The City Council finds that adult entertainment businesses, as defined in Section 9.04.060 (Definitions) of this title, because of their very nature, have certain harmful secondary effects on the community. These secondary effects include:
A. 
Depreciated property values, vacancy problems in commercial space (particularly in the newer commercial buildings);
B. 
Interference with residential neighbors' enjoyment of their property due to debris, noise, and vandalism;
C. 
Higher crime rates in the vicinity of adult businesses; and
D. 
Blighted conditions such as a low level of maintenance of commercial premises and parking lots.
The City Council further finds that the restrictions and development standards contained in this section will tend to mitigate, and possibly avoid, the harmful secondary effects on the community associated with adult entertainment businesses. The primary purpose of these regulations is the amelioration of harmful secondary effects on the community. The regulations contained in this section are unrelated to the suppression of free speech and do not limit access by adults to materials with First Amendment potential.
(2814, 2012)
Pursuant to Section 9.04.060 (Definitions) of this title, an adult entertainment business is any business or establishment that offers its patrons services, products or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
A. 
For purposes of this section, "specified sexual activities" shall include the following:
1. 
Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
2. 
Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. 
Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
4. 
Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or
5. 
Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
6. 
Erotic or lewd touching, fondling or other contact with an animal by a human being; or
7. 
Human excretion, urination, menstruation, vaginal or anal irrigation; or
8. 
Dancing by one or more live entertainers in a manner displaying specific anatomical areas.
B. 
For the purpose of this section, "specified anatomical areas" shall include the following:
1. 
Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(2814, 2012)
The establishment of an adult use in a zone where permitted by Section 9.18.020 (Uses Permitted) and Table 9-18.1 (Use Regulations for the Mixed Use Zones), in addition to the distance limitations, location restrictions, and performance standards set forth in this section, shall also be subject to the requirement of a conditional use permit.
(2814, 2012)
No adult entertainment business shall be established if such business is located:
A. 
Within 200 feet of any "R" zoned property, or any PUD established exclusively for residential use, or any property occupied by a residential use, or within 200 feet of any building owned and occupied by a public agency;
B. 
Within 1,000 feet of any other adult entertainment business;
C. 
Within 1,000 feet of any public or private school facility, grades K through 12; park playground; public library; or licensed day care facility;
D. 
Within 700 feet of any church or other facility used for religious worship.
The establishment of any adult entertainment business shall include the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business uses.
For the purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as a part of the premises where such adult entertainment business is conducted to the nearest property line of any lot or premises with "R" zoning or any PUD established exclusively for residential use or any property occupied by a residential use, or to the nearest property line of any lot or premises of a church, park, public library, day care facility, or educational institution utilized by minors, or to the nearest point of any building or structure used as a part of the premises of any other adult entertainment business.
(2814, 2012)
With exception of emergency access, all pedestrian and vehicular access to an adult entertainment business shall be oriented toward a principal, major, or arterial street, such as Garden Grove Boulevard, Magnolia Street, and Brookhurst Street. Access via a secondary arterial or local residential street shall be prohibited. Arterials and local residential streets are defined in the City's General Plan Circulation Element.
(2814, 2012)
For a residential/commercial mixed use development project, as defined in this title, any property owner or his or her authorized agent may, as part of the conditional use permit process, apply to the hearing body for a waiver from the distance and location provisions contained in this section relative to the specific uses within that mixed use development. The hearing body, after a hearing, may grant a waiver to any distance or location provision for a residential/commercial mixed use development project if the following findings can be made:
A. 
That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;
B. 
That the proposed use will not unreasonably interfere with the use and enjoyment of neighboring property or cause or exacerbate the development of urban blight;
C. 
That the proposed use will not unreasonably interfere with the operations of other businesses or uses located on the same site;
D. 
That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation or revitalization, nor will it interfere with any program being carried out pursuant to the community redevelopment law;
E. 
That the establishment complies with all other distance and pedestrian and vehicular requirements of this code; and
F. 
That all applicable regulations of this code will be observed.
The procedure for this hearing shall be the same as that provided in Section 9.32.030 (Land Use Actions) of this title, with, among other matters, the same notice requirements, the same right of appeal to the City Council, and the same fees payable by the applicant. The City Manager or designee shall prepare the necessary application form for this waiver.
(2814, 2012)
All adult entertainment uses must comply with the following mandatory performance standards:
A. 
Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed, and provided in accordance with the fire department and building regulations and standards adopted by the City.
B. 
No adult business shall be operated in any manner that permits the observation of any material depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show, window, or other opening.
C. 
Lighting of at least two footcandles shall be required and designed to illuminate all off-street parking areas serving such use, for the purpose of increasing the personal safety of store patrons and reducing the incidents of vandalism and theft. Such lighting shall be shown on the required site plans and shall be reviewed and approved by the City Manager or designee.
D. 
No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building or space occupied by the tenant in which such use is conducted, or that violates any noise standards adopted by this title.
E. 
Doors to the structure shall be closed at all times.
F. 
All on-site signage shall conform to the sign regulations of the Municipal Code.
G. 
All adult materials and activities shall be concealed from view from any public right-of-way, parking lot or neighboring property.
H. 
It shall be unlawful to sell, serve, or permit the consumption of alcoholic beverages in a structure occupied by an adult business.
I. 
It shall be unlawful to permit patrons or employees under the age of 18 in a structure occupied by an adult business, including adult arcades, adult bookstores, adult cabarets, adult motels, adult motion picture theaters, adult theaters, escort dating services, or sexual encounter establishments.
J. 
The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. Such notice shall be constructed and posted to the satisfaction of the Chief of Police.
K. 
One or more California state-licensed security guards may be required subsequent to the issuance of a conditional use permit if the police department determines that there is an increase in crime activity at or upon the property during the life of the conditional use permit. In such event, the Police Department may request that the City Manager or designee set a noticed public hearing under Government Code Section 6061 before the Planning Commission to determine whether the applicant's conditional use permit shall be amended to require such security guards at a property location.
L. 
The business shall be subject to public safety conditions as recommended by the Police Department to ensure that harmful secondary effects from the business operation, such as noise, litter, violent crime and graffiti are mitigated to the greatest extent possible.
M. 
The business shall comply with the property maintenance standards set forth in Section 9.32.200.B (Property Maintenance). Conditions may be imposed on the conditional use permit to ensure that the application conforms to this section.
N. 
Hours of operation shall be maintained as established in the approved conditional use permit, unless otherwise provided for in the Municipal Code.
(2814, 2012; 2861 § 6, 2015)
In the case of new construction or for building additions exceeding 10% of the existing floor area or 1,000 square feet, whichever is less, a site plan application and approval shall be required in addition to the conditional use permit. In granting a site plan approval, the Planning Commission shall be required to find that:
A. 
The proposed development is consistent and harmonious with the architectural elements, including, but not limited to, front elevation design, colors, size of structure, within 300 feet of structures that front on the same street.
B. 
The proposed development plan meets the parking, landscaping, setbacks, signage, fencing, building height and other related building standards of this title.
(2814, 2012)
If the Planning Commission makes findings that the standards set forth in Section 9.18.050.070 (Required Performance Standards) and Section 9.18.050.060 (Waiver of Distance and Location Provisions for Residential/Commercial Mixed Use Developments) as applicable, of this section can be or have been met, and that the required site plan findings of Section 9.18.050.080 (Site Plan Approval) of this section can be made, the Planning Commission shall approve the conditional use permit application. The Planning Commission shall make written findings to this effect.
(2814, 2012)
The conditional use permit shall be acted upon by the Planning Commission within 90 days after the use permit application is deemed complete by the City Manager or designee. If an environmental impact report is required under CEQA, the time for action shall not exceed six months.
(2814, 2012)
A person seeking to establish an adult entertainment use within an existing development within any GGMU zone that was developed prior to October 27, 2011 may apply for a conditional use permit for an adult business as long as the application demonstrates compliance with the distance and vehicular and pedestrian access requirements of this section.
(2814, 2012)
A. 
Definitions. For the purposes of this section, "adult merchandise" is defined as any product dealing in or with explicitly sexual material as characterized by matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. In addition, "non-adult-use business" means any business or establishment not included in Section 9.04.060 (Definitions).
B. 
Floor Space Limitations. No more than 15% of total floor space area open to the public of a non-adult-use business shall be devoted to adult merchandise.
C. 
Segregation of Adult Merchandise. Retailers classified as non-adult-use establishments shall display adult merchandise in an area of the business segregated and screened from the area used for the sale and display of non-adult merchandise. Screening may be accomplished with partitions or said adult materials may be displayed in separate rooms.
D. 
Access by Minors. Non-adult-use establishments shall provide controls sufficient to prohibit access by persons under 18 years of age to areas screened or segregated for the purpose of selling or displaying adult merchandise.
E. 
Certain Merchandise Prohibited. Non-adult-use businesses shall not display or merchandise adult, sexually oriented implements and paraphernalia, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices.
(2814, 2012)