Chapter 19.31 — DOWNTOWN SPECIFIC PLAN DOWNTOWN CODE

The purpose of the Downtown Specific Plan Downtown Code is to direct public and private development consistent with the community vision for the Downtown Specific Plan Area. Redevelopment within the older areas of the City of Roseville presents unique development challenges. The Downtown Specific Plan Downtown Code is therefore a comprehensive document for the Downtown Specific Plan Area that provides detailed performance criteria and development standards that are intended to facilitate development while recognizing the area’s unique character. Key elements addressed in the Downtown Specific Plan Downtown Code include:

• A. Permitted and conditionally permitted uses for various zone districts.

• B. Prescriptive development standards including setbacks, height requirements, parking standards, and floor area ratios.

• C. Development guidelines addressing buffers and adjacency issues, landscaping, entry monumentation, and public realm improvements.

• D. Entitlement processes that vary from applications throughout the remainder of the City of Roseville.

• E. Downtown sign regulations.

• F. Details that define the character of the Downtown Specific Plan Area.

• G. Downtown Specific Plan Area incentives.

• H. Parcel specific considerations.

The Downtown Specific Plan Downtown Code is consistent with the City of Roseville’s goals, policies and applicable regulations and is intended to be the primary resource for development review within the Downtown Specific Plan Area.

(Ord. 5428 § 1, 2014)

“Downtown specific plan area” means a 176-acre area encompassing historic old town, Vernon Street, and Royer and Saugstad Parks. This area is further defined in the Downtown Specific Plan. (Ord. 5428 § 1, 2014)

The Downtown Specific Plan Downtown Code as amended by the City Council from time to time is hereby adopted and is incorporated into this chapter by reference as though it were fully set forth herein. A copy of the Downtown Specific Plan Downtown Code is available for use and examination by the public in the City of Roseville’s Planning Division and can be found on the City of Roseville’s website.

(Ord. 5428 § 1, 2014)

In the event of any conflict between the provisions of the Downtown Specific Plan Downtown Code and the provisions of the Roseville Municipal Code, the provisions of the Downtown Specific Plan Downtown Code shall prevail. However, with regard to topics that the Downtown Specific Plan Downtown Code does not address, the provisions of the Roseville Municipal Code shall prevail. (Ord. 5428 § 1, 2014)

A violation of the requirements of the Downtown Specific Plan Downtown Code is punishable as an infraction.

(Ord. 5428 § 1, 2014)

Chapter 19.32. LOCATION AND AMORTIZATION OF ADULT-ORIENTED BUSINESSES

It is the intent of this chapter to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, child or family-oriented business and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adultoriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

(Ord. 5428 § 1, 2014)

• A. As used herein, the terms and phrases shall have the same meaning as defined in this section and in Section 9.11.020 of this Code.

• B. Establishment of an Adult-Oriented Business. As used herein, to “establish” an adultoriented business shall mean and include any of the following:

  1. The opening or commencement of any adult-oriented business as a new business;

  2. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

  3. The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

4. The relocation of any such adult-oriented business.

(Ord. 5428 § 1, 2014)

No adult-oriented business shall be established or located in any zone in the City other than GC, CMU, RC, M1, M2 and MMU, or within certain distances of certain specified land uses or zones as set forth below:

• A. No such business shall be established or located within 100 feet of any other adult-oriented business.

• B. No such business shall be established or located within 500 feet of any existing residential zone or use, park, church, school or child or family-oriented business as defined in Section 9.11.020(E) of this Code.

• C. The distances set forth above shall be measured as a radius from the primary entrance of the adult-oriented business to the property or lease lines of the property so zoned or used without regard to intervening structures.

(Ord. 5428 § 1, 2014)

Any use of real property existing on the effective date of Ordinance 3601, re-enacting this chapter, which does not conform to the provisions of Section 19.32.030 , but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until five years after the effective date of the ordinance codified in this chapter. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the City Council in accordance with the provisions of Section 19.32.050 .

• A. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business for a period of 60 days or more shall result in a loss of legal nonconforming status of such use.

• B. Amortization of Annexed Property. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of Section 19.32.030 shall be terminated within one year of the date of annexation unless an extension of time has been approved by the City Council in accordance with the provisions of Section 19.32.050 .

• (Ord. 5428 § 1, 2014)

The owner or operator of a nonconforming use as described in Section 19.32.040 may apply under the provisions of this section to the City Council for an extension of time within which to terminate the nonconforming use.

• A. Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Section 19.32.040 may be filed by the owner of the real property upon which such use is operated.

• B. Content of Application—Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the City Council.

• C. Hearing Procedure. The City Clerk shall set the matter for hearing within 45 days of receipt of the application. All interested persons shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the City Council shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.8 .

• D. Approval of Extension—Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the City Council makes all of the following findings or such other findings as are required by law.

1. The applicant has made a substantial investment (including, but not limited to, lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of the ordinance re-enacting this chapter;

2. The applicant will be unable to recoup said investment as of the date established for termination of the use; and

3. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 19.32.030 .

(Ord. 5428 § 1, 2014)