HomeMy WebLinkAboutRES 4069CITY OF RENTON, WASHINGTON
RESOLUTION NO. 4069
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING A
MORATORIUM ON THE ACCEPTING OF APPLICATIONS FOR ADULT
ENTERTAINMENT BUSINESSES AND TAVERNS, AS DEFINED IN CITY CODE,
WITHIN SPECIFIC GEOGRAPHICAL AREAS, EXPANDING THE GEOGRAPHICAL
AREA, AND ESTABLISHING A TERMINATION DATE FOR THE MORATORIUM.
WHEREAS, the City of Renton presently has an ordinance regulating adult motion
picture theaters, nude dancing establishments, and similar adult uses, as defined in Chapter 5-
12 RMC; and
WHEREAS, this current adult motion picture theater ordinance is over 25 years old and
has not been recently studied or reviewed since then, and the nude dancing establishment
ordinance is over 16 years old; and
WHEREAS, the valley area locations where an adult entertainment business may locate
have substantially changed in those 16 years; and
WHEREAS, a new adult entertainment business venue has opened within the City of
Renton; and
WHEREAS, the opening of such business may result in negative secondary effects ofthe
business or similar businesses; and
WHEREAS, given the passage of time, it is in the best interest of the City to study the
area and evaluate the impacts, if any, and to assess whether any changes or measured
appropriate action is necessary; and
WHEREAS, this moratorium resolution is prospective in its application; and
RESOLUTION NO. 4069
WHEREAS, the City of Renton does not intend, by this resolution, to impermissibly
impact any party's free speech or expression rights; and
WHEREAS, the purpose of this resolution is to provide, after appropriate study, a
reasonable area to accommodate protected expression and to make any geographical
restriction of free speech rights a reasonable time, place and manner restriction, and to that
end urges any court reviewing this resolution to interpret it in such a manner as to give it such
a constitutional interpretation; and
WHEREAS, the City of Renton wishes to have adequate time to re-evaluate existing
conditions to determine whether or not there is a substantial governmental interest in
modifying the existing land use regulations and to determine whether or not any negative
secondary effects that the City may determine, by such re-evaluation, are reasonably related to
these land uses and whether or not reasonable regulations imposed upon such land uses
would mitigate any negative secondary effects of such land use; and
WHEREAS, during the initial moratorium City staff have made substantial progress
surveying case law and other studies; and
WHEREAS, the City of Renton does not intend to adopt any additional requirements or
changes to regulating adult entertainment businesses until it has established the existence of
negative secondary effects relating to such land uses; and
WHEREAS, the City of Renton wishes to establish by this study the least restrictive
means available by which the City map regulates this type of use; and
WHEREAS, City staff need additional time to complete their analysis of secondary
effects related to these land uses; and
RESOLUTION NO. 4069
WHEREAS, during the period ofthe preceding moratoria there have been no license or
permit applications for businesses which would be affected by this moratorium;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. There is hereby declared a moratorium on the acceptance of applications
for any business license or other permit for an adult entertainment venue:
A. Within one thousand (1,000) feet of any established adult motion picture
theater, peep show, panoram, adult retail use or place of adult entertainment.
B. Located on a parcel that shares the same street frontage of any established
adult motion picture theater, peep show, panoram, adult retail use or place of adult
entertainment.
1. Parcels located along or taking primary access from the same street
without a bisecting primary arterial street shall be considered to share the same street
frontage.
2. Parcels located within five hundred linear feet (500') of a street
intersection shall be considered to have street frontage along both intersecting streets.
C. Between SW 43rd and SW 41st Streets.
D. North of SW 16th Street.
E. South of 1-405, west of Oaksdale Avenue S.W. and north of the Wetlands
Mitigation Bank at the south end ofthe Boeing Longacres property.
RESOLUTION NO. 4069
SECTION III. There is hereby declared a moratorium on the acceptance of applications
for any business license or other permit for a tavern within one thousand (1,000) feet of any
established adult motion picture theater, peep show, panoram, adult retail use or place of
adult entertainment.
SECTION IV. This moratorium shall be in place for a period of six (6) months, which
moratorium may be extended or renewed for one or more six (6) month period(s), but only if a
subsequent public hearing is held and findings of fact are made prior to each renewal.
SECTION V. During this six (6) month moratorium, the City Attorney Department and
the planning staff of the City are requested to survey existing evidence to determine what
negative secondary effects may be associated with this type of land use, ways to mitigate
negative secondary effects of such land use in the least restrictive manner, and to provide
alternative, available geographical areas within the City to provide a reasonable means to
accommodate access to protected expression such that any regulation ultimately adopted is a
reasonable time, place and manner restriction. The City Attorney Department and City
planning staff are to make recommendations to the City Council, or subcommittee thereof, on
regulations which could be adopted to satisfy these goals.
PASSED BY THE CITY COUNCIL this llth day of October 2010.
Bonnie I. Walton, City Clerk
RESOLUTION NO. 4069
APPROVED BY THE MAYOR this llth day of October 2010.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Publication Date: 10/15/2010 (summary)
RES:1482:9/21/10:scr