To prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods caused by the concentration of sexually oriented businesses in close proximity to each other or to incompatible uses such as schools, churches, public parks, and residentially zoned districts or residential uses, irrespective of the zoning districts within which such uses are located; further, to prevent the concentration of sexually oriented businesses or the location thereof in close proximity to the aforesaid zoning districts or uses, but also to permit the location of sexually oriented businesses in certain areas of the City under reasonable time, place, and manner regulations protective of both freedom of expression and property rights.

(Ord. 1130.298, eff. 6-10-98)

A.

Establishment of a Sexually Oriented Business. As used herein, to "establish" a sexually oriented business shall mean and include any of the following:

1.

The opening or commencement of any sexually oriented business as a new business;

2.

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business defined herein;

3.

The addition of any of the sexually oriented businesses defined herein to any other existing sexually oriented business; or

4.

The relocation of any such sexually oriented business.

B.

Specified Anatomical Areas. As used herein, "specified anatomical areas" shall mean and include any of the following:

1.

Less than completely and opaquely covered human genitals or pubic region; buttocks; and female breast below a point immediately above the top of the areola;

2.

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

3.

Any device, costume or covering that simulates any of the body parts included in subsections (B)(1) or (2) above.

C.

Specified Sexual Activities. As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

1.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

2.

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

3.

Masturbation, actual or simulated;

4.

Excretory functions as part of or in connection with any of the other activities described in subsections (C)(1) through (3) of this section.

D.

Sexually Oriented Business. "Sexually oriented business" as used herein means any one of the following:

1.

Adult Arcade. The term "adult arcade" as used herein, is an establishment the principal business of which offers for any form of consideration, one (1) or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, which are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

2.

Adult Bookstore. The term "adult bookstore" as used herein, is an establishment that has a significant portion of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and or specified anatomical areas.

3.

Adult Cabaret. The term "adult cabaret" as used herein, means a nightclub, restaurant, or similar business establishment which as its principal business: (a) 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 (b) which regularly features persons who appear semi-nude; and/or (c) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

4.

Adult Hotel/Motel. The term "adult hotel/motel" as used herein, means a hotel or motel or similar business establishment the principal business of which is to offer public accommodations for any form of consideration which: (a) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) rents, leases, or lets any room for less than a six (6)-hour period, or rents, leases, or lets any single room more than twice in a twenty-four (24)-hour period.

5.

Adult Motion Picture Theater. The term "adult motion picture theater" as used herein, is a business establishment the principal business of which, for any form of consideration, shows films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

6.

Adult Theater. The term "adult theater" as used herein, 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 emphasis on the display of specified anatomical areas or specified sexual activities.

7.

Modeling Studio. The term "modeling studio" as used herein, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."

E.

Church. The term "church" as used herein, is a structure or any portion thereof that is used primarily for any religious worship and related religious activities.

F.

Distinguished or Characterized by an Emphasis Upon. As used herein, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3 151 (1981).

G.

Public Park. The term "public park" as used herein, means all grounds, parks, playgrounds, buildings and public areas under the jurisdiction of any governmental agency used for park and recreation purposes.

H.

Regularly Features. The term "regularly features" as used herein, with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two (2) or more occasions within a thirty (30)-day period; three (3) or more occasions within a sixty (60)-day period; or four (4) or more occasions within a one hundred eighty (180)-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

I.

School. The term "school" as used herein, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

J.

Semi-nude. The term "semi-nude" as used herein, 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 or devices.

(Ord. 1130.298, eff. 6-10-98)

No sexually oriented business shall be established or located within any residential zoning district or any R (residential) Combining District, or within the specified distance of certain zoning districts or land uses set forth below:

A.

No such business shall be established or located within one thousand (1,000) feet of any other sexually oriented business. The distance shall be measured as a radius from the primary entrance of the sexually oriented business to the primary entrance of any other sexually oriented business.

B.

No such business shall be established or located within one thousand (1,000) feet from any existing school, church, public park, residentially zoned district, or a parcel of property used, in whole or in part, for residential purposes. The distance shall be measured as a radius from the property line of the parcel on which the sexually oriented business is located to the property line of any such existing school, church, public park, residentially zoned district, or parcel of property used for residential purposes, without regard to intervening structures.

C.

For purposes of subsections A and B above, the width of the Bayshore Freeway shall be deemed to exceed one thousand (1,000) feet.

(Ord. 1130.298, eff. 6-10-98)

Any use of real property existing on the date the ordinance adding this Section to Article 27 becomes effective that does not conform to the provisions of Section 27.3, but was operated and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use that may be continued for five (5) years after said effective date. On or before expiration of said period, all such nonconforming uses shall be terminated unless an extension of time has been approved by the City Council in accordance with the provisions of Section 27.5.

A.

Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as a sexually oriented business shall result in the loss of legal nonconforming status of such use.

B.

Amortization—Annexed Property. Any sexually oriented business which was a legal use at the time of annexation to the City of the property on which it is located, but which does not conform to the provisions of Section 27.3, shall be terminated within five (5) years of the date of annexation unless an extension of time has been approved by the City Council in accordance with the provisions of Section 27.5.

(Ord. 1130.2193, eff. 7-12-00)

The owner or operator of a nonconforming use as described in Section 27.4 may apply to the City Council for one extension of time, not to exceed six (6) months, within which to terminate the nonconforming use.

A.

Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Section 27.3, shall be filed by the owner of the real property upon which such use is operated, or by the operator of the use, with the Zoning Administrator at least sixty (60) days, but not more than one hundred twenty (120) days, prior to the time established in Section 27.4 for termination of such use.

B.

Content of Application; Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be set forth in the schedule of fees current at the time of application, established by resolution of the City Council.

C.

Hearing Procedure. The matter shall be set for hearing before the City Council within thirty (30) days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and other tangible evidence at the hearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of business affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness. The decision of the City Council shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.5. Time limitations for such review shall be governed by 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, not to exceed six (6) months, commensurate with the investment involved, and shall be approved if the City Council makes all of the following findings or such other findings 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 readily be converted to another use; and such investment was made prior to the effective date of the ordinance adding this Section to Article 27;

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 investment and to relocate the use to a location in conformance with Section 27.3.

(Ord. 1130.2193, eff. 7-12-00)