HomeMy WebLinkAbout09/07/2010 06 Adult Business Dance Studio Zoning Appeal - Public Hearing S BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: September 7, 2010
ITEM TITLE: Closed- Record Public Hearing to Consider Appeal of Hearing Examiner Decision
to deny request to site an Adult Business Dance Studio in the GC Zoning District.
SUBMITTED BY: Michael A. Morales, Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: Vaughn McBride, Associate Planner (576 -6315)
SUMMARY EXPLANATION:
Jamie Muffett has filed an appeal of the Hearing Examiner's Decision to deny an application to
establish an Adult Business Dance Studio in the General Commercial zoning district at 2308 S.
1 Street.
The City of Yakima Hearing Examiner, following an open record public hearing review
conducted on May 28, 2010, issued a decision on July 6, 2010 upholding the Planning
• Division's recommendation for denial of an application by Jamie Muffett to establish an Adult
Business Dance Studio in the General Commercial (GC) zoning district at 2308 South 1 Street
"due to its lack of the requisite compatibility with the district and environment surrounding the
proposed location ". The appeal period ended July 22, 2010. The applicant filed an appeal of
the Hearing Examiner's Decision on July 22, 2010.
The full record is provided to the Council members on CD. Please review prior to appeal
hearing.
Resolution _ Ordinance_ Contract _ Other
Funding Source
APPROVAL FOR SUBMITTAL: .k.,
City Manager
STAFF RECOMMENDATION:
BOARD RECOMMENDATION: Hearing Examiner denied application, July 6, 2010
COUNCIL ACTION:
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• PRIVILEGED AND CONFIDENIJAL: COVERED BY THE ATTORNEY-CLIENT
ATTORNEY WORK PRODUCT PRIVILEGES
MEMORANDUM
TO: Honorable Mayor Cawley and City Council Members
FROM: Jeff Cutter, City Attorney
DATE: September 2, 2010
SUBJ: Jamie Muffett Appeal re Adult Dance Studio Application
As a result of the recent City of Yakima Hearing Examiner's decision denying a
land use application seeking permission for an adult dance studio to be located
in the vicinity of south First St, the applicant for the proposed use has filed an
appeal of the decision with the City. As provided in the Yakima Municipal Code,
an appeal of a Hearing Examiner's decision is heard by the Yakima City Council
during a closed record public hearing. This Memorandum is offered to provide
the Council Members with a reminder of some general information and guidance
to assist them during the conduct of the closed record public hearing addressing
the appeal.
Closed Record Public Hearing: During a closed record public hearing 'City
Council Members have the opportunity to review the entire record of
proceedings, testimony and documentation that was assembled during the
Hearing Examiner's consideration of the proposal at issue. In addition to
reviewing the existing record the City Council will also have the opportunity to
hear testimony from individuals that choose to speak during the closed record
hearing. The important limiting factor, with respect to testimony and /or
documentation that individuals may attempt to present during the closed record
hearing before the Council, is that no new evidence may be submitted during a
closed record hearing, nor may any new evidence be considered by Council -
during the closed record hearing that was not already made a part of the record
during the previous open record public hearing. The closed record public hearing
is specifically limited, by the rules of appellate procedure, to the record that was
created during the open record hearing conducted by the Hearing Examiner. As
tempting as it might be to further develop the existing' record during a closed
record appeal hearing, Council Members must be very .careful not to allow
testimony or documentary information to be submitted or ultimately considered if
it has not already been made a part of the record during the open record hearing.
To do so allows the offering party an opportunity to essentially present further
material or testimony that the opposing party would not have a fair opportunity to
respond to. Beyond the fairness issue, and more important to .the outcome of
the hearing, the failure to strictly limit the closed record hearing solely to the facts
previously presented during the open record hearing violates the rules of the
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the rules of the appeal process and puts the outcome of the appeal in jeopardy
of reversal.
In Tight of the fact that this appeal may be attended by a large number of citizens
it may be an appropriate consideration of the Mayor to suggest that if a number
of folks have already testified on the matter during the open record hearing, that
perhaps if they desire to reiterate any of that testimony perhaps they could
choose a "spokesperson" to provide the testimony on their behalf, to avoid
numerous iterations of the same information that is already of record.
Council As Quasi - Judicial Decision Makers: The Council's role, during this
closed record public hearing, will be that of a quasi - judicial panel acting as
"judges" who will ultimately render a decision resolving the issue(s) being
appealed. This important role carries with it certain specific qualifications and
requirements that most of you have been exposed to previously, but that bears
repeating. This Memorandum is offered to provide you with some guidance for
your consideration as you prepare to hear the appeal during this quasi- judicial
process.
When acting in a quasi- judicial role, Council Members' ability to speak directly
with parties to the issue under consideration, or with persons who may wish to
testify in the proceeding, prior to the actual hearing is restricted and conditioned
by state statute (RCW 42.36.060). According to the statute, during the pendency
of any quasi - judicial proceeding no council member should engage in any ex
parte communications (communications outside of the actual hearing of the
appeal matter) with opponents or proponents of the issue subject to appeal
unless the council member having such conversation:
(a) Places on the record, during the hearing, the substance of any written or oral
ex parte communications concerning the decision making process or issue
before the Council; and
(b) Provides that a public announcement of the content of the communication
and of the parties' right to rebut the substance of the communication shall be
made at each hearing where action Is considered or taken on the subject to
which the communication related. This prohibition does not preclude a Council
member from seeking specific information or data from anyone speaking at or
party to the public hearing so long as the entire dialog is made on and is part of
the record created during the hearing. The prohibition does not preclude
correspondence between a citizen / party and his or her elected official if any
such correspondence is made a part of the record when it pertains to the subject
matter of the quasi - judicial proceeding.
The purpose of this Memorandum Is to alert you to the nature of quasi judicial
hearings, of your roll in the appeal hearing process, and of the requirement that
all ex parte communication on any issues concerning the appeal hearing with any
parties or participants of the appeal be avoided whenever possible, and that if
any such conversation has occurred or does occur, that full disclosure of any
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• such ex parte communication be made on the record prior to the initiation of the
hearing, or as soon as a Council Member becomes aware that someone he or
she spoke with outside of the actual hearing about an issue regarding the appeal
is involved in the appeal process.
At the conclusion of the appeal hearing, the Council will have the opportunity to:.
1. affirm and adopt the hearing examiner's decision; or
2. remand the issue back to the hearing examiner with instructions; or
3. modify . the hearing examiner's decision with written findings and
conclusions; or
4. reverse the hearing examiner's decision with written findings and
conclusions.
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' BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1 Item No.
For Meeting of: September 7, 2010
1 ITEM TITLE: Closed- Record Public Hearing to Consider Appeal of Hearing Examiner Decision
to deny request to site an Adult Business Dance Studio in the GC Zoning District.
' SUBMITTED BY: Michael A. Morales
Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: Vaughn McBride
Associate Planner
(576 -6315)
SUMMARY EXPLANATION:
Jamie Muffett has filed an appeal of the Hearing Examiner's Decision to deny an application to
establish an Adult Business Dance Studio in the General Commercial zoning district at 2308 S.
1 Street.
' The City of Yakima Hearing Examiner, following an open record public hearing review
conducted on May 28, 2010, issued a decision on July 6, 2010 upholding the Planning
1 Division's recommendation for denial of an application by Jamie Muffett to establish an Adult
Business Dance Studio in the General Commercial (GC) zoning district at 2308 South 1 Street
"due to its lack of the requisite compatibility with the district and environment surrounding the
' proposed location ". The appeal period ended July 22, 2010. The applicant filed an appeal of
the Hearing Examiner's Decision on July 22, 2010.
The full record is provided to Council members on CD. Please review complete record
' prior to meeting.
1 Resolution _ Ordinance_ Contract _ Other
Funding Source
1 APPROVAL FOR SUBMITTAL:
City Manager
1
STAFF RECOMMENDATION:
1 BOARD RECOMMENDATION: Hearing Examiner denied application, July 6, 2010
COUNCIL ACTION:
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City of Yakima Washington
tY �
Department of Community & Economic Development
' Fact Sheet Regarding Application
Appeal of Hearing Examiner Decision to deny a
' Type (2) zoning review application by Jamie Muffett to ) Appeal #002 -10
Establish an Adult Business in the General Commercial ) Vaughn McBride
Zoning district ) Associate Planner
• ) (509) 576 -6315
APPEAL
1 This application is an appeal of the Hearing Examiner's Decision to deny the Class 21and
use review for an Adult Business Dance Studio at 2308 S. 1s Street. The appeal was filed
by the applicant, Jamie Muffett on July 22, 2010.
SUMMARY OF LAND USE APPLICATION
Establish an Adult Business in the GC, General Commercial zoning district located at
' 2308 South 1 Street, Yakima. (Assessor's Parcel No. 191332 - 32433). The subject
parcel is zoned GC, General Commercial.
PUBLIC NOTICE — UPDATE
The application was received on March 18, 2010. A Determination of Completeness was
' issued on April 9, 2010. Due to the inordinate number of written comments received
expressing concern over this application a Notice of Application & Public Hearing was
sent to the applicant and adjoining property owners within 500 feet of the subject
r property on May 6, 2010 requesting comments on this proposal. The comment period
ended on May 26, 2010. A public hearing date was held for Friday, May 28, 2010,
9:O0am in Council Chambers.
The Hearing Examiner's decision of denial was on filed July 6, 2010. A formal appeal
' of the Hearing Examiner's decision was received on July 22, 2010. Notice of Appeal of
the Hearing Examiner's Decision was published and sent to the applicant and adjoining
property owners within 500 feet of the subject property on July 28, 2010. Parties of
record wishing to respond to the appeal were allowed to submit written argument(s) to
the City Council within 14 days of the mailing of the examiner's final decision. The
period to respond to the appeal filed ended on August 11, 2010.
' The City Clerk provided written notice .to the applicant ty p pp t and all parties of record, and the
Hearing Examiner to apprise them of the public meeting date before the City Council on
September 7, 2010. On August 17, 2010 a .public meeting of the City Council to
consider the appeal was set for September 7, 2010, 7:OOpm in Council Chambers at
which time the appeal will be considered by the City Council.
' Jamie Mullett
CL2#005 -10
2308 South 1St Street
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RECEIVED
1 .- 4;v ^3 - - - LAND USE APPLICATION
JUL 2 2 201)
CITY OF YAKIMA DEPARTMENT OF COMMUNITY AND E CONOMIC DEV YAKIMA
i 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98902
' ` u .a�"/ PLANNING DIV.
.
— VOICE: (509) 575 -6183 FAX: (509) 575 -6105
I INSTRUCTIONS -• PLEASE READ FIRST Please type or print your answers clearly.
Answer all questions completely. I f you have any questions about.this form or the application process, please ask -a Planner. Remember
• to bring al) necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an
application unless it is complete and the filing fee paid. Filing fees are not refundable.
•
1 This application consists of four parts. PART 1 - GENERAL INFORMATION AND PART IV - CERTIFICATION are on this page.
PART II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application.
PART 1- GENERAL INFORMATION
1. Applicant's Name, Address, ;Name j�
And Phone Number ' �
1 • Street f Opi V t n: -, /17/ Ur c '
City 7, t //F it r ST 0.J/1-; Zip � sy$3 Phone (SGJ) % -71_0 •
2. Applicant's Property Interest• Check I ❑ I i
One i j Owner ❑ Agent ❑ Purchaser ' Other 01-1 —
3. Property Owner's Name, Name I /u _ iTr pE • . l� .__.3
Address, And Phone Number --- ---
-- � --
(If Other Than Applicant) . Street I • _
I City ST Zip I P ( ) hone; .
4. Subject Property's Assessor's Parcel Number(s): / /1332-32q-33
5. Legal Description of Property. (if lengthy; please attach it on a separate document)
6. Property's Existing Zoning:
❑ SR ❑ R -I ❑ R-2 ❑ R-3
- ❑ B -1 ❑ B -2 ❑ HB ❑ SCC ❑ LCC ❑ CBD 2 GC ❑ AS ❑ RD ❑ M -1 ❑ M -2
1 —.
7. Property Address: - - - --
• 8. Type Of Application: (Check All That Apply) •
I ❑ Administrative Adjustment . • ❑ Environmental Checklist SEPA
❑ Easement Release
❑ Type (2) Review ❑ Right -of -Way Vacation ❑ Rezone
❑ Type (3) Review ❑ Transportation Concurrency ❑ Shoreline
❑ Short Plat ❑ Non- Conforming Structure/Use ❑ Critical Areas.
I ❑ Long Plat ❑ Type 3 Modification ❑ Variance
❑ Admin. Modification ❑ Interpretation by Hearing Examiner ❑ Amended.Plat ' •
Appeal • . : ❑ Temporary Use Permit • • . ❑ Binding Site Plan
I • Home Occupation ❑ Comp Plan Amendment ❑ planned Development .
• ❑ Short Plat Exemption: . ❑ Other:
' PART 11 - SUPPLEMENTAL APPLICATION, PART III - REQUIRED ATTACHMENTS, & PART 1V - NARRATIVE
I 9. SEE ATTACHED SHEETS
PART V - CERTIFICATION '
10. 1 certify that the information on this application and the required attachments are true and correct to the best of my knowledge. .
• "' ' SIGNATURE • • DATE ��� '
I FO"
ADMINISTRATIVE USE ONLY, Revised 12 -08
Notes: FILE t
DATE FEE PAID l RECEIVED BY Amount • Receipt No. 1 Hearing Date •
1 !
I • (K
7/ /) - ttidtt I * 505,67D Q -/o --c I
1 Revised DOC. •
. • INDEX
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RECEIVED 1
Supplemental Application for: JUL 2 2 2010 1
APPEAL CITY OF YAKIMA
. Yakima Urban Area Zoning Ordinance Chapter 15.16 PLANNING DIV.
• 1 Of Administrative Official's Decision `g Of Hearing Examiner's Decision'
Of Subdivision Administrator's Decision n Of SEPA Determination
Other
CL (z) o oS -,o
Appeal of File Number: � ; C 4 - 00 2.. - D Date Action Taken: MA (J
Z — Tu 0'8 $) Z0/0 I
1-
1. Description of Action Being Appealed: f f E41 IA) E7 6 1,v1: S i t/ S E 1
DEClaloA DEA)Yir AWL ICAT/oN FoA ' Mt LT
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2. Reason for Appeal: Describe the specific error(s) or issues(s) upon which the appeal is based, including an 1
explanation of why the decision is not consistent with the Yakima Urban Area Plan, The Yakima Urban Area
Zoning Ordinance, or other provisions of law. (Reference the section, paragraph, and page of the provision(s)
cited.) (Attach if lengthy) 1
(Q,) 4 / LJ CA,✓T C v 644 PL / e b . W l TH AL Y,4ku taA uR PL 14A J
412ej4 .0'0N//uf, ogDoutfaJC1= RE&1lhe & Ike ,JTS 4 v 5Nocci.a
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PuaLi5yIA ffp u#v TEi)A 75 L, 72 Eclsloxv. .
1
Revised 12 -08 DOC. 1
INDEX
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1 JAMIE MUFFETT
APP #022 -10
1 City Council
Closed Record Public Hearing
1 September 7, 2010
1 EXHIBIT LIST
1
Applicant: Jamie Muffett
1 File Number: APP #002 -10
Site Address: 2308 South 1st Street
Staff Contact: Vaughn McBride, Associate Planner
1
Table of Contents
CHAPTER AA Hearing Examiner's Decision
1 CHAPTER BB Notice of Appeal Application
CHAPTER CC Public Comments
CHAPTER DD Response
CHAPTER EE Staff Fact & Agenda
1 CHAPTER A Staff Report
CHAPTER B Site Plan
CHAPTER C Maps
' CHAPTER D DST Review & Agency Comments
CHAPTER E Application
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CHAPTER F Public Notices 1
CHAPTER G Comments
CHAPTER H Items Submitted at Hearing 05/28/10
CHAPTER I Comments Received after 05/21/10 1
CHAPTER J Responses 1
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1 City of Yakima, Washington
Hearing Examiner's Decision
1 JULY 6,-2010 •
In the Matter of an Application fora )
Class (2) Use Submitted by: )
1 ) CL(2) #005 -10
Jamie Muffett ) REF #002 -10
I TCO #006 -10
To Establish an Adult Business Dance, = )
Studio* at 2308: South 1 Street in the )
General Commercial Zoning District )
•
1 A. Introduction. The introductory findings relative to the public hearing process for
this application may be summarized as follows:
1
(1) The Hearing Examiner conducted an open record public hearing on May 28,
1 2010. It was conducted in two sessions to accommodate the public, one at 9:00 . in the
morning and one at 1:30 in the afternoon, and lasted a total of five hours.
(2) Representatives from the City testified at both sessions. Associate Planner
1 Vaughn McBride presented his staff report which recommended denial of the application
for the reason that the proposed adult dance studio establishment in the proposed location
I would not satisfy the compatibility requirement for approval of a Class (2) use because of
the adverse secondary effects on the - value, of property: and:£on family and tourist -
oriented businesses located in the surrounding: area:. (Exhibit A - 1). Planning Manager
1 Joan Davenport submitted a map' showed a significant area of the City which
meets the spacing criteria of the zoning.:, ordinance forlocating.adult businesses, described
thewcharacter of the existing businesses neardthe proposed location and summarized some
1 of the public comments from nearby %business owners or operators who explained how the
proposed adult business would be :;incompatible with their respective businesses.
(Exhibits H -2 & H - 11). Senior Assistant =City Attorney Lawrence Watters explained' how
1 the zoning ordinance allows only those uses that are compatible with the area and how
Jamie Muffett 1
1 Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10 .
1 DOC.
INDEX
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the zoning ordinance allows only those uses that are compatible with the area and how 1
the U.S. Supreme Court decision of City of Renton v. Playtime Theatres, Inc. held that
research conducted over the years by various cities has well documented the negative
secondary effects of adult businesses and may be relied upon without the need to conduct
further studies to determine the compatibility of adult businesses at specific locations
within the City. He also explained how the U.S. Supreme Court in Barnes v. Glen 1
Theatre, Inc. held that the same negative secondary effects recognized in the City of
Renton case also properly be attributed to the live nude dancing establishment
involved in the Barnes case. (Exhibits H -3 & H -10).
(3) Applicant Jamie Muffett's attorney, J.J. Sandlin of the Sandlin Law Firm, also
testified at both sessions in favor of the application. He submitted a packet of documents
relative to the application and his letter dated May 25, 2010, indicating in part that the
public comments in opposition to the application are based on religious or moral grounds
without any reasonable substantiation of factual data to support their objection; that most
properly- operated adult businesses conduct the majority of their activities when fast food
restaurants and other commercial businesses are closed; that the City can benefit from
increased tax revenues from the adult business that can be used to address pre- existing
crime problems; that it is unkown where else the proposed adult business could be
located if not at the proposed location; that denial of the applicant's proposed use, which
meets all the adult business development standards in the ordinance, would violate the
City Council's intent in adopting the ordinance requirements; and that adverse secondary
effects must be established by statistical data rather than anecdotal events that may or
may not come true. (Exhibit H -5). He also included a resume and letter of an expert
witness retained by the applicant, R. Bruce McLaughlin of Bruce McLaughlin Consulting
Services. The letter in part contends that the compatibility requirement for approval of
Class (2) uses in the zoning ordinance is sufficiently discretionary as to constitute a form
of unconstitutional prior restraint and vagueness; that the lack of a "fmdings" section in
the adult business ordinance that lists the studies and case law relied upon to conclude
that such businesses cause unusual or unique adverse secondary effects makes it
impossible to determine what materials were considered by the City when the ordinance
was adopted; that the 500 -foot spacing requirement in the ordinance between adult
business uses and specific protected uses should limit the compatibility consideration to
uses within that distance; and that some studies which claim to find unusual or unique
adverse secondary effects consist entirely of shoddy data and reasoning, and contain
contradictory or inconclusive findings as shown by his 36 -page critique of 25 studies.
(Exhibit II-6).
Jamie Muffett 2
Adult Business Application
2308 South 1S Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
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I (4) Besides the, arguments presented by applicant's legal counsel J.J. Sandlin, the
following four members of the public testified in favor of approval the application:
• Elizabeth Bays, Earl Rowley, Luke Behrens, and Lucas Clark.
(5) Besides the, arguments presented by Senior Assistant City Attorney Lawrence
tY y ce
Watters and the testimony presented by Planning Manager Joan Davenport and Associate
' Planner Vaughn McBride, the following 31 members of the public testified in opposition
to approval of the application: Elizabeth Benefiel, Keith Effler, Nicole Billups, Bruce
Miller, Kirk Groenig, Michele Strobel, Tim Pritchard, Lori Rainford, Scott Rainford,
' Michael Fisk, Al Maza, Kennedy Rainford, Denise Clement, Sandra Jansen, Cathy Floyd,
Debi Danielson, Carol Janshen, Tony Rizzo, Linda Crow, Dianne Jongeward, Alfredo
I Montez, Kim Eisenzimmer, Rita Hochrein, Lori Nay, Kathie Fitzpatrick, Kasandra
Bailey, Kelly Kirschner, Kerry Cody, Susan Maza, David Walker and Marilyn
Vorenkamp.
1 (6) After all of the testimony was presented, Mr. Watters and Mr. Sandlin
requested additional time to respond to evidence submitted at the hearing which they had
'
not had an opportunity to read or respond to. The Hearing Examiner therefore closed the
hearing, but kept the record open to include: (i) any additional letters or e -mails from
members of the public received by the Planning Division by the close of business on June
' 7, 2010; (ii) any responses from Mr. Watters or Mr. Sandlin received by the Planning
Division by June 14, 2010, addressing evidence in the record which either of them had
not had an opportunity to review prior to the hearing; and (iii) any responses from Mr.
1 Sandlin or Mr. Wafters received by the Planning Division before the close of business on
June 21, 2010, addressing information previously submitted by the other.
1 (7) Some additional written comments were submitted after the hearing by June 7,
2010. Mr. Watters timely submitted a, document dated June 14, 2010, which is entitled
"City of Yakima, Washington Department of Community & Economic Development
1 Administrative Official's Response to Applicant's Arguments." The submittal contained
a section entitled "C'ompatibility and Adverse Secondary - Effects' and "Applicant's.
1 Arguments" with three attachments entitled "Crime - Related Secondary Effects of
Sexually- Oriented Businesses, Report to the City Attorney,.. City of Los Angeles, CA,"
May 6, 2007, Professor Richard McCleary, University of California ..Irvine; "Report to
1 the County Attorney, Palm Beach County, FL," August 15, 2007, Dr. Valerie Jenness,
Professor Richard McCleary, Dr. James Meeker; and "Secondary :. Effects Research."
(Exhibit J - 1). Mr. Sandlin timely submitted a three -page letter, , from Mr. McLaughlin
dated June 18, 2010, with attachments that were entitled "Second Affidavit of R. Bruce
1 Jamie Muffett 3
Adult Business Application
2308 South 1' Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1 DOC.
INDEX
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McLaughlin," "Deposition of Richard McCleary, Ph.D. taken on October 25, 2007," "No
Methodological Rule Can Protect Against Researcher Dishonesty," "Contradictory and
Inconclusive Findings," "Adult Cabarets Contrary Writings," "Rebuttal to Dr. Richard
McCleary's Critique of The Greensboro 2003 Study by Linz and Yao," "Adult
Bookstores Circa 1985, A Description," "Appropriate Planning and Land Use Research
Methodologies for Impact Studies," "Land Use Impact Analyses Area Comparison 1
Protocols," and "Sandy Springs, Georgia, A Report to the City Attorney by Richard
McCleary, Ph.D Preliminary Analysis." (Exhibit .1-2).
(8) This decision has been issued within ten business days of June 21, 2010, when
the record was closed.
1
B. Summary of Decision. The Hearing Examiner agrees with the recommendations
of the City Planning Division and the City Attorney's office which are in, accordance with
the preponderance of the evidence presented at the hearing, and he therefore denies this
application due to its lack of the requisite compatibility with the district and environment
P ty
surrounding the proposed location which is required in order to approve a Class (2) use.
C. Basis for Decision. Based upon the Hearing Examiner's view of the site without 1
anyone else present on May 27, 2010, June 28, 2010, and other occasions; and his
consideration of the evidence presented in this matter in light of provisions of the Yakima
Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance and the
pertinent Court decisions cited at the hearing, the - Hearing Examiner makes the following:
1
FINDINGS
I. Findings regarding the Identification of the Applicant and Property Owner.
1
Jamie Muffett 4
Adult Business Application
2308 South 1s` Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
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1 The applicant is Jamie Muffett, 1002 Vintage Valley Parkway, Zillah, Washington, who
has written permission from property owner Del Matthews to apply for Type (2) review
1 in order to acquire an adult entertainment license on his property at 2308 South 1St Street
in Yakima, Washington. (Exhibits E -1, E -2 & H -5).
II. Findings regarding Location of the Proposed Use. The location of the proposed
adult business use is 2308 South 1 Street, Yakima, Washington. It is Assessor's tax
1 parcel number 191332 - 32433. (Exhibits E -1 and H -5).
III. Findings regarding Description of the Application. The main aspects of this
application may be summarized as follows:
1 (1) On March 18, 2010, Jamie Muffett submitted to the City Department artment of
Community & Economic Development an application for approval of an adult dance
1 studio, sometimes referred to in the record as a strip club. It would be named "Sinsations
Gentlemen's Club." It would be located at 2308 South 1 Street in a building that was
formerly used for a retail store. Attached to the subject building is another structure used
1 by Northwest Furniture which shares a common wall and which is located on a separate
parcel to the south. (Exhibit A -1, page 1, and Exhibits E -1 & H -5).
1 (2) The proposed site is located in the General Commercial (GC) zoning district.
An adult business is' a Class (2) use in that zoning district. The proposed adult dance
studio would occupy a building that is 4,570 square feet in size. The building exterior
1 would be painted neutral in color. Signage would consist of a 4 -foot by 20-foot wall sign
painted on the face of the building. All windows, entries and other openings would be
screened and/or covered in such a way that no business activity associated with adult
1 entertainment uses, other than approved outside signage, would be visible from any
public right -of -way or other public street. The entrance to thee building would be located
in the back. A minimum of 58 parking spaces would also be located to the rear of the
structure. All off - street parking spaces would be accessed by way of South 1 Street.
Landscaping would be provided along the approach to the parking area and within the
parking area itself. (Exhibits A -1, page 2, and Exhibits E -1 & H -5).
Jamie Muffett 5
1 Adult Business Application
2308 South ls` Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10 .
1 DOC.
INDEX
1 # 14. -I
t
1
(3) The narrative and other related information supplied by the applicant describe
several operational features of the proposed use. Normal hours of operation would be
11:00 a.m. until 2:00 a.m., seven days a week. In compliance with existing regulations, 1
no seating would be positioned closer than six feet from the stage area. No private
dances would be allowed closer than four feet from entertainer and customer. No alcohol
would be served. Patrons and employees would not be allowed to bring alcohol into the
establishment. Only juice and non - alcoholic beverages would be served and brought into
the establishment. No food would be served. Only male and female patrons who are at
least 18 years of age would be allowed entry. No lap dancing would be allowed. All
managers, employees and entertainers would -be appropriately licensed. The applicant's
stated goal is to provide a safe, legal environment for patrons, employees, surrounding 1
businesses and the citizens of Yakima. (Exhibit A -1, pages 1 -2, and Exhibits E -1 & H -5).
IV. Findings regarding the Notices for the Public Hearing. The notices for the
public hearing of May 28, 2010, were provided in the following ways:
Publishing of notice of hearing in the Yakima Herald - Republic: May 6, 2010
Mailing of notice of hearing to property owners within 500 feet: May 6, 2010
Posting of land use action notice re application on the property: May 6, 2010
(Exhibits A -1, page 10, and Exhibits F -4(b), F -4(c), F -4(d) & F -5).
V. Findings regarding Current Zoning, Comprehensive Plan and Land Use
Characteristics, The zoning of the proposed site is General Commercial (GC), the
Comprehensive Plan designation is General Commercial and the land use is a vacant
building. Adjacent properties have the following zoning and land use characteristics:
g haractenstics:
Location Zoning Comprehensive Plan Designation Land Use 1
North GC General Commercial Retail/Commercial
South GC General Commercial Retail /Commercial
East GC General Commercial Retail/Commercial
West M -1 Light Industrial Industrial
(Exhibit A -1, page 2, and Exhibit B -1). 1
Jamie Muffett 6
Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
1
1 VI. Findings regarding Transportation Capacity Management Ordinance
Review. The proposed use is subject to review under the Transportation Capacity
1 Management Ordinance because it would be expected to .generate more than 10 PM Peak
Hour vehicle trips. (Exhibit A -1, page 3).
1 VII. Findings regarding; Stater'Environmental :Policy Act Review. The proposal
is categorically exempt from review under -the State Environmental Policy Act because it
1 would be conducted within an existing building with minimal new construction or paving
and because it falls below the City of Yakima's flexible threshold for SEPA set forth in
1 Section 6.88.070 of the Yakima Municipal Code (YMC). (Exhibit A -1, page 3).
I
V II. Findings regarding the Specific Criteria for Review of Class (2) Uses.
Because of the number of public comments received relative to this application, the
Administrative Official referred this matter to the Hearing Examiner for review, a public
1 hearing and decision. (Exhibit A -1, page 10). That action is permitted by Subsections
15.04.020(B), 15.14.020(A), 15.14.040(C)(5) and 15.15.020 of the City's Urban Area
1 Zoning Ordinance (UAZO). The Hearing Examiner's Findings and Conclusions would
therefore have to set forth specific reasons and ordinance provisions demonstrating that
1 this decision satisfies the requirements ..set forth' in Subsections 15.04.020(B) and
15.14.040(E) of the UAZO before this Class (2) adult =business use application could be
1 approved.; The Examiner makes the' \following` Findings in regard to the
g Findings g Class (2)
1 application for the proposed adult businesstuse
(1) Section 15.02.020 of the °UAZOxdefines Class-(2) uses as follows:
1
Jamie Muffett 7
I Adult Business Application
2308 South 1s Street; #191332 - 32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
DOC.
INDEX
1 #14-744
1
1
"Class (2) Uses are those uses set forth and defined in the text and tables of YMC 1
Ch. 15.04 and are generally permitted throughout the district. However; site plan
review by the Administrative Official is required in order to ensure compatibility
with the intent and character of the district, the provisions and standards and the
policies of the Yakima Urban Area Comprehensive Plan."
(2) Subsection 15.04.020(B) of the UAZO states that although Class (2) uses are
generally permitted in a particular district, their compatibility with the surrounding
environment at a particular location cannot be determined in advance: 1
"Class (2) Uses are generally permitted in the district. However, the compatibility
between a Class (2) use and the surrounding environment cannot be determined in
advance, and occasionally a Class (2) use may be incompatible at a particular
location. Therefore, Type (2) review by the Administrative Official is required in
order to promote compatibility with the intent and character of the district and the
policies and development criteria of the Yakima Urban Area Comprehensive Plan.
In certain circumstances, the Administrative Official may require that a Class (2)
use undergo Type (3) review, as provided within this Title. 1
(3) Section 15.02.020 of the UAZO sets forth the following definition for the
word "compatibility ":
"Compatibility means the characteristics of different uses or development that
permit them to be located near each other in harmony with or without special
mitigation measures."
(4) Subsection 15.14.040(E) of the Yakima Municipal Code requires the decision
as to a proposed Class (2) adult business use to be based upon the following criteria 1
which in this situation will be considered by the Hearing Examiner rather than the
Administrative Official due to the referral of this application for Type. (3) review:
"E. Findings and Conclusions. The Administrative Official shall prepare written
findings and conclusions stating the specific reasons, and citing the specific
chapters and sections upon which the Administrative Official's decision to r
approve, approve with conditions, or deny the issuance of a Certificate of Zoning
Review is based. The findings shall demonstrate that the Administrative Official's
decision complies with the policies of the Yakima Urban Area Comprehensive
Plan, the intent of the zoning district, and the provisions and standards established
herein."
Jamie Muffett 8
Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #00640
1
1
(5) This Examiner has previously held thatthe provisions in the zoning ordinance
requiring a higher level of review than normal for a type of use does not change the
nature of the use itself or the presumption attributed to it, only the type of review. (CLC
!, Associates, City of Yakima No. CL (2) #16 -05, July 10, 2006).
r IX. Findings regarding .Compliance and Compatibility f
p ty the Proposed Adult
Business Use with the Comprehensive Plan,. Designation of the Site Relative
specifically to compliance p y p and compatibility with the provisions, standards, policies and
development criteria of the Yakima Urban Area Comprehensive Plan,. the Hearing
Examiner makes the following Findings:
(1) The 2025 Yakima Urban Area Comprehensive Plan Map III -3 Future Land
Use Map designation for the proposed site is General Commercial. Although that
designation recently replaced the Arterial Commercial designation, the designation
similarly provides for land uses that require high visibility such as restaurants, service
stations, car washes, as well as wholesale and retail activities. (Exhibit A-1, page 3).
1 (2) The applicant's consultant, Mr. McLaughlin, disputes the Planning Division's
recommended finding as to the consistency of the proposed use with development
regulations which is required by Section 16.06.020 of the Yakima Municipal Code
(YMC). Since Section 16.06.020 of the YMC states that the requisite determination of
"consistency" shall include _ a determination as to the "compliance," "conformity" and
"consistency" with applicable development regulations, Mr. McBride's recommended
finding as to consistency with development regulations was read by Mr. McLaughlin to
be a recommended finding that the proposed use is inconsistent with the City's
Comprehensive Plan. (Exhibit H-6, pager 6 of letter).. The Examiner does not read Mr.
McBride's staff report to recommend such a finding.'
(3) Mr. McBride's staff report indicates that the Comprehensive Plan General
Commercial designation provides for a ; wide variety of commercial retail and service uses
such as °restaurants, service stations, car. washes and wholesale and retail activities. It
also quotes one Goal and two Policies , .indicating that the designation is intended to
provide a wide variety of commercial retail and service uses are heavily dependent
on convenient vehicle access and that it encourages the placement of parking lots behind
Jamie Muffett 9
Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10 .
' DOC.
INDEX
1
1
or beside buildings to improve the appearance of commercial corridors. The staff report 1
does not recommend any finding as to the compliance and compatibility of the proposed
use with the listed uses for the designation or with the quoted Goal and Policies of the
Comprehensive Plan. (Exhibit A -1, page 2).
(4) The staff report does, however, recommend a finding that the proposed adult
business lacks the requisite consistency with development regulations required by
Subsection 16.06.020(B) of the YMC because it would be disruptive and not consistent
or supportive of existing land uses in an area fully developed with family and tourist- 1
oriented restaurants and retail uses. (Exhibit A -1, page 11).
(5) Mr. McLaughlin's letter argues that the suggestion in the staff report that the
proposed adult business is inconsistent with the Comprehensive Plan is incorrect because III
the proposed use is within the concept of a "wide variety" of commercial land uses;
because the proposed use outside the downtown core would be dependent on vehicle
access; because the parking would be located behind the building; and because the
proposed adult business would employ managers, door persons, wait staff for non-
alcoholic beverages, dancers, and perhaps valets and/or security personnel so as to J
diversify the City's economic base, help raise annual average wages, provide additional
primary and secondary employment opportunities and improve the lifestyle of City
residents per the Comprehensive Plan Economic Development Element, Goal 4.1 and
Policies 4.1.1 and 4.1.3. (Exhibit H -6, pages 6 -8 of letter).
(6) The YMC Section 16.06.020 consistency determination addressed in Mr.
McBride's staff report is described in Subsection 16.06.020(A) as a determination
"whether a proposed project is consistent with applicable development regulations, or, in
the absence of applicable regulations, the appropriate elements of the comprehensive
plan." It is also described in Subsection 16.06.020(B) of the YMC as a determination
"whether the items listed in this subsection are defined in the development regulations
applicable to the proposed project or, in the absence of applicable regulations, the
adopted comprehensive plan." There is not an absence of applicable regulations for adult
businesses in the City's zoning ordinance. One of those regulations is the compatibility 1
requirement of the zoning ordinance which applies to all Class (2) and Class (3) uses in
addition to the other development standards prescribed by the zoning ordinance. The
compatibility requirement may require the imposition of additional or modified
development standards or requirements upon a particular proposed Class (2) or Class (3)
use in order to promote its compatibility or it may require denial of the proposed Class •
(2) or Class (3) use if additional or modified development standards or requirements will
Jamie Muffett 10
Adult Business Application
2308 South 1S Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
not make the use compatible. (Section 15.02.020 and Subsections 15.04.020(B) and
15.14.040(E) of the UAZO). The Examiner finds that it is this zoning ordinance
development standard of compatibility which the consistency determination on page 10
�. of the staff addresses rather than any Comprehensive Plan development standard for the
proposed use.
(7) The suggestion that the City would benefit ' from revenue generated by the
proposed -.adult business was to some extent disputed and no figures were submitted to
substantiate:, that claim. (E.g., Testimony and 'comment of Michael Fisk, Exhibit G -140).
But there was no dispute in the record about the fact that some additional employment
opportunities would be created if the proposed adult business were to be approved. The
I Hearing Examiner therefore accepts Mr. McLaughlin's arguments to the effect .that the
proposed use would be compliant and compatible with the listing of the wide varie ty of
1 commercial uses'' provided for in the General- Commercial designation and with Goal
3.10, Policy 3.10.1, Policy 3.10.5, Goal 4.1, Policy 4.1.1 and Policy 4.1.3 of the
Comprehensive Plan since there was no evidence or argument to the contrary. The
consistency analysis, required by Section 16.06.020 of the YMC is in this context directed
at development standards within the Urban Area Zoning Ordinance rather than
development. standards within the Comprehensive Plan. The development standards
within the zoning ordinance would include the overlay compatibility requirement for all
Class (2) uses required by the Urban Area Zoning Ordinance which implements the more
general Comprehensive Plan provisions.
X. Findings regarding Compliance and Compatibility of the Proposed Adult
Business Use with the Standards of the Zoning District. Relative to compliance
and compatibility of the proposed adult business use with the development standards of
the zoning district which are specific to the proposed, type of Class. (2) use, the Hearing
111 ;. Examiner finds there was no indication in the °evidence ': submitted for the record of
this matter: that the applicant could not or would not comply with the following such
development standards which are specified in the zoning ordinance: or in other regulations
noted by the Development Services Team as a result of its meeting of April 7, 2010:
Jamie Muffett
Adult Business Application 11
2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
DOC.
INDEX
1
1
(1) Parking: The parking standards in Chapter 15.06 of the UAZO apply to all 1
off - street parking for adult business uses. The parking standards in Table 6 -1, Table of
Off - Street Parking Standards, are based on gross floor area. "Gross floor area" means the 1
total square footage of all floors in a structure, excluding stairways, elevator shafts, attic
space, mechanical rooms, restrooms, uncovered steps and fire escapes, private garages,
carports and off - street parking and loading areas. The off - street parking standard for adult
entertainment dance establishments is the same as is required for uses that include taverns
and bars, or dine, drink and dance establishments. Such uses require one parking space
for each 75 square feet of gross floor area. The existing structure has about 4,750 square
feet of gross floor area. Approximately 3,353 square feet of gross floor area would be
used for public entertainment. A minimum of 58 off-street parking spaces would be
required for the applicant's adult business use. The applicant proposes to provide a I
minimum of 58 off - street parking spaces located at the rear of the building which would
include two handicapped parking spaces. 1
(2) Lot Coverage: Maximum lot coverage is the percentage of net land area of a
site that can be covered with structures and other impervious surfaces. Since the
maximum lot coverage for the General Commercial zoning district is 100 percent of the
total size of the parcel, the existing lot coverage meets the standards for the district.
(3) Setbacks: Structure setbacks are required by Table 5 -1 of the UAZO. The
proposed use would not increase the building footprint. The existing structure does not
encroach on a public easement and complies with applicable setback standards.
(4) Required Landscaping of Parking Areas: The standard landscaping
requirement for parking lots with five or more spaces is ten percent, of the total parking
area. Where maximum lot coverage is limited to less than 100 percent, landscaping areas
are included in the lot coverage calculation to meet that requirement. The Site Plan shows
landscaping along the driveway approach to the parking area and within the parking area.
(5) Sitescreening: Sitescreening along the property lines in accordance with the
provisions of Chapter 15.07 of the UAZO is required. Sitescreening requirements vary
depending upon the intensity of both the proposed use and its neighbors. No sitescreening
would be required for this proposed development.
(6) Public facilities: Adequate public water and sanitary sewer currently serve
this site. The proposed use is not expected to increase water or sewer use so that the
combined total use for the existing business is significantly more than the average for
neighboring commercial uses in the area.
Jamie Muffett 12
Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 - 10; REF #002 -10; TCO #006 -10
1
1
1
(7) Special provisions for adult businesses (Section 15.09.200 of the UAZO):
An adult dance studio is a Class (2) use requiring Type (2) review in the GC zoning
district. It is defined by Subsection 15.09.200(2) of the UAZO as a building or portion of
a building regularly featuring dancing or other live adult entertainment if the dancing or
entertainment provided is distinguished or characterized by an emphasis on the exhibiting
of specified sexual activities or specified anatomical areas for observation by patrons
therein. Additional requirements for this use are specified, '
p in the regulatory license
section of the ordinance. (Chapter 5.30 of the YMC). Subsection 15.09.200(A) of the
UAZO provides that adult businesses are recognized as having objectionable operational
characteristics, particularly when they are aggregated in one area. Since these uses have
1 a harmful effect - upon adjacent uses, and residential and commercial uses in particular,
special regulation of adult business uses is necessary to avoid •adverse•effects arising from
them so they will not contribute to the blighting or downgrading of the surrounding
neighborhood. All adult businesses must comply with the provisions of Section
15.09.200 of the Urban Area Zoning Ordinance. Prohibited activities include, but are not
limited to, specified sexual activities not specifically allowed under the definition of
' "adult business uses.
(8) Separation Standards ((Section 15.09.200(D)(1) & (2) of the UAZO)): A
proposed adult business use cannot be located within 500 feet of any preexisting school
. or day care facility, church or other house of worship, public park, public library or
residential zoning »district, nor within 1,500 feet of a parcel supporting a similar adult
entertainment use that is located either within or outside the city limits. The subject
property is not located within 500 feet of any of the listed protected uses or within 1,500
feet of a parcel supporting a similar adult entertainment use.
(9) Licensing: All adult business uses, with the exception of adult commercial
establishments, are subject to the licensing requirements of Chapter 5.30 of the YMC.
(� All requirements of Chapter 5.30 of the YMC would be required for this proposed adult
■ business use. A narrative describing the proposal in detail and the means to meet these
regulatory requirements was requested from the applicant. The regulations set forth in
Chapter 5.30 of the YMC are .intended to prevent health and safety problems in and
around adult entertainment establishments and also to prevent dangerous ands unlawful
• conduct in and - around -such establishments.
(10) Hours of Operation: The
p adult business ordinance does not allow an adult
business to conduct or operate any business or commercial function on or around the
1 premises between the hours of 2:00 a.m. and 8:30 a.m. of the same day. The applicant's
Jamie Muffett 13
Adult Business Application
2308 South 1 Street; #191332-32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
DOC.
INDEX
# Pr' -1
1
i
proposed adult business would be open to the public during the hours of 11:00 a.m. to 1
2:00 a.m., seven days a week.
(11) Signage: Signage for adult business uses must comply with the provisions
of Chapter 15.08 of the UAZO entitled "Signs." Each adult business use is allowed one
on-premise sign, which is limited to displaying the name of the establishment, the street
address, the days and hours of operation, restrictions on the age of persons that may be . 1
admitted to the building and the non- specific identification of the nature of the stock -in-
trade or entertainment offered by the adult business establishment. Nowhere on the
signage or on the building visible to outside passersby may there appear any verbiage,
insignias, pictures, drawings or other descriptions suggestive of sexual acts or actions, or
which represent the . sexually oriented material and/or performances of the adult I
entertainment use. Adult entertainment establishments must conspicuously post a
readable sign at or near each public entrance which clearly states, and is printed in letters
at least one inch tall: "THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED
BY THE CITY OF YAKIMA." The applicant has submitted a Sign Design Plan that shows a
4 -foot by 20 -foot wall sign to be painted on the building's facade. The Sign Plan which
he submitted meets signage standards of the zoning district for wall signs. The applicant
would be required to meet all of the signage requirements for adult entertainment
establishments prescribed by the UAZO. 11
(12) Design Standards: Buildings, fences, or other structures which are visible
from any public right -of -way must be of a neutral coloring and design scheme, similar to
surrounding commercial facilities. All windows, entries, and other openings must be
screened and /or covered' in such a way that no business activity associated with adult
entertainment uses, other than approved outside signage, is visible from any public right-
of -way or other public street. A narrative was requested of the applicant and provided by
him indicating how he will comply with these requirements.
(13) Licensing Requirements (Chapter 5.30 of the UAZO): In addition to the
UAZO requirements, all adult business uses, with the exception of adult commercial
establishments, are subject to the licensing requirement of Chapter 5.30 of the YMC. 1
Licensing of any premises for adult entertainment business uses shall not be issued if the
establishment fails to meet health, safety, fire, zoning or other valid standards established
by regulations and ordinances governing health and safety. 0
(14) Unlawful Conduct: The licensee or manager of an adult entertainment
establishment must comply with Section 5.30.040 of the YMC which governs unlawful 1
Jamie Muffett 14
Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
r .
1
conduct in the establishment, licensing, operation and physical arrangement of the
establishment, i.e. location of stage, lighting, lack of public access.to any enclosed room
or cubicle within the studio where dancing is performed and the posting in a conspicuous
place of a list of any and all entertainment provided on the premises (to include the
specific fee or charge for each entertainment listed).
(15) Codes -- Sandy Cox, Plans Examiner II: The . accessible parking spaces
must share a striped access aisle between them of at least :8 feet wide. Proper signage
must be placed at the head of the disabled parking spaces. Bathrooms must be made
accessible to today's standards or one additional unisex accessible bathroom must be
added. Any renovations require plan review, permits and inspections prior to occupancy.
�. (16) Codes -- Royale Schneider; Plans Examiner -I: The proposed use (Adult
Business) may be a change of occupancy as defined in the 2006 International Building
Code. The 2006 International Building Code addresses regulations governing changes in
1 occupancy. Change of Occupancy §3409.4 requires existing buildings, or portions
thereof, that undergo a change of group or occupancy to have all of the following
accessible features: (i) At least one accessible building entrance; (ii) . at least one
accessible route from an accessible building entrance to primary function areas; (iii)
signage complying with Section 1110; (iv) accessible parking, where parking is provided;
(v) at least one accessible passenger loading zone, when loading zones are provided; and
(vi) at least one accessible route connecting accessible parking and accessible passenger
loading zones to an accessible entrance. Where it is technically infeasible to comply with
the new construction standards for any of these requirements for a change of group or
occupancy, the above items shall conform to the requirements to the maximum extent
technically feasible. Change of group or occupancy that incorporates any alterations or
r additions shall comply with that section and Sections 3409.5, 3409.6, 3409.7 and 3409.8.
If alterations or additions requiring permits are anticipated, there may be additional
accessibility requirements. Those requirements would be addressed once the plans are
submitted for review and the scope of the alterations or additions are determined.
(17) Engineering -- Randy Meloy, Surface. Water Engineer: Since the site is
already developed, there are no drainage requirements..:
(18) Engineering -- Mike Antijunti, Development Engineer: The applicant is
proposing to establish an adult business in the General Commercial zone. Engineering is
looking at this project as a new tenant moving into an existing business with all frontage
improvements established and all utilities in place. Therefore, this development does not
Jamie Muffett 15
Adult Business Application
2308 South 1S Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
DOCa
INDEX
t - - f-I
1
affect Engineering relative to Title 12 standards. Sewer and water are provided by the
City of Yakima. All drainage is required to be retained on site.
(19) Transit -- Kevin Futrell, Transit Project Planner: The City of Yakima II
Transit has two bus routes ( #7 and #9) that run along South 1 Street in front of the
proposed site. There is an existing bus stop in front of Performance Auto Sound, just
north of the proposed site. A sidewalk exists along the frontage of the site, which
provides access to transit for special population groups.
(20) Water/Irrigation -- Mike Shane, Water/Irrigation Engineer: There is an
existing looped 12 -inch waterline in South 1 Street. There is an existing 1 -inch water
service and meter to the site. Static pressure range is 101 to 113 p.s.i. No water
extension is necessary. There is an existing fire hydrant at the north property corner of r
the site. All new fire hydrants or fire sprinkler requirements are to be determined by
Codes and the Fire Department. Connections may apply only if a larger or additional
service is required. .It is a public water system. Fire flow calculated at 5,000 g.p.m. is
available from a looped 8 -inch waterline. No City of Yakima irrigation water is available
to the site. The site plan needs to accurately show all existing and proposed utilities. 1
(21) Wastewater, Scott Schafer: In accordance with Section 7.65.050 of the
YMC, a separate and independent building sewer (side- sewer) must be provided for
every building. Since the Gentlemen's Club would be sharing the same building with
another business, only one side -sewer would be required for the building. However, if it
is discovered at a later date that one or both of the businesses requires to be monitored by 1
the Pretreatment Program, a sampling port (manhole) will be required to be installed
along such side - sewer. It may also be determined to be beneficial at such time by the •
building's owner to separate the wastewater discharges from the two businesses and
install independent side- sewers for each business.
(Exhibit A -1, pages 3 -10). 1
M. Findings regarding Compliance and Compatibility of the Proposed Adult 11
Business Use with the Intent, Provisions, Standards and Character of the 1
District and Surrounding Environment. Relative specifically to compliance and
compatibility with the intent, provisions, standards and character of the district and
Jamie Muffett 16
Adult Business Application
2308 South l Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
1
1 environment surrounding the proposed location of the proposed adult business, the
applicable intent, provisions and standards of the zoning district and zoning ordinance
that are referred to in Subsection 15.14.040(E) of the UAZO include the Class (2) use
definition and the Class (2) use criteria prescribed by Section 15.02.020 and Subsection
1 15.04.020(13) of the UAZO: The intent, provisions and standards referred to require a
finding that an adult business will be compatible with the district and environment
surrounding its proposed location. The Yakima City ouncil. imposed mposed that requirement
when it designated adult businesses as Class (2) or Class (3) uses in prescribed zones
rather than as Class (1) uses that would be permitted outright. Therefore, the Hearing
Examiner considers the issue of the compatibility , of the proposed adult business and
makes the following findings relative to its compatibility in the proposed location:
(1) At the outset, before considering the evidence resented in this relative
arive
to the issue of compatibility of the proposed use at the proposed location, the Examiner
1 will address arguments presented by Mr. Sandlin by way of written and oral comments
presented at the hearing that bear upon the type of evidence that should be considered.
(2) First, Mr. Sandlin indicated that the City Planning Division's contention that
"there is no question that there will be significant secondary negative effects upon both
the property values and the businesses which surround this site" is an untenable, purely
speculative, unfounded conclusion attributable to the fact that "the City of Yakima has
fallen into the trap of listening to a vociferous group of misled citizens who 'are opposed
to the adult business proposal on religious grounds, or other `Moral Majority' grounds,
without any reasonable substantiation of factual data to support that objection to such a
business venture." (Exhibit H - 5, pages 1 - of letter); It is true that some of the written
public comments were of that type. It is also true that some of the written public
,1 comments expressed an opinion without giving any reason or factual basis whatsoever for
the opinion. This is true of some of the written comments; submitted both in opposition
1 and in favor of the proposed use. This is not, however, true of the vast majority of the
evidence submitted in this proceeding. The Examiner is aware of the different types of
evidence in the record and of his obligation to give different•weight to different types of
1 evidence. Washington courts require land use decisions' to be made in furtherance of the
Jamie Muffett 17
Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1 DOC.
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1
land use plans and regulations adopted by the governing body of the municipality rather 1
than by popular vote of those who may disagree. For example, the Washington Court of
Appeals in Kenart & Associates v. Skagit County, 37 Wn. App., 295, 680 P.2d 439
(1984) held at page 303:
"Our concern in this case is that the planning commission may have denied
approval of the PUD as a result of community displeasure rather than for the
reasons stated. In every instance the developer either satisfied, or offered a change
to satisfy, the concerns raised; ..."
Likewise, the Washington Court of Appeals in Maranatha Mining v. Pierce County,
59 Wn. App. 795, 801 P.2d 985 (1990) held at pages 798 and 799:
"...We cannot escape the conclusion, in view of the evidence in support of
Maranatha's application, that the Council based its decision on community
displeasure and not on reasons backed by policies and standards as the law 1
requires. ... It is improper to deny the permit to an applicant who, throughout the
application process, has demonstrated a willingness to mitigate any and every
legitimate problem."
Likewise, in Sunderland Family Treatment Services v. City of Pasco, 127 Wn.2d 782,
903 P.2d 986 (1995), the Washington Supreme Court held at page 794 that evidence of
neighbors' unsubstantiated fears of . adverse effects may not be the basis for denial of a
proposed use and that only evidence of neighbors' well- founded fears of such adverse
effects can be the basis for denial of a proposed use:
"In the past, this court has acknowledged that neighbors' fears may reduce
property values. See Park v. Stolzheise, 24 Wn.2d 781, 793 -94, 167 P.2d 412
(1946) (location of a sanitorium for mental patients). However, there is an
important distinction between well founded fears and those based on inaccurate
stereotypes and popular prejudices. See 1W. v. Tacoma, 720 F.2d 1126, 1132 n.7
(9th Cir. 1983). Courts have long held the latter cannot justify zoning restrictions.
E.g., Buchanan v. Warley, 245 U.S. 60, 82, 38 S. Ct. 16, 62 L. Ed. 149 (1917)
(zoning restrictions based on race).
Finally, the holding of the Washington Supreme Court in Parkridge v. Seattle, 89 Wn.2d
454, 462, 573 P.2d 359 (1978) held at pages 461 and 462: '
"We agree that the current views of the community urging rezone to single- family
use may be given substantial weight in matters of this nature. They cannot,
Jamie Muffett 18
Adult Business Application
2308 South 1st Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
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however, be controlling absent compelling reasons requiring a rezone for the
public health, safety, morals or general welfare."
The Washington ; Supreme Court therefore recognizes that current views of the
community may be given substantial weight, but may only be given controlling weight if
they are - supported by compelling reasons related to the public health, safety, morals or
general welfare. In addition to these limitations on the type of evidence that may be
considered, there is an additional limitation here due to the nature of the proposed use.
Here the decision regarding an adult business must also be a° content- neutral time, place
and manner , decision based upon that type of evidence in order to protect the applicant's
First Amendment constitutional freedom of speech rights. (See, °e.g., City of Renton v.
Playtime Theatres, Inc. 475 U.S. 41, 47, 106 S.Ct. 925 (1986)• and cases cited therein)..
' Evidence which is within these limitations and includes personal observations or
knowledge of facts, learned -from reliable sources is properly considered.
(3) To the extent that Mr. Sandlin argues along the same lines that only data or
studies should be considered to determine whether adult businesses cause adverse
secondary effects, it is true that data and studies are helpful in determining that aspect of
the compatibility issue presented by this application. But it is " also true, in this
information age of this small world, that sometimes the information and personal
observations shared at hearings by well- informed and knowledgeable members of the
public can be quite valuable in determining compatibility issues such as this. The
testimony of those who have learned about or witnessed such adverse secondary effects
1 of adult businesses in this community or elsewhere, or who are obviously very familiar
with the character of the proposed location, can be even more reliable and credible on the
issue of compatibility of this particular proposed use in this particular location than the
1 conflicting opinions of hired consultants or other experts who have never seen the area.
(4) Another preliminary matter worthy of comment is Mr. Sandlin's argument
that most properly - operated adult businesses conduct the majority of activities when fast
food restaurants and other commercial "establishments closed. (Exhibit H - 5, page 2 of
letter). Since the evidence here is that the proposed use would be open from 11:00 a.m.
r until 2:00 a.m. seven days a week, and since there are Jack in the Box, Wendy's and
McDonald's fast -food restaurants very nearby, the proposed adult business: use would be .
open during many: of the same hours as those nearby businesses °,where a significant
number of the customers and employees are likely to be°youngTeople -kOn that same
point, one person testified that she believes the Top Foods grocer store across the street
1 from the proposed site is open during most of the hours that-the proposed adult business
Jamie Muffett 19
I Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 - 10; REF #002 -10; TCO. #006 -10
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would be open (Testimony of Elizabeth Benefiel) and another person testified that the Top
Foods grocery store is in fact open 24 hours a day. (Written comment of Karen Brown,
Exhibit 1 -66). As to the assumption in that argument regarding a properly- operated adult 1
business, some testimony and documentary evidence was submitted to the effect that the
proposed use might not be a properly- operated adult business in view of the history of
police calls to the applicant's present place of business. (E.g., Exhibit 1 -67; Comment of
Fred W. Bruning, Chief Officer for CenterCal Properties, LLC, Exhibit 1 -51; Comment of
James H. Robison and Rebecca Robinson, Exhibit 1 -57). Greater concern in that regard
could reasonably stem from the fact that a Class (2) use permit would, unless specifically
limited otherwise, follow the property rather than the applicant so that the manner of
operating the proposed adult business could change for the worse in the future if the
business is sold. (Subsection 15.18.020 and comparable provisions of the UAZO).
(5) Mr. Sandlin also argued that the City could benefit from the increased tax
revenues from the business. (Exhibit H -5, page 2 of letter). Some evidence was
presented to the effect that the revenue would not be significant or would be outweighed
by the expense to the City that would result from the business. (E.g., Testimony and
comment of Michael Fisk, Exhibit G -140). Even though the applicant advanced that
argument, specific evidence was not presented to support that argument and the Examiner
does not find a determination of that issue either way to be relevant to a determination of
the compatibility between the proposed use and the character of the district or
environment surrounding its proposed location.
(6) Mr. Sandlin posed the question as to where the City would propose that the
applicant establish his adult business if it is incompatible with existing businesses in the
proposed location. (Exhibit H -5, page 2 of letter). Planning Manager Joan Davenport
submitted a large and a small map into evidence which both showed the amount of area
in the City that could potentially be compatible for such a use. (Exhibits H -2 and H -11).
The Examiner can only decide the compatibility of this proposed site because all of the '1
evidence in the record relates only to this site. If a use cannot be conducted at a certain
location, the United States Supreme Court in City of Renton v. Playtime Theatres, Inc.,
supra at page 54, held that it is the applicant's responsibility to find an alternate location. 1
(7) Mr. Sandlin further argued at the hearing that a denial of this application
would violate the City Council's intent because this application would meet all applicable 1
development standards. That argument overlooks the fact that when the City Council
required a finding of compatibility in order to approve any Class (2) use, and when it
designated adult businesses as Class (2) uses in the General Commercial zoning district,
Jamie Muffett 20
Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 - 10; REF #002 -10; TCO #006 -10
1
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its clear intent was to require adult businesses in that zone to be compatible with the
1 district and the environment surrounding its proposed location in addition to complying
with development standards applicable to that particular type of Class (2) use.
(8) As the final preliminary observation relative to the compatibility analysis of
the proposed use, at the hearing Mr. Sandlin submitted a letter from the consultant
retained by the applicant, R. Bruce McLaughlin of Bruce McLaughlin Consulting
1 Services, bearing date of May 26 on the first page. (Exhibit H -6, pages 1 -10). His 8-
page resume is attached to his letter. (Exhibit H -6, pages 11 -18). Also attached to his
r letter is his 41 -page analysis of documents relied upon by opponents of adult uses which
■, is entitled "Local Government Adult Use Studies Contradicto ry and Inconclusive
Findings." (Exhibit H -6, page 5 of letter). His analysis categorizes four documents
between .2000 and 2004, and 15 documents between 1978 and 1997 as having contra-
dicto findings. - It catagorizes a 2004' - document ry g g t and five documents between 1977 and
1998 to have inconclusive findings. (Exhibit H -6, pages 19 -59, also submitted with Mr.
1 McLaughlin's June 18, 2010, letter as part of Exhibit J -2). His letter asserts that the
compatibility requirement in the City's ordinance is sufficiently discretionary as to
constitute a form of unconstitutional prior restraint and vagueness which could have been
rectified by additional spacing requirements if additional protected uses were intended.
(Exhibit H -6, pages 1 -5 & 9 -10 of letter). It also criticizes the City's adult business
ordinance for lacking a "findings" section which lists the studies and case law relied upon
by the, City Council when it was adopted. (Exhibit H -6, page 5 of letter). The Hearing
Examiner is bound by the Washington State Supreme Court cases which hold that an
�I ordinance is presumed constitutional and that the party challenging the constitutionality
of the law has the burden to prove that it is unconstitutional. (See, e.g., Seattle v. Huff
;
111 Wn.2d 923, 767 P.2d 572 (1989) and cases cited therein). By presuming the
compatibility requirements of the City's and County's zoning ordinances to be valid, this
Hearing Examiner has previously denied proposed Class (2) and Class (3) uses which
I were not compatible with the surrounding area. (Envisage Development Group, City of
Yakima CL(3) #7 -08 and CL(2) #20 -08, November 4, 2008; Keith Hallauer, City of
Yakima CL(3) #1 -04, May 27, Dale Turner, City of Yakima CL(2) #3 -03, May 8,
2003; ProLand, ' LLC /Verizon Wireless,' Yakima County CUP 09- 045, February 24,
2010; and Timothy J Duke, Yakima: CountyCUP 02 -069, April 17, 2003).. Likewise, by
presuming the compatibility requirements of the City's and. County's subdivision
ordinance to also be valid, this Examiner has also previously recommended; denial of City
and County rezone requests that were not compatible with the surrounding. area (Casey
Kitt, City of Yakima RZ 006 -09, February 11, 2010; Yakima Temple Building Association
Jamie Muffett 21
Adult Business Application
2308 South 1' Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10.
DOC.
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# 6-4-I
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and Michael Kim, City of Yakima RZ #12 -07, October 25, 2007; and Eugene R. Huit,
Yakima County ZON 05 -08, October 6, 2004). The legal authorities in this State
authorizing the denial of proposed uses on the basis of incompatibility even when they
involve no significant adverse environmental impacts include the case of Cingular
Wireless v. Thurston County, 131 Wn.App. 756, 129 P3d 300 (2006). Mr. Muffett's
application is distinguishable from the facts of the case discussed by Mr. McLaughlin at
pages 2 to 5 of his letter, Lady J. Lingerie v. City ofJacksonville, 176 F.3" (11 Cir.
1999) in two respects. First, the City of Yakima is not requiring that the applicant apply
for a zoning exception for his adult business, but rather is only requiring that he satisfy
the Class (2) use compatibility requirement of the zoning ordinance that is required for
approval of all Class (2) uses. Second, there is no evidence in this record that there are
only two sites in the City where the applicant's use would be allowed. Although
1
Subsection. 15.04.020(B) of the UAZO states that compatibility between a Class (2) use
and the surrounding environment cannot be determined in advance, a map showing many
more than two potential adult business locations which would at least satisfy the spacing
requirements of the ordinance is in the record. (Exhibits 2 & 11). There is no evidence in
the record suggesting that only two of the sites shown on that map would meet the
compatibility requirement for a Class (2) or a Class (3) adult business use. Even if the
Hearing Examiner were inclined to avoid making a compatibility determination in this
matter on the basis of the arguments presented by Mr. Sandlin and Mr. McLaughlin as to
the invalidity of the compatibility requirement in the City's zoning ordinance, he would
be unable to do so. Determining the constitutionality and validity of an ordinance is a
judicial function of the courts. Section 2.08.010 of the Revised Code of Washington
provides:
"The superior court shall have original jurisdiction in all cases in equity, and in all
cases at law ... and shall also have original jurisdiction in all cases and of all II
proceedings in which jurisdiction shall not have been by law vested exclusively in
some other court ...
The Superior Court can and does decide legal issues on appeal from land use decisions
even though such issues cannot be decided by land use officials before they reach the
Court. That was true under the former Writ of Certiorari review procedure. (Chaussee v.
Snohomish County Council, 38 Wn. App. 630, 644, 689 P.2d 1084 (1984)). That is also
true under the specific provisions of the Land Use Petition Act which now govern any
judicial appeal of this decision. RCW 36.70C.130 provides in pertinent part:
11
Jamie Muffett 22
Adult Business Application
2308 South 1 Street; #191332-32433
CL(2) #005 -10; REF #002-10; TCO #006 -10
1
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"(1) The superior court, acting without a jury, shall review the record and such
supplemental evidence as is permitted under RCW 36.70C.120. The court may
grant relief only if the party seeking relief has carried the burden of establishing
1 that one of the standards set forth in (a) through (f) of this subsection has been
met. The standards are: ...
(f) The land use decision violates the constitutional. rights of the party
seeking relief."
The Yakima City Council did not purport to vest its Hearing Examiner with the duty or
power to determine the constitutionality . or validity of the compatibility requirement of
the City's Class. (2) zoning ordinance provisions when it prescribed the Hearing
1 Examiner's duties and powers in Section 1.43.080 of the Yakima Municipal Code. The
Examiner's duties and powers in the context of this application aretlimited to determining
the compatibility or incompatibility of the proposed adult business use in the proposed
1 location as required by the provisions of the City's zoning ordinance for the approval or
denial of a Class (2) use. (Section 15.02.020, Subsection 15.04.040(B) and Subsection
' 15.14.040(E) of the UAZO).
(9) ,Since Section 15.02.020 of the Urban Area Zoning Ordinance defines
compatibility as the characteristics of different uses or development that permit them to
1 be located near each other in harmony with or without special mitigation measures, it is
necessary first to consider the character of the area where the use is proposed -- what the
City's ordinance refers to as the district and environment surrounding the proposed use.
(10) The testimony of the four people (other than the applicant's legal counsel)
who testified in favor of approval of the proposed adult business expressed the following
1 main points:
(a) Elizabeth Bays, manager of the applicant's Tuscan Sands Casino in
1 Zillah, testified that the proposed adult business should be considered compatible
because it meets the other development :standards of the ordinance and that
compatibility should • not even be a question because the adult business will
1 provide jobs and a sizable tax base to help the City of Yakima's growing needs.
(b) Earl Rowley testified that he is in charge of his own morals and will
1 stand: up for the applicant's right to make a living. He indicated that he has not
seen a group of children walking along the area of the proposed location; that he
1
does not expect crime; that he does not expect ° °a' decrease in business of nearby
businesses because the entrance is in the back and the business is operated in
1 Jamie'Muffett
Adult Business Application 23
2308 South 1 Street; #191332-32433
CL(2) #1005 -10; REF #002 -10; TCO #006 -10
1 DOCC
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evening hours after McDonald's and everyone else is closed; and that a few
narrow- minded people will decide what is best for Yakima.
(c) Luke Behrens testified that all activity is going to be in the back in a
controlled area that will not be visible from the front of the building; that there is
going to be security; that the adult business will be in the proper zoning; that the
City already has negative effects such as gang shootings and drugs; and that he
would continue to patronize the nearby businesses if the adult business is there.
(d) Lucas Clark testified that he and friends of his who are stationed at the
military training center spend their money to have fun locally, but that he knows
countless people who spend thousands to drive to Portland and ' Seattle and
Umatilla which could be spent here. He thinks that escort dancers working in 1
residential areas do not seem to cause a problem and that the revenue that the adult
business would bring in could go for another deputy or police officer.
(11) Some of the testimony of the 33 people (other than the City's legal counsel)
who testified in opposition to approval of the proposed adult business described in
specific terms the character of the district and the environment surrounding the proposed
location as follows:
• (a) Planning Manager Joan Davenport testified as an expert planner. She
has been a land use and transportation planner with the City since 1987 and has a
BS degree in Urban Planning from the University of Virginia and memberships in
the American Planning Association since 1982 and the American Institute of
Certified Planners since 1987. (Exhibit J - 1, "Compatibility and Adverse Secondary
Effects," page 2). She testified that numerous ..comments in opposition to the
application were received from such family and tourist- oriented businesses in the 1
area as the owners of Color Tile, the owners of the property where Color Tile is
located, McDonald's, the owner of Subway Sandwiches, the owner of the multi -
tenant building where Subway is located, the Edward Jones Investment Company,
the Cold Stone Creamery, the owners of Skateland, the City of Union Gap, and the
corporate office of Shopko. 1
(b) Associate Planner Vaughn McBride also testified as an expert in the
field of planning. He has been a land use planner with the City since 1992 and has
a BA degree in Sociology and an MA degree in Urban Planning from the
University of California, Los Angeles. (Exhibit J - "Compatibility and Adverse
Secondary Effects, " page 1). He testified in accordance with his staff report to the I
Jamie Muffett 24
Adult Business Application
2308 South 1" Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
•
1
1 effect that many family and tourist- oriented businesses are, within 500 feet of the
site, including Wendy's, Jack in the Box, Kentucky. Fried Chicken/A &W,
Starbucks and Cold Stone Ice Cream; and that many others are within 1,200 feet
' of the site, including Valley Mall, Miner's Burgers, Skippers, Taco Bell, Burger
King and Taco Bell.
(c) Al Maza testified and provided written comments to the effect that he
and,his:.wife own the property where Color Tile is located about 30 feet north of
the proposed site; that this area constitutes the busiest° shopping district in Yakima,
Union Gap, the Yakima Valley and in fact the entire County ::of Yakima; that
Performance Audio, Wendy's and Yakima Co -Op are just north of their property;
that" a bank, •Top Foods grocery store, Office Depot and Jack, in the Box are
directly across the street; that a little further south is Kentucky Fried Chicken and
Miner's Drive -In; that on the same side of the street as the proposed site is
' McDonald's and Skateland; that there are various businesses on either side of the
street; that the Valley Mall is to the south; that families and tourists come to that
entire shopping area; and that the Valley Mall and other places in that area are
very much family - oriented.
(d) Susan Maza testified that the area is vital to the Yakima Valley because
it is a long way from any other major retail district and people would otherwise
have to drive 90 miles to Kennewick or 137 miles to Bellevue to find similar
shopping.
• (e) David Walker testified that it is a very high traffic area for families
because of the eating establishments; that they are frequented by children while
I shopping for school and any other time for family outings; that Skateland Fun
Center roller skating rink is just around the corner from the proposed location; that
there are kids crossing the street going from the mall back to the skating rink; that
jr there are busses pulling up in front of Miner's Drive -In Restaurant with loads of
children and coaches not far from the proposed site; and that the area is a family-
' oriented area
(f) Scott Rainford testified that he and his-wife frequent Miner's and know
the owners ;_ that there are sports teams bussed in to Miner's by_. the ;thousands every
year;. that even though Miner's is more than 500 feet from the proposed site, they
have been at Miner's often when a team shows up which ends up going to Jack in
the Box directly across the street from the proposed site because :there is no room
Jamie Muffett 25
Adult Business Application
2308 South <1s` Street #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
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for them at Miner's; that this happens at 10:00, 11:00, 12:00 at night; and that 1
there are teams and kids all around that area.
(g) Tony Rizzo testified that he is the regional manager for Subway 1
Sandwiches; that one of their 11 stores in the Yakima Valley is 518 feet away
from the proposed site [though it was not specified whether that was from the
building or from the parcel boundary as measured in the ordinance]; that Miner's
is a huge drop off area for children; that Yakima is known as tourney town; that
bus loads of kids get dropped off at Miner's; and that they cross the street to
Subway or go up to Jack in the Box.
(12) Details as to the character of the area and the adverse secondary effects of the
proposed adult business were not addressed in the following "Petition for Yakima Getting I
a Gentlemen's Club" signed by 313 people which stated:
"This business will offer jobs and bring revenue in to the city of Yakima. Thank
you for signing this petition and supporting us."
(13) Details as to the character of the area and/or the adverse secondary effects of
the proposed adult business were not addressed with objective facts of a type to be
helpful in the compatibility determination by any of the 17 written comments
submitted in favor of the application. Excerpts of some of the points made by the
comments will serve as a summary of the main points offered in favor of the
application. As with the other comments, the respective locations of the comments in
the record are provided to facilitate review of them in their entirety by anyone who 1
wishes to read the entire comment:
(a) "I don't see the harm in it. ... I firmly believe that the people opposed
to the club are threatened by the success that Mr. Muffett or any individual who ■
CHOOSES to seek employment there may have. Jealousy and Envy are the root of
all evil, and if you don't like it, don't go. It will increase revenue and boost
Yakima's economy. My opinion is that it will not taint our children, increase drug
use or exploit women. ..." (Rosa Zielinski, Goldendale, Exhibit G -90).
(b) "... i [sic. — I] think it could create some much needed jobs and brin g in
more taxes which help with law enforcement, parks, public education, roads ..."
(Doug Miller,. Exhibit G -85). 1
(c) "... I love this city ... can it get any worse with crime and drugs, and
gangs ? ?? Does it need jobs ?? Yes ... yes yes!! A woman has the right to do 1
Jamie Muffett 26
Adult Business Application
2308 South 1 Street; #191332-32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
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whatever she wants with her own body.... (Tasheba Jackson, Selah, Exhibit G-
62). .
' (d) "Why are you all so scared of a strip club? Sex is a normal part and it
should be allowed to be a part of your town. ' Its here and controlled and watched.
There was now [sic. — no] elevation in crime, drugs, and the world did not end."
(Matthew Dunbar, Sacramento, Exhibit G -57).
(e) "For Yakima to get a. Strip Club." (Jolene Williams, Naches, Exhibit
S6)
(f) "It's a free market economy. Let the business man open up the club! If
Yakima, indeed does not want this type of business, it won't last. There ,aren't any
schools nearby and the children aren't going to be on the streets at the time of
night that the establishment is open, anyway! Those that are bothered by it ....
I DON'T GO!" (Torene Terrell, Yakima, Exhibit G -52).
(g) "... This has incited the rage of women and the religious. If this goes
to a vote I would hope that the city council will look further than these people's
dislike for capitalism and capitalizing on an untapped niche." (Tim, Exhibit G -28).
(h) "What is the difference between the REGULATED gentelmen's [sic. -
I gentlemen's] club and the coffee shops with strip poles in them that any kid can
walk in to and request a $5 holla? At least the strip club is regualated [sic. —
regulated] and you must show an ID to see filth." (Christy Briskey, Exhibit 1 -11).
(i) " .. . I attended virtually EVERY Public Meeting n the proposed Wal-
g P P
Mart matter. So it would be more than a little hypocritical to refuse Mr. Muffett's
1 request for a business license when it's proposed location is already zoned
properly." (David Aamodt, Exhibit 1-28).
(j) "... Who will see some woman dancing around a pole, someone driving
by? In fact, it will only be someone's choice, to see that type of entertainment by
paying to do so. ..." (Dick Olsen, Exhibit 1 -31).
(k) "While I don't condone the opening of the club, I do . defend Mr.
Muffett's rights within the °.law to do so. Adult businesses;:are not.. prohibited by
ordinance at the proposed location." (Donald Berk, Exhibit 134).
1
Jamie Muffett 27
Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10 PP
DOC.
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(1) "First off, I don't see what the big deal is. All those protesters ... what 1
do they care if one is put in. Don't like it, don't go in." (Vincent Kintobor,
Exhibit 1 -35). 1
(m) "... The proposed business meets all zoning criteria set forth by the
City of Yakima and I believe will help stimulate business in the area." (Robin K.
Thierolf, Exhibit 1 -36).
(n) "For years Union Gap was home to adult sex shop "Eves Garden" at
Hills Cafe location. Seemed to have no it [sic. — ill] effect on development of 1
Valley Mall. Hard to believe that a non alcoholic strip club would have worse
effects on area business." (Fred Thomson, Exhibit 1 -38).
(o) "... The owner of the club has just as much right to be there as any one 1
else. I do admit that the outside of such an establishment should be closely
monitored, but what goes on inside is the business of adult entertainment and 1
should be for adults to decide whether to enter or not. ..." (John Arrisola, Exhibit
1 -39).
(p) "... I would say to all the people going against the club to stop 111
complaining and live with it, you don't need to set foot in the club if you don't like
it." (Alissa Prado, Exhibit 1 -44). 1
(q) "As a taxpaying, property owner in the City of Yakima, I support free
enterprise and the right of a business owner to establish a legal business. I don't
agree with the negatives that many of the opponents are purporting. Unless there
is solid scientific data that adult businesses provide negative impacts to
surrounding property or the community as a whole, it must be ignored. ..." (John
Marvin, Exhibit 1 -58).
(14) In addition to testimony presented at the hearing, some credible written
comments submitted for the record also describe various details relative to the character
of the area surrounding the location of the proposed use:
(a) "We are very concerned about the potentially adverse financial impact 1
on our lessee's business, DBA: Color Tile. The distance between our building and
the proposed Strip Club is approximately 30 feet. ... We are positioned in an area
that is predominantly retail oriented. There is a bank located across the street
along with Top Foods, Office Depot and a Jack in the Box. Just north is
Performance Audio, Wendy's and Yakima Co -Op. South of us is the Valley Mall,
Jamie Muffett 28
Adult Business Application
2308 South 1s Street; #191332-32433
•
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
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' McDonalds Restaurant and various businesses on either side of the street. ..."
(Alton (Al) L. Maza, Susan C. Maza, Exhibit G -64).
(b) "The location chosen is right in the middle of some great shopping
' places. We have shoppers all over and kids. ..." (Rockney Briskey, Jr., Exhibit 1-
10). Y
r (c) "I really like COOP gasoline, TOP Foods, Best Buy, Office Depot, just
to name a few of the many businesses I shop at in that neighborhood. ..." (Julie
George, Exhibit 1.67).
(d) "... Now, there is a new Wendy's in the former empty Godfather's
location, and it seems to have a steady business. I have not researched the hours,
r but I believe Wendy's, across the street Jack in the Box and Kentucky Fried
Chicken .. plus nearby McDonald's, Burger .King,_. and Taco Bell have late hours.
TOP Food is also a 24 -hour store, as is possibly the Cruisin' Coffee stand. Many
of our teenagers work nights at these fast food places. ..." (Karen. Brown, Exhibit
1 -66).
' (e) "To make matters worse, Mr. Muffet [sic. - Muffett] wants to place his
Gentleman's club right next to retail and fast food establishments such as the
' Valley Mall, Miner's, Skateland Coldstone Ice Cream, Mercy Theaters, Jack -in-
the -Box and so forth. This retail area is visited daily and even more so on the
weekends by families, sports teams from across the valley, and visitors from
' surrounding counties. ..." (Sophia Trevino, Exhibit 1 -21).
(f) "We are the owners of Meredith Furniture and we have been located on
the corner of South First and Washington Ave for some 50 years. Meredith
r Furniture and Minors [sic. — Miner's] Drive -in are the ioneers to the area
P and
oldest established businesses. .." (Michael Shuel, Jan Shuel, John Shuel and
Darlene Shuel, Exhibit 1 -64).
(g) "...We own & operate Skateland Fun Center, 2506 Old Town Rd.,
' Union Gap. ... we operate a family oriented business & also do a huge amount of
business with our local schools. One of our `Big" concerns, is that we have kids,
that walk to, & from Skateland, that their route scurrently, passes the proposed
t location, as well as, families driving right passa{thereAo::our business & school
buses, as well. Not only do we feel this is not healthy; 'we have also had a lot of
our community voice this same concern to us, along hwith:'other hazards this kind
of business brings to that area, & to the city as well. As already stated, we do have
Jamie Muffett 29
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2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
DOC.
INDEX
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a number of adolescents walking right by that current location both to & from our 1
business, & we do have concerns for their safety!" (Kim & Connie Eisenzimmer,
Exhibit G -144).
(h) "... Consider the proposed location which is close to businesses where
families and children frequent such as restaurants and the skating. rink. ..." (Nina
Cordova, Exhibit G -79).
(i) "...I am firmly against a strip club in that part of Yakima, which has
finally been cleaned up and offers good shopping, restaurants, and family 1
activities nearby. ..." (Susan Ulmer, Exhibit 1 -33).
(j) "CenterCal Properties has invested millions of dollars in renovating, 1
updating and revitalizing Valley Mall. We have dedicated our capital and leasing
efforts to bring a major anchor, Kohl's, to replace the vacancy left by
Gottschalk's. Additionally, our ongoing leasing efforts strive to improve 1
experiences for our family oriented shopper and adolescents in addition to creating
jobs in the community. Strip club clientele would damage the mall's reputation,
business, and safety." (Fred W. Bruning, Chief Executive Officer, CenterCal
Properties, LLC, Exhibit 1 -51).
(15) The Hearing Examiner finds that the weight of credible testimony and written
comments presented relative to the character of the district and environment surrounding
the proposed location of the proposed adult business established that it is predominantly
characterized by family and tourist- oriented businesses which are frequented by
unusually large numbers of children, both with and without their parents, even at late
hours of the night.
(16) In order to determine the issue of compatibility of the proposed use at the
proposed location with the character of the surrounding district and environment, it is
necessary to determine whether the proposed adult business would likely have any
unusual or unique adverse secondary effects which would not be characteristic of other
commercial uses and which would make it incompatible with family and tourist - oriented
businesses in the district and environment surrounding its proposed location.
(17) Evidence consisting of authoritative pronouncements of the highest courts of
this nation and state bearing upon the subject of adverse secondary effects of adult
businesses was submitted in the form of testimony and exhibits presented by Senior
Assistant City Attorney Lawrence Wafters at the hearing (Exhibits H -3, H -8 & H -10).
That type of evidence was also submitted by the written comment of Miriam N. (Exhibit
Jamie Muffett 30
Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
11
1.
' H -15, on -line petition #345) and by the testimony of Elizabeth Benefiel relative to the
U.S. Supreme Court case of Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456
' (1991). That type of evidence was also submitted after the hearing while the record was
still open -:by Mr. Waiters at pages 1 and 2 of his June '14, 201.0, submittal entitled
"Compatibility and Adverse Secondary Effects." (Exhibit J -1, pages 3 -4). Authoritative
pronouncements in the record on this subject which are entitled to be accorded great
weight include those of the .U.S. Supreme Court in the case of City of Renton v. Playtime
Theatres; Inc.; supra. The Court in that case held at pages 50 -52 as follows:
"We think the Court of Appeals imposed on the city an, unnecessarily rigid burden
of proof. The record in this case reveals that - Renton° relied heavily on the
1 experience of, and studies .produced by, -the city of .Seattle: In Seattle, as in
Renton, the adult theater zoning ordinance was aimed at preventing the secondary
effects. caused by the presence of even one such .. theater in a given neighborhood.
See Northend Cinema, Inc. v. Seattle, 90 Wash.2d 709, 585 P.2d 1153. (1978)....
We hold that Renton was entitled to rely on the experiences of Seattle and other
cities, and in particular on the `detailed findings' summarized in the Washington
Supreme Court's Northend Cinema opinion, in enacting its adult theater zoning
ordinance. The First Amendment does not require a city, before enacting such an
ordinance, to conduct new studies or produce evidence independent of that already
i generated by other cities, so long as whatever evidence the city relies upon is
reasonably believed to be relevant to the problem that the city addresses."
' The concurring opinion of Justice Souter in the subsequent U.S. Supreme Court case of
Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456 (1991) was particularly
' instructive atpages 583 to 585:
"In .my view, the interest asserted by petitioners in preventing prostitution, sexual
assault, and other criminal activity, although presumably not a justification for all
' applications of the statute, is sufficient under O'Brien to justify the State's
enforcement of the statute against the type of adult entertainment at issue here. . .
' Of particular importance to the present enquiry, we held that the city of Renton
was ' not-•compelled to justify its restrictions : by studies - .specif cally= , relating to the
problemsahatwould be caused by adult theaters in that - city. < Rather-;;. `Renton was
entitled,to rely on the experiences of Seattle and ::other .cities 'a:. id.,'at:51, 106 S.Ct.
at 93.1,. which : ..demonstrated the harmful secondary_.effects::correlated with the
presence `of even one [adult] theater in a given neighborhood.'::. Id., at 50, 106
S.Ct., at 930; :cf. Young v. American Mini Theatres, Inc., 427 U.S.'50 71, n. 34, 96
Jamie Muffett' 31
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2308 South 1s Street; #191332 -32433
CL(2) #005 =10; REF #002-10; TCO #006 -10
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S.Ct. 2440, 2453, n. 34, 49 L.Ed.2d 310 (1976) (legislative finding that `a 11
concentration of `adult' movie theaters causes the area to deteriorate and become a
focus of crime'); California v.. LaRue, 409 U.S. 109, 111, 93 S.Ct. 390, 393, 34 a
L.Ed.2d 342 (1972) (administrative findings of criminal activity associated with
adult entertainment).
The type of entertainment respondents seek to provide is plainly of the same a .
character as that at issue in Renton, American Mini Theatres, and LaRue. It
therefore is no leap to say that live nude dancing of the sort at issue here is likely
to produce the same pernicious secondary effects as the adult films displaying
`specified anatomical areas' at issue in Renton. Other reported cases from the
Circuit in which this litigation arose confirm the conclusion. See, e.g., United
States v. Marren, 890 F.2d 924, 926 (CA7 1989) (prostitution associated with
nude dancing establishment); United States v. Doerr, 886 F.2d 944, 949 (CA7
1989) (same). In light of Renton's recognition that legislation seeking to combat
the secondary effects of adult entertainment need not await localized proof of
those effects, the State of Indiana 'could reasonably conclude that forbidding nude
entertainment of the type offered at the Kitty Kat Lounge and the Glen Theatre's
`bookstore' furthers its interest in preventing prostitution, sexual assault, and
associated crimes. Given our recognition that `society's interest in protecting this
type of expression is of a wholly different, and lesser, magnitude than the interest
in untrammeled political debate,' American Mini Theatres, supra, 427 U.S., at 70,
96 S.Ct., at 2452, I do not believe that a State is required affirmatively to
undertake to litigate this issue repeatedly in every case. The statute as applied to
nudity of the sort at issue here therefore satisfies the second prong of O'Brien."
Justice Souter further explained at pages 5.85 to 586 of the Glen Theatre case why
attributing adverse secondary effects such as prostitution to establishments offering nude
dancing and seeking to curb such secondary effects is content - neutral and does not
suppress free expression:
"To say that pernicious secondary effects are associated with nude dancing
establishments is not necessarily to say that such effects result from the persuasive
effect of the expression inherent in nude dancing. It is to say, rather, only that the
effects are correlated with the existence of establishments offering such dancing
without deciding what the precise causes of the correlation actually are. It is
possible, for example, that the higher incidence of prostitution and sexual assault
in the vicinity of adult entertainment locations results from the concentration of
Jamie Muffett 32
Adult Business Application
2308 South l Street; #191332-32433
CL(2) #005 -10; REF #002-10; TCO #006 -10
a
1
1
1 crowds of men predisposed to such activities, or from the simple viewing of nude
bodies regardless of whether those bodies are engaged in expression or not. In
neither case would the chain of causation run through the persuasive effect of the
1 expressive component of nude dancing."
(18) Justice Souter's recognition that live nude dancing is likely to produce the
1 same pernicious secondary effects as the adult films displaying "specified anatomical
areas" at issue in Renton is particularly instructive in the context of this application.
Also relevant and of extreme concern in the context of this application is Justice Souter's
recognition that Federal'Circuit Court of Appeals cases which have held that prostitution
is associated- with live dancing confirm the conclusion that live nude dancing is likely to
- 1 produce the same pernicious secondary effects as the adult films at issue in Renton. -
(19) In addition to these pertinent pronouncements of the highest courts of this
nation and state, Senior Assistant City Attorney Lawrence Waters submitted a May 6;
• 2007, study of Professor Richard McCleary of the University of California at Irvine
entitled Crime- Related Secondary Effects of Sexually- Oriented Businesses, Report to the
City Attorney, City of Los Angeles, CA. He also submitted an August 15, 2007, study of
Dr. Valerie Jenness, Professor Richard McCleary and Dr. James Meeker entitled Report
to the County Attorney, Palm Beach County, FL. Exhibit J -1. The owner of the property
1 about 30 feet north of the proposed adult business, Al Maza, also submitted the same
study of Dr. Valerie Jenness, Professor Richard McCleary and Dr. James Meeker entitled
Report to the County Attorney, Palm Beach County, FL. The conclusions stated in the
Los Angeles study which are relevant to the applicant's proposed use include the
following:
"Opinion 1: The criminological theory of ambient crime risk, known as the.
`routine activity theory,' predicts that SOBs [sexually oriented businesses] have
large significant crime- related secondary effects. The effect is the product of three
factors.: (1) SOBs draw patrons from wide catchment areas. (2) Because they are
disproportionately male, open to vice overtures, reluctant to report victimizations
to the police, etc. SOB patrons are "soft" targets. (3) The high density of "soft"
targets at the ° site attracts predatory criminals, including vice purveyors who
dabble in crime and , criminals;.who pose as vice purveyor in order: to lure or hill
1 victims:
1
Jamie Muffett 33
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CL(2) #005 -10; REF #002 -10; TCO #006 -10
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Opinion 2: In the last thirty years, empirical studies employing a wide range of 11
quasi- experimental designs have found that SOBs have large, significant crime -
related secondary effects. 0
Opinion 3: Given that strong criminological theory predicts the effect, and given
that the prediction is corroborated consistently by the empirical literature, it is a a
scientific fact that SOBs pose ambient crime risks.
Opinion 4: Since the theoretical risk factors specified in my first opinion are
common to all SOB subclasses, all are expected to pose ambient public safety
hazards. The qualitative nature of the hazard may vary by subclass nevertheless.
This will occur when the defining characteristic of a subclass creates opportunities
for a particular type of crime; or when the characteristic interferes with routine
policing strategies." (Exhibit J -1, pages 1 -2 of Los Angeles study).
(20) The conclusions stated in the Palm Beach County study of Dr. Valerie 0
Jenness, Professor Richard McCleary and Dr.. James Meeker entitled Report to the
County Attorney, Palm Beach County, FL. which are relevant to the applicant's proposed
use include the following:
• "The criminological theory of secondary effects predicts that sexually- oriented
businesses (SOBs) will have large, significant crime - related secondary effects.
This occurs because SOBs draw customers from wide catchment areas. Because
these customers are disproportionately male, open to vice overtures and reluctant
to report victimization to the police, offender see them as "soft" targets. The high
density of "soft" targets near SOBs attracts offenders of two types: vice purveyors
who dabble in crime and criminals who promise vice in order to lure or lull
potential victims.
• Crime - related secondary effect studies, using a range of designs and and [sic.]
variables, demonstrate that SOBs have large crime - related secondary effects. 1
• In light of the strong theoretical expectation and extensive empirical corrobo-
ration, it is a scientific fact that SOBs pose ambient crime risks." 1
(21) Even though some of Mr. McLaughlin's comments and studies question the
consistency of some of Professor McCleary's studies, he does not ,level that particular
attack at all of his studies. He stated at page 1 of his June 18, 2010, letter as follows:
"Dr. McCleary's work for Los Angeles marks a draconian change from his
generally consistent previous opinions and testimony."
Jamie Muffett 34
Adult Business Application
2308 South 1S Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
11
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1 (22) Mr. McLaughlin acknowledges the fact that a number of academics who
agree with Dr. McCleary's studies have joined him in developing a "secondary effects
research" website, but he implies, without any substantiation, at page 2 of his June 18,
2010, letter that those other academics are not utilizing their own independent knowledge
and intellect to reach the same results:
1 " http : / /secondaryeffectsresearch.com is a web site developed by a number of
academics, including Dr. McCleary, who claim to, have conducted research that
demonstrates that Adult Uses cause unusual adverse secondary effects. This entire
effort is tainted by Dr. McCleary results - driven research and lack of truthfulness."
(Exhibit J -2, page 2 of letter).
a (23) Even though Mr. McLaughlin is suspect of the research conducted by
academics who have developed a secondary effects research website with Dr. McCleary,
he did concede as follows at page 5 of his first letter which was submitted at the hearing
a that many courts have found that sexually- oriented adult uses cause unusual or unique
adverse secondary effects:
1 "There is no question that there is a body of documents that purport to find that
sexually- oriented Adult Uses cause unusual or unique `adverse secondary effects.'
•
. There is also no question that numerous courts have accepted this premise."
(Exhibit H -6, page 5 of letter).
(24) The remaining argument submitted by Mr. McLaughlin relative to this adult
a business application is to the effect that adverse secondary impacts should be considered
only for those existing uses within 500 feet of the proposed site because that is the
spacing distance prescribed for protected. uses in the City's ordinance. (Exhibit H -6,
pages 8 =9). He reasons that the ordinance itself sets the relevant 500 -foot distance
because fast -food restaurants should be afforded no greater protection against adverse
secondary,:- impacts, related to adult businesses than the protected uses listed in the
ordinance. The Examiner notes that the study area consistently used by Mr. McLaughlin
is a geographic ., block, including the entire block -where the adult business would be
1 located, . plus the uses fronting the street on the opposite side of the street. ( "Land Use
Impact Analysis Area Comparison Protocols," pages 13 -15, Prepared by McLaughlin
Consulting Services, Inc., Exhibit J-2). Depending on how that is applied here, it could
e encompass =:more uses than those within 500 feet of the proposed location. A greater
distance than either of those would be proper in this situation if the concentration of soft
Q targets at the proposed adult business were likely to draw prostitutes from outside the
Jamie Muffett 35
Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10 .
DOC.
IND O_
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1
area to the parking area or sidewalks near the proposed location. Then the adverse
secondary effects, the visible presence of prostitutes dressed in a way to attract the
attention of men, would affect all the businesses between the hotels where they could be 1
expected to stay south of the Valley Mall and the proposed location. In that case, the
adverse secondary effects would not be limited to 500 feet from the proposed location or
to the block and opposite block face surrounding the proposed location. But, in any event,
even if the 500 -foot limitation were applied to this situation, the proposed use would
cause adverse secondary effects to the various family and tourist - oriented uses within 500
feet of the proposed location which under the weight of credible court authorities, studies,
testimony, written comments and other evidence submitted for this proceeding would
make it incompatible with the district and environment surrounding its proposed location. 1
(25) Although Section 15.09.200 of the City's zoning ordinance fails to list the
studies and case law relied upon for its findings as noted by Mr. McLaughlin at page 5 of
his letter submitted at the hearing, the following language of .Subsection 15.09.2OO(A) of
the ordinance clearly evinces a reliance upon studies and/or case law which conclude that
adult businesses cause unusual or unique adverse secondary effects:
"... The purpose and intent of requiring standards for adult business uses is to
mitigate the adverse secondary effects caused by such facilities and to maintain
compatibility with other land uses and services. ... Adult business uses are
recognized as having objectionable operational characteristics, particularly when
they are aggregated in one area. Since these uses have a harmful effect upon
adjacent uses, and residential and commercial uses in particular, special regulation
of adult business uses is necessary to avoid adverse effects arising from adult
businesses so they will not contribute to the blighting or downgrading of the
surrounding neighborhood."
The regulation of adult business uses was accomplished in part by adoption of Subsection
15.09.200(C)(1) of the adult business ordinance which reads as follows:
"C. Permitted Uses. Adult business uses shall be permitted subject to the
following conditions:
1. Adult business uses shall be considered Class (2) uses, requiring Type II
review, in and only in the CBD (central business district), GC (general
commercial) zoning districts; and as a Class (3) use, requiring Type (3) review, in
and only in the M -1 (light industrial) zoning district when applicable development
standards of this section are met."
Jamie Muffett 36 1
Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
(26) In addition to the arguments presented by the City's legal counsel, the
testimony of the other 33 people who testified in opposition to approval of the proposed
adult business described in specific terms the likely adverse secondary effects of the
a proposed adult business such as increased crime, which in the proposed family and
tourist - oriented 'location would result in a loss of business, which in turn would result in a
decrease in property values and blight. Testimony which addressed subjects was (i)
based on the commenters' personal observations of adverse secondary effects of such
businesses located in this city or elsewhere in the past, or (ii) .based on reliable reports of
such adverse secondary effects of such adult businesses in other cities or states, or (iii)
based on authoritative determinations of courts or studies in other cities or states, or (iv)
based on their experience and knowledge of the subject . accumulated over time from
sources they did not identify. Examples of these types of credible testimony set forth in
the order in which the witnesses testified are as follows:
(a) Planning Manager Joan Davenport testified authoritatively as an expert
in the field of urban planning. She indicated that the issue of compatibility is a
significant factor in the Planning Division recommendation and the Hearing
Examiner's decision. She summarized concerns expressed about compatibility
received from owners and operators of the businesses in the district and
environment surrounding the proposed adult business. She . characterized those
comments as generally describing concerns about increased crime in that area and
a loss of business for existing family- oriented and tourist friendly businesses in
that area. The ultimate concern from these negative impacts would be that the
very viable family- oriented and tourist-friendly district and
y environment
surrounding the proposed location of the adult business would transition to an
1 undesirable market area, and following that concern, that vacant buildings would
result as businesses left the area creating a blighting effect.
D (b) Associate Planner Vaughn McBride also testified authoritatively as an
expert in the field of urban planning. He named five fast -food restaurants within
500 feet of the proposed adult business location and five more within 1,200 feet of
the proposed- location. He also indicated that many; other, family- oriented uses
exist within ;the •area, including the Valley Mall which is within ==1,200 feet of the
D proposed .location. He testified in accordance with his staff report that there is no
question: that -there would be significant secondary negative effects upon both the
propertyYvaluesand the businesses which surround the site
Jamie Muffin 37
Adult Business Application
2308 South 1 Street; #191332-32433
CL(2) #005 -10; REF#002 -10; TCO #006 -10 ■tea-
DOCC
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(c) Elizabeth Benefiel pointed out how the U.S. Supreme Court decision in
the Barnes v. Glen Theatre case, particularly the concurring opinion of Justice
Souter, recognized the pernicious effects of such establishments such as 1
prostitution, sexual assault and other crimes associated with them. She indicated
that those adverse secondary effects in an area of family- oriented businesses •
would be detrimental not only to the businesses themselves, but also to the public
safety. She believed that the Top Foods grocery store and fast -food restaurant
directly across the street are open during most of the hours when this proposed
establishment would also, be open. She also indicated that she would no longer
feel safe frequenting those businesses with an adult business in the proposed
location.
1
(d) Bruce Miller testified as the owner of a retail building about 500 feet
from the proposed location [though none of the witnesses indicated if the
measurement was from the property line as specified by the ordinance or from the
building itself]. He testified that all six of his tenants, including Subway
Sandwiches and a dentist who has elderly patients, are concerned about their
customers and patients avoiding their businesses because of the negative
perception they have of the proposed adult business. He further testified that a
potential tenant who has been negotiating the terms to lease a space has told him
that the company will discontinue negotiations if the proposed adult business is
approved. He said that perception alone of the proposed adult business will, if it is
established, have an immediate detrimental effect and will almost certainly initiate
a downward trend in values.
(e) Kirk Groenig testified that you don't have to look very far to find a
decrease in property values from the location of an adult business in the area. It
has happened in other communities.
(f) Michele Strobel likewise testified that the increase in crime that would
result from the adult business would decrease property values.
(g) Tim Pritchard who has worked in big construction in this area for the 1
last ten years does business with Color Tile and recommends people go to their
business because he thinks they are reputable. He said, however, that he surely 1
would not recommend that people go to the strip club, or Color Tile either, if the
adult business is allowed to be there. It's a fact that the adult business would have
an economic impact on the businesses around the area where it would be located. 1
Jamie Muffett 38 1
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CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
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1 (h) Lori Rainford testified that she will not patronize the businesses that
operate in the area of the adult business, including the Valley Mall and Miner's
Drive -In even though she loves to shop at the Valley Mall and eat with her family
e at Miner's Drive -In.
(i) Scott Rainford testified that sports teams stop at Miner's late at night
1 and go to Jack in the Box if there is no room for them at Miner's, .that there are
teams and kids all around that area.
III (j) Michael Fisk testified that he knows local business owners who have
threatened to leave the area if the strip club is established in the ro osed location.
P P
He also knows individual people who have threatened to boycott doing business in
II • Yakima as well if it is established where proposed.
(k) Al Maza is . the owner of the property where Color Tile operates its
O business about 30 feet north of the proposed adult business location. Their
business is predicated on their ability to sell floor coverings of all kinds to
homeowners. Many of them have children and bring their children to the store
II with them. The owners of that business have set aside a play area for children
while their parents browse. He fears for the survival of Color Tile and believes
that the possibility of a citizen's boycott of local businesses in the area is very real.
I Individuals and groups have indicated to him that they will not come to Color Tile
or other local businesses in the area if the adult business is established in the
II proposed location.
(1) Kennedy Rainford testified that she believes the proposed strip club
would bring more violence and that she has seen 16 and 17- year -old guys walk
1 , into a porn video store.
(m) Denise Clement testified that Mr. Sandlin cannot provide proof that
a the strip club would be correctly run without problems and that she does not want
this type of influence on her children and grandchildren who frequent the mall,
I restaurants, Skateland and other establishments in that area.
(n) Sandra Jansen testified that she lived in Seattle ;: for 20 years and
watched the degredation of the various areas over there where they have had strip..
1 clubs for years and where they were just recently able to prosecute, the long-time
owners of those strip clubs.
1
Jamie Muffett 39
Adult Business Application
2308 South l Street; #191332- 32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10 �+
1 DOC.
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Il # 4/4 ,
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1
(o) Cathy Floyd testified that she has a large family, including 16. 1
grandchildren, and that she will absolutely not take her family to McDonald's or
Miner's and will completely bypass that district if the adult business is approved 1
in the proposed location.
(p) Carol Janshen testified that she thinks they are probably hoping that
this will attract wealthy men who have the ability to put money on the table for
what they want. She will not be patronizing the businesses in the area of the
proposed strip club if it is established. 1
(q) Tony Rizzo, regional manager for Subway Sandwiches, testified as to
the revenue source provided by the sports teams that frequent Miner's, Subway 1
and Jack in the Box. A lot of revenue is generated that way and he knows if the
adult business is established in the proposed location, buildings are going to be
closed. 1
(r) Linda Crow testified that she has often been at SeaTac and in other
countries with businesses like that around and that she has seen that it looked
desolate around them.
(s) Dianne Jongeward testified that she was born and raised in the Yakima
Valley and remembers when prostitutes walked the streets. When she told her 1
mother what was going on, her mother was shocked because back in the early `70s
she fought the good fight to clean up Yakima, and just the thought of going
backwards is not good.
(t) Kim Eisenzimmer testified that she is the owner of Skateland Fun
Center in Union Gap which is a family- oriented business. She has already heard 1
comments from parents that they would be reluctant to bring their kids to
Skateland since it would be close to the adult business location if it is approved.
(u) Rita Hochrein testified that she often brings her kids to Skateland for
parties, but that she will not bring her kids or family to that area if the adult
business is approved in the proposed location. She will go to the Tri- Cities to do
her shopping.
(v) Lori Nay testified that she manages an Edward Jones office across the
street to the south of the proposed adult business location. If it is established, she
will no longer feel safe and secure at her place of business after hours. She
Jamie Muffett 40
Adult Business Application
2308 South Is' Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
11
1 believes there will be decreased business in the area and businesses moving
elsewhere.
(w) Kathie Fitzpatrick testified that she thinks she remembers the first strip
club that went into North Beach in the 1960s, and it did breed crime. She said the
secondary effects of an adult business cannot be played down because they are
1 real, that they propagate a lot of crimes, including prostitution.
(x) Kasandra Bailey testified that she is one of the owners of Color Tile. It
is a family -owned business which has been in the present location since 1992. Its
main customer base is also family - oriented. They have teenage sons. They offer
summertime positions to high school and college -aged individuals. They have had
1 several customers who have made comments 'to them to the effect that if the strip
club is established, they will stop ' doing business with their establishment and with
any of the surrounding establishments located in that area.
(y) Kelly Kirschner testified that he is the property owner two doors down
who owns the Performance Auto Sound business. It is a family business which
1 has been in that location for over 20 years. He . is responsible for choosing
locations for the stores in that chain throughout Central Washington and knows
that an adult business in the area would make it very incompatible with their type
a of business. Generations of customers come into ,the store, but customers have
indicated they would probably find it a very undesirable area with an adult
O business nearby. That aspect causes him concern as to property values.
(z) Kerry Cody testified that there definitely would be an increase in crime
if the adult business is established, which she indicates is shown by police reports
D regarding the applicant's existing bar in Zillah.
(aa) Susan Maza testified that discussions with surrounding business
1 owners, tenants and their customers lead her to believe that a strip club in the
proposed: location next to their property 'where the Color Tile business is located
would be detrimental to their customer base. Customers and citizens have told
them that they would not be comfortable in an area where a strip club is located.
She therefore knows that .their property values will decline if the strip club is
a established. She presented . petitions in opposition to the application containing
935 signatures.
(bb) David Walker testifie&that the proposed location is a very high traffic
area for families because of the eating establishments and shopping establishments
Jamie Muffett 41
Adult Business Application
2308 South 1s Street; #191332- 32433.
CL(2) #005 -10; REF #002 -10; TCO #006 -10
®®C.
INDEX
#214-
1
1
frequented by children and that he would not, as a father of seven children, want to 1
drive by and explain the strip club to them.
(27) The Examiner counted, give or take, 173 written comments from the public
in opposition to the proposed adult business, plus 223 written comments added to the
on -line petition language in the comment areas, plus 37 written comments requesting
only to be made parties of record and 1,386 people signing one of several petitions in
opposition to the proposed adult business. Many of the written comments expressed
concerns about adverse secondary effects of the proposed adult business such as
increased crime,, which in the proposed family and tourist- oriented location would
result in a loss of business, which in turn would result in a decrease in property values
and blight. Written comments which addressed these subjects were (i) based on the I
commenters' personal observations of adverse secondary effects of such businesses
located in this city or elsewhere in the past, or (ii) based on reliable reports of such
adverse secondary effects of such adult businesses in other cities or states, or (iii)
based on authoritative determinations of courts or studies in other cities or states, or
(iv) based on their experience and knowledge of the subject accumulated over time
from sources they did not identify. Examples of the first type of credible written
comments are as follows:
(a) "I was born and raised in Yakima and remember as a young girl and
teen seeing prostitutes walking Front Street and First Street. It was just tacky, to
say the least. Our city finally put a stop to it and cleaned up our downtown. Our
town has so much potential and I do not want to see Yakima go the wrong
direction again. Since we are trying to "revitalize" Yakima, then let's bring in
some family friendly and out -of -town guest friendly things to offer for
entertainment! I believe that bringing, allowing a business like this here will 1) be
a magnet for more crime, 2) look sleazy, 3) be a temptation that wasn't there
before, 4) cause stress in families, 5) feed addictions, 6) risk the safety of women, 1
7) cause more negative media for Yakima, 8) be a negative for "good" businesses
to want to come here, 9) be one more thing we have to keep fighting." (Connie
Dianne Jongeward, Exhibit H-15, on -line petition #34).
(b) "Having a strip club in Yakima will create the breeding grounds for
even more destructive elements in our town -- I know this from working as a
waitress at `Rick's' strip club in Seattle.
Rick's is a mecca for prostitution and drug abuse. Most dancers are struggling
single mothers who pay expensive nightly dance fees. It can be difficult to sell lap
Jamie Muffett 42
Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
11
dances, so almost all dancers owe `back rent', which can be reduced...if they sleep
with the owner.
Some women make sex deals during lap dances and thesex are carried out
1 in the club or in the parking lot. Condoms are often found in seat and bench
cushions. To cope with this, dancers turn to every kind of drug in the book — these
they smoke, snort, or swallow in the bathroom while crying about how awful their
lives are.
Despite the Washington State law that bans alcohol sales in strip clubs, almost
all the patrons are - intoxicated and/or high upon arrival and carry flasks in their
pockets. All this drunkenness and drug abuse have the police called in constantly.
1 I moved here recently to try to provide a more wholesome'atmosphere for my
teenage daughter, having a strip club near the mall (her favorite hangout) is the
worst placement possible." (Sara Wrenn, Exhibit 1 - 30).
I ( c ) "I lived in Orlando, Florida for three years prior to moving to Yakima
w firsthand how this type of establishment degraded the community there.
Orlando is often thought of as a resort community with Disney World but it
definitely has another side that is filled with crime. I think these establishments
clearly contributed to that influence in Orlando community. ...Also as a physician
I when living in Florida I saw as patients some of the dancers who work that [sic. -
at] these establishments. Although these same rules applied about a no contact
with the dancer, they were frequently solicited for sex which supplemented their
a income (untaxed I might add). There was often a concern for sexually transmitted
infections as well as unwanted pregnancies." (James Zingerman, M.D. Exhibit I-
28).
e (d) "...I have been in Florida, California, Western Washington, Oregon
and Georgia. The introduction of strip clubs creates a haven for drug pushing,
prostitution and many other crimes. ..." (Michael S. Phelps, Exhibit H - 15, on - line
petition #518).
Q (e) "1. A. stripper club will bring more crime.... People shot, stabbed, or
robbed in the' parking lots? I lived in Las Vegas, NV. for 18 years; and have seen
all of the above." (Peter Eastman, Exhibit I -19).
1 (f) "...The college I went to in Oklahoma city'had..two"strip clubs less then
[sic. - than] , a mile from my school.. Every building' and business, -on that street
looked trashy: ..." (James Kephart, Exhibit G -15).
• Jamie Muffett 43
Adult Business Application
2308 South 1' Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10 ,�+
' ® ®C.
INDEX
1 # 44
1
1
Examples of the second type of credible written comments from members of the public 1
based on reliable reports of such adverse secondary effects from such adult businesses in
other cities or states are as follows: 1
(a) "...Unfortunately, of the hundreds of pages and numerous articles I
read, I found only that the clubs serve to ultimately bring economic ruin to any
area in which they take root and that they are a source of great public expense in
law enforcement.
The most blatant reports of what actually transpires .within the confines of the
club /aka strip joints are that prostitution and criminal activities run rampant. The
club owners /managers know the law regarding the operation of clubs but refuse to
obey. I reference the recent investigation of the Colacurcio empire (labeled a 1
`criminal organization' by investigators) in the Seattle area. Please leaf through
the copies of the investigation included here (I enclosed only a few pages of the
100 available online, courtesy of the Seattle Times). ..." (Eloise Mellotte, Exhibit
1 -1).
(b) "All you have to do is look at the article in the Herald regarding the
strip club just shut down in the Seattle area, it was a known prostitution ring and
actually was affiliated with drugs and crime figures..:." (Roberta J. Dellinger,
Exhibit H -15, on -line petition #568). •
(c) "Three associates of Seattle strip club boss Frank Colacurcio Sr. pleaded
guilty Wednesday to racketeering and prostitution charges as part of a deal that
will result in four notorious clubs being shut down or demolished." (Gene
Johnson, The Associated Press, Exhibit G -151).
(d) "I believe it will lead to prostitution and other elements of crime.
Please see attached news clipping in regards to Seattle Strip clubs...." (Carol
Rieve, Exhibit G -151).
(e) "I am enclosing part of an article from `Citizen' magazine, which
touches on reasons for restricting strip clubs — health, safety, welfare and how 1
obscenity, prostitution and sexual exploitation of children are tied together."
(Karen Aal, Exhibit G -155).
(f) "Just last month 4 strip clubs in the Seattle area were shut down for 1
racketeering and prostitution. I feel the same situation is going to happen with this
club." There is ample evidence that such clubs attract more crime. We have our
hands full now without inviting more. Besides, we moved here because of the
Jamie Muffett 44
Adult Business Application
2308 South P' Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
family friendly environment. Let's keep it that way." (Elizabeth G. Benefiel,
Exhibit H-15, letter and on -line petition #460).
t Examples of the third type of credible written comments from members- of the public
based on authoritative determinations of courts in this or other jurisdictions; or studies in
other cities or states, are as follows:
(a) "...WHEREAS, the City Council is concerned about the impacts that
may be suffered upon Union Gap's citizens and businesses if the adult
' entertainment business 'does open and operate at the proposed location. Of
particular concern is the proximity of the proposed site to the Valley Mall, which
•
draws many young people to it for shopping and other activities;
WHEREAS, ` it has been clearly established and accepted by our Washington
State and Federal Courts that adult entertainment businesses generate `adverse
secondary impacts'. Several jurisdictions within the state have documented and
t made findings concerning such adverse impacts generated from adult businesses
within those jurisdictions, including the cities of Spokane, Lakewood, Federal
Way, Shoreline, Tukwila, and Lake Forest Park, Washington; ...
WHEREAS, without such regulation and zoning code provisions, and even in
the face of such regulations, significant criminal activity has historically and
regularly occurred in adult entertainment businesses. This history of criminal
activity in the adult entertainment industry has included prostitution, illegal
employment of minors, narcotics and alcoholic beverage law violations, breaches
of the peace, tax evasion and the presence within the industry of individuals with
hidden ownership interests and outstanding arrest warrants;
' WHEREAS, the adverse secondary impacts generated by an adult
entertainment business in close proximity to the City will be detrimental to the
public health, safety, morals, and general welfare of the citizens of the City of
Union Gap; ...
...The City of Union Gap opposes an adult entertainment business with a
proposed location on S. 1 Street near the City of Union Gap. ... (Resolution No.
873 of the Union Gap City Council, signed by Jim Lemon, Mayor, Exhibit H -9).
(b) "I am_ writing today to support Resolution No. 873 which expresses
' opposition to the'opening of an adult entertainment business (strip club) at 2308 S.
First: °St. in Yakima, , Washington. The proposed establishment is less than half a
mile from Valley Mall; a.property owned and managed by CenterCal Properties.
' Jamie Muffett 45
Adult Business Application.
2308 South ls Street #191332- 32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
DOC.
INDEX
1
24-1
1
1
Opposition of this proposed club attempts to control the negative secondary '.
effects in the Yakima , caused by sexually oriented businesses as
related but not limited o illegal drugs, human trafficking, prostitution, domestic
violence, underage teens and minors engaged in illegal activities and the
continuing criminal enterprises associated with adult entertainment. Per the
attached study on the correlation of strip clubs to sexual violence, 18 of the 18 1
study participants (100 %) suffered from physical and verbal abuse.
CenterCal Properties has invested millions of dollars in renovating, updating
and revitalizing Valley Mall. We have dedicated our capital and leasing efforts to
bring a major anchor, Kohl's, to replace the vacancy left by Gottschalk's.
Additionally, our ongoing leasing efforts strive to _ improve experiences for our
family oriented shopper and adolescents in addition to creating jobs in the
community. Strip club clientele would damage the mall's reputation, business,
and safety." (Fred W. Bruning, Chief Executive Officer, CenterCal Properties, 1
LLC, Exhibit 1 -51).
Examples of the fourth type of credible written comments from members of the public
based on their experience and knowledge of that subject accumulated over time from 1
unstated sources are as follows:
(a) "Yakima is already full of enough crime. I believe bringing a strip club
to Yakima will bring more crime, drugs, prostitution, and negative people into the
town. They want to beautify the Yakima/Union Gap area, and attract visitors,
right? By adding a strip club, it will attract the wrong kind of people, and keep
parents with kids from wanting to bring their kids here to shop, play, and
vacation." (Lisa Jane Meier, Exhibit H-15, on -line petition #21). 1
(b) "...First of all, opening this a few blocks away from the Valley Mall
and Skateland is just plain wrong. The strip club would obviously lure pedafiles
[sic. - pedophiles] to it which in turn would lead them to "watching" the children
who are mostly unsupervised by their parents at Skateland. ..." (Stephanie Koszty,
Exhibit G -61). '
(c) "...The fact that the areas around strip glubs [sic. - clubs] usually
become less - than -safe due to suspicious activities that take place in/around strip
clubs. Even though there might be laws against prostitution, drug use /sale strip
clubs by nature foster such behavior. ... (Victor Vega, Exhibit G -29).
Jamie Muffett 46
Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
•
1
1 (d) "It, will increase crime and a burden on our already overtaxed police
department." (Mr. and Mrs. Dayle Champ, Exhibit 1
1 (e) "...Any perceived `economic benefit' would be greatly outweighed by
the long term increase in crime...." (Denise Clement, Exhibit G - 5).
(f) "We have enough problems in this town, without opening another door
of opportunity for crime, and indecent behaviour [sic. behavior] which is a
vicous [sic. -. vicious] cycle and promotes prostitution and other acts. ..." (Shan
Gray, Exhibit G -27).
Many of the written comments. ;from members of the public in opposition to approval of
I the proposed adult business confirmed from own personal knowledge, .. due to actions
which they themselves can ..control, the fact ,that the - adverse secondary effects of the
proposed adult business would result in a loss of business and customers in the district
and environment surrounding the proposed location, which in turn would result in a
decrease in property values and blight. Examples of those written comments are as
follows:
1 (a) "Besides the fact that strip clubs are disgusting places that degrade
women, it will lower the value of the area around it and I personally will not shop
' at any store that is near such a place. I have 3 small children and would not want
to expose them to such disgusting behavior. I also fear that crime would increase
in that area (prostitution, drugs)." (Dr. Tyler E. Bauer and Jennifer L. Bauer,
Exhibit I -24).
(b). "...If the strip club is allowed to move into the South First street
address, we will cease doing any business in that area.... (Don and Cheryll
Smith, Exhibits G - 6, G - 66 & H - 16).
(c) "...Do you really want me shopping out of town to avoid the mall? ..."
(Dennis Wilson, Exhibit G -127).
(d) "...In our estimation it definitely is not the right location for that type
1 of establishment. '...Not only would this affect our community negatively but it
would keep me from shopping at any of the nearby businesses :because I don't
' want to be near it nor do "want my-family near it." (Kim Button, Exhibit 1 - 5).
(e) "We are= writing to let you know that we strongly y o oppose the
establishment of a strip club °in'Yakima and that we will not °patronize businesses
in the vicinity of such a club. ' (Sandra and Stuart Simmons, Exhibit 1 -59).
' Jamie Muffett 47
Adult Business Application
2308 South l Street; #191332 - 32433'"
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1 DOCo
INDEX
1
(f) "If the Gentlemen's Club opens I will avoid that area of town and also
avoid shopping at nearby stores because I wouldn't want my children to be near
there." (Heidi Lewis, Exhibit 1 -8).
(g) "I wish to convey my displeasure at the plans for having a gentleman's
club going in next to Color Tile. I do not want to be shopping next to a place that
has that sort of seedy behavior going on. My children don't need to see that sort
of thing. I believe we need to keep then [sic.- these] sorts of businesses away from
our family centered shopping areas." (Mary Thompson, Exhibit 1 -9). 1
(h) "We are writing to let you know that we strongly oppose the
establishment of a strip club in Yakima, and that we will not do business anywhere
in the vicinity of such a club... ,A strip club is a business only in the sense that
prostitution, selling . stolen goods, and drug dealing are business ventures..."
(Sandra Simmons and Stuart Simmons, Exhibit G -153).
(i) "However, there is a place for everything and this particular business I
do not see as a good fit for this area. I have two young children, who come with
me on shopping trips, to get ice -cream and to have dinner in and around this area
and if this type business opens up where it is currently planned, I also have the
right and will most definitely take my patronage elsewhere as will many of the
other families I have spoken to about this issue." (Kathleen Silvernail, Exhibit 1-
15).
(j) "We feel it is inappropriate and anti - community and would be a
detriment to the surrounding businesses. We would not patronize the businesses
that are in close proximity and feel it unfair , to bring such a low class
establishment into our community." (Larry and Eileen. Connell, Exhibit 1 -18).
(k) "I know personally that I will no longer allow my own kids (as well as
myself) to visit this retail area if a strip club is located near these establishments. I
have no problem traveling to the Tri- cities to take my kids shopping or for a day of
hanging out and enjoying time together." (Sophia Trevino, Exhibit 1 -21). 1
(1) "I would not shop the nearby stores as I do not want my children near
such a place." (Deborah Ryan, Exhibit 1 - 22).
(m) "I heard that there is a decision to possibly have a g entlemen's club
placed in an area I frequent with my family in Union Gap often. I would not feel
comfortable bringing my wife and kids to that general area and the businesses that
Jamie Muffett 48
Adult Business Application
2308 South l Street; #191332-32433
CL(2) #005 -10; REF #002 -10; TCO 4006 -10
1
1
1 I go to down there (restaurants, hobby shop, color tile, .food market area) if that
club were granted permission. I live in West Valley and think that people really
need to consider the major negative consequences of having such an establishment
1 in an area that is so heavily visited with those that would find it offensive in the
future. I know that it can't be banned altogether, but it just seems that they ought
1 to find an area further out that will not negatively impact so many people that
don't want to be involved with it. Thought I'd send' you my opinion, an opinion
shared by many people I've talked with lately." (Eric Fillmore, Exhibit 1 -23).
(n) "I will discontinue my trips to ANY stores that surround such a place.
To [sic. - Too] bad for the businesses that would be the neighbors of this whore
.
I house because I will not patronize there [sic. - their] establishments any more if
this goes through:" (Tanya C. Permann, Exhibit 1 -7).
(o) "... I am not a Yakima: resident, but do all my shopping in Yakima. The
1 thought of driving past this every time I come to shop makes me think that I
should start going to the Tri- Cities. I have 4 children from in the teens up to the
20's, two of them young men, and do not enjoy the thought of them being exposed
1 to this..." (Ruth Wise, Exhibit G -91).
(p) "The location chosen is right in the middle of some great. shopping
1 places. We have shoppers all over and kids. ...I don't want to see this filthy place
each time I goto [sic. — go to] nice places like home depot or best buy or jack in
the box or even close by there." (Rockney Briskey, Jr., Exhibit 1 -10).
1 (q) "I just do not understand how anyone could think nk putting a strip club at
2308 S. 1 Street is good business for that area. I happen to travel by that address
1 almost every time I come into town. I also frequent many of the businesses within
sight of 2308 S. 1 Street.
It saddens me to think that I would have to find an alternate route in order to
avoid exposing myself, my grandchildren and others riding with me to a strip club.
I really like COOP gasoline, TOP Foods, Best Buy, Office Depot, just to name a
few of the many businesses I shop at in that neighborhood.- . If a strip club were to
open by these businesses then they, along with others in the area, will loose [sic. -
lose] my business; not fair.to them or me and °myFfarnily andfriends.
This whole idea of a strip club across the street<<fromJack in the.Box, what are
they thinking ?" (Julie George, Exhibit 1 -67).
1
1 Jamie Muffett 49
Adult Business Application
2308 South ls Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1 DOC.
INDEX
# 44
1
1
1
(r) "With that type of business in our city, I would not feel comfortable 1
shopping with my children anywhere near that area and know that many mothers
feel the same way I do. I could not support the local businesses in that area if this
111
were to be approved. I feel it would hurt the city's economic potential besides
dragging down the caliber of city life in that area." (Michelle Ward, Exhibit 1 -17).
(s) "I really can't believe that you would allow this establishment to go in
right next to the mall. You do know that this will kill business and send that area
into more disrepair then [sic. - than] it was before. I for one will take my shopping
to the Tri- Cities if the stip [sic. - strip] club is allowed to open there. ..." (Suzanne
Bower, Exhibit G -92).
(t) "We all ought to be intelligent enough to learn from past histories. 1
Whenever these types of `sleaze' clubs (more truthful name) are introduced into a
community, other costly problems ultimately follow -- increases in crime,
prostitution, abuse of women, etc. ...My 19 year old said that he does not
appreciate that kind of business to pass by when he takes his friends to movies or
they go to First Street to shop, etc. It is especially inappropriate next to a home
improvement business, where husbands often go, and women with children in tow
to view or select products. Let us be realistic! Few wives would want to send
their husbands down to Color Tile anymore, and we, and well as many of our
friends we are aware of, will not go near there or other close -by businesses if the
sleaze club is put in." (Ray and Sharon Smith, Exhibit 1 -14).
(u) "I don't want to drive down First Street with my children in the car,
and have them see a place like that." (Lisha Abbott, Exhibit 15, on -line petition
#199). 1
(v) "...If its approved, I WILL move for sure." (Joan Broyles, Exhibit I-
32). 1
(w) ...Businesses of this type attract those into illegal drugs, illegal
gambling, prostitution among others. It lowers the value of the neighborhood and
has a negative impact on tourism. ..." (Ron Anderson, Exhibit G-115).
(x) "While some may claim that strip clubs are harmless and those who
dislike them may . simply stay away, the unfortunate truth is that such an
establishment has the potential to attract crime and drive away businesses and
citizens who do not wish to be associated with its activities.:.." (Eric Porter,
Exhibit G -123):
Jamie Muffett 50
Adult Business Application
2308 South l s ` Street; #191332-32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
1
1
1 (y) "This petition is signed by the following business owners and managers,
and property owners in the vicinity of the proposed strip club. We. feel . allowing
this business is a detriment to our retail shopping area and reduces values of our
•
businesses and property. It diminishes property values, discourages retail business
and encourages disrespect for women. Allowing such a business only inhibits the
1 more positive 'image we are . fighting for our community to obtain." (Petition
signed by one person, Exhibit H-15).
(z) "The following property owners, business owners and their managers
1 are all located in the vicinity of the proposed Strip Club. We believe a Strip Club
is detrimental to our retail shopping area and our customer base. We believe it
will discourage family shoppers and ,retail business in general. A Strip Club in
1 this area will not attract new businesses and will diminish property values, thereby
causing a loss of revenue . for us and ultimately the cities of Yakima and Union
1 Gap. A Strip Club will only add another blemish to the City of Yakima and does
nothing to encourage respect for women. A Strip Club will inhibit the positive
image we are fighting for our community to obtain." (Petition signed by 10
1 people, Exhibit H -16).
(aa) "The City of Union Gap opposes the adult business establishment at
I the proposed .location. As you know the City has indicated its opposition due to
the adverse secondary impacts such establishments create. Cities with similar adult
entertainment establishments in their jurisdictions have documented the adverse
1 impacts associated with such establishments. But in addition to that concern, and
regardless of whether there will be adverse secondary impacts, I have personally
I received phone calls and personal complaints from numerous persons who have
indicated that they will no . longer shop at the Valley Mall, which is located in the
City of Union Gap in close proximity to the proposed adult business. These
1 complaints concern me greatly because the City of Union Gap depends upon sales
tax revenues generated by the mall for its general fund. Sixty percent (60 %) of the
City of Union, Gap's general fund is made up of sales tax revenues. The City is
1 already struggling to provide a level of service where its citizens can find comfort.
Reduced general fund revenues could result in the reduction, of public services like
police and fire services. Given current levels of crime, suchta reduction in police
I services must be avoided if possible.
I have also heard from other businesses in the area whoare 'likewise concerned
1 about adverse secondary impacts and concerned that people, regardless of whether
Jamie Muffett 51
I Adult Business Application .
2308 South 1 Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10 D ®Ca
1
INDEX
#.4 6--
1
1
1
those impacts are realized, have indicated that they will not shop near the proposed 1
adult business.
The City of Union Gap passed zoning regulations with dispersion requirements
that are twice the distance of those established by the City of Yakima. It is
untenable that the proposed adult business can avoid the City of Union Gap's
concerns embodied in the City's ordinances, simply because it is located in 1
Yakima just outside of Union Gap's boundaries. The impacts associated with
such a business can, as you know, travel across the City limit boundary into Union
Gap." (Jim Lemon, Mayor of Union Gap, Exhibit 1 -47). 1
(bb) "...The work and effort put into the Valley Mall, the newer complex
where Starbucks, Cold Stone and other businesses reside will all be a lost cause
and a waste of money. I will not take my family into that area and I guarantee
others will not either. ..." (Katie Mullins, Exhibit G -19).
(cc) "We are the property owners of 2304 South First St. in Yakima, which
is immediately north of the proposed "gentleman's club" (Strip Club). If allowed
it will be at 2308 South First St., Yakima. 1
We are very concerned about the potentially adverse financial impact on our
lessee's business, DBA: Color Tile. The distance between our building and the •
proposed Strip Club is approximately 30 feet. Our tenant relies heavily on home
owners /families. We believe and expect substantial numbers of those clients will
be reluctant to continue patronizing Color Tile if a Strip Club is, literally, the
business next door. A copy of a letter already received by Color Tile is attached.
We would like you to know Color Tile is locally owned and has been in business
for over 20 years in Yakima.
We are positioned in an area that is predominantly retail oriented. There is a
bank located across the street along with Top Foods, Office Depot and a Jack in
the Box. Just north is Performance Audio, Wendy's and Yakima Co -Op. South of
us is the Valley Mall, McDonalds Restaurant and various businesses on either side
of the street. There is another certainty, a Strip Club will not attract that kind of
new businesses to this area that the City of Yakima or the City of Union Gap or
our local citizens will want in our community.
We are very concerned about the possibility of our property declining in value .
and the subsequent erosion of our substantial investment: The security of our
tenant, their property and our building may well become an issue. ..." (Alton (Al)
L. Maza, Susan C. Maza, Exhibit G -64). 1
Jamie Muffett 52
Adult Business Application
2308 South 1 s ` Street; #191332-32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
1
1
I (dd) "...As a local business owner for over 30 years and one that is family
oriented, I am strongly opposed to an adult entertainment club being located
I
within walking distance of one of my restaurants. McDonald's of Yakima is proud
to provide a family environment where parents can feel safe bringing their kids.
Mr. Muffet [sic. - Muffett] claims that his club will be classy and that it will not
I have an effect on surrounding businesses. The fact still remains that there are
some things that will follow and are commonly associated with adult
entertainment including prostitution, illegal employment of minors, narcotics and
I alcohol violations.
I feel that this is an inappropriate location to have such an establishment. Our
1 community has worked very hard to bring 'in new businesses to this area.... ..."
" (Greg Luring, Owner Operator, Exhibit 12).
(ee) "My name is Bruce Miller and I own the property located at 2401 S. 1st
I Street, Yakima (Parcel No. 191332- 32012) through a LLC by the name of BB
Yakima, LLC. It is m understanding that a strip g ip club is proposed for 2308 S. 1 st
Street —only 500 feet to the north of my property. If the proposal becomes a
1 reality it will have a significantly detrimental effect on all the surrounding
businesses and the neighboring community. ..." (Bruce D. Miller, Exhibit G -95)
I (ff) "...I moved my Edward Jones Investment Office to 2401 S 1 St., Suite
112, Yakima, WA 98903, also known as the Valley Mall Plaza frontage building.
This turned out to be a very good move for my business economically, as it is
1 well- lighted, provides some security and has ample parking for my clients. I also
feel safer if I need to work after hours. In the first six months after I made the
I move, my business increased by approximately 30 %, due, I believe, to a better and
safer location with good visability. .
Now I find that I have moved from one unsavory location four years ago, only
1 to be down the block from another unsavory''business...a strip club. I can assure
you that if I would have known four years ago that this would happen, I would
have given up on the City of Yakima and moved my location somewhere under
1 the jurisdiction of the City of Union Gap. Indeed, I believe that if this strip club
goes through, more businesses will make that decision, leaving the City of Yakima
with less revenue, and the City., of Union Gap with more. ..." (Lori J. Arbogast,
aka Lori J. Nay, Exhibit H- 12)..,.
(gg) "...We are Markc antMarcia Johnson, and we own the Cold Stone
1 Creamery, a very Family friendly restaurant. We are strongly apposed {sic.
I • Jamie Muffett • 53
Adult Business Application
2308 South 1" Street; #191332 -32433
1 CL(2) #005 -10; REF #002 -10; TCO #006 -10 DOCK
INDEX
# 444
1
1
1
opposed] to the Strip Club going in at the address 2308 S. 1 St." (Marcia 1
Johnson, Exhibit G- 111).
(hh) "I am writing on behalf of Scott McCandless, President of INBD who II
currently leases a space for our Subway business located at 2401 S. 1 Street,
Yakima (Parcel No. 191332- 32012) It has been brought to our attention from our
Land Lord that a strip club is proposed for 2308 S. 1 Street —only 500 feet to the
north of Subway Restaurant. If the proposal becomes a reality it will have
detrimental effect on our business, the surrounding businesses and the neighboring
community. ..." (Scott McCandless, President, Exhibit G- 137).
(ii) "We are the owners of Meredith Furniture and we have been located on
the corner of South First and Washington Ave for some 50 years. Meredith 1
Furniture and Minors [sic. - Miner's] Drive -in are the pioneers to the area and
oldest established businesses. I want to express our opposition to the proposed
adult business being initiated by Mr. Muffett.
We have not heard of a single good reason for this business to be established in
this major shopping area. We have had several people call and express there [sic. 1
- their] opposition to this business and tell us that they will not do business with
any of the businesses in that area. Our concern with fewer people wanting to
come to the area thus lowering traffic counts and directly effecting [sic.- affecting]
our bottom line as well as our ability to employ our current staff and any future
need to increase our staff as business becomes stronger. We all know how hard it
is to get new customers to our businesses and the cost these days. This would
have a negative effect on business as a whole.
We are extremely concerned about the negative aspects that it would bring to
the area such as drugs, drinking, gang crimes and prostitution. At this point we
don't have a crime problem with vandalism, graffiti and such but I think that
would change if this business comes in.
We are sure that patrons will bring in there [sic.] own liquor and anything else
that they need to get into the mood for that type of establishment. Yakima has
done well without that type of business and I think if you let it in it will lead to
more businesses like them in the Yakimaarea." (Michael Shuel, Jan Shuel, John
Shuel and Darlene Shuel, Exhibit 1-64).
(j j) "I am a private business owner across from the proposed site of a strip
club on South First Street. My family and I are highly opposed to this business
because it is not compatible to our area of businesses. We object to this strip club
Jamie Muffett 54
Adult Business Application
2308 South 1st Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
1
I bu62). siness opening in this area." (Gary Miner, Owner Miner's Drive Inn, Exhibit 1-
I (kk) "Shopko has become aware of the proposed strip club to be located on
South First Street just northwest of the Valley Mall where Shopko operates a store.
Shopko concurs with the neighboring business owners that this use of the
I property would be detrimental, and . adversely affect the mall and surrounding
businesses. ..." (Rusanna Schweitzer, Real Estate Manager, Exhibit G -156).
U (11) "...I think the business owners near there are correct in thinking that
t his is going to hurt their business. ‘ I know that I would have trouble parking my
car near there. I would not want, to be mistaken for being in a place like that. ..."
1 (Shannette, Exhibit G -117).
(mm) "Please do not allow strip clubs so close to businesses. The
I businesses in Yakima are struggling already and they do not need to be invaded
with trash so customers will be afraid to use their services." (JoAnne Marquis,
( q ,
Exhibit H -15, on -line petition #513).
1 • (nn) "...Also I feel that a lot of current establishments will loose [sic. -
lose] business because people are not going to want to be seen near the proposed
1 strip club in fear of what it may do to their reputations or in shear [sic. - sheer]
disgust of how the establishment is exploting [sic. - exploiting] women. ..."
(Heather Briggs, Exhibit H -1, on -line petition #455).
1 (oo) ".:.And it always attracts other undesirable activities and people. You
want to see our retail area hit the skids. Great way to do it. The mall is a place
I families and teens congregate. ..." (Tori Bredin, Exhibit G -136).
(pp) "Please do not allow a `Gentlemen's Club' to be put in our
community. To do so will lower property values around the proposed `business'
and contribute to loitering and unwanted traffic. As a Realtor I know that
intentionally or not, ' it would adversely affect property values around that
business." (Janet Apken, Realtor, Exhibit I-16).
(qq) ...This will cause a part of our community to become °a place where
I you avoid with your family. I also believe' it will devalue the property for those
who already have establishedbusinesses .there :,.." (Alayne Kraft, Exhibit H -15,
letter).
1
I Jamie Muffett 55
Adult Business Application
2308 South 1' Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10 .
I DOC.
INDE .
1 ' J
1
1
1
(rr) "Adult entertainment establishments are notorious for causing a drop in
property values and for attracting similar establishments. This area is close to the
Mall, and contains many other retail establishments and fast food shops, all
patronized by families with children. Some of businesses have told us that if the
club is approved, they will strongly consider closing." (Ken Gaub, Exhibit 1 -53).
(ss) "This business would harm the family - friendly atmosphere for tourism 1
that Yakima needs. Business property values closest to Union Gap (our retail
growth center) would be lowered." (Janice Brazeau, Exhibit H -15, petition #329).
(tt) ". ..If a strip joint is allowed to establish within our city, whole area
p J ty,
within several blocks around it will de- value, and crime will increase. ..." (Paula
Lally, Exhibit G -132).
(uu) "In this case city government is being petitioned to join a scum
enterprise in attacking property value." (Bob Whitney, Exhibit 1 -26). 1
(vv) "...If you allow strip clubs to grow up in that area, however, you're
going to discourage other businesses from coming there because, along with
declining values families will avoid the district like the plague.
In conclusion we must face that the decline of property values in red -light
districts, along with a decline in sheer human activity, will leave nothing in those 1
areas except like businesses which are not, in any way, a benefit to the city. They
act only as a magnet to attract other like businesses, which will actually prove to
be a drain on necessary operating funds. ..." (Eloise Mellotte, Exhibit 1 -1). 1
(ww) "The following documents are submitted for the record in the matter
of Jamie Muffett's application to operate the Sinsations Gentleman's Club at 2308
South 1st Street, Yakima, WA.
1. Crime - Related Secondary Effects of sexually- Oriented Businesses:
Report to the City Attorney of Los Angeles, CA
2. Crime- Related Secondary Effects of Sexually- Oriented Businesses:
Report to the County Attorney of Palm Beach County, Florida
3. Rural Hot Spots: The Case of Adult Businesses
4. Milford Police Department, Milford, MA Report to Planning Board of
Milford, MA 1
5. Various /miscellaneous information re: Adult Entertainment
6. Zillah Police Department: 58 reports of "incident" responses to Tuscan
Sands, a bar /casino owned by Jamie Muffett ' 1
Jamie Muffett 56
Adult Business Application
2308 South i Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
1
7. Letter with envelope (attached) addressed to Color Tile, Attention: Al,
2304.1 Street, Yakima." (AI Maza, Exhibit 1-67).
(xx) "Remember US We the People Tea Party Group are against the
approval of this business on First Street for the following reasons:
1.) Devaluing property values
1 2.) Increase in crime for local businesses,
3.) Lure of easy money to young girls 18 and older
4.) Increase in possible crime in sex trade, i.e. prostitution
5.) Increase, in costs for local law enforcement
6.) New businesses will not locate to area due to Strip °Clubs
Below are. examples 'of so called .Gentleman's Clubs .,and the closure because of
criminal activity from Seattle Area. ..." (Kirk Groenig,President, Exhibit 1 -45).
(yy) "The study found that presence of an SOB [sexually oriented business]
in an area can create a `dead zone' which is avoided by shoppers and families with
children that do not want to be in areas that also have adult uses. Also, the late
hours of operation combined with loitering by unsavory people in the area where
1, SOBs are located, appear to lead to higher crime in the area. ... The studies found
that SOBs have negative secondary impacts such as increased crime rates,
depreciation of property values, deterioration of community character and the
quality of life. In addition,, real estate brokers interviewed in the Dallas area
reported that SOBs are `perceived to negatively affect nearby property values and
1 decrease market values.' There were similar results from surveys taken in New
York City and a national survey completed in Indianapolis and Los Angeles. ... It
can be harder to rent or sell vacant land in areas where SOBs are located. In fact,
the negative perceptions associated with these areas have a significant impact on
declining property values, even where other negative effects of SOBs are difficult
to measure. Interviews with owners of commercial property near SOBs confirmed
that the loss , property value manifested in a variety of ways, including:
increased opeating costs, like additional security patrols, burglar alarms, and trash
cleanup; properties selling at much lower sales prices; and extreme: difficulty in
leasing - properties Owners thought that if the SOBs were gone, their property
values = would='-increase....... MERCHANTS /REAL ESTATE: A very rhigh percentage of
realtors 'indicated thathaving `adult uses' nearby can reduce the number, of people
interested in occupying .a property by 20 to 30 %... "(National Law. Center Sum-
' mart' of the "Newport News, Vurginia Land Use Study, March, 1996; Exhibit 1 -67).
Jamie Muffett 57
Adult Business Application-
2308 South 1 sf Street; #191332-32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
DOC.
INDEX
1
1
(zz) "CONCLUSION: Bid findings support the results from other national 1
studies and surveys. Adult use businesses in Times Square have a negative effect
on property values, cause a greater number of criminal complaints, and have an
overall negative impact on the quality of life for the residents and small businesses
of Times Square." (National Law Center Summary of the TIMES SQUARE, NEW
YORK Land Use Study, Dated April, 1994, Exhibit 1 -67). 1
(aaa) "We, the undersigned concerned citizens of the Yakima area, wish to
express our disapproval of a strip club to be located at 2308 South First Street,
Yakima WA. We believe it would be a detriment to our community. It is
disrespectful of women and would be a bad image for our community." (On - line
Petition with 588 signatures, 223 of which added additional comments; a signed
Petition having the same language except for substituting "at the above address"
for "2308 South First Street" was signed by 787 people).
(bbb) ":..Dozens of land -use studies in communities across the nation have
shown consistent harms to the community from sexually oriented businesses,
including increased crime, decreased property values and urban blight. ...
`Citizens need to re- educate law enforcement, .prosecutors, investigators
and judges with the truth and the total picture,' he says. `Then they really
understand and see how obscenity, prostitution and sexual exploitation of children
are all tied together very closely.' " (Exerpt from April 2010 Citizen Magazine,
Exhibit G -155).
(28) The Hearing Examiner has read all of the studies and comments submitted by
Mr. McLaughlin which are critical of various aspects of the studies conducted by Dr.
McCleary. His disagreement with the other experts who agree with Dr. McCleary is not
documented by Mr. McLaughlin in the record of this matter to the extent that would tend
to discredit all experts and expert studies that share Dr. McCleary's views. Unless and
until the United States Supreme Court and the Washington Supreme Court overrule and
repudiate their holdings which are in agreement with the opinions of Dr. McCleary and
the other experts who agree with him, the Examiner accepts those authoritative
pronouncements as to the existence of unusual or unique adverse secondary effects
relative to adult businesses. That position is supported by the first -hand observations of
people familiar with the area of the proposed location who are well- informed of adverse 1
secondary effects that would be likely in this location if the applicant's adult business
were approved. The threat of likely unusual or unique adverse secondary effects from the
Jamie Muffett 58
Adult Business Application
2308 South 1s Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
1
1
proposed adult business in the.proposed.location makes the use incompatible with the
1 surrounding district and environment.
onment.
(29) After considering all of the evidence presented in this proceeding, the
Examiner finds that unusual or unique adverse secondary effects of adult businesses and
the consequences from those unusual or unique adverse secondary effects of the
1 applicant's proposed adult business use would likely include increased crime, especially
prostitution, drug and assault. crimes, which in the proposed family and tourist - oriented
location would likely result in =a loss ..of business, in the surrounding district and
environment, which in turn , would likely, result in a decrease in property values and blight
in the surrounding district and- •
XII. Consistency of the Proposed Uses with* Criteria of Section 16.06.020(B) of
the Yakima Municipal Code is determined by consideration of the following factors:
(1) The types of land uses permitted at the site by the General Commercial zone
do not include the proposed adult business use which fails to satisfy the compatibility
requirement for approval of a Class (2) use.
(2) The density of residential development or the level of development such
as units per acre or other measures of density of the proposed adult business use
would be in compliance with the lot coverage requirement for the GC zoning district and
other measures of density for that zone.
(3) The availability and adequacy of infrastructure and public facilities are
sufficient to serve the proposed adult business use.
(4) The characteristics of the development of the proposed adult business use
are not consistent with the development requirement in the zoning ordinance that a Class
(2) use must be compatible with the character of the district and environment surrounding
its proposed location. Those characteristics would be consistent, with General
Commercial development•regulations-except for the fact that the proposed adult business
is not compatible with the' character, of the surrounding: district and ,environment;
including its existing family and tourist uses located .there; as is required for
approval of the proposed.Class: (2)-use .-A
1
Jamie Muffett 59
Adult Business Application
2308 South 1' Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
DOC.
INDEX
1
1
1
CONCLUSIONS
Based on the foregoing Findings, Hearing Examiner reaches g g s g, g a es the following
Conclusions:
1
(1) Based on the Findings set forth in Section VIII of this decision, the Yakima
Municipal Code confers jurisdiction upon the Hearing Examiner to hear and decide Class
(2) use applications upon referral from the Administrative Official in accordance with the
criteria prescribed by the zoning ordinance.
(2) Based on the Findings set forth in Section IV of this decision, the Examiner
concludes that public notice requirements for the public hearing have been satisfied.
(3) Based on the Findings set forth in Section XI of this decision, the City of `.
Yakima has the authority and responsibility to regulate land use in furtherance of the
public health, safety and welfare, which includes preventing crime, protecting the City's
retail trade, maintaining property values, protecting commercial districts and quality of 1
life on behalf of the community, which includes spiritual, physical, aesthetic and
monetary values, and which includes regulating commercial property for the location of
an adult business in order to protect the quality of life within the area. City of Renton v.
Playtime Theatres, Inc., 475 U.S. 41, 48 -49, 52 (1986); Young v. American Mini
Theatres, Inc., 427 U.S. 50, 71 (1976); Village of Belle Terre v. Bruce Boraas, 416 U.S.
1, 6 (1974); Northend Cinema v. Seattle, 90 Wn.2d 709, 712 -713, 718 -719, 585 P.2d
1153 (1978).
(4) Based on the Findings set forth in Section XI of this decision, unusual or
unique adverse secondary effects from adult businesses which do not result generally
from other types of commercial uses include increased crime such as prostitution, drugs
and other crime, decrease in property values and blight. Barnes v. Glen Theatre, Inc.,
501 U.S. 560, 582 -585 (1991) citing with approval United States v. Marren, 890 F.2d 924
(1989).
(5) Based on the Findings set forth in Section XI of this decision, unusual or
unique - adverse secondary effects associated with adult businesses are documented in
studies from across the nation, and the City is not required to conduct new studies as to
such adverse secondary effects associated with adult businesses. City of Renton v.
Playtime Theatres, Inc., supra at pages 44 -52.
Jamie Muffett 60
Adult Business Application
2308 South ls Street; #191332 -32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1
1
(6) Based on the Findings set forth in Section XI of this decision, unusual or
I
unique adverse secondary effects associated with adult businesses are documented in
studies in the State of Washington. Northend Cinema v. Seattle, supra at pages 711 -719.
1 (7) Based on the Fi set forth in Section XI of this decision, studies
presented by the City conducted since the City of Renton case in 1986 include "Crime-
!! Related Secondary Effects of Sexually- Oriented Businesses, Report to the City Attorney,
City of Los Angeles; CA," May 6, 2007; Professor Richard . McCleary, University of
California, Irvine; "Report to the County Attorney, Palm Beach County, FL," August 15,
I 2007, Dr. Valerie Jenness, Professor , Richard McCleary, Dr. James Meeker; and studies
which are listed on a secondary effects ,research website developed by Dr. McCleary and
1 other academics who agree with him that - adult businesses cause unusual or unique
adverse secondary effects to a. greater extent than other commercial uses.
(8) Based on the Findings set forth in Section. XI of this , decision, credible
I evidence as to unusual or unique adverse secondary effects associated with adult
businesses and the issue of compatibility of the proposed adult use in the proposed
location was presented by Associate Planner Vaughn McBride and Planning Manager
I Joan Davenport who as experts in the field of urban planning have found that the
proposed adult business would be incompatible with the district and environment
surrounding its proposed location; by owners of businesses, or their representatives, who
I are familiar with the area of the district and environment surrounding the proposed
location- of applicant's adult business and who are familiar with the likely adverse
1 consequences of loss of business, decrease in property values and blight in that area if
applicant's proposed adult business were to be established in the proposed location; by a
Resolution of the Union Gap City Council and written comments from that City's Mayor
I and City Attorney to the same effect; by residents who will no longer patronize the
existing businesses in the area if the application is approved; by residents opposed to the
proposed adult business due to its impacts on children and families; by residents opposed
1 to the proposed adult business due to increased crime, including prostitution and drug
crimes; by residents opposed to the increased pressure that an increase in crime would
place upon the Police Department ; .a by residents opposed to the impacts on the women
used in the performances; and by residents who question whether the City would receive
more revenue than it would expend on the adult business if it were to be approved.
1 (9) Based on the Findings set forth in Section .XI of this decision, the „weight of
credible evidence submitted in this proceeding, including authoritative pronouncements.
II of the highest courts of this nation and state; conclusions of studies conducted by experts
Jamie Muffett 61
I . Adult Business Application
2308 South I. Street; #191332-32433
CL(2) #005 -10; REF #002 -10; TCO #006 -10
1 DOC
INDEX
1 # f "1
1
on the subject, testimony of knowledgeable and experienced planning .experts on the
subject, testimony by knowledgeable and well- informed members of the public, written
comments by knowledgeable and well - informed members of the public and other exhibits
submitted for the record, when considered as a whole together with all of the evidence
submitted in this proceeding, established by the weight of credible evidence the fact that
unusual or unique adverse secondary effects and the consequences from those adverse
secondary effects of the applicant's proposed adult business in its proposed family and
tourist- oriented location would likely include an increase in crime, particularly
prostitution, drug crimes and other crimes, and,a decrease in property values and blight as
a result of a loss of business and customers that would be experienced by existing
businesses in the district or environment surrounding the proposed location.
(10) Based on the Findings set forth in Section XI of this decision, the Hearing
Examiner concludes that the proposed Class (2) adult business use would not be
compliant and compatible with the character of the district and environment surrounding 1
the proposed location due to its incompatibility with the character of existing family and
tourist- oriented uses in the surrounding district and environment.
(11) Based on the Findings set forth in Section XII of this decision, due to the fact 1
that the proposed Class (2) adult business would not comply with the zoning ordinance
development requirement for compatibility in the location where it is proposed, it would
be inconsistent with that zoning ordinance requirement and would not be the type of use
permitted at the site.
(12) This decision may be appealed to the Yakima City Council within the time
and in the manner prescribed by applicable City ordinance provisions.
DECISION
•
Based on the foregoing Findings and Conclusions, Class (2) adult business use
application CL(2) #005 -10, REF #002 -10 and TCO #006 -10 is DENIED.
DATED this 6 day of July, 2010.
Gary M. Cuillier, Hearing Examiner
Jamie Muffett 62
Adult Business Application
2308 South 1 Street; #191332 -32433
CL(2) #O0S -10; REF #002 -10; TCO #006 -10
1
_
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1
DOC.
.
iNC0EX
,
I .
RECEIVED 1
CITY OF YAKIMA
STRIPPER CLUB IN YAKIMA MAY 23, 2010 MAY 2 5 2010
OFFICE OF CITY COUNCIL
1. A STRIPPER CLUB WILL BRING MORE CRIME. ..
2. AS FAR AS WOMEN BEING SEX OBJECTS, TAKE A K RECEIVE
LOO AT 90% OF THE ADS FOR
. CARS,TRUCKS, FOOD, SOAP, COMPUTERS, ETC, ETC.... SEXY LADIES SELL PRODUCT.
AUG I 1 201
3. DOWNTOWN YAKIMA DOES NOT NEED A STRIP CLUB. THE CITY HAS SPENT A LOT OF
PITY OF YAKIMA
TAXPAYER DOLLARS TO BEAUTIFY THE DOWNTOWN AREA AND NOW YOU ARE CONSIDERING PLANNING Dill
PUTTING A STRIP CLUB THERE? LAS VEGAS STYLE MARQUES AND A COUPLE OF DOORMEN
HUSTLING PEOPLE ON THE STREET WITH FLYERS OF NEAR NUDE LADIES? PEOPLE SHOT,
STABBED, OR ROBBED IN THE PARKING LOTS? I LIVED IN LAS VEGAS, NV. FOR 18 YEARS AND 1
HAVE SEEN ALL OF THE ABOVE.
4. IF YOU INSIST IN DOING THIS, SET IT UP RIGHT FROM THE BEGINING OR YOU WILL HAVE TO 1
CONSIDER CHANGING THE RULES AS THINGS GO ALONG, LIKE YOU HAVE HAD TO DO WITH THE
COFFEE STOPS.
5. RULES, RULES, AND MORE RULES!
A. FIRST AND FORMOST, SET THE NUMBER OF CLUBS YOU WILL ALLOW INSIDE CITY LIMITS. 1
ONE, TWO, WHATEVER, IN OUTLYING AREAS. MAMA CAN SHOP AT WALMART AND DAD CAN
GO HAVE A BEER AND DREAM ABOUT WHAT MIGHT HAVE BEEN.
B. SETA HIGH FEE FOR THE OWNER TO OPEN AND A FEE TO RENEW EVERY SIX MONTHS
WHICH GIVES YOU THE RIGHT TO MONITOR AND CLOSE THE CLUB IF YOU FIND THEY ARE NOT
FOLLOWING THE RULEBOOK. THESE CLUBS MAKE A LOT OF MONEY AND IT IS THE NATURE OF
US BEASTS TO WANT TO BE INTERTAINED! TELL ME, WHAT WOULD YOU PAY TO BE ALLOWED
TO OPEN A BUSINESS IN VIRGIN TERRITORY? A BUSINESS THAT COMPETITION IS LIMITED BY
LAW. LOOK AT TAXI COMPANIES IN NEW YORK. IF YOU WANT TO OPERATE LEGALLY YOU PAY
AS MUCH AS $ 500,000 FOR A MEDALLION TO PLACE ON YOUR CAB.
C. SPECIAL PERMITS NEED TO BE SET UP TO MONITOR EMPLOYEES WITH BACKGROUND
CHECKS AND HEALTH CARDS.
6. DO YOURSELVES A FAVOR AND PICK THE BRAIN OF NEVADA GAMING COMMISSION. THEY
REGULATE THE STRIP CLUBS IN NEVADA, SINCETHERE ARE SLOTS AND TABLE GAMING.
7. REGULATE THE AMOUNT OF COVER CHARGES TO GET IN THE DOOR IF YOU THINK IT IS
NEEDED.
8. YOU WILL BE BABES IN THE WOODS WITH THIS. THERE ARE A LOT OF THINGS TO WATCH OUT
FOR, WATERED DRINKS, GIRLS ROLLING THE DRUNKS, PROSTITUTION, INJURIES OF CUSTOMERS
BY EMPLOYEES AND THE LIST GOES ON. COMPLAINTS FROM THE GOOD FOLK OF YAKIMA 1
1
DOC, 1
INDEX
1
1 ABOUT THE LADIES BEING SEX OBJECTS IS NOT A VALID COMPLAINT. LIKE ALL OF US, WE G9 RECEIVED
WHERE THE MONEY IS AND IF YOU ASKED THESE GIRLS ABOUT BEING A SEX OBJECT, THEY s
1 WOULD TELL YOU YES AND LAUGH ALL THE WAY TO THE BANK. AUG 1 1 2010
TO RECAP, LIMIT THE NUMBER OF CLUBS YOU LET IN OR THE CITY WILL HAVE THEM ON EVCRIY OF YAKIMA
1 CORNER, AND MAKE THEM PAY BIGTIME FOR THE PRIVILEGE: PLANNING DIV
YOU MIGHT RECONSIDER RESETTING YOUR OPEN MEETING SET FOR FRIDAY AND DO A LOT
MORE RESEARCH ON THIS BEFORE THE PEOPLE OF YAKIMA MAKE YOU LOOK LIKE, WELL FOR
LACK OF A BETTER WORD, UNINFORMED. YOU THOUGHT I WAS GOING TO SAY FOOLS, HUH!
IF 1 CAN BE OF FURTHER HELP, PLEASE FEEL FREE TO CONTACT ME.
WITH REGARDS,
1 PETER EASTMAN
3601 CASTLEVALE RD #44
YAKIMA, WA. 98902
509 -469 -4347
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RECEIVED
RECEIVED CITY OF YAKIMA
:AUG 1 2010 MAY 2 5 2010
May 24, 2010 OFFICE OF CITY COUNCIL
CITY OF YAKIt A II
Dear Yakima City Council, PLANNING ON.
1 would like to start this letter with a conversation I overheard at the Regional
State Track Meet that was held at Eisenhower High School this past weekend. 1
"I can't go to the lock -in because my moms going out tonight to this new club,"
student A.
"Really ?" Student B. •
"Yea, she made $850 last weekend, so she is going to go make us some more
money tonight," student A chuckled. "Don't you want to know how ?"
"Wow, how ?" Student B questioned curiously. •
"She was dancing and bending over and some guy paid her to let him touch her,"
Student A stated. "She was rubbing herself all over like this." Student B just kind of 1
looked at Student A shockingly as he groped himself. Student A continued, "I'm just
kidding dude —look at you getting all hot and bothered."
This was a conversation I overheard my middle school track athletes having
during the regional meet and of which I stopped and had a long talk/scolding with
Student A; as well as, notifying his mother about his inappropriate conversation. This is 1
only one of many instances where I have overheard young boys either degrading a young
woman or woman and/or saying inappropriate comments to one of their fellow
classmates. Just recently, we suspended a young man for the rest of the school year for 1
handing out pornography to first and second graders during the morning hours at
Whitney Elementary and for sexually harassing two young girls at our middle school.
Now, as a teacher and also a mother of a young boy of twelve and an eighteen year -old
female, I am sickened by the idea of a Gentleman's club, which will promote even more
sexual fantasies and curiousity of our young male generation.
I wrote a letter to the Yakima Herald earlier this year concerning the scantily clad
baristas, who also promote sex by means of serving coffee. During our way to dinner one
Wednesday evening, my daughter, son and I witnessed One of the Dream Girl's baristas
wearing nothing but a thong and standing with her back towards the Yakima Ave. This
was not only repulsive to see, but from my understanding against the law. If the
Brewlesque coffee shop baristas are encouraged and willing to break the law for tips,
who is to say the Sinsation dancers are not going to do the same thing just for bigger tips?
Mr. Muffet claims his so- called gentleman's establishment will be a shining diamond in
our community, but just like these Brewlesque coffee shop, he is doing nothing more than
degrading and demoralizing young woman all for a quick buck. Mr. Muffet also stated
he wants Yakima to appeal to visitors by offering them a metropolitan type atmosphere.
Since when is a strip club a tourist attraction? When I think of tourist attractions, I think
of water parks, famous landmarks, museums, professional sports facilities (games), theme
parks, etc., Strip clubs never come to mind when I am traveling with my family. How
about you?
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To make matters worse, Mr. Muffet wants to place his Gentleman's club right
next to retail and fast food establishments such as the Valley Mall, Miner's, Skateland,
I Coldstone Ice cream, Mercy Theaters, Jack -in- the -box and so forth. This retail area is
visited daily and even more so on the weekends by families, sports teams from across the
valley, and v isitors from surrounding counties. What kind of message or image are
I Yakima and Union Gap trying to establish? I know personally that I will no longer allow
my own kids (as well as myself) to visit this retail area if a strip club is located near these
establishments. I have no problem traveling to the Tri- cities to take my kids shopping or
1 for a day of hanging out and enjoying time together.
. Here's one last question— Obviously, Mr. Muffet has no morals, values or any
respect for woman and assumes that many men in our community lack them also. If we
allow this Gentleman's club to open, are we not sending the message to those who visit
our community that we as an entire community also lack moral and values and respect for
ii .
woman? (•don't want to be associated with Mr. Muffet or. Yakima if that's the case.
RECEIVED
1 A Concerned Citizen,
•
j9‘ . ‘/( ...1-1"(A-4" ,
AUG 1' 1 2010
CITY OF YAKIMA
PLANNING DIV.
Sophia Trevino •
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1 WILSON MIDDLE SCHOOL
• ,O 902 SOUTH 44TH AVENUE, YAKIMA, WA 98908 -3838 . .
1 YAKIMA SCHOOL DISTRICT NUMBER 7.104 NORTH 4TH AVENUE. YAKIMA, WA 98902 -2636 .
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RECEIVED II
8 -5 -10 AUG 0 9 2010
CITY OF YAKIM
Department of Community and Economic Planning PLANNING DIV. I
129 N. Second Street, 2 " floor
Yakima, WA 98901
Attn: City Planning Division 1
Subject: Appeal of Jamie Muffert. Proposed adult business at 2308 S. 1 S ` Street
1
I still think enough testimony and evidence was brought out in written form, and
personal testimony at the recent hearings for the City of Yakima to stand firm that this
proposed business is not an appropriate fit for the location. The citizen's don't want it,
the surrounding business owners don't want it, and the police certainly don't want
anymore crime load. With cut backs occurring, we do not need a "Strip Club" in Yakima
in this location breeding more crime and perversion than already exists. The police, along
with other Anti -Gang Coalition members are trying to spend more effort and creativity to
combat the gang situation in Yakima.
•
Jamie Muffert's "Strip club" would only surely produce 2 hand results in crime,
prostitution and racketeering in Yakima like all these businesses historically do in other
cities. We cannot handle this load, nor should we have to because this "business owner"
I
wants to make money and become rich on the weaknesses here that we, citizens and
police, are working hard to curtail to help make Yakima a better place for all to live. In a
sense, he does not have the right to come to our town, throw gasoline on a bad fire we are
desperately trying to put out, for the sake of his own wealth. Whether he meets other
technical standards to procure the site for a business is not really the point. And yes, his
business if allowed to open, will pull down the area and property values for other 1
business owners. It will create a "moral infection" that will be hard to bring under
control. It's sad that because people try to say that because we live in a free country, that
they feel they have the freedom to bring a moral depraved business to an area that is
1
striving to maintain strong family values, and just vomit it up right in the middle of a
fairly nice business section of town. I hope the City of Yakima will stand firm that this
business cannot open at the proposed site, or anywhere in our region where the City has 1
jurisd'ction. Thank you.
OL3 c \i: 2 ;. 6
Ka 'e FitzPatrick, i altor `
Aspen Real Estate
Yakima, WA 1
1
1
DOC.
a Mrs. Kattrirrrit��
7903 Poplar View Way II
L'. Yakima WA 98908
RECEIVED
AUG 0 6 2010
DON AND CHERYLL SMITH CITY OF YAKIMA
17 Leisure Hill Dr.
AWING UIV.
Union Gap, WA 98903
Phone (509) 248 -1029
dcs1946 @.yahoo.com
August 3, 2010
City of Yakima Planning Division
II 129 North 2nd Street
Yakima, WA 98901
1
1 Dear Sirs,
As we have stated previously, we are against Mr. Muffett's attempts to
establish a strip club on South First Street. The reasons why have already
been given by numerous individuals and business owners. This type of
operation will have a major negative impact on the community, families and
the surrounding businesses.
What is it about the word NO that Mr. Muffett does not understand? If he
wishes to establish such a business, let him do so elsewhere, but not in the
Valley Mall / South First Street area.
Sincerely,
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RECEIVE®
AUG 9 2010
1 CITY OF YAKIMA
PLANNING DIV.
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1 City of Yakima, Washington
Legal Department
Response To Appeal Of Jamie Muffett
1 August 6, 2010
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AUG 9 2010
TABLE OF CONTENTS CITY OF YAKIMA 1
PLANNING DIV.
APPELLANT'S ARGUMENTS 1
RESPONSE OF THE LEGAL DEPARTMENT 1
A. STANDARD OF REVIEW 1 1
B. THE DECISION OF THE HEARING EXAMINER WAS CORRECT 1
1. The Hearing Examiner Carefully Reviewed The Facts 1
2. The Hearing Examiner Accurately Applied The Law 2
CONCLUSION 3
ATTACHMENT "A" 4
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'\,UG 9 ZO10
TABLE OF CASES CITY OF YAKIMA
PLANNING DIV.
Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991)
City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986)
Northend Cinema v. Seattle, 90 Wn.2d 709, 585 P.2d 1153 (1978)
Village of Belle Terre v: Boraas, 416 U.S. 1 (1974) .
Young v. American MiniTheatres, Inc., 427 U.S. 50 (1976)
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5 2010
I. APPELLANT'S ARGUMENTS r YAKIMA II
PLANNING DIV,
Mr. Muffett, the applicant for an adult entertainment establishment in Yakima, claims in
his appeal that the decision of the Hearing Examiner upholding the City's recommendation is
erroneous in regard to the facts and the law. He states that the proposed use complied with all
of the City's zoning requirements and the decision was not based on expert testimony. He also
asserts that the proposed use was compatible with existing businesses in the area.
The Legal Department for the City submits that the Hearing Examiner's decision was
correct. The Department respectfully requests that the City Council deny the appeal.
11. RESPONSE OF THE LEGAL DEPARTMENT
A. STANDARD OF REVIEW
The City Council, in hearing this appeal, may accept the findings of fact made by the
Hearing Examiner based on substantial evidence and adopt the conclusions of law
amply supported by the facts in the record. Council should limit its factual consideration
to evidence presented to the Examiner. The Council may request additional information
or memoranda in order to reach a decision while allowing all parties of record an
opportunity to respond to any material provided. YMC 15.16.050(D)
The City Council may also, if it chooses to
...amend and adopt, reject, reverse, amend and reverse the findings,
conclusions and decision of the examiner, or remand the matter for
further consideration or for the purpose of taking and considering new
factual evidence by the examiner. If the legislative body renders a
decision different from the decision of the examiner, the legislative body
shall adopt amended findings and conclusions accordingly.
YMC 15.16.050(E)
B. THE DECISION OF THE HEARING EXAMINER WAS CORRECT
1. The Hearing Examiner Carefully Reviewed The Facts a
The Hearing Examiner considered the application for the adult entertainment
business in lengthy proceedings that included testimony, argument and exhibits. He
then rendered a decision that exhaustively considered all of the facts. The decision,
based on sixty -two pages of cogent analysis, is supported by substantial evidence in
the record.
Moreover, the appellant has not pointed to any specific instance in the hearing
PP P Y P g
that supports his claims of error. The only real factual issue raised in the
proceedings was whether the proposed business was compatible with the
surrounding area. The Hearing Examiner decided the evidence showed that is was
not. The evidence included the testimony of the City's two professional land use
planners. They are the only professional planners who testified in the hearing. r
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CITY OF YAKIMA
Wh ile Mr. Muffett, the appealing party, offered a letter from a writer in '{net
•
questioned the Planning Department's compatibility analysis, he did not offer any
actual evaluation of the City's ordinances and zoning, the area in question, the
surrounding businesses and the impacts of the proposed club on those businesses.
In short, there was no evidence contrary to the City's position presented that was
based on actual knowledge of the City and its land use planning standards.
2. The Hearing Examiner Accurately Applied The Law
The compatibility of the proposed use with the surrounding area required the
consideration of the legally recognized adverse secondary effects arising from the
use. Compatibility is a fundamental consideration in an application for an adult
entertainment business and a necessary part of the evaluation of the proposed use.
I The adverse secondary effects submitted in testimony and briefing included drug
trafficking, prostitution and increased crimes of violence. The Hearing Examiner
evaluated this evidence in depth and relied on landmark decisions in the U. S.
Supreme Court and the Washington Supreme Court that hold the City may properly
rely on adverse secondary effects in its consideration of a proposed club of this kind.
City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 48 -49, 52 (1986); Young v.
American MiniTheatres, Inc., 427 U.S. 50, 71 (1976); Village of Belle Terre v.
Boraas, 416 U.S. 1, 6 (1974); Northend Cinema v. Seattle, 90 Wn.2d 709, 712 -713,
718 -719, 585 P.2d1153 (1978); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 582 -585,
(1991) (citing with approval United States v. Marren, 890 F.2d 924 (1989)).
Based on this legal precedent, the Hearing Examiner accurately applied the law
1 in three key conclusions:
(9) Based on the Findings set forth in Section XI of this decision, the
• weight of credible evidence submitted in this proceeding, including
authoritative pronouncements of the highest courts of this nation and
state, conclusions of studies conducted by experts on the subject,
testimony of knowledgeable and experienced planning experts on the
subject, testimony by knowledgeable and well- informed members of
the public, written comments by knowledgeable and well- informed
members of the public and other exhibits submitted for the record,
1 when considered as a whole together with all of the evidence •
submitted in this proceeding, established by the weight of credible
evidence the fact that unusual or unique adverse secondary effects
and the consequences from those adverse secondary effects of the
applicant's proposed adult business in its proposed family and tourist-
oriented location would likely include an increase in crime, particularly
prostitution, drug crimes and other crimes, and a decrease in property
,values and blight as a result of a loss of business and customers that
would be experienced by existing businesses in the district or
environment surrounding the proposed location.
(10) Based on the Findings set forth in Section XI of this decision, the
' Hearing Examiner concludes that ,the proposed Class (2) adult
1 The Hearing Examiner also considered the Department of Community and Economic Developments
"Response To Applicant's Argument" dated June 14, 2010 which is set forth in full in Attachment "A."
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f. 97
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FY OF YAKIMA
business use would not be compliant and compatible with ptLIANNIHG DIV.
character of •the district and environment surrounding the proposed
location due to its incompatibility with the character of existing family
and tourist - oriented uses in the surrounding district end environment. r
(11) Based on the Findings set forth in Section XII of this decision,
due to the fact that the proposed Class (2) adult business would not
1
comply with the zoning ordinance development requirement for
compatibility in the location where it is proposed, it would be
inconsistent with that zoning ordinance requirement and would not be
the type of use permitted at the site.
III. CONCLUSION
•
The decision of the Hearing Examiner is correct in its analysis of the facts and the law. The
decision is supported by an overwhelming amount of evidence and based on caselaw that has
stood the test of time. For these reasons, the City Council should affirm the decision of the
Hearing Examiner.
Dated this - day of August, 2010. r
• Respectfully Submitted,
Lawrence:Watters
Senior Assistant City Attorney • 1
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1 AUG 9 2010
1 ATTACHMENT "A" CITY OF YAKIMA
PLANNING DIV.
Department of Community and Economic Development, Administrative Official's
1 Response To Applicant's Arguments, June 14, 2010, for Mr. Gary Cuillier, JD, Hearing
Examiner, City of Yakima.
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, \HG; 92010
t.,i i Y OF YAKIMA 1
PLANNING DIV.
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City of Yakima, Washington
Department of Community & Economic Development
Administrative Official's 1
Response to Applicant's Arguments
June 14, 2010
for Mr. Gary Cullier, JD 1
Hearing Examiner
City of Yakima 1
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:VUG 9 2010
TABLE OF CONTENTS GI I Y OF YAKIMA
PLANNING DIV.
1 COMPATIBILITY AND ADVERSE SECONDARY EFFECTS 1
APPLICANT'S ARGUMENTS 4
1 ATTACHMENTS 6
A. Crime- Relafed Secondary Effects of Sexually - Oriented Businesses, Report to the
' City Attorney, City of Los Angeles, CA, May 6, 2007, Professor Richard McCleary,
University of California, Irvine 7
1 B. Report to the County Attorney, Palm Beach County, FL, August 15, 2007
Dr. Valerie Jenness, Professor Richard McCleary, Dr. James Meeker 39
1 C. Secondary Effects Research 47
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INDEX
UG 9 2010
Compatibility and Adverse Secondary Effects u OF YAKIMA '
PLANNING DIV.
I. The City of Yakima ( "City) has the authority and responsibility to regulate land use on
behalf of public health, safety and welfare 1
City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 48 -49, 52 (1986) (this
includes preventing crime, protecting the city's retail trade, maintaining property values,
protecting commercial districts and quality of life)
II. The City has the authority and responsibility to regulate quality of life on behalf of the
community
Young v. American Mini Theatres, Inc., 427 U.S. 50, 71 (1976)
Village of Belle Terre v. Bruce Boraas, 416 U.S. 1, 6 (1974) (the concept of the
public welfare is broad and inclusive...the values it represents are spiritual as well as
physical, aesthetic as well as monetary)
III. The City has a substantial interest in regulating commercial property for the location of
an adult business in order to protect its quality of life
Northend Cinema v. Seattle, 90 Wn. 2d 709, 712 -713, 718 -719, 585 P.2d 1153
(1978) (adverse secondary effects on community improvements)
IV. Adverse secondary effects from adult businesses include blight, crime, drugs and 1
prostitution
Barnes v. Glen Theatre, Inc., 501 U.S. 560, 582 -585 (1991) (legitimate state interest 1
in preventing prostitution, sexual assaults and other criminal activity) (citing . with
approval United States v. Marren, 890 F:2d 924 (1989) -- prostitution- associated with
nude dancing establishment; United States v. Doerr, 886 F.2d 944, (1989) (same)) 1
V. Adverse secondary effects associated with adult businesses are documented in studies
from across the nation
City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 44 -52 (1986)
VI. Adverse secondary effects associated with adult businesses are documented in studies
in the State of Washington
Northend Cinema v. Seattle, 90 Wn. 2d 709, 711 -719, 585 P. 2d 1153 (1978)
1
VII. Adverse secondary effects associated with adult businesses were addressed by the City
in the public hearing on May 28, 2010
a. Presentation by Vaughn McBride, Associate Planner,
BA, Sociology, University of California, Los Angeles
MA, Urban Planning, University of California, Los Angeles
Land Use Planner with the City, 1992 to Present '
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#7)D -'
92010
' i i r OF YAKIMA
b. Presentation by Joan Davenport, City of Yakima Planning Manager PLANNING DIV.
BS, Urban Planning, University of Virginia
Land Use and Transportation Planner. with the City, 1987 to Present
American Planning Association (1982)
' American Institute of Certified Planners (1987)
' VIII. Adverse secondary effects associated with adult businesses were addressed 'by the City
of Union Gap in two letters to the City
' IX. The City is not required to conduct new studies of adverse secondary effects associated
with adult businesses
City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 51 -52 (1986)
X. Studies since the City of Renton case was decided in 1986 further substantiate adverse
secondary effects associated with adult businesses
a. Crime - Related Secondary Effects of Sexually - Oriented Businesses, Report to the
City Attorney, City of Los Angeles, CA, May 6, 2007, Professor Richard
' McCleary, University of California, Irvine
b. Report to the County Attorney, Palm Beach County, FL, August 15, 2007,
1 Dr. Valerie Jenness, Professor Richard McCleary, Dr. James Meeker
c. Secondary Effects Research
' 1. 2009 for the Texas Legislature
2. 2008 for the Town of Milford, MA
1 3. 2006 for the Scottish Minister's Adult Entertainment Working Group
4. 2004 for the City of Toledo, OH
5. 2004 for the City of Centralia, WA City Attorney's Office
6. 2003 for the City of San Diego, CA City Attorney's Office
7. 2001 for the City of Charlotte, NC
8. 1998 for the City of Denver, CO City Attorney's Office
9. 1997 for the Cleburne, TX City Attorney's Office, the Hamilton County
1 Board of Supervisor's Chattanooga, TN
10. 1997 for the Board of County Commissioners, Fulton County, GA
' 11. 1997 for the City of Houston, TX City Council
Xl. Adverse secondary effects associated with adult businesses were addressed by
1 business owners in the community during the hearing on May 28, 2010 including:
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Page 2 INDEX
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Six (6) business owners or their representatives in the area addressin t mi- X119.
secondary effects if the is approve
ry application o s app d
XII. Adverse secondary effects associated with adult businesses were addressed by 1
residents in the community during the hearing on May 28, 2010 including:
a. residents who will no longer patronize the existing businesses in the area if the
application is approved
b. . residents opposed due to impacts on children and families
c. residents opposed due to increased crime including drug trafficking and
prostitution
d. residents opposed due to increased pressure on the Police Department 1
e. residents opposed due to the impacts on the women used in the performances
f. residents opposed who doubt the City will obtain actual revenue if the application
is approved
XIII. Approximately thirty (30) residents testified against approval of the application
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AUG 9 2010
1 Applicant's Arguments t;11 Y OF YAKIMA
PLANNING DIV.
I. The applicant, Craig Muffett, did not testify during the hearing on May 28, 2010
II. The applicant did not present any documentation or evidence of ownership of the
• property, a business plan or support for assertions of positive revenue projections for
the City
1 III. Three (3) people spoke in support of the proposed use and two of those three appeared
to identify themselves as employees of the applicant or otherwise associated with him in
some capacity
' IV. No resident of the City spoke in support of the application
1 V. - A letter was submitted to the Hearing Examiner in the hearing
a._ Copies were not provided to the City or made available to the public so there was
no opportunity to address the contents of the letter during the hearing.
b. The letter included a request to the Hearing Examiner from the sender asking the
' Hearing Examiner consider it "testimony" of Bruce McLaughlin, identified with an
address of 900 Gulf Boulevard, Suite 303, Indian Rocks Beach, Florida.
c. Since the writer of the letter did not appear at the hearing, there was no
opportunity to ask questions concerning its contents.
d. The letter does not contain any identification of its purpose except to state it is "to
1 provide professional land use planning services" in the matter without specifying
what those "planning services" are.
1 e. The letter does not contain any foundation to establish the following:
1. any actual knowledge of the property
1 2. any inspection of the current site
3. any knowledge of the surrounding businesses
4. any knowledge of any impacts of the proposed use on the surrounding
' businesses
5. any analysis of the application or the City's planning file
1 The requirements of Evidence Rule 602 are not met because the rule provides a
witness cannot testify to a matter unless evidence is introduced sufficient to
support a finding that the witness has personal knowledge of the matter.
' f. The letter does not contain any foundation to establish, as a threshold matter, the
following:
1 1. documents or papers related to the property
2. documents or papers related to the current site
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I!(; 9 2010 1
t.;11 Y OF YAKIMA
3. documents or papers related to the surrounding businesse9LHNNING DIV.
4. documents or papers related to the impacts of the proposed use on the
surrounding businesses
5. any analysis of the application or the City's planning file
The requirements of Evidence Rule 702 are . not met because the, rule requires
that testimony is based upon (1) sufficient facts or data, (2) that is the product of
reliable principles and methods, and (3) the witness has applied the principles
and methods reliably to the facts of the case.
pages 9
The conclusions offered on a es 8 and 10 of Mr. McLaughlin's letter confuse
the difference between -
1. the "protected" land uses that require a separation buffer (such as 1
schools, parks, day care centers and residential districts) under YMC
15.09.200D, and
2. the observations and comments from business owners who offer concern 1
about the compatibility of the proposed use in proximity to their operation.
h. The letter volunteers numerous legal conclusions that are exclusively within the
province of the Hearing Examiner and governed by the practice of law in the
State of Washington.
Based on the foregoing omissions and /or deficiencies, the City objects to the
Hearing Examiner's admission or consideration of the letter as well as any weight
to it for purposes of this hearing. 1
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RECEIVED
AUG 9 2010
1 ATTACHMENTS it ('Y OF YAKIMA
PLANNING DIV.
1 A. Crime - Related Secondary Effects of Sexually- Oriented Businesses, Report to the
City Attorney, City of Los Angeles, CA, May 6, 2007, Professor Richard
McCleary, University of California, Irvine
B. Report to the County Attorney, Palm Beach County, FL, August 15, 2007
Dr. Valerie Jenness, Professor Richard McCleary, Dr. James Meeker
1 C. Secondary Effects Research
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AUG 9 2010
ATTACHMENT A CITY OF YAKIIttA
PLANNING DIV.
Crime - Related Secondary Effects of Sexually - Oriented Businesses 1
Report to the City Attorney
City of Los Angeles, CA, May 6, 2007, 1
Professor Richard McCleary, University of California, Irvine
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Page 7 INDEX
2010
' , OF YAKIMA
LANNING DIV.
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CRIME- RELATED SECONDARY EFFECTS OF
SEXUALLY- ORIENTED BUSINESSES:
REPORT TO THE CITY-ATTORNEY _...._._ .
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Richard McCleary, Ph.D.
1
May 6, 2007
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;1 1 Y OF YAKIMA
PLANNING DIV.
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I am a Professor at the University of California, Irvine with appointments in the
Departments of Criminology, Environmental Health Science, and Planning. My curriculum vitae
is attached to this report. My degrees include a B.S. from the University of Wisconsin and an
M.A. and Ph.D. from Northwestern University. I have taught graduate courses in statistics and
criminology at the University of California, Irvine; the University of Minnesota; the University of
Michigan; the University of New Mexico; Arizona State University; the State University of New
York, Albany; and the University of Illinois, Chicago. I have supervised more than two -dozen
doctoral students in statistics and/or criminology at these universities. My students hold
appointments at major research universities in the U.S. and U.K.
My training and experience qualify me as an expert in criminology and statistics. I joined 1
the American Society for Criminology and the American Statistical Association in 197.7 and am
currently a member of both scholarly societies. My scholarly contributions in these fields have
been recognized by awards from Federal and state government agencies and scholarly societies.
As an expert in these fields, I have served on Federal and state government task forces and panels
and have served on the editorial boards of national peer - reviewed journals. I am the author or co-
author of five books more than 70 articles in these fields. 1
Throughout my career, I have applied my expertise in statistics and criminology to the
problem of measuring site - specific public safety hazards, especially the hazards associated with
sexually- oriented businesses (SOBs). These hazards are also called "ambient crime risks" or
"crime- related secondary effects." I have advised local, county, and state governments on these
problems for nearly 30 years. I have been deposed or testified in fifteen cases in the last four
years.
The City of Los Angeles has asked me to review the facts and materials in this suit' and
to express opinions on certain issues. Based on my background and research, I have three
general opinions:
Opinion 1: The criminological theory of ambient crime risk, known as the 1
"routine activity theory," predicts that SOBs have large, significant crime- related
secondary effects. The effect is the product of three factors. (1) SOBs draw
patrons from wide catchment areas. (2) Because they are disproportionately male,
open to vice overtures, reluctant to report victimizations to the police, etc., SOB
patrons are "soft" targets. (3) The high density of "soft" targets at the site attracts
predatory criminals, including vice purveyors who dabble in crime and criminals
who pose as vice purveyor in order to lure or lull potential victims.
Opinion 2: In the last thirty years, empirical studies employing a wide range of 1
quasi - experimental designs have found that SOBs have large, significant crime-
related secondary effects. • • .
•
•
1 Alameda Books v. City of Los Angeles. U.S. District Court, Central District•of •
California, Case No. CV 95 -7771 . •
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Opinion 3: Given that strong criminological theory predicts the effect, and given
that the prediction is corroborated consistently by the empirical literature, it is a "
scientific fact that SOBs pose ambient crime risks.
In addition to these three general opinions, I have three opinions that are specific to Alameda
Books.
t Opinion 4: Since the theoretical risk factors specified in my first opinion are
common to all SOB subclasses, all are expected to pose ambient public safety
hazards. The qualitative nature of the hazard may vary by subclass nevertheless.
' This will occur when the defining characteristic of a subclass creates opportunities
for a particular type of crime; or when the characteristic interferes with routine
policing strategies.
1 Opinion 5: In this suit, the two relevant subclasses are SOBs that sell video tapes
and DVDs for off -site viewing (hereafter, "stand -alone bookstores" or
"bookstores ") and SOBs that sell video tapes and DVDs for off -site viewing
while, also, providing private or semi - private booths for on -site viewing of video
tapes and DVDs (hereafter, "combined bookstore - arcade" or "bookstore- arcade ").
Although both subclasses have large, significant crime- related secondary effects,
there are salient qualitative differences. Compared to stand -alone bookstores,
e.g., combined bookstore - arcades pose higher risks for crime. Geo -coded crime
incident data for the neighborhoods around 19 Los Angeles SOBs corroborate this
theoretical expectation.
Opinion 6: Poisson regression analyses of crime incidents in the vicinity of 19
' Los Angeles SOBs demonstrate a significant relationship between ambient crime
victimization risk and distance from the site. Victimization risk at the site of a
combined bookstore- arcade is more than double the risk at the site of a stand-
' alone bookstore. For both subclasses, victimization risk diminishes rapidly with
distance until, at approximately 900 feet, the risks are roughly equal for the two
subclasses. In general, victimization risk for bookstore- arcades is more densely
concentrated in the immediate vicinity of the site.
My report begins with a necessary introduction to the concept of ambient crime risk. The
fundamental question in this suit is whether combined SOBs pose lower ambient, risks. than
1 stand -alone SOBs. Based on my analyses, the answer is, Yes. Readers who are familiar with
implicit concepts can skip directly to the results of my analyses in Section 3 below. But most
readers will benefit from the following introduction.
' 1. AMBIENT CRIME RISK
1 • • Crime "risk" is a novel concept to Most readers. To the individual, crime risk is •
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synonymous with the annual crime rates reported in the news media. To illustrate, in 2000, the
per capita robbery rates for Los Angeles and San Diego were 0.0041 and 0.0014. For purely
aesthetic reasons, newspapers report these rates as whole numbers per 1,000 residents. So the
Los Angeles and San Diego rates could be expressed identically as 4.1 and 1.4 robberies per
1,000 residents per year. Since per capita rates have practical advantages, however, that metric
is preferred.
In either the per capita or per 1,000 metric, Los Angeles is nearly three times riskier than 1
San Diego. The risk ratio statistic makes this point:
Risk Ratio = 0.0041 / 0.0014 = 2.93 1
A tourist who spends a week in Los Angeles and a week in San Diego is three times more likely
to be robbed in Los Angeles. In either city, of course, the risk is exceedinglylow. This point is
made clear by the waiting time statistic. In San Diego, a hypothetical average tourist will spend
more than 714 years waiting to be robbed:
•
Waiting Time = 1 / 0.0014 714.3 years
In Los Angeles, on the other hand, the wait is only 244 years: 1
Waiting Time = 1 / 0.0041 243.9 years
The waiting time statistic illustrates one practical advantage of per capita rates; the average
waiting time is the inverse of the per capita rate. This relationship depends on simple Poisson
assumptions that will be developed at a later point in this report. For now, I will say only that
these assumptions may not hold exactly for inter -city comparisons, so these waiting times are
rough approximations. 1
Intra -city heterogeneity complicates the per capita crime rate analogy. Put simply, "bad"
neighborhoods in low -risk cities are more dangerous to the hypothetical tourist than "good"
neighborhoods in high -risk cities. Temporal heterogeneity presents another complication. Since •
the hypothetical tourist cannot be in two places at the same time, inter -city risk comparisons
require imagination. At the smaller geographical scales that are relevant to this suit, however,
the effects of both complications vanish. Given a reasonably small area — say, a few city blocks —
a simple ambient crime rate captures all the essential features of crime risk.
To define the ambient crime rate, divide the area of a city into a large sample of parcels. •
. The division algorithm can be wholly arbitrary or haphazard. The parcels can be trapezoids,
squares, circles, or any irregular shape. No two parcels must have the same shape. The only •
requirement is that each have a calculable surface area. Following the division, wait a fixed
•
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RICHARD MCCLEARY, PH.D.
period — say, one year — and count the number of crimes that occurred in each of the parcels. If
I CRIME d denotes the number of crimes that occurred in the d' parcel, then the ambient crime rate
for the d' parcel is
RATE d. = CRIME d / AREA d -
where AREA d is the surface area of the d' parcel. RATE d is a property of the d' parcel. Unlike
1 the per capita crime rates that we read about in newspapers, this ambient rate has no inevitable
consequences for individuals. If RATE d is particularly high, individuals can avoid the risk by
avoiding the d' parcel (and other "bad" neighborhoods). .
Figure la Here
1 When ambient risk emanates from a point - source, a sensible division algorithm results in
a set of concentric circular parcels as shown in Figure 1 a. Noise is a good model of ambient
crime risk in many respects. Noise emanates from its point - source in all directions, for instance,
I and decays rapidly with distance. So does ambient crime risk when it emanates from a source
such as, in this instance, an SOB. Like noise, ambient crime risk emanates in all directions and
diminishes with distance from the point - source. In the real -word, of course, the orderly
I emanation process will be distorted by buildings, walls, and other obstacles. If we have a
reasonably large sample of point sources, however, the effects of these obstacles will "average
out," revealing the expected ambient risk pattern.
1
Figure 1 Here
gu b
1 Figure lb illustrates this point for a sample of 19 Los Angeles SOBs. The horizontal axis
in Figure lb is calibrated in 50 -foot increments from 50 to 1,100 feet from the SOB address,
yielding, concentric circular parcels with radii of 50, 100, 150, ..., 1,100 feet. The area of the d'
I concentric circle is
AREA d = n (50d) 2 - n [50(d -1)] 2 for d = 1, 2, 3, ...
The vertical axis in Figure lb plots the ambient victimization rate for personal crimes such as
homicide, robbery, assault, and so forth.
1
The ambient risk function in Figure lb is the mean (or ave rage) amb ient risk for 19 Los
• Angeles SOBs. On average, these SOBs are the. point - sources of ambient crime risk. The
I ambient risk decays rapidly with distance from the SOB address. Walking toward the address,
the hypothetical pedestrian is confronted with exponentially increasing risk; walking away from
theaddress, on the other hand; risk decays. � ' ' • - - •
1 •
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RICHARD MCCLEARY, Pn.D.
Figure lc Here
Figure lc plots the same function as a risk ratio. To facilitate interpretation, these risk
ratios are standardized by the mean ambient rate of the entire 1,100 -foot circle. Standing within
50 -feet of an SOB, the hypothetical pedestrian's victimization risk is approximately eleven times
higher than the neighborhood average. At 300 feet, ambient victimization risk is `only" twice
the neighborhood average. After 750 to 850 feet, the difference between the point- source and
neighborhood background risks is practically imperceptible. This is not to say that the point-
source risk is zero (or that it does not exist); but it is difficult to measure at that distance. It is
like noise in that respect.
2. THE Los ANGELES DATA
To address the central questions of this suit, data were collected from the City's 1
Department of Building and Safety and from the LAID. Site visits and interviews were
conducted to assess the properties and quality of these data.
2.1 THE STUDY SITE SAMPLE
Selecting a sample of SOB sites involves balancing three considerations. First, for purely
statistical reasons, the sample should be as large as possible; more sites means greater statistical
power. Second, for the same reason, the sample sites should be as homogeneous as possible;
extraneous dissimilarities among the sampled sites reduces statistical power. Third, the history
of each sampled site must be well characterized. We must know how long each SOB has been
operating, i.e., what subclass it belongs to, and so forth.
Table 2.1 Here 1
The sample of 20 SOBs listed in Table 2.1 reflects a careful balance of the three
considerations. Because the list was compiled by the City's Department of Building and Safety,
the history of each site is known. Since the list is limited to stand -alone bookstores and
combined bookstore- arcades, it consists of two homogeneous sub - samples. Finally, compared to
my experience in other studies, this is a relatively large sample. Although "more data" is always
preferred to "less data," the sample proved sufficiently large.
Between April, 2006 and the present, the suitability of each of the 20 sites was assessed.
The assessment included internet searches and telephone inquiries in many instances and
"eyeball" site visits in every instance. This process led to the exclusion of the site (in green)
located at 6315'4 Hollywood Boulevard because it was located within a few feet of a live
. entertainment SOB. Keeping this site in the sample would have introduced an unnecessary •
element of heterogeneity. Excluding this site left seven stand -alone bookstores (in bliue) and
twelve combined bookstore- arcades (in red). •
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2.2 THE CRIME INCIDENT SAMPLE
I Selecting a sample of crime incidents involves an analogous balancing process. The
sample should be as large as possible, e.g., but yet optimally homogeneous, reliable, and
I interpretable. Each crime incident has several bits of information, including the type of crime,
the location, the time of occurrence, and so. forth. Since the location of the incident was the most
important bit of information, given our study goals, we began (and ended) our search for data at
1 the LAPD's COMPSTAT unit.'
The architecture of the COMPSTAT database supports retrieval of crime incidents by
I LAPD Reporting Districts. To ensure the completeness of our data, we requested geo -coded
crime incident reports for every Reporting District that was located within 1,500 feet of any of
the 20 SOBs, beginning January 1, 2001. To comply with an existing policy, COMPSTAT
excluded all information on rape cases and stripped unique internal identifiers from each incident
1 record. The unique case identifiers were saved in a separate linkable file held by COMPSTAT.
The COMPSTAT file was initially processed with ARCMap 9.0. COMPSTAT latitudes
I and longitudes were converted to State Plane 9 foot -unit Cartesian co- ordinates. Euclidean
distances from crime incidents to SOB sites were computed by the Pythagorean formula.
Exploratory analyses suggested that errors in the Euclidean distances were smaller than ten
I percent. Accordingly, for each site, incidents with distances greater than 1,100 feet were
discarded, leaving all incidents in an 1,100- radius of the sites.
The COMPSTAT files described each crime incident with one or more non- exclusive
labels drawn from a set of 155. To facilitate analysis, the 155 categories were collapsed into five
categories:
I UCR Part I Personal (Homicide, Aggravated Assault, Robbery, and Rape)
UCR Part 1 Property (Burglary, Larceny, Auto Theft, and Arson)
UCR Part II Personal
I UCR Part.II Property
All,Other Incidents .
1 An FBI NIBRS -UCR translation protocol was used to construct the five categories. The
translation map and frequency distributions are listed in an appendix. Table 2.2 reports incident
totals and subclass means for the five crime categories for each of the 19 sites. Across all sites,
1 the residual "other" category constitutes less than 13 percent of the incidents.
1
- s Headed by Detect ye'Jeff Gowdown, the COMPSTAT statistical analysis utlit collects •
1 and disseminates geo -coded crime incidents for plaining and budgeting , . •
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RICHARD MCCLEARY, PII.D.
Table 2.2 Here
2.3 CONCLUDING MUTE ON TSE SAMPLES
Sites and incidents were excluded from the analytic sample strictly on methodological
grounds, usually relating to "missing" data. Incidents involving forcible rape are the exception.
These incidents were withheld from us in order to comply with an existing LAPD policy. These
exclusions appear to have no substantive impact on the results. To confirm this point, models
were replicated with and without excluded sites and crime categories. None of these replications
produced results that would be inconsistent with or that would lead me t� doubt the reported
results.
3. STATISTICAL RESULTS
To address the central questions in this suit, I conducted a statistical analysis based on the
Poisson family of models. The analysis compared the ambient crime risk functions of bookstore-
arcades to the ambient risk functions of stand -alone bookstores. The results of this analysis
demonstrate that the two SOB subtypes have significantly different pattems of ambient risk
Whereas the ambient crime risk of bookstore - arcades is heavily concentrated near the address,
the ambient risk of at stand -alone bookstores is more pervasive. From a theoretical perspective, 1
these differences point to qualitatively different policing strategies. The differences Iegitimate
the view that, compared to stand -alone SOBs, the ambient crime risk for combined SOBs is
considerably higher and more serious at the source. 1
3.1 CRIME AS A POISSON PROCESS
In the early 19"' Century, French mathematician, S.D. Poisson developed an interest in the • 1
scattered distribution of crimes across Paris neighborhoods.' Poisson proposed the probability
density function that bears his nanie to describe the spatial scattering of crime incidents.' Briefly,
if x is the number of crimes that occur in a neighborhood (or any other fixed area) during a year
(or any other fixed period of time), the probability that exactly k crimes will occur in the
'Published in 1837 as Recherches sur la probabilite des 'u cements en matiere criminelle
P
et matiere civile. Although I'm certain that one exists, I couldn't find an English translation on
Amaron.com. In any event, the history and technical details are given in F. Haight, Handbook of
the Poisson Distribution (John Wiley and. Sons, New York 1967).
If x is the number of crimes that occur in a fixed area — say; one city block — in a fixed
period of time — say, one year — the probability that exactly k crimes occur on any block in any
year is Prob(x =k) = R e k / k! (for k = 0, 1, 2, ...). The parameter A (lambda) is the Poisson mean, :
• estimated in the ordinary way., In this instance, since there are 48 crime incidents scattered over . •
1, 2.1'0, 000. square feet, X = 48/1,210,000 0.00004. incidents per square foot
•
•
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RICHARD MCCLEARY, Pn.D.
neighborhood during the next year is given by the Poisson density function,
Prob(x = k) = l e k / k! where X is the crime rate
I To illustrate how this density function works, in 2000, the robbery rate in Los Angeles was
2 = .0041 per capita robberies
' Plugging this mean into the Poisson density function, the probability a randomly selected resident
of Los Angeles will be robbed in the next year is
1 • Prob(x = 0) = (0.0041 e 0.0041 / 0! . 0.99591 - .
In the next year, 99.59 percent of the resident population will not experience a robbery in the
.' next year. The proportion who will experience k =1 robbery is, .
Prob(x = I) =(0.0041)' a 0.0041 / 1! 0.00408
which, not surprisingly, is the per capita robbery rate. A very small (and unfortunate) proportion
of these cases will experience a second robbery. For k =2 robberies,
1 Prob(x = 2) = (0.0041)2 e 0.0041 / 2! ti 0.00000584
I and so forth. .,Using the same Poisson density function formula, one can calculate the proportion
of individuals who experience lc= 3, 4, ... robberies. The proportions approach zero rapidly.
I These probabilities apply to a randomly selected individual who spends one year •
wandering the streets of Los Angeles. The way think about crime rates, these probabilities are
inherently temporal or longitudinal-. The same Poisson density function can be.used to calculate
I the probabilities of inherently spatial phenomena, however. To illustrate, the simulated Poisson
processes in Figure 3.1 have distributed or scattered 48 crime incidents across virtually identical
1,210,000 square -foot neighborhoods. Although both Poisson distributions were generated with
the sane crime rate (X=48 crimes /area/year), in terms of their visual appearance, the two
1 distributions are as different as night and day. .
Figure 3.1 I -Iere
The left -hand distribution in Figure 3 -1 is completely random.' Crime risk is distributed
•
1
• 5 P.J. Diggle (Statisti Analysis of Spatial Point Patterns, 2 1d Ed . Arnold, 2.002) u • :
1 "complete spatial randomness" as a synonym for "Poisson." • The Cartesian (X Y,) co- ordinates. - • •
•
I ®®ce
1 .
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evenly across the blocks of this neighborhood. The right -hand distribution has the same crime
rate but risk emanates from a point - source, hence the name point source random. As one moves
away from the point - source, risk diminishes exponentially. Spatial distributions of this type
rarely arise by chance alone but, in most instances, are generated by point - sources such as SOBs.
3.2 AMBIENT CRIME RISK AS A FUNCTION OF DISTANCE FROM THE SITE
Risk- distance relationships (or loosely speaking, functions) long been used to document
the ambient crime risks of SOBs. The model used here is an application of a statistical model
that Dr. Mark Stiger and I developed some years ago for a similarproblem on an isolated site.'
The present model is adapted to multi -site analyses by incorporating appropriate error terms for
the sites. The resulting family of models are known, variously, as Poisson hierarchical,' multi-
level, or random co- efficient models.
At its simplest stage, the model equates the Poisson mean of a parcel with the area of the •
parcel and, hypothetically, with the distance of the parcel from the SOB, To implement this
simplest model, select any of the 19 SOBs and construct 22 concentric circles (see Figure 1 a)
with radii of 50, 100, 150, ..., 1,100 feet from the address. The number of crime incidents in the
i` concentric parcel — and hence, the Poisson mean = is a function of the area of the parcel and,
hypothetically, the distance of the parcel from the SOB site. That is,
of the i' completely random crime were drawn from a uniform distribution of the segment ( -6,6). •
6 The polar (0 S co- ordinates of the l point- source random crime were drawn from a
uniform distribution of the segment (0,2n for 0 and an exponential distribution of the segment
(0,6 for S Polar co- ordinates (0 translate into the Cartesian plane as X = S cos(0) and Y _
S sin(0).
McPherson, M: and G. Silloway. An Analysis of the Relationship between Adult 1
Entertainment Establishments, Crime, and Housing Values. Minnesota Crime Prevention
Center, Inc. October, 1980.
8 E.g., in "Confirmatory spatial analysis by regressions of a Poisson variable," (Journal of
Quantitative Anthropology, 1989, 2:13 -38) Mark Stiger and I model the spatial distribution of
bones at an archaeological site. 1
•
Bryk, A.S. and S.W. Raudenbush. Hierarchical Linear Models: Applications and Data •
Analysis Methods. Sage, 2002. 1
' Goldstein, H. Multilevel Statistical Models, 2' Ed. Halsted Press, 1995. •
•
" Lcingford,.N.T. Random Coefficient Models. Oxford University Press, 1993. 1
•
DOC. • 1
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1 ; = function (Area ; , Distance ;) i = 1,..., 22 concentric parcels
I A log- linear ( "link ") function is conventionally specified in order to take advantage of maximum
likelihood theory.' Thus,
1 Log (1 I Area ;) = po + RI Distance ; + T where • Ti -N(µ, 4))
I The stochastic term T accounts for the effects of the many small measurement errors that accrue
from various sources. Finally, since there are 19 distinct SOB' sites, it will be useful to add a .
second subscript to the simple model. Thus,
I Log (A 1 Area ;) . = po + p., Distance • + c j = 1, ... 19 SOB sites '
1 Adding a second subscript allows for (i x j = 22 x 19 =) 418 distinct means.
The next step in the model- building process involves incorporating explanatory variables
I that correspond to systematic sources of variance in the X Hypothetically, the Poisson mean
varies by SOB subclass; bookstore- arcades and bookstores pose qualitatively different ambient
risks and, thus, have distinct means. Likewise, as a matter of fact, each of the five crime
I categories has a distinct mean. - Incorporating these two variables into the model,
Log (A I Area o ) p + p, Distance 0 + 13 Subclass o + 03 Crime q + T
I Coding both variables as dichotomous (0, I) indicators allows parameters 13 and N3 to be
interpreted as intercepts. More important for our purposes, defining both variables as
dichotomous indicators allows for straightforward estimation of subclass interactions with
I distance and crime categories.
Log (X, I Area o ) = • 13 Distance o + 02 Subclass o + p Crime o
1 + y, Subclass o • Distance o + 7 Crime o • Distance o + T
Finally, to account for residual site- specific variance, independent of all other considerations,
each of the 19 SOBs is allowed to have its own stochastic term. Conceptually, this can be
written as
Log (X I Area ;j ) = ( +13, Distance o + 13 Subclass ;i + 0 Crime o
1 + y, Subclass o • Distance o + 7 Crime o • Distance o + t .
1
• i2 McCullagli, P. and J.A. Nelder. Generalized Linear Models, 2" d Edition: Chapman' and
. Hall, 1989.. .
•
N®
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where ( - r(N, Jr).
Table 3.2 Here
Parameter estimates from GLLAMM in Stata Version 9.2 are reported in Table 3.2. The • 1
columns of this table defined as follows:
• The numbers in the column labeled "13" are the actual regression parameter estimates.
Since these numbers are reported in the natural logarithm metric, their substantive
- interpretation is difficult.
• The numbers in the column labeled "sa3)" are the associated standard errors derived
from maximum likelihood. The ratio of a 3 to the corresponding s((3) is used to
test the statistical significance of an effect.
• The numbers in the column labeled "t(R)" are the ratios of corresponding I3 andt s((3).
Under the null hypothesis, absolute values of t(13) larger than 2.0 are statistically
significant at the conventional 95 percent confidence level.
• The column of numbers labeled "expa3)" are exponentiated parameter estimates.
Whereas a 3 is difficult to interpret, exp((3) is interpreted as the multiplicative
effect of the variable. After taking care of a somewhat more important matter, I
will explain how to interpret these numbers.
Since all (but one) of the t- statistics reported in Table 3.2 are statistically significant, all (but one)
of the null hypotheses are rejected at the conventional 95 percent confidence level. This supports
two conclusions:
• Both subclasses pose large, significant ambient crime risks; both are point- sources of
ambient risk.
• Nevertheless, the ambient risks of the two subclasses are qualitatively different.
To explore the qualitative differences between the two subclasses, the parameter estimates
•
reported in Table 3.2 were used to plot the risk functions in Figures 3.2a -c.
•
Figures 3.2a -c Here
Figures 3.2a -c plot the ambient risks by distance for the UCR Personal, Property, and
Serious crime categories. In all three figures, the horizontal axis is calibrated in distance from an •
• SOB site in 50 -foot increments. The vertical axes range from zero to 0.0003 arid are interpreted
as distance - specific Poisson means.
•
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• To illustrate the interpretation of these functions, Figure 3.2a reports the means for UCR
1 Personal crimes within 50 feet of an SOB address as
•
A combined = 0.000138 and A. stand - alone = . 00003 8
f or the two subclasses. If these rates seem "small," it is because they have been averaged y g over a
circular area with a 50 -foot radius, an area of approximately (50 x 50 x 3.142 =) 7,855 square
1 feet. Multiplying the two rates by 7,855 yields
• '' combined = 1.084 and X stand-alone = 0.298
III
These rates apply to the 50 -foot circular parcel. If these rates now seem too "large," it is because
they are integrated over the period between January 1', 2001 and March 7 2007, approximately
6.18 years. Dividing A. combined and A. stand -alone by 6.18, •
X combined = 0.175 - and A. stand -alone = 0.048 .
Plugging these annual rates into the Poisson density function, the probability that exactly zero
0 UCR Personal crimes will occur within 50 feet the SOB's address of a combined bookstore -
arcade is,
II • Prob (k =0) • (0.1 c 0.l75) / 0! ,- 0.8394
For the subclass of stand -alone bookstores, in contrast
I.
1111 . — p -(0.048) � N
Prob (k =0) (0.048) e / 0. 0.9531
The c omplements of these probabilities are interpreted as the probabilities that at least one UCR
Personal crime will occur within 50 feet the SOB's address. For combined bookstore- arcades,
8 Prob (kz I) . 1 - 0.8394 = 0.1606
f • And for stand -alone SOBS,
•
•
Prob (kz 1) z 1 - 0.9531 0.0469
O
In fact, these numbers are very close to what we see in data. " . .
•
. • 1 " - DOCD .
•
INDEX
ii. . ,
AUG 9 2010
CITY OF YAKIMA
PLANNING DIV.
CRIME- RELATED SECONDARY EFFECTS - PAGE 13
RICIIARD MCCLEARY, Pn.D.
Figures 3.2d Here
Figure 3.2d plots the risk ratios for the three UCR categories. For UCR Personal,
Property, and Serious crime, ambient risk is highest for the subclass of combined bookstore -
arcades at any distance from the address. The risk ratio of most pronounced for UCR Personal
crimes, however. The rapid decay of the risk ratios with distance from the site can be deceptive.
To a large degree, the distance decay reflects the simple fact that, after several hundred feet,
ambient risk diminishes rapidly for all SOB subclasses.
4. SUMMARY
The findings of m analyses can be summarized succinctly. Regardless of subclass, Los
g Y Y Y g
Angeles SOBs are ambient crime risk point - sources. As a hypothetical pedestrian walks toward
the site, victimization risk rises. walking away from the site, victimization risk falls. The nature
of the ambient risk varies by subclass nevertheless. Compared to stand -alone SOBs, the ambient
risk functions of combined SOBs are more acute, quantitatively and qualitatively, nearer the
point- source. With respect to separating the subclasses, the difference in ambient risk functions
supports the City's ordinance.
The perspective of criminological theory supports separating the subclasses of SOBs.
Few criminologists would find Figure 3.2d surprising or controversial. To demonstrate this
point, 1 will review the relevant criminological theory of secondary effects.
4.1 THE CRIMINOLOGICAL THEORY OF SECONDARY EFFECTS
Adapted to secondary effects phenomena, the routine activity theory of crime" holds that
ambient crime risk is the product of four factors:
Targets x Value
Ambient Crime Risk = x Offenders
Police Presence
SOB sites have relatively high ambient crime risks because they attract relatively many targets to
their sites; and because, in the eyes of the rational offender, the targets have high values. The
13 This theory is due to L.B. Cohen and M. Felson, Social change and crime rate trends: A
routine activity approach. American Sociological Review, 1979, 44:588 -608. See also, M.
Felson's Crime and Everyday Life, Second Edition (Thousand Oaks, CA: Pine Forge Press,
1998). The routine activity theory that predicts the SOB -crime relationship is one the most . •
widely tested and accepted theories in modem social science. In 2005 alone, according to the
Social Science Citation Index, the 1979 Cohen - Felson article was cited 621 times. In the last 30
• years, the routine activity Theoy of crime risk has been tested thousands of times. Each test has •
confirmed the theory. •
•
•
DOC.
INDEX •
#
AUG 9 2010
CITY OF YAKIMA
PLANNING DIV.
I CRIME- RELATED SECONDARY EFFECTS - PAGE 14
RICUARD MCCLEARY, PH.D.
product of these two risk factors attracts predatory offenders with predictable consequences. •
111 Finally, since these offenders are rational, they avoid sites with visible police presence.
The rational offenders in this theory move freely from site to site, stopping at sites with
I high expected values and low police presence. They are "professional" criminals in the sense
that they lack legitimate means of livelihood and devote substantial time to illegitimate activities.
Some are vice purveyors who dabble in crime; others are criminals who use the promise of vice
e to lure and lull victims. In either case, they view SOB patrons as exceptionally valuable targets.
The characteristics that give adult business patrons their high values are inherent to the
II commercial activities that attracted them to the site. They are disproportionately male and open
to vice overtures; they carry cash; but most important of all, when victimized, they are reluctant
to involve the police: From the offender's perspective, they make "perfect" victims.
III The connection between crime and vice has been depicted in popular literature for at least
250 years. John Gay's Beggar's Opera (ca. 1765), e.g., concerns a predatory criminal MacHeath
and the vice ring composed of Lucy, Jenny, and Peachum. This popular view is reinforced by the
I empirical literature on criminal lifestyles and thought processes. In the earliest and best -known
empirical study, Clifford R. Shaw describes the daily life of "Stanley," a delinquent who lives
with a prostitute and preys on her clients.
I Criminological thinking on this point has changed very little in the 75 years since Shaw's •
The Jack - Roller. To document the rational choices of predatory criminals, Richard Wright and
I Scott Decker interviewed 86 active armed robbers.' Asked to describe a perfect victim, all
mention a victim who is involved in vice, either as a seller or buyer. Indeed, three of the armed
robbers interviewed by Wright and Decker worked as prostitutes:
1 From their perspective, the ideal robbery target was a married man in search of an
illicit sexual adventure; he would be disinclined to make a police report for fear of
exposing his own deviance (p. 69).
I '" If a site has N targets with values v ... v the site's expected value =
$ „ N , exp c va u e is E(v) 1/N (v, +
... -i v„). This is the "average" that an offender would expect to take from a randomly selected
1 victim at the site.
15 Shaw, C.R. The Jack - Roller: A Delinquent Boy's Own Story. University of Chicago
I
Press, 1966 [1930]): See also, Snodgrass, J. The Jack - Roller at Seventy. Lexington, MA:
Lexington Books, 1982.
1 .
16 W right, R.T. and SIT. Decker. Armed Robbers'in Action: Stickups and Street Culture.
Northeastern University Press, 1997.
•
111 DOC.'
INDEX
•
`.\UG 9 2010
CITY OF YAKIMA
PLANNING DIV.
CRIME- RELATED SECONDARY EFFECTS - PAGE 15
RICHARD MCCLEARY, Pn.D.
The rational calculus described by these three prostitute- robbers echoes the descriptions of other
professional predators. A synthesis of the extensive literature leads to the conclusion that, from 1
the perspective of the predatory criminal, SOB patrons are high -value targets.
Given a choice of SOB sites with roughly equal expected values, rational offenders prefer
the site with the lowest level of police presence. One ordinarily thinks of police presence in
strictly physical terms. An increase or decrease in the number of police physically at a site
reduces ambient risk. But police presence can also be virtual through remote camera surveillance
or even the presence of potential witnesses.
But whether physical or virtual, the effectiveness of police presence can be affected for
better or worse by broadly defined environmental factors. Due to the reduced effectiveness of
conventional patrolling after dark, e.g., crime risk rises at night, peaking around the time that
taverns close. Darkness has a lesser effect on other policing strategies, of course, and this raises
the general principle of optimizing the effectiveness of police presence. One theoretical reason
why SOB subclasses might have qualitatively different ambient risks is that they have different
optimal policing strategies.
4.2 THE THEORETICAL ROLE OF SUBCLASSES
Since all SOB subclasses draw valuable targets to their sites, criminological theory holds 1
that all will have crime- related secondary effects. Nevertheless, if the defining characteristic of a
subclass affects any of the risk factors — the number and /or value of the targets at the site, the
number of offenders who have pursued targets to the site, or the effectiveness of police presence
at the site — criminological theory allows for qualitative differences in ambient crime risk among
the subclasses.
In some instances, subclass specific risks arise because the defining characteristic of the
subclass implies (or creates) idiosyncratic opportunities (or risks) for particular types of crime,
Compared to the complementary subclass, e.g., SOBs that serve alcohol present idiosyncratic
opportunities for non - instrumental crimes, especially simple assault, disorderly conduct, etc.
Likewise, SOBs that provide on- premise entertainment present idiosyncratic opportunities for
vice crime, customer - employee assault, etc. Criminologists call this etiological crime category.
"opportunistic." There are many obvious examples and SOB regulations often treat subclasses
differently because their ambient opportunity structures are different.
But in addition to subclass- specific opportunity structures, the defining characteristic of 1
an SOB subclass may compromise the effectiveness of common policing strategies. Although
the opportunity structures of combined bookstore - arcades and stand -alone bookstores present
different opportunity structures, differences in the policing strategies required by the two SOB
subclasses represented in this suit are a more important consideration.
•
In the first case, the optimal policing strategy for arcades requires that a police officer
•
DOC.
INDEX
1
°t t,:rtilltlji
UN 9 2 010
HI Y OF YAKIMA
°CANNING Dili.
1 CRIME- RELATED SECONDARY EFFECTS - PAGE 16
RICRARD MCCLEARY, Pa.D.
inspect the interior premises. Since this places the officer at risk of injury, policing arcades
I requires specially trained and equipped officers, prior intelligence, specialized backup
manpower, and other resources. Since potential offenders can wait inside the premises without
arousing suspicion, routine drive -by patrols to "show the flag" are ineffective.
1 In the second case, routine drive -by patrols are central to the optimal policing strategy for
stand -alone bookstores. Since the ambient risk function for this subclass can cover a several-
' block area (see Figures 3a -c), drive -by patrols are an efficient way to provide a visible police
presence to the neighborhood. Visibility is per se a deterrent. Routine patrols can keep watch
for known offenders and suspicious activity. When problems are spotted, the routine patrol can
forward the information to a specialized unit or, if necessary, handle it on the spot, requesting
1 backup resources only as needed. .
To some extent, differences between the optimal policing strategies for the two SOB
I subclasses represented in this suit amount to differences in cost. The cost of policing arcades is
more expensive than the cost of policing bookstores. Even if the cost - differential were ignored,
however, the optimal strategy for policing bookstore - arcades would be ineffective for policing
I bookstores. Indeed, neighborhood patrols by plainclothes officers in unmarked cars would be
inefficient. Whereas visibility is a key component of the optimal policing strategy for
bookstores, for arcades, the optimal strategy requires invisible police presence.
1 "Problem- oriented policing," the prevailing philosophy of policing in Los Angeles (and
for that matter, in the U.S. and Europe), points to legitimate rationale for the spatial separation of
I SOB subclasses. ' In simple terms, problem- oriented policing consists of analyzing a public
safety problem qua problem; of developing an intervention that reflects the problem's unique
properties and that utilizes the local environment; and of measuring the effectiveness of the
I intervention. The analyses reported in Section 3 above demonstrate that, while both SOB
subclasses have crime - related secondary effects, qualitative differences in their effects dictate
very different optimal policing strategies. In light of these differences, implementing a single
procrustian policing strategy for all SOB subclasses would be wasteful and inoptimal.
" William J. Bratton, the current LAPD Chief, is an early, well -known proponent of
I problem- oriented policing. See, e.g.; Bratton, W.J. The New York City Police Department's
civil enforcement of quality-of-life crimes. Journal of Law and Policy. 1994, 3:447 -464; or
I Kelling, G.L. and W.J, Bratton. Declining crime rates: insiders' views of the New York City
story. Journal of Criminal Law and Criminology, 1998, 88:1217 -1232. A recent speech by
. Chief Bratton (A Practitoner's Perspective, From the Streets. National Institute of Justice Annual
1 Conference, July 17 2006) is posted on the LAPD website. For a background discussion, see
Goldstein, H. Problem- Oriented Policing. Wiley, 1990.
18 See, e.g., National Research Council. Fairness and E in Policing: The
1 Evidence. National Academies Press, 2004.
DOC. .
INDEX
1 # )1)'i .
.i.UG 9 2010 1
CITY OF YAKIMA
PLANNING DIV,
CRIME - RELATED SECONDARY EFFECTS - PAGE 17
1
RICHARD MCCLEARY, PH.D.
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. . INDEX
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1
' AUG 9 2010
1 CITY OF YAKIMA
PLANNING DIV.
• I RICHARD SECONDARY EFFECTS - PAGE 18
RICARD MCCLEARY, PI .D.
Technical Appendices
_A. Converting latitude and Longitude to Cartesian Co- ordinates
I The COMPSTAT data file identified the locations of crime incidents by address and by
• longitude and latitude (CMMELOCX and CRIMELOCY). The North American Datum 1927
projection was used for the co- ordinates was North American Datum 1927. To translate the
I latitudes and longitudes to Cartesian co- ordinates, the plotted data were read into ArcMap 9.0
and were reprojected in State Plane California 1983 (feet) area V. The results were exported to
an MS Access database file.
1 B. Converting COMPSTAT Crime Categories to UCR Categories .
UCR Part I UCR Part II All
1 • , Personal Property Personal Property Other
110 32 310 2212 250 7 442 909 234 89
1 210 2207 320 151 251 19 444 4 237 33
220 308 330 . 3248 624 4292 471 7 762 '11
230 , 2008 331 323 • 626 409 474 2 805 9
1 231 ,33 341 1959 627 ' 16 475 2 806 17
'235 16 343 34 753 19 649 346 810 39
236 687 345 4 755 57 651 176 812 87
I 350 206 347 1 756 9 652 170 813 49
351 44 410 76 761 137 653 22 850 74
352 31' 420 1147 763 23 •654 20 900 251
I 354 432 421 8 886 83 660 15 901 85
434 2 430 3 888 302 661 4 902 3
. 437 7 431 1 910 44 662 27 903 10
439 4 433 4 920
1 . 4 664 14 943 5
450 5 440 2821 922 24 666 2 946 1445
451. 1. 441 36 928 175 668 32 954 '6
I 622 6 480 19 930 1341 670 7 975 l
623 126 485 1 956 504 740 819 976 276
647 39 487 2 970 31 745 2294 978 518
I 860 182 510 3237 972 10 924
948 3 979 210
940 20 520 86 6 980 560
521 264 • - • 949. 3 986 . 31
648 21 • 997 2889 • .
I • 932 ' 21 • 998 9480 • ` 933 13 999 13009
• • 942,, . 3 . ..
• : DOC.
I ..
• INDEX .
• #,fi
1-
ttitl V Mtn'
1
AUG 9 2010
CITY OF YAKIIVIA 1
PLANNING DIV.
CRIME- RELATED SECONDARY EFFECTS - PAGE 19
RICHARD MCCLEARY, PH.D.
950 9
951 38
1
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1
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1
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1
• DOC. 1
INDEX
-BUG 9 2010
I CITY OF YAKIMA
PLANNING DIV.
1 CRIME- RELATED SECONDARY EFFECTS - PAGE 20
RICHARD MCCLEARY, pill).
Figure la - Concentric Parcels Centered on a Point- Source
I d= 1, 2,3,...parcels
/F $•
,F�.. c am,
Radius of the d th parcel = r d feet
1 Area of the parcel = n (r d) 2 - n [ r (d -1)] 2 square feet
..,..tea
1
1
•
i
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1
1
1
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1
1 DOC,
INDEX
1
RECEIVED 1
:AUG 9 2010
CITY OF YAKIMA
PLANNING DIV.
CRIME- RELATED SECONDARY EFFECTS - PAGE 21
RICHARD MCCLEARY, PH.D.
Figure lb - Mean Ambient Risk for Nineteen Los Angeles SOBs
Victimization
Risk
.004 —
003 —
UCR Part 1 and 11
.002 — Femoral Crime
Nwini sion Risk
.001 — 1
0 250 500 750 1000
Distance in feet from the address
•
1
1
1
1
1
1
1
1
•
•
• .. .. DOC. 1
•
•
INDEX
# • b -/
t'l a V S: ' Irr
1
AUG 92010
CITY OF YAKIMA
PLANNING DIV.
1 CRIME- RELATED SECONDARY EFFECTS - PAGE 22
RICHARD.MCCLEARY, PII.D.
Figure 1 c - Mean Risk Ratios for Nineteen Los Angeles SOBs
Risk Ratio
12 —
10
1 8
UCRPartlandq
6 Personal Crime
2 —
1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r r i i
0 250 500 750 1000
Distance m feet from the address
1
•
•
•
•
• 1
1
1
1
1
1
Q.QCA
•
INDEX
•
s' f, v L.t, '
•
AUG 9 2010
CITY OF YAI IMft
P
1
LANNING DIV.
CRIME- RELATED SECONDARY EFFECTS - PAGE 23
RICHARD MCCLEARY, PH.D.
Table 2.1 - SOBs in the City of Los Angeles .
Business Name Business Address r
•
Talk of the Valley • 15452 Devonshire
Le Sex Shoppe 21625 Sherman Way . ii
Sherman Way Adult Books 11841 Sherman Way
Drake's 7566 Melrose Ave
Circus of Books 4001 W. Sunset Blvd
Bruce & Jeffrey's Bird Cage 12300'/2 West Pico Blvd
Adult Video Warehouse 9718 Glenoaks Blvd
Le Sex Shoppe 4539 Van Nuys Blvd
Brand X Videos 6161 Van Nuys Blvd
Adult \Vorld Video 6406 Van Nuys Blvd
J &B Book and Video 10930 Vanowen Street
X -Spot 2 (aka Alameda Books) . . 1901 S. Alameda Street, #I01
Stan's Bookstore 1117 N. Western r
X -Spot 1 (aka Le Sex Shoppe) 5507 Hollywood Blvd.
-Spin 3 (aka Itigllland Rooks) 6775 Santa Monica Blvd. 46
Le Sex Shoppe 31.17 N San Fernando Road
1 e Sex Sholtl►r 4877 1 ankershim I It d
I,e Sex Shnitl►r 12323 Ventura Blvd
.lason', II 64118 Iu,jtinga \\e
t,t: Styx Shoppt 6315 L : 11 o11v tv nod 131x d r
Bookstores nooktil..ri• trr:nl.• Ltcluded Irani sample
r
•
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r
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IN
RECEIVED
AUG 9 2010
1 CITY OF YAKIMA
PLANNING DIV.
I CRIME- RELATED SECONDARY EFFECTS - PAGE 24
RICHARD MCCLEARY, PH.D.
I Table 2.2 - Total Crimes, Jan 1, 2001- March 6, 2007
UCR Personal UCR Property '
Part 1 Part 11I Part I Part 11I Other
I 15452 Devonshire 207 157 631 322 123
21625 Sherman 195 188 468 199 227
I 12300 W. Pico 105
7566 Melrose 177 51 157 47 149 38
588 266 127
4001 W. Sunset 138 182 438 130 108
I 11841 Sherman Way 68 35
10 274 44 84
9718 Glenoaks 12 109 21 29
Subclass Mean 120.9 111.1 379.6 145.7 114.7
I 91 1901 S Alameda
46 362 28 119
6775 Santa Monica 516 541 1192 238 229
I 1117 N. 'Western 745 603 878 525 300
5507I1o11y‘►oull 563 560 1045 460 273
3147 N. San Fernand 125 121 710 108 109
I 12323 Ventura 75 74 363 166 70
1539 \ an \ u■, 148 220 620 223 211
4877 I .:mkt rshim 207 179 808 161 180
(1 b 1 \ an \ u ∎ s 225 590 498 236 495
I . 6406 r'an u� ti 317 537 730 275 271
10930 \'an en 1 11 147 383 62 99
0408 1 ujun;,:► 67 62 234 45 109
I . • Subclass Mean 265.8 306.7 651.9 210.6 205.4
1
1
1
1 .
INDEX
1 # 7).D
KCLiGI V LLJ 1
AUG 9 2010
CITY OF YAKIMA 1
PLANNING DIV.
CRIME- RELATED SECONDARY EFFECTS - PAGE 25 1
RICHARD MCCLEARY, PH.D.
Figure 3.1a - Simulated. Spatial Distributions of 48 Crimes
Completely Random Point-Source Random
e, 0 '.
.. n E
c e P a
P 0 n
LL F C < 8
f-4 8 - • e „ i . 2. rt r c v
_ o co
' ` 0 c< ` i 4
a < a
o a 4 u : a
Eat.N mu P Ina t ,4, ®LNkkcl Otto ce Q: t[IOlt) i
1
1
1
1
1
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1
.• 1
• 1
DIOCU
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. • • # ') - 1
RECEIVED
1
RUG 9 2 010
CITY OF YAKIMA
PLANNING DIV.
1 CRIME- RELATED SECONDARY EFFECTS - PAGE 26
RICHARD MCCLEARY, PH.D.
Table 3.2 - Parameter Estimates for the Poisson Regression. Model -
' P s(f3 /Y) t(0 /Y) eXPPY)
Constant - 9.6311 0.24454 - 39.38 .00007
Distance - 0.0011 0.00005 -20.64 0.999
Combined SOB 0.8117 0.29833 2.72 2.252
UCR Personal - 0.4886 0.05264 -9.28 0.613
1 UCR Property 0.2824 0.04842 5.83 1.326
UCR Serious 0.7033 0.03366 20.89 2.020
' Combined • Distance - 0.0003 0.00006 -5.51 0.999
Combined • Personal 0.4932 0.05853 8.43 1.638
Combined • Property 0.1320 0.05436 2.43 1.141
Combined • Serious - 0.1299 0.03722 -3.49 0.878
' 0.3422 0.10854
1
1
1
1
1 -
1
1 -
1
•
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1 • D ®c• .
• INDEX -
1 # 5D-!
AUG 9 2 01 0
CITY OF YAKIMA 1
PLANNING DIV.
CRIME- RELATED SECONDARY EFFECTS - PAGE 27
RICHARD MCCLEARY, PII.D.
Figure 3.2a - Victimization Risk by Distance from Site, UCR Personal Crime 1
Victimization Risk
Personal Crime Ot 1 (1 4 )
3—
2.5— 1
2—
1.5—
Bookstore- A.rr.ades
1—
0.5 — Bookstores
0 1 1 r 1 1 1 1 1 1 r r r r r i r 1 i r 1 i r
0 250 500 750 1000
Distance in feet from the address
1
1
1
1
1
•
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INDEX
1
1
DOVE 1
11)-1 •
1
RECEIVED
AUG 9 2010
1
CITY OpF1 nYAKIM`A
CRIME- RELATED SECONDARY EFFECTS - P GE 2 DI V
RICHARD MCCLEARY, PH.D.
Figure 3.2b - Victimization. Risk by Distance from Site, UCR Property Crime
Victimization Risk
Property Crime (x10
3-
2.5-
2-
Bookstore- Arcades
1.5-
1 - Bookstores
0.5 -
1 0 1 1 I I I I 1 I 1 1 1 r 1 1 1 1 1 1 1 r 1 1
0 260 500 750 1000
Ciistan a in feet from th a address
1
1
1
1
•
•
•
•
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• I .. • .. - _ .. DOC, •• '
1
AUG 9 2010
1
CITY OF YAKIMAA .
PLANNING DIV.
CRIME- RELATED SECONDARY EFFECTS - PAGE 29
RICHARD MCCLEARY, PH.D.
Figure 3.2c - Victimization Risk by Distance from Site, UCR Serious Crime 1
Victimization Risk
Serious Crime (x104) 1
3-
2.5-
2-
Bookstore- Arcades
1.5-
Bookstores
0 1 I 1 1 I 1 1 1 1 I I I I I I I I I 1 1 1 1
0 250 500 750 1000
Distance in feet Irrj,n the addre;:;,
•
• 1
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1
1
1
1
1
DOC.
IND
1
BUG 9 2010
CITY OF YAKIMA •
PLANNING DIV.
CRIME- RELATED SECONDARY EFFECTS - PAGE 30
RICHARD MCCLEARY, PH.D.
Figure 3.2d - Risk Ratios for Three UCR Crime Categories
Risk Ratio
Combined : Stand-alone
4
UCR Personal
3.5 —
1 3
UCR Properly
2.5 —
II 2 _ UCR Serious
1.5 -
i 1
0 250 500
750 1000
06.tanet in feet from the address
1
1
1
1
•
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DOC • •
I
' NDEX
•
mtm'ismlvtEJ 1
AUG 9 2010
CITY OF YAKIMA 1
ATTACHMENT B PLANNING DIV.
Report to the County Attorney 1
Palm Beach County, FL, August 15, 2007 1
Dr. Valerie Jenness, Professor Richard McCleary, Dr. James Meeker
1
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DOC. 1
INDEX Page 39
1 AUG 9 2010
CITY OF YAKlittlh
PLANNING DIV.
CRIME- RELATED SECONDARY EFFECTS OF
SEXUALLY- ORIENTED BUSINESSES
' REPORT TO THE COUNTY ATTORNEY
PALM BEACH COUNTY, FLORIDA
1 EXECUTIVE SUMMARY
1 Valerie Jenness, Ph.D.'
Richard McCleary, Ph.D.
' James W. Meeker, JD, Ph.D.
August 15, 2007
•
1 .
Alphabetical authorship.
1
' DOC.
INDEX
AUG 9 2010
CITY OF YAKIIV1h
PLANNING DIV.
The Palm Beach County Attorney has retained us to formulate and express opinions on
the crime- related secondary effects questions raised in Palm Beach County v. Casablanca East.
Based on our expertise in the areas of criminology, law, and statistics and on our prior research,
we have three general opinions:
• The c . m
nmological theory of secondary effects predicts that sexually -
oriented businesses (SOBs) will have large, significant crime- related secondary
effects. This occurs because SOBs draw customers from wide catchment areas.
Because these customers are disproportionately male, open to vice overtures, and
reluctant to report victimization to the police, offender see them as "soft" targets. •
The high density of "soft" targets near SOBs attracts offenders of two types: vice
purveyors who dabble in crime and criminals who promise vice in order to lure or
lull potential victims.
• Crime- related secondary effect studies, using a range of designs and and
variables, demonstrate that SOBs have large crime - related secondary effects.
• In light of the strong theoretical expectation and extensive empirical
corroboration, it is a scientific fact that SOBs pose ambient crime risks.
In addition to the three general opinions, we have several opinions specific to the County and to
this lawsuit.
Plaintiff's expert, Dr. Randy D. Fisher, has argued that the County has relied on 1
methodologically flawed evidence; and that more rigorous studies, conducted by Dr. Fisher and
his colleagues, find no secondary effects. We disagree with Dr. Fisher.
• Dr. Fisher's methodological rules have been rejected by the social science
g J Y
community and by the courts. Judged by conventional methodological rules, the
factual predicate of the County's ordinances is sufficient. 1
• Dr. Fisher's studies are not more rigorous than the studies relied on by the
County. Nor do the results of his studies show that SOBs have no secondary
• effects. Like the studies relied on by the County, Dr. Fisher's studies find large,
statistically significant secondary effects.
To support Dr. Fisher's opinion, Plaintiffs expert, Dr. Terry A. Danner, analyzes 911 calls -for-
service and concludes that the crime - related secondary effects of Palm Beach County SOBs are
no larger than the analogous effects of non -SOB controls. We disagree with Dr. Danner's
premise and conclusion.
•
• The weak correlation between 911 calls and ambient crime makes it
(statistically) difficult to detect crime- related secondary effects. Criminologists do
not generally use 911 calls to measure ambient crime risk and courts concur with
criminologists on this point. ' • •
•
DOC.
•
INDEX .
,aUU 9 201E
• CITY OF YAKIM
PLANNING DIV.
1 EXEcuT1vE SUMMARY - PAGE 2
• Nevertheless, Dr. Danner's analysis of 911 calls fails to address the
I threshold question of whether SOBs and non -SOB controls in Palm Beach County
have equivalent crime- related secondary effects. .
I To address this threshold question, we collected crime incident reports from the Palm Beach
County Sheriff's Office. Our analyses lead to a different answer and conclusion.
I • In both absolute and relative terms, Palm Beach County SOBs have large,
significant crime- related secondary effects. The effect is realized in all categories
of crime. •
For most readers, this secondary effect-analysis is the major product of our research. - • .
I 1. What Do the Palm Beach County Data Say?
Figure 1 summarizes our major finding. The horizontal axis gives the distance in feet •
from the address of an SOB (in red) or a non -SOB control (in blue). The horizontal axis gives
I the corresponding crime victimization risk or crime rate (x 1,000). For both SOBs (adult
. cabarets) and non -SOB controls (cabarets), victimization risk rises, exponentially as one moves
toward the address. As one moves from the address, risk drops exponentially. .
1
I • Figure 1 - Palm Beach County Secondary Effect, Total Crime
Risk Y woo
•
I
. . N
•
D.6 .`. /r,:. vs. Controls .
. u.4 '"....,,,
Iput
600
Distar":e in Feet from Address
•
1
With respect to total crime, Palm Beach County's adult and non -adult cabarets are risky .
I places. As Figure 1 makes clear, •however., SOB sites are•much riskier than control sites. At a
distance of 500 feet, approximately a long city block, the ambient risk is four times higher at
SOB sites. Ambient risk is substantially Lower at 1,000 feet But even • at that distance,, ambient • .
• risk•is 3.5 times higher at SOB sites. . - •
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The area between the two curves in Figure 1 is a geometric representation of the crime-
related secondary effect for Palm Beach County adult cabarets. At the conventional 95 percent
confidence level, the estimated effect is statistically significant. The effect is robust, persisting in
the face of every reasonable model variation. More important, of course, the effect depicted in
•
Figure 1 is consistent with the larger body of secondary effect studies. 1
2. The Fisher Report
One of the studies in this extensive literature is particularly relevant. Figure 2 plots the
results of the 2004 Daytona Beach study conducted by Dr. Fisher and his colleagues. The green
bars in Figure 2 report the ambient crime for "control" neighborhoods that have neither non -SOB
cabarets nor adult cabarets (SOBs). The blue and red bars in Figure 2 report ambient crime for
neighborhoods with non -SOB cabarets and adult cabarets, respectively. Ambient crime in the
control neighborhoods is fixed at 100 percent to facilitate interpretation. Ambient crime in the
I
non -SOB cabaret and adult cabaret neighborhoods are easily interpreted, then, as multiples of the
control neighborhood effects.
. 1
Figure2 - Results of the 2004 Daytona Beach Study .
Eff t:.1 O t..xua;is 1
e•a
.,t
Mb •« -rns
kWh Cabar. tz
4141 1
* II 11— Ilia J iiii at .
200
,c.c.
c.
P .ers• :.n Pr•F -:n v •e.. ON v. ihh?r Total 1
Source: Tables 7 - 19, Evaluating Potential Secondary Effects of Adult Cabarets in Daytona Beach,
Florida: el Study of Calls far Service to the Police in Reference to Ordinance O2 -496. Daniel Linz, Ph.D., I
Randy D. Fisher, Ph.D. and Mike Yao, April 7 2004.
The visually striking secondary effects plotted in Figure 2 should speak for themselves. 1
Non -SOB cabaret neighborhoods have 90 percent more total crime than control n eighborhoods..
But adult cabaret neighborhoods have 270 percent more total crime than control neighborhoods.
Although the secondary effects of non -SOB cabarets are large, in other words, the secondary 1
effects of adult cabarets are even larger. •
• Despit visually striking impression of Figur 2; Dr. Fisher's Daytona Beach results • ..
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proved controversial. Although the effects in Figure 2 are significant by conventional criteria,
I Dr. Fisher used a set of unconventional criteria to argue that his results were not significant and,
hence, that Daytona Beach adult cabarets had no secondary effects. To the surprise of many, the
trial court agreed with this argument and struck down a Daytona Beach anti -nudity ordinance. A
I panel of the 1 1" Circuit disagreed in Daytona Grand, Inc. v. City of Daytona Beach, Florida •
[No. 06 -12022 (11th Cir. 2007), 47 -48], noting that, by conventional criteria, Dr. Fisher's
estimates were indeed statistically significant. .
I . The experts are no doubt correct that factors other than the presence of adult
theaters affect crime rates in Daytona Beach: crime is plainly caused by many
•
factors. But that does little to undermine the City's' conclusion that adult theaters
I also affect crime rates, especially when the experts' own analysis shows a
statistically significant correlation between adult theaters and increased crime in
half of the areas in the study.
This finding is consistent with the striking visual impression of Figure 2.
g p �
I The Daytona Grand decision also rejected Dr. Fisher's methodological attack on the
factual predicate of the County's. ordinance. To cast doubt on the secondary effects studies relied
on by Palm Beach County, Dr. Fisher applied a set of methodological rules proposed by Paul,
I Linz, and Shafer (Government regulation of adult businesses through zoning and anti- nudity
ordinances: debunking the legal myth of negative secondary effects. Communication Law and
Policy, 2001, 6:355 -391). Although these methodological rules are widely cited by SOB
plaintiffs, they are not recognized by the scientific community. As of May, 15, 2007, the Linz -.
Paul - Shafer article had been cited only twice in peer - reviewed journals.
I More irri.portant, of course, the methodological rules proposed by Paul, Linz, and Shafer
have ,been rejected by the courts. With respect to the methodological rigor of the government's
secondary effect evidence, Daytona Grand reaffirmed the principle set down in. City of Renton v.
I Playtime Theatres, .Inc. [475 U.S. 41 (1986)]. The government's evidence must be "reasonably
believed to be relevant." The government need not show that its interpretation of the evidence is
the only reasonable interpretation, however; nor must it rule out competing interpretations of the
evidence. In rejecting the Linz -Paul- Shafer methodological canon, the 1 1'''.Circuit rejected Dr.
1 Fisher's attack on the County's factual predicate.
3. The Danner Report
1
Daytona a lso questioned the use of -
Y 9 911 calls for service to measure ambient crime
. risk; the 11' Circuit found this use of these data to be "problematic." We concur. In a recent
five -year period, Criminology and Justice Quarterly, the official journals of the two national
criminology professional associations, published 100 articles analyzing a crime - related statistic;
• only two, analyzed 911 . calls, but even in these two articles, 911 calls were not used to measure
•
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crime or crime risk (see McCleary, R. and J.W. Meeker. Journal of Sex Research, 2006, 43:194-
6). Modern criminologists do use 911 calls to measure crime risk. 1
Nevertheless, SOB plaintiffs prefer to measure secondary effects with 911 calls -for-
service and there are at least three reasons behind this preference:
II
• Because relatively few "victimless" crimes (drugs, prostitution, etc.) cone
in through 911 channels, 911 calls understate the incidence of these crimes 1
that weigh so heavily in an SOB's secondary effect.
• Due to their lower reliability, 911 calls make substantively large secondary
I
effects difficult to detect statistically.
• Many 911 addresses do not give the locations of the precipitating crime
incidents. This geo- coding convention can be used to mask the location of
a public safety hazard. In a recent Florida case, an SOB proprietor bribed
police officers to circumvent and/or to falsify 911 records.
Both Dr. Fisher's Daytona Beach study (Figure 2) and Dr. Danner's Palm Beach County study
used 911 calls to measure ambient risk.
II
Analyzing Palin Beach County 911 calls, Dr. Danner fnds that adult and non -adult
cabarets have the same secondary effects. The stark difference between our finding (Figure 1)
and Dr. Danner's can be attributed in part, of course, to differences in our measures of ambient
crime risk — 911 calls vs. crime incident reports. A much larger part of the difference is due to
the different ways we define "ambient." Whereas we count crime incidents over a large area
around the SOB and non -SOB sites, Dr. Danner counts 911 calls to the site address.
For crime - related calls, Dr. Danner finds that SOB addresses have 2.5 calls per month on
average vs. 2.9 for non -SOB control addresses. :For public order calls, SOB addresses have 3.1
calls per month vs. 2,0 for non -SOB control addresses. In Dr. Danner's opinion, this "does not
provide compelling evidence that the addition of various levels of nude dancing to the `nightclub
type environment' produces a pattern of crime and public disorder that appears to be uniquely
attributable to the adult cabaret category of business and that the generalization contained in the
`Finding of Fact' section of the Palm Beach County Adult Entertainment ordinance must be
called into question by the findings of this research. "
1
There are three fundamental problems with Dr. Danner's conclusion. First, by failing to
subject these differences to tests of statistical significance, Dr. Danner has violated one of Dr.
Fisher's most important methodological rules. Although we have not calculated the confidence 1
levels of the differences reported by Dr. Danner, the combined difference may be significant by
•
• .. • conventional criteria: .
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Ignoring that problem, Dr. Danner assumes that public safety hazards are contained to the
I address. If the hazard "seeps out" across the neighborhood, on the other hand, secondary effect
estimates are biased in an unknown way. The risk - distance function plotted in Figures 1 raises
this point.
1 Ignoring that problem, Dr. Danner's analyses assume that 911 calls - for - service are an
acceptable measure of crime risk.: That assumption is unwarranted. The 1 lt Circuit in Daytona
Grand (and decisions in at least three other Circuits) have rejected attempts by plaintiffs to use
I local studies based on 911 calls- for - service to cast direct doubt on an ordinance that the local
government supported with evidence of the sort relied upon by the County. In short, analyses of
1 these data are not sufficient to meet the standards required under Alameda Books to cast doubt on
the evidence proffered by the County to support the ordinance..
• 4. Conclusions
Based on our analyses of crime data and on our synthesis and review of the secondary
effects literature, the factual predicate of the Palm Beach County Ordinance is sufficient. Efforts
I to cast doubt on the County's factual predicate by Dr. Fisher fails to shift the burden of proof to
the County. Dr. Fisher's Daytona Beach study, in particular, demonstrates that adult cabarets
have large, significant crime - related secondary effects. • Dr. Fisher's methodological attacks on
I other foreign empirical secondary effect studies have been rejected by four Circuits, including the
11' in Daytona Grand. .
I The study of Palm Beach County 911 calls by Dr. Danner, which was intended to buttress
Dr. Fisher's critique of the foreign predicate evidence, also fails. The use of 911 calls to measure
ambient crime risk has been questioned by four Circuits, including again the 11t in Daytona
I Grand. Dr. Danner's analyses also assume that the ambient crime risk for a site is limited to the
site's address. In fact, as our study demonstrates, crime risk extends into the neighborhood,
diminishing as an exponential function of distance .from the site. Our study clearly shows the
I presence of crime - related secondary effects in Palm Beach County.
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1 2009
An Assessment of the Adult Entertainment Industry in Texas: Comprehensive Report, Keltison, 13., N. Busch-
1 Armendariz, J. Jarrett; et al. , 80th Texas Legislature, March, , Austin, TX, p.202, (2009) Tagged XML BibTex
Do "off- site" adult businesses have secondary effects? Legal doctrine, social theoyr, and empirical evidence, Richard .
1 McCleary, Alan C. Weinstein , Law and Policy, p.15 pp., (2009) Tagged XML BibTex
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2008 •
1 Report to the Town of Milford Planning Board, Thomas 3. O'Loughlin , Planning Board, Town of Milford, MA,
May 6, 2008, Milford, MA, p.5, (2008) Tagged XML BibTex •
1 Survey of Appraisers: Secondary Effects of Sexually - Oriented Businesses on Market Values; Connie Cooper and
Eric Damien Kelly , Texas City Attorney's Association, June, 2008, p.54, (2008) Tagged XML BibTex
1 • Rural hotspots: the case of adult businesses, Richard McCleary , Criminal Justice Policy Review, p.14 pp.,
(2008) Tagged xMt. nibTex
1 2007
Executive Summary, Report to the Palm Beach County Attorney, V. Jenness, R. McCleary, J.W. Meeker , County
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Attorney, Palm Beach County, FL, April 15th, 2007, Pahl Beach County, FL, p.7, (2007) Abstract
Tagged XMt_ BibTex
1 Crime- Related Secondary Effects of Sexually- Oriented Businesses, McCleary, R. , Los Angeles City Attorney,
05/2007, Los Angeles, p.31, (2007) Tagged XML BibTex
1 . 2006
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Adult Entertainment Working Group, Report and Recommendations; Scottish Ministers' Adult Entertainment
1 Working Group , Scottish Executive, Apr, 2006, Scotland, UK, p.98, (2006) Tagged XMt. BibTex
NLC Summaries of :SOB Land Use" Studies, National Law Center for Children and Families , American Center
1 . for Law and. Justice, 2006, U.S„ p.49, (2006) Tagged XML BibTex •
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Do Peep Shows "Cause" Crime? A Response to Linz, Paul and Yao, McCleary, R.; Meeker, J.W. , The Journal of
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Sex Research, 05/2006, Volume 43, Issue 2, p.194 -196, (2006) Tagged XML BibTex
en YAKuvlt;
2004 PLANNING DIV.
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Survey of Appraisers, Ft. Worth and Dallas, Effects of Land Uses on Surrounding Property Values, Duncan
Associates: Eric Damien Kelly and Connie B. Cooper , Fort Worth, TX, Sept, 2004, Fort Worth, TX, p.20,
(2004) Tagged XML BibTex
Methodological Critique of the Linz -Yao Report: Report to the City of Toledo, OH, R. McCleary; J.W. Meeker ,
Defendant, May 15, 2004, Toledo, OH, p.21, (2004) Tagged XMI. BibTex
Crime Risk in the Vicinity of a Sexually - Oriented Business, R. McCleary , City Attorney's Office, Feb 28, 2004,
Centralia, WA, p.9, (2004) Tagged XMI. Blbrex
Evaluating Potential Secondary Effects of Adult Cabarets and Video /Bookstores in Toledo, Ohio: A Study of Calls for
Service to the Police, Daniel Linz; Mike Yao , Plaintiffs, Feb 15, 2004, Toledo, OH, p.72, (2004)
•Tonged XMI. Bitirex
2003
A Methodological Critique of the Linz -Paul Report, McCleary, R.; Meeker, J.W. , San Diego City Attorney,
03/2003, San Diego, p.50, (2003) Tagged XML Bib-ex
Survey, Findings and Recommendatios of Sexually Oriented Businesses, Duncan Associates: Eric Damien Kelly
and Connie 8, Cooper , Toledo, OH, p.51, (2003) Tagged XMI. BibTex
2001
Study of the Secondary Effects of Adult Businesses in Charlotte- Mecklenburg,. Daniel Linz, Bryant Paul, et al. ,
Tarheel Foundation, 2001, Charlotte, NC, p.142, (2001) Tagged XMI. BibTex 111■■■
1998
A Report on the Secondary impacts of Adult Use Businesses in the City of Denver, City, Attorney's Office with
Contributios from Several City Departments , City Council, January, 1998, Denver, CO, p.62, (1998)
Tagged XML BibTex
Adult Business Study, Gary Palumbo, AICP , Town /Village Board, Jan, 1998, Ellicottville, NY, p.32, (1998) 1
Togged XMI. BibTex
1997
Why and How Our City Organized a Joint County -Wide Sexually Oriented Business Task Force, Regina Atwell , City
Attorney's Office, Oct 27, 1997, Cleburne, TX, p.13, (1997) Tagged XML BibTex
Communiuty Protection Committee's Final Report on Vice in Hamilton County with Recommendations, Community
Protection Committee , Hamilton County Board of Supervisors; Chattanooga City Council, May, 1997,
Chatanooga, TN, p.44, (1997) Tagged XML I"3II>Tex
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Study of Calls for Service to Adult Entertainment Establishments which Serve Alcoholic Beverages, Lt. Ron C11 OF YAKIMM
Sgt. Sue Miller, Board of County Commissioners, June 13, 1997, Fulton County, GA, p.94, ( LIV,
1 Tagged XMi.. r3iUTex
Legislative Report, Sexually Oriented Business Ordinance Revision Committee , City Council; January 7,
I 1997, Houston, p.20, (1997) Tagged XMLluibTex .
An Analysis of the Effects of SOBs on Surrounding Neighborhoods in Dallas,Texas, Peter Malin, MAI , Dallas, TX,
p "23, (1997) Tagged XML BibTex .
I 1996. .
1 NLC Summaries of :SOB Land Use" Studies, National Law Center for Children and Families , American Center
for Law and Justice, March 31, 1996, U.S., p.42, (1996) Tagged XMLBibTex
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1 JAMIE MUFFETT
APP #022 -10
EXHIBIT LIST
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CHAPTER EE
Staff Report •
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EE -1 Agenda Statement 08/11/10
1 EE -2 Staff Fact Sheet . 08/11/10 •
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1 City of Yakima, Washington _
Department of Community & Economic Development
Administrative Official's
1 Final Findings and Decision
May 28, 2010
1 Type (2) zoning review application Jamie Muffett to ) CL2 #005 -10
Establish an Adult Business in the General Commercial ) Vaughn McBride -
' Zoning district ) Associate Planner
) (50.9) 576 -6315
' REQUEST
•
Establish an Adult Business in the GC, General Commercial zoning district located at
2308 South 1st Street, Yakima. (Assessor's Parcel No. 191332- 32433)
1 SUMMARY OF RECOMMENDATION
The Planning Division recommends DENIAL of the application to establish an Adult
1 Business Dance Studio at 2308 S. lst Street„ Yakima, Washington.
FINDINGS
1 • BACKGROUND
On March 18, 2010, the Department of Community and Economic Development received
1 a Type (2) application from Jamie Muffett to establish an adult entertainment venue,
"Sinsations Gentleman's Club" at 2308 South l Street.
1 The subject parcel is zoned GC, General Commercial. The site formerly operated as a
retail activity. Attached to the subject building is another structure which shares a
common wall, located on a separate parcel to the south doing business as Northwest
1 Furniture. The applicant wishes to establish an Adult Dance Studio for adult
entertainment that will occupy.a building of 4,570 sq. ft. Normal hours of operation shall
be 11:OOam — 2:OOam, seven days a week. The entrance_of the building will be located in •
' the back; as will a minimum of fifty -eight (58) parking spaces located to the rear of the
structure. All off - street parking spaces are accessed via South 1 Street.
1 The narrative and related information supplied by the applicant describe the use as
follows: The building exterior will be painted neutral in color. Signage will be in the
form of a 4 -foot by 20 -foot wall sign painted on the face of the building. In compliance
' with existing regulations no seating will be positioned closer than 6 feet from the stage
area; and no private dances will be allowed closer than 4 feet from entertainer and
' customer. No alcohol will be served; nor will any alcohol be allowed to be brought in by
patrons or employees; only juice and non - alcoholic beverages. No food will be served.
Male and female patrons aged 18 and over will be allowed entry. No lap dancing will be
1 allowed.
' DOC.
Jamie Muffett INDEX
CL2 #005 -10 #
• 2308 South 1st Street n `
1 -
II
All managers, employees and entertainers will be appropriately licensed. Landscaping
will be applied along the approach to and within the parking area. All windows, entries,
and other openings shall be screened and/or covered in such a way that no business
Ill
activity associated with adult entertainment uses, other than approved outside signage,
shall otherwise be visible from any public right -of -way or other public street. Sinsations
Gentleman's Club goal is to provide a safe, legal environment for our patrons,
employees, and surrounding businesses and the citizens of Yakima.
ZONING AND LAND USE
The subject property is zoned GC, General Commercial. The area is characterized by
many family and tourist oriented restaurants. Many of these are within 500 feet of the
subject site including Wendy's, Jack -in- the -Box, Kentucky Fried Chicken/A &W,
III
Starbucks, and Cold Stone Ice Cream. In addition, the site is within 1200 feet of the
Valley Mall, Miner's Burgers, Skippers, Taco Bell, Burger King, and Taco Time, and
many other family and tourist related retail uses. fi
The proposed use is a Type (2) use in the GC zoning district. Adjacent properties have
the following characteristics: 0
Direction Zoning Land Use Designation Land Use
North GC General Commercial
Retail /Commercial
South GC General Commercial Retail/Commercial
East GC General Commercial Retail /Commercial li
West M -1 Industrial Industrial
COMPREHENSIVE PLAN 11
The 2025 Yakima Urban Area Comprehensive Plan (YUACP) designation for the subject
property is Arterial Commercial (Map 1II -3, Future Land Use). The Arterial Commercial
II
designation provides for land uses that require high auto visibility such as restaurants,
service stations, car washes, as well as wholesale' and retail activities. The following
goals, policies, and objectives apply to the future land use for the proposed land use:
Goal 3.10 Provide wide variety of commercial retail and services that are
heavily dependent on convenient vehicle access and serve sections
of the Urban Area along major travel routes.
Policy 3.10.1 General 'commercial uses and services that are heavily dependent
on convenient vehicle access shall be located along major travel
II
routes.
Policy 3.10.5 Improve the appearance of commercial corridors by encouraging
new development to place parking lots behind buildings, or along
Il
. the side of the buildings.
Jamie Muffett 2
t
CL2 #005 -10
2308 South 1ST Street, Yakima C. D
INDEX
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1 TRANSPORTATION CAPACITY MANAGEMENT ORDINANCE
The proposed development is subject to review under the Transportation Concurrency
1 Ordinance (YMC 12.08) since it is expected to generate more than 10 PM Peak Hour
vehicle trips.
1 ENVIRONMENTAL REVIEW (SEPA)
This project is categorically exempt from review under the State Environmental Policy
Act The project is proposed in an existing building, with minimal new construction or
I paving and falls below the City of Yakima's flexible threshold for SEPA, as established at
Section 6.88.070 YMC.
URBAN AREA ZONING ORDINANCE
1 Adult Dance Studios are described as Class (2) land uses requiring Type 2 Review in
the General Commercial zoning district. Class (2) uses are set forth and defined in the
' text and tables, of YMC Chapter 15.04 and are generally permitted throughout the district.
However, the compatibility between a Class (2) use and 'the surrounding environment
• cannot be determined in advance, and occasionally a Class (2) use may incompatible
at a particular location (YMC 15.04.020). Compatibility is defined as:
The characteristics of different uses or developments that permit them to be located near
1 each other in harmony with or without special mitigation measures.
Therefore, a Type (2) review by the Administrative Official is required in order to
promote compatibility with the intent and character of the district and the policies and
development criteria of the Yakima Urban Area Comprehensive Plan. The procedures in
YMC Chapter 15.14 shall be used to review and evaluate Class (2) uses. In certain
• circumstances, the administrative official may require that a Class (2) use undergo a Type
(3) review, as provided within this title (15.15.040 (C) (5)' UAZO).
•
1 The purpose of the General Commercial zoning district is to accommodate wholesale and
retail.activities with some high- density residential development.• This district is primarily
located near and along the major arterials as designated in the Yakima Urban Area
1 Comprehensive Plan. Like the Central Business District, a variety of land uses are
permitted. However, the intensity of development is intended to be less than in the CBD.
1 Parking — The parking standards in YMC Ch. 15.06 shall apply to all off - street parking
for adult business uses;
1 The parking standards in Table 6 -1, Table of Off - Street Parking Standards, are based on
gross floor area. "Gross floor area" means the total square footage of all floors in a
1 structure, excluding stairways, elevator shafts, attic space, mechanical rooms, restrooms,
uncovered steps and fire escapes, private garages, carports and off - street parking and
loading areas.
1 Jamie Muffett 3
CL2 #005 -10
1 2308 South 1St Street, Yakima •
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The off - street parking standard for adult entertainment dance establishments are the same
as is required for uses that include taverns and bars, dine, drink and dance establishments.
Such uses require one (1) parking space for each seventy -five (75) square feet of gross
floor area.
The existing structure has approximately 4,7 50 square eet of gross .f f floor area g ,�
approximately 3,353 sq. ft. of gross floor area established for public entertainment will •
require a minimum of fifty -eight (58) off - street parking spaces. The applicant proposes
to provide a minimum of fifty -eight (58) off-street parking spaces; to include two
handicapped parking spaces located at rear of the building.
Lot Coverage - Maximum lot coverage is the percentage of net land area of a site that
can be covered with structures and other impervious surfaces. The maximum lot
coverage for the General Commercial zoning district is 100 percent of the total "size of the •
parcel.
The existing lot coverage meets the standards for the district. 1
Setbacks - Structure setbacks are required by the UAZO (Table 5 -1). The minimum
setback for structures in commercial districts shall be at least 30 feet from centerline of
an adjacent local access roadway (S. 10 Avenue), zero feet from the side and rear
property line.
The proposed use shall not increase the building footprint. The g f p existing structure does
not encroach on a public easement and complies with applicable setback standards.
Required Landscaping of Parking Areas - The standard for landscaping of parking lots
with five or more spaces shall be ten percent of the total parking area. This landscaping
area may be included to satisfy the lot coverage requirements of Table 5 -1.
Site Plan indicates landscaping along the driveway approach to the parking area and
within the parking area.
Site screening — Site screening is required along the property lines in accordance with
the provisions of UAZO 15.07. Site screening requirements vary depending on the
intensity of both the proposed use and its neighbors.
No sitescreening is required for this proposed development.
Public facilities - Adequate public water and sanitary sewer currently serve this site. 1
Jamie Mullett 4 1
CL2 #005 -10
2308 South 1st Street, Yakima
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TheTroposed use is not expected to increase water or sewer use so that the combined total
use for the existing business is significantly more than the average for neighboring
commercial uses in the area. 0
SPECIAL PROVISIONS FOR ADULT BUSINESSES (YMC 15.09.200)
' Adult Dance Studios are described as Class (2) land uses requiring. Type 2 Review in
the General Commercial zoning district. An Adult Dance Studio is defined in YMC
15.09.200(2) as a building or portion of a building regularly featuring dancing or other.
' live adult entertainment if the dancing or entertainment provided is distinguished or
characterized by an emphasis on the exhibiting of specified sexual activities or specified
anatomical areas for observation by patrons therein. Additional requirements for this use
are specified in the regulatory license section of the Ordinance. (YMC Chapter 5.30)
•
The purpose of regulating Adult Businesses, as described in YMC 15.090200 (A) is that
1 adult . business uses are recognized as having objectionable operational characteristics,
particularly when they are aggregated in one area. Since these uses have a harmful effect
of upon adjacent uses, and residential and commercial uses in particular, special
1 regulation of adult business uses is necessary to avoid adverse effects arising from adult
• businesses so they will not contribute to the blighting or downgrading of the surrounding
neighborhood. All adult businesses must comply with the provisions of Section
1 15.09.200 of the Urban Area Zoning Ordinance. Prohibited activities include, but are not
limited to, specified sexual activities not specifically allow under the definition of "adult
business uses ".
Adult Business Development Standards — The development standards of Chapter
1? p p
' 15.09.200(D) shall apply'to proposed adult business uses for separation, licensing, hours
of operation, signage, and parking and design as follows:
a. Separation Standards - The proposed adult business use will not be located
within 500 feet of any preexisting school or day care facility, church or other
' house of worship; any existing public park; public library or residential zoning
district; nor should the an adult business use be located within fifteen hundred
feet of a parcel supporting a similar adult entertainment use as defined in this
' section, whether such similar use is located within or outside the city limits.
The subject property is not located within 500 of any pre - existing school or day
care facility, church or other house of worship; any existing public park, public
library or residential zoning district ; nor is the subject property located within
' 1500 feet of a parcel supporting a similar adult entertainment used as defined in
this section, whether such similar use is located within or outside the city limits.
t b. Licensing — All adult business uses, with the exception of adult commercial
establishments, shall be subject to•the licensing requirements of YMC Ch.5 .30;
1 5
Jamie Mullett
CL2 #005 -10
' 2308 South 1st Street, Yakima 0 '
DOC.
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All requirements of YMC 5.30 would be required for this proposed project. A
narrative from the applicant was requested to describe the proposal in detail
and the means to meet these regulatory requirements.. The regulations set forth
in this YMC 5.30 are intended to prevent health and safety problems in and
around entertainment establishments and to prevent dangerous and unlawful
conduct in and around adult entertainment establishment. (Ord. 94 -24 § 1,
1994)
c. Hour of Operation — Any adult business shall not conduct or operate any
business or commercial function on or around their premises between the hours
of 2 :OOam and 8:30am of the same day;
The proposed business will be open to the public during the hours o
P P g .� 11: OOam —
2: 00a. m., seven days a week.
d. Signage — Signage of adult business uses shall comply with the provision of
YMC Chapter 15.08, Signs, together with the following specific conditions: i)
Each adult business use shall be allowed one on- premise sign, which shall be
limited to displaying the name of the establishment, the street address, the days
and hours of operation, restrictions on the age of persons that may be admitted
to the building and the non - specific identification of the NATURE of the stock- 1
in -trade or entertainment offered therein. Nowhere on the signage or on the
building visible to outside passersby shall appear any verbiage, insignias,
pictures, drawings or other descriptions suggestive of sexual acts or actions, or
which represent the sexually oriented material and/or performances of the adult
entertainment use; ii) Adult entertainment establishments shall conspicuously
post a readable sign at or near each public entrance which clearly states, and is
printed in letters at least one -inch tall: "THIS ADULT ENTERTAINMENT
ESTABLISHMENT IS REGULATED BY THE CITY OF YAKIMA ".
The applicant has submitted a Sign Design Plan that indicates a 4x20'. wall
sign to be painted on the buildings facade. The Sign .Plan submitted meets
signage standards of the zoning district for wall signs. The applicant shall meet
'all signage requirements for adult entertainment establishments as required by
ordinance.
1
e. Parking — The parking standards in YMC Ch. 15.06 shall apply to all off - street
parking for adult business uses;
1
The parking standards in Table 6 -1, Table of Off - Street Parking Standards, are
based on gross floor area. "Gross floor area" means the total square footage of
all floors in a structure, excluding stairways, elevator shafts, . attic space,
Jamie Muffett 6
CL2 #005 -10
2308 South 1st Street, Yakima DOC.
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1
mechanical rooms, restrooms, uncovered steps and fire escapes, private garages,
carports and off - street parking and loading areas.
1 The off - street parking standard for adult entertainment dance establishments are
the same as is required for uses that include taverns and bars, dine, drink and
' . dance establishments. Such uses require one . (1) • parking space for each
seventy -five (75) square feet of gross floor area.
' The existing structure has approximately 4,750 square feet of gross floor area;
approximately 3 ;353 sq. ft. of gross floor area established for public
. entertainment will require a minimum of fifty -eight (58) off - street parking
' spaces. The applicant proposes to provide a minimum of fifty -eight (58) off -
street parking spaces; to include two handicapped parking spaces located at the
rear of the building
f. Design Standards — Adult Business Uses shall conform to the following design
standards:
' i. Buildings, fences, or other structures which are visible from any public
right -of -way shall be of a neutral coloring and design scheme, similar
1 to surrounding commercial facilities.
ii. All windows, entries, and other openings shall be screened and/or
covered in such a way that no business activity associated with adult ,
1 entertainment uses, other than approved outside signage, shall
otherwise be visible from any public right -of -way or other public
street.
j A narrative from the applicant was requested; and provided by the applicant, P q P Y PP licant, to
determine how he will comply with these requirements.
•
' LICENSING REQUIREMENTS (YMC 5.30) • •
In addition to the requirements of the Urban Area Zoning Ordinance, all adult business
uses, with the exception of adult commercial establishments, shall be subject to the
licensing requirement of YMC Chapter 5.30. Licensing of any premises for adult
entertainment business uses shall not be issued if the establishment fails to meet health,
safety, fire, zoning or other valid standards established by regulations and ordinances
governing health and safety.
1 This review is required to ensure that the use of the subject property will be in harmony
with, and n of detrimental to, the character of adjacent land uses. Additionally, the Type
' (2) review process enables the neighborhood an opportunity to review and comment upon
the compatibility of the proposal. The Administrative Official may approve, deny, or
impose conditions on the proposed use. The property is well suited for the range of
Jamie Muffett 7
CL2 #005 -10
' 2308 South 1=t Street, Yakima
DOC.
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commercial uses permitted within the GC, General Commercial zoning district which
already exist along the South 1 Street commercial corridor.
Unlawful Conduct — The licensee or manager of an adult entertainment establishment
must comply with YMC 5.30.040 which governs unlawful conduct in the establishment,
licensing, operation and physical arrangement of the establishment, i.e. location of stage;
lighting, lack of public access to any enclosed room or cubicle within the studio where
dancing is performed; the posting in a conspicuous place a list of any and all
entertainment provided on the premises (to include the specific fee or charge for each
entertainment listed).
DESIGN SERVICES TEAM (DST)
A Design Services Team meeting was conducted on April 7, 2010 to discuss the
technical aspects of this request. The following is a summary of the comments received 1
from DST members:
Codes 1
• Sandy Cox, Plans Examiner II
The accessible parking spaces shall share a striped access aisle between them of at least 8
ft wide. Proper signage shall be placed at the head of the disabled parking spaces.
Bathrooms shall be made accessible to today's standards or one additional unisex
accessible bathroom shall be added. Any renovations require plan review, permits and
inspections prior to occupancy.
1
• Royale Schneider, Plans Examiner I
The proposed use (Adult Business) may be a change of occupancy as defined in the 2006
International Building Code. The 2006 International Building Code addresses changes in
occupancy as follows: _
3409.4 Change of occupancy. Existing buildings, or portions thereof, that undergo a
change of group or occupancy shall have all of the following accessible features:
1. At least one accessible building entrance.
2. At least one accessible route from an accessible building entrance to primary
function areas.
3. Signage complying with Section 1110.
4. Accessible parking, where parking is provided.
5. At least one accessible passenger loading zone, when loading zones are
provided.
6. At least one accessible route connecting accessible parking and accessible
passenger loading zones to an accessible entrance.
1
Jamie Muffett . 8
CL2 #005 -10
2308 South 1st Street, Yakima DOC.
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i
1
Where it is technically infeasible to comply with the, new construction standards
for any of these requirements for a change of group or occupancy, the above items
shall conform to the requirements to the maximum extent technically feasible.
' Change of group or occupancy that incorporates any alterations or additions shall
comply with the section and Sections 3409.5, 3409.6, 3409.7 and 3409.8.
1 If alterations or additions requiring permits are anticipated, there may be additional
accessibility requirements. Those requirements will be addressed once the plans are
submitted for review and the scope of the alterations or additions are determined.
Engineering
t Randy Meloy, Surface Water Engineer
There are no drainage requirements as the site is already developed.
Mike Antijunti, Development Engineer.
The developer is proposing to establish an adult business in the general commercial zone.
Engineering is looking at this project as a new tenant moving into an existing business
' with all frontage improvements established and all utilities in place. Therefore this
development does not affect Engineering on Title 12 standards. Sewer is provided by the
City of Yakima. Water is provided by the City of Yakima. All drainage is required be
1 retained on site.
Transit •
1 Kevin Futrell, Transit Project Planner
The City of Yakima Transit has two bus routes ( #7 and #9) that run along S. 1St Street in
front of the proposed site. There is an existing bus stop in front of Performance Auto
1 Sound, just north of the proposed site. A sidewalk exists along the frontage of the site,
which provides access to transit for special population groups.
' Water %Irrigation
Mike Shane, Water/Irrigation Engineer
1. There is an existing looped 12" waterline in S. 1 Street. There's. an existing
111 1" water service and meter to the site. Static pressure range is 1011 — 113psi.
2. No water extension is necessary. -
3. There is an existing fire hydrant at the north property corner of the site. All
new fire hydrants or fire sprinkler requirements to be determined by Codes
and Fire Department.
4. Connections may apply only if a larger or additional service is required.
5. Public water system.
• 6. Fire flow is calculated at 5,000gpm is available from looped 8" waterline.
1 7.
8. No City of Yakima irrigation available to the site.
Site plan needs to accurately show all existing and proposed utilities.
Jamie Mullett 9
CL2 #005 -10
' 2308 South 15 Street, Yakima
DOC.
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1 # Pft ____
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Wastewater, Scott Schafer 1
In accordance with 7.65.050 of the YMC, a separate and independent building sewer
(side- sewer) shall be provided for every building. Since the Gentlemen's Club will be
sharing the same building with another business, only one side -sewer is required for the
building.
However, if it is discovered at a later date that one or both of the businesses requires to be 1
monitored by the Pretreatment Program, a sampling port (manhole) will be required to be
installed along such side - sewer. It may also be determined to be beneficial at such time
by the building's owner to separate the wastewater discharges from the two businesses
and install independent side- sewers for each business.
PUBLIC COMMENTS 1
The Planning Division has received numerous written comments from citizens, and
business owner /operators adjacent to the subject property and throughout the community. 1
The majority of written comments received regarding this request are in opposition to the
proposal citing issues of incompatibility with adjacent land uses, prospective increase in
crime levels, and decrease in property values. Subsequently this Type 2 Review 1
application has been forwarded to the city's Hearing Examiner for public hearing.
PUBLIC NOTICE 1
The application was received on March 18, 2010. A Determination of Completeness was
issued on April 9, 2010. Due to the inordinate number of written comments received
expressing concern over this application a Notice of Application & Public Hearing was
sent to the applicant and adjoining property owners within 500 feet of the subject
property on May 6, 2010 requesting comments on this proposal. The comment period
ended on May 26, 2010. A public hearing date of Friday, May 28, 2010, 9:OOam in
Council Chambers has been set concerning this Type 2 Review application.
ANALYSIS
1
The City's recommendation for denial stems from the secondary and deleterious effects 1
that adult business uses can have upon adjoining businesses and property values.
Although such effects can be difficult to ascertain before the fact they are nearly '
impossible to counteract after the fact. Consequently, reviewers must avail themselves of
whatever sources of information that is available before the fact concerning
compatibility. 1
In zoning matters the City of Yakima has made it a longstanding practice to consider
pertinent public comment before rendering recommendations for approval or denial. Our
record is replete with numerous examples of recommendations for both the approval and
the denial of significant Class (2) and Class (3) land use applications. The primary
Jamie Mullett 10 1
CL2 #005 -10
2308 South 1S Street, Yakima DOC.
INDEX
1
1
1 determinants of what constitutes significance are the number and the character of the
comments received which are taken in combination with the proximity of the
commenting parties.
There is no questions that this applicant is compliant with the strictly procedural
requirements of Chapter 15.09.200 YMC. Equally, there is no question that there will be
significant secondary negative effects upon both the property values and the businesses
which surround this site. Consequently, a finding cannot be made supporting the
' appropriateness and the compatibility of an adult business at this location and therefore it
cannot be logically accommodated. It is for this reason that a recommendation for denial
is tendered for this Class (2) application to operate an adult business at 2308 S. 1 Street
1 in,Yakima, Washington.
1 CONCLUSIONS
1. The proposed Adult Business use is a Type (2) use in the GC zoning district which
1 has been referred to a Class (3) public hearing, due to the volume of citizen comments
regarding this project.
2. The project site is an existing structure and parking. Adequate public facilities and
' utilities are available to serve this site.
3. The location of the site complies with the spacing and separation development
standards for adult business uses from churches, schools, day care centers, park and
1 residential districts, in accordance with Chapter 15.09.200(D) UAZO.
4. The proposed use is not compatible with the developed land uses and character of the
surrounding area. The area is currently characterized with family and tourist- oriented
restaurants and retail uses. Comments from nearby property owners have expressed
concern about a degrading of property values, and an adverse impact on their current
business which could create a blighting impact.
5. This request is not in compliance with MC 16.06.020(B), "Consistency with
Development Regulations" for making a Determination of Consistency. The
character of the area in which the development is proposed is fully developed with
family and tourist oriented restaurants and retail uses. Placement of an Adult
Business in the vicinity would be disruptive and not consistent or supportive of
existing land uses.
RECOMMENDATION
. The City Planning Division recommends DENIAL of the proposed use of an Adult
Business at 2308 S. 1 Street due to incompatibility of the use and probable negative
impacts to existing land use in the vicinity.
11
Jamie Muffett
CL2 #005 -10
2308 South 15t Street, Yakima
DOC.
INDEX
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