Chapter 24.492 — ADULT-ORIENTED BUSINESS REGULATIONS

Sections:

• 24.492.010 Intent and Purpose.

• 24.492.020 Chapter Description.

• 24.492.030 Definitions.

• 24.492.040 Industrial Zones Only.

• 24.492.050 Locational Criteria.

• 24.492.060 Supplemental Application Required.

• 24.492.070 Supplemental Application Requirements.

• 24.492.080 Adult-Oriented Business Standards.

• 24.492.090 Time Frame for Review and Consideration of the Supplemental Application by the Director.

• 24.492.100 Time Frame for Review of Building Permits.

• 24.492.110 Time Frame for Review of Business Licenses. 24.492.120 Existing Adult-Oriented Business.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 377 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

*** Cross reference:** Business regulations, div. 6.

The city council of the City of San Buenaventura finds, having reviewed land use studies concerning the secondary effects of adult-oriented businesses in other cities including, but not limited to: Garden Grove, California (1991); Phoenix, Arizona (1986); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City, Oklahoma (1986); Beaumont, Texas (1982); Tucson, Arizona (1990); Oxnard, California (1992) and Whittier, California (1987), that the secondary effects of adult-oriented businesses include, among other things, an increase in crime, a decrease in property values and retail trade, unlawful sexual activities including prostitution and pandering, exposing minors to harmful materials, possession and distribution of obscene materials, child pornography, possession and sale of controlled substances, and violent crimes against persons and property.

Because adult-oriented businesses, by their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas, the city council of the City of San Buenaventura enacts this chapter to ensure that these adverse effects will not negatively impact the community’s quality of life by, among other things, creating nuisances among adjacent land uses, contributing to increased crime rates, interfering with the actions of religious and other nonprofit organizations in sponsoring organized activities for the city’s youth, contributing to the blighting or downgrading of the surrounding neighborhoods, or exacerbating any existing blighted conditions within any area of the city, including, without limitation, the Downtown Redevelopment Project Area.

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

It is further the intent of the city council of the City of San Buenaventura that adult-oriented businesses shall exhibit the same high standards of site planning, architecture, landscape, and exterior design required of all commercial or industrial developments, while minimizing general public view of sexually explicit adult-oriented materials or activities, particularly as such materials or activities might cause harm or offense to “captive viewers” of such materials or activities (i.e.), passers-by or other visitors to the area who, although not customers of an adult-oriented business, would have no choice but be exposed to such materials or activities. (Code 1971, § 15.692.010)

Chapter 24.492 establishes regulations governing the establishment and operation of adult-oriented businesses as defined in this chapter. This chapter provides for the regulation of adult businesses by allowing the concentration

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 378 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

of adult-oriented businesses only in certain areas of the city in order to, among other things, minimize deleterious effects on adjoining properties zoned for residential uses and other sensitive uses and otherwise further the purpose and intent set forth in section 24.492.010. (Code 1971, § 15.692.020)

Words and phrases used in this chapter shall be defined as follows:

1. For purposes of this chapter, “adult-oriented business” means an adult arcade, an adult bookstore, an adult cabaret, an adult drive-in theater, an adult hotel or motel, an adult live entertainment theater, an adult mini movie theater, an adult model studio, an adult movie theater, an adult retail store, an adult theater, an escort agency, or a sexual encounter center, as such businesses are defined in this subsection 1:

Adult arcade means a picture arcade as defined in section 10.500.020 of the San Buenaventura Municipal Code, and any similar establishment which, as a regular and substantial course of conduct, provides live performances, or shows or provides still or motion pictures or videos, that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

Adult bookstore means any commercial establishment which maintains an inventory of books, magazines or other periodicals, photographs, drawings, motion pictures, films, or video tape whether contained on an open reel or in cassette form or other visual representations, available to members of the public where 25 percent or more of that inventory consists of books, magazines, photographs, drawings, motion pictures, films or other visual representations which describe or depict specified sexual activities or specified anatomical areas.

Adult cabaret means a nightclub, bar, theater, restaurant or other establishment which features live performances by topless and/or bottomless dancers, “go-go” dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

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

Adult hotel or motel means a hotel or motel that rents rooms for a period of ten hours or less.

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

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 379 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

Adult mini movie theater means any commercial establishment that has a capacity of less than 50 persons, other than a hotel or motel, and which, as a regular and substantial course of conduct, shows motion pictures or videos which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. This includes, without limitation, showing any such motion pictures or videos by means of any video tape system which displays on a viewer, screen, or television set.

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

Adult movie theater means any commercial establishment that has a capacity of 50 or more persons, other than a hotel or motel, and which, as a regular and substantial course of conduct, shows motion pictures or videos which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. This includes, without limitation, showing any such motion pictures or videos by means of any video tape system which displays on a viewer, screen, or television set.

Adult retail store means any commercial establishment with ten percent or more of its stock in trade consisting of paraphernalia, devices, or equipment distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

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

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

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

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

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

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 380 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

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

2. For purposes of this chapter, “specified sexual activities” shall include the following:

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

• b. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

• c. Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;

• d. Fondling or touching of nude human genitals, pubic region, buttocks or female breast;

• e. Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

• f. Erotic or lewd touching, fondling or other contact with an animal by a human being; or

• g. Human excretion, urination, menstruation, vaginal or anal irrigation.

3. For purposes of this chapter, “specified anatomical areas” shall include the following:

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

   • b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Code 1971, § 15.692.030)

Adult-oriented businesses may be established, subject to all other provisions of this chapter and this title, only in M-1 or M-2 zones. For purposes of this chapter, the “establishment” of any adult-oriented business shall include the locating and opening of such a business as a new business, the relocation of such business, the conversion of an existing business location to any adult-oriented business use, or the expansion or intensification of an existing adult-oriented business use. (Code 1971, § 15.692.040)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 381 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

A. In the M-1 or M-2 zones, where the adult-oriented businesses regulated by this chapter would otherwise be permitted, no adult-oriented business may be established:

1. Within 500 feet of any residential zone or residential use; or

2. Within 500 feet of a church, synagogue, mosque, or temple, or any other noncommercial establishment operated by a bona fide religious organization used primarily for religious worship and related activities, Community Meeting use type, boys club, girls club, or similar youth organization or any establishment likely to be frequented or used by minors;

3. Within 500 feet of any public or private school, educational facility, vocational school, college, schoolgrounds, park, playground, preschool, nursery, day-care center or other place frequented by children;

4. Within the boundaries of any Redevelopment Project Area; or

5. Within 200 feet of another adult-oriented business.

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

C. For purposes of this chapter, all distances between a proposed adult-oriented business and any other adultoriented business shall be measured as follows:

1. If the proposed adult business and one or more other adult businesses are in separate buildings not connected by a common wall, regardless of whether the adult businesses are on the same or different lots, the distance between them shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as a part of the premises where one adultoriented business is conducted to the nearest point of any building or structure used by any other adultoriented business;

2. If the proposed adult business and one or more other adult businesses are in the same building, or buildings connected by a common wall, the distance between them shall be measured in a straight line, without regard to intervening structures or objects from the nearest point of any portion of indoor floor area used by one adult-oriented business to the nearest point of that portion of indoor floor area used by any other adult-oriented business.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 382 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

D. Notwithstanding any provision of this title to the contrary, none of the locational criteria set forth in this section may be waived, reduced, or modified in any manner by the variance procedures set forth in chapter 24.535. (Code 1971, § 15.692.050)

Notwithstanding any other provision of this title to the contrary, no adult-oriented business may be established, initiated, expanded, or relocated unless a supplemental application meeting the requirements of section 24.492.070 is first submitted to the director for review. The director shall review the supplemental application to determine whether the adult-oriented business, as proposed, conforms to the requirements and standards of this chapter and this title. (Code 1971, § 15.692.060)

The completed application shall contain the following information and be accompanied by the following:

1. A description of the type of adult-oriented business for which the permit is applied and the proposed address where the adult-oriented business will operate.

2. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

3. A certificate and straight-line drawing prepared within 30 days prior to application by a California registered land surveyor, depicting the building and the portion thereof to be occupied by an adult-oriented business, and: (1) the property lines of any church, synagogue, mosque, or temple, or any other noncommercial establishment operated by a bona fide religious organization, Community Meeting use type, boys club, girls club, or similar existing youth organization, public or private school, educational facility, vocational school, college, park, playground, preschool, nursery, day-care center, residential zone, or residential lot within 500 feet of the closest exterior wall of such building or use; (2) the boundary lines of any portion of the Redevelopment Project Area within 500 feet of the closest exterior wall of the building occupied or used by the adult-oriented business use; and (3) any buildings or other structures within 200 feet of the closest exterior wall of the building occupied or used by the proposed adult-oriented business use that are used or occupied by any other adult-oriented business at the time of application.

4. If the proposed adult-oriented business use is to be conducted in a multi-tenant building or a building having a common wall with another building, floor plans indicating all portions of indoor floor area in the same or another building used at the time of application by any other adult-oriented business within 200 feet of the nearest point of any portion of indoor floor area used by the proposed adult-oriented business.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 383 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

5. A diagram of the off-street parking areas and premises’ entries of the adult-oriented business, showing the location of the lighting system. (Code 1971, § 15.692.070)

The minimum lot area, minimum lot width, minimum yard requirements, and minimum off-street parking and loading requirements shall be the same as those required under the M-1 or M-2 zoning district regulations, as applicable. The permitted accessory uses and structures, maximum lot coverage by all buildings, and maximum height of structures shall be the same as those allowed under the M-1 or M-2 zoning district regulations, as applicable. Prohibited uses and structures shall be those prohibited under the M-1 or M-2 zoning district regulations, as applicable. Sign allowances and regulations shall be those relating to the M-1 or M-2 zones, as applicable, as set forth in chapter 24.420.

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

1. The locational criteria set forth in section 24.492.050.

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

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

4. Exterior development shall meet all other development, design and landscape design requirements of the M-1 and M-2 Industrial zones.

5. An adult-oriented business may not allow:

   • a. Admittance of a person under 18 years of age to the business premises unless accompanied by a parent or guardian; or

b. A person under 18 years of age to remain at the business premises unless accompanied by a parent or guardian; or

c. A person under 18 years of age to purchase goods or services at the business premises without the specific consent of a parent or guardian; or

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 384 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

• d. A person who is under 18 years of age to work at the business premises as an employee;

6. In any “adult arcades,” “adult mini theaters,” or “adult movie theaters,” the entire interior of the premises where the pictures are to be viewed shall be visible upon entrance to such premises; in addition, no viewing booths or areas shall be partially or fully enclosed or concealed.

7. The owner, operator, or manager of an adult-oriented business shall not, between the hours of 2:00 a.m. and 6:00 a.m. of any particular day:

   • a. Remain open for business; or

   • b. Engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service; or

   • c. Permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service.

8. The adult-oriented business shall be established, maintained, and operated in a manner that complies with all other applicable provisions of law. (Code 1971, § 15.692.080)

A. The director shall review the supplemental application for an adult-oriented business and determine whether the proposed adult-oriented business use conforms to the standards and requirements of this chapter within 30 days of the date the supplemental application is determined to be complete for filing;

B. The time frame in subsection A of this section may be extended by mutual consent of the applicant and the director. However, the applicant may not be required to waive the time frame in subsection A of this section as a condition of accepting or processing the supplemental application;

C. It is the intention of the city council that, in any instance where the establishment of the adult-oriented business also requires any permit or other approval pursuant to this Code, the determination by the decisionmaking authority whether such permits or other approvals shall be issued for an adult-oriented business should be made in a timely manner in accordance with the rights of the applicant while remaining consistent with the provisions of this chapter, the zoning ordinance, and all other applicable provisions of law. Therefore, other permits or other approvals required for an adult-oriented business pursuant to this Code shall be processed in accordance with sections 24.492.100 and 24.492.110, as applicable;

D. This section is not intended to, and shall not be construed to, express or imply that the city’s failure to meet the time frames in subsection A. of this section either creates any right for the applicant to have his or her supplemental application deemed “conforming” or “approved” by operation of law or creates any further rights for

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 385 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

the applicant that are not already expressly provided by the United States or California Constitutions or other provisions of existing law. (Code 1971, § 15.692.090)

A. It is further the intention of the city council that, in the event the proposed establishment or expansion of an adult-oriented business use requires a building permit for any construction of new buildings or reconstruction, alterations, or additions to existing buildings, the determination by the building official whether a building permit shall be issued for the adult-oriented business should be made in a timely manner in accordance with the rights of the applicant while remaining consistent with the provisions of this chapter, the zoning ordinance, the city’s Building Codes, and all other applicable provisions of law. Therefore, the building official shall issue the building permit for an adult-oriented business no later than 21 days following the date on which the applicant, following the director’s determination based on review of the supplemental application that the proposed use conforms to the requirements of this chapter and this title, demonstrates compliance with all applicable city Building Code regulations;

B. The time frame in subsection A of this section shall not include the period during which any administrative appeal is pending before the board of appeals. An appeal of any action taken by the building official regarding a building permit for an adult-oriented business shall be set for hearing in accordance with chapter 12.110 of part 1 of division 12 (commencing with section 12.110.010) of this Code and heard no later than 60 days following the date the appeal was filed;

C. This section is not intended to, and shall not be construed to, express or imply that the building official’s failure to meet the time frames in subsection A or B of this section either creates any right for the applicant to have his or her building permit application, or any building plans related thereto, deemed “conforming” or “approved” by operation of law or creates any further rights for the applicant that are not already expressly provided by the United States or California Constitutions or other provisions of existing law. (Code 1971, § 15.692.100)

It is further the intention of the city council that, insofar as the proposed establishment of an adult-oriented business use requires a business tax certificate for operation, the determination by the collector whether a business tax certificate shall be issued for the adult-oriented business should be made in a timely manner in accordance with the rights of the applicant while remaining consistent with the provisions of this chapter, the zoning ordinance, and all other applicable provisions of law. Therefore, the collector shall issue any such business tax certificate no later than 21 days following the date on which the applicant demonstrates compliance with the licensing requirements set forth in chapter 4.155 of part 1 of division 4 of this Code (sections 4.155.110 et seq.). (Code 1971, § 15.692.110)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 386 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

A. Any adult-oriented business lawfully operating on June 23, 1994 that is in violation of this chapter is hereby deemed a nonconforming adult-oriented business use. A nonconforming adult-oriented business use may be permitted to continue, but any such nonconforming use shall be subject to the nonconformity regulations set forth in chapter 24.465.

B. An adult-oriented business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the grant or renewal of a business license for that adult-oriented business, of a church, synagogue, mosque, or temple, or any other noncommercial establishment operated by a bona fide religious organization, Community Meeting use type, boys club, girls club, or similar existing youth organization, public or private school, educational facility, vocational school, college, park, playground, preschool, nursery, daycare center, residential zone, or residential use within 500 feet of the adult-oriented business. This subsection B applies only to the renewal of a valid business license and does not apply when an application for a business license is submitted after a business license has expired or has been revoked or otherwise terminated. (Code 1971, § 15.692.120)