Oceanside Zoning Code Art. 36 Separation of Regulated Uses (City-wide)

Sections:

3601 Statement of Purpose 3602 Regulated Uses 3603 Definitions 3604 Locational Requirements 3605 Waiver of Locational Requirements 3606 First Amendment Application – Administrative Regulated Use Permit 3607 Applicability of Other regulations 3608 Severance Clause Appendix A: Findings for Adult Oriented Businesses and Tattoo Establishments

In the development and execution of this ordinance, it is recognized that there are certain land uses including adult oriented businesses and tattoo establishments which create conditions harmful to the public health, welfare, and safety when such uses are allowed to become numerous or concentrated within a limited geographical area, or when such uses exist near residential neighborhoods, family-oriented uses or sites commonly used by minors. Special regulations separating such uses from each other and from nearby residential areas, family-oriented uses, or sites commonly used by minors, are therefore necessary to protect the community from consequent blight, depreciated property values, law enforcement problems, and interference with residential neighborhoods as well as interference with activities oriented toward families or minors.

The uses subject to compliance with this Article are as follows:

• A. Adult Bookstores/ Novelty Stores/ Video Stores

• B. Adult Cabaret

• C. Adult Entertainment Business

• D. Adult Motel

• E. Adult Motion Picture Theaters

• F. Adult Theaters

• G. Arcades and game Centers

• H. Bars and Cocktail Lounges

• I. Bath Houses

• J. Body Piercing Establishments

• K. Dance Establishments

• L. Escort Services

• M. Figure Studios

• N. Liquor Stores

• O. Massage Establishments

• P. Cannabis Facility

• Q. Payday Loans/ Paycheck Advance Establishments

• R. Peep-Show Establishments

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• S. Pool Rooms, Billiard Rooms, and Shooting Galleries

• T. Tattooing Establishments

• U. Tobacco and Drug Paraphernalia Establishments

Regulated Uses that have First Amendment protections shall require an Administrative Regulated Use Permit (ARUP) as called out in Section 3606. The balance of the Regulated Uses listed in this Section, shall require a use permit issued in accord with Article 41, however, the City Council shall have final authority to approve or disapprove the use permit.

The definitions appearing in Article 3 and the land use classifications appearing in Article 4 and 4a of this ordinance shall apply to any terms used in Article 36. The term “cannabis facility” shall have the same meaning in Oceanside City Code section 7.116 and shall include a cannabis cultivation facility, a cannabis nursery, a cannabis manufacturer and/or distributor, a cannabis delivery service (Type 9 Non-storefront retailer), a cannabis storefront retailer (Type 10), but shall not include the term cannabis testing laboratory.

• A. It shall be unlawful for any Regulated Use to be located closer than one thousand (1,000) feet to any other Regulated Use, except as noted herein. This distance shall be measured in a straight line, without regard to intervening structures from the closest point on the exterior structure walls of each business.

The separation requirement in this section 3604(A) shall not be applied to prevent a cannabis manufacturer from engaging in cannabis distribution at the same premises provided a state license and Local License is issued to allow both activities from the same premises or to require separation between cannabis cultivation facilities, cannabis nurseries, or cannabis cultivation facilities and cannabis nurseries located on the same or separate lots.

• B. It shall be unlawful for any Regulated Use listed as Items A, B, C, D, E, F, M, P or R of Section 3602 to be located closer than one thousand (1,000) feet from any residential district or any parcel of land which contains any one or more of the following specific land uses:

  1. Public or Private School;

  2. Park, playground or public beach;

  3. Church or other similar religious facility, and

  4. Child care or pre-school facility.

(Items 1-4 shall collectively be referred to as “the Sensitive Land Uses”)

It shall be unlawful for any Regulated Use not enumerated in this Section B to be located any closer than five hundred (500) feet from any residential district or any Sensitive Land Uses.

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• C. The Regulated Use enumerated as T (Tattooing Establishment) in Section 3602 above, shall not be located closer than five hundred (500) feet to any other tattooing establishment, or be located within five hundred (500) feet of any residential district or to any of the Sensitive Land Uses enumerated in Section 3604.B. 1, 2, or 4, unless an intervening freeway exists, in which case a Tattooing Establishment may be located within five hundred (500) feet of such residential district. An intervening freeway only applies to Interstate 5 (I-5) and State Routes 76 (SR-76) and 78 (SR-78). No other locational requirements shall apply to tattooing establishments.

• D. Cannabis storefront retailers must be located at least 1,000 feet from a middle school (grades 6-8 exclusive) or high school (grades 9-12 exclusive), and at least 550 feet from all other schools, as defined by Article 4 of this ordinance.

• E. Notwithstanding subsection 3604(F), the distance between any Regulated Use and any residential district shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior structure wall of the use to the closest district line of any residential district. The distance between any Regulated Use and any Sensitive Land Uses enumerated in Subdivisions (1) or (2) of Section 3604.B shall be measured in a straight line, without regard to intervening structures, from the closest point of the exterior structure wall of the regulated use to the closest point of the parcel line of such enumerated land use. The distance between any Regulated Use and any Sensitive Land Uses enumerated in Subdivisions (3) or (4) of Section 3604.B shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior structure wall of the Regulated Use to the closest point on the exterior structure wall of such enumerated land use.

• F. The measurement of distance between a proposed cannabis storefront retail location and any public and private schools shall be determined by measuring the shortest distance along a legal path (including public walkways, sidewalks, roads and streets) from the main entrance of the proposed site to the nearest boundary of the school site. Geographical features that could act as obstacles, including trails and rivers and manmade barriers like fences, walls, or private roads that impede access and/or movement shall not be utilized when determining the direct path of travel distance. The City may require the distance measurement to be confirmed by a licensed land surveyor.

Any person proposing a permitted Regulated Use as listed in Section 3602 may apply for a waiver of the locational requirements provided in Section 3604, except that no waiver shall be available for the separations required by Section 3604(D) or where the proposed Regulated Use is subject to Section 3606 or is otherwise afforded First Amendment Protections. Such waiver application shall be filed and processed concurrently with the conditional use permit entitlement request, if applicable, for the proposed use. The City Planner shall set the use permit application, and/or the waiver application, for public hearing before the Planning Commission or Community Development Commission as the case may be, provided that at least ten (10) days written notice of such hearing is given to owners and

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occupants of all property lying within all applicable distances set forth in the locational requirements.

The Planning Commission shall make recommendations to the City Council for the approval or disapproval of such waiver. No waiver shall be approved unless all of the following findings are made regarding the proposed use:

1. It will not be contrary to the public interest.

2. It will not be contrary to the spirit or intent of this Article.

3. It will not impair nearby property or the integrity of the underlying district.

4. It will not encourage the development of an adult entertainment area or otherwise promote community blight.

5. It will not negatively impact any governmental programs of redevelopment, revitalization, or neighborhood preservation.

• A. Approval of a Regulated Use protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution shall require approval of an Administrative Regulated Use Permit (ARUP) by the City Planner and shall not require approval of a Conditional Use Permit (CUP). The ARUP shall be approved by the City Planner provided:

  1. The proposed use is allowed by Articles 11, 12 and/or 13 of the Zoning Ordinance;

  2. The proposed use meets the locational requirements in Section 3604; and

  3. The proposed use meets the operational requirements, if any, set forth for such proposed use in the Oceanside City Code or any other provision of law. No waiver of the locational requirements shall be permitted.

• B. The City Planner shall determine within ten (10) business days whether the ARUP application is complete. The City Planner’s decision to approve or deny the ARUP application shall be made within sixty (60) days after the application is complete. The City Planner’s decision shall be deemed final for purposes of this section upon the date it is mailed by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the applicant and all adjacent property owners within five hundred (500) feet of the proposed Regulated Use, as measured in accordance with Section 3604.D. The final City Planner’s decision shall not be subject to any administrative appeal. Judicial review of the City Planner’s decision shall be in accordance with the procedures set forth in the California Code of Civil Procedure section 1094.8.

The provisions of this article are not intended to provide exclusive regulation of the regulated uses. Such uses must comply with any and all applicable regulations imposed in other articles of this zoning ordinance, other city ordinances, and state and federal law.

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If any section, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, or phrases of this ordinance, or the ordinance in its entirety, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of such section, sentence, clause or phrase.

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