the following words and phrases shall, for the purpose of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the Municipal Code, these definitions shall prevail. Many of the applicable definitions for adult businesses are found at Section 5.10.012 of the Municipal Code.
shall be synonymous with "Adult Business," which is defined in Section 5.10.012 of the Municipal Code as follows:
A business establishment or concern that as a regular and substantial
course of conduct operates as an adult retail store, adult motion
picture theater, adult arcade, adult cabaret, adult motel or hotel,
adult modeling studio; or
A business establishment or concern which as a regular and substantial
course of conduct offers, sells or distributes "adult oriented material"
or "sexually oriented merchandise," or which offers to its patrons
materials, products, merchandise, services or entertainment characterized
by an emphasis on matters depicting, describing, or relating to "specified
sexual activities" or "specified anatomical areas" but not including
those uses or activities which are preempted by State law.
means any child day care facility as defined in Section 1596.750
of the California Health and Safety Code other than family day care
homes.
shall mean any public or private park which has been developed
for active or passive recreational uses, excluding therefrom bike
paths.
shall mean any property within the City which carries a zoning
designation permitting the location of a residence, including HEDR
(Heavy Density Residential), HIDR (High Density Residential), LDR
(Low Density Residential), MDR (Medium Density Residential), MF (Multifamily
Residential), R1 (Single-Family Residential), R2 PD (Group Dwelling
Family Residential), RS (Residential Single-Family), SF (Single-Family
Residential), R2 (Multifamily Dwellings District), R4 (Suburban Multifamily
Residential District), RS (Residential Single-Family District), and
residential zones within the following planned communities designations:
PC (Planned Community), PC 1 (Baker Ranch Planned Community), PC 2
(El Toro Planned Community), PC 3 (Foothill Ranch Planned Community),
PC 4 (Lake Forest Planned Community), PC 5 (Nakase Planned Community),
PC 7 (Portola Hills Planned Community), PC 8 (Rancho de Los Alisos
Planned Community), PC 9 (Rancho Serrano Planned Community), and PC
10 (Serrano Highlands Planned Community).
shall mean any institution of learning for minors, whether
public or private, offering instruction in those courses of study
required by the California Education Code and/or which is maintained
pursuant to standards set by the Board of Education of the State of
California. This definition includes a nursery school, kindergarten,
elementary school, middle or junior high school, senior high school,
kindergarten, elementary school, middle or junior high school, senior
high school, or any special institution of education under the jurisdiction
of the California Department of Education. For the purposes of this
section, "school" does not include a vocational or professional institution
of higher education, including a community or junior college, college,
or university.
(Ord. 176 § 1, 2007; Ord. 342 § 5, 2021)
A.
No adult
business shall be established or located in any area in the City other
than the following zoning districts:
C1—Local Business District;
C2—General Business District;
CR—Commercial Regional District;
CC—Community Commercial District;
CH—Commercial Highway District;
PA—Professional and Administrative District;
Neighborhood Commercial District (Lake Forest Planned Community,
Ranch de Los Alisos Planned Community);
Commercial District (Foothill Ranch Planned Community; Portola
Hills Planned Community);
Light Industrial Service Commercial District (El Toro Planned
Community);
Professional Administrative Office District (El Toro Planned
Community);
Business Park District (Pacific Commercentre Planned Community,
Portola Hills Planned Community, Lake Forest Planned Community);
High Technology District (Pacific Commercentre Planned Community);
Urban Activity District (Foothill Ranch Planned Community, Baker
Ranch Planned Community);
Light Industrial District (Pacific Commercentre Planned Community);
and
Industrial District (Foothill Ranch Planned Community).
B.
An adult
business shall not be established or located within:
1.
One
thousand feet from any residential zone (as defined in Section 9.08.010(E))
or land use district—including those within planned communities—which
contain the words "residence," "residential" or "rural living," "group
dwelling" or "multifamily dwellings" within its title.
2.
Five
hundred feet of any school, religious institution, nursery, day care
center, or public or private park.
3.
The
distance requirements referenced above in subsections (B)(1) and (2)
shall not apply when the location of the adult business is such that
it will be separated from a residential zone, school, religious institution,
nursery, day care center, or public or private park, by either a "Commercial
Street" or a "6 or 8 Lane Roadway" as shown on the City's Circulation
Element, Arterial Highway Plan. However, in such instances where the
"Commercial Street" or a "6 or 8 Lane Roadway" has an improved pedestrian
connection either above (i.e. elevated overhead pedestrian access
bridge) or beneath (i.e. below street grade pedestrian access tunnel)
finished grade of said "Commercial Street" or a "6 or 8 Lane Roadway"
the buffer shall still apply.
C.
The
distance requirements referenced above in subsections (B)(1) and (2)
shall not apply nor extend across the 241 Foothill Transportation
Corridor. For the purpose of measuring distance the 241 Foothill Transportation
Corridor shall begin a new separation distance measurement.
D.
Distance
Between Adult Businesses. An adult business shall not be established
or located within 1,000 feet of an existing adult business. If two
or more existing adult businesses are located in closer proximity
to each other than 1,000 feet, then in determining which of the businesses
is or are nonconforming, preference shall be given in the order of
the respective lengths of continuous lawful uninterrupted operation
of the businesses.
E.
Measurement of Distance. For the purpose of measuring the distance requirements set forth in subsections B and D of this section, all distances shall be measured, without regard to intervening structures, from the nearest property line of the property on which the adult business is or will be located to the nearest property line of any residentially zoned property, school, nursery, day care center, religious institution or public or private park as described in subsection B of this section, or between the nearest property lines of the properties occupied by or proposed to be occupied by adult businesses as described in subsection D of this section, along a straight line extended between the two points.
F.
All adult businesses are required to procure and maintain an adult business license as mandated by Chapter 5.10 et seq. of the City's Municipal Code.
G.
No building
permit or zoning clearance, business tax receipt, adult business license,
or other permit or entitlement for use shall be legally valid if issued
to any adult business proposed to operate or to be established in
the City except if the zoning and locational requirements set forth
above are satisfied.
H.
An adult business or establishment operating as a legal conforming use with an approved adult business license from the City shall not be rendered a nonconforming use by the subsequent location of residential zones, schools, nurseries, day care centers, religious institutions or public or private parks within the locational limitations set forth above. For purposes of this section, a use shall be deemed to be subsequently located if it commences following the date an application for an adult business license is filed pursuant to Section 5.10.014 of the Municipal Code.
(Ord. 176 § 1, 2007)
The following provisions shall apply to adult businesses:
A.
Any adult business which is a legal nonconforming use on the date the locational standards for adult businesses set forth in Section 9.08.012 become effective shall be subject to an amortization period of three years.
B.
The owner of any adult business which is a legal nonconforming use may apply for extension of the amortization period, pursuant to Section 9.08.016 of this Code. Such application shall be made prior to the expiration of the amortization period unless the reviewing authority determines that good cause is shown for late filing of the application.
C.
Upon
the conclusion of the amortization period, any adult business which
is a legal nonconforming use shall cease all business operations and
all signs, advertising, and displays relating to said business shall
be removed within 30 days.
(Ord. 176 § 1, 2007)
A.
An application
for extension of the amortization period for an adult business which
is a legal nonconforming use shall be made as provided herein.
B.
The owner of the property on which an adult business is located or the owner of the adult business who desires to extend the amortization period must apply for approval of an extension not later than six months prior to expiration of the amortization period, unless the Community Development Director determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form as prescribed by the Community Development Director and shall be accompanied by the required fee as established by resolution of the City Council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period established by Section 9.08.014 of this Code is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party 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 30 days after submittal of an application to extend the
amortization period, the Community Development Director shall notify
the applicant, in writing, if the application is not complete. A complete
application shall include:
1.
The
applicant's signature;
2.
A written request for an extension of the amortization period which shall include information relevant to the factors listed in subsection E below and shall identify the term of the requested extension;
3.
The
required fees;
4.
A
mailing list and a set of gummed labels attached to envelopes with
first-class postage fully paid thereon with the names, addresses,
and tax assessor parcel numbers of all owners of real property within
a radius of 300 feet from the external boundaries of the property
on which the adult business is located; and
5.
A
tax assessor's parcel map identifying the properties to be notified
within the 300 foot radius.
If the application is not complete, the Community Development
Director shall specify in writing those parts which are incomplete
and shall identify the manner by which the application can be made
complete. If a written determination is not provided to the applicant
within thirty (30) calendar days after it is submitted, the application
shall be deemed complete.
D.
The
Planning Commission shall hold a noticed public hearing on the request
for an extension.
E.
Criteria
and Findings. In determining whether to grant an extension of the
amortization period for an adult business which is a nonconforming
use, and in determining the appropriate length of time of such an
extension, the Planning Commission shall consider the amount of investment
in the business, the opportunities for relocation to a legally permissible
site, the costs of relocation, the effects of the business on the
surrounding area, and the following additional factors:
1.
The
present actual and depreciated value of business improvements;
2.
The
applicable Internal Revenue Service depreciation schedule or functional
nonconfidential equivalents;
3.
The
remaining useful life of the business improvements;
4.
The
remaining lease term;
5.
The
ability of the business and/or land owner to change the use to a conforming
use; and
6.
The
date upon which the property owner and/or business operator received
notice of the nonconforming status of the adult business and the amortization
requirements.
F.
The
Planning Commission, or City Council on appeal, shall receive and
consider evidence presented by the applicant and any other persons,
and shall make findings that the amortization period it establishes
is reasonable in view of the evidence and the criteria set forth above.
(Ord. 176 § 1, 2007)
A.
In order to operate an adult business in Lake Forest, the business must obtain an adult business license as provided for in Chapter 5.10 et seq.
B.
Any
owner, operator, manager, employee or independent contractor of an
adult business violating or permitting, counseling or assisting the
violation of any of these provisions regulating adult businesses shall
be subject to any and all civil remedies, including license revocation.
All remedies provided herein shall be cumulative and not exclusive.
Any violation of these provisions shall constitute a separate violation
for each and every day during which such violation is committed or
continued.
C.
In addition to the remedies set forth in subsection B, any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.
D.
The
restrictions imposed pursuant to this section do not constitute a
criminal offense. Notwithstanding any other provision of the Lake
Forest Municipal Code, the City does not impose a criminal penalty
for violations of the provisions of this ordinance related to sexual
conduct or activities.
(Ord. 176 § 1, 2007)
The provisions of this chapter regulating adult businesses are
not intended to be exclusive, and compliance therewith shall not excuse
noncompliance with any other regulations pertaining to the operation
of businesses as adopted by the City Council of the City of Lake Forest.
(Ord. 176 § 1, 2007)
