Fillmore Municipal Code Ch. 15.70 Adult Businesses

The city council finds, having reviewed land use studies concerning the secondary effects of adult-oriented businesses in other cities including, but not limited to, 1991 Final Report on the Relationship between Crime and Adult Business Operations on Garden Grove Boulevard to the City of Garden Grove, California; 1986 Austin, Texas Report on Adult Oriented Businesses; 1984 Planning Divisions Report on Adult Entertainment Business in Indianapolis, Indiana; 1983 Houston, Texas Committee on the Proposed Regulation of Sexually Oriented Businesses, Legislative Report; and 1977 Los Angeles, California, City Planning Department Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles, that the secondary effects of adult-oriented businesses include, among other things, an increase in crime, a decrease in property values and retail trade, unlawful sexual activities including prostitution and pandering, exposing minors to harmful materials, possession and distribution of obscene materials, child pornography, possession and sale of controlled substances, and violent crimes against persons and property.

Because adult-oriented businesses, by their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas, the city council enacts this chapter to insure that these adverse effects will not negatively impact the community's quality of life by, among other things, creating nuisances among adjacent land uses, contributing to increased crime rates, interfering with the actions of religious and other nonprofit organizations in sponsoring organized activities for the city's youth, contributing to the blighting or downgrading of the surrounding neighborhoods, or exacerbating any existing blighted conditions within any area of the city.

It is not the intent of the city council to establish community standards on obscenity or to restrict free expression. It is the intent of the city council to enact a content neutral ordinance which provides appropriate areas where adult entertainment and other adult-oriented businesses, which by reason of their secondary effects are appropriate to certain areas only, can be operated without nuisance to nearby properties and the public.

It is further the intent of the city council that adult-oriented businesses shall exhibit the same high standards of site planning, architecture, landscape and exterior design required of all commercial, manufacturing or industrial developments, as applicable, while minimizing general public view of sexually explicit adult-oriented materials or activities, particularly as such materials or activities might cause harm or offense to captive viewers of such materials or activities, i.e., passers-by or other visitors to the area who, although not customers of an adult-oriented business, would have no choice but be exposed to such materials or activities.

(Ord. 702 § 1 (part), 1994)

This chapter establishes regulations governing the establishment and operation of "adult-oriented businesses" as defined in this chapter. This chapter provides for the regulation of adult businesses by allowing the concentration of adult-oriented businesses only in certain areas of the city in order to, among other things, minimize deleterious effects on adjoining properties zoned for residential uses and other sensitive uses and otherwise further the purpose and intent set forth in Section 15.70.010.

(Ord. 702 § 1 (part), 1994)

(a) For purposes of this chapter, "adult-oriented business" means an adult arcade, an adult bookstore, an adult cabaret, an adult drive-in theater, an adult hotel or motel, an adult live entertainment theater, an adult mini-movie theater, an adult massage parlor, an adult model studio, an adult movie theater, an adult retail store, an adult theater, an escort agency, or a sexual encounter center, as such businesses are hereafter defined:

(1) "Adult book store" means an establishment having twenty-five percent or more of its stock-in-trade for sale, rental, exchange or display books, magazines, newspapers, periodicals, catalogs or other printed material distinguished or characterized by an emphasis on depicting, describing or relating to sexual activities or specified anatomical areas, as defined herein;

(2) "Adult cabaret" means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers and where such performances are distinguished or characterized by an emphasis on sexual activities or specified anatomical areas, as defined herein;

(3) "Adult drive-in theater" means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and which, as a regular and substantial course of conduct, presents material distinguished or characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas;

(4) "Adult hotel" or "adult motel" means a hotel or motel that rents rooms for a period of ten hours or less;

(5) "Adult live entertainment theater" means any place, building, enclosure or structure, partially on entirely used for live adult entertainment performances or presentations characterized by an emphasis on depicting, exposing, displaying, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein;

(6) "Adult massage parlor" means an establishment in which any person, firm, association or corporation, in exchange for any form of consideration or gratuity, engages in any method of pressure on, friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating with the hands or with the aid of any mechanical or electrical apparatus or appliance the specified anatomical areas of patrons, as defined herein;

(7) "Adult mini-movie theater" means any commercial establishment with a capacity for less than fifty persons, other than a hotel or motel, and which, as a regular and substantial course of conduct, shows motion pictures or videos, which are distinguished or characterized by their emphasis on depicting or relating to sexual activities or specified anatomical areas, as defined herein. This includes, without limitation, showing any such slides, motion pictures or videos by means of any video tape system which has a display, viewer, screen or televisions set;

(8) "Adult motion picture or video arcade" means any place to which the public is permitted or invited and where paper note, coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture viewing machines, projectors or other image-producing devices are maintained regularly and substantially 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 depicting or describing sexual activities or specified anatomical areas, as defined herein;

(9) "Adult movie theater" means any commercial establishment that has a capacity of fifty or more persons, other than a hotel or motel, and which, as a regular and substantial course of conduct, shows motion pictures or videos which are distinguished or characterized by their emphasis on depicting, describing or relating to sexual activities or specified anatomical areas, as defined herein. This includes, without limitation, showing any such motion pictures or videos by means of any video tape system which displays on a viewer, screen or television set;

(10) "Adult video store" means an establishment having twenty-five percent or more of its stock-in-trade for sale, rental, exchange or display video tapes or disks, films, slides, photographs or other film media distinguished or characterized by an emphasis on depicting, describing or relating to sexual activities or specified anatomical areas, as defined herein;

(11) "Adult model studio" means any business where, in exchange for or acceptance of any form of consideration or gratuity, figure models who display specified anatomical areas, as defined herein, are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by patrons involved in the transfer of such consideration or gratuity. For purposes of this chapter, "adult model studio" does not include any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma;

(12) "Adult retail store" means any commercial establishment with twenty-five percent or more of its stock in trade consisting of paraphernalia, devices or equipment distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas;

(13) "Adult theater" means a theater, concert hall, auditorium or similar establishment that, for any form of consideration, features, as a regular and substantial course of conduct, either: (1) persons who appear nude, or (2) live performances characterized by the exposure of specified anatomical areas or the presentation of specified sexual activities;

(14) "Escort" means a person who, for any form of consideration or gratuity, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or undergarments, or to privately perform a striptease for another person;

(15) "Escort agency" means a person or business association who, as one of its primary business purposes, furnishes, offers to furnish, or advertises to furnish escorts for a fee, tip or other consideration or gratuity;

(16) "Live adult entertainment" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performer or performers expose to public view without opaque covering specified anatomical areas for entertainment value for any form of consideration;

(17) "Nudity or a state of nudity" means the visibility of a human bare buttock, anus, male genitals, female genitals or female breast below a point immediately above the top of the areola;

(18) "Sexual encounter center" means any business, agency or person who, in exchange for or acceptance of any form of consideration or gratuity, provides a place where three or more persons who are not all members of the same family may congregate, assemble or associate for the purpose of engaging in physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or other specified sexual activities or exposing specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy.

(b) For purposes of this section, "specified sexual activities" includes the following:

(1) Actual or simulated sexual intercourse, oral copulation and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or

(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

(3) Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

(6) Erotic or lewd touching, fondling or other contact with an animal by a human being; or

(7) Human excretion, urination, menstruation, vaginal or anal irrigation.

(c) "Youth-oriented business" means a business activity, whether for profit or nonprofit, which caters predominantly to onsite patronage by persons under eighteen years of age who may be accompanied onsite by a parent or guardian and which is open for such business not less than twenty-five hours per week.

(d) For purposes of this chapter, "specified anatomical areas" includes the following:

(1) Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Ord. 702 § 1 (part), 1994)

Adult-oriented businesses may be established, subject to a conditional use permit ("CUP") and all other provisions of this chapter and this title, only in the Business Park zone in the city. For purposes of this chapter, the "establishment" of any adult-oriented business shall include the locating and opening of such a business as a new business, the relocation of such business, the conversion of an existing business location to any adult-oriented business use, or the expansion or intensification of an existing adult-oriented business use.

(Ord. 702 § 1 (part), 1994)

(Ord. No. 16-861, § 3, 6-14-2016)

(a) In the Business Park zone, where the adult-oriented businesses regulated by this chapter would otherwise be permitted, no adult-oriented business may be established:

(1) Within five hundred feet of any residential zone or residential use; or

(2) Within five hundred feet of a church, synagogue, mosque or temple, or any other noncommercial establishment operated by a bona fide religious organization used primary for religious worship and related activities, community meeting use type, boys club, girls club, or similar youth organization or any establishment likely to be frequented or used by minors; or

(3) Within five hundred feet of any public or private school, educational facility, vocational school, college, schoolgrounds, park, playground, preschool, nursery, day care center, youth-oriented business, or other place frequented by children.

(b) For purposes of this chapter, all distances between a proposed adult-oriented business and any of the uses or areas specified in subdivisions (1) through (4), inclusive, of subsection (a) of this section shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as a part of the premises where said adult-oriented business is conducted to the nearest property line of any lots or premises zoned for, or used for, residential purposes, or of any lot within a redevelopment project area, or to the nearest property line of any lot or premises of a church or educational institution utilized by minors, or any other use listed in subdivisions (2) or (3) of subsection (a) of this subsection;

(c) Notwithstanding any provision of this title to the contrary, none of the locational criteria set forth in this section may be waived, reduced or modified in any manner by any variance procedures otherwise set forth in Fillmore Municipal and Zoning Codes.

(Ord. 702 § 1 (part), 1994)

(Ord. No. 16-861, § 4, 6-14-2016)

(a) The minimum lot area, minimum lot width, minimum yard requirements and minimum off-street parking and loading requirements shall be the same as those required under the M zoning district regulations, as applicable. The permitted accessory uses and structures, maximum lot coverage by all buildings, and max-imum height of structures shall be the same as those allowed under the M zoning district regulations, as applicable. Prohibited uses and structures shall be those prohibited under the M zoning district regulations, as applicable. Sign allowances and regulations shall be those relating to the M zones, set forth in applicable Fillmore Municipal and Zoning Codes.

(b) In addition to the above, no adult-oriented business may be established, initiated, expanded or relocated unless the applicant first demonstrates that the proposed adult-oriented business meets, or shall meet, all of the following standards and requirements:

(1) The locational criteria set forth in Section 15.70.050;

(2) All building openings, entries and windows from adult-oriented businesses shall be located, covered or screened in such a manner as to prevent a view into the interior, from any public sidewalks, streets, arcades, hallways or passageways, or from other uses, of any material or activity which has as its primary or dominant theme matter depicting, describing or relating to specified sexual activities or specified anatomical areas;

(3) Exterior advertising and signage which is visible from any public sidewalk, streets, arcades, hallways or passageways, or from other uses, shall not display any material which has as its primary or dominant theme matter depicting, describing or relating to specified sexual activities or specified anatomical areas. The exterior lighting and signage of the proposed adult-oriented business shall be substantially similar to the exterior lighting and signage of other uses in the area;

(4) Exterior development shall meet all other development, design and landscape design requirements of the M zone;

(5) An adult-oriented business may not allow:

(A) Admittance of a person under eighteen years of age to the business premises unless accompanied by a parent or guardian, or

(B) A person under eighteen years of age to remain at the business premises unless accompanied by a parent or guardian, or

(C) A person under eighteen years of age to purchase goods or services at the business premises without the specific consent of a parent or guardian,

(D) A person who is under eighteen years of age to work at the business premises as an employee, or

(E) Any employee, while engaged in the display or exposure of any specified anatomical areas, to maintain a distance of less than three feet from any patron.

(c) In any adult arcades, adult mini-theaters or adult movie theaters, the entire interior of the premises where the pictures are to be viewed shall be visible upon entrance to such premises. No viewing room may be occupied by more than one person at any one time. The entry to each viewing room shall be open and not be covered by any door, panel, curtain or other obstruction to view.

(d) The owner, operator or manager of an adult-oriented business shall not, between the hours of two a.m. and six a.m. of any particular day:

(1) Remain open for business; or

(2) Engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service; or

(3) Permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service.

(e) The adult-oriented business shall be established, maintained, and operated in a manner that complies with all other applicable provisions of law.

(Ord. 702 § 1 (part), 1994)

(a) Any adult business lawfully operating on the effective date of this chapter in a location in which Section 15.70.050 does not allow an adult business to be established shall be deemed a nonconforming use and may continue to operate in such location for a period of sixty days after enactment of this chapter. Within this time period, adult businesses not in full compliance with the requirements of this chapter, and other applicable Fillmore Municipal and Zoning Codes, shall be discontinued and cease operations or shall be brought into full compliance with the provisions of this chapter. The city council, upon recommendation of the planning commission, may grant one or more one-year extensions of such period on a convincing showing by the permittee of extreme financial hardship, which is defined as the inability of a reasonably prudent operator of the business to recover a reasonable financial investment in the business within the time allowed. "Reasonable financial investment" refers to investment as of December 13, 1994, including any written lease entered into by the permittee before such date and extending more than one year from such date.

(b) A nonconforming use may not increase the floor area occupied by the adult business on the effective date of this chapter. A nonconforming use shall terminate if voluntarily discontinued for thirty or more consecutive days. However, a nonconforming use may be changed to a conforming use.

(c) An adult-oriented business lawfully operating on the effective date of this chapter in a location in which Section 15.70.050 allows an adult business to be established is not rendered nonconforming by the location, subsequent to the grant or renewal of an adult-oriented business permit (CUP), of a bona fide religious organization, public or private school playground, public building, public park, recreation area, youth organization, educational facility, vocational school, college, day care center, nursery, preschool, residential zone or property used for residential purposes, within five hundred feet of the adult business. This provision applies only to the renewal of a valid adult-oriented business CUP and does not apply when an application for such a permit is submitted after the permit has expired or been revoked.

(d) All adult businesses operating on the effective date of this chapter shall apply for an adult-oriented business conditional use permit (CUP) as provided in Section 15.70.080 within thirty days of such effective date. No such adult business shall continue to operate if the CUP is denied.

(e) All adult businesses (except adult hotels and motels) operating on the effective date of this chapter and exhibiting on the premises in a viewing room of less than one hundred fifty square feet of floor space, a film, video cassette or other video reproduction that depicts specified sexual activities or specified anatomical areas, shall comply with the provisions of Section 15.70.080 in order to be eligible for issuance of an adult business conditional use permit.

(Ord. 702 § 1 (part), 1994)

(a) No adult business shall be opened, established or relocated except upon the granting of a CUP therefor in accordance with the following provisions:

(1) Application for permits, permit modifications, amendments, and all other matters pertaining to this chapter shall be filed with the Department on a city application form, together with all fees, plans, maps and any other information required by the department. The application may only be made by the owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this chapter, or their agent(s). The completed application shall contain the following information and be accompanied by the following documents:

(A) If the applicant is:

(i) An individual, the individual shall state his or her legal name and any aliases and submit satisfactory written proof that he or she is at least eighteen years of age,

(ii) A partnership, the partnership shall state its complete name, the names of all partners, whether the partnership is general or limited and attach a copy of the partnership agreement, if any,

(iii) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacities of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process;

(B) If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant must state the fictitious name of the adult business and show proof of registration of the fictitious name;

(C) A description of the type of adult business for which the permit is applied and the proposed address where the adult business will operate;

(D) The address to which notice of action on the application is to be mailed;

(E) A certificate and straight-line drawing prepared within thirty days prior to application by a California registered land surveyor, depicting the building and the portion thereof to be occupied by the adult business; and

(i) The property lines of any religious institution, school, public park, recreation area or youth organization within five hundred feet of the closest exterior wall of such building, and

(ii) The property lines of any residential zones or property used for residential purposes within five hundred feet of the closest exterior wall of such building;

(F) A diagram of the offstreet parking areas and premises entries of the adult business, showing the location of the lighting system required by Section 15.70.090.

(2) Regulations Pertaining to Adult Businesses with Video Booths. An applicant, operator or permittee of an adult business (other than an adult motel), regardless of whether or not a permit has been issued to the business under this chapter, which business exhibits on the premises in a viewing room of less than one hundred fifty square feet of floor space, a film, videocassette or other video reproduction that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(A) The application for an adult-oriented business CUP shall be accompanied by a diagram of the premises showing the location of one or more manager's stations, the location of all overhead lighting fixtures and any portion of the premises to which patrons will not be admitted. A manager's station may not exceed thirty-two square feet of floor area, with no dimension greater than eight feet. The diagram shall also designate the place where the adult business permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint is not required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The city manager may waive the diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since the diagram was prepared.

(B) No alteration in the configuration or location of a manager's station may be made without the prior approval of the city manager.

(C) The interior of the premises shall be configured so that there is an unobstructed view from a manager's station of every area of the premises to which any patron is admitted for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more managers' stations designated, the interior of the premises shall be configured so that there is an unobstructed view of each area of the premises to which any patron is admitted for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(D) The view area specified in subsection (A)(2)(C) of this section shall remain unobstructed at all times by any doors, walls, merchandise, display racks or other materials. No patron shall be admitted to any area of the premises that has been designated as an area in which patrons will not be admitted in the diagram submitted pursuant to subsection (A)(2)(A) of this section.

(E) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are admitted at an illumination of not less than two footcandles, as measured at the floor level. Such illumination shall be maintained at all times that any patron is present on the premises.

(F) At least one employee shall be on duty and situated at each manager's station at all times that any patron is present inside the premises.

(3) The completed application shall be accompanied by a nonrefundable application fee and an annual permit fee. The permit fee shall be refunded if the application is denied. The amount of such fees shall be set by resolution of the city council.

(4) Applicants shall promptly supplement the application if the information therein changes in any way. Failure to supplement the application within thirty days from the date of such change shall be grounds for suspending the permit.

(5) If the city manager determines that the applicant has completed the application improperly, the city manager shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the city manager to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(6) The fact that an applicant possesses other types of state or city permits or licenses (including, but not limited to, a business license, a special use permit, an arcade permit, a dance permit or an entertainment permit) does not exempt the applicant from the requirement of obtaining an adult-oriented business CUP.

(Ord. 702 § 1 (part), 1994)

All off-street parking areas and premises entries of an adult business shall be illuminated from dusk to the close of business with a lighting system that provides an average maintained horizontal illumination of one footcandle of light on the parking surface and walkways, in conformance with Section 6.04.1209-.01(f) of the Fillmore Zoning Code.

(Ord. 702 § 1 (part), 1994)

The council shall, by resolution, establish a schedule of fees for permits, amendments and other matter pertaining to this chapter. The schedule of fees may be changed or modified only by resolution of the council. Review shall not commence on any application until all applicable fees/deposits have been paid in full or a fee agreement is approved by the city manager. The city is not required to continue processing any application unless additionally required fees/deposits (i.e., additionally required real cost deposits) are paid in full. Failure to pay the applicable fees/deposits is grounds for disapproval of the application.

(Ord. 702 § 1 (part), 1994)

Each application shall be analyzed to ensure that it is consistent with the purpose/intent of this chapter and the city's CEQA guidelines. To ensure effective implementation of general plan policies relating to design, each application shall be reviewed in compliance with the applicable design review procedures prior to determination by the planning commission. Additionally, any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the city engineer, and approval by the planning commission.

(Ord. 702 § 1 (part), 1994)

Upon receipt in proper form of a conditional use permit application and compliance with the city's CEQA guidelines, a public hearing before the planning commission shall be set within thirty days of the filing of the completed application and notice of the hearing given in compliance with Sections 15.70.150 through 15.70.230 (Hearings and Appeals).

(Ord. 702 § 1 (part), 1994)

Applications shall be noticed, processed and reviewed in compliance with state law (Government Code Sections 65090, 65091, 65094 and 66451.3 and Public Resources Code Section 21000, et seq.).

(Ord. 702 § 1 (part), 1994)

The director shall investigate all of the pertinent facts relating to the application in order to provide the written information necessary for action in compliance with the purpose/intent of this chapter and the general plan. The director shall provide the written report, containing a recommendation and the required findings, to the planning commission within fifteen days of the date of filing the completed application.

(Ord. 702 § 1 (part), 1994)

Hearings shall be held at the date, time and place for which notice has been given in compliance with this chapter. The summary minutes shall be prepared and made part of the permanent case file. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear public announcement is made specifying the date, time and place to which the hearing will be continued.

(Ord. 702 § 1 (part), 1994)

The planning commission shall announce and record its decision at the conclusion of the scheduled public hearing. The decision shall contain the action of the planning commission, including all findings, conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any effects upon environmental quality and natural resources.

(Ord. 702 § 1 (part), 1994)

Following a hearing, the planning commission shall record the decision in writing and shall recite the findings upon which the decision is based. The planning commission shall approve and/or modify a conditional use permit application in whole or in part, with conditions, only if all of the following findings are made:

(1) The proposed use is conditionally permitted within the subject zoning district and complies with all of the applicable provisions of this chapter;

(2) The proposed use is consistent with the general plan;

(3) The approval of the conditional use permit for the proposed use is in compliance with CEQA;

(4) There will be no potentially significant negative effects upon environmental quality and natural resources that could not be properly mitigated and monitored;

(5) The proposed use will not create significant noise or traffic;

(6) The subject site is physically suitable for the type and density/intensity of use being proposed; and

(7) There are adequate provisions for public access, water, sanitation, and public utilities and services to the proposed use;

(8) Following the planning commission hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application no later than five days from the date of the hearing. Included within this mailing, shall be a city-prepared letter for the applicant to sign, acknowledging that the applicant is in full concurrence/understanding with the final conditions of approval. The decision of the planning commission shall be final unless appealed to the council within fifteen days of the final action, in accordance with Sections 15.70.180 and 15.70.190.

(9) The recommendation with findings of the planning commission for the following applications shall be transmitted to the council for final action within fifteen days of the decision of the planning commission:

(A) Specific plans;

(B) General plan amendments;

(C) Zoning map amendments;

(D) Zoning ordinance amendments;

(E) Development agreements;

(F) Tentative tract maps; and

(G) Vesting tentative maps.

(Ord. 702 § 1 (part), 1994)

All appeals shall be submitted in writing on a city application form, and shall specifically state the pertinent facts of the case and the basis of the appeal. An appeal of a commission decision shall be filed in the office of the city clerk within fifteen days following the final date of action for which an appeal is made. Appeals shall be accompanied by a filing fee in compliance with Section 15.70.100 (Applications and Fees).

(Ord. 702 § 1 (part), 1994)

Notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all noticing materials which were required in the original application.

(Ord. 702 § 1 (part), 1994)

A public hearing before the city council on the appeal shall be set and held within fifteen days of the filing of the appeal pursuant to Section 15.70.200. The hearing for the appeal shall allow the introduction of all pertinent information, including the reintroduction of the information on the record from the original hearing(s). If a continuance of the appeal hearing is desired, the continuance shall be mutually agreed to by the original applicant, the appellant and the city. The city council shall announce and record its decision at the conclusion of the scheduled public hearing. The decision shall contain the findings, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any effects upon environmental quality and natural resources.

Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application no later than five days from the date of the hearing. Included within this mailing, shall be a city-prepared letter for the applicant to sign, acknowledging that the applicant is in full concurrence/understanding with the final conditions of approval.

(Ord. 702 § 1 (part), 1994)

An action of the planning commission appealed to the council shall not become final unless and until upheld by the council.

(Ord. 702 § 1 (part), 1994)

When an application for a permit or amendment is disapproved, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing twelve months except as otherwise specified at the time of disapproval. The director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously disapproved permit or amendment and report to the planning commission such determination.

(Ord. 702 § 1 (part), 1994)

If more complete or additional facts or information, which may affect the original action taken on an application by the city council are presented, the city council may reconsider the action taken, if a request for reconsideration is filed by the applicant, with the department, within fifteen days following the final date of action. If a public hearing was required in the original review process, another public notice shall be given ten days prior to the reconsideration by the city council, and all costs associated with the reconsideration shall be paid by the applicant.

(Ord. 702 § 1 (part), 1994)

No permit shall be issued for any use involved in an application for a conditional use permit until, and unless, the same shall have become final, in compliance with Section 15.70.190 (Effective Date).

(Ord. 702 § 1 (part), 1994)

A conditional use permit shall be exercised within one year from the date of approval or the permit shall become null and void. For uses which require new construction, construction commencement shall have occurred within one year or the permit shall become null and void. Additionally, if after construction commencement, work is discontinued for a period of one year, then the permit shall become null and void. If a project is built in preapproved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the permit, or the permit shall become null and void. If the application for the conditional use permit also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised prior to the expiration of the companion tentative map.

(Ord. 702 § 1 (part), 1994)

An approved conditional use permit may be modified in compliance with Section 15.70.280 (Applications and Fees). Minor modifications to an approved permit may be approved by the director, in compliance with the following provisions:

(1) Application. The minor modification of a permit requires the approval of the director, who may establish additional conditions to further the purpose/intent of this chapter. An application for the minor modification shall be filed with the department in compliance with Chapter 15.70.080 (Applications and Fees). Any modification request which exceeds the prescribed limitations outlined in this chapter shall require the filing of a new/modified application and a subsequent hearing by the appropriate review authority.

(2) Applicability. The director may grant a minor modification to a permit, up to a maximum of ten percent or five thousand square feet, whichever is less, of the following standards, which would not result in a reduction from any minimum standard outlined in this chapter.

(A) On-site circulation and parking, loading and landscaping;

(B) Placement, size and/or height of walls, fences and structures;

(C) Reconfiguration of architectural features and/or modification of furnished colors, that do not alter or compromise the previously approved design; and

(D) A reduction/expansion in density/intensity of a development project.

(3) Applicable Regulations. All applications shall be subject to the applicable provisions of this chapter.

(Ord. 702 § 1 (part), 1994)

The planning commission may, upon an application being filed at least one day prior to expiration of the CUP and for good cause, grant one time extension not to exceed one year. Prior to granting the extension, the planning commission shall ensure that the conditional use permit complies with all current ordinance provisions.

(Ord. 702 § 1 (part), 1994)

The planning commission may revoke or modify a conditional use permit in compliance with the following provisions:

(1) Procedure. The review authority shall hold a public hearing to revoke or modify any permit granted in compliance with the provisions of this chapter according to the hearing procedures set forth in Sections 15.70.120. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the county of Ventura, and/or the project applicant. The only exception to this notice requirement shall be for temporary use permits, which only require a twenty-four-hour notice to the applicant. The director shall prepare a written report relating to a proposed revocation or modification pursuant to the provisions of Section 15.70.140, except that the director's report shall be provided to the planning commission fifteen days prior to the scheduled hearing on the proposed revocation or modification.

(A) A permit may be revoked or modified by the review authority if any one of the following findings can be made:

(i) That circumstances have changed so that one or more of the findings outlined in Sections 15.70.170 can no longer be made;

(ii) That the permit was obtained by misrepresentation or fraud;

(iii) That the authorized improvement/use had ceased or was suspended for six or more months;

(iv) That one or more of the conditions of the permit have not been met;

(v) That the authorized improvement/use is in violation of any statute, ordinance, law or regulation; or

(vi) That the authorized improvement/use constitutes a nuisance.

(2) The decision of the planning commission shall be final unless appealed to the city council in accordance with Sections 15.70.200 and 15.70.210.

(3) An appeal to the city council shall be heard and a decision made in accordance with the provisions set forth in Section 15.70.220.

(Ord. 702 § 1 (part), 1994)

A conditional use permit granted in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application. The new owner/operator shall file for, and receive approval of, and occupancy clearance, and agree, in writing, to all applicable conditions and operating standards prior to reuse/reopening under the new ownership.

(Ord. 702 § 1 (part), 1994)

The applicant/owner may be required to provide appropriate funds to reimburse the city for the periodic review of the permit to ensure proper compliance with this chapter and any developmental/operational conditions imposed by the planning commission.

(Ord. 702 § 1 (part), 1994)

The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed by the planning commission with respect to any construction to be undertaken by the applicant/owner.

(Ord. 702 § 1 (part), 1994)

Any person, partnership, organization, firm or corporation, whether as principal, agent, employee, tenant or otherwise, violating any provision of this chapter or any condition imposed on an entitlement, development permit, map or license, or violating or failing to comply with any order made hereunder, shall be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than six months, by a fine not exceeding one thousand dollars or by a combination of such imprisonment or fines. Any violation of this chapter shall also constitute a public nuisance which may be abated in compliance with the procedures outlined in Chapter 1.08. Any construction in violation of this chapter or any condition(s) imposed on a permit or license, shall be subject to the issuance of a stop work order. Any violation of an officially issued stop work order shall constitute a misdemeanor. Each calendar day during which a violation is found to exist shall constitute a separate violation punishable hereunder.

(Ord. 702 § 1 (part), 1994)

All remedies outlined in this chapter for the handling of violations or enforcement of the provisions of this chapter shall be cumulative, independently available to the city, and not exclusive of any other applicable provisions of city, county, state or federal law. Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of any provision of this chapter, the conviction shall not prevent the city from pursuing any other available remedies to correct the violation(s). Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.

(Ord. 702 § 1 (part), 1994)

Every property owner or applicant seeking a permit, occupancy clearance or any other action in compliance with this chapter shall permit the city official handling the application access to any premises or property which is the subject of the application and the city official shall make the inspections thereof as deemed necessary from time to time throughout the application process. If the permit or other action in compliance with this chapter is approved, the owner or applicant shall permit appropriate city officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions imposed by the review authority.

(Ord. 702 § 1 (part), 1994)

The city may impose fees on an owner/licensee/permittee to cover the full costs incurred by the city for the monitoring and enforcement of the requirements of this chapter as well as those conditions and mitigation measures imposed on an approved license/permit. Additionally, the city shall have the authority to impose appropriate fines on any person, firm, corporation, etc. in compliance with this chapter and other applicable Fillmore Municipal and Zoning Codes, violating any provision(s) of this chapter or any condition imposed on an entitlement, development or permit. The fees/fines shall be adopted by council resolution and included in the city's schedule of fees.

(Ord. 702 § 1 (part), 1994)

The city, the police department and all other city departments agencies, and all city officers, agents and employees charged with enforcement of state and city statutes and laws, shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon an adult business while acting within the scope of authority conferred by this chapter.

(Ord. 702 § 1 (part), 1994)

If any section, subsection or clause of this chapter is held to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. The city council hereby declares that it would have adopted this chapter regardless of the fact that one or more sections, subsections, sentences, clauses or phrases may be determined to be unconstitutional or invalid.

(Ord. 702 § 1 (part), 1994)