Chapter 11

SPECIFIC USE DEVELOPMENT STANDARDS

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Specific Use Development Standards

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CHAPTER 11 17.11.10 PURPOSE AND INTENT it is the purpose and intent of this Chapter to identify land uses and activities which possess the potential fo cause deleterious effects to the community in which they are located, and to subject such uses to specific regulations with the intent of minimizing, to the extent practical, these deleterious effects. Further, itis intended that in the zone districts in which these land uses are permitted, they are conducted in a manner which is consistent with the protection of the public health, safety, and welfare in accordance with the goals, policies, objectives and implementation programs contained in the General Plan. It is further determined that it is in the interest of public health, safety and welfare of the citizens of the City to protect minors from viewing publicly displayed harmful matter and that, pursuant to Penal Code Section 313.1(d) and (e), the City is authorized to adopt ordinances which restrict the display of harmful matter to minors py the use of blinder racks. It has also been found that there exists an increasing trend toward the display of harmful matter, within the meaning of Penal Code Section 313, at grocery stores, convenience stores, video stores, and other retail outlets, as well as from newsracks, and that restriction of public display of such harmful matter will keep the adverse impacts of such harmful matter upon minors to a minimum.

47.11.20 APPLICABILITY The provisions of this chapter shalt apply to the activities and land uses specified by this section in addition to any standards and regulations established by this Title which may also be applicable to these specified land uses oF activities.

17.11.30 ADULT ENTERTAINMENT 1. Applicability. It is the intent of this Chapter to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of Adult-Oriented Businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that the concentration of Adult-Oriented Businesses causes an increase in the number of transients in the area, and an increase in the crime, and in addition the effects described above can cause other businesses and residents to move elsewhere. Itis, therefore, the purpose of this Title to establish reasonable and uniform regulations to prevent the concentration of Adult-Oriented Businesses or their close proximity to incompatible uses, while permitting the location of AdultOriented Businesses in certain areas.

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2. Findings of the City Council. a. The City Council, in adopting this ordinance, takes legislative notice of the existence and content of the following studies concerning the adverse secondary side effects of Adult-Oriented Businesses in other cities: American Center for Law and Justice (1996), New York, New York (1 994); State of New Jersey (1994), Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1 977),

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limited to: Young v. American Mini Theaters. Inc. 427 U.S. 50 (1976) (Reh. Denied 475 U.S. 1132); EWIPBS. Inc. v. Dallas. 493 U.S. 215 (1990); Barnes v. Glenn Theater. 501 U.S. 560 (1991); United States Court of Appeals 9th Circuit decisions, including but not limited to: Topanga Press. et a. v. City of Los Angeles. 989 F.2d 1524 (1993): several California cases including but not limited to: City of National City v. Wiener. 3 Cal.4th 832 (1993); People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); and City of Vallejo v, Adult Books etal.. 167 Cal.App.3d 4 469 (1985); and other federal cases including Lakeland Lounge v. City of Jacksonville (5th Cir. 4992) 973 F.2d 1255, Hang On, Inc. v. Arlington (5th Cir. 1995) 65 F.3d 1248, Mitchell y. Commission on Adult Entertainment_(3d_ Cir. 4993) 10 F.3d 123, International Eateries v. Broward County (11th Cir. 1991) 941 F.2d 1157, and Star v. Satellite v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074.

p.3d 4 469 (1985); and other federal cases including Lakeland Lounge v. City of Jacksonville (5th Cir. 4992) 973 F.2d 1255, Hang On, Inc. v. Arlington (5th Cir. 1995) 65 F.3d 1248, Mitchell y. Commission on Adult Entertainment_(3d_ Cir. 4993) 10 F.3d 123, International Eateries v. Broward County (11th Cir. 1991) 941 F.2d 1157, and Star v. Satellite v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074.

• e. The City Council also finds that locational criteria alone do not adequately protect the health, safety and general welfare of the citizens of the City, and thus certain requirements with respect to the ownership and operation of Adult-Oriented Businesses are in the public interest. In addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located, the City Council also takes legislative notice of the facts recited in the case of Kv, Inc. v. Kitsav County, 793 F.2d 4053 (1986), regarding how live adult entertainment results in secondary effects such as prostitution, drug dealing, and other law enforcement problems.

• f. The City Council finds the following, in part based upon its understanding of the documents and judicial decision in the public record: (1) Evidence indicates that some dancers, models and entertainers and other persons who publicly perform specified sexual activities or publicly display specified anatomical parts in Adult-Oriented

• , Businesses (collectively referred to as ‘performers’) have been found to engage in sexual activities with patrons of Adult-Oriented Businesses on the site of the Adult-Oriented Business,

• (2) Evidence has demonstrated that performers employed buy AdultOriented Businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows,

• (3) Evidence indicates that performers at Adult-Oriented Businesses have been found to engage in acts of prostitution with patrons of the establishment,

• (4) | Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from publicof the areasestablishment regularly, have been found to be used as a location for engaging in unlawful sexual activity;

• (5) Asa result of the above, and the increase in incidents of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City has a substantial interest in adopting regulations which will reduce, to the greatest extent possible, the possibility of the occurrence of prostitution and casual sex acts at Adult-Oriented Businesses.

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• does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prohibit public nudity due to the secondary impacts associated with such public nudity; and

• m. The City Council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by a prohibition on public nudity; and

• n. While the City Council desires to protect the rights conferred by the United

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• States Constitution to Adult-Oriented Businesses, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies have shown to be associated with the development operation of Adult-Oriented Businesses, and

• QO. In enacting a nudity limitation, the City declares that the limitation is a regulatory licensing provision and not a criminal offense. The City has not provided a criminal penalty for a violation of the nudity limitation. The City adopts such a limitation only as a condition of issuance and maintenance of an Adult-Oriented Business permit issued pursuant to the City Code; and

• p. The City Council finds that preventing the exchange of money between entertainers and patrons also reduces the likelihood of drug and sex transactions occurring in Adult-Oriented Businesses, and

• q. Requiring separations between entertainers and patrons reduces the likelinood that such persons will negotiate narcotics sales and/or transact sexual favors within the Adult-Oriented Business, and

• Tr. Enclosed or concealed booths and dimly lit areas within Adult Oriented Businesses greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of

• ; disease. Requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided are necessary in order to reduce the opportunity for, and therefore the incidence of illegal conduct within Adulf-Oriented Businesses, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel.

• 3. Establishment of an Adult-Oriented Business, as used herein, shall mean and include 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 defined herein;

• Cc. The addition of any of the Adult-Oriented Businesses defined herein to any other existing Adult-Oriented business, or

• d. The relocation of any such Adult-Oriented Business.

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3. Adult Cabaret. The term "adult cabaret” as used in this chapter means a nightclub, bar, restaurant, or similar business establishment which (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear semi-nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slide, or other photographic reproduction twenty-five percent (25%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

4, Adult Hotel or Motel. The term "adult hotel or motel” as used in this chapter, means a hotel or motel or similar business establishment offering

public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Theater. The term "adult motion picture theater" as used in this chapter, is a business establishment where, for any formconsideration,of films,. computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and twenty-five percent (25%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

6. Adult Newstands. The term “adult newsstands” as used in the chapter, shail mean the following: a. Any coin-operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas,

b. Any shelf, countertop, oF rack, indoor or outdoor, used for displaying for sale, rental, or other use to the public, magazines, newspapers, video cassettes, oF other periodicals substantially devoted to the depiction of specified sexual activities or specified anatomical areas where twentyfive percent (25%) of the area is devoted to said uses in nonadult businesses. This does not apply to interior display fixtures in approved adult entertainment businesses.

7. Adult Theater. The term “adult theater" as used in this chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an

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43. Semi-Nude. The term “semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps of devices.

44. General Provisions Adult oriented businesses may be permitted in compliance with the provisions of . this Chapter where the Land Use Designation of the General Plan for the subject property is “Industrial” and where the zone district in which the subject property is located is “Industrial” subject to the limitations and design standards specified within said zone districts in accordance with the provisions of this Chapter.

6, Development Standards

a. Minimum Proximity Requirements The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property upon which the proposed land use is to be located to the nearest point of the property from which the proposed land use is to be separated. b. Adult-oriented businesses shall not be established or conducted within:

• (1) 4,000 feet of any residential use;

• (2) 1,000 feet of any funeral parlor, mortuary, OF similar facility;

• (3) 1,000 feet of a public or private school for minors,

• (4) 1,000 feet of a licensed day care facility for minors;

• (5) 4,000 feet of a church, synagogue or other place of worship; (6) 4,000 feet from any other adult entertainment business; and

• (7) 4,000 feet of any publicly used facility, such as parks, libraries, any civic buildings, however, this subsection shall not apply to such uses as public utility facilities such as the Maricopa Airport, utility plants, and similar uses.

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c. Exterior Display No adult entertainment business shail be operated in a way that permits observation of material depicting or describing “Specified Anatomical Areas" or "Specified Sexual Activities," as defined in this Title, from any location outside of the building in which an adult entertainment business is operating. , d. Advertising structures, advertisements, displays or other promotional material depicting "specified anatomical areas” oF "specified sexual activities" or displaying instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be visible from the outside ofa building. Further, no building shail be painted in

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• e. Exclusion of Minors: Access to any adult entertainment business by a minor shall be prohibited. A sign shall be posted on ail entrances restricting

• • inclusion or entrance of minors. No minors shall be employed by any adult entertainment business nor permitted entrance into the premises.

• f. Minimum Lighting; No person shall operate an adult entertainment business, excluding Adult Motion Picture Theaters, unless a light level of not less than two (2) foot candles at floor level is maintained in every portion of said establishment to which the public is admitted.

• g. Maximum Occupancy Load: No person shall operate an adult entertainment business in which the number of persons in any room or partitioned portion of a room where an image-producing device is located exceeds one (1) person per thirty (30) square feet. The maximum occupancy permitted in any room or partitioned portion of a room in which any image-producing device is located shall be conspicuously posted by the operator and shall remain posted at the entrance of said room.

  • h. Maximum Number of Devices: No person shall operate an adult entertainment business in which the number of image-producing devices exceeds the maximum occupancy joad permitted in any room or partitioned portion of a room in which an image-producing device is located.

  • i. Free Access to Law Enforcement, Fire, Health and Safety Personnel, City inspectors: No person shall deny accessto an adult entertainment business for the purpose of a reasonable inspection to enforce compliance with building, fire, electrical, health or plumbing regulations or California State Law.

  • j. Other Remedies: The provisions of subsection "j" are to be construed as added remedies not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law.

9. Nonconforming Establishments a. Any adult entertainment business established and conducted as a lawful business and a lawful use at the time this Title became effective, has been in continuous operation since that time, and is not in conformance with the requirements of this title shall be recognized as a legal non-conforming use.

b. Any non-conforming adult entertainment use shall not be enlarged or changed by any of the following means, unless such a change will bring the business into full compliance with the requirements of this section. (1) increase in the size of the floor area or use area of a building or portion of a building in which the business is located,

(2) Use of an adjacent building in whole or part, whether on the same lot or an adjacent lot.

(3) Conversion of an existing adult entertainment business to any othet adult entertainment business, and

(4) Addition of another adult entertainment business to an existing adult entertainment business.

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  - accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience ofa party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure section 1094.6. 

  - d. Approval of Extension, Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law.

• (1) The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use, and such investment was made prior to the effective date of this Section 17.11.30 of this chapter.

  • (2) The applicant will be unable to recoup said investment as of the date established for termination of the use; and

  • (3) The applicant has made good faith efforts to recoup the investmentand to relocate the use to a location in conformance with the provisions of this chapter.

  • 42. Regulations Non-Exclusive a. Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or Statute of the State of California regarding public nuisance, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof.

  • b. The regulations set forth in this section are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of adult entertainment establishments set forth elsewhere in applicable ordinances.

  13. Display of harmful material to minors prohibited.

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• a. it shall be unlawful to display, cause to be displayed, or permit to be displayed for commercial purposes any harmful matter in any public place except for a public place from which minors are excluded.

• b, Harmful matter is not considered to be displayed if it is located in an area that places such material reasonably beyond the reach of a minor and a device, commonly known as a blinder rack, is placed in front of such harmful matter.

• c. Any person who sells or rents video recordings containing harmful matter shail comply with Penal Code Section 313.1. (e) requires the creation of a separate area within a business establishment for the placement of such video recordings for displaymaterialofadvertising any the sale or rental of such video recordings. Additionally, any harmful matter, placed or displayed in that separate area, must be obscured by a blinder rack if the harmful matter can be viewed by persons outside that area.

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• b. Abona fide restaurant. c. A special event function; such as neighborhood or community festivals, provided all of the following criteria are met:

  • (1) The person, group, business, or organization sponsoring the event secures all applicable permits from the City; and

• (2) The person, group, business, or organization sponsoring the event obtains a temporary on-sale license from the State of California Department of Alcoholic Beverage Control for each of the dates the event will be held; and

• (3) The duration of the event does not exceed three (3) consecutive days or five (5) days in any single calendar year.

• 3. Standard Conditions for conditional use permit approval for alcohol-related land uses. a. The applicant shall furnish the City a copy of the ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control! prior to public hearing on any application for a conditional use permit.

• b. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control.

• c. Theconditional use permit shall not become effective for any purpose unless an “Acceptance of Conditions" form has been signed by the applicant in the presence of the Planning Director, or notarized and returned to the Planning Department.

• d. Amodification ofan approved conditional use permit, as provided in this Title, shall be obtained when:

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• (1) The establishment proposes to change its type of liquor license. (2) The establishment proposes to modify any of its current conditions of approval.

• (3) Thereisa substantial change in the mode or character of operations of the establishment.

• e. Exterior lighting in the parking area shall be designed to provide adequate lighting for patrons, while not unreasonably disturbing surrounding properties. plan,A lightingsubject fo review and approval by the Planning Director, shall be implemented prior to sale of any alcoholic beverage.

• f. Inthe event City staff determines that security problems exist on the site, the conditions of this permit may be amended, under the provisions of this Title, to require additional security.

• g. The establishment shall have a public telephone listing.

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• c. The establishment shall comply with the provision of Section 17.10.180 (Noise Hazards) of this chapter.

• d. In addition to the knowledge and skills deemed necessary for responsible alcoholic beverage services, as set forth in this Chapter, the following additional topics and skills shall be required: (1) Methods to appropriately pace customer drinking to reduce the risk that a customer may leave the premises in an intoxicated manner.

• (2) Knowledge of mixology, including marketable alternatives to alcoholic beverages.

• 5. Additional standard conditions of approval for alcohol related land uses for on-site sales in outdoor dining areas.

• a. Whenever an outdoor dining area is being utilized for the sale, service of consumption of alcoholic beverages, an employee shall be in attendance and maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals.

• b. Alt alcoholic beverages served in an outdoor dining area must be served in glass containers.

• c. Alloutdoor dining areas shall be surrounded by an enclosure of a design and height satisfactory to the City Council.

• d. Any canopy constructed over an outdoor dining area shall comply with all requirements of the Building and Fire Departments.

• 6. _ Additional standard conditions of approval for alcohol-related land uses for off-site sales. ; The sale of alcoholic beverages for consumption on the premises shall be prohibited and there shall be appropriate posting of signs both inside and outside the licensed premises stating that drinking of alcoholic beverages on the premises is prohibited by law. These premises shall include the licensed premises proper, appurtenant and required parking areas, and appurtenant common areas if located in a commercial center.
• 7. Depending upon the complexity of the issue under consideration by the City Council, additional conditions of approval may be added to the above listing of items in order to fully ensure that the proposed issuance of a land use approval for

• , an alcohol-related use Is fully compatible with the surrounding neighborhood and that all adverse environmental impacts are mitigated to the fullest extent possible.

47.11.60

KENNELS (COMMERCIAL AND NONCOMMERCIAL)

4. Intent This section is intended to ensure that the operation and maintenance of

. commercial and noncommercial kennels, consistent with Title 6, Chapters 17.6.04

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• a. This section applies to every antenna and satellite dish installed or modified on or after the effective date of this Title.

• b. Except as otherwise provided for in this section, no antenna or satellite dish shall be installed or modified prior to approval by the Planning Director, including an antenna or satellite dish proposed as an accessory structure to an existing use for which a conditional use permit was required.

3. Development Standards

a. Residential Districts Every satellite dish installed, modified, and maintained in a residential zone district shall be in accordance with the provisions of this section.

(1) Only one (1) per parcel is permitted.

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• (2) The diameter of the dish shall not exceed five (5) feet.

• (3) The dish shall not be located in the front yard of the parcel.

• (4) The dish shall comply with all height and setback requirements specified for accessory structures within the applicable district.

• (5) Dishes less than three (3) feet in diameter may be roof mounted, providedbelow the that peak the top of of the roofthe line dish in is such mounted a manner on the as fo rear be of screened the building, from view from a public street, and is no greater than twenty-three (23) feetin total height. Dishes with a diameter of three (3) feet or greater shall be ground-mounted and shall be no greater than eight (8) feet in height.

• (6) The dish shall be finished in a color to neutralize and biend it with the immediate surroundings.

• (7) The dish shall be screened and landscaped along all sides when visible from the street except the reception window for which low-level landscape treatment shall be applied along the dish's base. Such treatments shall completely enclose the dish.

• (8) The installation shail be so located to prevent obstruction of the dish's reception window from potential development on adjoining parcels of land.

• (9) A building permit shail be obtained. (10) The display of signs or other graphics ona satellite dish is prohibited.

b. Non-Residential Districts Every satellite dish installed, modified and/or maintained in a non-residential zone district shall be in accordance with the provisions of this section. (1) Only one (1) dish greater. than five (5) feet in diameter per parcel may be permitted.

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design and development guidelines outlined in Tier 2, Section 17.11.85.1.a (2) require a CUP and require review and approval by the City Council at a noticed public hearing.

4. TIER 1 — Planning Director review: The Planning Director shall approve Facilities only upon the following findings:

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  - a. Antennae are located in a commercial or industrial zone. b. Building or roof mounted antennae do not exceed fifteen (15) feet in height and is architecturally screened from view. 

  - c. Antennae are in stealth design in connection with a building or structure so as not 

  - to be readily recognized as an antenna. 

  - d. Support equipment is located within a completely enclosed structure or otherwise 

  - screened from view. 

  - e, Antennae meet ail development standards within the applicable zone as required 

  - by this Title. 

  - f. Antennae will be, if reasonably possible, co-located with an existing site in an industrial or commercial zone. 

2. TIER 2 — City Council Review: Facilities which cannot be approved by the Planning Director, in accordance with the Tier 1 criteria, are subject to CUP procedures, as outlined in Section 17.2.50 of this Title. The following are also subject to a CUP.

   • a. Ground mounted antennae.

   • b. Facilities which do not comply with all development standards within the applicable zone require a variance. The variance request must meet the applicable findings outlined in Section 17.2.60 of this Title.

• c. Proposed Facilities that create more than a minimal visual impact on

• . surroundings, as determined by the Planning Director. In determining where more than a minimal visual impact exists, the following factors should be considered: location of Facility, size, view of Facility from adjacent properties, and contrast between the Facility and other external structural equipment attached to the property.

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• d. Facilities located adjacent to a residential zone (R-A, R-1, R-2, R-3), provided that the property has multiple family grouped units and the Facility is: (4) stealth design, (2) building or roof mounted and integrated into the architecture of the building, or (3) co-located.

• e. Facilities located within the line of sight of any scenic corridor.

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• reviewed for all applicable zoning codes and standards. The following are intended to provide high quality guidelines to ensure compatibility with the community for the placement of Facilities. a, Support structures shall be screened from view by siting them next to tall buildings or structures, Or placed near existing tall trees. Where applicable, the support structures are to be screened from public view with dense landscaping.

• b. Facilities must meet all applicable zoning setback and height regulations of the underlying zone district. All proposed Facilities that exceed the maximum height established by the underlying zone district are subject to FAA approval.

• c. Facilities may be designed as or within a piece of public art such as a clock tower or historical monument for public benefit.

• d. The height of the support structures must be the minimum necessary to provide the required coverage. However, an antenna or its support structure shall not exceed the height in any zone as prescribed by the zoning code.

• e. Safety lighting or colors, if prescribed by the City or other approving agency (i.e. FAA), may be required for support structures.

• f. | Support structures shall be either galvanized steel or painted an unobtrusive color to neutralize and blend with surroundings. Where an equipment building accompanies the support structure, it shall be designed, colored and textured to match adjacent architecture or blend in with surrounding development.

• g. Proposed Facilities shall not create any non-conforming situations to the site such as a reduction in parking, landscaping, loading zones, and/or

• elimination of loading zones. Facilities are to be installed and maintained in compliance with the requirements of the Uniform Building Code, Uniform Electrical Code, Noise Standards and all other applicable code.

• h. The City Council may condition approval of Facilities on a five (5) year term or other review process.

• i. | Whip and microwave dish antennae are permitted only if integrated into the design of the structure and/or fully screened from public view.

• j. All utilities associated with Facilities shall be placed underground. k. Chain link fencing is not permitted for containment of Facilities, unless such fencing is located in the rear portion of property not visible from a public rightof-way and is installed with tennis screen material on all facades of the fence.

• |. | Temporary monopoles, if associated with an approved Facilities application, may be permitted, if justified to the satisfaction of the Planning Director, fora period of up to three (3) months, provided that screening is installed to .

• prevent view of the monopole and related facilities from any and all public rights-of-way.

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• f. Adult Supervision

  • (1) Anemployed adult supervisor shall be able to readily observe all video machines and all areas of business.

• (2) The adult supervisor shail be present at all times during hours of operation, and, if the number of video machines exceeds forty (40), there shall be two (2) adult supervisors present at all times during hours of operation.

• g. Noise No sound created by any arcade, or its patrons, shail be detectable from the exterior of the arcade or from adjacent uses.

• h. — Litter

The premises shall be continuously maintained in a safe, clean, and orderly condition.