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' SAN JOAQUIN COUNTY PQV�N COMMUNITY DEVELOPMENT DEPARTMENT Q: • 1810 E.HAZELTON AVE.,STOCKTON.CA 95205.6232 �cq\�Foµi+P PHONE:2091468-3121 Fax:209/468-3163 April 30, 1996 Board of Supervisors Courthouse Stockton, CA 95202 Dear Board Members: ADOPT INTERIM URGENCY ZONING ORDINANCE PERTAINING TO ADULT ENTERTAINMENT (DEVELOPMENT TITLE TEXT AMENDMENT APPLICATION NO. TA-96-1 OF SAN JOAQUIN COUNTY) (ALL SUPERVISORIAL DISTRICTS) x5 '71 t. Wo+erloa 'RAS <S+oc Oona IT IS RECOMMENDED: That the Board of Supervisors: 1. Approve Development Title Text Amendment Application No.TA-96-1 based on the'Basis for Development Title Text Amendment' (Attachment A) and 'Finding for Interim Zoning Ordinance" (Attachment B), under the provisions contained in Section 65858 of the California Government Code for Interim Urgency Zoning Ordinances. 2. Direct Community Development Department staff to post a Notice of Exemption. BACKGROUND: This proposed Text Amendment is being processed under the provisions of Section 65858 of the California Government Code for Interim Urgency Zoning Ordinances. This section provides that legislative bodies may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the legislative body, Planning Commission, or Planning Department is considering or studying or intends to study within a reasonable time. The Community Development Department is presently preparing a permanent Ordinance relative to adult entertainment. This Ordinance was necessitated by a recent Site Approval application for adult entertainment. Section 65850(g)(1) of the Government Code gives Counties and cities the right to adopt reasonable zoning regulations for adult businesses to minimize any negative secondary effects of such businesses. This section provides that the legislative body may rely on experiences of other counties and cities and on the findings of court cases in establishing the reasonableness of the ordinance and its relevance to the specific problems it addresses, including the impacts the adult business may have on surrounding land uses. Courts have ruled that entities cannot completely prohibit adult businesses and must have review standards and locational criteria that would not preclude entertainment activities that are protected as 'freedom of expression' by the First Amendment. The courts have held that a public entity must provide an adequate number of potential sites for adult businesses, and in some instances courts have found ordinances to be overly restrictive holding that there were not a sufficient number of sites available and invalidated the entity's ordinances. Based upon this, a County may regulate adult businesses if its ordinance is enacted to protect the unincorporated area from unwanted secondary effects, if it can be demonstrated that an adequate number of potential sites are made available for adult businesses to located.