SAN CLEMENTE : Law Tightly Regulates New Adult Businesses

Topless bars, X-rated movie theaters and other “adult-oriented” businesses will be allowed in some parts of the community but will be tightly regulated under an ordinance approved last week by the City Council.

The measure, approved with little fanfare after a year’s worth of work, allows adult businesses to operate in the Los Molinos industrial area, Rancho San Clemente Business Park and a proposed business park in the Talega community plan.

The ordinance, however, prohibits adult businesses from opening within 1,000 feet of any area zoned for a church or synagogue, public park, school or residential neighborhood.

With the 1,000-foot limit, only sections of the Rancho San Clemente and Talega business parks would technically be open to adult businesses, city officials said.

City Manager Michael W. Parness said the ordinance is similar to one drafted for the city of Irvine and is based on laws used successfully in other cities.

“We think this is a strong ordinance, and we think it is not subject to (legal) challenge,” Parness said.

While adult businesses are protected by the First Amendment, cities can regulate such businesses to prevent crime, blight and drops in property values, officials said.

Earlier this month, the City Council approved an emergency measure preventing the opening of any new adult-oriented business until the city’s ordinance could be revised.

The city’s previous measure, which required a conditional-use permit before opening an adult business, was similar to one in Anaheim that was struck down by state and federal courts as unconstitutional.

The courts ruled that the reasons provided by the cities for turning down the conditional use permits were too vague.

City officials said the new ordinance will not affect an existing adult motel on the south end of the city, the only adult business in San Clemente.