Chapter 18.70
USE REGULATIONS APPLICABLE TO SPECIFIED REGULATED BUSINESSES
Sections:
18.70.040 Use permit required.
18.70.050 Anti skid-row regulations.
18.70.060 Required findings for grant of a use permit.
18.70.090 Additional definitions.
18.70.010 Policy.
The purpose of this chapter is to provide reasonable regulations to prevent the adverse effect of the concentration or clustering of certain uses of real property, specifically adult book stores, adult cabarets, adult motion picture theaters, nude encounter studios, nude photography studios, and other uses, as specified in SCCC 18.70.090 (hereinafter referred to collectively as “regulated businesses”). Such uses have serious objectionable characteristics especially when several of them are located in close proximity to each other. Such concentration tends to create a “skid-row” atmosphere and has a deleterious effect upon the adjacent area. Regulation of the locations of these uses is necessary to ensure that such adverse effects will not cause or contribute to the blight or the downgrading of neighborhoods and businesses situated in proximity to said “regulated businesses.”
The regulations hereinafter set forth in this chapter are necessary and will tend to prevent the clustering of such “regulated businesses.” The regulations hereinafter set forth will serve to help prevent the deleterious effects of blight and the resultant downgrading of real property values. The regulations will also serve to promote the orderly planning, development and utilization of neighborhood and business premises. (Ord. 1715 § 1, 9-15-98; Zoning Ord. § 35-1; Ord. 2006 § 6, 10-8-19).
18.70.020 Application.
The provisions of this chapter apply to the hereinafter “regulated businesses” regardless of the zoning district in which they are located. (Zoning Ord. § 35-2).
18.70.030 Definitions.
Some definitions, particularly relevant for this chapter, are contained herein for convenience of reference:
(a) The “regulated businesses” are itemized and defined as follows:
(1) “Adult book store” means a building or portion thereof used by a business which has as a substantial or significant portion of its stock in trade for sale to the public, or certain members thereof, books, magazines or other publications which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as hereinafter defined).
(2) “Adult cabaret” means a building or portion thereof or area used for the presentation or exhibition or featuring of topless and/or bottomless dancers, persons engaging in “specified sexual activities” (as hereinafter defined), strippers, male or female impersonators or similar entertainers for observation by patrons or customers.
(3) “Adult motion picture theater” means a building or portion thereof or area, open or enclosed, used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as hereinafter defined) for observation by patrons or customers.
(4) “Adult novelty store” means a building or portion thereof used by a business which has a substantial or significant portion (over twenty-five percent (25%) of the business’ stock in trade for sale or rental to the public or over twenty-five percent (25%) of its gross dollar of business or, if applicable, over twenty-five percent (25%) of the actual display area of the store) of its stock in trade for sale or rental to the public, or certain members thereof, adult-oriented novelty items which are distinguished or characterized by their emphasis or use for “specified sexual activities” (as hereinafter defined).
(5) “Nude encounter studio” means a building or portion thereof or area used, upon payment of any compensation (as hereinafter defined), for permitting the patron or customer to meet, be present privately, or otherwise “encounter” a person or persons who are topless and/or bottomless and are employed for such purpose (as hereinafter defined) by the operator of such establishment.
(6) “Nude photography studio” means a building or portion thereof or area used upon payment of any compensation (as hereinafter defined), for permitting the patron or customer to photograph a person or persons who are topless and/or bottomless and who are employed for such purpose (as hereinafter defined) by the operator of such establishment.
(b) Miscellaneous Definitions.
(1) “Compensation” means any levy, fee, gift, toll, charge, etc., whether in currency, service, ticket, token, or other device.
(2) “Employed for such purpose” means a person employed for such purpose by the establishment operator shall include employees and independent contractors who give compensation to the operator for the privilege of using the facilities. This definition excludes customers.
(3) “Specified sexual activities” means:
(A) Human genitals in a state of sexual stimulation or arousal; and
(B) Acts of human masturbation, sexual intercourse, fellatio, cunnilingus or sodomy; and
(C) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; and
(D) Bestiality.
(4) “Specified anatomical areas” means:
(A) Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and
(B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 1715 § 2, 9-15-98; Zoning Ord. § 35-3; Ord. 2006 § 7, 10-8-19).
18.70.040 Use permit required.
Those uses defined as “regulated businesses” in SCCC 18.70.030 and 18.70.090 may be established only by first securing a use permit in each case as provided in SCCC 18.70.060 and Chapter 18.110 SCCC. (Ord. 1715 § 3, 9-15-98; Zoning Ord. § 35-4).
18.70.050 Anti skid-row regulations.
Excepting the provisions of Chapter 18.94 SCCC pertaining to nonconforming uses, no lot or parcel of property in any zoning district or any building or structure thereon, or any portion thereof, within the city, shall be used for a “regulated business” at a location closer than five hundred (500) feet from another “regulated business” (as defined in SCCC 18.70.030 and 18.70.090) nor five hundred (500) feet from the below-indicated uses (whether such use is within or outside the City of Santa Clara):
(a) School property line (universities, community colleges, high schools, junior high schools, elementary and nursery schools).
(b) State-licensed child care centers and/or large family day care facilities.
(c) Hotels, motels, or lodging houses.
(d) Bowling alleys, ping-pong centers, electric-game centers, pool and billiard halls.
(e) Any lot or parcel zoned single-family residential. (Ord. 1715 § 4, 9-15-98; Zoning Ord. § 35-5).
18.70.060 Required findings for grant of a use permit.
Notwithstanding any provision elsewhere in this title to the contrary, and in addition to the findings required to be made in issuing a use permit pursuant to the provisions of Chapter 18.110 SCCC, the Planning Commission may grant a use permit to a “regulated business” only if it shall find that the proposed use at the proposed location, subject to such conditions, as it may impose:
(a) Will not be contrary to the public interest or unreasonably injurious to the use of nearby properties;
(b) Will conform to the spirit and intent of this title;
(c) Will be consistent with the applicable zoning district designation and the section of this title governing it;
(d) Will not enlarge or encourage the development of a “skid-row” area;
(e) Will not be contrary to any program of neighborhood conservation;
(f) Will not interfere with any program of urban renewal or redevelopment;
(g) Will be in compliance with all applicable City codes and regulations; and
(h) Will not be located within five hundred (500) feet of any other use regulated by this chapter nor within five hundred (500) feet of those uses identified in SCCC 18.70.050(a) and (b).
Except as otherwise expressly provided, the regulations set forth in this chapter are intended to be in addition to and not in lieu of other regulations of this title applicable to any of the above specified uses; and, unless otherwise specifically provided, shall not be deemed to repeal or amend any other provision or provisions of “the Code of the City of Santa Clara, California” or of this chapter, which are applicable to the above-mentioned uses or activities nor be deemed to excuse noncompliance with other such provisions. (Ord. 1715 § 5, 9-15-98; Zoning Ord. § 35-6).
18.70.070 Policy for tattoo or branding parlors, body-piercing establishments, check-cashing shops and pawn shops.
The City of Santa Clara intends to adopt reasonable regulations to prevent the adverse effects of the concentration or clustering of certain uses and to prevent the negative effects of these uses individually upon an area. These uses include tattoo or branding parlors, body-piercing establishments, check-cashing shops and pawn shops. These uses have been demonstrated to have a detrimental impact individually or when located in close proximity to each other. These concentrations tend to create a “skid row” atmosphere and have a deleterious effect upon the adjacent area. Regulation of these uses is necessary to ensure that the negative impacts will not cause or contribute to the blight or the downgrading of neighborhoods and businesses in proximity to these listed businesses.
The regulations set forth below are necessary and will tend to prevent the clustering of these uses. This chapter will also serve to promote the orderly planning, development and utilization of neighborhood and business premises.
In a summary entitled “Secondary Effects of Crime” (“the study”), the Santa Clara Police Department reviewed studies conducted in Oakland California; St. Paul, Minnesota; Seattle, Washington; Phoenix, Arizona; and in the City of Santa Clara, and concluded that specified regulated uses do have numerous negative effects upon the area and lead to increasing calls for service in response to crime. The study identified tattoo or branding shops and body-piercing establishments as a magnet for organized crime and gang activity, and found that these establishments had excessive calls for service. The study also noted that check-cashing shops were also a center of criminal activity resulting in extra calls for service. The study included information that pawn shops are ready buyers for stolen property with many related police calls. (Ord. 1715 § 6, 9-15-98; Zoning Ord. § 35-7).
18.70.080 Application.
The provisions of SCCC 18.70.070 through 18.70.090 apply to tattoo or branding parlors, body-piercing establishments, check-cashing shops and pawn shops regardless of the zoning district in which they are located. Tattoo or branding parlors, body-piercing establishments, check-cashing shops and pawn shops shall be deemed to be regulated businesses for the purposes of this chapter. (Ord. 1715 § 7, 9-15-98; Zoning Ord. § 35-8).
18.70.090 Additional definitions.
Some definitions, particularly relevant for this chapter, are contained herein for convenience of reference:
(a) “Body-piercing shop” means a building or portion thereof where piercing of human body parts is administered or from which a body-piercing business or service is operated. This shall not include establishments which limit their piercing to ears only.
(b) “Check-cashing shop” means a building or portion thereof where checks or money orders are cashed or money orders or wires are issued and these services are a significant part of the business (over twenty-five percent (25%) of the gross dollar volume of business). This chapter does not regulate banks, savings and loan institutions, credit unions, or other banking organizations regulated by State or Federal law.
(c) “Pawn shop” means a building or portion thereof where personal property is received and for which money is advanced, with the right of privilege granted to the person to whom said money is advanced to reclaim such property upon repayment of said money, together with all legal charges incident thereto. This chapter does not regulate banks, saving and loan institutions, credit unions, or other banking organizations regulated by State or Federal law.
(d) “Tattooing or branding shop” means a building or portion thereof where the tattooing or branding of human body parts is administered or from which a tattooing or branding business or service is operated.
(e) Uses which, in the opinion of the Planning Commission, are similar in nature. (Ord. 1715 § 8, 9-15-98; Zoning Ord. § 35-9).