Chapter 19.128 — ADULT-ORIENTED COMMERCIAL ACTIVITIES

The purpose of this chapter is to establish application procedures and regulations concerning location of adult-related commercial activities, as defined herein. These regulations are intended to guide future adult-related commercial activities and ensure a healthy, functional environment for existing and future residents within proposed developments and between adjoining parcels. This chapter is adopted based on the following findings:

The Council finds that certain uses of real property, specifically adult bookstores, adult motion picture theaters, adult cabarets, public dancehalls, and massage parlors, have serious objectionable characteristics, particularly when several of such uses are located in close proximity to each other; that such concentration tends to create a "skid row" atmosphere and has a detrimental effect upon the adjacent area; that regulation of the locations of these uses is necessary to ensure that such adverse effects will not contribute to the blight or downgrading of neighborhoods or deter or interfere with the operation and development of hotels, motels, and lodginghouses, and other businesses which are needed and desirable in the City; and that the regulations hereinafter set forth in this chapter are reasonably necessary and will tend to prevent the clustering of such establishments.

The Council further finds that, although the control of the concentration or clustering of the above uses in any one area will tend to prevent the creation of "skid row" and be otherwise beneficial to the people of the City, it will not prevent the deleterious effect of blight and devaluation of both business, residential, public and quasi-public property resulting from the establishment of any of the abovespecified uses in a district which is in close proximity to and which serves residentially zoned, general planned or used property, or property which is zoned, general planned or used for public or quasi-public uses (i.e., churches, schools, civic buildings, public or private parks and recreational facilities, etc.); that concern for the orderly planning and development of a neighborhood should be encouraged and fostered in those persons who comprise the business, residential, public and quasi-public segments of that neighborhood, and that the regulations hereinafter set forth in this chapter restricting the location of such uses with reference to public, quasi-public or residentially zoned, general planned or used property are reasonably necessary and will tend to prevent said deleterious effects.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

19.128.020 Application of Regulations.

The provisions of this chapter shall apply to all uses defined in Section 19.128.030 below or other uses which in the opinion of the City Council are of the same general character as the uses listed in that section. No building or structure shall be hereafter erected, structurally altered or enlarged within a zoning district in the City of Cupertino, otherwise than in conformance with the provisions of this chapter. The regulations set forth in this chapter are intended to be in addition 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 Cupertino Municipal Code or Zoning Ordinance which are applicable to the above-mentioned uses or activities, nor be deemed to excuse noncompliance with any such other provisions.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

Notwithstanding anything elsewhere in this code to the contrary, no lot or parcel of any property in any zoning district or any building or structure thereon or any portion thereof, shall be used for an adult bookstore, adult motion picture theater, adult cabaret, public dancehall or massage parlor at a location closer than one thousand feet to any other such use situated within or outside the City or closer than one thousand feet to any hotel, motel or lodginghouse situated within or outside the City, unless a conditional use permit shall have been applied for and issued for such use at such location, pursuant to and in accordance with the provisions of Chapter 19.156.

In addition to the findings required to be made by the City Council in issuing a conditional use permit pursuant to the provisions of Chapter 19.156, the City Council may issue a conditional use permit required by the provisions of this section subject to such conditions as it may impose only if it shall make the following findings. That the proposed use:

Will not be contrary to the public interest or unreasonably injurious to the use of nearby properties;

Will conform to the spirit and intent of this chapter;

Will not enlarge or encourage the development of a "skid row" area;

Will not be contrary to any program of neighborhood conservation;

Will not interfere with any program of urban renewal or redevelopment; and Will be in compliance with all applicable regulations.

(Ord. 2085, § 2 (part), 2011; Ord. 1784, (part), 1998; Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992)

Notwithstanding anything elsewhere in this code to the contrary, no lot or parcel of any property in any zoning district or any building or structure thereon or any portion thereof, shall be used for an adult bookstore, adult motion picture theater, adult cabaret, public dancehall, or massage parlor at a location closer than one thousand feet to any real property zoned, general planned or used for public, quasipublic or residential purposes, whether the parcel of property is situated within or outside the City, unless a conditional use permit shall have been applied for and issued for such use at such location, pursuant to and in accordance with the provisions of Chapter 19.156.

In addition to the findings required to be made by the City Council in issuing a conditional use permit pursuant to the provisions of Chapter 19.156, the City Council may issue a conditional use permit required by the provisions of this section subject to such conditions as it may impose, only if it shall make the following findings. That the proposed use:

Will not be contrary to the public interest or unreasonably injurious to the use of public, quasi-public or residentially zoned property situated within one thousand feet of such proposed use;

Will conform to the spirit and intent of this chapter;

Will not be contrary to any program of neighborhood conservation;

Will not interfere with any program of urban renewal or redevelopment; and Will be in compliance with all applicable regulations.

(Ord. 2085, § 2 (part), 2011; Ord. 1784, (part), 1998; Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992)