Lomita Municipal Code Art. 64 Adult Use Zoning Regulations

The city council finds that this Article, in addition to the general police power authority of cities to enact measures to promote the health, safety, peace, and welfare of its residents, is adopted in accordance with Government Code section 65850(g). The city council finds that the authority to adopt this Article pursuant to Government Code section 65850(g) is independent of the city's police powers to regulate adult-oriented businesses and that the city council would have adopted this Article, and each section, paragraph, subsection, sentence, or phrase or part thereof, irrespective of any express authority provided by Government Code section 65850(g).

(Ord. No. 576, § 8, 2-18-97)

It is the purpose and intent of this Article to provide for the reasonable and uniform regulation of adult-oriented businesses in the city. It is recognized that adult-oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefor the purpose of this Article to establish criteria and standards for the establishment and conduct of adult-oriented businesses which will protect the public health, safety, and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult-oriented businesses, and maintain local property values.

It is the purpose and intent of this Article to establish proper regulations and to provide for a reasonable number of appropriately located sites for adult-oriented businesses within the city, based upon the following findings:

(1) The following studies that substantiate the adverse, secondary effects of adult-oriented businesses were reviewed by the City of Lomita:

Austin, Texas: 1986

Indianapolis, Indiana: 1984

Los Angeles, California: 1977

Phoenix, Arizona: 1979

St. Paul, Minnesota: 1989

Garden Grove, California: 1991

Upland, California: 1992

Santa Maria, California: 1993

(2) Based on the foregoing studies and the other evidence presented, the city council of the City of Lomita finds that:

a. Adult-oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and,

b. Both the proximity of adult-oriented businesses to sensitive land uses and the concentration of adult-oriented businesses tend to result in the blighting and downgrading of the areas in which they are located.

(3) The studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult-oriented businesses adjacent to residential zones, schools, parks and recreational uses, religious uses, etc., or other adult-oriented businesses can cause other businesses and residents to move elsewhere.

(4) The studies conducted in various communities in other jurisdictions have demonstrated that adult-oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them.

(5) The special regulation of adult-oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that adult-oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in proximity with sensitive uses such as residential zones, schools, parks and recreational uses, religious uses, etc., thereby having a deleterious effect upon the adjacent areas.

(6) It is the purpose and intent of these special regulations to prevent the concentration or location of adult-oriented businesses in a manner that would create such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially including minors, the special regulation of the time, place, and manner of the location and operation of adult-oriented businesses is necessary.

(7) The protection and preservation of the public health, safety, and welfare require that certain distances be maintained between adult-oriented businesses and residential zones, schools, parks and recreational uses, religious uses, etc., and other adult-oriented businesses.

(8) The need to regulate the proximity of adult-oriented businesses to sensitive land uses such as residential zones, schools, parks and recreational uses, religious uses, etc., and other adult-oriented businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this section.

(9) The report of the State of Minnesota Attorney General's Working Group on the regulation of Sexually Oriented Businesses dated June 6, 1986, indicates that:

a. Community impacts of sexually oriented businesses are primarily a function of two (2) variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of a sexually-oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and,

b. The impacts of sexually-oriented businesses are exacerbated when they are located near each other. When sexually oriented businesses have multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can have the impact of several separate businesses.

(10) In consideration of the findings of the report of the State of Minnesota Attorney General's Working Group on the Regulation of Sexually-Oriented Businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple adult-oriented businesses within one building in order to mitigate the compounded adverse secondary effects associated with such concentrations as described above.

(11) The provisions of this Article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials, that are protected by the First Amendment of the United States Constitution and the relevant provisions of the California State Constitution.

(12) The proposed parking standards are necessary in the interests of the public health, safety, and welfare to provide for an appropriate amount of off-street parking.

(Ord. No. 576, § 8, 2-18-97)

An adult-oriented business' is any business where employees, independent contractors, or patrons expose specified anatomical areas' or engage in specified sexual activities,' or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities' or `specified anatomical areas.'

Adult-oriented businesses do not include bona fide medical establishments operated by properly licensed and registered medical personnel with appropriate medical credentials for the treatment of patients. Adult-oriented businesses also do not include athletic or exercise facilities where specified anatomical areas' may be exposed within a single-sex locker room or similar facility used for changing clothing where such exposure is primarily done in conjunction with changing or showering either prior to or after use of the athletic or exercise facilities. An adult-oriented business also does not include a bona fide theater,' as defined herein.

Adult-oriented businesses do not include those uses or activities, the regulation of which is preempted by state law. Adult-oriented businesses shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, employees, or independent contractors to appear in any place in attire which does not opaquely cover `specified anatomical areas.'

In determining whether a use is an adult-oriented business, only conduct or activities which constitute a regular and substantial course of conduct shall be considered. Substantial' conduct includes any use which has a significant portion of its floor area, stock-in-trade, entertainment/performance, or revenue derived from material characterized by an emphasis on matters depicting, exposing, describing, discussing, or relating to specified sexual activities' or `specified anatomical areas." Isolated instances of conduct or activities described in this section as characterizing an adult-oriented business shall not be considered except where such activities, taken together, constitute a regular and substantial course of conduct.

Adult-oriented businesses include, but are not limited to, the following:

(1) Adult arcade. An adult arcade' shall mean any place to which the public is permitted or invited wherein coin-operated or slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projections, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities' or `specified anatomical areas.'

(2) Adult bookstore. `Adult bookstore' is an establishment which has, as a substantial portion of its stock-in-trade, a majority of its floor area, or a majority of its revenue derived from and offering for sale for any form of consideration, any one (1) or more of the following:

a. Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by an emphasis upon the depiction or description of specified anatomical areas' or specified sexual activities;'

b. Instruments, devices, or paraphernalia which are designed for use in connection with `specified sexual activities;' or,

c. Goods which are replicas of, or which simulate, specified anatomical areas,' or goods which are designed to be placed on or in specified anatomical areas,' or to be used in conjunction with `specified sexual activities' to cause sexual excitement.

(3) Adult cabaret. An adult cabaret' is a bar, nightclub, lounge, restaurant, juice bar, or similar establishment or concern which features as a regular and substantial course of conduct any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities' or specified anatomical areas,' including dancers, strippers, or similar entertainers who expose specified anatomical areas' of their bodies or simulate or engage in `specified sexual activities.'

(4) Adult motel. An `adult motel' means a hotel, motel, or similar commercial establishment which:

a. Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions or other medium, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized or distinguished by the depiction or description of specified sexual activities' or specified anatomical areas' and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or,

b. Offers or advertises a sleeping room for rent for a period of time that is less than ten (10) hours in a twenty-four-hour period; or,

c. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours in a twenty-four-hour period.

(5) Adult motion picture theater. An adult motion picture theater' shall mean a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depictions or description of specified sexual activities' or `specified anatomical areas.'

(6) Adult tanning salon. An adult tanning salon' or parlor' shall mean a business establishment where patrons receive tanning services in groups of two (2) or more and where patrons, employees, or independent contractors thereof of the establishment expose specified anatomical areas. Adult tanning salon' or parlor' shall also include a business establishment where a patron and an employee or independent contractor thereof of the establishment are nude or expose specified anatomical areas.' An adult tanning salon' or parlor' shall also include a business establishment where the employees or independent contractors thereof are nude or expose specified anatomical areas.'

(7) Adult theater. An adult theater' is any place, building, enclosure, theater, concert hall, auditorium, or structure, partially or entirely used for live performances or presentations, which place, building, enclosure, theater, concert hall, auditorium, or structure is used for presenting matter characterized by an emphasis on depicting, exposing, describing, or relating to specified sexual activities' or specified anatomical areas' for observation by patrons thereon. Such place shall also include an adult theater wherein persons are regularly featured appearing in a state of nudity or giving live performances which are characterized by the exposure of specified sexual activities' or by specified anatomical areas.' An adult theater' shall not mean a bona fide `theater.'

(8) Reserved.

(9) Nude model studio. A nude model studio' means any place where a person who appears in a state of nudity or displays specified anatomical areas' is provided to be conversed with or be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons, for any form of consideration. Nude model studio shall not include any classroom of any school licensed under state law to provide art education, while such classroom is being used in a manner consistent with such state license.

(10) Sex supermarket/sex mini-mall. A `sex supermarket/sex mini-mall' shall mean the establishment or operation of more than one type of adult-oriented business or use as defined in this title within the same building.

(11) Sexual encounter center. `Sexual encounter center' means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

a. Physical contact in the form of wrestling or tumbling between persons of the same or opposite sex when either or both of them are nude, semi-nude, or displaying or exposing `specified anatomical areas'; or,

b. Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or is semi-nude.

(12) Sexual novelty store. A sexual novelty store' is an establishment having, as a substantial portion of its stock-in-trade, a majority of its floor area, or a majority of its revenue derived from goods which are replicas of, or which simulate, specified anatomical areas,' or specified sexual activities,' or goods which are designed to be placed on or in specified anatomical areas,' or to be used in conjunction with `specified sexual activities,' to cause sexual excitement, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas.

(13) Sexually-oriented business. A sexually-oriented business' is any business, where employees or independent contractors or patrons expose specified anatomical areas' or engage in or simulate specified sexual activities,' or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities' or `specified anatomical areas.'

(14) Theater. A theater' shall mean a theater, concert hall, or similar establishment that is primarily devoted to the production of artistic dance, literary, dramatic, or comedic performances on stage. If any such performance depicts, exposes, describes, or relates to specified sexual activities' or `specified anatomical areas,' the theater shall be an adult-oriented business unless one or more of the following is true:

a. In every single regular performance, any emphasis on matters depicting, exposing, describing, or relating to specified sexual activities' or specified anatomical areas' is on an occasional or incidental basis; or,

b. The performance is primarily devoted to a verbal presentation and the spoken emphasis on matters depicting, describing, or relating to specified sexual activities' or specified anatomical areas' is not a significant portion of the entire verbal display; or,

c. The performance is primarily devoted to a visual presentation and the emphasis on matters depicting, exposing, describing, or relating to specified sexual activities' or specified anatomical areas' is not intended to appeal to prurient or sexual interests.

(Ord. No. 576, § 8, 2-18-97)

In addition to the terms defined in sections 11-1.64.03 and 11-1.64.05, the following words and phrases shall have the meaning set forth below:

(1) Appeal. Wherever reference to an appeal' is being filed or available to be filed, such right of appeal shall also include the right to appeal administrative determinations made by the city manager/designee pursuant to this Article to the planning commission and city council. Wherever the term appeal' is used hereunder — including any time limit to act on an appeal, such term shall also mean a complete appeal being filed which includes all identified information and payment of any appeal fee.

(2) Couch dance or couch dancing. The term couch dance' or couch dancing' shall also include chair dancing' and table dancing' and shall mean an employee or independent contractor of an adult-oriented business intentionally touching any patron while engaged in the display or exposure of any specified anatomical area' or while simulating any specified sexual activity.' A couch dance' shall also include an employee or an independent contractor of an adult-oriented business performing off-stage and within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area' or while simulating any `specified sexual activity.'

(3) Straddle dance or straddle dancing. The term straddle dance' or straddle dancing' shall have the same meaning as couch dance' or couch dancing' as defined in subsection (2) above.

(4) Establishment. An `establishment' means and includes any of the following:

a. The opening or commencement of any adult-oriented business as a new business;

b. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business;

c. The addition of any adult-oriented business to any other existing adult-oriented business; or to another existing non-adult-oriented business, with or without expansion of floor area;

d. The relocation of any adult-oriented business; or,

e. The expansion or enlargement of the premises by ten (10) percent or more of the existing floor area.

(5) Nudity or a state of nudity. Nudity' or a state of nudity' means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.

(6) Private viewing area. `Private viewing area' means an area or areas in an adult-oriented business designed to accommodate no more than five (5) or less patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation. No private viewing areas shall be established, maintained, or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area.

(7) School. `School' means any public or private educational institution which is run by the state or a subdivision thereof or which is licensed by the State of California to offer day care, nursery care, pre-school, elementary, or secondary academic instruction — including day care, nursery, kindergartens, elementary schools, middle or junior high schools, and high schools.

(8) Semi-nude. `Semi-nude' means a state of dress in which clothing, including supporting straps or devices, covers no more than the genitals, pubic region, and areolae of the female breast.

(9) Sensitive use. Sensitive use' means any county or city zone or land use district — including those within planned communities — which contain the words residence,' residential,' or rural living,' within its title; any church, chapel, religious institution, or similar place of worship; any cemetery, or similar facility; any school, nursery, or day care center; or any park, playground, or property zoned, planned, or otherwise designated for such use by city or county action or by city or county acceptance of dedications for such use.

(10) Specified criminal act. A specified criminal act' shall also mean specified criminal acts' and include sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, the distribution of obscenity; violations involving the distribution, display, or sale of material harmful to minors; prostitution; or pandering. `Specified criminal acts' shall exclude those acts which are authorized or required to be kept confidential pursuant to Welfare and Institutions Code §§ 600 through 900.

(Ord. No. 576, § 8, 2-18-97; Ord. No. 699, § 1, 4-2-07)

The following words and phrases when used in this Article shall have the meaning set forth below:

(1) Specified anatomical areas. `Specified anatomical areas' shall include any of the following human anatomical areas:

a. Less than completely and opaquely covered genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areolae; or,

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

(b) Specified sexual activities. `Specified sexual activities' include all of the following:

a. The fondling or other erotic touching of the following human anatomical areas: genitals, pubic regions, buttocks, anuses, or female breasts;

b. Human sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

c. Human masturbation, actual or simulated;

d. The actual or simulated infliction of pain by one human upon another; or by an individual upon himself or herself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking, or touching of an erogenous zone, including without limitation, the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast;

e. Sexual intercourse, actual or simulated, between a human being and an animal; or,

f. Excretory functions as part of or in connection with any of the activities set forth in (a) through (e), above.

(Ord. No. 576, § 8, 2-18-97)

In order to operate an adult-oriented business within this city, the applicant or proprietor of the business must obtain the license required by Chapter 4, Title 6, Article 2 and any other license required by chapter 6 of this Code and an adult use planning permit as required herein. It shall be unlawful and a misdemeanor, subject to punishment in accordance with section 1-2.01 et seq. of this Code, for an owner, operator, manager, employee, or independent contractor to operate an adult-oriented business without possessing an adult use planning permit required by this Article and any license required by chapter 6 of this Code. In order for the application to be deemed or determined complete, the applicant shall pay the filing fee as set by resolution of the city council for an adult use planning permit. All applicants for such permit, in addition to any application or documents required to be filed pursuant to the provisions of this title, shall file a written, signed, and verified application on a form provided by the planning director evidencing the following:

(1) The name and permanent address of the applicant.

(2) The name and business address of the applicant. If the applicant is a corporation, the applicant shall provide the name and the State of Incorporation. The corporate name shall be exactly as set forth in its Articles of Incorporation and the applicant shall show the name and address of each of the officers, directors, and controlling stockholders owning no less than ten (10) percent of the stock of the corporation. If the applicant is a partnership, the application shall show the name and address of each of the partners, including limited partners.

(3) Location and address of the proposed adult-oriented business.

(4) Legal description of the subject property.

(5) A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment.

(6) Proposed hours of operation.

(7) A floor plan showing where the specific entertainment uses are proposed to be conducted within the building, with sufficient detail to demonstrate compliance with the requirements of this Article and Title 6, Chapter 4, Article 2 hereof.

(8) A site plan.

(9) The name or names of the person or persons having responsibility for the management or supervision of the applicant's business and of any entertainment.

(10) Statement of the nature and character of the applicant's business if any, to be carried on in conjunction with such entertainment.

(11) If the applicant is other than the legal owner of the property, evidence that the applicant has either the consent of the legal owner or the right to submit an application.

(12) Two (2) sets of mailing labels containing the names and mailing addresses of all owners of real property as shown on the latest equalized assessment roll within three-hundred (300) feet of the applicant's proposed business.

Notwithstanding the fact that an application filed hereunder may be a `public record' under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or, age, the applicant's driver's license and/or social security number, and/or personal financial data. The city council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this Article by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The city clerk shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth above.

(Ord. No. 576, § 8, 2-18-97)

(a) The planning commission shall approve or disapprove the completed adult use planning permit application within forty-five (45) days of its acceptance as complete by the planning director, unless extended upon the written consent of the planning director and the applicant. This forty-five day review period shall be used by the city staff, planning commission, and governmental agencies to complete the following necessary steps in the approval process:

(1) Within two (2) working days of receipt of the completed application, the planning director shall determine whether the proposed use is subject to an exemption from the California Environmental Quality Act, (`CEQA Exemption Review'); and,

(2) Within the balance of the processing period, the planning director shall prepare an initial study and draft negative declaration, if appropriate, pursuant to the California Environmental Quality Act; and,

(3) Prepare public notice of the consideration of the negative declaration and the notice of public hearing on the permit application; and,

(4) Submit applicant fingerprints using the priority processing procedure [25] to the state department of justice for criminal history background check so that results may be obtained prior to the public hearing on the proposed permit application; and,

(5) Within thirty (30) days of the city's receipt of the completed application: the following agencies and departments shall have completed their inspections and reviews of the proposed use and information contained in the application:

a. County health department;

b. Local fire authority;

c. Planning department for zoning compliance;

d. City building and safety staff; and,

e. The designated head of the law enforcement entity providing police services to the city for criminal history purposes and site security issues for the individuals involved.

In the event that any of the aforesaid agencies or departments does not complete its inspection and/or review within thirty (30) days of receipt of the completed application by the city, that agency or department shall be deemed to have waived that agency's or department's right to inspect or review the proposed use and approval and that agency's or department's approval shall not be necessary to grant the applicant an adult use planning permit.

(6) Within forty-five (45) days of receipt of the completed application by the city, the planning commission shall conduct a noticed hearing on the application for an adult use planning permit and shall approve the application if the application meets the requirements of sections 11-1.64.09, 11-1.64.15 and 11-1.64.16 hereof and shall deny the application if any of the findings set forth in sections 11-1.64.09, 11-1.64.15 and 11-1.64.16 hereof cannot be made. The planning commission shall issue its decision within seven (7) days of opening the public hearing. However, in no event shall the planning commission fail to approve or deny the application within fifty-two (52) days of receipt of the completed application, unless consent to a later deadline is given in writing by the applicant to the planning director. If the planning commission fails to approve or deny the application within fifty-two (52) days, or the extension thereof, of the receipt of the completed application, the application shall be deemed approved by the planning commission entitling the applicant to engage in the proposed use, subject to the remaining provisions of this Article (including the filing of an appeal by an interested party under section 11-1.64.08 hereof) and all other applicable laws and ordinances.

(b) In the event the information requested for the investigation is not available prior to the granting of the permit, the city or planning commission shall, if the application otherwise meets the requirements of this Code, issue the permit. Should information later obtained materially vary from that contained in the application, such variance shall be cause to revoke the permit. Any permit issued prior to the city receiving the information necessary for investigation shall state clearly on its face that the license is subject to suspension or revocation pursuant to 6-4.22.09 through 6-4.22.11 of this Code.

(Ord. No. 576, § 8, 2-18-97)

Footnotes:

--- (25) ---

Results guaranteed by the state to be issued within seventeen (17) days of submittal.

(a) If the application for an adult use planning permit is denied by the planning commission, the applicant shall have fifteen (15) days from the date of receipt of written notification of the denial in which to appeal the decision to the city council. If appealed, notice of the hearing before the city council shall be mailed to the applicant and the property owners within three hundred (300) feet of the proposed business and the hearing shall be held at the earliest possible date authorized by law, but in no event later than thirty-five (35) days from the date of the planning commission's action to approve, or deny the application or from the date the application was deemed approved. The city council shall act on the appeal within forty-five (45) days from the date the application was approved, deemed approved, or denied by the planning commission. Otherwise, the application shall be deemed approved and the applicant shall be entitled to engage in the proposed use subject to the remaining provisions of this Article and all other applicable laws and city ordinances or regulations.

(b) If the application for an adult use planning permit is approved or deemed approved by the planning commission's action or failure to act, such action or inaction may be appealed by the applicant or any aggrieved party by filing a notice of appeal with the city clerk within fifteen (15) days of the date of the application's approval or deemed approval. Such appeal shall be scheduled and heard in accordance with the time limits of this section.

(Ord. No. 576, § 8, 2-18-97)

(a) The planning commission, or city council on appeal, shall approve the application for an adult use planning permit unless it is unable to make one or more of the following findings:

(1) That all applicable filing fees have been paid.

(2) That the applicant is not overdue in payment to the city of any fees, fines, or penalties assessed against or imposed in relation to an existing or former adult-oriented business.

(3) That the building, structure, equipment, and location used by the business for which an adult use planning permit is required complies with the requirements and standards of the health, building, zoning, fire, and safety laws of the State of California, the local fire authority, and the City of Lomita.

(4) That the conduct of the adult-oriented business as proposed by the applicant, if permitted, will comply with all applicable laws; including but not limited to, the city's building, zoning, fire, and health and safety regulations.

(5) Reserved.

(6) That the use is permitted in the zone, district, or area in which it is proposed to be located and is in conformity with the applicable development standards of that zone, district, or area—including the provision of required parking.

(7) That the use is in conformity with the locational criteria set forth in sections 11-1.64.15 and 11-1.64.16 of this Code.

(8) That the design of the site and the proposed improvements are in compliance with all applicable design provisions of section 11-1.64.16 of this Code.

(9) That the proposed conduct of the adult-oriented business is in compliance with all applicable performance standards of section 11-1.64.16 of this Code.

(10) That the applicant, his or her employee, agent, partner, director, officer, controlling stockholder, or manager has not knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit or license, or in any report or record required to be filed with city or county.

(11) That on the date that the business for which a permit is required herein commences, or thereafter, there shall be a responsible person on the premises to act as manager at all times during which the adult-oriented business is open.

(12) That the applicant is eighteen (18) years of age or older.

(13) That an applicant has not been convicted of a `specified criminal act' for which:

a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the `specified criminal acts' which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering.

b. Less than five (5) yeas have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the `specified criminal acts' which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering.

c. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the `specified criminal acts' which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering; conviction of any such offense occurring within twenty-four (24) months prior to application.

d. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.

e. An applicant who has been convicted of any of the above described `specified criminal acts' may qualify to own, operate, or manage an adult-oriented business only when the required time period has elapsed.

(14) That the proposed use is consistent with the city's general plan.

(b) In acting on the application for an adult use planning permit, the planning commission or city council on appeal shall not consider information authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 to 900.

(c) In the event the planning commission, or the city council on appeal, denies an adult use planning permit application, the business, if operating, shall cease its operations as an adult-oriented business and no further activities regulated by this Article or Title 6, Chapter 4, Article 2 of the Lomita Municipal Code shall be conducted on the premises unless and until an adult use planning permit and a license required by Title 6, Chapter 4, Article 2 of the Lomita Municipal Code is obtained.

(Ord. No. 576, § 8, 2-18-97)

Any adult use planning permit granted or approved hereunder shall be granted or approved with the city and its city council and planning commission retaining and reserving the right and jurisdiction to review and modify the adult use planning permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the business, the change in scope, emphasis, size, or nature of the business, and the expansion, alteration, of change of use. The reservation of the right to review any permit granted or approval hereunder by the city, city council, and planning commission is in addition to, and not in lieu of, the right of the city, city council, and planning commission to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit.

(Ord. No. 576, § 8, 2-18-97)

All design and performance standards set forth in this Article are deemed to be necessary for the protection of the public health, safety, and welfare and shall be applicable and govern all existing and proposed adult-oriented businesses and shall immediately apply to any proposed adult-oriented business upon adoption and passage of this Article.

(1) In the event that there is an adult-oriented business lawfully in existence prior to the adoption of this Article and is not in compliance with the design and performance standards of this Article, any such adult-oriented business shall conform to all design and performance standards as specified in section 11-1.64.16(d) and (e) within six (6) months of the effective date of this Article.

(Ord. No. 576, § 8, 2-18-97)

(a) An application for extension of the amortization period for an adult-oriented business which is a nonconforming use shall be made as provided herein.

(b) The owner of the property on which an adult-oriented business is located or the owner of the adult-oriented business who desires to extend the amortization period must apply for approval of an extension not later than six (6) months prior to expiration of the amortization period, unless the planning director determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form as prescribed by the planning director and shall be accompanied by the required fee as established by resolution of the city council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period established by section 11-1.64.11 of the Lomita Municipal Code is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this section.

(c) Not later than thirty (30) days after submittal of an application to extend the amortization period, the planning director shall notify the applicant, in writing, if the application is not complete. A complete application shall include:

(1) The applicant's signature;

(2) A written request for an extension of the amortization period which shall include information relevant to the factors listed in subsection (f) below and shall identify the term of the requested extension;

(3) The required fees;

(4) A mailing list and two (2) sets of gummed labels with the names, addresses, and tax assessor parcel numbers of all owners of real property within a radius of three-hundred (300) feet from the external boundaries of the property on which the adult-oriented business is located; and,

(5) A tax assessor's parcel map identifying the properties to be notified within the three-hundred-foot radius.

If the application is not complete, the planning director shall specify in writing those parts which are incomplete and shall identify the manner by which the application can be made complete. If a written determination is not provided to the applicant within thirty (30) calendar days after it is submitted, the application shall be deemed complete.

(d) The planning commission shall hold a noticed public hearing on the request for an extension.

(e) Reserved.

(f) Criteria and findings. In determining whether to grant an extension of the amortization period for an adult-oriented business which is a nonconforming use, and in determining the appropriate length of such an extension, the planning commission shall consider the amount of investment in the business, the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area, and the following additional factors:

(1) The present actual and depreciated value of business improvements;

(2) The applicable Internal Revenue Service depreciation schedule or functional non-confidential equivalents;

(3) The remaining useful life of the business improvements;

(4) The remaining lease term;

(5) The ability of the business and/or land owner to change the use to a conforming use; and,

(6) The date upon which the property owner and/or business operator received notice of the nonconforming status of the adult-oriented business and the amortization requirements.

(g) The planning commission, or city council on appeal, shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria set forth above.

(Ord. No. 576, § 8, 2-18-97)

(a) Any nonconforming building lawfully in existence prior to the adoption of this Article may be continued and maintained, except as provided in this Article, provided there are no structural alterations, except as provided in this Article.

(b) Any nonconforming use lawfully in existence prior to the adoption of this Article may be continued, except as provided in this Article, provided that the use shall not be increased, enlarged, extended, or altered, except as provided in this Article.

(Ord. No. 576, § 8, 2-18-97)

The following provisions shall apply to adult-oriented businesses:

(1) Any adult-oriented business which is a nonconforming use on the date this Article becomes effective, shall be subject to an amortization period of three (3) years, and any adult-oriented business which becomes a nonconforming use after the effective date of this Article shall be subject to an amortization period of three (3) years commencing on the date the use becomes nonconforming.

(2) The owner of any adult-oriented business which is a nonconforming use may apply for extension of the amortization period, pursuant to section 11-1.64.12 of this Code. Such application shall be made prior to the expiration of the amortization period unless the reviewing authority determines that good cause is shown for late filing of the application.

(3) Upon the conclusion of the amortization period, any adult-oriented business which is a nonconforming use shall cease all business operations and all signs, advertising, and displays relating to said business shall be removed within thirty (30) days.

(Ord. No. 576, § 8, 2-18-97)

Adult-oriented businesses shall only be permitted to be established in the Commercial General (C-G) and Light Manufacturing-Commercial (M-C) zones subject to the location and design standards specified by this Article and the requirement of an adult use planning permit as otherwise provided in this Code.

Notwithstanding the above, nothing in this Article prohibits the location of adult oriented businesses in all C-G and M-C zones, wherein such businesses are located within enclosed buildings, such as buildings with controlled access and/or inner courts, or in frontages not directly viewable from public streets or surrounding sensitive uses as defined in section 11-1.64.16(a). Such businesses are only exempted from the location requirements contained in subsection 11-1.64.16(a) and subsection 11-1.64.16(b).

(Ord. No. 576, § 8, 2-18-97; Ord. No. 581, § 4, 8-18-97)

(a) Locational standards — Sensitive uses. An adult-oriented business shall not be established or located with the following proximity to a sensitive use:

(1) Within two hundred and fifty (250) feet of any lot upon which there is located any residence whether such use is within or outside the incorporated area of the city; or any property located in a residential or agricultural zone, or equivalent zone in any other jurisdiction; and

(2) Within two hundred and fifty (250) feet of any church, chapel, religious institution, or similar place of worship whether such use is within or outside the incorporated area of the city; and

(3) Within three hundred (300) feet of any cemetery, or similar facility;

(4) Within three hundred (300) feet of any school, nursery, or day care center whether such use is within or outside the incorporated area of the city; and,

(5) Within three hundred (300) feet of any park, or playground, or property zoned, planned, or otherwise designated for such use by city or county action or by city or county acceptance of dedications for such use.

(b) Locational standards — Distance between adult-oriented businesses. An adult-oriented business shall not be established or located within six hundred (600) feet of an existing adult-oriented business. If two (2) or more existing adult-oriented businesses are located in closer proximity to each other than six hundred (600) feet, then in determining which of the businesses is or are nonconforming, preference shall be given to the order of the respective lengths of continuous uninterrupted operation of the businesses.

(c) Locational standards — Measurement of distance. For the purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building, or structure in which the adult-oriented business is or will be located to the nearest property line of any land use, land use district, or zone described in subsection (a) above, or to the nearest point of the building or structure or part thereof if less than the entire structure is occupied by or proposed to be occupied by an adult-oriented business in which an existing adult-oriented business described in subsection (b), above, is located.

(d) Design standards.

(1) All building openings, entries, and windows shall be located, covered, or screened to prevent viewing the interior from any exterior area.

(2) No partitions between subdivisions of a room, portion, or part of a building, structure, or premises — including restrooms — may have an aperture, hole, slit, or other opening or gap which is designed or otherwise constructed to encourage, permit, or allow sexual activity between persons on either side of the partition.

(3) Each adult-oriented business shall have a business entrance separate from any other non-adult business located in the same building.

(4) The maximum occupancy load, fire exits, fire lanes, and fire suppression equipment shall be regulated, designed, and provided in accordance with the regulations and standards of the local authority and the city's building department.

(5) Any adult-oriented business in which live entertainment is performed, whether or not such performers are appropriately licensed as required by this Code, shall have such performances only conducted on a stage or on a platform that is raised eighteen (18) inches and which has a rail which does not allow patrons to be any closer to the performers than six (6) feet. Said rail shall be at least forty-two (42) inches in height and shall be installed around the perimeter of the stage or platform.

(6) Any adult-oriented business shall be designed such that an administrator's station is provided for the purpose of supervising activities within the business and such that an administrator in the administrator's station can view the entire interior of the business to which the public is allowed access, excepting restrooms.

(7) Any viewing room or area shall be visible from the administrator's station and such view shall not be obscured or obstructed by any wall, curtain, door, any other structure, or by any display of merchandise.

(8) No private viewing areas as defined herein shall be permitted or shown on any design for an adult-oriented business.

(e) Performance standards. The establishment of an adult-oriented business shall comply with the applicable site development standards—including parking—of the zone, district, or area in which the adult-oriented business is located, the building code, fire code, and the health and safety code of the city. In addition, adult-oriented businesses shall comply with the following performance standards:

(1) At all times, the maintenance and operation of an adult-oriented business shall be in accordance with the design standards set forth in subsection (d) above.

(2) The building entrance to the adult-oriented business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.

(3) A manager shall be on duty on the premises during all times that the adult-oriented business is open to the public.

(4) Any viewing room shall be visible from the manager's station of the adult-oriented business, and visibility of the entire viewing room from the manager's station shall be neither obscured nor obstructed by any curtain, door, wall, or other structure.

(5) All exterior areas of adult-oriented businesses, including buildings, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.

(6) No special events, promotions, concerts, or similar activities which are likely to increase the parking demand at the location of the adult-oriented business shall occur unless the permit-holder has obtained a special events permit from the city as would be required by all other types of businesses within the city.

(7) No adult-oriented business excepting an adult motel, shall operate between the hours of 11:00 p.m. and 10:00 a.m. No owner, operator, manager, employee, or independent contractor of an adult-oriented business, except an adult motel, regardless of whether or not a permit has been issued for said business under the provisions of this Code, shall allow such business to remain open for business, or no owner, operator, manager, or employee of an adult-oriented business shall permit any employee or independent contractor 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 11:00 p.m. and 10:00 a.m.

(8) Off-street parking shall be provided for the adult-oriented business on-site and as specified for the zone, district, or area in which the business is located in accordance with the parking provisions of Lomita Municipal Code and as follows:

a. Adult theater, adult cabaret, adult motion theater, or adult arcade. One parking space shall be provided for every two (2) seats in a viewing room, or one parking space shall be provided for every two (2) occupants per the allowable occupant load as established by the chief building official and/or the fire marshal, whichever standard is greater. In addition, one parking space shall be provided for each employee or independent contractor on the maximum shift.

(9) Any person who operates or causes to be operated an adult-oriented business, other than an adult motel and regardless of whether or not an adult-oriented business license has been issued to said business under this Code, which exhibits on the premises in a viewing room or viewing area of less than one-hundred-fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities' or specified anatomical areas,' shall comply with the following requirements:

a. Upon application for an adult-oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager's station(s) shall not exceed thirty-two (32) square feet of floor area.

b. No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the planning director.

c. It is the duty of the permit holder to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

d. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction equipment. If the premises has two (2) or more manager's stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.

e. It shall be the duty of the permit holder and any employees or independent contractors present on the premises to insure that the view area specified in subsection (d) above remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons shall not be permitted in the application filed pursuant to this Article.

(10) An on-site security program shall be prepared and implemented including the following items:

a. All off-street parking areas and building entries serving the adult-oriented business shall be illuminated during all hours of operation with a lighting system designed to provide an average maintained horizontal illumination of one (1) foot candle of light on the parking surface and/or walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and theft. The lighting shall be shown on the required site or plot plan. The required lighting shall remain on for at least thirty (30) minutes after the closing time of the adult-oriented business to promote safety for employees thereof.

b. All off-street parking areas shall have a security system provided that visually records and retains activities in the parking lot for at least a forty-eight-hour period for the purposes of promoting safety and identifying violators.

c. All interior portions of the adult-oriented business, except those areas devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than two (2) foot candles of light.

d. For adult-oriented businesses which exceed an occupant load of one-hundred twenty-five (125) persons, the provision of on-site security personnel shall be required during all business hours pursuant to a plan to be reviewed and approved for adequacy by the designated head of the law enforcement entity providing law enforcement services to the city. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the designated head of the entity providing law enforcement services to the city.

(11) Adult motion picture theater/adult arcade.

a. A manager's station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture or arcade viewing areas.

b. No adult motion picture theater or adult arcade shall be maintained or operated unless the complete interior of the adult motion picture theater or adult arcade is visible upon entrance to such premises. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained.

c. Maximum number of devices. No person shall operate an adult motion picture theater or adult arcade in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.

(12) Adult hotel/motel.

a. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented or sub-rented and vacated two (2) or more times in a period of time that is less than ten (10) hours within a twenty-four-hour period on a recurring basis creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this Article.

b. A person is in violation of the provisions of this Article if such person rents or sub-rents a sleeping room at a location without an adult-oriented business license and an adult use planning permit to a person or persons and within ten (10) hours thereafter rents or sub-rents the same room to another person(s), or sub-rents the same room to the prior renter.

(13) No advertising sign or structure, advertisement, display, or other promotional material depicting specified anatomical areas' or specified sexual activities' or displaying instruments, devices, or paraphernalia designed for use in connection with `specific sexual activities,' shall be shown or exhibited so as to be visible from any exterior area.

(14) No loudspeaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult-oriented business, and the business shall be so conducted that sounds associated with the business are not emitted into any public exterior area.

(Ord. No. 576, § 8, 2-18-97; Ord. No. 590, § 1, 5-4-98)

For purposes of this section, couch dancing' or straddle dancing' shall be defined as an employee or independent contractor of the adult-oriented business intentionally touching any patron or coming within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area,' or while simulating any specified sexual activity.'

(1) No person shall operate or cause to be operated an adult-oriented business, regardless of whether or not a permit has been issued under this Code, knowingly, or with reason to know, permitting, suffering, or allowing any employee or independent contractor:

a. To engage in a couch dance or straddle dance with a patron at the business;

b. To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business;

c. To intentionally touch any patron at an adult-oriented business while engaged in the display or exposure of an specified anatomical area' or engaged in or simulating a specified sexual activity.'

d. To voluntarily be within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area' or engaged in or simulating a specified sexual activity.'

e. To violate any provision of section 6-4.22.15 of this Code.

(2) No employee or independent contractor of an adult-oriented business, regardless of whether or not a permit has been issued for said business under this Article, shall:

a. Engage in a couch dance or straddle dance with a patron at the business.

b. Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business.

c. Engage in the display or exposure of any specified anatomical area' or engage in or simulate a specified sexual activity' while intentionally touching a patron at the adult-oriented business.

d. Engage in the display or exposure of any specified anatomical area' or engage in or simulate a specified sexual activity' closer than six (6) feet from any patron.

e. Engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 2:00 a.m. and 10:00 a.m.

f. Violate any provision of section 6-1.22.15 of this Code.

(3) No person at any adult-oriented business, regardless of whether or not said business is permitted under this Code, shall intentionally touch an employee or independent contractor who is displaying or exposing any specified anatomical area' or engaging in or simulating a specified sexual activity' at the adult-oriented business.

(4) No person at any adult-oriented business, regardless of whether or not said business is permitted under this Code, shall engage in a couch dance or straddle dance with an employee or independent contractor at the business who is displaying or exposing any specified anatomical area' or engaging in or simulating a specified sexual activity.'

(5) No person at any adult-oriented business, regardless of whether or not a permit has been issued for said business under this Article, shall violate any provision of section 6-1.22.15 of this Code.

(6) No waiter(s) or waitress(es) at an adult-oriented business, regardless of whether or not a permit has been issued for said business under this Article, shall appear on the premises in the nude, semi-nude, or display or expose `specified anatomical areas.'

(Ord. No. 576, § 8, 2-18-97)

The establishment of an adult-oriented business shall include any of the following:

(1) The opening or commencement of operation of any such business as a new business.

(2) The conversion of any existing business, (whether or not an adult-oriented business), to any adult-oriented business.

(3) The addition of any adult-oriented business to any existing adult-oriented businesses if the addition results in enlargement of the place of business. For the purposes of this paragraph, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land.

(Ord. No. 576, § 8, 2-18-97)

The adult use planning permit application fee and appeal of a decision pertaining to an adult use planning permit application and the application fee for an extension of a nonconforming adult-oriented business shall be subject to the payment of a fee as set by resolution of the city council.

(Ord. No. 576, § 8, 2-18-97)