Culver City Municipal Code Ch. 11.13 Adult Use Regulations

Section

General Provisions

Development and Operating Standards

Development Permits

Administration

GENERAL PROVISIONS

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 use businesses in close proximity to each other or proximity to incompatible uses such as schools, religious institutions, and residentially zoned properties. The City Council finds that it has been demonstrated in various communities that the concentration of adult use 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 relocate. It is, therefore, the purpose of this Chapter to establish reasonable and uniform operational and development regulations to prevent the concentration of adult uses businesses or their close proximity to incompatible uses, while permitting the location of adult use businesses in certain areas and to regulate the time, place and manner of the operation of adult uses in order to minimize the negative secondary effects associated with such uses.

('65 Code, § 23-24.1) (Ord. No. 98-006, § 20 (part))

In addition to the definitions contained elsewhere in this Code, the following words and phrases shall, for the purposes 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 other provisions of this Code, these definitions shall prevail.

ADULT ARCADE. A business establishment or concern to which the public is permitted or invited and where coin, coin-card, slug-operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors, videos or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas.”

ADULT BOOKSTORE. A business establishment or concern having as a regular and substantial portion of its stock in trade, “material relative to adult uses” (as defined below) which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas.”

ADULT BOOTH. An enclosed or partially enclosed portion of an adult use used for any of the following purposes:

1. Where a live or taped performance is presented or viewed, where the material presented is distinguished or characterized by its emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”;

2. Where persons engage in “specified sexual activities” or activities involving “specified anatomical areas”; or

3. Where adult arcade devices are located.

ADULT BUSINESS or ADULT USE.

1. A business establishment or concern which as a regular and substantial course of conduct operates as an adult bookstore, adult theater, adult arcade, adult cabaret, adult motel or hotel; or

2. A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes adult-oriented merchandise 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 parts,” but not including those uses or activities which are preempted by state law.

ADULT CABARET. A nightclub or other business establishment or concern (whether or not serving alcoholic beverages) which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers, and where such performances are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”

ADULT FIGURE MODELING STUDIO. Any establishment or business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display “specified anatomical areas” to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. “Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education. “Modeling studio” further does not include a studio or similar facility, owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available “specified sexual activities.”

ADULT HOTEL/MOTEL. A hotel or motel which is used for presenting on a regular and substantial basis “material relative to adult uses” which is distinguished or characterized by the emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” through closed circuit or cable television or through videotape recorder where videotapes are provided by the hotel/motel.

ADULT-ORIENTED MERCHANDISE. Sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually-oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”

ADULT MOTION PICTURE THEATER. A commercial establishment where, on a regular and substantial basis and for any form of consideration, “material relative to adult uses” is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, or similar electronically-generated reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

ESTABLISHMENT OF AN ADULT USE. Any of the following:

1. The opening or commencement of any adult use as a new business;

2. The conversion of an existing business, whether or not an adult use, to any adult use defined herein;

• 3. The conversion of a vacant building for use as any adult use defined herein;
• 4. The addition of any of the adult uses defined herein to any other existing adult use;
• 5. The relocation of any such adult use;

6. Physical changes that expand the square footage of an existing adult use by more than ten percent (10%).

MATERIAL RELATIVE TO ADULT USES. Anything including, but not limited to, adult oriented merchandise, accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, or electronically generated images or devices including computer software, or any combination thereof, which is or distinguished or characterized by emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”

PERFORMER. A person who is an employee or independent contractor of an adult use, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult use. “Performer” does not include a patron.

SPECIFIED ANATOMICAL AREAS.

1. Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct;

• 2. Human genitals, pubic region;
• 3. Buttock;
• 4. Female breast below a point immediately above the top of the areola; or

5. Human or simulated male genitals, in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES.

• 1. Human genitals in a state of sexual stimulation or arousal;
• 2. Acts of human masturbation, sexual stimulation or arousal;
• 3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;

4. Masochism, erotic or sexually-oriented torture, beating, or the infliction of pain, or bondage and/or restraints;

5. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

6. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

('65 Code, § 23-24.2) (Ord. No. 98-006, § 20 (part))

A. Subject to the limitations of this Chapter, adult uses may only be located within the following zoning districts, as established by the Zoning Code, as set forth in Title 17 of this Code:

• 1. C-3 (Commercial);
• 2. C-3E (Extended Commercial);
• 3. C-3LR (Lowrise Commercial);
• 4. C-3MR (Midrise Commercial);
• 5. M-1 (Light Manufacturing);
• 6. M-1A (Modified Light Manufacturing); or
• 7. M-2 (General Manufacturing and Industrial).

B. In those zoning districts where the adult uses regulated by this Chapter would otherwise be permitted uses, it shall be unlawful to establish any such adult use if the location is:

1 . Within six hundred (600) feet of any residential zone. The distance between the adult use or proposed adult use and a residential zone shall be measured between the nearest exterior wall of the facility or tenant space housing the adult use or the proposed adult use, and the nearest property line included within the residential zone, along a straight line extended between the two (2) points.

2. Within six hundred (600) feet of any day care facility, park, public school or private school, or religious institution. The distance between the adult use or proposed adult use and a park or school shall be measured from the nearest exterior wall of the facility or tenant space housing the adult use or the proposed adult use to the property line of the school or park site, measured along a straight line extended between the two (2) points.

3. Within one thousand (1,000) feet of any other adult use regulated under this Chapter. Distances between uses shall be measured between the nearest exterior wall of the facility or tenant space housing such use or proposed use along the shortest route intended and available for public traverse between the uses.

4. For purposes of this section, the following definitions shall apply:

(a) DAY CARE FACILITY. A facility that meets the definition of “Day Care Facility” as set forth in the Zoning Code, as set forth in Title 17 of this Code.

(b) PARK. A facility that meets the definition of “Park,” as set forth in § 9.10.005.

(c) PUBLIC SCHOOL or PRIVATE SCHOOL. An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education and has an approved use permit, if required, under the applicable jurisdiction. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, a special institution of learning under the jurisdiction of the State Department of Education.

(d) RELIGIOUS INSTITUTION. A facility used primarily for religious assembly or worship and related religious activities.

(e) RESIDENTIAL ZONE. Any property within the City which carries a zoning designation of Single Family Dwelling Zone (R-1 and R-1a Zone); One Family Dwelling/Zero Lot Line Zone (R-1z Zone); Two Family Dwelling Zone (R-2 Zone); Low Density Multiple Family Dwelling Zones (R-3 and R-3a Zone); Medium Density Multiple-Family Dwelling Zone (R-4 Zone) and property within the Planned Development Zone (PD) that has been formally restricted by action of the City Council to residential use. However, this does not include commercial or industrial zones where a residence is permitted pursuant to a conditional use permit or other special permit or zones in which a residential use may exist as a non-conforming use.

('65 Code, § 23-24.3) (Ord. No. 98-006, § 20 (part))

DEVELOPMENT AND OPERATING STANDARDS

It shall be unlawful for any operator or employee of an adult use to allow such adult use to remain open for business, or to permit any employee or performer to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of midnight and 10:00 a.m. of any day.

('65 Code, § 23-24.4(A)) (Ord. No. 98-006, § 20 (part))

A. Exterior lighting requirement. All exterior areas, including parking lots, of the adult use shall be illuminated at a minimum of 1.50 foot-candle, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties.

B. Interior lighting requirements. All interior areas of the adult use shall be illuminated at a minimum of 1.00 foot-candle, maintained and evenly distributed at floor level.

('65 Code, § 23-24.4(B), (C)) (Ord. No. 98-006, § 20 (part))

A. Generally. The operator shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible for making any room or area on the premises readily accessible at all times and making open to view in its entirety for inspection by any enforcement officer.

B. Minors' access.

1. X-rated movies. To the extent that it is in conformity with the California Penal Code, X-rated movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays movies, videos, DVDs, or laser disks that have been rated “X” or rated “NC-17” by the motion picture rating industry (“MPAA”), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, the movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishment where persons under the age of 18 shall be prohibited.

2. Other material relative to adult uses. For material relative to adult uses not covered by division E.1. above, access shall be restricted to persons over 18 years of age.

3. It shall be unlawful for any employee, owner, operator, responsible managing employee, manager or permittee of an adult entertainment business to allow any person under the age of 18 years upon the premises or within the confines of any adult entertainment business, either as a patron or employee, if no liquor is served, or under the age of 21 if liquor is served.

('65 Code, § 23-24.4(D), (E)) (Ord. No. 98-006, § 20 (part))

No one shall maintain any arcade booth or individual viewing area unless the entire interior of such premises wherein the picture or entertainment that is viewed is visible upon entering into such premises; and further, that the entire body of any viewing person is also visible immediately upon entrance to the premises without the assistance of mirrors or other viewing aids. No partially or fully enclosed booths/individual viewing areas or partially or fully concealed booths/individual viewing areas shall be maintained. No arcade booth shall be occupied by more than one individual at a time. No holes or other openings (commonly known as “glory holes”) shall be permitted between arcade booths or individual viewing areas.

('65 Code, § 23-24.4(F)) (Ord. No. 98-006, § 20 (part))

All viewing areas within the adult use shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and not obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the viewing areas from the main aisle. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. All viewing areas shall be designed or operated to only permit occupancy of either one person, or more than ten (10) persons. “Viewing area” shall mean any area in which a person views performances, pictures, movies, videos, or other presentations.

('65 Code, § 23-24.4(G)) (Ord. No. 98-006, § 20 (part))

A. All adult uses shall have a responsible person who shall be at least eighteen (18) years of age and shall be on the premises to act as manager at all times during which the business is open. The individual designated as the on-site manager shall be registered with the City Manager or designee by the owner to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises.

B. The adult use shall provide a security system that visually records and monitors all parking lot areas, or in the alternative, uniformed security guards to patrol and monitor the parking lot areas during all business hours. A sign indicating compliance with this provision shall be posted on the exterior of the premises between four (4) to six (6) feet from the ground and shall be in addition to allowable wall sign area pursuant to the Zoning Code (Signs), as set forth in Title 17 of this Code. The sign shall not exceed two (2) feet by three (3) feet and shall at a minimum be one (1) foot by one and one-half (1½) feet.

('65 Code, § 23-24.4(H)) (Ord. No. 98-006, § 20 (part); Ord. No. 2006-009 §22 (part))

All adult uses shall comply with the following sign requirements, in addition to those of the Zoning Code, as set forth in Title 17 of this Code. Should a conflict exist between the requirements of the Zoning Code, as set forth in Title 17 of this Code, and this section, the more restrictive shall prevail.

A. All exterior signs shall be flat (i.e., not angled to the front wall of the building) wall signs.

B. No material relative to adult use on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building.

C. Window areas shall not be covered or made opaque in any way. No sign shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operations and admittance requirements.

('65 Code, § 23-24.4(I)) (Ord. No. 98-006, § 20 (part))

The following additional requirements shall pertain to adult uses providing live entertainment. No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit the operation of an adult use to engage in, conduct or carry on unless all of the following requirements are met:

A. No employee, owner, operator, responsible managing employee, manager or permittee of such use shall allow any person below the age of eighteen (18) years upon the premises or within the confines if no liquor is served, or under the age of twenty-one (21) if liquor is served.

B. No person shall perform live entertainment for patrons of an adult use except upon a fixed stage at least eighteen (18) inches above the level of the floor.

C. No performer shall be within six (6) feet of a patron while the performer is performing. This six (6) foot separation shall be marked by a railing, fence, or other physical barrier designed to obstruct any contact between the performer and the patron(s). No performer shall be within six (6) feet of a performer while that performer is performing.

D. No owner, operator, responsible managing employee, manager or permittee shall permit or allow: (1) any patron to approach within six (6) feet of a performer who is either nude or displaying specified anatomical areas; or (2) a performer who is either nude or displaying specified anatomical areas, whether or not performing, to approach within six (6) feet of a patron; or (3) a performer who is either nude or displaying specified anatomical areas to approach within six feet of another performer while performing.

E. All performers, other than nude performers or performers displaying specified anatomical areas while performing, shall, at a minimum while on or about the premises or tenant space, wear an opaque covering which covers their specified anatomical areas.

F. If patrons wish to tip performers, receptacles shall be at least six (6) feet from the stage or other area used by the performers. Patrons shall not provide tips directly to performers or place tips in the performers' costumes. When patrons are at the establishment, a patron shall not be allowed to directly touch, fondle or caress a performer, as those terms are defined in Kev, Inc. v. Kitsep County, 793 F.2d 1053 (9th Cir. 1986). This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier described in division C. above.

G. The adult use shall provide dressing rooms for performers, which are separated by gender and exclusively dedicated to the performers' use and which the performers shall use at all times. Performers may share a dressing room.

H. The adult use shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons, which the performers shall use at all times.

I. The adult use shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult use shall provide a minimum three-foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other physical barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers. Nothing in this section is intended to exempt the adult use from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility.

J. Fixed railing, fence, or other physical barrier at least thirty (30) inches in height shall be maintained establishing the separations between performers and patrons required by this section.

('65 Code, § 23-24.4(J)) (Ord. No. 98-006, § 20 (part))

An adult motion picture theater shall observe the following special requirements:

A. If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions:

1. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the area;

2. Have a continuous main aisle alongside of the seating areas in order that each person seated in the areas shall be visible from the aisle at all times; and

3. Have a sign posted in a conspicuous place at or near each entranceway to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area.

B. If an adult motion picture theater contains adult booths, each adult booth shall comply with each of the following provisions:

1. Have a sign posted in a conspicuous place at or near the entranceway which states the maximum number of persons who may occupy the booth, which number shall correlate with the number of seats in the booth;

2. Have a permanently open entranceway not less than two (2) feet wide and not less than six (6) feet high, not capable of being closed or partially closed by any curtain, door, or other partition which would be capable of wholly or partially obscuring any person situated in the booth;

3. Have individual, separate seats, not couches, benches, or the like, which correlate with the maximum number of persons who may occupy the booth;

4. Have a continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle at all times; and

5. Have, except for the entranceway, walls or partitions of solid construction without any holes or openings in such walls or partitions.

C. If an adult motion picture theater is designed to permit outdoor viewing by persons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those persons may not be seen from any public right-of-way, day care facility, park, public school or private school, or religious institution, as those terms are defined in this Chapter.

('65 Code, § 23-24.4(K)) (Ord. No. 98-006, § 20 (part))

DEVELOPMENT PERMITS

A. No adult use may be established within the City by right - all persons wishing to establish or expand an adult use within the City must apply for and receive an Adult Use Development Permit (AUDP) under this Chapter before opening to the public.

B. It is the burden of the applicant to supply evidence to justify granting an AUDP.

C. Any person desiring to operate, establish or expand an adult use within the City shall file with the Planning Division an AUDP application on a standard application form supplied by the Planning Division.

(‘65 Code, § 23-24.5) (Ord. No. 98-006, § 20 (part); Ord. No. 2025-001 § 2 (part))

A. 1. The application for an AUDP must be signed by the property owner or lessee. If the application is signed by a lessee, written acknowledgment of the application signed by the property owner shall accompany the application. Proof of status of ownership is required.

2. Any individual wishing to operate an adult use must sign the application for an AUDP as an applicant. If a person who wishes to operate an adult use is other than an individual, each individual having a ten percent (10%) or greater interest in the profits or losses of the business must sign the application for an AUDP as an applicant. If a corporation is listed as owner of an adult use or as the entity which wishes to operate such a business, each individual or entity holding ten percent (10%) or more of the outstanding stock in the corporation must sign the application for an AUDP as an applicant.

3. Any individuals who signs the application for an AUDP as an applicant, pursuant to the preceding section, must also provide on the application their names, aliases, addresses, and dates of birth.

B. The City Council, by separate resolution, shall set forth all other contents required for an application for an AUDP.

('65 Code, § 23-24.6) (Ord. No. 98-006, § 20 (part))

A. The Planning Commission shall grant, conditionally grant or deny an application for an AUDP. Any conditions imposed upon the permit shall be in keeping with the objective site operational standards of this Chapter and the development standards as to height, bulk, open space, landscaping, signs and off-street parking of the underlying zone or specific plan in which the property is located.

B. 1. Not later than fifteen (15) calendar days after the City has received the application, the City Planner shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the application is determined to be incomplete, the City Planner's determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. Upon receipt of any resubmittal of the application, a new fifteen (15) day period shall begin, during which the City Planner shall determine the completeness of the application. Nothing in this subdivision precludes an applicant and the City from mutually agreeing to an extension of any time limit provided by this section.

2. If the written determination is not made by the City Planner within fifteen (15) calendar days after receipt of the application, or within fifteen (15) calendar days of resubmittal of any application initially determined to be incomplete, the application shall be deemed complete for purposes of this section.

C. The applicant may appeal a determination of incompleteness in writing to the Community Development Director, within ten (10) calendar days of the date of determination as indicated in the determination. The Community Development Director shall render a final written determination on the appeal not later than fifteen (15) calendar days after receipt of the applicant's written appeal. If the Community Development Director fails to render a final written determination within fifteen (15) calendar days, the application shall be deemed complete for purposes of this section.

D. Upon the filing of a completed application, Planning Division staff shall conduct an appropriate investigation, including a background check and consultation as necessary with the Building Division, Police and Fire Departments, and County Health Department and inspection of the premises as needed. Consultation is not grounds for the City to unilaterally delay in reviewing a completed application.

E. Concurrent with this investigation, the Planning Division shall notice and schedule a public hearing to be conducted by the Planning Commission, as prescribed in the Zoning Code, as set forth in Title 17 of this Code, on the application for the AUDP.

F. In reaching a decision, the Planning Commission shall not be bound by the formal rules of evidence in the California Evidence Code.

G. The Planning Commission shall render a written decision on the application for an AUDP within thirty (30) calendar days of determining an application is complete.

H. In the event that the project requires a negative declaration, mitigated negative declaration or any type of environmental impact as defined in the California Environmental Quality Act (“CEQA”, Cal. Pub. Res. Code §§ 21000 et seq.), the time frames set forth in CEQA and the companion Guidelines (17 California Code of Regulations, §§ 15000 et seq.) shall govern. The failure of the Planning Commission to render such a decision within this time frame shall be deemed to constitute a denial and shall be automatically appealed to the City Council.

I. The Planning Commission's decision shall be hand delivered or overnight mailed to the applicant within five (5) calendar days of its decision. If a permit is issued, the permit shall not be valid pending expiration of the ten (10) day appeal period set forth in § 11.13.215.

('65 Code, § 23-24.7) (Ord. No. 98-006, § 20 (part))

A. Any interested person may appeal the decision of the Planning Commission to the City Council by filing a notice of appeal in writing with the City Clerk accompanied by payment of an appeal fee within ten (10) working days after the Planning Commission's date of decision. The City Council, within the same ten (10) days, may also initiate such an appeal.

B. A notice of appeal shall clearly identify the decision being appealed, and shall include a complete description of all findings of fact or reasoning challenged as erroneous or erroneously excluded, and indicate the basis therefor. If the appeal is of conditions attached to an approval, the appeal shall also specify which conditions were erroneously required, and what additional conditions or changed limitations the appellant desires to impose. Failure to substantially set forth the required matter in any purported notice of appeal shall render such appeal ineffective.

C. The City Council, by resolution, shall set a reasonable appeal fee.

D. Any appealed AUDP shall be held in abeyance pending consideration of the appeal.

E. Consideration of an appeal of the Planning Commission's decision shall be at a public hearing which shall be noticed as provided in the Zoning Code, as set forth in Title 17 of this Code. The City Council shall schedule the public hearing to be held not later than thirty (30) calendar days after receiving notice of the appeal.

F. The City Council shall grant, conditionally grant or deny the application upon the conclusion of the de novo public hearing. The City Council's decision shall be final and conclusive.

G. In reaching its decision, the City Council shall not be bound by the formal rules of evidence as set forth in the California Evidence Code.

('65 Code, § 23-24.8) (Ord. No. 98-006, § 20 (part))

A. The Planning Commission or City Council shall approve an application for an AUDP where the information submitted by the applicant substantiates the following findings:

1. That the proposed use meets the zoning requirements set forth in § 11.13.015.

2. That the proposed use complies with the objective site development standards for height, bulk, open space, landscaping, signs and off-street parking of this Chapter and the underlying zone in which the property is located; and

3. That neither the applicant, if an individual, or shareholders, partners, officers, directors, or parties possessing a major financial interest, if a corporation or partnership, has been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.

B. Any conditions imposed upon the permit shall be in keeping with the objective site development standards for height, bulk, open space, landscaping, signs and off-street parking of this Chapter and the underlying zone in which the property is located.

('65 Code, § 23-24.9) (Ord. No. 98-006, § 20 (part))

A. In the event an application for a AUDP is denied pursuant to this Chapter, no application may be filed for an AUDP to operate a substantially similar adult use at the premises or leased space within twelve (12) months after the date of such denial.

B. The time for any court challenge to a final decision by the City Council is governed by Cal. Code Civ. Proc. § 1094.6. Notice of the City Council's decision and its written findings shall be mailed by first-class mail, postage prepaid and including a copy of an affidavit or certificate of mailing, to the applicant and any interested person. Such notice shall include direct notice that the time within which judicial review of the decision must be sought is governed by Cal. Code Civ. Proc. § 1094.6.

('65 Code, § 23-24.10) (Ord. No. 98-006, § 20 (part))

Any AUDP approved pursuant to this Chapter shall become null and void unless the proposed use is established within six (6) months of the date from the approval. As to facilities that are a reuse of existing facilities, the AUDP shall become null and void unless the proposed new use is established within six (6) months from the date of approval unless, prior to the expiration date, the permittee demonstrates to the satisfaction of the City's Planning Commission that it has a good faith intent to presently commence the proposed use. Such extensions shall not exceed a total of one six-month extension.

('65 Code, § 23-24.11) (Ord. No. 98-006, § 20 (part))

A. Any permit issued pursuant to the provisions of this Chapter may be revoked by the City on the basis of any of the following:

1. That the business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the approved plans and procedures described in the application, or which violates the occupant load limits set by the Fire Marshall;

2. That the permittee has failed to obtain or maintain all required City, County, and State licenses and permits;

3. That the permit is being used to conduct an activity different from that for which it was issued;

4. That the permittee has misrepresented a material fact in the application for permit or has not answered each question therein truthfully;

5. That the building or structure in which the adult use is conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in the Uniform Building, Uniform Plumbing or Uniform Fire Codes;

6. That a permittee, including an owner, clerk, director, partner, or employee of an adult use, has been convicted of an offense classified by the State as a sex-related offense and less than two (2) years have elapsed since the date of conviction or the date of release from confinement of conviction, whichever is the later date, if the conviction is a misdemeanor; or less than five (5) years have elapsed since the date of conviction or the date of release from confinement of conviction, whichever is the later date, if the conviction is a felony; or less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the convictions are two (2) or more misdemeanors or combination of misdemeanor offenses occurring within any twenty-four (24) month period;

7. That an individual employed by the adult use has been convicted of two (2) or more sex-related offenses that occurred in or on the licensed premises within a twelve (12) month period and was an employee of the adult use at the times the offenses were committed; or

8. That the use for which the approval was granted has ceased to exist or has been suspended for six (6) months or more.

B. Written notice of a hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee, shall be personally delivered or sent by certified mail to the permittee at least ten (10) working days prior to the hearing.

C. The revocation hearing shall be heard by the Planning Commission. The Planning Commission shall not be bound by the formal rules of evidence at the hearing.

D. The Planning Commission shall notice and conduct a public hearing, as prescribed in the Zoning Code, as set forth in Title 17 of this Code, on the proposed permit revocation.

E. The Planning Commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's AUDP. Any additional conditions imposed upon the permit shall be in keeping with the objective site development standards for height, bulk, open space, landscaping, signs and off-street parking of this Chapter and the underlying zoning district in which the property is located.

F. The Planning Commission's decision shall be in writing, and shall be hand delivered or overnight mailed to the applicant within five (5) calendar days of the decision.

G. The Planning Commission shall make its decision within thirty (30) calendar days from the conclusion of the public hearing. The Planning Commission's failure to render such a decision within this time frame shall constitute a decision to revoke the AUDP and be automatically appealed to the City Council.

H. Any interested person may appeal the decision of the Planning Commission in writing within ten (10) working days in accordance with the provisions of § 11.13.215.

I. In the event a permit is revoked pursuant to this Chapter, another AUDP to operate an adult use shall not be granted to the permittee within twelve (12) months after the date of such revocation.

('65 Code, § 23-24.12) (Ord. No. 98-006, § 20 (part))

ADMINISTRATION

(A) From January 27, 1997, until March 12, 1997, no application shall be accepted by the City for the establishment of any new or the expansion of any existing adult-oriented businesses. This will allow the City time to:

(1) Thoroughly examine its laws, rules, procedures and fees related to adult-oriented businesses; and

(2) Revise them as determined necessary to conform with the latest applicable case law and standards, which will allow for the rights of any future applicants and will also protect the best interests, health, safety and welfare of the City.

(B) This section is adopted as an emergency measure pursuant to Charter § 614.

(1) It is effective immediately.

(2) It shall remain in effect for a period of forty-five (45) days; provided that, this period may be extended by the City Council should the public interest require it.

(Ord. 97-004, §§ 1, 2)

The provisions of this Chapter are not intended to provide exclusive regulation of the regulated adult uses. Such uses must comply with any and all applicable regulations imposed in other sections of the Culver City Municipal Code, other City ordinances, and State and Federal laws.

('65 Code, § 23-24.13) (Ord. No. 98-006, § 20 (part))

The conduct of any business within the City in violation of any of the terms of Chapter is hereby found and declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoyment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such adult use establishment and restrain and enjoin any person from conducting, operating or maintaining an adult use establishment contrary to the provisions of this Chapter.

('65 Code, § 23-24.14) (Ord. No. 98-006, § 20 (part))

A. Any adult use or establishment regulated under the provisions of this Chapter which is non-conforming on September 10, 1998, shall be subject to an amortization period expiring three (3) years therefrom, except that the that the amortization period shall expire one hundred eighty (180) days therefrom for §§ 11.13.100 through 11.13.115, 11.13.125, and 11.13.135. Any adult use or establishment regulated under the provisions of this Chapter which is non-conforming on September 10, 1998, only because it does not have an approved AUDP from the City shall not be subject to an amortization period.

B. An adult use or establishment operating as a conforming use with an approved AUDP from the City shall not be rendered a non-conforming use by the subsequent location of residential zones, residentially developed planned district zone property, religious institutions, public or private schools, day care facilities, or parks within the locational limitations of this Chapter. For purposes of this section, a use shall be deemed to be subsequently located if it commences following the date an application for an AUDP is deemed complete pursuant to § 11.13.210.

C. Amortization; notice. The City Planner shall provide written notice to the adult use business owner (and lessee/operator, if known by reference to City's business license records) and property owner at least one hundred twenty (120) calendar days prior to the expiration of this amortization period. This notice is not mandatory and lack of notice shall not be deemed to prevent the City from initiating an action seeking declaratory injunctive relief against the owner and/or operator of such business. However, if notice of expiration of amortization period is now given, any application by the owner or lessee/operator of the business for an extension of the amortization period shall not be denied on the grounds that it is untimely.

D. Amortization; application for extension.

1. The adult use business owner may file an application with the City Planner for an extension of the amortization period. The applicant must state:

a. The reason why an extension is necessary;

b. Whether a previous extension had been requested and granted, as well as the date of the previous request; and

c. The efforts that will be made to conform by the conclusion of the extended period.

2. The adult use business owner's application shall be made in writing and shall be accompanied by the required fee as established by the City Council. The application shall include all information which the applicant contends satisfy the eight factors set forth in division E. of this section.

3. Any application for an extension of the amortization period shall be made prior to the expiration of the amortization period unless the Planning Commission determines that good cause exists for the late filing of the application.

E. Amortization; decision to grant or deny.

1. The Planning Commission shall hold a public hearing, noticed as required pursuant to the Zoning Code, as set forth in Tile 17 of this Code, at which time it shall consider the evidence and testimony regarding the request for an extension of the amortization period. The Planning Commission shall grant or deny an application for extension of the amortization period. The Planning Commission shall make its decision within thirty (30) calendar days of the filing of the request.

2. In rendering its decision, the Planning Commission shall determine whether the adult use has been provided with a reasonable amortization period commensurate with the investment involved. If the Planning Commission determines that the amortization period is not reasonable, it shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant to establish that the extension should be granted.

3. The Planning Commission shall consider the following factors in making its determination:

a. The adult use owner's financial investment in the business;

b. The present actual and depreciated value of business improvements;

c. The applicable Internal Revenue Service depreciation schedules;

d. The remaining useful life of the business improvements;

e. The remaining lease term;

f. The cost of relocating the business to a site conforming with the provisions of this Chapter;

g. The ability of the business and/or land owner to change the use to a conforming use; and

h. The secondary effects of the adult use on the health, safety and welfare of surrounding businesses and uses if the adult use is permitted to extend the amortization period.

4. The Planning Commission's decision shall be in writing, and shall be hand delivered or sent by certified mail to the applicant, and shall be posted at City Hall and on the outside of the adult use.

F. Amortization; appeal. Any interested person may appeal the decision of the Planning Commission to the City Council in writing within ten (10) calendar days after the written decision of the Planning Commission in accordance with the provisions of § 11.13.215.

G. Amortization; public nuisance. The City Council declares to be a public nuisance any parcel where an adult use is operating and where the amortization period as a legal non-conforming use has expired and no application for an extension is on file or has been granted, or no application for an AUDP is on file or has been granted.

('65 Code, § 23-24.15) (Ord. No. 98-006, § 20 (part))