The city council finds that the ordinance codified in this chapter, in addition to the general police power authority of cities to enact measures to promote the health, safety, peace, and welfare of its residents, is adopted in accordance with Government Code Section 65850.4. The city council finds that the authority to adopt said ordinance pursuant to Government Code Section 65850.4 is independent of the city's police powers to regulate adult-oriented businesses and that the city council would have adopted said ordinance and each section, paragraph, subsection, sentence, phrase and part thereof, irrespective of any express authority provided by Government Code Section 65850.4.
(Ord. 1017, 2013)
It is the purpose and intent of this chapter to provide for the reasonable and uniform regulation of adult-oriented businesses in the city. It is recognized that adult-oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the purpose of this chapter to establish criteria and standards for the establishment of adult-oriented businesses which will protect the public health, safety and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult-oriented businesses, and maintain local property values.
It is the purpose and intent of this chapter to establish proper regulations and to provide for a reasonable number of appropriately located sites for adult-oriented businesses within the city, based upon the following findings:
A. 
The following studies that substantiate the adverse, secondary effects of adult-oriented businesses were reviewed by the city:
1. 
Amarillo, Texas (1977);
2. 
Cleveland, Ohio (1977);
3. 
Los Angeles, California (1977);
4. 
Whittier, California (1978);
5. 
Phoenix, Arizona (1979);
6. 
Minneapolis, Minnesota (1980);
7. 
Beaumont, Texas (1982);
8. 
Houston, Texas (1983);
9. 
Indianapolis, Indiana (1984);
10. 
Austin, Texas (1986);
11. 
Oklahoma City, Oklahoma (1986);
12. 
St. Paul, Minnesota (1989);
13. 
Seattle, Washington (1989);
14. 
Tucson, Arizona (1990);
15. 
Garden Grove, California (1991);
16. 
Upland, California (1992); and
17. 
Santa Maria, California (1993).
The city council of the city of Stanton also finds that locational criteria alone do not adequately protect the health, safety, and general welfare of the citizens of the city of Stanton, and thus certain requirements with respect to the ownership and operation of adult-oriented businesses are in the public interest. In addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located, the city council also takes legislative notice of the facts recited in the case of Kev, Inc. v. Kitsap County, 793 F.2d 1053 (1986), regarding how live adult entertainment results in secondary effects such as prostitution, drug dealing, and other law enforcement problems.
B. 
Based on the foregoing studies and the other evidence presented, the city council of the city of Stanton finds that:
1. 
Adult-oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them;
2. 
Both the proximity of adult-oriented businesses to sensitive uses, including residential, cemetery, park, religious and school uses, and the concentration of adult-oriented businesses tend to result in the blighting and downgrading of the areas in which they are located; and
3. 
As a result of the above, and the increase in incidents of AIDS and Hepatitis B, which are both sexually transmitted diseases, the city has a substantial interest in adopting regulations which will reduce, to the greatest extent possible, the possibility for the occurrence of prostitution and casual sex acts at adult-oriented businesses.
C. 
The studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult-oriented businesses adjacent to sensitive uses or other adult-oriented businesses can cause other businesses and residents to move elsewhere.
D. 
The studies conducted in various communities in other jurisdictions have demonstrated that adult-oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them.
E. 
The special regulation of adult-oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that adult-oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in proximity to sensitive uses, thereby having a deleterious effect upon the adjacent areas.
F. 
It is the purpose and intent of these special regulations to prevent the concentration or location of adult-oriented businesses in a manner that would create such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially including minors, the special regulation of the time, place, and manner of the location of adult-oriented businesses is necessary.
G. 
The protection and preservation of the public health, safety, and welfare require that certain distances be maintained between adult-oriented businesses and sensitive uses and other adult-oriented businesses.
H. 
The need to regulate the proximity of adult-oriented businesses to sensitive uses and other adult-oriented businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this section.
I. 
The report of the state of Minnesota Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, dated June 6, 1986, indicates:
1. 
Community impacts of adult-oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of an adult-oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and
2. 
The impacts of adult-oriented businesses are exacerbated when they are located near each other.
J. 
The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials or expressive conduct that is protected by the First Amendment of the United States Constitution or the relevant provisions of the California State Constitution.
(Ord. 1017, 2013)
It is the intent of this chapter to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.
(Ord. 1017, 2013)
The following terms when used in this chapter shall have the meanings indicated below:
Adult-oriented business. An "adult-oriented business" means any business establishment where employees, independent contractors or patrons expose specified anatomical areas or engage in or simulate specified sexual activities, or any business establishment which offers to its patrons services or entertainment distinguished or characterized by an emphasis on matters depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas.
Adult-oriented businesses do not include bona fide medical establishments operated by properly state of California licensed and registered medical personnel with appropriate medical credentials issued by the state of California for the treatment of patients; provided, however, that state of California licensed and registered medical personnel shall be present on the premises during any such treatment of patients. Adult-oriented businesses also do not include athletic or exercise facilities where specified anatomical areas may be exposed within a single-sex locker room or similar facility used for changing clothing where such exposure is primarily done in conjunction with changing or showering either prior to or after use of athletic or exercise facilities. An adult-oriented business also does not include a bona fide theater, as defined in this section.
Adult-oriented businesses do not include those uses or activities, if any, the regulation of which is preempted by state law. Adult-oriented businesses shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, entertainers, employees or independent contractors to appear in any place in attire which does not opaquely cover specified anatomical areas.
In determining whether a use is an adult-oriented business, only conduct or activities which constitute a regular and substantial course of conduct shall be considered. Substantial conduct includes any use which has a significant portion of its floor area, stock-in-trade, entertainment/performance, or revenue derived from material distinguished or characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. Isolated instances of conduct or activities described in this section as characterizing an adult-oriented business shall not be considered except where such activities, taken together, constitute a regular and substantial course of conduct.
An "adult-oriented business" means and includes, but is not limited to, any of the following:
1.
Adult arcade. An "adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projections or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on the depicting or describing of specified sexual activities or specified anatomical areas.
2.
Adult bookstore. "Adult bookstore" means a business establishment which has, as a substantial portion of its stock-in-trade, a majority of its floor area, or a majority of its revenue derived from and offering for sale for any form of consideration, any one or more of the following:
a.
Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides or other visual representations which are distinguished or characterized by an emphasis upon the depiction or description of specified anatomical areas or specified sexual activities; or
b.
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities; or
c.
Goods which are replicas of, or which simulate, specified anatomical areas, or goods which are designed to be placed on or in specified anatomical areas, or to be used in conjunction with specified sexual activities to cause sexual excitement.
3.
Adult cabaret. An "adult cabaret" means a bar, nightclub, lounge, restaurant, juice bar, or similar establishment or concern which features as a regular and substantial course of conduct any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions or other oral, written or visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including dancers, strippers or similar entertainers who expose specified anatomical areas of their bodies or simulate or engage in specified sexual activities, including nude or semi-nude performances. Any business establishment that offers or provides any entertainment, presentations or performances off-stage shall be an adult cabaret. Such businesses typically allow consumption of food and/or beverages at small tables or bars while entertainment is being performed, tipping of both servers and performers occurs regularly or is customary, performances are not necessarily of a fixed time and patrons may arrive in the middle of a performance and stay to see another performance without paying a new entry or ticket fee, there may be cover charges and/or minimum drink requirements.
4.
Adult modeling studio. "Adult modeling studio" means a business establishment where, for any form of consideration or gratuity and as a regular and substantial course of conduct, patrons observe, sketch, draw, paint, sculpture, photograph, film, or otherwise depict any person who is displaying specified anatomical areas, who is nude or is semi-nude. Adult modeling studio does not include any classroom of any school that is licensed by the state of California, while such classroom is being used in a manner consistent with such license; nor does adult modeling studio mean a studio or similar facility owned or leased by an individual artist for his or her exclusive use or by a group of artists for their exclusive use.
5.
Adult motion picture theater. An "adult motion picture theater" means a business establishment which, for any form of consideration or gratuity and as a regular and substantial course of conduct, show films, motion pictures, video cassettes, slides or similar photographic reproductions that are distinguished or characterized by an emphasis on the depiction or description of specified anatomical areas or the performance of specified sexual activities.
6.
Adult theater. An "adult theater" means any place, building, enclosure, theater, concert hall, auditorium or structure, partially or entirely used for live performances or presentations, which place, building, enclosure, theater, concert hall, auditorium or structure is used for presenting matter distinguished or characterized by an emphasis on depicting, exposing, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. Any business establishment that offers or provides any entertainment, presentations or performances off-stage shall not be an adult theater, but shall be an adult cabaret. A theater typically has stadium type, fixed seating, with multiple rows of seats separated by aisles, a single central stage, servers who are not also performers, fixed price of admission, tipping for servers but not performers, and a defined time for performances, following which patrons exit. An adult theater shall not mean a bona fide theater.
7.
Nude model studio. A "nude model studio" means the same as "adult modeling studio," as defined herein.
8.
Sexually oriented business. A "sexually oriented business" means the same as "adult-oriented business," as defined herein.
9.
Theater. A "theater" means a theater, concert hall or similar establishment that is primarily devoted to the production of artistic dance, literary, dramatic or comedic performances on stage. If any such performance depicts, exposes, describes or relates to specified sexual activities or specified anatomical areas, the theater shall be an adult-oriented business unless one or more of the following is true:
a.
In every single regular performance, any emphasis on matters depicting, exposing, describing or relating to specified sexual activities or specified anatomical areas is on an occasional or incidental basis; or
b.
The performance is primarily devoted to a verbal presentation and the spoken emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas is not a significant portion of the entire verbal display; or
c.
The performance is primarily devoted to a visual presentation and the emphasis on matters depicting, exposing, describing or relating to specified sexual activities or specified anatomical areas is not intended to appeal to prurient or sexual interests.
10.
"Adult-oriented live entertainment" or "live adult-oriented entertainment" means every form of live entertainment, music, band or orchestra, act, play, burlesque, revue, pantomime, scene, song, dance or act participated in by one or more persons, in which the performer or performers expose to public view, without opaque covering, "specified anatomical areas," or depicting, describing, or relating to "specified sexual activities" whether or not the specified anatomical areas are covered.
11.
"Business or commercial establishment" means a place to which the public is admitted without substantial restrictions.
12.
"Completed application" means and includes all of the information contained in Section 5.54.014 of this code, including the application fee.
13.
"Director" means the director of community development of the city or the designee of the director.
14.
"Distinguished or characterized by an emphasis on" means the dominant or essential theme of what is being described by the phrase. By way of illustration, when the phrase refers to films, the reference is to films whose dominant or essential theme is the depiction or description of the enumerated sexual activities or anatomical areas.
15.
"Live entertainment" means every form of live entertainment, including without limitation, band, orchestra, play, sketch, burlesque, revue, pantomime, song, dance, or wrestling, participated in by one or more persons.
16.
"Nude model studio" means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be conversed with or be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons, for any form of consideration. Nude model studio shall not include any classroom of any school licensed under state law to provide art education, while such classroom is being used in a manner considered with such state license.
Nudity or a state of nudity.
For a female person, "nudity" or "state of nudity" means bare genitals, pubic area, natal cleft or areolae or genitals, pubic area, natal cleft and areolae that are covered by clothing but the clothing: (1) is less than opaque, (2) covers less than the entire genitals, three inches across the pubic area, the entire length of the natal cleft and the entire areolae, or (3) simulates or gives the appearance of the body part that it covers. For a male person, "nudity" or "state of nudity" means bare genitals, pubic area and natal cleft or genitals, pubic area and natal cleft that are covered with clothing but the clothing: (1) is less than opaque, (2) covers less than the entire genitals, three inches across the pubic area and the entire length of the natal cleft, or (3) simulates or gives the appearance of the body part that it covers.
Semi-nude.
For a female person, "semi-nude" means a state of dress in which opaque clothing, including supporting straps or devices, commonly referred to as a G-string and pasties, covers no more than the entire genitals, three inches across the pubic area, the entire length of the natal cleft and the entire areolae. For a male person, "semi-nude" means a state of dress in which opaque clothing, including supporting straps or devices, covers no more than the entire genitals, three inches across the pubic area, and the entire length of the natal cleft. The opaque clothing may not simulate or give the appearance of the male or female body part that it covers.
"Specified anatomical areas"
means and includes any of the following human anatomical areas:
1. 
Less than completely and opaquely covered genitals, pubic area, buttocks, anus or female breasts below a point immediately above the top of the areolae; or
2. 
Male genitals in a discernibly turgid state, even if completely and opaquely covered.
"Specified sexual activities"
means and includes any of the following:
1. 
The fondling or other erotic touching of any bare human genitals, pubic area, buttocks, anus or female breast;
2. 
Human sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
3. 
Human masturbation, actual or simulated;
4. 
The actual or simulated infliction of pain by one human upon another or by an individual upon himself or herself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking or touching of an erogenous zone, including without limitation, the thigh, genitals, buttock, pubic area, or, if such person is a female, a breast;
5. 
Sex acts, actual or simulated, between a human being and an animal, including but not limited to intercourse, oral copulation, or sodomy; or
6. 
Excretory or urinary functions as part of, or in connection with, any of the activities set forth in subsections (1) through (5) of this definition.
(Ord. 1017, 2013)
Any adult use planning permit granted or approved hereunder shall be granted or approved with the city and its city council and planning commission retaining and reserving the right and jurisdiction to review and modify the adult use planning permit, including the conditions of approval, based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the business, the change in scope, emphasis, size or nature of the business, and the expansion, alteration or change of use. The reservation of the right to review any permit granted or approval hereunder by the city, city council and planning commission is in addition to and not in lieu of, the right of the city, city council and planning commission to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit.
(Ord. 1017, 2013)
A. 
Adult-oriented businesses shall be located only in the C-1 (neighborhood commercial) district, C-2 (general commercial) district, C-4 (storefront commercial) district, and M-1 (industrial/manufacturing) district and shall be subject to the requirements of Section 20.460.080 of this chapter.
B. 
Every adult-oriented business shall comply with all of the applicable development standards, sign regulations and parking requirements of the zone in which it is to be located. Applicable standards, regulations, and requirements mean the standards, regulations, and requirements that apply to the business that is most similar to the adult-oriented business. By way of illustration, an adult bookstore that is to be located in the C-1 zone shall comply with the standards, regulations, and requirements for a bookstore in the C-1 zone.
C. 
Every adult-oriented business shall comply with the provisions of Section 20.560.030 of this title, as such section is modified by Section 20.460.100 of this chapter.
D. 
No special event, promotion, or similar activity that is likely to increase the parking demand at the location of an adult-oriented business shall occur unless the owner of the business has obtained a special events permit from the city, provided that such permit would be required by any other business in the same zone.
(Ord. 1017, 2013)
A. 
Distance from sensitive uses.
1. 
An adult-oriented business shall not be located within three hundred feet of a sensitive use:
a. 
Any city zone or land use district, including those within an opportunity area overlay district, as that term is defined in this code, which contain the words "residence" or "residential," within its title; or property zoned, planned or otherwise designated for such use by city action or by city acceptance of dedications for such use;
b. 
Any church, chapel, religious institution, or similar place of worship which is zoned, planned or otherwise designated for such use by city action;
c. 
Any school, nursery, or day care center which is zoned, planned or otherwise designated for such use by city action; or,
d. 
Any park or playground, or property zoned, planned, or otherwise designated for such use by city action or by city acceptance of dedications for such use.
2. 
In the event that the outer limit of the three hundred foot separation requirement extends to the property line of an undeveloped lot or parcel that is zoned, planned, or otherwise designated for a sensitive use and the director determines that the lot or parcel is so oddly shaped that it is not feasible to develop the lot or parcel with the sensitive use, the adult-oriented business shall not be deemed to be within the prescribed distance of that lot or parcel.
3. 
In the event an adult use application has been filed and thereafter a sensitive use application is filed within three hundred feet of the location for pending adult use application, the sensitive use shall not be deemed to have prior rights as that would apply to these locational standards.
4. 
In the event a sensitive use is developed within three hundred feet of an existing adult use, the adult use shall not be deemed in violation of these locational standards because of the development of the subsequent sensitive use.
B. 
Distance between adult-oriented businesses. An adult-oriented business shall not be located within three hundred feet of an existing adult-oriented business. If two or more existing adult-oriented businesses are located in closer proximity to each other than three hundred feet, then in determining which of the businesses is or are nonconforming, preference shall be given in the order of the respective lengths of legal continuous uninterrupted operation of the businesses.
C. 
Measurement of distance. For purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building or structure in which the adult-oriented business is or will be located to the nearest property line of any land use, land use district, or zone described in subsection A of this section, or to the nearest point of the building or structure or part thereof if less than the entire structure is occupied by or proposed to be occupied by an adult-oriented business in which an existing adult-oriented business described in subsection B of this section, is located. The distance shall be measured as of the date that the investigation for compliance application for the adult-oriented business is submitted to the community development department pursuant to Section 20.560.030 of this title.
D. 
In the event a business as defined in this chapter is displaced, within the meaning of California Government Code Sections 7260 et seq., by action of the city or the redevelopment agency, the standards of this section may be amended within the scope of a relocation agreement entered into by the city council or redevelopment agency board with such displaced business.
(Ord. 1017, 2013)
The establishment of an adult-oriented business shall comply with the applicable site development standards, including parking, of the zone, district, or area in which the adult-oriented business is located, and all applicable codes and regulations, including building codes, fire codes and health and safety codes. An adult-oriented business shall comply with the applicable city permit and inspection procedures. In addition, adult-oriented businesses shall comply with the following performance standards:
A. 
At all times, the maintenance and operation of an adult-oriented business shall be in accordance with the design standards set forth in this section.
B. 
All exterior areas of adult-oriented businesses, including buildings, landscaping and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds and debris.
C. 
No special events, promotions, concerts or similar activities which are likely to increase the parking demand at the location of the adult-oriented business shall occur unless the permit holder has obtained a special events permit from the city as would be required by all other types of businesses within the city.
D. 
Any person who operates or causes to be operated an adult-oriented business and regardless of whether or not an adult-oriented business license has been issued to the business under this code, which exhibits on the premises in a viewing room or viewing area of less than one hundred square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
1. 
Upon application for an adult-oriented business license, the application shall be accompanied by a diagram of the premises showing a floorplan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager's station(s) shall not exceed thirty-two square feet of floor area.
2. 
No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the director.
3. 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station. Configuration of the premises shall also demonstrate full compliance with Chapter 5.65 of this code, including specifically Sections 5.65.014, 5.65.015 and 5.65.018, as applicable.
E. 
An on-site security program shall be prepared and implemented, and shall address the required security measures in Section 5.65.014 of this code.
(Ord. 1017, 2013)
A. 
Investigations for compliance for adult-oriented businesses shall be governed by Section 20.560.030 of this title and the following:
1. 
The appeal of the decision of the director shall be directly to the city council in accordance with the provisions of subsection C of this section; and
2. 
If the complete application is not acted upon and written notice is not given to the applicant within thirty days from the date the application fee is paid to the city, the application shall be deemed approved by operation of law and the business shall be operated in accordance with the provisions of this chapter. The notice shall be deemed given upon personal delivery to the applicant or upon deposit in the U.S. mail, first-class, postage prepaid, addressed to the applicant at the address shown on the application.
B. 
Certificates of occupancy for adult-oriented businesses shall be governed by Section 20.560.030 of this title, except that:
1. 
The appeal of the decision of the director shall be directly to the city council in accordance with the provisions of subsection C of this section; and
2. 
If the complete application is not acted upon and written notice is not given to the applicant within five days from the date the application fee is paid to the city or, if the application fee was paid prior to action on the application for the investigation for compliance, within five days from the date notice was given pursuant to subsection (A)(2) of this section, the application shall be deemed approved by operation of law and the business shall be operated in accordance with the provisions of this chapter. The notice shall be deemed given upon personal delivery to the applicant or upon deposit in the U.S. mail, first-class, postage prepaid, addressed to the applicant at the address shown on the application.
C. 
The applicant may appeal the denial or conditional denial of the application by filing a complete notice of appeal with the city clerk within fifteen days after notice of the decision was given to the applicant pursuant to subsection A or B of this section. To be deemed complete, the notice of appeal shall be signed by the applicant, shall state the grounds for disagreement with the denial, and shall be accompanied by the filing fee established by resolution of the city council.
1. 
Within thirty days after a complete appeal was filed, the city council shall hear and act on the appeal de novo and the city clerk shall give the applicant written notice of the decision and findings made by the city council. Otherwise the application shall be deemed approved by operation of law and the business shall be operated in accordance with the provisions of this chapter. The notice shall be deemed given upon personal delivery to the applicant or upon deposit in the U.S. mail, first class, postage prepaid, addressed to the applicant at the address shown on the application. The notice shall be in substantially the same format as reproduced below and shall include a written statement verified by oath or affirmation attesting to the date that the decision was mailed to the party by first class mail. The city clerk shall give the applicant at least ten days written notice of the time and place at which the appeal shall be heard by the city council in the same manner that written notice of the decision is to be given pursuant to this paragraph.
2. 
The decision of the city council shall be final and conclusive, unless timely judicial review is sought pursuant to Code of Civil Procedure Section 1094.8.
(Ord. 1017, 2013)
Any nonconforming adult-oriented business may be continued, except as provided in this chapter, provided that the use shall not be increased, enlarged, extended or altered, except as provided in this chapter.
(Ord. 1017, 2013)
A. 
Any adult-oriented business which is a nonconforming use on the date the ordinance codified in this chapter becomes effective shall be subject to an amortization period of three years, and any such business which becomes a nonconforming use after the effective date of said ordinance shall be subject to an amortization period of three years commencing on the date the use becomes nonconforming.
B. 
The owner of the property on which an adult-oriented business that is a nonconforming use is located or the owner of the business may apply for extension of the amortization period pursuant to Section 20.460.130 of this chapter. Such application shall be made not later than six months prior to the expiration of the amortization period, unless the director determines that good cause is shown for late filing of the application.
C. 
Upon the conclusion of the amortization period, any adult-oriented business which is a nonconforming use shall cease all business operations, and all signs, advertising and displays relating to such business shall be removed within thirty days thereafter.
(Ord. 1017, 2013)
A. 
An application for extension of the amortization period for an adult-oriented business which is a nonconforming use shall be made as provided herein.
B. 
The owner of the property on which the business is located or the owner of the business must apply for approval of an extension not later than six months prior to expiration of the amortization period, unless the director determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form prescribed by the director and shall be accompanied by the filing fee established by resolution of the city council. The person requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period established by Section 20.460.120 of this chapter is unreasonable and that the requested extension is a reasonable amortization period under the criteria set forth in subsection G of this section. The person applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this section.
C. 
Not later than thirty days after submittal of an application to extend the amortization period, the director shall notify the applicant, in writing, if the application is not complete. The notice shall describe the manner in which the application can be made complete and shall be deemed given upon personal delivery to the applicant or upon deposit in the U.S. mail, first class, postage prepaid, addressed to the applicant at the address shown on the application. If a written determination is not provided to the applicant within thirty calendar days after the application is submitted, the application shall be deemed complete. A complete application shall include:
1. 
The applicant's name and the street address of the business;
2. 
The address to which notice is to be mailed and, at the applicant's option, a telephone number;
3. 
The applicant's signature;
4. 
The term of the requested extension;
5. 
Documentation relevant to the factors listed in subsection G of this section; and
6. 
The required filing fee.
D. 
Within forty-five days after a complete application is filed, the planning commission shall hear and act on the application and the secretary to the planning commission shall give the applicant written notice of the decision and findings made by the planning commission. Otherwise, the application shall be deemed granted by operation of law and the business shall be operated in accordance with the provisions of this chapter. Notice shall be deemed given upon personal delivery to the applicant or upon deposit in the U.S. mail, first class, postage prepaid, addressed to the applicant at the address shown on the application. The secretary shall give the applicant at least ten days written notice of the time and place at which the application shall be heard by the planning commission in the same manner that notice of the decision is to be given pursuant to this subsection.
E. 
The applicant may appeal the decision of the planning commission to deny the application, in whole or in part, by filing a complete notice of appeal with the city clerk within fifteen days after notice of the decision was given to the applicant pursuant to subsection D of this section. To be deemed complete, the notice of appeal shall be signed by the applicant, shall state the grounds for disagreement with the decision of the planning commission, and shall be accompanied by the filing fee established by resolution of the city council.
F. 
Within forty-five days after the appeal was filed, the city council shall hear and act on the appeal and the city clerk shall give the applicant written notice of the decision and findings made by the city council. Otherwise the application shall be deemed granted by operation of law and the business shall be operated in accordance with the provisions of this chapter. Notice shall be deemed given upon personal delivery to the applicant or upon deposit in the U.S. mail, first class, postage prepaid, addressed to the applicant at the address shown on the application. The notice shall include a written statement verified by oath or affirmation attesting to the date that the decision was mailed to the party by first class mail. The city clerk shall give the applicant at least ten days written notice of the time and place at which the appeal shall be heard, de novo, by the city council in the same manner that written notice of the decision is to be given pursuant to this subsection.
G. 
In determining whether to grant an extension of the amortization period and in determining the appropriate length of such an extension, the planning commission and the city council on appeal shall consider:
1. 
The amount of investment in the business;
2. 
The present actual and depreciated value of business improvements;
3. 
The applicable Internal Revenue Service depreciation schedule or functional nonconfidential equivalent;
4. 
The remaining useful life of the business improvements;
5. 
The remaining lease term;
6. 
The ability of the business and/or land owner to change the use to a conforming use;
7. 
The opportunity for relocation to a legally permissible site and the cost of relocation; and
8. 
The date upon which the property owner and/or business owner received notice of the nonconforming status of the adult-oriented business and the amortization requirements.
H. 
The decision of the planning commission shall be final and conclusive, unless a timely and complete appeal is filed with the city clerk pursuant to subsection E of this section. The decision of the city council on appeal shall be final and conclusive, unless timely judicial review is sought pursuant to Code of Civil Procedure Section 1094.8. In the event that a timely action or proceeding is brought pursuant to Code of Civil Procedure Section 1094.8 from the decision to deny the requested extension, in whole or in part, the decision shall be automatically stayed pending a final decision on the merits by the trial court. As used in this subsection, final decision on the merits does not include rehearing or appellate procedures.
(Ord. 1017, 2013)
The establishment of an adult-oriented business shall include any of the following:
A. 
The opening or commencement of operation of any adult-oriented business as a new business;
B. 
The conversion of any existing business, whether or not an adult-oriented business, to any adult-oriented business;
C. 
The addition of any adult-oriented business to any other existing adult-oriented business or to an existing non-adult-oriented business, with or without expansion of floor area;
D. 
The relocation of any adult-oriented business; or
E. 
The expansion or enlargement of the premises of any adult-oriented business by ten percent or more of the existing floor area.
(Ord. 1017, 2013)
The filing fee for applications and all appeals established by this chapter shall be set by resolution of the city council.
(Ord. 1017, 2013)