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Chapter 18.70
ADULT USES

Sections:

18.70.010    Purpose.

18.70.020    Definitions.

18.70.030    Locational limitations.

18.70.040    Development and operating standards.

18.70.050    Adult use development permit – Requirements.

18.70.060    Permit – Contents of application.

18.70.070    Permit – Application fee.

18.70.080    Permit – Decision to grant or deny.

18.70.090    Permit – Appeal.

18.70.100    Permit – Judicial review of decision to grant or deny.

18.70.110    Permit – Expiration.

18.70.120    Permit – Approval criteria.

18.70.130    Permit – Revocation.

18.70.140    Violations.

18.70.150    Applicability to other regulations.

18.70.160    Conduct constituting a public nuisance.

18.70.170    Amortization of legal nonconforming uses.

18.70.010 Purpose.

The purpose of this chapter is to provide special design guidelines/standards and development regulations which regulate the time, place and manner of the operation of adult use facilities in order to minimize the negative secondary effects associated with such facilities. (Ord. 710 § 35-20.1, 1996; 1991 code § 35-20.1)

18.70.020 Definitions.

In addition to the definitions contained in the municipal code, the following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of the municipal code, these definitions shall prevail:

A. Adult arcade means any business establishment or concern to which the public is permitted or invited and where coin- or slug-operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors, videos or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

B. Adult bookstore means any business establishment or concern having as a regular and substantial portion of its stock in trade material (as defined below) which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

C. Adult business or adult use means:

1. Any business establishment or concern which as a regular and substantial course of conduct operates as an adult bookstore, adult theater, adult arcade, adult cabaret, adult figure modeling studio, adult motel or hotel; or

2. Any business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes adult-oriented merchandise or sexually oriented merchandise, or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical parts, but not including those uses or activities which are preempted by state law.

D. Adult cabaret means a nightclub as defined in the municipal code, bar or other business establishment or concern (whether or not serving alcoholic beverages) which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, and where such performances are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

E. Adult dance studio means any business establishment or concern which provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by the emphasis on matter depicting, or describing or relating to specified sexual activities or specified anatomical areas.

F. Adult hotel/motel means a hotel or motel, as defined in the municipal code, which is used for presenting on a regular and substantial basis material which is distinguished or characterized by the emphasis on matter depicting or describing or relating to specified sexual activities or specified anatomical areas through closed circuit or cable television or through videotape recorder where videotapes are provided by the hotel/motel.

G. Adult-oriented merchandise means sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

H. Adult theater means a theater or other commercial establishment with or without a stage or proscenium which is used for presenting, on a regular and substantial basis, material which is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to specified sexual activities or specified anatomical areas.

I. Arcade booth means any enclosed or partially enclosed portion of an establishment in which an adult arcade is located, or where a live performance is presented, on a regular or substantial basis, where the material presented is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to specified sexual activities or specified anatomical areas.

J. Commercial land use designation means any property within the city which is designated “commercial” on the most current City of Pleasant Hill general plan land use map, which is on file in the city clerk’s office (hereinafter referred to as the “general plan land use map”) including any property carrying the designation of “commercial and retail,” “mixed use” or “office.”

K. Figure modeling studio means any establishment or business which provides, for members of the public, the services of a live human model for the purpose of reproducing the human body, wholly or partially in the nude, by means of photograph, painting, sketching, drawing, or other pictorial form.

L. Industrial land use designation means any property within the city which is designated “industrial” on the general plan land use map including any property within the city carrying the designation of “light industrial.”

M. Material, relative to adult businesses, means and includes, but is not limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, or electronically generated images or devices including computer software, or any combination thereof.

N. Park land use designation means any property within the city which is designated “park” on the general plan land use map.

O. Religious institution means a facility used primarily for religious assembly or worship and related religious activities.

P. Residential land use designation means any property within the city which is designated “residential” on the general plan land use map including any property carrying the designation of “single-family – low density,” “single-family – medium density,” “single-family – high density,” “multiple-family – low density,” “multiple-family – medium density” and “multiple-family – high density” and “residential use in property zoned planned unit development” as defined in subsection Q of this section. However, this does not include designations where a residence is permitted pursuant to a conditional use permit or other special permit.

Q. Residential use in property zoned planned unit development (“PUD”) means a planned unit development which contains residential dwelling units in any property within the city’s zoned planned unit development as set forth on the city’s zoning map effective March 31, 1993, as may be amended from time to time. For purposes of applying distance locational limitations under PHMC § 18.70.030, only the portion of the PUD actually containing residential units shall be considered the “residential land use designation.”

R. School means any institution of learning for minors whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education and has an approved use permit, if required, under the applicable jurisdiction. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, a special institution of learning under the jurisdiction of the State Department of Education, or an institution of higher education, including a community or junior college, college or university. The definition of school does not include a vocational institution.

S. Specified anatomical areas means:

1. Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered:

a. Human genitals, pubic region;

b. Buttock; or

c. Female breast below a point immediately above the top of the areola; or

2. Human or simulated male genitals in a discernible turgid state, even if completely and opaquely covered.

T. Specified sexual activities means:

1. Human genitals in a state of sexual stimulation or arousal; and/or

2. Acts of human masturbation, sexual stimulation or arousal; and/or

3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or

4. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain; and/or

5. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

6. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. (Amended during 2005 recodification; Ord. 710 § 35-20.2, 1996; 1991 code § 35-20.2)

18.70.030 Locational limitations.

A. Subject to the limitations of this chapter, adult businesses may be located in the commercial land use designation, mixed-use land use designation and the industrial land use designation of the city.

B. In those land use designations where the adult businesses regulated by this chapter would otherwise be permitted uses, it shall be unlawful to establish any such adult business if the location is:

1. Within a 500-foot radius of a residential land use designation. The distance between a proposed use and a residential land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the nearest property line included within the residential land use designation, along a straight line extended between the two points.

2. Within an 800-foot radius of a school or park land use designation. The distance between the proposed use and a school or park land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school site or to the nearest property line included within a park land use designation, along a straight line extended between the two points.

3. Within an 800-foot radius of a religious institution. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall housing the adult use or proposed adult use along a straight line extended to the nearest exterior wall of the facility housing the religious institution.

4. Within 1,000 feet of any other adult use defined by this chapter located either inside or outside the jurisdiction of the city. The distance between two adult uses shall be measured between the nearest exterior walls housing the adult uses along a straight line extended between the two uses.

5. The above distance limitations shall also apply to residential districts, parks and schools as designated on the general plan land use element of the adjacent jurisdictions or to religious institutions which are located in adjacent jurisdictions and are the subject of a validly approved land use entitlement.

6. The method for measuring the distance referenced in subsections B.1, B.2 and B.5 of this section shall not apply when the adult business location or proposed adult use is separated from a residential, school, or park land use designation by Interstate 680 (I-680). Where the I-680 separation exists, the distance shall first be measured along a straight line extended between two points from the nearest exterior wall of the facility housing the adult use or proposed adult use to the closest improved pedestrian connection above or beneath I-680 or roadways which are accessible by pedestrians or vehicles, whichever is less. The measurement shall continue under or over I-680 along the improved pedestrian connection or roadway and proceed along a straight line to the nearest property line included within the residential, school or park land use designation. An improved pedestrian connection is defined as an elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of I-680.

7. The method for measuring the distance referenced in subsections B.3, B.4 and B.5 of this section shall not apply when the adult business location or proposed adult use is separated from a religious institution or other adult businesses by I-680. Where the I-680 separation exists, the distance shall first be measured along a straight line extended between two points from the nearest exterior wall housing the adult use or proposed adult use to the closest improved pedestrian connection above or beneath I-680 or roadways which are accessible by pedestrians or vehicles, whichever is less. The measurement shall continue under or over I-680 along the improved pedestrian connection or roadway and proceed along a straight line to the nearest exterior wall of the other adult business or religious institution. An improved pedestrian connection is defined as an elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of I-680.

C. The establishment of any adult business shall include the opening of such a business as a new business, the relocation of the business, or the conversion of an existing business to any adult business use. (Ord. 784 §§ 1, 2, 2004; Ord. 710 § 35-20.4, 1996; 1991 code § 35-20.4)

18.70.040 Development and operating standards.

A. Hours of operation. It shall be unlawful for any operator or employee of an adult business to allow such adult business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 10:00 p.m. and 10:00 a.m of any day.

B. Lighting requirements. All exterior areas of the adult business shall be illuminated at a minimum of 1.25 footcandles, minimally maintained and evenly distributed at ground level.

C. Access provisions.

1. The operator shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer.

2. No adult business shall be operated in any manner that permits the observation of any material, adult-oriented merchandise or activities depicting, describing or relating to specified anatomical areas or specified sexual activities from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window, door or other aperture or opening. No exterior door or window on the premises shall be propped open or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

D. Signage. The adult business shall post in plain view inside the front portion of the business facility, in two-inch print, a sign referencing California Penal Code section 314 which shall read:

Every person who willfully and lewdly, either: (1) Exposes his or her person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or (2) Procures, counsels, or assists any person so as to expose himself or herself or take part in any model artist exhibition, or to make any other exhibition of himself or herself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.

Upon the second and each subsequent conviction under subsection (1) above, or upon a first conviction under subsection (1) above after a previous conviction under [California Penal Code] Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison. California Penal Code Section 314.

E. Minors’ access.

1. X-rated movies. X-rated movies or videotapes shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays videos that have been rated “X” or rated “NC-17” by the motion picture rating industry (“MPAA”), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said videos shall be located in a specific section of the establishment where persons under the age of 18 shall be prohibited.

2. Other adult materials. Access to adult materials shall be restricted to persons over 18 years of age.

F. Regulation of closed booths. No one shall maintain any arcade booth or individual viewing area unless the entire interior of such premises wherein the picture or entertainment that is viewed is visible upon entering into such premises; and further, that the entire body of any viewing person is also visible immediately upon entrance to the premises without the assistance of mirrors or other viewing aids. No partially or fully enclosed booths/individual viewing areas or partially or fully concealed booths/individual viewing areas shall be maintained. No arcade booth shall be occupied by more than one patron at a time. No holes shall be permitted between arcade booths or individual viewing areas.

G. Regulation of viewing areas. All viewing areas within the adult business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and not obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the viewing area from the main aisle. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. All viewing areas shall be designed or operated to permit occupancy of either one person only or more than 10 persons. Viewing area means any area in which a person views performances, pictures, movies, videos, or other presentations.

H. Business license. A person shall not own, operate, manage, conduct or maintain an adult business without first having obtained a business license from the director of finance. The issuance or denial of the business license shall be made within 15 days of the applicant’s submitted application.

I. On-site manager – Security measures. All adult businesses shall have a responsible person who shall be at least 18 years of age and shall be on the premises to act as manager at all times during which the business is open. The individual designated as the on-site manager shall be registered with the city’s zoning administrator by the owner to receive all complaints and be responsible for all violations taking place on the premises.

The adult business shall provide a security system that visually records and monitors the exterior premises of the property including all parking lot areas or, in the alternative, uniformed security guards to patrol and monitor the exterior premises of the property, including the parking lot areas during all business hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two by three feet and shall at a minimum be one foot by one and one-half feet.

J. Nude entertainment business – Operating requirements. No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a nude entertainment business unless each and all of the following requirements are met:

1. No employee, owner, operator, responsible managing employee, manager or permittee of a nude entertainment business shall allow any person below the age of 18 years upon the premises or within the confines of any nude entertainment business if no liquor is served, or under the age of 21 if liquor is served.

2. No nude entertainer shall dance with or otherwise be within four feet of a patron while performing for compensation or while on licensed premises. This four-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s).

3. No owner, operator, responsible managing employee, manager or permittee shall permit or allow at licensed premises any patron to approach within four feet of a nude entertainer, or permit or allow a nude entertainer to approach within four feet of a patron.

4. All employees of nude entertainment businesses, other than nude entertainers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas.

K. Disposal of adult-oriented merchandise and materials. Any and all adult-oriented merchandise and materials discarded by an adult business shall be fully contained within a locked garbage receptacle at all times so that minors are not exposed to sexually explicit materials. (Ord. 710 § 35-20.6, 1996; 1991 code § 35-20.6)

18.70.050 Adult use development permit – Requirements.

A. No adult business may be established within the city by right. All persons wishing to establish an adult business within the city must apply for and receive an adult use development permit under this chapter.

B. It is the burden of the applicant to supply evidence to justify the grant of an adult use development permit.

C. Any person desiring to operate or establish an adult business within the city shall file with the public works and community development department an adult use development permit application on a standard application form supplied by the public works and community development department. (Ord. 710 § 35-20.8, 1996; 1991 code § 35-20.8)

18.70.060 Permit – Contents of application.

A. The application must be signed by the owner or lessee. If the application is signed by a lessee, a notarized statement signed by the owner shall accompany the application. Proof of status is required.

B. The city council, by resolution, shall set forth the contents required for such applications for an adult use development permit.

C. All applicants for an adult use development permit must also fill out the city’s environmental package for purposes of complying with the California Environmental Quality Act (“CEQA”). (Ord. 710 § 35-20.10, 1996; 1991 code § 35-20.10)

18.70.070 Permit – Application fee.

The city council, by resolution, shall set a reasonable nonrefundable application fee for persons applying for an adult use development permit. The fee shall not exceed the reasonable estimated costs of the city expended in processing the permit application. (Ord. 710 § 35-20.12, 1996; 1991 code § 35-20.12)

18.70.080 Permit – Decision to grant or deny.

A. The planning commission (“the commission”) shall grant, conditionally grant or deny an application for an adult use development permit. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter and the underlying zoning district in which the property is located.

B. The completeness of the application shall be determined by the zoning administrator (“administrator”) within 30 calendar days of its submittal to the zoning administrator.

C. Upon the filing of a completed application, the commission shall cause to be made by its own members, or members of its staff, an appropriate investigation, including consultation with the building, police, fire and health departments and inspection of the premises as needed. Consultation is not grounds for the city to unilaterally delay in reviewing a completed application.

D. In reaching a decision, the commission shall not be bound by the formal rules of evidence.

E. After the investigation has been completed, the commission shall notice and conduct a public hearing, as prescribed in PHMC Chapter 18.80, on the application for an adult use development permit. Public notice shall also be provided by publication in a newspaper of general circulation within the City of Pleasant Hill at least 10 days before the scheduled hearing.

F. The planning commission shall render a written decision on the application for an adult use development permit within 60 days of receiving a completed application. The failure of the commission to render such a decision within this time frame shall be deemed to constitute a denial.

G. The commission’s decision shall be hand delivered or mailed to the applicant, and shall be provided in accordance with the requirements of the municipal code. Any posted notices shall remain for at least 10 days and mailed to all property owners within 300 feet of the adult use. (Ord. 710 § 35-20.14, 1996; 1991 code § 35-20.14)

18.70.090 Permit – Appeal.

A. Any interested person may appeal the decision of the commission to the city council in writing within 10 days after the commission’s written decision. The city council within the same 10 days may also initiate such an appeal.

B. Consideration of an appeal of the commission’s decision shall be at a public hearing which shall be noticed as provided in PHMC Chapter 18.130 and shall occur within 45 days of the filing or initiation of the appeal. Public notice shall also be provided by publication in a newspaper of general circulation within the City of Pleasant Hill at least 10 days before the scheduled hearing.

C. The city council action on the appeal of the commission’s decision shall be by a majority vote of the quorum and, upon the conclusion of the de novo public hearing, the city council shall grant, conditionally grant or deny the application. The city council’s decision shall be final and conclusive.

D. In reaching its decision, the city council shall not be bound by the formal rules of evidence. (Ord. 846 § 10, 2010; Ord. 710 § 35-20.16, 1996; 1991 code § 35-20.16)

18.70.100 Permit – Judicial review of decision to grant or deny.

A. The time for court challenge to a decision by the city council is governed by California Code of Civil Procedures section 1094.6.

B. Notice of the city council’s decision and its findings shall be mailed to the applicant and shall include citation to California Code of Civil Procedures section 1094.6. (Ord. 710 § 35-20.18, 1996; 1991 code § 35-20.18)

18.70.110 Permit – Expiration.

Any adult use development permit approved pursuant to this chapter shall become null and void unless the proposed use is established within six months of the date from the approval. As to facilities that are a reuse of existing facilities, the adult use development permit shall become null and void unless the proposed use is established within six months from the date of approval, unless prior to said expiration date the permittee demonstrates to the satisfaction of the city’s planning commission that it has a good faith intent to presently commence the proposed use. Such extensions shall not exceed a total of two six-month extensions. (Ord. 710 § 35-20.20, 1996; 1991 code § 35-20.20)

18.70.120 Permit – Approval criteria.

A. The commission or city council shall approve or conditionally approve an application for an adult use development permit where the information submitted by the applicant substantiates the following findings:

1. That the proposed use complies with the development and design requirements of the underlying zoning district in which it is located and with the applicable standards of this chapter;

2. That the proposed use and its projected traffic generation is consistent with achieving or maintaining the established level of service set forth in the city’s circulation and growth management elements. If the city’s established level of service is already exceeded, then the proposed use and its projected traffic generation will not result in a net increase in the level of service;

3. That the proposed site is adequately served by other public and private service facilities consistent with the city’s established level of services as set forth in the city’s growth management element for the requested use;

4. That the proposed site is not located within a 500-foot radius of a residential land use designation. The distance between a proposed use and a residential land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the nearest property line included within the residential land use designation, along a straight line extended between the two points;

5. That the proposed site is not located within an 800-foot radius of a school or park land use designation. The distance between the proposed use and a school or park land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school site or the nearest property line included within a park land use designation, along a straight line extended between the two points;

6. That the proposed site is not located within an 800-foot radius of a religious institution. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult uses along a straight line extended to the nearest exterior wall of the facility housing the religious institution;

7. That the proposed site is not located within 1,000 feet of any other adult use regulated under this chapter that is located either within or outside the jurisdiction of the city. The distance between two adult uses shall be measured between the nearest exterior walls housing the adult uses along a straight line extended between the two uses;

8. That the proposed site is not located within 500 feet of a residential district, 800 feet of a park or school as designated on the general plan land use element of an adjacent jurisdiction or 800 feet of a religious institution that is located in an adjacent jurisdiction and is the subject of a validly approved land use entitlement; and

9. That neither the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.

B. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter as set forth in PHMC § 18.70.030 and the underlying zoning district in which the property is located. (Ord. 710 § 35-20.22, 1996; 1991 code § 35-20.22)

18.70.130 Permit – Revocation.

A. Any permit issued pursuant to the provisions of this chapter may be revoked by the city on the basis of any of the following:

1. That the business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits set by the fire marshal;

2. That the permittee has failed to obtain or maintain all required city, county, and state licenses and permits;

3. That the permit is being used to conduct an activity different from that for which it was issued;

4. That the permittee has misrepresented a material fact in the application for permit or has not answered each question therein truthfully;

5. That due to changes in on-site conditions, the adult business lacks sufficient on-site parking area for employees and the public under the standards set forth in the city’s parking code, except for an existing use that is legal and nonconforming with respect to parking;

6. That the building or structure in which the adult business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in the Uniform Building, Uniform Plumbing or Uniform Fire Code;

7. That the permitted business creates sound levels which violate the noise control ordinance of the city;

8. That the permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the state as a sex or sex-related offense during the period of the adult establishment’s operation; or

9. That the use for which the approval was granted has ceased to exist or has been suspended for six months or more.

B. Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent by certified mail to the permittee at least 10 days prior to the hearing.

C. The revocation hearing shall be heard by the commission. The commission shall not be bound by the formal rules of evidence at the hearing.

D. The commission shall notice and conduct a public hearing, as prescribed in the municipal code, on the proposed permit revocation.

E. The commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee’s adult use development permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter as set forth in PHMC § 18.70.030 and the underlying zoning district in which the property is located.

F. The commission’s decision shall be in writing, and shall be hand delivered or mailed to the applicant and mailed to all property owners within 300 feet of the use.

G. The commission shall make its decision within 30 days of the public hearing.

H. Any interested person may appeal the decision of the commission to the city council in writing within 10 days after the written decision of the commission in accordance with the provisions of PHMC Chapter 18.130.

I. In the event a permit is revoked pursuant to this chapter, another adult use development permit to operate an adult business shall not be granted to the permittee within 12 months after the date of such revocation. (Ord. 710 § 35-20.24, 1996; 1991 code § 35-20.24)

18.70.140 Violations.

Any person who violates any section of this chapter shall be guilty of a misdemeanor and is subject to a fine and/or imprisonment in accordance with the limits set forth in California Government Code section 36901, as it may be amended from time to time, or any other legal remedy available to the city. (Ord. 710 § 35-20.26, 1996; 1991 code § 35-20.26)

18.70.150 Applicability to other regulations.

The provisions of this chapter are not intended to provide exclusive regulation of the regulated adult uses. Such uses must comply with any and all applicable regulations imposed in other parts of the zoning ordinance, other city ordinances and state and federal law. (Ord. 710 § 35-20.28, 1996; 1991 code § 35-20.28)

18.70.160 Conduct constituting a public nuisance.

The conduct of any business within the city in violation of any of the terms of this chapter is hereby found and declared to be a public nuisance, and the city attorney or the district attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such adult use establishment and restrain and enjoin any person from conducting, operating or maintaining an adult use establishment contrary to the provisions of this chapter. (Ord. 710 § 35-20.30, 1996; 1991 code § 35-20.30)

18.70.170 Amortization of legal nonconforming uses.

A. Any adult business or establishment regulated under the provisions of this chapter which is a nonconforming use on the effective date of the ordinance codified in this chapter shall be subject to an amortization period expiring one year from the effective date of the ordinance codified in this chapter.

B. An adult business or establishment operating as a conforming use with an approved adult use development permit from the city shall not be rendered a nonconforming use by the location of a religious institution or school, within the locational limitations of this section.

C. Amortization – Notice. The public works and community development department shall provide written notice to the owner (and lessee/operator, if known by reference to city’s business license records) at least 120 days prior to the expiration of this amortization period. This notice is not mandatory and lack of notice shall not be deemed to prevent the city from initiating an action seeking declaratory or injunctive relief against the owner and/or operator of such business. However, if notice of expiration of amortization period is not given, any application by the owner or lessee/operator of the business for an extension of the amortization period shall not be denied on the grounds that it is untimely.

D. Amortization – Application for extension.

1. The owner may file an application with the public works and community development department for an extension of the amortization period. The applicant must state:

a. Whether a previous extension has been requested and granted, as well as the date of the previous request; and

b. The efforts that will be made to conform by the conclusion of the extended period.

2. The owner’s application shall be made in writing and shall be accompanied by the required fee as established by the city council.

3. Any application for an extension of the amortization period shall be made prior to the expiration of the amortization period unless the commission determines that good cause exists for the late filing of the application.

E. Amortization – Decision to grant or deny.

1. The commission shall hold a public hearing at which time it shall consider the evidence and testimony regarding the request for an extension of the amortization period. The commission shall grant or deny an application for extension of the amortization period. The commission shall make its decision within 45 days of the filing of the request.

2. In rendering its decision, the commission shall determine whether the adult business has been provided with a reasonable amortization period commensurate with the investment involved. If the commission determines that the amortization period is not reasonable, it shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant to establish that the extension should be granted.

3. The commission shall consider the following factors in making its determination:

a. The adult business owner’s financial investment in the business;

b. The present actual and depreciated value of business improvements;

c. The applicable Internal Revenue Service depreciation schedules;

d. The remaining useful life of the business improvements;

e. The remaining lease term;

f. The cost of relocating the business to a site conforming with the provisions of this chapter;

g. The ability of the business and/or land owner to change the use to a conforming use; and

h. The secondary effects of the adult business on the health, safety and welfare of surrounding businesses and uses if the adult business is permitted to extend the amortization period.

4. The commission’s decision shall be in writing, and shall be hand delivered or sent by certified mail to the applicant, and shall be posted at City Hall and on the outside of the adult business. Posted notices shall remain for at least 10 days and be mailed to all property owners within 300 feet of the use.

F. Amortization – Appeal. Any interested person may appeal the decision of the commission to the city council in writing within 10 days after the written decision of the commission in accordance with the provisions of PHMC Chapter 18.130.

G. Amortization – Public nuisance. The city council declares to be a public nuisance any parcel where an adult business is operating and where the amortization period as a legal nonconforming use has expired and (1) no application for an extension is on file or has been granted, or (2) no application for an adult use development permit is on file or has been granted. (Ord. 846 § 11, 2010; Ord. 710 § 35-20.32, 1996; 1991 code § 35-20.32)