SU0003007 - Laserfiche WebLink

Home Browse Search

1. APPEAL STATEMENT: There are no Federal or State laws that prohibit the applicants from opening an Adult Cabaret, featuring live nude dancing. No Federal, State or County law can be applied to prohibit the proposed use at the designated location. RESPONSE TO APPEAL: While there are no Federal or State laws prohibiting the applicants from establishing an adult cabaret, the project is still subject to compliance with the San Joaquin County Development Title. The use type that the proposed adult cabaret falls into is'Adult Entertainment'. To establish such a use on property in the C-G zone requires an approved Site Approval application, which is a discretionary type application. In order to approve a Site Approval application all required findings must be made in the affirmative by the Review Authority, which in this case was the Planning Commission. After considering all testimony, the Planning Commission denied the proposed use based on their inability to make two of the required five findings. Some of the Planning Commissioners conducted a site visit of similar uses in a neighboring County. They stated that such nightclubs could be sited in a proper area away from residences and bars. The Commission did not say no to adult cabarets; they said no to an adult cabaret at this particular location given the proximity to schools, churches, numerous residences and bars. The Planning Commission denial of the proposed Site Approval application was content neutral and not in contravention of the first amendment to the United States Constitution. 2. APPEAL STATEMENT: The Adult Entertainment Zoning Ordinance and Site Approval process in San Joaquin County is vague, ambiguous, and is nonconstitutional, as an improper prior restraint on First Amendment Rights. The Site Approval criteria allows the Planning Commission and Board of Supervisors to decide, without any guidance,what will not be significantly detrimental to the public health, safety, or welfare; be injurious to the property or improvements of adjacent properties and is compatible with adjoining land uses. It would be impossible for any County to make these determinations on an objective standard, because they are subjective in nature. Therefore, the requirements for Finding 4 and 5 are unconstitutionally vague, and violate California Government Code Section 65850(g)(1), because they are not narrow, objective and definite standards. RESPONSE: The San Joaquin County Board of Supervisors has recently reviewed Text Amendment TA-96-3, which, if it is ultimately approved, will revise and expand the definition of 'Adult Entertainment', includes locational criteria and review standards, and permits Adult Entertainment in the following zones with an approved Improvement Plan: C-G, I-W, I-L, and I-G. The proposed Site Approval for the adult cabaret would not meet the standards of the proposed Adult Entertainment Ordinance for the same reasons that the Site Approval was denied. BOS LETTER PAGE 2