§ 22.150

A.

To promote the health, safety, and general welfare of the residents of the County, this Chapter is intended to regulate adult businesses which, unless closely regulated, have serious secondary effects on the community. These secondary effects include, but are not limited to, the following: depreciation of property values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity, increases in litter, noise, and vandalism and the interference with enjoyment of residential property in the vicinity of such businesses.

B.

It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this Chapter to restrict or deny access by adults to materials of a sexually explicit nature, or to deny access by the distributors or exhibitors of such materials to their intended market.

C.

It is the intent of this Chapter to afford new adult businesses a reasonable opportunity to locate in a relevant real estate market.

D.

Nothing in this Chapter is intended to authorize, legalize or license the establishment, operation or maintenance of any business, building or use which violates any County ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

(Ord. 2019-0004 § 1, 2019.)

Any terms used in this Chapter which are defined in Section 7.92.020 (Definitions) in Title 7 of the County Code shall have the meaning set forth in that Section.

(Ord. 2019-0004 § 1, 2019.)

22.150.030 - Applicability.

A.

This Chapter authorizes adult businesses identified by this Title 22 as subject to the approval of an Adult Business Permit.

B.

Any application filed pursuant to this Chapter:

1.

Is considered to be a ministerial permit application and, as such, is not subject to the time limits specified in Section 65950 et seq. of the California Government Code, or CEQA; and

2.

Shall require a nondiscretionary public hearing before the Commission. The Commission shall approve or deny the application.

(Ord. 2019-0004 § 1, 2019.)

22.150.040 - Application and Review Procedures.

A.

Application Checklist. The application submittal shall contain all of the materials required by the Adult Business Permit Checklist.

B.

Additional Application Materials. In addition to Subsection A, above, the following application materials shall be required:

1.

A narrative description of the proposed use or development including an explanation of how the proposed business will satisfy the applicable requirements of this Chapter.

C.

Multiple Applications. The application shall be in compliance with Section 22.222.060 (Multiple Applications).

D.

Application Filing and Withdrawal. The application shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

E.

Fees and Deposits. The application shall be in compliance with Section 22.222.080 (Fees and Deposits).

F.

Preliminary Application Review.

1.

The Director shall determine whether the application contains all the information required by this Chapter.

a.

If it is determined that the application is not complete, the applicant shall be notified in writing within 20 days of the date of receipt of the application that the application is not complete and the reasons for which that status was determined, including any additional information necessary to render the application complete.

b.

The applicant shall have 30 days to submit additional information requested by the Director to render the application complete. Failure to do so within the 30-day period shall render the application void.

c.

Within 10 days following the receipt of an amended application or supplemental information, the Director shall again determine whether the application is complete in accordance with the procedures set forth in this Subsection F.

d.

Evaluation and notification shall occur as provided above until such time as the application is determined to be complete. The applicant shall be notified within 10 days of the date the application is found to be complete.

2.

When an application has been accepted as complete, the Director shall schedule the application for a nondiscretionary public hearing before the Commission within 60 days from the date on which the application was accepted as complete. The nondiscretionary public hearing shall be in compliance with Sections 22.222.120 (Public Hearing Procedures) and 22.222.110 (Project Evaluation and Staff Report). The

Commission shall approve or deny the application within 90 days from the date on which the application was accepted as complete by the Director.

3.

If the Commission has not acted to approve or deny the application within the prescribed time in Subsection F.2, above, the applicant shall be permitted to begin operating the adult business for which the Adult Business Permit is sought. The applicant shall be permitted to continue to operate that adult business unless and until the Commission acts to deny the Adult Business Permit and provides the applicant with written notification of that action, including the reasons for denial, by mail.

(Ord. 2019-0004 § 1, 2019.)

The following development standards shall apply to adult businesses:

A.

No adult business shall be located in any temporary or portable structure.

B.

Trash dumpsters shall be enclosed by a screened enclosure and shall not be accessible to the public.

C.

No exterior door or window on the premises shall be propped or kept open at any time during business hours, and any exterior windows shall be covered with opaque covering at all times.

D.

Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance or exit to the business.

E.

No landscaping shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.

F.

The entire exterior grounds, including the parking lot, shall be lighted in such a manner that all areas are clearly visible at all times.

G.

Signage shall conform to the standards established for the zone and shall not contain sexually explicit photographs, silhouettes or other sexually explicit pictorial representations.

H.

All entrances to an adult business shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises.

I.

No nonconforming structure shall be converted for use as an adult business.

J.

The adult business shall not conduct or sponsor any activities which create a demand for parking spaces beyond the number of spaces required by this Title 22 for the business.

K.

No adult business shall be operated in any manner that permits the observation of any persons or material depicting, describing or related to specified sexual activities or specified anatomical areas, inside the premises, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any merchandise, display, decoration, sign, show window or other opening.

L.

All exterior areas of the adult business, including buildings, landscaping, and parking areas shall be maintained in a clean and orderly manner at all times.

M.

Any business license required pursuant to Title 7 (Business Licenses) of the County Code shall be kept current at all times.

N.

Each adult business shall conform to all applicable laws and regulations.

O.

The adult business shall not operate or be open between the hours of 2:00 a.m. and 9:00 a.m.

P.

The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that sound generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate space within the same building.

Q.

The adult business will not conduct any massage, acupuncture, tattooing, acupressure or escort services, and will not allow such activities on the premises.

R.

At least one security guard shall be on duty patrolling the premises at all times while the business is open. If the occupancy limit of the premises is greater than 50 persons, an additional security guard shall be on duty. The security guard(s) shall be charged with preventing violations of law, with enforcing compliance by patrons with the requirements of this Chapter and with notifying the Sheriff of any violations of law observed. Security guard(s) required by this Subsection R shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state or local law. No security guard required pursuant to this Subsection R shall act as a doorperson, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder.

S.

The adult business shall not sell or display obscene matter, as that term is defined by Section 311 of the California Penal Code or its successors, and shall not exhibit harmful matter, as that term is defined by Section 313 of the California Penal Code or it successors, to minors.

(Ord. 2019-0004 § 1, 2019.)

22.150.060 - Location Requirements.

A.

Adult businesses shall not be located:

1.

Within 250 feet of:

a.

Any lot upon which there is located any residence whether such use is within or outside the unincorporated area of the County; or

b.

Any property located in a Residential or Agricultural Zone, or equivalent zone in any other jurisdiction; and

2.

Within 500 feet of any church, chapel or other publicly recognized place of worship whether such use is within or outside the unincorporated area of the County; and

3.

Within 500 feet of any public or private school (kindergarten through twelfth grade) or child care center whether such use is within or outside the unincorporated area of the County; and

4.

Within 500 feet of any park owned by a public entity whether such use is within or outside the unincorporated area of the County.

B.

The distances specified in this Section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the premises in which the proposed adult business is to be established to the nearest property line of a use or zoning classification listed above.

(Ord. 2019-0004 § 1, 2019.)

A.

In considering an application pursuant to this Chapter, the Commission shall approve the application if all of the following standards are met:

1.

The adult business is consistent with the location and development standards contained in this Chapter;

2.

The adult business is located in a zone classification which lists adult business as a permitted use;

3.

Except as otherwise specifically provided in this Chapter, the adult business complies with the development features prescribed in this Title 22; and

4.

The adult business has submitted to the Director documentation of successfully completing the process and receipt of the license required under Chapter 7.92 (Adult Businesses) in Title 7 of the County Code. In cases where such documentation is unavailable at the time the Commission takes action on the application, any action by the Commission granting an Adult Business Permit shall be conditioned upon the applicant providing to the Director the documentation required by this Subsection A.4. No Adult Business Permit shall be valid unless and until such documentation has been provided to the Director.

B.

Issuance or denial of the ministerial permit is not subject to administrative appeal.

(Ord. 2022-0008 § 103, 2022; Ord. 2019-0004 § 1, 2019.)

22.150.080 - Existing Adult Businesses.

A.

Any adult business lawfully operating on February 9, 1996, the effective date of this Chapter, in violation hereof shall be deemed a nonconforming use.

B.

Any adult business lawfully operating on February 9, 1996, the effective date of this Chapter which results in a nonconforming status due to the development standards enumerated in Section 22.150.050 (Development Standards) shall cease operation, or otherwise be brought into full compliance with the development standards of this Chapter, not later than November 17, 1996.

C.

Any adult business lawfully operating on February 9, 1996, the effective date of this Chapter, which becomes nonconforming due to either the location standards enumerated in Section 22.150.060 (Location Requirements) or the permitted zone classes enumerated in Division 3 (Zones) shall cease operation, or otherwise be brought into full compliance with the location standards, not later than 20 years following February 9, 1996, the effective date of this Chapter.

D.

An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a residence, or a Residential or Agricultural Zone, within 250 feet of the adult business, or the subsequent location of a church, chapel or other publicly recognized place of worship, public park, public or private school or child care center, within 500 feet of the adult business, if the adult business is continuous, which means that interruptions in use cannot exceed six months.

(Ord. 2019-0004 § 1, 2019.)

An application for review of the termination schedules for a nonconforming adult business prescribed in Section 22.150.080 (Existing Adult Businesses) may be approved by the Commission generally following the procedures set out in Section 22.172.060 (Review of Amortization Schedule or Substitution of Use). In considering an application for review of the termination schedules for an adult business, which is nonconforming due to either the location or development standards, the Commission shall use the following criteria in making a determination, instead of the criteria prescribed at Section 22.172.060.C.2 (Findings):

A.

The owner's financial investment in the business prior to February 9, 1996, the effective date of this Chapter;

B.

The present actual and depreciated value of the business improvements;

C.

The applicable federal tax depreciation schedules for such improvements;

D.

The remaining useful life of the business improvements;

E.

The extent to which the business fails to comply with all applicable requirements of this Chapter;

F.

The extent, if any, to which the business has been brought into compliance with any of the applicable requirements of this Chapter since February 9, 1996, the effective date of this Chapter, and with which such business previously failed to conform, including the cost incurred for any such improvements;

G.

The remaining term of any lease or rental agreement under which the business is operating;

H.

Whether the business can be brought into conformance with all applicable requirements of this Chapter without requiring to be relocated, and the cost of complying with such requirements;

I.

Whether the business must be discontinued at the present location in order to comply with the requirements of this Chapter and, if such relocation is required:

1.

The availability of relocation sites, and

2.

The cost of such relocation;

J.

The ability of the owner to change the business to a conforming use.

(Ord. 2019-0004 § 1, 2019.)

If the provisions of this Chapter conflict or contravene the provisions of another Chapter of this Title 22, the provisions of this Chapter shall prevail as to all matters and questions arising out of the subject matter of this Chapter.

(Ord. 2019-0004 § 1, 2019.)

In addition to the grounds for modifications and revocations prescribed in Chapter 22.238 (Modifications and Revocations), and after a hearing as provided Section 22.238.070 (Public Hearing and Action), the Commission may modify or revoke an Adult Business Permit or adult business nonconforming use if it finds that one or more of the following conditions exist:

A.

The building, structure, equipment or location of such business does not comply with or fails to meet any of the health, zoning, fire and safety requirements or standards of any of the laws of the State of California or ordinances of the County applicable to such business operation;

B.

The business owner, its employee, agent or manager has been convicted in a court of competent jurisdiction of:

1.

Any violation of any statute, or any other ordinance, arising from any act performed in the exercise of any rights granted by the Adult Business Permit, the revocation of which is under consideration, or

2.

Any offense involving the maintenance of a nuisance caused by any act performed in the exercise of any rights granted by the Adult Business Permit, the revocation of which is under consideration;

C.

The business owner, its employee, agent or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with the Commission.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.152 - ANIMAL PERMITS