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HomeMy WebLinkAbout1507 - ORDINANCES - 3/15/1995 ORDINANCE NO. 1507 AN ORDINANCE Or THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE IN`PERIM REGULATIONS OF ORDINANCE 1505 TO REGULATE THE ESTABLISHMENT OF ADULT ENTERTAINMENT USES DURING THE PENDENCY OF THIS ' ORDINANCE, AND DECLARING-THE-URGENCY THEREOF. WHEREAS the Palm Springs Zoning Ordinance was amended in January 1988 to add Section 9100. 10A. 9. , defining "Adult Entertainment Establishment" . and Section 9402 . 00H. 1. , regulating the establishment of Adult Entertainment uses, and conditionally permits the establishment of such activities in certain zones in the City of Palm Springs; and WHEREAS the Palm Springs regulatory scheme was generally modeled after that of the City of Detroit upheld by the U. S. Supreme Court in Youncf v. American Mini Theaters (1976) , and required dispersal of adult entertainment uses, including adult theaters, bookstores, massage parlors and related uses, by setting minimum distance requirements from churches, schools, residential uses and other adult entertainment uses; and WHEREAS the U. S. Supreme Court in 1986 upheld Renton, Washington's dispersal-type ordinance where it found that five percent of the City was available to these types of uses; and WHEREAS, in California, there has been continuing litigation concerning adult entertainment uses, with all of the following ' jurisdictions having their land use ordinance litigated: San Diego, Los Angeles, Long Beach, Los Angeles County, Santa Cruz County, Alameda, Victorvi.11e, Whittier, Vallejo, National City, Stanton and others; and WHEREAS the Courts have invalidated ordinances such as Whittier's and Stanton's where it was found that insufficient locations were provided for adult entertainment uses, while in the California Supreme Court's most recent decision, National City v. Wiener (1992) , the Court upheld the dispersal. requirements of National City; and WHEREAS the City Council finds, in light of the legal determinations which have occurred since enactment of the Palm Springs ordinance in 1988, that the established definitions and regulations regarding Adult Entertainment uses are deficient from both planning and legal standards; and WHEREAS the City Council finds that the City may be subject to litigation if it improperly regulates Adult Entertainment uses; and WHEREAS the City Council finds that it is necessary to reevaluate the legitimacy and legality of the current definitions and regulations prior to the permitting of any Adult Entertainment uses in the City of Palm Springs; and ' WHEREAS the City Council, on March 15, 1995, adopted Urgency Ordinance 3.505 regulating the establishment of Adult-Oriented Businesses and now wishes to extend the provisions of said Urgency Ordinance. NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: � Ord. No. 1507 ,µy 7.. 0, SECTION 1. REGULATION OF APPLICATION FOR :PERMITS FOR ADULT ENTERTAINMENT ACTIVITIES. The City Council :hereby finds that during the time this Ordinance is in effect, Adult Entertainment uses shall be approved and established according to the regulations attached hereto as Exhibit. A. For purposes of this Ordinance, an "Adult Entertainment" use shall be any activity defined as such by Exhibit A. SECTION 2 . DECLARATION OF FACTS CONSTITUTING URGENCY. The City , Council incorporates the foregoing recitals herein and hereby finds that this Ordinance is required to prevent a current and immediate threat to the public health, safety and welfare. The City believes, from general inquiries and application materials it has received, that persons or entities are considering seeking to have Adult Entertainment uses established in the City, and the approval of Adult Entertainment uses could result in a threat to public health, safety or welfare. Allowing Adult Entertainment without adequate definition and :regulation is not in keeping with the integrity of the community. The City needs to study how the establishment of Adult Entertainment activities effects the economic viability and the peace, morals and safety of the community. SECTION 3 . CONSISTENCY WITH THE ZONING ORDINANCE. The City Council hereby finds that:. this Ordinance is consistent with the Palm Springs Zoning ordinance in that it promotes consistency with the aesthetic quality and the peace and morals of the community. SECTION 4 . PLANNING STUDIES. Upon enactment of this Ordinance, the Director of Planning & Building is directed to review the city's current Adult Entertainment regulations for sufficiency, to review existing uses to determine conformity with regulations, to review locations within the City for suitability to locate adult , entertainment uses, to establish appropriate regulaLtions to minimize any detrimental effects from such uses, and to review appropriate ordinances from other jurisdictions. The City Attorney shall cooperate in undertaking this review by providing appropriate legal analysis of the regulatory provisions recommended. The Director of Planning & Building shall periodically repast to the City Council on the status of this project. SECTION 5 . EXTENSION OF INTERIM REGULATIONS. This Ordinance is intended to extend the interim regulations concerning Adult- Oriented Businesses established in Ordinance 1505. This Ordinance shall take effect immediately upon its adoption by at least a four- fifths vote of the. City Council and shall remain in effect for 10 months 15 days from the date of its adoption or until the Adult- Oriented Business Ordinance is effective, whichever is sooner. However, the City Council, after notice pursuant. to Government Code Section 65090 and a public hearing may by a four-fifths vote extend this Ordinance for an additional. year. . SECTION 5. URGENCY. The City Council hereby declares this Ordinance to be an urgency measure in accordance with Government Code Section 65858 . SECTION 6. SEVERABILITY. it is the intention of the City Council ' that the sections, subsections, clauses and phrases, of this Ordinance are severable, and :if any portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance, and the City Council would have enacted such remainder without the portion found to be invalid or unconstitutional. SECTION 7. PUBLICATION. The City Clerk of the City of Palm Springs shall certify to the passage and adoption of this Ord. No. 1507 Page 3 Ordinance, and shall cause the saine to be posted and published in the manner required by law. ADOPTED this 19th day of April , 1995 . AYES: Members Kleindienst, Lyons, Reller-Spurgin & Mayor Maryanov NOES: None ABSENT: Member Hodges ATTEST: CITY OF PALM SPRINGS, CALIFORNIA C it_j-�C l erk Mayor REVIEWED & APPROVED AS TO FORM- I HEREBY CERTIFY THAT the foregoing Ordinance 1507 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 19th day of April , 1995, and that same was duly published in the DESERT SUN, a newspaper of general circulation on JUDITH SUMICH ' City Clerk EXHIB:[T "A" ORDINKNI w'E NO. 1507 AI'S URGENCY ORDINANCE O: TVIE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIArE DECLARATION AHD ADDING A NEW CHAPTER 5. 77 TO THE CODE ()F THE CITY OF P,ALPI SPRINGS, AMENDING SECTIONS 9215 . 01, SUBSECTION A; 9215. 01, SUBSECTION A; 9217. 01, SUBSECTION A; AND 9217- ' 1. 01, SUBS a'CTIOPI A 'TO THE ZONING ORDINANCE OF THE CITY OF PALM SPRINGS, AND REPEALING SECTIONS 9100. 01, SUBSECTION A.9; 9214. 01, SUBSECTION D.2; 9215. 01, SUBSECTION D. 1; 9216. 01, SUBSECTICS3 D. 1; 4217. 01, SUBSECTION D. 1, AND 9402 . 001 SUBSECTION H- 1 WHEREAS, the City Council of the City of Palm Springs wishes to promote the City of Palm Springs's great interest in protecting and preserving the quality of the residential, commercial and industrial areas of the City, and the quality of life through effective land use planning; and WHEREAS, the City Council of the City of Palm Springs believes as true the studies conducted in the cities of Austin, Texas; Biloxi, Mississippi; Garden Grove, California; Indianapolis, Indiana; I,os Angeles, California; and Phoenix, Arizona which show Adult-Oriented Businesses cause secondary impacts which degrade the areas of the City in which they are located, cause a blighting effect on the City, and increase crime in general , and sex related crimes in particular, in the vicinity of the Adult Oriented Business; and WHEREAS, prior to the adoption of this Ordinance, the City ' reviewed detailed studies prepared by other jurisdictions regarding the detrimental social and economic effects on persons and properties immediately surrounding established Adult oriented Businesses. These studies included those prepared by the cities of Austin, Texas; Biloxi, Mississippi; Indianapolis, Indiana; Garden Grove, California; Los Angeles, California ; and Phoenix„ Arizona; and WHEREAS, the City Council of the City of Palm Springs believes the following statements are true- , in part based upon :its under- standing of the experiences of cities such as Austin, Texas; Biloxi, Mississippi; Garden Grove, California; Indianapolis, Indiana; Los Angeles, California; and Phoenix, Arizona: A. Crime rates are higher in residential areas surrounding Adult oriented Businesses than in commercial or indus- trial areas surrounding Sexually Oriented. Businesses; B. Areas within close proximity of single and multiple family dwellings should be free of Adult oriented Businesses; C. Adult Oriented Businesses should not be located in areas of the City which are in the vicinity of residential uses, religious institutions, parks and schools; ' D. The image of the City of Palm Springs as a pleasant and attractive place to reside will be adversely affected by the presence of Adult Oriented Businesses in close proximity to residential uses, religious institutions, parks and schools; F32\261\014084-00GM2093623.7 a03122/95 Ord. No. 1507 -- EXHIBIT A E. The existence of Adult Oriented Businesses in close proximity to residential areas has been shown in some cities to reduce the property values in those residential areas; F. Locating Adult oriented Businesses on main commercial. thoroughfares of the City would be detrimental to the ' City and its citizens because the documented secondary effect of the operation of Adult Oriented Businesses, such as increased sexually oriented crime, decreased property values and the diminution of retail business in areas proximate to such 'Businesses, would result in the loss of commercial business in those areas, the concom- mitant decrease in sales tax revenue and City services and would cause a blighting effect on the commercial centers of the City; G. The City Council believes that allowing Adult Oriented Businesses in the City's C-M, M-1, M-1-P and M-2 zones is appropriate because such zones include ample acces- sible -real estate including acreage in all stages of development from raw land to developed, industrial warehouse, and shopping space that is easily accessible by freeways, highways and roads. Prohibiting Adult Oriented Businesses within the City's Commercial Zones is further justified based on the fact that Adult Oriented Businesses have been shown to reduce property values and decrease the patronage of those businesses in close proximity to the Adult Oriented Businesses; H. Without the adoption of this Ordinance, Adult Oriented Businesses might be able to locate anywhere within the City by right, requiring no permit other than a business license to operate; 1 . A .reasonable regulation of the location of Adult Oriented Businesses protects the image of the community and its property values and protects its residents from the adverse secondary effects of such Adult Oriented Businesses, while providing those who desire to patronize Adult Oriented Businesses an opportunity to do so in appropriate areas within the City; J. Regulations for Adult Oriented Businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather than waiting for a problem to be created; K. Adult Oriented Businesses should be regulated by develop- ing zoning which will separate such land uses from other incompatible uses; L� Neither City experience nor any of the aforementioned studies reviewed by the City have demonstrated that clothing optional Hotels/Motels which do not operate as Adult Hotels/Motels cause any of the secondary effects discussed above; and ' NI. Crime rates significantly increase when Adult Oriented Businesses are established within close proximity to other Adult Oriented. Businesses . F52\261\014094-0006\20936239 a03/22195 —2-- Ord. No. 1507 EXHIBIT A WI.EREAS, the aforementioned studies show that sex-related offenses are included within the category of secondary effects caused b%7 unregulated or underregulated Adult Oriented Businesses; and WHEREAS, the City Council believes that persons who have been convicted of sex-related offenses have shown a propensity to commit such offenses and should not be permitted to operate Adult Oriented , Businesses for two (2) years after such conviction. This is because the sexually oriented nature of the business creates an increased. opportunity for the. commissiorlof sex-related offenses by persons who have exhibited a propensity for the commission of such offenses; and WHEREAS, the City Council believes as true the documents and judicial decisions in the public record established and submitted in conjunction with this Ordinance which demonstrate that various operational practices of Adult oriented Businesses (as that term is defined in Section 5 .77 . 010 of the Palm Springs Municipal Code) increase criminal activity, including but not limited to sexually related criminal activity, and increase the likelihood of the transmission of diseases including but not limited to sexually transmitted diseases such as gonorrhea, syphilis, herpes, and acquired immune deficiency syndrome ("AIDS") and hepatitis-B; and WHEREAS, the City Council believes the following statements are true, in part, based upon its understanding of the documents and judicial decisions in the public record established and sub- mitted with this Ordinance: A. Evidence indicates that some dancers, models, entertain- ers, and other persons w1Zo publicly perform Specified Sexual Activities or publicly display Specified Anatom- ical Parts in Adult Oriented Businesses (as those terms are defined in Section 5 .77 . 010) (collectively referred to as "Performers") have been found -to engage in sexual activities with patrons of Adult Oriented Businesses on the site of the Adult Oriented Business; B. Evidence has demonstrated that Performers employed by Adult Oriented Businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the Performers in live sex shows; C. Evidence indicates that Performers at Adult. Oriented Businesses have been found to engage in acts of prosti- tution with patrons of the establishment; D. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose, interior cannot be seen from public areas of the establishment ("Individual Viewing Areas") regularly have been found to be used as a location for engaging in unlawful sexual activity; E. Many Individual. Viewing Areas have been found to contain , "glory holes" in the walls joining abutting Individual Viewing Areas which are used by customers to facilitate sexual activity between the occupants of the abutting Individual Viewing Areas; T-M\261\014064-OW6\2093623.7 a03/22/95 -3- Ord. No. 1507 EXHIBIT A F. Individual Viewing Areas have been found to be unsanitary due to the existence of semen, saliva, and blood on the walls and floors of the Individual Viewing Areas; G. Medical- science has found that: (1) certain Sexually Transmitted Disease ("STD") have a potential life span of 2-3 hours outside the human body; (2) the existence of ' certain bodily fluids on the walls and floors of the Individual Viewing Areas can facilitate the transmission of STDs; and (3) the practice of individuals having anonymous and/or unprotected sexual- relations in Individual Viewing Areas can facilitate the transmission of STDs; H. Poorly lit or unlit areas of Adult Oriented Businesses provide a location for people to engage in illegal sexual activities; I. Police agencies have determined that some Adult Oriented Businesses and the operators thereof have been found to be directly engaged in (as well as aid and abet) criminal and illegal sexual activity. Such individuals also have been known to use aliases; J. Many jurisdictions have found that Adult Oriented Busi- nesses generate excessive noise and disorderly conduct, particularly at the closing time of the Adult Oriented Business, which creates an adverse noise public safety impact on surrounding businesses and communities; and WHEREAS, the experiences of the cities of Palm Springs and Huntington Beach, California, indicate that disorderly conduct is ' likely to occur when crowds which are under the influence of alcohol become involved in sexually oriented activities; and WHEREAS, while the City Council desires to protect the rights of those who provide adult oriented entertainment, it desires to do so in a manner which decreases, to the greatest extent feasible, the undesirable secondary effects associated with such entertain- ment; and WHEREAS, based upon the evidence contained in the documents, judicial opinions, and other public records, a copy of which are on file in 1-he City Cle.arks office, the City Council finds as follows: A. The City has an interest in ensuring that individuals who operate Adult Oriented Businesses have not been convicted of certain criminal offenses, particularly sexually related offenses. The application requirements contained in Chapter 5. 77 of the Palm Springs Municipal Code further that interest; B. Requiring the presence of one (1) security guard for every 200 patrons at Adult Oriented Businesses providing live entertainment is likely to reduce the disorderly conduct and illegal activity observed to occur at Adult Oriented Businesses in other jurisdictions; C. Requiring Adult Oriented Businesses to close at 1: 00 a.m. is likely to reduce the early morning criminal activity occurring at and near_ Adult oriented Businesses and is likely to eliminate the existence of excessive noise and disorderly conduct in and around the community in the P52\261\0140114-W06\2093623 i .03122/95 -4- Ord. No. 1507 EXHIBIT A early hours of the morning; D. The requirement that Adult oriented Businesses only allow performances which are characterized by Specified Sexual Acts or future Specified Anatomical Parts such that patrons not be permitted within G feet of the Performers is likely to reduce the opportunities for illegal sexual activity to occur between Performers and patrons, and is ' particularly likely to reduce the opportunity for such illegal sexual activity to occur at the Adult, oriented Business; E. Requiring Performers in Individual Viewing Areas to be completely separated from patrons by a floor to ceiling plexiglass or other clear, permanent barrier is likely to reduce the opportunity for illegal sexual activity to occur between Performers and patrons and reduce the possibility of the transmission of sexually transmitted diseases between Performers and patrons; F. Requiring the entire interior portion of Individual Viewing Areas to be visible from aisles and public areas of the Adult Oriented Business is likely to reduce the opportunity for illegal sexual_ activity to occur within the Individual Viewing Area; G. Requiring areas within Adult Oriented Businesses to be minimally illuminated to the standards contained in Chapter 5 . 77 is likely to reduce the opportunity for the occurrence of illegal. sexual activity in dark portions of Adult oriented Businesses; H. Prohibiting any physical contact between Performers and ' patrons of Adult Oriented Businesses is likely to reduce the opportunity for the occurrence of illegal sexual activity between patrons and Performers; I . Prohibiting holes or openings between the interior spaces of Individual Viewing Areas is likely to reduce the opportunity for the occurrence of illegal sexual activity between the occupants of Individual Viewing Areas; J. Prohibiting the occupancy of more than one person in an Individual Viewing Area at any time .is likely to reduce the opportunity for the Individual Viewing Area to be used for illegal sexual activity; K. Prohibiting patrons of Adult Oriented Businesses from offering payments or gratuities and prohibiting Performers from accepting the same is likely to reduce the opportunity for illegal sexual activity to occur between patrons and Performers; and WliEREAS, while the City Council of the City of Palm Springs desires to protect the rights conferred by the United States Constitution to Adult oriented. Businesses, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, , those undesirable secondary effects which the aforementioned studies have shown to be associated with the development and operation of Adult Oriented Businesses; and FS2\261\014094-0006\2093623.7 a03/22/95 -5- Ord. No. 1507 EXHIBIT A WHEREAS, it is not the intent of the City in adopting this Ordinance to suppress any activities protected by the First Amendment, but rather to enact a content neutral ordinance which addresses the secondary effects Adult Oriented Businesses have on the City; and WHEREAS, the City staff has prepared an initial study pursuant ' to the California Environmental Quality Act ("CEQA") , has deter- mined that the proposed Specific Plan amendments will not have any adverse impact on the environment, and accordingly has prepared and recommends adoption of a Negative Declaration; and WHEREAS, the City has previously adopted an Adult Oriented Business zoning ordinance in 1988 which was subsequently revised in 1992 ; and WHEREAS, since that time the courts have decided Smith v. County of Los .Angeles (1994) 211 Cal.App. 3d 188; Topanga Press v. City of Los Angeles (C.A. 9 , Cal. 1994) 989 F. 2d 1524 ; and Dease v. City of Anaheim (C.D. Cal. ) 826 F. Supp. 336, all of which collec- tively call into question some provisions of the City's Adult Oriented Business zoning ordinance; and WHEREAS, without a proper Adult oriented Business zoning ordinance in place, an Adult Oriented Business could legally be permitted to operate in the absence of any regulations, causing the City and its people to incur the secondary effects associated with the operation of such businesses as discussed above; WHEREAS, the City has recently received numerous inquiries regarding the establishment of Adult Oriented Businesses in the City's Central Retail District as well as in areas immediately ' adjacent to residential and school uses; and WHEREAS, Government Code Section 65858 authorizes the City to adopt an urgency measure to regulate uses which may be in conflict with a contemplated zoning proposal which the legislative body, Planning Commission or Planning Department is considering or studying or intends to study within a reasonable time; and WHEREAS, the City has been studying the adoption of a new Adult Oriented Business zoning ordinance for one year. NOW, THEREFORE, the City Council of the City of Palm Springs hereby ordains as follows: Section 1: Pursuant to the City of Palm Springs's CEQA Procedures and Article VI of the State CEQA Guidelines, it has been determined that revisions in the project plans or proposals made by or agreed to by the applicant before the proposed Negative Declara- tion has been released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. This conclusion is based upon the Admini- strative Record, initial study and comments received during the public review period. Therefore, a Negative Declaration has been prepared according to CEQA. The City Council, having final appro- val authority over this project., has reviewed and considered the ' information contained in the Negative Declaration and the initial study, and has also reviewed and considered the comments received during the public review public period prior to the approval of this Project. Furthermore, the City Council has exercised its own independent judgment in reaching the above conclusion. The City Council therefore approves the Negative Declaration. FS2MV014084-00W\2093623.7 ,03/22/95 -6- Ord. No. 1507 EXHIBIT A Putcsuant to Title XIV', California Code of Regulations, Section 753 . 5 (c) (1) , the City Council has determined that, after consider- ing the record as a whole, there is no evidence: that the proposed project will have the potential. for any adverse effect on wildlife resources or the habitat upon which the wildlife: depends. Further- more, on the basis of substantial evidence, the City Council hereby finds that any presumption of adverse impact has been adequately rebutted. Therefore, pursuant: to Fish and Game Code Section 711. 2 ' and Title XIV, California Code of Regulations, Section 753 . 5 (a) (3) , the payment of Fish and Game Department filing fees is not: required in conjunction with this project. Section 2 ; A new Chapter 5 . 77 is hereby added to the Palm Springs Municipal Code to read in its entirety as follows: Chapter 5 . 77 Adult Oriented Business Sec. 5.77 . 005 Intent. The intent of this Chapter is to regulate Adult Oriented Businesses which, because of their very nature, are believed to have any of the recognized significant secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residen- tial and commercial. areas in the vicinity of the Adult Oriented Businesses; higher crime rates, noise, debris or vandalism in the vicinity of Adult Oriented Businesses; and blighting conditions such as low level maintenance of commercial premises and , parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blight- ing or downgrading of the neighborhoods in the vicinity of the Adult Oriented Businesses. I't is neither the intent, nor effect of this section to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor effect of this section to restrict or deny access by adults to Sexually Oriented Materials or .Merchandise protected by the First Amendment, or to deny access by the distribu- tors or exhibitors of Adult Oriented Business to their intended market. Nothing in this Section is intended to authorize, legalize or permit the establishment„ operation or maintenance of any business, building or use which violates any City ordinance or any statute of` the State of California. regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. Sec. 5. 77 . 010 Definitions. ' "Adult Bookstore0[ : Any establishment, which as a regular and substantial course of conduct, displays and/or distributes Adult Merchandise, books, P82\261\0140G4-0006\2093623.7 .03/22/95 -7- Ord. No. 1507 EXHIBIT A periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or ocher written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to Specified Sexual Activities or Speci- fied Anatomical Parts. (See "Adult Oriented ' Business" for definition of regular and substantial portion of its business. ) "Adult Cabaret" : A nightclub, bar, lounge, restau- rant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing or relat- ing to Specified Sexual Activities or Specified Anatomical Parts. "Adult Hotel/Motel" : A motel, hotel or similar commercial establishment which (1) offers public accommodations, for any form of consideration, which provides patrons with closed-circuit tele- vision transmissions, films, motion pictures, video cassettes, slides or other photographic reproduc- tions which are characterized by the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas" and which advertises the availability of this sexually-oriented type of material by means of a sign visible from the public ' right-of-way, or by means of any off-premises advertising including, but not limited to, news- papers, magazines, pamphlets or leaflets, radio or television; or (2) offers a sleeping room for rent for a period of time less than 10 hours; or (3) allows a tenant or occupant to sub-rent the sleep- ing room for a time period of less than 10 hours. "Adult Model Studio" : Any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is character- ized by its emphasis on matter depicting, describ- ing, or relating to Specified Sexual Activities or Specified Anatomical Parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculp- tured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a considera- tion, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. Adult Model Studio shall, not include any Live Art Class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 gt sew. of the Education Code. "Adult Motion Picture Arcade" : Any business establishment or concern containing coin or slug operated or manually or electronically controlled still, motion picture or video machines, projec- PS2\2d1\01408'4-00W\2093523.7 03/22/95 -8- Ord. No. 1507 tors, or other image producing devices that are maintained to display images to an individual in Individual Viewing Areas when those images are distinguished or characterized by an emphasis on matter depicting„ describing or relating to Speci- fied Sexual Activities or Specified Anatomical Parts. "Adult-Oriented Business" : Any business establish- ' ment or concern which as a regular and substantial course of conduct performs as an Adult Bookstore, Adult Theater, Adult Motion Picture Arcade, Adult Cabaret, Stripper, Adult Model Studio or Adult Hotel/Motel (but not Clothing optional Hotel/ Motel) ; any business establishment or concern which as a regular and substantial course of conduct sells or distributes Sexually oriented Merchandise or Sexually Oriented Material; or any other busi- ness establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or enter- tainment characterized by an emphasis on matters depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. "Adult Oriented Business" does not include those uses or activities, the regulation of which is preempted by state law. "Adult Oriented Business" shall also include any business establishment or concern which, as a regular and substantial course of conduct provide; or allows performers, models, actors, actresses, or employees to appear in, any place in attire which does not opaquely cover Specified Anatomical. Parts. For the purposes of ' this Section, a business establishment or concern has established the provision of products, merchan- dise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to Specified Sexual Activities or Speci- fied Anatomical Parts as a regular and substantial course of conduct when one or more of the following conditions exist: A. The area devoted to Adult Merchandise and/or Sexually oriented Material exceeds more than 25 percent of the total display or floor space area open to the public; B. The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on Specified Sexual Activity or Specified Anatomical Parts at least six (6) times in any month in any given year; C. The business establishment or concern obtains a significant or substantial portion of its revinues or from the sale, rental or lease of entertainment, material or merchndise charac- terized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts or advertises the availability of the same; or CS2\261\014094-0(X)6\2093623.7 a03l22/95 -9- Ord. No. 1507 EXHIBIT A D. The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depict- ing, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. ' "Adult Theater" : a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distin- guished or characterized by their emphasis on matter depicting, describing, or relating to Speci- fied Sexual Activities or Specified Anatomical Parts. "Clothing Optional Hotel/Motel" : a non-Adult Hotel/ Motel which, in the ordinary course of business, permits its patrons to be nude in and on those public areas of the Hotel or Motel property which are not visible from any public right-of-way. A Clothing Optional Hotel shall not include any Hotel or Motel which provides compensation of any form or permits any person to accept compensation of any form for exposing specified Anatomical Parts or engaging in Specified Sexual Activities. "Live Art Class" : Any premises on which all of the following occur: there is conducted a program of ' i.nstructi.on involving the drawing, photographing, or sculpting of live models exposing Specified Anatomical Parts; instruction is offered in a series of at least 2 classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre-registration is required at least 24 hours in advance of participation in the class. "Sex Club" : any establishment, including a private club, which permits persons to engage in Specified Sexual Activities in any public or semi-public portion of the establishment or which provides private rooms to persons for a period of less than 24 consecutive hours in which persons are permitted to engage in Specified Sexual Activities. For the purpose of this section, a public or semi-public portion of an establishment shall mean any portion of the establishment in which invitees of the establishment are permitted access and which is not reserved for the exclusive use of two or fewer persons for a period of 24 consecutive hours or more. Rooms provided for the exclusive use of more than two unrelated persons shall be deemed to be "public" for the purposes of this Ordinance. "Sexually Oriented Material" : Any element of Sexually Oriented Merchandise, or any book, peri- odical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral, or visual representation which, for purposes of PS2\261\014084-0006\2093623.7 .03122/95 -1 0- Ord. No. 1507 EXHIBIT A sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to Specific Sexual Activi- ties or Specified Anatomical. Parts. "Sexually Oriented Merchandise" : Sexually oriented implements and paraphernalia, such as, but not limited to: dildos, _ato sucks, sexually oriented vibrators, edible underwear, benwa balls, inflat- able orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are: designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity. "Specified Anatomical Parts" : a. Less than completely and opaquely covered human genitals; pubic region; buttocks; or female breast below a point immediate- ly above the top of the areola; or b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified Sexual. Activities" : a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed geni- tals, flagellation or torture in the ' context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery , copro- phagy, coprophilia, cunnilingus, fella- tio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or b. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or C. Use of human or animal ejaculation, sodo- my, oral copulation, coitus, or mastur- bation; or d. Fondling or touching of nude human geni- tals, pubic region, buttocks or female breast; or e. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or f. Erotic or lewd touching, fondling or ' other sexually oriented contact with an animal by a human being; or FS2\261\014084-0006\2093623.7 a03/22/95 -1 1- EXHIBIT A Ord. No. 1507- g. Human excretion, urination, menstruation, vaginal or anal irrigation; or h. Striptease or the removal of clothing to the point where Specified Anatomical Parts are not opaquely covered. Sec. 5,77 . 015 Permit Required, No Adult Oriented Business shall be permitted to operate, engage in, conduct or carry on business within the City unless the owner of the business first obtains both an Adult Oriented Business Permit and a Business License from the City of Palm Springs. Sec. 5. 77 . 020 Application Requirements. The property owner, or authorized agent of the property owner, is eligible to request an Adult Oriented Business Permit. A single Adult Oriented Business Permit shall suffice for the operation of any Adult Oriented Business within the city. The following information is required at the time an Adult oriented Business Permit is submitted to the Community Development Department: A. A completed Adult Oriented Business Permit application signed by the property owner or authorized representative. ' B. A non-refundable deposit or fee as set forth by ordinance or 'resolution of the City Council.. C. A Letter of Justification describing the proposed project and explaining how it will comply with the findings/requirements con- tained in Section 5.77 . 030 . D. All other information as required by City of Palm Springs Adult Oriented Business Permit Information Sheet. Sec. 5. 77 . 025 Findings/Requirements. The City Director of Planning and Building shall issue an Adult Oriented Business Permit within thirty (30) days of receipt of a complete appli- cation if it finds that: A. The Adult Oriented Business shall be located in the City's C-M, M--1, M-1-P, and M-2 zoning districts.' ' The distance of separation required by Findings A, B and C shall be made using a straight line, without regard to intervening structures or objects, from the property line of the lot on which the Adult Oriented Business shall be located to the nearest property line of the lot upon which is located a residen- tial use, religious institution, park or school from which the measurement is being taken is located on the same lot as the Adult oriented Business, the distance between the two shall be measured in a straight line between the front doors of each use without regard to intervening structures or objects. FS2\261\014094-00 M093623.7 u03/22195 -1 2- Ord. No. 1507 EXHIBIT A B. The Adult Oriented Business shall not be loca- ted within five hundred (500) feet of any residential zone. ) C. The Adult Oriented Business shall not be located within five hundred (500) feet of any lot upon which there is properly located a, public park or school or within five hundred ' (500) feet of any lot used by a religious institution for religious activities at :Least four (4) times per week.' D. The Adult Oriented Business shall not be. 'Loca- ted on any property fronting upon an arterial or secondary highway as defined in the General Plan of the City of Palm Springs. For the purpose of this chapter, a property fronts on such a road if the property and any portion of the right-of-way for the road have a contig- uous boundary. E. The Adult Oriented Business shall not be located on property adjacent to another Adult Oriented Business. For the purpose of this section, ''adjacent property" shall mean property with a common boundary, excluding intervening easements and rights-of--way, whether such rights-of-way are held by the City in fee or otherwise. By way of example, an Adult Oriented Business shall not. be permitted to operate at a location across the street from another Adult oriented Business if, but for the existence of the street, the ' property -.Lines of the businesses would be contiguous. F. The parking requirements for Adult Oriented Businesses shall be as follows: Bookstores and retail establishments: 1 parking space/300 sq. ft. of gross floor area Theaters: 1 parking space/3 seats, if seats are fixed, or 1 parking space/24 sq. ft. of gross floor area Cabarets: 1. parking space/3 seats, if seats are fixed, or. 1 parking spacef'35 sq. ft. of gross floor area Motion picture arcade: 1 parking space/ Individual Viewing Area plus 1 parking space/employee Motel/hotel: 1 parking space/guest room for first 50 rooms; .75 parking space/guest room thereafter G. The Adult Oriented Business shall not be located completely or partially within any mobile structure or pushcart. A. The Adult Oriented Business shall not stage any Special Events, promotions, festivals, ' concerts or similar events which would increase the demand for parking beyond the approved number of spaces for the particular use. PS2k261k014084-0006%2093623.7 .03/22/95 -13- Ord. No. 1507 EXHIBIT A I. The Adult Oriented Business shall not conduct any massage, tattooing, acupressure, or on the premises or escort services from the premesis. J. The Adult Oriented Business shall provide a security system that visually records and monitors all parking lot areas. All indoor ' areas of the Adult Oriented Business which are accessable to the public shall be open to public view at all times with the exception of restroom facilities. "Accessible to the public" shall include but not be limited to those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization. K. The Adult Oriented Business complies with the City's sign regulations. L. The Adult Oriented Business complies with the development and design requirements of the zone in which it is to be located. M. The Adult Oriented Business shall not display any Sexually Oriented Material or Sexually Oriented Merchandise which would be visible from any location other than from within the Adult Oriented Business. N. The Adult Oriented Business shall not allow admittance to any person under the age of 18 if no liquor is served, or under the age of ' 21 if liquor is served. O. With the exclusion of Adult Oriented Hotels, the Adult Oriented Business shall not operate between the hours of 1: 00 a.m, and 9 : 00 a.m. P. Neither the applicant, if an individual, nor any of the officers or general partners, if a corporation or partnership, of the Adult Oriented Business have been found guilty within the past two (2) years of a misdemeanor or felony classified by the State as a sex- related offense and have not violated any of the provisions of an Adult Oriented Business Permit or similar permit or license in any city, county, territory, or state. Q. The Adult Oriented Business shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from Sexually Oriented Materials and Sexually Oriented Merchandise. Only one person shall be allowed in the restroom at any time, unless otherwise required by law, in which case the Adult Oriented business shall employ a rest- room attendant of the same sex as the restroom users who shall be present in the restroom during operating hours. The attendant shall prevent any person(s) from engaging in any Specified Sexual Activities within the rest- room and shall ensure that no person of the PS2\261\0140.84-0005\2093623.7 .03/22/95 -1 4- Ord. No. 1507 EXHIBIT A opposite sex is permitted in the: restroom. R. The interior of the Adult Oriented Business shall be configured such that there is an unobstructed view of every public area of the premises, including but not limited to the interior of all Individual Viewing Areas, from a perminant security station physically ' demarked in the establishement, which is no larger than 32 isquare feet of floor area with no single dimension being greater than 8 feet in a public portion of the establishment. No public area, including but not limited to the interior of any Individual Viewing Area, shall be obscured by any door, curtain, wall, two way mirror or other device which would prohibit a person from seeing into the interior of the Individual. Viewing Area from the manager's .station. A secerity officer shall be stationed in the security station at all times the business is in operation or open to the public :in order to enforce all rules and regulations. No Individual. Viewing Area shall be designed or operated to permit occupancy of more than one person at a time. °Individual Viewing Area" shall mean any area designed for occupancy of one person for the purpose of viewing live performances, pic- tures, movies, videos or other presentations. S. All areas of the Adult Oriented Business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly , distributed at ground level: Bookstores. . . . . . . . . . . . . . .20 foot.-candles Retail Establishments. . . . " Theater. . . . . . . . . . . . . . . . . .5 foot candles except during performances, at which times the lighting shall be at least: 1.25 foot candles Cabaret. . . . . . . . . . . . . . . . . " Motion Picture Arcade. . . . 10 foot-candles in public areas Individual viewing booths. 1.25 foot-candles Motion picture theater. . . .10 foct-candles except during performances at which times the lighting shall be at least 1.25 hoot candles Motel/;Hotel. . . . . . . . . . . . . . .20 foet-candles in public areas T. The Individual Viewing Areas of the Adult Oriented Business shall be operated and main- tained with no holes, openings or other means of direct visual or physical access between thy_ interior space of two or more Indiviidual Viewing Areas. U. A traffic study has been prepared for the Adult Oriented Business in conformance with ' industry standards. The applicant shall demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated in the general plan for that roadway. YS2\261\014094-0006\2093623.7 a03/22/95 -1 5- Ord. No. 1507 EXHIBIT A V. The Adult oriented Business shall comply with the Noise Element, of the General Plan, Inter- ior and Exterior Noise Standards and any mitigation measures necessary to reduce the p.roject's noise impacts to the City's articu- lated noise standard. ' W. The Adult Oriented Business shall comply with all building and construction standards of the Uniform Building Code, Chapter 24 hereof, Title 24 of the California Code of Regula- tions, and all other federal, state and City- adopted standards for the specific use. X. Whenever live entertainment is provided, patrons shall be physically separated from Performers by a buffer zone of at least six (6) feet. "Live Entertainment, " for the purposes of this requirement, shall mean any existent display by a human being which is characterized by an emphasis on Specified Anatomical Parts or. Specified Sexual Activi- ties. This provision shall not apply to an Individual Viewing Area where the stage is completely separated from the Individual Viewing Area by a floor to ceiling permanent, solid barrier. Y. No building, premises, structure, or other facility shall be permitted to contain more than one type of Adult Oriented Business as such types of Adult Oriented Business are ' defined in Section 5 . 77 . 010 . For the purposes of this section, the catch-all phrase "Adult Oriented Business" shall not be considered a single type of Adult Oriented Business. Z. No Individual Viewing Area may be occupied by more than one (1) person at any one time. AA. No patron shall directly or indirectly pay or give any gratuity to any Performer and no Performer shall solicit or accept any gratuity from any patron. The City Director of Planning and Building shall deny the requested permit if the above findings have not been made. Sec. 5. 77 . 030 Permit Duration. An .Adult Oriented Business Permit shall be valid for a period of one (1) year from the date of issuance. Sec. 5.77 . 035 Permit Renewal. An Adult Oriented Business Permit shall be renewed on a year to year basis provided that the permittee and the Adult Oriented Business continues to meet the requirements set forth in this Chapter. A request for Permit renewal must be accompanied by a completed Adult Oriented Business Permit appli- PS2\261\014064-0006\2093623.7 W3122l95 Ord . No. 1507 ' EXHIBIT A cation. If said application conforms to the pre- viously approved application and the Adult oriented Business has not c[ianged, the permit shall be renewed by the Director of Planning and Building for another year. Any change or alteration in that nature or operation of the Adult Oriented Business will require the renewal to be reviewed by the Director of Planning and Building. The renewal. fee , for an Adult Oriented Business Permit shall be established by ordinance or resolution of the City Council. Sec. 5. 77 . 040 Permits Non-Transferable; Use Specific. No Adult Oriented Business Permit may be sold, transferred, or assigned by any pe:rmittee or by operation of law, to any other person, group, partnership, corporation or any Other entity. Any such sale, transfer, or assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the Permit: and the Permit shall be thereafter null and void. An Adult Oriented Business Permit held by a corpora- tion or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the Adult Oriented Business from one element of an Adult Oriented Business to another element of an Adult Oriented Business shall also render the Permit null and void. An Adult Oriented Business Permit shall only be valid for the exact location specified on the Permit. Sec. 5. 77 . 045 Enforcement and Revocation. , A. Inspections. The Permi.ttee shall permit officers of the City of Palm Springs, the county of Riverside, and each of their authorized representatives to conduct unscheduled inspections of the premises of the Adult Oriented Business for the purpose of ensuring compliance with 'the :law at any time the Adult Oriented Business is open for business or occupied. B. Revocation clrounds. The Director of Planning and Building may revoke an Adult Oriented Business Permit when he or she dis- covers that any of the following have occurred: (1) Any of the findings contained in Section 5. 77 . 025 above ceases to be satisfied; (2) The application contains incorrect, false or misleading information; (3) The applicant is convicted of any felony ' or misdemeanor which is classified as a sex or sex related offense, any violation of. the City's Zoning Ordinance, any vio- lation of the City's massage ordinance, or any violation of any other adult P82\261\014084-0006\2093623.7 a03/22/95 -1 7- Or'd. No. 1507 EXHIBIT A business ordinance of any other city, county, or state; (4) Individual Viewing Areas are being operated with more than one occupant at any one time, or are being maintained with holes, openings or other means of ' direct visual access between the interior space of two or more Individual Viewing Areas. For the purpose of this section, "Individual Viewing Area" shall mean a viewing area designed for single occu- pancy; (5) Any person has been convicted of a sex related offense as a result of his or her activity on the premises of the Adult oriented Business; or (6) Any person or persons has engaged in any Specified Sexual Activities on the premi- ses. C. Revocation Notice. Upon determining that the grounds for permit revo- cation exist, the Director of Planning and Building shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee may appeal the decision within fifteen (15) calendar ' days of the posting or the post-marked date on the notice. The notice shall be delivered both by posting the notice at the location of the Adult Oriented Business and by sending the same, certi- fied mail, return receipt .requested and postage pre-paid, to the permittee as that name and address appears on the permit. Not later than fifteen (15) calendar days after the latter of the mailing or posting of the notice, the permittee may file an appeal of the Director of Planning and Building's determination with the City Clerk. If the appeal is filed within fifteen (15) calendar days of the mailing or posting of the notice referenced above, the appeal hearing shall be provided as contained in Subsection D below. D. Appeal. Any person aggrieved by a decision of the Director of Planning and Building under this Chapter may file an appeal in the manner provided in Chapter 2 . 05 of the Palm Springs Municipal Code, and the appeal shall be noticed, heard, and decided as provided therein. E. Reapplication after Revocation. No person, corporation, partnership or member thereof or any other entity may obtain an Adult Oriented Business Permit for a business once its Permit has been revoked. F52\261\014094-000612093623.7 .03/22/95 _18- Ord. No. 1507 EXHIBIT A Sec. 5.77 . 050 Violation and Penalty. (1.) Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee employer or operator, or whether acting as a participant or worker in any way, , who operates or conducts or who participates in the operation of an unpermitted Adult Oriented Business, or who violates any provi- sions of this Chapter, including but not limited to any provision of Section 5. 77. 025, shall be guilty of a misdemeanor and shall be fined not more than One Thousand Dollars ($1, 000. 00) for each offense or :imprisoned for not more than six (6) months in the county jai], or each offense, or both. Each day, the violation continues shall be regarded as a separate offense for which the full penalty may be imposed. (2) Any establishment operated, conducted or main- tained contrary to the provisions of this Chapter is unlawful and a public nuisance,, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action here- under, commence an action or actions, proceed- ing or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as , will abate or remove such Adult Oriented Business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this Chapter. Sec. 5 .77 . 055 Sex Clubs Prohibited. Sex Clubs, as defined in Section 5 .77 . 010, are hereby prohibited. Section 3 : Subsection H 1 of Section 9402 . 00 of the City of Palm Springs Zoning Ordinance :is hereby repealed and of no further force or effect. Section 4 : Should any section, subsection, clause, or provi- sion of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared :'invalid or unconstitutional. ' Section 5 : Sections 9100. 10, subsection A. 9, 9214 . 01, subsection D. 2 , 9215. 01, subsection D. l, 9216. 01, subsection D. 1, 9217 . 01, subsection D. 1, and 9202 . 00, subsection H. 1 are hereby repealed and of no further force or effect. FS2\261\014094-0006\2093623.7 a03122l95 -1 9- Ord. No. 1507' EXHIBIT A Section 6: Section 9215. 01, subsection A of the zoning ordinance of the City of Palm Springs is hereby amended by adding "Adult Oriented Ausiness" to the list of permitted uses contained therein. Section 7 : Section 92 . 16. 01 of the zoning ordinance of the City of Palm Springs is hereby amended by adding a new subsection ' A. 7 thereto which shall read in its entirety as follows: .7. ADULT ORIENTED BUSINESS Section 8: Section 9217 . 01 of the zoning ordinance of the City of Palm Springs is hereby amended by adding a new subsection A. 10 to read .in its entirety as follows: . 10. ADULT ORIENTED BUSINESS Section 9 : Section 9217-1. 01 of the zoning ordinance of the City of Palm Springs is hereby amended by adding a new subsection A. 5 to read in its entirety as follows: . 5. ADULT ORIENTED BUSINESS Section 10: This ordinance is an urgency ordinance pursuant to Government Code Section 65858 and shall take effect immediately upon its adoption and shall be of no further force and effect forty-five (45) days from the date of its adoption unless extended pursuant to Government Code Section 65858 . The City Council declares that there is a current and immediate threat to the public health, safety or welfare and the establishment of Adult Oriented Businesses :in the absence of appropriate regulations to reduce, to the greatest extent possible, the secondary effects associated with Adult Oriented Businesses constitutes that threat to the public health, safety or welfare as referenced in the recitals above. ADOPTED THIS 15th day of March, 1995. AYES: Members Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov NOES: Member Hodges ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk Mayor AS2\261\014084-0006\2093623.7 .03122/95 -2 0-