A. 
Purpose. The purpose of this Chapter is to establish processing and review procedures for the establishment of adult businesses, as defined in this Title, to ensure the protection of sensitive land uses in the surrounding areas.
B. 
Applicability.
1. 
No adult business may be established within the city by right. All persons wishing to establish an adult business within the city shall apply for and receive an Adult Use Development Permit under this Chapter.
2. 
It is the burden of the applicant to supply evidence to justify the approval of an Adult Use Development Permit.
3. 
Any person desiring to operate or establish an adult business within the City shall file for an Adult Use Development Permit application with the Planning Division using a standard application form supplied by the Planning Division.
(Ord. 978, 11/17/2025)
The Planning Commission shall approve, conditionally approve, or deny an application for an Adult Use Development Permit based on the criteria established in this Chapter and the underlying zoning district in which the property is located.
(Ord. 978, 11/17/2025)
A. 
Eligible Applicants. The application shall be signed by the owner or lessee. If the application is signed by a lessee, a notarized statement signed by the owner shall accompany the application. Proof of status is required.
B. 
Required Contents. The City Council, by resolution, shall establish the required contents for Adult Use Development Permit applications.
C. 
Environmental Requirements. Applications for an Adult Use Development Permit shall comply with the California Environmental Quality Act ("CEQA").
D. 
Fees. The City Council, by resolution, shall set a nonrefundable application fee for persons applying for an Adult Use Development Permit.
(Ord. 978, 11/17/2025)
A. 
Determination of Completeness. Within 30 calendar days after an Adult Use Development Permit application is submitted, the Zoning Administrator shall determine whether the application is complete and shall notify the applicant of the determination, including (if appropriate) a description of why the application is incomplete and any additional information that may be required.
B. 
Planning Commission Review. Following the date of a deemed complete application, the Planning Commission shall conduct an appropriate review, including consultation with the Building, Police, Fire, Engineering, and Health Departments, and an inspection of the premises as needed. Consultation is not grounds for the City to unilaterally delay the review of a completed application.
C. 
In reaching a decision, the Planning Commission shall not be bound by the formal rules of evidence.
D. 
Public Hearing and Noticing.
1. 
Following the completion of the review, the Planning Commission shall notice and conduct a public hearing, as prescribed in Chapter 18.205 (Noticing Requirements) of this Title, on the application for an Adult Use Development Permit.
2. 
Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications).
E. 
Timeline. The Planning Commission shall render a written decision of approval, conditional approval, or denial of an Adult Use Development Permit within 60 calendar days of receiving a completed application. The failure of the Planning Commission to render a decision within this time frame shall be deemed a denial.
F. 
Notice of Decision. The Planning Commission's decision shall be hand delivered or mailed to the applicant. Any posted notices shall remain for at least 10 calendar days after the determination of decision and mailed to all property owners within 300 feet of the site in which the adult use will be present.
G. 
Appeals. The decision of the Planning Commission may be appealed to the City Council in compliance with Chapter 18.185 (Appeals and Calls for Review) and California Code of Civil Procedures Section 1094.6.
(Ord. 978, 11/17/2025)
A. 
The Planning Commission shall approve or conditionally approve an application for an Adult Use Development Permit, if, based on the application and information submitted, it is able to make the following findings:
1. 
The proposed adult use complies with the development and design requirements of the underlying zoning district in which it is located and with the applicable standards of this Chapter;
2. 
The proposed adult use and its projected traffic generation is consistent with achieving or maintaining the established level of service and vehicle miles travelled criteria established in the Transportation and Circulation Element of the General Plan. If the City's established level of service is already exceeded, then the proposed use and its projected traffic generation will not result in a net increase in the level of service;
3. 
The proposed site is adequately served by other public and private service facilities for the proposed adult use;
4. 
The proposed adult use is not located within a 500-foot radius of a residential land use designation as prescribed in the Land Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between a proposed use and a residential land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use closest to the lot line of the residential land use designation, along a straight line extended between the two points;
5. 
The proposed adult use is not located within an 800-foot radius of an existing school, daycare, or park facility located within or outside the jurisdiction of the city, or a school or park land use designation as established in the Land Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between the proposed use and a school or park land use designation or facility shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school site or the nearest property line included within a park land use designation, along a straight line extended between the two points;
6. 
The proposed adult use is not located within an 800-foot radius of a religious institution, as defined in Section 18.210.050 (Public and Semi-Public Land Use Classifications) of this Title, located either within or outside the jurisdiction of the City. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult uses along a straight line extended to the nearest exterior wall of the structure housing the religious institution;
7. 
The proposed adult use is not located within 1,000 feet of any other adult use that is located either within or outside the jurisdiction of the City. The distance between two adult uses shall be measured between the nearest exterior walls of the structure housing the adult uses along a straight line extended between the two uses; and
8. 
Neither the applicant (if an individual) or any of the officers or general partners (if a corporation or partnership) have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the State of California as a sex or sex-related offense.
Any conditions of approval imposed upon the Adult Use Development Permit shall comply with the objective development standards of Section 18.60.030 (Separation Requirements) and the underlying zoning district of the proposed lot.
(Ord. 978, 11/17/2025)
A. 
Permits for New Facility/Use. An Adult Use Development Permit approved in accordance with this Chapter shall become null and void unless the proposed use is established within six months of the date of approval.
B. 
Permits for Reuse of Existing Facilities. An Adult Use Development Permit approved in accordance with this Chapter for facilities that are a reuse of existing facilities, the permit shall become null and void unless the proposed use is established within six months of the date of approval, unless the permittee demonstrates, to the satisfaction of the Planning Commission, that it has a good faith intent to commence the proposed use before the expiration date. Such extensions shall not exceed two six-month extensions, or a total of 12 months from the date of approval.
(Ord. 978, 11/17/2025)
A. 
Any Adult Use Development Permit issued in accordance with this Chapter may be revoked by the City if for any of the following reasons:
1. 
The business or activity has been conducted in a manner which:
a. 
Violates one or more of the conditions imposed upon the approval of the Adult Use Development Permit.
b. 
Violates the occupant load limits set by the Fire Marshal;
2. 
The permittee has failed to obtain or maintain all required City, County, and/or State of California licenses and permits;
3. 
The permittee has misrepresented a material fact in the permit application or has not answered each question truthfully;
4. 
Changes in on-site conditions has resulted in the adult business having insufficient on-site parking as established in Chapter 18.80 (Off-Street Parking and Loading), except for an existing use that is legal and nonconforming with respect to parking;
5. 
The building or structure in which the adult business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the public under the standards established in the Uniform Building, Uniform Plumbing or Uniform Fire Code;
6. 
The adult business creates sound levels which violate the City's established noise thresholds;
7. 
The permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the State of California as a sex or sex-related offense during the period of the adult business's operation; or
B. 
The adult use for which the permit was approved has ceased to exist or has been suspended for six months or more.
C. 
Revocation Procedure. An Adult Use Development Permit may be revoked or modified in compliance with Section 18.190.140 (Revocation or Modification of Discretionary Permits). The Planning Commission shall make its decision within 30 days of the public hearing and shall not be bound by the formal rules of evidence at the hearing.
D. 
In the event an Adult Use Development Permit is revoked in accordance with this Section, another Adult Use Development Permit to operate an adult business shall not be granted to the permittee for 12 months after the date of such written notice of revocation.
(Ord. 978, 11/17/2025)
A person who violates a provision of this Chapter, including the failure to secure an Adult Use Development Permit or comply with a condition of approval, is subject to the criminal penalties established in Pleasant Hill Municipal Code Chapter 1.30.
(Ord. 978, 11/17/2025)