Loading...
HomeMy WebLinkAboutInitial Plan; Zoning Review IPZR2012004 - Supporting DocumentsCit of Huntin ton Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www.huntin tonbeachca. ov Plannin Division 714.536.5271 July 20, 2012 Application: Applicant: Property Owner: Request: Project Location: Dear Mr. Hofman: Buildin Division 714.536.5241 INITIAL PLAN ZONING & REVIEW NO. 12-004 (PARADISE SPECIALTIES RELOCATION) Filip Hofman, 777 Bellflower Blvd. #111, Long Beach, CA 90815 Tracy Ellis, 16182 Gothard Street, Huntington Beach, CA 92647 To review a request to relocate a sex-oriented business within an industrial tenant space located at 16182 Gothard Street, Suite A. 16182 Gothard Street, Unit A, 92647 (east side of Gothard Street, north of Murdy Circle) We appreciate the opportunity to review your narrative and floor plans dated May 10, 2012 for the proposed business relocation. The following comments reflect Planning Division review only and should be considered preliminary, subject to change upon receipt of any new information and/or submittal of an entitlement application. This letter is intended to advise you of the current code requirements applicable to your proposed business relocation. Business Histo Paradise Specialties was originally established as a retail business at 7344 Center Avenue in 1991. At that time, the property was zoned C4 (Highway Commercial District). After the City determined that the business was operating as sex-oriented business, the use was approved to operate in the C4 zone by Conditional Use Permit (CUP) No. 93-01 via the Planning Commission on March 16, 1993. Subsequently, in 1998, the City Council adopted Ordinance No. 3378, which amended zoning provisions regulating sex-oriented businesses. The ordinance established that sex-oriented businesses are permitted in the industrial zones of the city, and those that had been established in commercial zones were thus deemed non-conforming. A letter dated March 20, 1998 was sent to the business owner at the time advising of the ordinance and impacts to the business establishment (Attachment No. 2). The letter served as formal notice that in 1998, Paradise Specialties was deemed a non-conforming use and was to cease operations within three years. IPZR No. 12-004 July 20, 2012 Page 2 Zonin /General Plan: i 0 1. The proposed sex-oriented business is proposed to be re-located to 16182 Gothard Street, Suite A, which is located within the IG-FP2 (Industrial General - Flood Zone A) zoning district which permits industrial type uses. The property is subject to the development standards and flood zone requirements within Chapters 210 and 222 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The HBZSO may be found online htt ://www.huntin tonbeachca. ov/ overnment/elected officials/cit clerk /zonin code/index.cfm . 2. The General Plan designation for the subject property is I - F2 - d (Industrial - Maximum 0.5 Floor Area Ratio - Design overlay). Code Anal sis The Huntington Beach Municipal Code (HBMC) Chapter 5.70 (Attachment No. 3) provides definitions of specific terms as they apply to the establishment, maintenance and operation of all Sex Oriented Businesses within City limits. In summary, and per HBMC 5.70.010 Definitions, a "Sex Oriented Business" means any business establishment or concern which as a regular and substantial course of conduct displays or distributes Sex Oriented Merchandise or Sex Oriented Material, or any other business or concern which as a regular and substantial portion of its business offers its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities. The HBMC Chapter 5.7.10 Definitions further states that a business shall be classified as a sex- oriented business when one or more of three conditions exist: 1. That the area(s) devoted to the display of Sex Oriented Merchandise and/or Sex Oriented Material exceeds twenty-five (25%) percent of the total stock, inventory, interior business display or floor space, total display area of the business; 2. A business which includes live entertainment; or 3. At least twenty-five (25%) percent of the revenue of the business is derived from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical areas. The submitted narrative (Attachment No. 1) asks two specific questions for the re-establishment of Paradise Specialties. The first question is can Paradise Specialties begin business as a retail business within the subject Industrial General zone? The HBZSO Chapter 212 Industrial Districts does not list retail uses as permitted uses within industrial zones. Therefore, the subject business cannot be re-established as a retail use at the tenant space located at 16182 Gothard Street Unit A. The second question is can Paradise Specialties can be re-established as a Wholesale, Warehouse and Distribution use? Wholesale, Warehouse and Distribution uses are listed as permitted uses within the Industrial General zone. Pursuant to HBZSO Chapter 204: Use IPZR No. 12-004 July 20, 2012 Page 3 O Classifications, Wholesaling, Distribution and Storage uses are storage and distribution facilities without sales to the public on-site or direct public access. The re-establishment of Paradise Specialties under the Wholesale and Distribution use classification would not support sales to the public on-site or direct public access, preventing any retail-type activity. However, based on the submitted narrative and conceptual plans, it has been determined that the subject business is considered a sex-oriented business and is therefore subject to the requirements of HBMC Chapter 5.70 and Chapter 212.04 (L-1 1) of the HBZSO (Attachments No. 2 & 3). Moreover, the subject tenant suite, located at 16182 Gothard Street Unit A, is on a property located within 80 linear feet of a Residential zone and does not meet the minimum 500 foot buffer requirement as established by Chapter 212 of the HBZSO. Thank you for submitting your Initial Plan Zoning & Review application. Please call me at (714) 374-5317 or via email at HBeckman surfcit -hb.or if you have any questions regarding the information in this letter or would like more information on future application processes or submittal requirements. Si cerely, Hayden eckman Planning Aide Attachments: 1. Project narrative dated May 10, 2012 2. Huntington Beach Municipal Code Chapter 5.70 Sex Oriented Businesses 3. Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Industrial Districts Cc: Herb Fauland, Planning Manager Tracy Ellis, Property Owner Project File To the Planning Department of Huntington Beach. We are Paradise Specialties Inc., and we have been in the city of HB for 20 years. The reason why we are looking for a new place for our business is a scheduled demolition of our previous place, which was located on 7344 Center Avenue. Originally we were an adult oriented business, but now we are becoming a regular retail business with the ratio of 75% not adult oriented material (items that you can buy in any stores around the city) and 25% adult oriented material. In our store we only sell this material. It means that we do not have any live shows, productions, or showings of any adult oriented material. This is in the city limits. Also with the new trends in technology and the way people shop today we also started an online e commerce business. We have found a new location in Gothard Street # 16182 suite A. This is in industrial general area (IG), so our questions are. Can we move there as a retail business, even if this is an industrial area. We respect the city laws about the sensitive material that we sell in our store. This is why we pick a location like that, because it is secluded by other industrial places. Or, can we use the warehouse for storage of our merchandise and also have a show room to display it. The show room will be also in the ratio of 75% non adult merchandise and 25% adult merchandise. In both scenarios we want to build a very discreet and tasteful place, where adult can shop in privacy. So there will not be any inappropriate material outside the place and also in immediate entrance inside the store. Our businessrours will be from 10 am to 8 pm and there will be no after hours activity. We want to do our business with the laws and limits of Huntington Beach, and we hope that after 20 years in this city we can still continue our relationship. Sincerely, Filip Hofman 562-714-2121 kaczecho@hotmaii.com ... .• . a so Detail description of goods for PARADISE SPECIALTIES 75% 40% LINGERIE - club wear, hosiery, leggings , panties, bras, costumes, bikini sets, baby dolls, corsets 15% SHOES 15% COSMETICS - massage oils, body butter, body lotions, shower gels , lip gloss, bath products, body dust, lubricants 5% MISCELANIOUS - candles, candies, wigs, books, cards, coupons, condoms, games 25% 23% TOYS - males, females, couple 2% DVDs - instructional, features ..• ....• . . . :1000 :0 J °L1L 71-0.¢ L l!0JDeQ W ` Ci- Z O0I0•000•I To the Planning Department of Huntington Beach. We are Paradise Specialties Inc., and we have been in the city of HB for 20 years. The reason why we are looking for a new place for our business is a scheduled demolition of our previous place, which was located on 7344 Center Avenue. Originally we were an adult oriented business, but now we are becoming a regular retail business with the ratio of 75% not adult oriented material (items that you can buy in any stores around the city) and 25% adult oriented material. In our store we only sell this material. It means that we do not have any live shows, productions, or showings of any adult oriented material. This is in the city limits. Also with the new trends in technology and the way people shop today we also started an online e commerce business. We have found a new location in Gothard Street # 16182 suite A. This is in industrial general area (IG), so our questions are. Can we move there as a retail business, even if this is an industrial area. We respect the city laws about the sensitive material that we sell in our store. This is why we pick a location like that, because it is secluded by other industrial places. t' 411 O2 Or, can we use the warehouse for storage of our merchandise and also have a show room to display it. The show room will be also in the ratio of 75% non adult merchandise and 25% adult merchandise. 1Nf1'-tu5p1STt(Jfior U sE' J/s%lvw Rcc " w 4-A'C t5 u4E C- tcc (l ck1-f o tJ ? In both scenarios we want to build a very discreet and tasteful place, where adult can shop in privacy. So there will not be any inappropriate material outside the place and also in immediate entrance inside the store. Our businesstours will be from 10 am to 8 pm and there will be no after hours activi . We want to do our business with the laws and limits of Huntington Beach, and we hope that after 20 years in this city we can still continue our relationship. Sincerely, Filip Hofman 562-714-2121 kaczecho@hotmail.com 11 • • ••.••• Detail description of goods Lowy ot ? for PARADISE SPECIALTIES 75%40% LINGERIE - club wear, hosiery, leggings, panties, bras, costumes, bikini sets, baby dolls, corsets 15% SHOES 15% COSMETICS - massage oils, body butter, body lotions, shower gels, lip gloss, bath products, body dust, lubricants 5% MISCELANIOUS - candles, candies, wigs, books, cards, coupons, condoms, games 25%)23% TOYS - males, females, couple 2% DVDs - instructional, features . . 8 ..9 r a 60 . ..• ..... ...... ..• Beckman, Ha den From: Fauland, Herb Sent: Thursday, May 03, 2012 1:39 PM To: Beckman, Hayden Cc: Kelley, Jason Subject: RE: Paradise Specialties - SOB vs. Retail Please have the applicant submit an IPZR for review. We need a very detailed floor plan and written narrative. Herb Fauland, Planning Manager City of Huntington Beach - Planning & Building Department 2000 Main Street Huntington Beach, CA 92648 Office - 714.536.5438 Fax - 714.374.1540 hfauland surfcit -hb.or From: Beckman, Hayden Sent: Thursday, May 03, 2012 10:43 AM To: Fauland, Herb Cc: Kelley, Jason Subject : Paradise Specialties - SOB vs. Retail Herb, After our initial discussions and research into the relocation criteria for an existing nonconforming SOB (Paradise Specialties), the business owner is requesting that he be allowed to occupy a commercial tenant space as a retail use. Citing the HBMC Chapter 5. 70.010 Definitions, the business owner is asking that the City agree to a business relocation within Huntington Beach upon modification of his business to fall beneath the SOB definition. Specifically, an SOB can be defined as any business where one or more of the following exist: 1. The area(s) devoted to the display of sex oriented merchandise and/or sex oriented material exceeds twenty- five (25%) percent of the total stock, inventory, interior business display, or floor space, total display area of the business, or; 2. A business or concern which presents any type of live entertainment....(not applicable) or; 3. At least twenty-five (25%) percent of the revenue of the business is derived from the sale, trade, display or presentation of services, products or entertainment which are characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical areas. In speaking with Jason about this request, he suggested I speak with Mike Fuentes and also run this discussion by you before providing the business owner direction. Mike remembers two such instances where Planning and Code Enforcement staff reached a similar determination of the 25% rule for retail vs. SOB. One was an adult boutique located around Beach and Heil, where CE conducted inspections every 3 months for 1 year to ensure compliance with the 25% maximum display and revenue. There have been no further issues with this business should it still exist. Also, there was a similar situation for a business near Warner at Goldenwest but he couldn't recall an exact name or location. I have spoke with Planning staff regarding this interpretation and in consensus staff agrees that the business owner has the opportunity to comply with the 25%'rule' and be determined as a retail business rather than an SOB. 1 If you have a moment today, I'd IIito discuss with you as well. I was hoping tcatch you during office hours yesterday, which is why I'm sending you an email instead. Thank you, Hayden Beckman Planning Aide City of Huntington Beach Planning & Building Department 714.374.5317 LEED GREEN As,-,, CIA 7E Z 9 Detail description of goods for PARADISE SPECIALTIES 80% 400 o LINGERIE - c wear, hosiery, leggings, women's undergarments, bras, costumes, bikini sets, baby dolls, corsets 15% SHOES 15% COSMETICS - massa body butter, body lotions, shower gels, lip gloss, bath products, body dust, lubricants 10% MISCELANIOUS - candles, candies, wigs, books, cards, coupons, condoms, games 20% 18% ACCESSORIES - couple, females, males 2% DVDs - instructional, features I-S Ss'G": c.12-16/ Iggq - Ct svt-fus«N ftoj6p ff-; FerAAL- G-(rSt o. A-WLO M; j CAJ a Mq-T Qaun Q _B6VA / L 0 Kelle , Jason From: Sent: To: Cc: Subject: Attachments: Beckman, Hayden Wednesday, February 01, 2012 10:07 AM Kelley, Jason Fauland, Herb Draft SOB email max sob.pdf; image002.png I Jason, Here's a draft email response to the SOB inquiry. Please review and provide comments and edits as you see fit. We do not have a precedent that I know of regarding an Admin Permit for a SOB in the City. Thank you, HB ************************************************************************************************** William, I've researched the land use requirements for Sex Oriented Businesses (SOB) as they apply under the current Huntington Beach Zoning and Subdivision Ordinance (HBZSO). A-IZC- tom-Gd roP-wt1061. SOBs are regulated by Cha ter 5.70 of the Huntin ton Beach Munici al Code (HBMC)and Cha ter 212 of the HBZSO. I have hyperlinked these code sections for your review. Please consider the following: n' q -,S &W/ L0 4M6A160 1. Pursuant to a 1998 policy, SOBs in the City of Huntington Beach are considered legal non-conforming uses and are not permitted uses in Commercial zones. Relocation of an existing SOB is restricted to an Industrial zoned property, subject to the review of an Administrative Permit (AP) by Director approval pursuant to Chapter 212.04 (L-11) of the HBZSO. The AP process is a staff-level application with the Director of Planning & Building taking action on a request. Within 30 days of receipt of a complete application, the Director shall determine if the application complies with the applicable development and performance standards of the HBZSO. The fee due at the time of submittal of an AP request is $1,451. Chapter 212 contains additional information regarding the public notification requirements to be sent prior to submittal. wP s fil R ( c) F C1. Vkobt,E S' f°s• 2. In HBMC Ch. 5.70.020, a Sex Oriented Business permit is required for operation and are issued by the Police Department. If a current SOB owner has existing permits through the Police Department, relocation would trigger a new application (HBMC 5.70.070). Please contact the Police Department at 714-960-8811 for further information regarding this process and current fee requirements. 3. Concurrently, a business license and Certificate of Occupancy are also required. Business licenses can be obtained over the counter on the 1st floor of City Hall. The Business License Department will also provide an application for a Certificate of Occupancy, which requires Planning & Building Department review and applicable fees. Please note that the business license and Certificate of Occupancy process will take place once the Administrative Permit process and SOB permit process (Police) are complete. 1 Chanter 5.70 SEX ORIENTED BUSINESSES (2523-12/81, Urg. Ord. 3341-10/96, 3431-7/99, 3470-11/00, 3751-11/06) Sections: 5.70.05 Purpose 5.70.010 Definitions 5.70.015 Statements And Records 5.70.020 Permit Required 5.70.030 Application For Sex Oriented Business Permit 5.70.035 Sex Oriented Business Permit Issuance 5.70.040 Sex Oriented Performer Permit 5.70.045 Sex Oriented Performers Permit Issuance 5.70.050 Applicant To Appear 5.70.055 Repealed - Ord. 3431 - 7/99 5.70.060 Repealed - Ord. 3431 - 7/99 5.70.065 Repealed - Ord. 3431 - 7/99 5.70.070 Permit Renewal 5.70.080 Permits Nontransferable 5.70.090 Sex Oriented Businesses--Change Of Location Or Name 5.70.095 Sex Oriented Performer--Change Of Location Or Name 5.70.100 Sex Oriented Business Standards Of Operation 5.70.110 Inspections 5.70.115 Revocation of a Sex Oriented Business Permit 5.70.120 Revocation of a Sex Oriented Performer Permit 5.70.130 Regulations Nonexclusive 5.70.140 Violation--Penalty 5.70.150 Unlawful Operation Declared Nuisance 5.70.160 Minors And Intoxicated Persons 5.70.170 Employment Of Persons Without Permits Unlawful 5.70.180 Severability 5.70.05 Pur ose. The intent of this ordinance is to regulate businesses which, unless closely regulated, tend to have serious secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of Sex Oriented Businesses; interference with residential property owners enjoyment of their property when such property is located in the vicinity of Sex Oriented Businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of Sex Oriented Businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the Sex Oriented Businesses. (Urg. 3341-10/96) It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this Chapter to restrict or deny access by adults to Sex Oriented Materials or to deny access by the distributors or exhibitors of Sex Oriented Businesses to their intended market. (Urg. 3341-10/96) Nothing in this Chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. (Urg. 3341-10/96) Huntington Beach Municipal Code Chapter 5.70 Page 1 of 16 5.70.010 Definitions. (a) Cabaret. "Cabaret" means a nightclub, theater or other establishment which regularly features live performances distinguished or characterized by an emphasis upon specified sexual activities or specifies anatomical areas . (Urg. 3341-10/96, 3431-7/99) (b) Chief of Police. "Chief of Police" means the Chief of Police or his or her designee. (urg. 3341-10/96) (c) Distin uished or characterized b an em hasis u on. "Distinguished or characterized by an emphasis upon" means 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 ). (Urg. 3341-10/96) (d) Encounter Center. "Encounter center" or "rap studio" means any business, agency or person who, for any form of compensation, consideration or gratuity, regularly provides a place where two or more persons may congregate, assemble or associate for the primary purpose of engaging in, describing or discussing specified sexual activities, or exposing specified anatomical areas. (urg. 3341-10/96, 3431-7/99) (e) Entertainment. "Entertainment" shall mean any human body activity in a Sex-Oriented Business, whether performed alone or with other persons, including but not limited to singing, speaking, dancing, acting, posing, modeling, simulating sexual activity, wrestling, pantomiming, or the public display of specified anatomical areas for the purpose of holding or gaining the attention of, diverting or amusing guests or patrons. "Entertainment" shall be synonymous with "performance." (3470-11/00) (f) Permit holder or Permittee. "Permit holder" or "Permittee" shall refer to the person or entity to whom the permit is issued and shall include, but not be necessarily limited to the following: (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (1) the sole proprietor of a Sex Oriented Business; (Urg. 3341-10/96,3431-7/99,3470-11/00) (2) the partnership owning a Sex Oriented Business, and each of the partners; or (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (3) the corporation owning a Sex Oriented Business and each of its officers and directors, but not individual shareholders. For purposes of this Chapter, "corporation" shall also include not-for-profit corporations and limited liability corporations. (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (g) Operator: The permittee or the owner(s); the manager(s), as identified by the permittee, as identified by the manager him or herself or by the employees; or the person, who at any given time, is primarily responsible for the operation of the business. (3470-11/00) (h) Performer. "Performer" means any person who dances, models, engages in entertainment, and/or performs specified sexual activities or displays specified anatomical areas in a sex oriented business. Performer shall include persons engaged in or providing entertainment whether they are employees or independent contractors of a sex oriented business and whether or not they entertain with or without compensation or other form of consideration, and whether clothed or unclothed. (3431-7/99, 3470-11/00) Huntington Beach Municipal Code Chapter 5.70 Page 2 of 16 (i)Re ularl Features. "Regularly features" with respect to a Sex Oriented theater or Sex Oriented 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 occur 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 and eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (j) Seminude. "Seminude" 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. (Urg. 3341-10196,3431-7199,3470-11/00) (k) Sex Oriented Bookstore. "Sex Oriented bookstore" means an establishment having as a regular and substantial portion of its stock, revenue, interior business or floor space for display or distribution in trade, books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material. (Urg. 3341-10/96,3431-7/99, 3470-11100) (1) (Sek Oriented-Business-"Sex Oriented Business" means any business establishment or concern which as a regular and substantial course of conduct performs or operates as a Sex Oriented Bookstore, Sex Oriented Theater, Sex Oriented Motion Picture Arcade, Cabaret, Encounter Center, Sex Oriented Motel/Hotel, or sells, displays or distributes Sex Oriented Merchandise or Sex Oriented Material, or any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas but not including those uses or activities, the regulation of which is preempted by state law. "Sex Oriented Business" shall also include any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place in lingerie to a point where specified anatomical parts are exposed. As used in this chapter, the terms "regular and substantial course of conduct" and "regular and substantial portion of its business" shall mean any Sex Oriented Business where one or more of the following conditions exist: (Urg. 3341-10/96, 3431-7/99, 3470-11/00) p (I)( The-area(s) devoted to the-display-of sex-oriented merchandise and/or sex oriented material exceeds twenty-five (25%) percent of the total stock, inventory, interior business display ortifloor space, total display area of the business; or (Urg. 3341-10196,3431-7/99,3470-11100) g(2) A-business or. concern which,presents any type of live entertainment which, is distinguished or ,characterized by an emphasis upon the display of specified anatomical areas or specified `sexual activities and which 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 and eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. (urg. 3341-10/96,3431-7/99, 3470- 11/00) (35\, 1At least twenty-five percent (25%) of the revenue of the business is derived from-the sale, rade, display or presentation of services; products; or entertainment .which are characterized by an°emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified-Anatomical-areas. (ur9: 334-1o/96. 3431-x/99; 3470-11100) ti Huntington Beach Municipal Code Chapter 5.70 Page 3 of 16 (m)Sex Oriented Hotel/Motel. "Sex Oriented Hotel/Motel" means a hotel or motel, which (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (1) as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed circuit television, video recorders or players or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; and/or (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (2) rents, leases, or lets any room for less than a ten (10) hour period, or advertises the provision of sexually explicit material. See Sex Oriented Business for definition of "regular and substantial course of conduct." (Urg. 3341-10/96,3431-7199,3470-11/00) (n) Sex Oriented Material. "Sex Oriented Material" means any Sex Oriented Merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video tape recording, or other visual representation, characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. (Urg. 3341-10/96, 3431-7/99, 3470-11 /00) (o) Sex Oriented Merchandise. "Sex Oriented Merchandise" means sex oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sex oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and/or battery operated vaginas, and similar sex oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (p) Sex oriented mini-motion icture theater. "Sex Oriented mini-motion picture theater" means an enclosed building with a capacity for less than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (Urg. 3341 -10/96, 3431 -7/99, 3470-11/00) (q) Sex Oriented motion icture arcade. "Sex Oriented motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas . (Urg. 3341 -10/96, 3431 -7/99, 3470-11/00) (r) Sex Oriented motion icture theater. "Sex Oriented motion picture theater" means an enclosed building with a capacity of fifty (50) or more persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (s) S ecified sexual activities. "Specified sexual activities" means any of the following: (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (1)Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, masturbation, including masturbation with the use of inanimate objects, 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: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, urophilia, zooerasty, zoophilia. (urg. 3341-10/96, 3470-11/00) Huntington Beach Municipal Code Chapter 5.70 Page 4 of 16 (2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; (Urg. 3341-10/96) (3)Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or (Urg.3341-10/96) (4) Actual or simulated fondling, erotic or sexually touching of human genitals, pubic region, buttocks, cleft of the buttocks, female breast; or anal region. (Urg. 3341-10/96, 3470- 11/00) (5)Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or (urg. 3341-10/96) (6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or (Urg. 3341-10/96) (7) (8) Human excretion, urination, menstruation, vaginal or anal irrigation. (urg. 3341-10/96) Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical areas are exposed. (Urg. 3341-10/96, 3431-7/99) (t) S ecified anatomical areas. "Specified anatomical areas" means any of the following: (urg. 3341-10/96, 3431-7/99, 3470-11/00) (1) Less than completely and opaquely covered human genitals or pubic region; buttock; or female breast below a point immediately above the top of the areola; or (urg. 3341-10/96) (2) Human male genitalia in a discernibly turgid state, even if completely and opaquely covered. (urg.3341-10/96) (3) Any device, costume, or covering that simulates any of the body parts included in subdivisions (1) and (2) above. (Urg.3341-10/96) 5.70.015 Statements and records. Person(s) required to obtain a Sex Oriented Business Permit shall maintain complete records which can be segregated with regard to all transactions involving such products, merchandise, services or entertainment which are sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. (urg. 3341-10/96, 3431-7/99) Such records shall be maintained for a period of at least three (3) years. (Urg. 3341-10/96) No person required to keep records under this section shall refuse to allow authorized representatives of the Finance Director or his/her designee to examine said records at reasonable times and places. (Urg. 3341-10/96, 3751-11/06) 5.70.020 Permit re uired. (a) No person, association, partnership or corporation shall own, operate, engage in, conduct or carry on, in or upon any premises within the City of Huntington Beach any "Sex Oriented Business", defined in this chapter, without a Sex Oriented Business Permit and a business license from the City of Huntington Beach. (Urg. 3341-10/96, 3431-7/99) (b) To obtain a permit to own, operate, engage in, conduct or carry on any Sex Oriented Business, the Owner shall make application to the Chief of Police, on a form provided by Huntington Beach Municipal Code Chapter 5.70 Page 5 of 16 the Chief of Police. Prior to submitting such application, a non-refundable fee, established by resolution of the City Council, shall be paid to the City to defray, in part, the cost of investigation and report required by this chapter. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. (Urg. 3341-10/96, 3431-7/99) (c) The application for Permit does not authorize the engaging in, operation of, conducting of, or carrying on of any Sex Oriented Business. (Urg. 3341-10/96, 3431-7/99) (d) Only the Owner of the Sex Oriented Business is eligible to obtain a Sex Oriented Business Permit . (Urg. 3341-10/96, 3431-7/99) (e) The Owner shall post the Permit conspicuously in the Sex Oriented Business Premises. (Urg. 3341-10/96, 3431-7/99) (f) The fact that an Owner has other types of state or City permits or licenses does not exempt the Owner from the requirement of obtaining a Sex Oriented Business Permit. (3431-7/99) 5.70.030 A lication for Sex Oriented Business Permit . Each application for a Sex Oriented Business permit shall contain the following information: (Urg. 3341-10/96) (a) Owner Information (Urg. 3341-10/96, 3431-7/99) (1)The full, true name and any other names, including aliases, used by the applicant. (Urg. 3341-10/96) (2) The present business address and telephone number of the applicant. (urg. 3341-10/96, 3431-7/99) (3)Acceptable written proof that the applicant is at least eighteen (18) years of age. (Urg. 3341-10/96, 3431-7/99) (4) The social security number and state driver's license or identification card of the applicant. (3431-7/99) (5) The applicant's fingerprints on a form provided by the Police Department and a color photograph clearly showing the Applicant's face. Any fees for the fingerprints or photograph shall be paid by the Applicant. (3431-7/99) (6) If the applicant intends to operate the Sex Oriented Business under a name other than that of the applicant the applicant shall file the fictitious name of the Sex Oriented Business and show proof of registration of the fictitious name. (Urg. 3341-10/96, 3431-7/99) (7) The business license history of the applicant and whether such applicant, in previous operations in this or any other city, state, or territory under license, has had such license or permit for a Sex Oriented Business or similar type of business revoked or suspended, the reason therefore and the business activity or occupation subsequent to such action of suspension or revocation. (urg. 3341-10/96, 3431-7/99) (8) All felony convictions of the applicant within the last five (5) years; all misdemeanor convictions within the last two (2) years of the applicant of any of the offenses set forth in California Penal Code Section 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now appear or may hereafter be amended or renumbered; or any offense requiring registration under California Penal Code Section 290, and the equivalent of the aforesaid offenses outside of the State of California. (Urg. 3341-10/96, 3431-7/99) Huntington Beach Municipal Code Chapter 5.70 Page 6 of 16 (9)If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, evidence that the corporation is in good standing under the laws of the State of California, the name of the registered corporate agent and the address of the registered office for service of process, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners, and attached a copy of the partnership agreement. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. (urg. 3341-10/96, 3431-7/99, 3470-11/00) (b) Business Information (urg. 3341-10/96) (1)The name and address of the owner and lessor of the real property upon which the business is to be conducted. (Urg. 3341-10/96, 3431-7/99) (2) A description of the type of Sex Oriented Business for which the Permit is requested and the proposed address where the Sex Oriented Business will operate, plus the names and addresses of the owners and lessors of the Sex Oriented Business site. (Urg. 3341-10/96) (3) (4) (5) The address to which notice of action on the application is to be mailed. (Urg. 3341-10/96) The name(s) of the responsible person(s) who will be on the premises to act as manager during the times that the business is open, or a statement that the applicant has not yet selected the manager(s). (3431-7/99) A site plan including floor plan, building elevations and parking lot diagram showing the interior and exterior configuration of the premises, including a statement of the total floor area occupied by the Sex Oriented Business. (urg. 3341-10/96, 3431-7/99) (6) Any other similar permits obtained in other jurisdictions, including year of issuance and name of jurisdiction. (3431-7/99) 5.70.035 Sex Oriented Business Permit Issuance . (Urg. 3341-10/96, 3431-7/99) (a) Within ten (10) business days of receipt of a completed application, as set forth in Section 5.70.030 and payment of the applicable fees, the Chief of Police shall issue a Sex Oriented Business Permit. However, issuance of the permit does not preclude revocation of the permit pursuant to Section 5.70.115. (Urg. 3341-10/96,3431-7199) (b) No sex oriented business shall be issued a permit or permitted to operate within the City if any activity within the establishment is prohibited by federal, state, or local law, provided that the local law is not pre-empted. (3470-11/00) 5.70.040 Sex Oriented Performer Permit (urg. 3341-10/96,3431-7/99) (a) All performers, as defined herein, must obtain a valid sex oriented performance permit from the City. (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (b) To obtain a Sex Oriented Performer Permit, the individual shall make application to the Chief of Police on a form provided by the Chief of Police. Prior to submitting such application, a non-refundable fee, established by resolution of the City Council, shall be paid to the City to defray, in part, the cost of investigation and report required by this chapter. Huntington Beach Municipal Code Chapter 5.70 Page 7 of 16 The report, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. (Urg. 3341-10/96, 3431-7/99) (c) The application for a permit does not authorize the engaging in a performance of live performers depicting specified anatomical areas or involving specified sexual activities. (3431-7/99) (d) A Sex Oriented Performer engaged in live entertainment shall provide proof of a valid Sex Oriented Performer Permit upon demand of a police officer. Failure to provide proof shall be a violation of this Chapter. (3431-7/99) (e) The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining a Sex Oriented Performer Permit. (3431-7/99) (f)The completed application shall contain the following information and be accompanied by the following documents: (urg. 3341-10/96, 3431-7/99) (1)The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant; (Urg. 3341-10/96) (2) The applicant's height, weight, hair and eye color and date and place of birth; (urg. 3341-10/96, 3431-7/99) (3) (4) (5) Present residence address and telephone number; (Urg. 3341-10/96, 3431-7/99) All felony convictions of the applicant within the last five (5) years; all misdemeanor convictions within the last two (2) years of the applicant of any of the offenses set forth in California Penal Code Section 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b), and 647(d) of the California Penal Code as those sections now appear or may hereafter be amended or renumbered, all offenses requiring registration under California Penal Code Section 290; and the equivalent of the aforesaid offenses outside of the State of California. (Urg. 3341-10/96, 3431-7/99) The social security number and state driver's license or identification number of the applicant. (Urg. 3341-10/96, 3431-7/99) (6) Acceptable written proof that the applicant is at least eighteen (18) years of age; (urg. 3341-10/96, 3431-7/99) (7)The applicant's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant; (Urg. 3341-10/96, 3431-7/99) (8) The business address and telephone number where the performance will take place. (3431-7199) (9)Any other similar permits obtained in other jurisdictions, including year of issuance and name of jurisdiction. (3431-7/99) 5.70.045 Sex Oriented Performers Permit Issuance. (Urg. 3341-10/96, 3431-7/99) Within ten (10) business days of receipt of a completed application, as set forth in Section 5.70.040 and payment of the applicable fees, the Chief of Police shall issue a Sex Oriented Performers Permit. However, issuance of the permit does not preclude revocation of the permit pursuant to Section 5.70.120. (Urg. 3341-10/96, 3431-7/99) Huntington Beach Municipal Code Chapter 5.70 Page 8 of 16 5.70.050 A licant to a ear. The applicant for a Sex Oriented Business Permit or a Sex Oriented Performers Permit shall personally appear during normal business hours at the Police Department of the City of Huntington Beach and produce proof that a non-refundable application fee, established by resolution of the City Council, has been paid and shall present the application containing the aforementioned and described information. (Urg. 3341-10/96, 3431-7/99) 5.70.070 Permit renewal . Each Sex Oriented Business Permit and Sex Oriented Performers Permit shall expire one (1) year from the date of issuance . The applicant shall make application for renewal to the Chief of Police on a form provided by the Chief of Police accompanied by the renewal fee and a copy of the Permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the Permit. When made less than thirty (30) days before the expiration date, the expiration of the Permit will not be stayed. (Urg. 3341-10/96, 3431-7/99) If the application conforms to the previously approved application and the Sex Oriented Business has not changed, the permit shall be renewed by the Chief of Police for another year. Notice of such renewal shall be given, in writing, to the permittee within ten (10) business days following the date of receipt of the completed renewal application. Any change or alteration in the location, nature or operation of the Sex Oriented Business will require a new application to be processed in the same manner as the original applications. The renewal fee shall be established by resolution of the City Council. Applications for renewal shall be acted on as provided herein for action upon applications for Permits. '(Urg. 3341-10/96,3431-7/99) The applicant for renewal of a Sex Oriented Business Permit or a Sex Oriented Performers Permit shall personally appear during normal business hours at the Police Department of the City of Huntington Beach and produce proof that a non-refundable application fee, established by resolution of the City Council, has been paid and shall present the application containing the aforementioned and described information. (3431-7/99) 5.70.080 Permits nontransferable. (a) No Sex Oriented Business permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Chief of Police, shall be placed in the name of the surviving partner. A Sex Oriented Business permit issued to a corporation shall be deemed terminated and void when there is a change in any officer or director. (Urg. 3341-10/96, 3431-7/99, 3470-11/00) Any change in the nature or composition of the Sex Oriented Business from one type of Sex Oriented Business use to another type of Sex Oriented Business use shall also render the permit null and void. (Urg. 3341-10/96) (b) No Sex Oriented Business Performer permit may be sold, transferred or assigned to any other person or persons. (3431-7/99) 5.70.090 Sex Oriented Businesses -- Chan e of location or name. (Urg. 3341 -10/96) (a) No Sex Oriented Business shall move from the location specified on its permit until a change of location fee, established by resolution of the City Council, has been deposited with the city, and approval has been obtained from the Chief of Police. Such approval shall not be given unless all requirements and regulations, as provided herein for applications for permits, have been met. (Urg. 3341-10/96, 3431-7/99) Huntington Beach Municipal Code Chapter 5.70 Page 9 of 16 (b) No permit holder shall operate, conduct, manage, engage in, or carry on a Sex Oriented Business under any name other than his name and the name of the business as specified on the applicable permit. (urg. 3341-10/96,3431-7199) (c) Any application for an extension or expansion of a building or other place of business where a Sex Oriented Business is located shall require inspection and shall comply with the provisions and regulations of this Chapter. (urg. 3341-10/96) 5.70.095 Sex Oriented Performer --Chan e of location or name . No permit holder shall perform under any name other than the name specified on his or her permit in any other location other than the location specified on his or her permit. (3431-7/99) 5.70.100 Sex Oriented Business Standards of 0 eration . (Urg. 3341-10/96, 3470-11/00) (a) xcep cifically provided in this Chapter, the Sex Oriented Business shall comply V with the zoning, parking, development and design standards applicable to the zone in which the business is located. (Urg. 3341-10/96) (1) The Sex Oriented Business shall be conducted wholly within a building and shall not be located, in whole or in part, within any portable structure. (Urg. 3341-10/96) (2) All indoor areas of the Sex Oriented Business within which patrons are permitted, except restrooms, shall be open to view at all times. (Urg. 3341-10/96) (b) General Provisions (Urg. 3341-10/96) 1) (No Sex Oriented Material or Sex Oriented Merchandise shall be displayedin-such -manner as to be visible from any location other-than within-the premises occupied'by the Sex Oriented Business. (urg. 3341-10/96)) ,,/(2) ---Noperson under the age of 18 years shall be permitted within the-premises at any time except as pursuant to California Penal Code Section 313.2. (Urg. 3341-10/96, 3431-7/99) V(3) !The xe OrientedBusmess shall riot operate or be-open between the-hours of 2:00 am.` and 11:00 a.m. (Urg. 3341-10/96, 3431-7/99) - (4) (The ex Oriented Business shalI provide and maintain separate restroom-facilities for male'V (patrons and employees and female patrons and employees. Male patrons and employees shall .---be prohibited from using,the restroom(s) for females, and female patrons and employees shall be-prohibited from using the restroom(s) for males, except to carry out duties of repair; maintenance and cleaning of the restroom facilities. The restrooms shall be free from all Sex Oriented Materials and Sex Oriented Merchandise. Restrooms shall not contain television monitors or other motion picture or video projection: recording or reproduction equipment. I The foregoing provisions of this paragraph shall not be applicable to a Sex Oriented Business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as a Sex Oriented Bookstore, and which does not provide restroom facilities to its patrons or the general public. (Urg. 3341-10/96) V (5) (ThoSe)_C`Oriented Business shall not-conduct,- advertise, offer, or solicit any massage, ,r-acupuncture, figure modeling, piercing, tattooing, acupressure or escort services and- shall not allow such activities on the premises. (Urg. 3341-10196,3431-7/99) (c) Any-Sex-Oriented-Business which allows customers to remain-on the premises while V / viewing any live, filmed or recorded entertainment, or while using or consuming the- \ / products or services supplied on the premises, shall conform to the following requirements: (Urg 3341-10/96) Huntington Beach Municipal Code Chapter 5.70 Page 10 of 16 x (2) Landscaping shall conform to the standards established for the zone, except that, if the Sex Oriented Business is the sole use on a lot, no planting shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground. (Urg. 3341-10/96) x (1) The entire exterior grounds, including the parking lot, shall be lighted sufficiently to permit the security personnel to observe activity on the grounds and within automobiles. (Urg. 3341-10/96) The premises within which the Sex Oriented Business is located shall provide sufficient sound absorbing insulation so that noise, generated inside said premises shall not be audible anywhere on any adjacent property or public right of way or within any other building or other separate unit within the same building. (urg. 3341-10/96) No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. (Urg. 3341-10/96) At least one security guard who shall possess a valid license from the State of California shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this Chapter. Any security guard required by this subparagraph shall be uniformed in such manner so as to be readily identifiable as a security guard by the public. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder. (Urg. 3341-10/96, 3431-7/99) Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business. (urg. 3341-10/96) The following additional-regulations shall pertain to Sex Oriented Motion Picture Arcades- f which provide more than one viewing area: (urg. 3341-10/96) (1)Upon application for a Sex Oriented Business Permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty two (32) square feet of floor area with no dimension greater than eight (8) feet. The diagram shall also designate the place at which the Sex Oriented Business Permit and city business license will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The Chief of Police shall waive the foregoing diagram for renewal applications if the Owner adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. (Urg. 3341-10/96) No alteration in the configuration or location of a manager's station(s) may be made without the prior approval of the Chief of Police. (Urg. 3341-10/96, 3431-7/99) It shall be the duty of the Owner(s) to insure that at least one (1) employee is on duty and situated at each manager's station at all times that any patron is present inside the premises. (Urg. 3341-10/96, 3431-7/99) Huntington Beach Municipal Code Chapter 5.70 Page 11 of 16 (4) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. (urg. 3341-10196,3431-7199) (5) It shall be the duty of the Owner(s) and it shall also be the duty of all employees present on the premises to insure that the view area specified above remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this subsection. (Urg. 3341-10/96, 3431-7/99) (6) No Individual Viewing Area may be occupied by more than one person at any one time. "Individual Viewing Area" shall mean a viewing area designed for occupancy by c/ one person. Individual Viewing Areas of the Sex Oriented Business shall be operated J and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two (2) or more Individual Viewing Areas . (Urg. 3341-10/96, 3431-7/99) (7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than ten (10) foot candle as measured at the floor level. (Urg. 3341-10/96, 3431-7/99) (8) It shall be the duty of the Owner(s) and it shall also be the duty of all employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present on the premises. (Urg. 3341-10/96,3431-7/99) (e) The -following additional requirements shall pertain to Sex Oriented Businesses providing / live entertainment. (urg. 3341-10/96, 3470-11/00) (1) No person shall perform , and no owner, operator, or manager of a Sex Oriented Business shall permit live entertainment for patrons of a Sex Oriented Business except where: (Urg. 3341-10/96, 3470-11/00) (i) if unclothed performed upon a stage or platform located at least eighteen (18) inches above the level of the floor; and (urg. 3341-10/96,3431-7/99,3470 -11/00) (ii) whether clothed or unclothed, a distance of at least six (6) feet is maintained between any performer and any patron. (Urg. 3341-10/96,3431-7/99,3470-11100) The Sex Oriented Business shall provide separate dressing room facilities for performers which are exclusively dedicated to the entertainers' use. (Urg. 3341-10/96, 3431-7/99) The Sex Oriented Business shall provide an entrance/exit to the premises for performers which is separate from the entrance/exit used by patrons. (Urg. 3341-10/96, 3431-7/99) No performer shall have intentional physical contact with any patron, and no patron shall have intentional physical contact with any performer while on the premises which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of such other person's body. (Urg. 3341-10/96, 3431-7/99) Huntington Beach Municipal Code Chapter 5.70 Page 12 of 16 (5) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the K separations between performers and patrons required by this Section. (Urg. 3341-10/96, 3431-7/99) (6) The Sex Oriented Business shall maintain a file containing the Performer Permit of all performers at the business. The file shall be available for viewing during all police inspections. (3431-7/99) 5.70.110 Ins ections. (Urg. 3341-10/96, 3431-7/99) The permit holder shall allow the City of Huntington Beach and its authorized representatives to conduct reasonable unscheduled inspections of the premises of the Sex Oriented Business for the purpose of ensuring compliance with the law at any time the Sex Oriented Business is open for business or is occupied; provided, whenever any city official relies upon this section to gain access to the permit holder's establishment without paying any otherwise applicable admission fee or cover charge, any person employed by the permit holder to collect such admission fees or cover charges may require such official, before admitting such official to the establishment, to produce identification indicating the official's name, branch of city government by which such official is employed, and the job title such official holds within that branch of city government. (Urg. 3341-10/96, 3431-7/99) 5.70.115 Revocation of a Sex Oriented Business Permit . (3431-7/99) (a) The Chief of Police shall revoke a Sex Oriented Business Permit when: (Urg. 3341-10/96, 3431-7/99) (1)The permit holder is convicted of a felony or misdemeanor occurring upon or relating to the premises or lot upon which the Sex Oriented Business is located which offense is classified by the state as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code § 290, or any violation of Penal Code § 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647; or (Urg. 3341-10/96, 3431-7/99) (2) If, on two (2) or more occasions within a twelve (12) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in this section as a result of such person's activity on the premises or property on which the Sex Oriented Business is located, and the person or persons were employees, contractors or agents of the Sex Oriented Business at the time the offenses were committed; or (urg. 3341-10/96, 3431-7/99) (3) If the permit holder or an employee has knowingly allowed prostitution, or solicitation for prostitution, knowingly allowed or permitted any act of sexual intercourse; sodomy, oral copulation, or masturbation to be committed or allowed in or upon the premises where such Sex Oriented Business is to be located, or to be used as a place in which solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur or (Urg. 3341-10/96, 3431-7/99) (4) The Sex Oriented Business has been operated in violation of any of the requirements of the Huntington Beach Municipal Code if (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (i)the violation is of a continuous nature (i.e. cannot be remedied by immediate cessation of the activity such as a building or structural violation), the Business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the Owner, or (urg. 3341-10/96, 3470-11/00) Huntington Beach Municipal Code Chapter 5.70 Page 13 of 16 (ii) the violation is of a noncontinuous nature, two (2) or more violations of the same provision or four (4) or more violations of any other of the provisions of the Huntington Beach Municipal Code occur (regardless of whether notice of each individual violation is given to Owner) within any twelve (12) month period; or (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (5) The applicant has made material misrepresentations or fraudulent, false, or misleading statements in the application; or (3431-7/99) (6) Permit holder has had a Sex Oriented Business permit or other similar license or permit denied or revoked for cause by this city or any other jurisdiction located in or out of this state prior to the date of application; or (3431-7/99) (7) That the Permit holder, his or her employee, agent, partner, director, officer, stockholder or manager has not within two (2) years of the date of the application knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed or allowed in or upon the premises where such Sex Oriented Business is to be located, or to be used as a place in which solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur. (Urg. 3341-10/96, 3431-7/99) (b) Upon determining that grounds for permit revocation exist, Chief of Police shall furnish written notice of the revocation to the Permit holder. Such notice shall summarize the principal reasons for the revocation. (Urg. 3341-10/96, 3431-7/99) (c) Upon receipt of written notice of revocation, if the Permit holder files within thirty (30) days a petition for writ of mandate in state court to review the revocation, then the City shall not enforce the revocation unless the Superior Court has denied the writ or the City has obtained injunctive relief. The notice will be deemed received if the Chief of Police has placed the notice in first class mail and the notice is not returned within ten (10) days and the City has made a good faith attempt at personal service. (3431-7/99, 3470-11/00) If Permit holder fails to file a writ of mandate within thirty (30) days of receipt of written notice of revocation, the City shall enforce the revocation. (3431-7/99) 5.70.120 Revocation of a Sex Oriented Performer Permit. (3431-7/99) (a) The Chief of Police shall revoke a Sex Oriented Performer Permit when: (3431-7/99) (1) The applicant has made material misrepresentations or false or misleading statements in the application; or (3431-7/99) (2) The Permit holder is convicted of a felony or misdemeanor which offense is classified by the state as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code § 290, or any violation of Penal Code § 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647(a), 653.22; or (3431-7/99,3470-11/00) (3)The Sex Oriented Performer has violated the requirements of the Huntington Beach Municipal Code; or (3431-7/99, 3470-11/00) (4) Permit holder has had a Sex Oriented Performer Permit or other similar license or permit denied or revoked for cause by this city or any other jurisdiction located in or out of this state within one (1) year prior to the date of application. (3431-7/99, 3470-11/00) Huntington Beach Municipal Code Chapter 5.70 Page 14 of 16 (5) Upon determining that grounds for permit revocation exist, Chief of Police shall furnish written notice of the revocation to the Permit holder. Such notice shall summarize the principal reasons for the revocation. (3431-7/99) (b) Upon receipt of written notice of revocation, if the Permit holder files within thirty (30) days a petition for writ of mandate in state court to review the revocation, then the City shall not enforce the revocation unless the Superior Court has denied the writ, or the City has obtained injunctive relief. The notice will be deemed received if the Chief of Police has placed the notice in first class mail and the notice is not returned within ten (10) days and the City has made a good faith attempt at personal service. (3431-7/99, 3470-11/00) (c) If Permit holder fails to file a writ of mandate within thirty (30) days of receipt of written notice of revocation, the City shall enforce the revocation. (3431-7/99) 5.70.130 Re ulations Nonexclusive. The provisions of this article regulating Sex Oriented Businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Huntington Beach. (Urg. 3341-10/96) 5.70.140 Violation--Penal . Any violation of this chapter shall be punishable by: (urg. 3341-10/96, 3470-11/00) (a) Administrative Citation. Violation of this Chapter is subject to the issuance of an administrative citation under the provisions of Chapter 1.18 of this Code. An operator may be cited for violations occurring on the premise in their presence or for knowingly permitting violations of this Chapter; (3470-11/00) (b) Civil Action. The City Attorney may institute an action in any court of competent jurisdiction, including an action to abate a nuisance, to restrain, enjoin, or abate the condition(s) found to be in violation of this provisions of this Chapter, as provided by law. (3470-11/00) (c) It shall be a violation of this Chapter for any principal, including but not limited to any operator, to permit, procure, counsel or assist any agent of that principal, including but not limited to an employee or independent contractor, to violate any provision of this Chapter. (3470-11/00) 5.70.150 Unlawful o eration declared nuisance . Any Sex Oriented Business operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance. (urg. 3341-10/96, 3470-11/00) 5.70.160 Minors and Intoxicated Persons. (Urg. 3341-10/96) (a) It shall be a misdemeanor for any person under the age of eighteen (18) years or any obviously intoxicated person to enter or remain on the premises of a Sex Oriented Business at any time except as pursuant to California Penal Code Section 313.2. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the Sex Oriented Business. (Urg. 3341-10/96, 3431-7/99) (1) Every person having responsibility for the operation of a Sex Oriented Business who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly allows such minor to enter or remain on the premises of the business is guilty of a misdemeanor. (Urg. 3341-10/96) (2) Every person having responsibility for the operation of a Sex Oriented Business who allows any obviously intoxicated person to enter or remain on the premises of the business is guilty of a misdemeanor. (Urg. 3341-10/96) Huntington Beach Municipal Code Chapter 5.70 Page 15 of 16 (b) For purposes of this section, the holder of a Sex Oriented Business Permit when present on the premises, and the manager or other person(s) in charge of the premises, are persons having responsibility for the operation of the business. The term "minor" shall mean any person under the age of eighteen (18) years. (Urg. 3341-10/96) 5.70.170 Em to ment of Persons Without Permits Unlawful. (a) It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of a Sex Oriented Business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked Sex Oriented Performer Permit. (Urg. 3341-10/96, 3431-7/99) (b) The owner, operator, manager or permittee in charge of or in control of the Sex Oriented Business which provides live entertainment shall provide proof of a valid Sex Oriented Performer Permit for each individual engaged in live performance upon demand of a police officer. Failure to provide proof is a violation of this chapter. (3431-7/99) 5.70.180 Severabili . If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each Section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (urg. 3341-10/96) Huntington Beach Municipal Code Chapter 5.70 Page 16 of 16 Beckman, Ha den From: William Hugron [william@ashwillassociates.com] Sent: Tuesday, January 17, 2012 6:09 PM To: Beckman, Hayden Cc: info@paradispecialtieshb.com Subject: Paradise Specialties address Hayden, Paradise Specialties current address is 7344 Center Ave, HB. He is being forced to relocate due to the redevelopment of the site. After speaking to the owner of the business he feels initially his clothing (lingerie, shoes, accessories) sales will only represent 40% of his gross sales. He will not be able to achieve 75%. This may affect the location and the need for a CUP. How can we comply with the city in finding a location where he can comply with the zoning and not require a CUP? The problem with a CUP is the $4,000 cost and 4-6 months. He needs to be out of his current location this month and can not afford to be without a location for 4-6 months. It would be a shame for a 20 + year Huntington Beach business that never had any problems to relocate to Westminster because they are more business friendly. Your help would be greatly appreciated. William Hugron, CCIM, SIOR, LEED Green Associate, CLC, CDP, SCSM, CIPS, TRC, CPM, RPA, RECS, c-Pro Senior Vice President DRE# 00803524 1501 Quail Street,Suite 150 Newport Beach.CA 92660 (949) 751-3132 Direct (949) 751-3131 Main (949) 7510187 Direct Fax email: whu ron ashwilloc.com www.ashwillassociates.com htt ://www.linkedin.com/ ub/william-hu ron-ccim-sior-alc-cls-ci s-c m/2/718/644 `WA Please consider the environment before printing this email. Thank you. -cefowtl rYsob -L e vc - pe-ta 1 • e (L. t N W?-'Tin Pro C?'. Beckman, Ha den From: William Hugron [william@ashwillassociates.com] Sent: Tuesday, January 17, 2012 6:09 PM To: Beckman, Hayden Cc: info@paradispecialtieshb.com L,-ccNMVTZ ryt p4Eildties aSubject. Paradise Specia dress (S Vl4kp - f2(Z Hayden,- 17 PAZr I _1 Wws - r3 op-nor. Paradise Specialties current address is 7344 Center Ave, HB. He is being forced to relocate due to the redevelopment of the site. After speaking to the owner of the business he feels initially his clothing (lingerie, shoes, accessories) sales will only represent 40% of his gross sales. He will not be able to achieve 75%. This may affect the location and the need for a CUP. How can we comply with the city in finding a location where he can comply with the zoning and not require a CUP? The problem with a CUP is the $4,000 cost and 4-6 months. He needs to be out of his curre ion this month and can not afford to be without a location for 4-6 months. It would be a shame for a 20 + year Huntington Beach business th nt er had any probl msto rel tto Westminster because they are more business friendly. nl j ri YL' t r ^SO ADO (I Your help would be greatly appreciated. -? (5( L I s?"3William Hugron , CC1111, SIOR, LEED Green Associate, CLC, CDP, SCSM, CIPS, TRC, CPM, RPA, REC a-Pro.` t. Senior Vice President DRE# 00803524 1501 Quail Street,Suite 150 Lt 0 Newport Beach.CA 92660 c "[`0y5 (949) 751-3132 Direct (949) 751-3131 Main v 1 y) (949) 751 0187 Direct Fax 1 Q .9/ l"GI " t email: whu ron ashwilloc.com ., c www.ashwillassociates .com /L "M&) L 7C ATi pt-1 / htt ://www.linkedin.com/ ub/william-hu ron-ccim-sior-alc-cls-ci s-c m/2/718/644 Please consider the environment before printing this email. Thank you. I-;LAL Tart ?-°4 scc ol -b r ss C I z 1 KPMM-SO 1 ta c 'Lori .rtaNor A 5CS 100 10A P *Ml-rG• Zo?-tZ : 2,2 : (L - [ I l tv I l ' c r ' 1 N C r s C S S K - r 1 + • 51'ij'--/FLOoR-f(' • #' S• -L -l I 11,e) II t)ohs P&Lowt Tb 5%O Mrc-rgt.. ba - eL CNIA)10PO' (x'05 1JOT1Ftarrwri -0 -cCtt& s4 o ro 6ijS tJ s - 1-I - : A btwi 5-bo /S- . ,s,c o C'' tue, I - -'i -.7-- APPLICATION FOR CERTIFICATE OF OCCUFANCY CITY OF HUNTINGTON BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT -r,^.7 .,4 T ,PE JYI r 4 1 I A1d•.r-.-' 37 y emre.e. R" ' '_ Buer-, Nn^+-_-_.»° ' 1•rS_i -- p 'C14 ['[sS r A C, -__ __ BJ46P5'Tyr _ QEIl44~ .. Address A?L3. ,G1LL'Rr .Qr ry A 1.•.- THIS USE WOULD BE DESCRIBED AS: r NEVJI Y CONGTFJ:TFr' R_E-•.RUI•'r.r,Lai FXIS7ir('- SCUAnh 1 OF Bull 'lltlf . 7c • trf F NOTICE. = (FOR OFFICE USE ONLY) f 'ev 3"A SUPPLEMENTALINFORMATIO.*(T r; `! 'V,, NO OF STORIES AI 1t.l!': A: T., d; - ... • • . t •fi • r Ali; -_ OCCUPANT t OAf) .C 7 --_'_-- - -I t ir.•I1 T,.. ,..f A, r., .i r.• 41;'J"IVA[-- OCCUPANCY GROUF u/-, 9.) / i --Hor^r T': 7wXY6-+<r' C]l i'rs•Y ,IE :r ;,C: Lf'ANT At,! .T; it ut • 11 UPANT 1. Occupancy of any building is prohibited and a busmessl cerise will not be issued until the building has been inspected and a certificate of occupancy is issded 2 No electrical service will be released for any existing building until the service has been inspected and certified safe All applicants for occupancy in an exrsiirig building are required to schedule an electricar 'fuse up' inspec...,- - the Department of Community Development at Ine time this application is filed. 3 Ch,,nge of oce Ppancy or use inspection fee. Whenever it is necessary to make inspection of a building or premises in or Je. to determine If a change may be made in the character of occupancy or use of the building or premises which would place the building in a different division of the same group of occupancy or in a different group of occupancy. a change of occupancy inspection fee of S shall be paid to the city 4 Huntington Beach Fire Code Section 10208 requires that budding numbers must be a minimum of four (4) inches in height with one half ('.,t inch stroke. and of a contrasting color from the background. These numbers must be posted on your building in a location that is sisrtle from the etreet 5 Huntington Beach Fire Code Section TO 301 requires fire extinguisher selection and dislr:bution per the National Fire Protection Association pamphlet 10 (see reverse side) PPRO:r BY L-l: i "At.t.r . •r W4 , ... ''I :.•, (, . 7074; I's 75-039 Re.. 11,'90 CCf. Ut1li7 L.4-111c". _f:i I F I A I ( Chapter 5.70 SEX ORIENTED BUSINESSES (2523-12/81, Urg. Ord. 3341-10/96, 3431-7/99, 3470-11/00, 3751-11/06) Sections: 5.70.05 Purpose 5.70.010 Definitions 5.70.015 Statements And Records 5.70.020 Permit Required 5.70.030 Application For Sex Oriented Business Permit 5.70.035 Sex Oriented Business Permit Issuance 5.70.040 Sex Oriented Performer Permit 5.70.045 Sex Oriented Performers Permit Issuance 5.70.050 Applicant To Appear 5.70.055 Repealed - Ord. 3431 - 7/99 5.70.060 Repealed - Ord. 3431 - 7/99 5.70.065 Repealed - Ord. 3431 - 7/99 5.70.070 Permit Renewal 5.70.080 Permits Nontransferable 5.70.090 Sex Oriented Businesses--Change Of Location Or Name 5.70.095 Sex Oriented Performer--Change Of Location Or Name 5.70.100 Sex Oriented Business Standards Of Operation 5.70.110 Inspections 5.70.115 Revocation of a Sex Oriented Business Permit 5.70.120 Revocation of a Sex Oriented Performer Permit 5.70.130 Regulations Nonexclusive 5.70.140 Violation--Penalty 5.70.150 Unlawful Operation Declared Nuisance 5.70.160 Minors And Intoxicated Persons 5.70.170 Employment Of Persons Without Permits Unlawful 5.70.180 Severability 5.70.05 Pur ose. The intent of this ordinance is to regulate businesses which, unless closely regulated, tend to have serious secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of Sex Oriented Businesses; interference with residential property owners enjoyment of their property when such property is located in the vicinity of Sex Oriented Businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of Sex Oriented Businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the Sex Oriented Businesses. (urg. 3341-10/96) It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this Chapter to restrict or deny access by adults to Sex Oriented Materials or to deny access by the distributors or exhibitors of Sex Oriented Businesses to their intended market. (urg. 3341-10/96) Nothing in this Chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances , unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. (Urg. 3341-10/96) Huntington Beach Municipal Code Chapter 5.70 Page 1 of 16 5.70.010 Definitions. (a) Cabaret. "Cabaret" means a nightclub, theater or other establishment which regularly features live performances distinguished or characterized by an emphasis upon specified sexual activities or specifies anatomical areas. (Urg. 3341-10/96, 3431-7/99) (b) Chief of Police. "Chief of Police" means the Chief of Police or his or her designee. (urg. 3341-10/96) (c) Distin uished or characterized b an em hasis u on. "Distinguished or characterized by an emphasis upon" means 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 ). (urg. 3341-10/96) (d) Encounter Center. "Encounter center" or "rap studio " means any business , agency or person who, for any form of compensation, consideration or gratuity, regularly provides a place where two or more persons may congregate , assemble or associate for the primary purpose of engaging in, describing or discussing specified sexual activities , or exposing specified anatomical areas. (urg. 3341-10/96, 3431-7/99) (e) Entertainment. "Entertainment" shall mean any human body activity in a Sex-Oriented Business, whether performed alone or with other persons, including but not limited to singing, speaking, dancing, acting, posing, modeling, simulating sexual activity, wrestling, pantomiming, or the public display of specified anatomical areas for the purpose of holding or gaining the attention of, diverting or amusing guests or patrons. "Entertainment" shall be synonymous with "performance." (3470-11/00) (f) Permit holder or Permittee. "Permit holder" or "Permittee" shall refer to the person or entity to whom the permit is issued and shall include, but not be necessarily limited to the following: (urg. 3341-10/96, 3431-7/99, 3470-11/00) (1) the sole proprietor of a Sex Oriented Business; (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (2) the partnership owning a Sex Oriented Business, and each of the partners; or (urg. 3341-10/96, 3431-7/99, 3470-11 /00) (3) the corporation owning a Sex Oriented Business and each of its officers and directors, but not individual shareholders. For purposes of this Chapter, "corporation" shall also include not-for-profit corporations and limited liability corporations. (Urg. 3341-10/96, 3431-7/99, 3470-11 /00) (g) Operator: The permittee or the owner(s); the manager(s), as identified by the permittee, as identified by the manager him or herself or by the employees; or the person, who at any given time, is primarily responsible for the operation of the business. (3470-11/00) (h) Performer. "Performer" means any person who dances, models, engages in entertainment, and/or performs specified sexual activities or displays specified anatomical areas in a sex oriented business. Performer shall include persons engaged in or providing entertainment whether they are employees or independent contractors of a sex oriented business and whether or not they entertain with or without compensation or other form of consideration, and whether clothed or unclothed. (3431-7/99, 3470-11/00) Huntington Beach Municipal Code Chapter 5.70 Page 2 of 16 (i)Re larl Features. "Regularly features" with respect to a Sex Oriented theater or Sex Oriented 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 occur 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 and eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (j) Seminude. "Seminude" 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. (urg. 3341-10/96, 3431-7/99, 3470-11/00) (k) Sex Oriented Bookstore. "Sex Oriented bookstore" means an establishment having as a regular and substantial portion of its stock, revenue, interior business or floor space for display or distribution in trade, books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material. (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (1)Sex Oriented Business. "Sex Oriented Business" means any business establishment or concern which as a regular and substantial course of conduct performs or operates as a Sex Oriented Bookstore, Sex Oriented Theater, Sex Oriented Motion Picture Arcade, Cabaret, Encounter Center, Sex Oriented Motel/Hotel, or sells, displays or distributes Sex Oriented Merchandise or Sex Oriented Material, or any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas but not including those uses or activities, the regulation of which is preempted by state law. "Sex Oriented Business" shall also include any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place in lingerie to a point where specified anatomical parts are exposed. As used in this chapter, the terms "regular and substantial course of conduct" and "regular and substantial portion of its business" shall mean any Sex Oriented Business where one or more of the following conditions exist: (Urg. 3341-10/96,3431-7/99,3470-11/00) (1) The area(s) devoted to the display of sex oriented merchandise and/or sex oriented material exceeds twenty-five (25%) percent of the total stock, inventory, interior business display or floor space, total display area of the business; or (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (2) A business or concern which presents any type of live entertainment which is distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities and which 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 and eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. (urg. 3341-10/96,3431-7/99,3470- 11/00) (3)At least twenty-five percent (25%) of the revenue of the business is derived from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical areas. (Urg. 3341-10/96, 3431-7/99,3470-11/00) Huntington Beach Municipal Code Chapter 5.70 Page 3 of 16 (m)Sex Oriented Hotel/Motel. "Sex Oriented Hotel/Motel" means a hotel or motel, which (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (1) as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed circuit television, video recorders or players or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; and/or (urg. 3341-10/96, 3431-7/99, 3470-11/00) (2) rents, leases, or lets any room for less than a ten (10) hour period, or advertises the provision of sexually explicit material. See Sex Oriented Business for definition of "regular and substantial course of conduct." (Urg. 3341-10/96,3431-7/99,3470-11/00) (n) Sex Oriented Material. "Sex Oriented Material" means any Sex Oriented Merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video tape recording, or other visual representation, characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (o) Sex Oriented Merchandise. "Sex Oriented Merchandise" means sex oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sex oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and/or battery operated vaginas, and similar sex oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (p) Sex oriented mini-motion icture theater. "Sex Oriented mini-motion picture theater" means an enclosed building with a capacity for less than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (urg. 3341 -10/96 ,3431 -7/99, 3470 -11/00) (q) Sex Oriented motion icture arcade. "Sex Oriented motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. (Urg. 3341 -10/96, 3431 -7/99, 3470 -11/00) (r) Sex Oriented motion icture theater. "Sex Oriented motion picture theater" means an enclosed building with a capacity of fifty (50) or more persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting , describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (s) S ecified sexual activities. "Specified sexual activities" means any of the following: (urg. 3341-10/96, 3431-7/99, 3470-11/00) (1)Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, masturbation, including masturbation with the use of inanimate objects, 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: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, urophilia, zooerasty, zoophilia. (urg. 3341-10/96, 3470-11/00) Huntington Beach Municipal Code Chapter 5.70 Page 4 of 16 (2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; (Urg. 3341-10/96) (3)Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or (Urg. 3341-1 019 6) (4) Actual or simulated fondling, erotic or sexually touching of human genitals, pubic region, buttocks, cleft of the buttocks, female breast; or anal region. (urg. 3341-10/96, 3470- 11/00) (5)Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or (urg. 3341-10/96) (6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or (Urg. 3341-10/96) (7) (8) Human excretion, urination, menstruation, vaginal or anal irrigation. (Urg. 3341-10/96) Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical areas are exposed. (Urg. 3341 -10/96, 3431-7/99) (t) S ecified anatomical areas. "Specified anatomical areas" means any of the following: (urg. 3341-10/96, 3431-7/99, 3470-11/00) (1)Less than completely and opaquely covered human genitals or pubic region; buttock; or female breast below a point immediately above the top of the areola; or (urg. 3341-10/96) (2) Human male genitalia in a discernibly turgid state, even if completely and opaquely covered. (Urg.3341-10/96) (3) Any device, costume, or covering that simulates any of the body parts included in subdivisions (1) and (2) above. (Urg. 3341.10/96) 5.70.015 Statements and records . Person(s) required to obtain a Sex Oriented Business Permit shall maintain complete records which can be segregated with regard to all transactions involving such products, merchandise, services or entertainment which are sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. (urg. 3341-10/96, 3431-7/99) Such records shall be maintained for a period of at least three (3) years. (Urg. 3341-10/96) No person required to keep records under this section shall refuse to allow authorized representatives of the Finance Director or his/her designee to examine said records at reasonable times and places. (Urg. 3341-10/96,3751-11/06) 5.70.020 Permit re uired. (a) No person, association, partnership or corporation shall own, operate, engage in, conduct or carry on, in or upon any premises within the City of Huntington Beach any "Sex Oriented Business", defined in this chapter, without a Sex Oriented Business Permit and a business license from the City of Huntington Beach. (urg. 3341-10/96,3431-7/99) (b) To obtain a permit to own, operate, engage in, conduct or carry on any Sex Oriented Business, the Owner shall make application to the Chief of Police, on a form provided by Huntington Beach Municipal Code Chapter 5.70 Page 5 of 16 the Chief of Police. Prior to submitting such application, a non-refundable fee, established by resolution of the City Council, shall be paid to the City to defray, in part, the cost of investigation and report required by this chapter. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. (Urg. 3341-10/96, 3431-7/99) (c) The application for Permit does not authorize the engaging in, operation of, conducting of, or carrying on of any Sex Oriented Business. (Urg. 3341-10/96, 3431-7/99) (d) Only the Owner of the Sex Oriented Business is eligible to obtain a Sex Oriented Business Permit. (Urg. 3341-10/96, 3431-7/99) (e) The Owner shall post the Permit conspicuously in the Sex Oriented Business Premises. (urg. 3341-10/96, 3431-7/99) (f) The fact that an Owner has other types of state or City permits or licenses does not exempt the Owner from the requirement of obtaining a Sex Oriented Business Permit. (3431-7/99) 5.70.030 A lication for Sex Oriented Business Permit . Each application for a Sex Oriented Business permit shall contain the following information: (urg. 3341-10/96) (a) Owner Information (Urg. 3341-10/96, 3431-7/99) (1)The full, true name and any other names, including aliases, used by the applicant. (urg. 3341-10/96) (2) The present business address and telephone number of the applicant. (Urg. 3341-10/96, 3431-7/99) (3)Acceptable written proof that the applicant is at least eighteen (18) years of age. (urg. 3341-10/96, 3431-7/99) (4) The social security number and state driver's license or identification card of the applicant. (3431-7199) (5) The applicant's fingerprints on a form provided by the Police Department and a color photograph clearly showing the Applicant's face. Any fees for the fingerprints or photograph shall be paid by the Applicant. (3431-7/99) (6) If the applicant intends to operate the Sex Oriented Business under a name other than that of the applicant the applicant shall file the fictitious name of the Sex Oriented Business and show proof of registration of the fictitious name. (Urg. 3341 -10/96,3431-7/99) (7) The business license history of the applicant and whether such applicant, in previous operations in this or any other city, state, or territory under license, has had such license or permit for a Sex Oriented Business or similar type of business revoked or suspended, the reason therefore and the business activity or occupation subsequent to such action of suspension or revocation. (urg. 3341-10/96, 3431-7/99) (8) All felony convictions of the applicant within the last five (5) years; all misdemeanor convictions within the last two (2) years of the applicant of any of the offenses set forth in California Penal Code Section 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now appear or may hereafter be amended or renumbered; or any offense requiring registration under California Penal Code Section 290, and the equivalent of the aforesaid offenses outside of the State of California. (urg. 3341-10/96, 3431-7/99) Huntington Beach Municipal Code Chapter 5.70 Page 6 of 16 (9)If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, evidence that the corporation is in good standing under the laws of the State of California, the name of the registered corporate agent and the address of the registered office for service of process, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners, and attached a copy of the partnership agreement. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (b) Business Information (urg. 3341-10/96) (1)The name and address of the owner and lessor of the real property upon which the business is to be conducted. (Urg. 3341-10/96, 3431-7/99) (2) A description of the type of Sex Oriented Business for which the Permit is requested and the proposed address where the Sex Oriented Business will operate, plus the names and addresses of the owners and lessors of the Sex Oriented Business site. (urg. 3341-10/96) (3) The address to which notice of action on the application is to be mailed. (urg. 3341-10/96) (4) The name(s) of the responsible person(s) who will be on the premises to act as manager during the times that the business is open, or a statement that the applicant has not yet selected the manager(s). (3431-7/99) (5) A site plan including floor plan, building elevations and parking lot diagram showing the interior and exterior configuration of the premises, including a statement of the total floor area occupied by the Sex Oriented Business. (urg. 3341-10/96, 3431-7/99) (6) Any other similar permits obtained in other jurisdictions , including year of issuance and name of jurisdiction . (3431-7/99) 5.70.035 Sex Oriented Business Permit Issuance . (Urg. 3341-10/96, 3431-7/99) (a) Within ten (10) business days of receipt of a completed application, as set forth in Section 5.70.030 and payment of the applicable fees, the Chief of Police shall issue a Sex Oriented Business Permit. However, issuance of the permit does not preclude revocation of the permit pursuant to Section 5.70.115. (Urg. 3341-10/96, 3431-7/99) (b) No sex oriented business shall be issued a permit or permitted to operate within the City if any activity within the establishment is prohibited by federal, state, or local law, provided that the local law is not pre-empted. (3470-11/00) 5.70.040 Sex Oriented Performer Permit (Urg. 3341-10/96, 3431-7/99) (a) All performers, as defined herein, must obtain a valid sex oriented performance permit from the City. (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (b) To obtain a Sex Oriented Performer Permit, the individual shall make application to the Chief of Police on a form provided by the Chief of Police. Prior to submitting such application, a non-refundable fee, established by resolution of the City Council, shall be paid to the City to defray, in part, the cost of investigation and report required by this chapter. Huntington Beach Municipal Code Chapter 5.70 Page 7 of 16 The report, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. (Urg. 3341-10/96, 3431-7/99) (c) The application for a permit does not authorize the engaging in a performance of live performers depicting specified anatomical areas or involving specified sexual activities. (3431-7/99) (d) A Sex Oriented Performer engaged in live entertainment shall provide proof of a valid Sex Oriented Performer Permit upon demand of a police officer. Failure to provide proof shall be a violation of this Chapter. (3431-7/99) (e) The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining a Sex Oriented Performer Permit. (3431-7/99) (f)The completed application shall contain the following information and be accompanied by the following documents: (urg. 3341-10/96, 3431-7/99) (1)The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant; (Urg. 3341-10/96) (2) The applicant's height, weight, hair and eye color and date and place of birth; (urg. 3341-10/96, 3431-7/99) (3) (4) (5) Present residence address and telephone number ; (Urg. 3341 -10/96 , 3431-7/99) All felony convictions of the applicant within the last five (5) years; all misdemeanor convictions within the last two (2) years of the applicant of any of the offenses set forth in California Penal Code Section 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b), and 647(d) of the California Penal Code as those sections now appear or may hereafter be amended or renumbered, all offenses requiring registration under California Penal Code Section 290; and the equivalent of the aforesaid offenses outside of the State of California . (Urg. 3341-10/96 ,3431-7/99) The social security number and state driver's license or identification number of the applicant . (Urg. 3341-10/96, 3431-7/99) (6) Acceptable written proof that the applicant is at least eighteen (18) years of age; (urg. 3341-10/96, 3431-7/99) (7)The applicant's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant; (Urg. 3341-10/96, 3431-7/99) (8) The business address and telephone number where the performance will take place. (3431-7/99) (9)Any other similar permits obtained in other jurisdictions, including year of issuance and name of jurisdiction. (3431-7/99) 5.70.045 Sex Oriented Performers Permit Issuance . (Urg. 3341-10/96, 3431-7199) Within ten (10) business days of receipt of a completed application, as set forth in Section 5.70.040 and payment of the applicable fees, the Chief of Police shall issue a Sex Oriented Performers Permit. However, issuance of the permit does not preclude revocation of the permit pursuant to Section 5.70.120. (Urg. 3341-10/96, 3431-7/99) Huntington Beach Municipal Code Chapter 5.70 Page 8 of 16 5.70.050 A licant to a ear. The applicant for a Sex Oriented Business Permit or a Sex Oriented Performers Permit shall personally appear during normal business hours at the Police Department of the City of Huntington Beach and produce proof that a non-refundable application fee, established by resolution of the City Council, has been paid and shall present the application containing the aforementioned and described information. (Urg. 3341-10/96, 3431-7/99) 5.70.070 Permit renewal . Each Sex Oriented Business Permit and Sex Oriented Performers Permit shall expire one (1) year from the date of issuance. The applicant shall make application for renewal to the Chief of Police on a form provided by the Chief of Police accompanied by the renewal fee and a copy of the Permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the Permit. When made less than thirty (30) days before the expiration date, the expiration of the Permit will not be stayed. (Urg. 3341-10/96, 3431-7/99) If the application conforms to the previously approved application and the Sex Oriented Business has not changed, the permit shall be renewed by the Chief of Police for another year. Notice of such renewal shall be given, in writing, to the permittee within ten (10) business days following the date of receipt of the completed renewal application. Any change or alteration in the location, nature or operation of the Sex Oriented Business will require a new application to be processed in the same manner as the original applications. The renewal fee shall be established by resolution of the City Council. Applications for renewal shall be acted on as provided herein for action upon applications for Permits. (Urg. 3341-10/96, 3431-7/99) The applicant for renewal of a Sex Oriented Business Permit or a Sex Oriented Performers Permit shall personally appear during normal business hours at the Police Department of the City of Huntington Beach and produce proof that a non-refundable application fee, established by resolution of the City Council, has been paid and shall present the application containing the aforementioned and described information. (3431-7/99) 5.70.080 Permits nontransferable. (a) No Sex Oriented Business permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Chief of Police, shall be placed in the name of the surviving partner. A Sex Oriented Business permit issued to a corporation shall be deemed terminated and void when there is a change in any officer or director. (urg. 3341-10/96, 3431-7/99, 3470-11/00) Any change in the nature or composition of the Sex Oriented Business from one type of Sex Oriented Business use to another type of Sex Oriented Business use shall also render the permit null and void. (Urg. 3341-10/96) (b) No Sex Oriented Business Performer permit may be sold, transferred or assigned to any other person or persons. (3431-7/99) 5.70.090 Sex Oriented Businesses -- Chan e of location or name. (Urg. 3341-10/96) (a) No Sex Oriented Business shall move from the location specified on its permit until a change of location fee, established by resolution of the City Council, has been deposited with the city, and approval has been obtained from the Chief of Police. Such approval shall not be given unless all requirements and regulations, as provided herein for applications for permits, have been met. (Urg. 3341-10/96, 3431-7/99) Huntington Beach Municipal Code Chapter 5.70 Page 9 of 16 (b) No permit holder shall operate, conduct, manage, engage in, or carry on a Sex Oriented Business under any name other than his name and the name of the business as specified on the applicable permit. (Urg. 3341-10/96 , 3431-7/99) (c) Any application for an extension or expansion of a building or other place of business where a Sex Oriented Business is located shall require inspection and shall comply with the provisions and regulations of this Chapter. (urg. 3341-10/96) 5.70.095 Sex Oriented Performer --Chan e of location or name . No permit holder shall perform under any name other than the name specified on his or her permit in any other location other than the location specified on his or her permit. (3431-7/99) 5.70.100 Sex Oriented Business Standards of 0 eration. (Urg. 3341-10/96, 3470 -11/00) (a) Except as specifically provided in this Chapter, the Sex Oriented Business shall comply with the zoning, parking, development and design standards applicable to the zone in which the business is located. (Urg. 3341-10/96) (1) The Sex Oriented Business shall be conducted wholly within a building and shall not be located, in whole or in part, within any portable structure. (Urg. 3341-10/96) (2) All indoor areas of the Sex Oriented Business within which patrons are permitted, except restrooms, shall be open to view at all times. (Urg. 3341-10/96) (b) General Provisions (Urg. 3341-10/96) (1)No Sex Oriented Material or Sex Oriented Merchandise shall be displayed in such manner as to be visible from any location other than within the premises occupied by the Sex Oriented Business. (urg. 3341-10/96) (2) No person under the age of 18 years shall be permitted within the premises at any time except as pursuant to California Penal Code Section 313.2. (Urg. 3341-10/96,3431-7/99) (3) The Sex Oriented Business shall not operate or be open between the hours of 2:00 a.m. and 11:00 a.m. (Urg. 3341-10/96, 3431-7/99) (4) The Sex Oriented Business shall provide and maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from all Sex Oriented Materials and Sex Oriented Merchandise. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not be applicable to a Sex Oriented Business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as a Sex Oriented Bookstore, and which does not provide restroom facilities to its patrons or the general public. (Urg. 3341-10/96) (5) The Sex Oriented Business shall not conduct, advertise, offer, or solicit any massage, acupuncture, figure modeling, piercing, tattooing, acupressure or escort services and shall not allow such activities on the premises. (urg. 3341-10/96,3431-7/99) (c) Any Sex Oriented Business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or services supplied on the premises, shall conform to the following requirements: (Urg. 3341-10/96) Huntington Beach Municipal Code Chapter 5.70 Page 10 of 16 (1)At least one security guard who shall possess a valid license from the State of California shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this Chapter. Any security guard required by this subparagraph shall be uniformed in such manner so as to be readily identifiable as a security guard by the public. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder . (Urg. 3341 -10196,3431-7/99) (2) Landscaping shall conform to the standards established for the zone, except that, if the Sex Oriented Business is the sole use on a lot, no planting shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground. (Urg. 3341-10/96) (3)The entire exterior grounds, including the parking lot, shall be lighted sufficiently to permit the security personnel to observe activity on the grounds and within automobiles. (urg.3341-10/96) (4) The premises within which the Sex Oriented Business is located shall provide sufficient sound absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right of way or within any other building or other separate unit within the same building. (Urg. 3341-10/96) (5) No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. (urg. 3341-10/96) (6) Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business. (urg. 3341-10/96) (d) The following additional regulations shall pertain to Sex Oriented Motion Picture Arcades which provide more than one viewing area: (Urg. 3341-10/96) (1)Upon application for a Sex Oriented Business Permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty two (32) square feet of floor area with no dimension greater than eight (8) feet. The diagram shall also designate the place at which the Sex Oriented Business Permit and city business license will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The Chief of Police shall waive the foregoing diagram for renewal applications if the Owner adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. (Urg. 3341-10/96) (2) No alteration in the configuration or location of a manager's station(s) may be made without the prior approval of the Chief of Police. (Urg. 3341-10/96, 3431-7/99) (3) It shall be the duty of the Owner(s) to insure that at least one (1) employee is on duty and situated at each manager's station at all times that any patron is present inside the premises. (Urg. 3341-10/96, 3431-7/99) Huntington Beach Municipal Code Chapter 5.70 Page 11 of 16 (4) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. (Urg. 3341-10/96, 3431-7/99) (5) It shall be the duty of the Owner(s) and it shall also be the duty of all employees present on the premises to insure that the view area specified above remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this subsection. (urg. 3341-10/96, 3431-7/99) (6) No Individual Viewing Area may be occupied by more than one person at any one time. "Individual Viewing Area" shall mean a viewing area designed for occupancy by one person. Individual Viewing Areas of the Sex Oriented Business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two (2) or more Individual Viewing Areas. (Urg. 3341-10/96, 3431-7/99) (7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than ten (10) foot candle as measured at the floor level. (Urg. 3341-10/96, 3431-7/99) (8) It shall be the duty of the Owner(s) and it shall also be the duty of all employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present on the premises. (Urg. 3341 -10196,3431-7/99) (e) The following additional requirements shall pertain to Sex Oriented Businesses providing live entertainment. (Urg. 3341-10/96, 3470-11/00) (1)No person shall perform, and no owner, operator, or manager of a Sex Oriented Business shall permit live entertainment for patrons of a Sex Oriented Business except where: (Urg. 3341-10/96, 3470-11/00) (i) if unclothed performed upon a stage or platform located at least eighteen (18) inches above the level of the floor; and (urg. 3341-10/96, 3431-7/99, 3470-11/00) (ii) whether clothed or unclothed, a distance of at least six (6) feet is maintained between any performer and any patron. (urg. 3341-10/96, 3431-7/99, 3470-11/00) (2) The Sex Oriented Business shall provide separate dressing room facilities for performers which are exclusively dedicated to the entertainers' use. (urg. 3341-10/96, 3431-7/99) (3)The Sex Oriented Business shall provide an entrance/exit to the premises for performers which is separate from the entrance/exit used by patrons. (Urg. 3341 -10/96, 3431-7/99) (4) No performer shall have intentional physical contact with any patron, and no patron shall have intentional physical contact with any performer while on the premises which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of such other person's body. (Urg. 3341-10/96, 3431-7/99) Huntington Beach Municipal Code Chapter 5.70 Page 12 of 16 (5) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between performers and patrons required by this Section. (urg. 3341-10/96, 3431-7/99) (6) The Sex Oriented Business shall maintain a file containing the Performer Permit of all performers at the business. The file shall be available for viewing during all police inspections. (3431-7/99) 5.70.110 Ins ections. (Urg. 3341-10/96, 3431-7/99) The permit holder shall allow the City of Huntington Beach and its authorized representatives to conduct reasonable unscheduled inspections of the premises of the Sex Oriented Business for the purpose of ensuring compliance with the law at any time the Sex Oriented Business is open for business or is occupied; provided, whenever any city official relies upon this section to gain access to the permit holder's establishment without paying any otherwise applicable admission fee or cover charge, any person employed by the permit holder to collect such admission fees or cover charges may require such official, before admitting such official to the establishment, to produce identification indicating the official's name, branch of city government by which such official is employed, and the job title such official holds within that branch of city government. (Urg. 3341-10/96, 3431-7/99) 5.70.115 Revocation of a Sex Oriented Business Permit . (3431-7/99) (a) The Chief of Police shall revoke a Sex Oriented Business Permit when: (urg. 3341-10/96, 3431-7/99) (1)The permit holder is convicted of a felony or misdemeanor occurring upon or relating to the premises or lot upon which the Sex Oriented Business is located which offense is classified by the state as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code § 290, or any violation of Penal Code § 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647; or (Urg. 3341-10/96, 3431-7/99) (2) If, on two (2) or more occasions within a twelve (12) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in this section as a result of such person's activity on the premises or property on which the Sex Oriented Business is located, and the person or persons were employees, contractors or agents of the Sex Oriented Business at the time the offenses were committed; or (urg. 3341-10/96,3431-7/99) (3)If the permit holder or an employee has knowingly allowed prostitution, or solicitation for prostitution, knowingly allowed or permitted any act of sexual intercourse; sodomy, oral copulation, or masturbation to be committed or allowed in or upon the premises where such Sex Oriented Business is to be located, or to be used as a place in which solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur or (Urg. 3341-10/96, 3431-7/99) (4) The Sex Oriented Business has been operated in violation of any of the requirements of the Huntington Beach Municipal Code if (Urg. 3341-10/96,3431-7/99, 3470-11/00) (i)the violation is of a continuous nature (i.e. cannot be remedied by immediate cessation of the activity such as a building or structural violation), the Business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the Owner, or (Urg. 3341-10/96, 3470-11/00) Huntington Beach Municipal Code Chapter 5.70 Page 13 of 16 (ii) the violation is of a noncontinuous nature, two (2) or more violations of the same provision or four (4) or more violations of any other of the provisions of the Huntington Beach Municipal Code occur (regardless of whether notice of each individual violation is given to Owner) within any twelve (12) month period; or (Urg. 3341-10/96, 3431-7/99, 3470-11/00) (5) The applicant has made material misrepresentations or fraudulent, false, or misleading statements in the application; or (3431-7/99) (6) Permit holder has had a Sex Oriented Business permit or other similar license or permit denied or revoked for cause by this city or any other jurisdiction located in or out of this state prior to the date of application; or (3431-7199) (7) That the Permit holder, his or her employee, agent, partner, director, officer, stockholder or manager has not within two (2) years of the date of the application knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed or allowed in or upon the premises where such Sex Oriented Business is to be located, or to be used as a place in which solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur. (urg. 3341-10/96, 3431-7/99) (b) Upon determining that grounds for permit revocation exist, Chief of Police shall furnish written notice of the revocation to the Permit holder. Such notice shall summarize the principal reasons for the revocation. (Urg. 3341-10/96, 3431-7/99) (c) Upon receipt of written notice of revocation, if the Permit holder files within thirty (30) days a petition for writ of mandate in state court to review the revocation, then the City shall not enforce the revocation unless the Superior Court has denied the writ or the City has obtained injunctive relief. The notice will be deemed received if the Chief of Police has placed the notice in first class mail and the notice is not returned within ten (10) days and the City has made a good faith attempt at personal service. (3431-7/99, 3470-11/00) If Permit holder fails to file a writ of mandate within thirty (30) days of receipt of written notice of revocation, the City shall enforce the revocation. (3431-7/99) 5.70.120 Revocation of a Sex Oriented Performer Permit . (3431-7/99) (a) The Chief of Police shall revoke a Sex Oriented Performer Permit when: (3431-7/99) (1) The applicant has made material misrepresentations or false or misleading statements in the application; or (3431-7/99) (2) The Permit holder is convicted of a felony or misdemeanor which offense is classified by the state as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code § 290, or any violation of Penal Code § 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647(a), 653.22; or (3431-7/99,3470-11/00) (3)The Sex Oriented Performer has violated the requirements of the Huntington Beach Municipal Code; or (3431-7/99,3470-11100) (4) Permit holder has had a Sex Oriented Performer Permit or other similar license or permit denied or revoked for cause by this city or any other jurisdiction located in or out of this state within one (1) year prior to the date of application . (3431-7/99, 3470-11/00) Huntington Beach Municipal Code Chapter 5.70 Page 14 of 16 (5) Upon determining that grounds for permit revocation exist, Chief of Police shall furnish written notice of the revocation to the Permit holder. Such notice shall summarize the principal reasons for the revocation. (3431-7/99) (b) Upon receipt of written notice of revocation, if the Permit holder files within thirty (30) days a petition for writ of mandate in state court to review the revocation, then the City shall not enforce the revocation unless the Superior Court has denied the writ, or the City has obtained injunctive relief. The notice will be deemed received if the Chief of Police has placed the notice in first class mail and the notice is not returned within ten (10) days and the City has made a good faith attempt at personal service. (3431-7/99, 3470-11/00) (c) If Permit holder fails to file a writ of mandate within thirty (30) days of receipt of written notice of revocation, the City shall enforce the revocation. (3431-7/99) 5.70.130 Re ulations Nonexclusive. The provisions of this article regulating Sex Oriented Businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Huntington Beach. (Urg. 3341-10/96) 5.70.140 Violation-Penal . Any violation of this chapter shall be punishable by: (Urg. 3341-10/96, 3470-11/00) (a) Administrative Citation. Violation of this Chapter is subject to the issuance of an administrative citation under the provisions of Chapter 1.18 of this Code. An operator may be cited for violations occurring on the premise in their presence or for knowingly permitting violations of this Chapter; (3470-11/00) (b) Civil Action. The City Attorney may institute an action in any court of competent jurisdiction, including an action to abate a nuisance, to restrain, enjoin, or abate the condition(s) found to be in violation of this provisions of this Chapter, as provided by law. (3470-11/00) (c) It shall be a violation of this Chapter for any principal, including but not limited to any operator, to permit, procure, counsel or assist any agent of that principal, including but not limited to an employee or independent contractor, to violate any provision of this Chapter. (3470-11/00) 5.70.150 Unlawful o eration declared nuisance . Any Sex Oriented Business operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance . (Urg. 3341-10/96, 3470-11/00) 5.70.160 Minors and Intoxicated Persons. (Urg. 3341-10196) (a) It shall be a misdemeanor for any person under the age of eighteen (18) years or any obviously intoxicated person to enter or remain on the premises of a Sex Oriented Business at any time except as pursuant to California Penal Code Section 313.2. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the Sex Oriented Business. (urg. 3341-10/96, 3431-7/99) (1) Every person having responsibility for the operation of a Sex Oriented Business who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly allows such minor to enter or remain on the premises of the business is guilty of a misdemeanor. (urg. 3341-10196) (2) Every person having responsibility for the operation of a Sex Oriented Business who allows any obviously intoxicated person to enter or remain on the premises of the business is guilty of a misdemeanor. (Urg. 3341-10/96) Huntington Beach Municipal Code Chapter 5.70 Page 15 of 16 (b) For purposes of this section, the holder of a Sex Oriented Business Permit when present on the premises, and the manager or other person(s) in charge of the premises, are persons having responsibility for the operation of the business. The term "minor" shall mean any person under the age of eighteen (18) years. (Urg. 3341-10/96) 5.70.170 Em lo ment of Persons Without Permits Unlawful. (a) It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of a Sex Oriented Business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked Sex Oriented Performer Permit. (Urg. 3341-10/96, 3431-7/99) (b) The owner, operator, manager or permittee in charge of or in control of the Sex Oriented Business which provides live entertainment shall provide proof of a valid Sex Oriented Performer Permit for each individual engaged in live performance upon demand of a police officer. Failure to provide proof is a violation of this chapter. (3431-7/99) 5.70.180 Severabili . If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each Section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (urg. 3341-10/96) Huntington Beach Municipal Code Chapter 5.70 Page 16 of 16 Building Planning City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF COMMUNITY DEVELOPMENT 536-5241 536-5271 March 20, 1998 Ms. Rosalie Taddeo Paradise Specialties 7344 Center Avenue Huntington Beach, CA 92647 RE: Notice of Nonconforming Status - PARADISE SPECIALTIES Dear Ms. Taddeo: On January 5, 1998, the City Council adopted Ordinance No. 3378. Ordinance No 3378 is the amended zoning provisions regulating sex oriented (adult) businesses. On February 4, 1998, Ordinance No. 3378 became effective. The ordinance established that sex oriented businesses are permitted in the industrial zones of the city. Businesses such as yours that were established in the commercial zones are deemed nonconforming. This letter serves as formal notice that Paradise S ecialties is deemed a nonconformin use ursuant to Section 212.04 of the Huntin ton Beach Zonin and Subdivision Ordinance HBZSO and must cease o erations within three ears of the date of this notice. As part of Ordinance No. 3378, Chapter 236 includes a three year amortization period for the nonconforming sex oriented businesses with provision for five, one year extensions, subject to approval by the Planning Commission. These provisions are found in Chapters 212 and 236 of the HBZSO which are enclosed for your review. If you wish to apply for a one year extension of the amortization period, you must do so within six months of this notice (September 21, 1998). You may obtain an extension application from the Community Development Department. The application fee is $100. At the time of submittal to the Community Development Department, the application must be accompanied with the $100 filing fee, documentation that the investment in the sex oriented business cannot be recovered within the three year amortization period, a written narrative, conceptual site plan, photographs, and public notification requirements pursuant to Chapter 248.04 of the HBZSO and Government Code Section 65091. Applications for further extensions must be filed at least nine (9) months before the current one (1) year extension (if approved) is to expire. (g\hf\sob\paradise) • Paradise Specialties March 20, 1998 Page Two If you have any questions regarding this matter, you may contact Herb Fauland, Senior Planner at (714) 536-5271. Sincerely, Melanie S. Fallon Community Development Director encl.: HBZSO Chapters 212 & 236 xc: Property Owner Jerwel Enterprises 7400 Center Avenue, Suite 206 Huntington Beach, CA 92647 (g\hflsoblparadise) t Chapter 212 I Industrial Districts (3254-10/94, 3378-2/98, 3523-2/02, 3568-9/02, Emergency Ord. 3703-3/21/05 , 3708-6/05, 3724-02/06, 3788-12/07, 3843-11/09, 3860-2/10, 3869-3/10) Sections: 212.02 Industrial Districts Established 212.04 IG and IL Districts: Land Use Controls 212.06 IG and IL Districts: Development Standards 212.08 Review of Plans 212.02 Industrial Districts Established (3254-10/94) Two (2) industrial zoning districts are established by this chapter as follows: (3254-10/94) A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. (3254-10/94) B. The IL Limited Industrial District provides sites for moderate- to low-intensity industrial uses, commercial services and light manufacturing. (3254-10/94) 212.04 IG and IL Districts : Land Use Controls (3254-10/94,378a-12/07) In the following schedules, letter designations are used as follows: (3254-10/94) "P" designates use classifications permitted in the I districts. (3254-10/94) "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. (3254-10/94) "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. (3254-10/94) "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. (3254-10/94) "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. (3254-10/94) "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. (3254-10/94) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 3/31/10 Page 1 of 11 r IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use - - Not Permitted Residential Group Residential IG PC IL PC Additional Provisions (J) Public and Semipublic (A)(M)(3708-6/05, 3724-02/06) Community and Human Service Facilities P P (L)(3708-6/05, 3724-02106,3860-2/10) Day Care, General ZA ZA (3523-2/02) Heliports PC PC (0) Maintenance & Service Facilities ZA ZA (3708-6/05) Public Safety Facilities Religious Assembly P ZA P ZA (3724-02/06) Schools, Public or Private L-6 L-6 Utilities, Major Utilities, Minor PC L-7 PC L-7 (P) Commercial Uses (D)(M) Ambulance Services Animal Sales and Services Animal Boarding ZA ZA ZA ZA (3523-2/02) Animal Hospitals ZA ZA (3523-2/02) Artists' Studios Banks and Savings and Loans P L-1 P L-1 Building Materials and Services Catering Services P - P P Commercial Filming Commercial Recreation and Entertainment ZA L-2 ZA L-2 Communication Facilities L-12 L-12 (3568-9102) Eating & Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U) (3523-2/02) Food & Beverage Sales ZA ZA (3523-2/02) Hospitals and Medical Clinics -PC Laboratories Maintenance & Repair Services Marine Sales and Services Nurseries Offices, Business & Professional P P P P L-1 P P P P L-l (H) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 2 of 11 3/31/10 IG AND IL P - Permitted DISTRICTS : L - Limited (see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use - Not Permitted Additional IG IL Provisions Personal Enrichment L-9 L-9 Personal Services L-1 L-1 PC (3523-2/02) Quasi Residential PC PC (K) (3708-6/05) Research & Development Services P P Sex Oriented Businesses L-11 L-11 (3378-2/98) (regulated by HBMC Chapter 5.70) (3378-2/98) Sex Oriented Businesses PC PC (R) (3378-2/98) (regulated by HBMC Chapter 5.60) (3843-11/09) Swap Meets, Indoor/Flea Markets Vehicle/Equipment Sales & Services PC (Q) Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (1) Visitor Accommodations ZA ZA (3708-6/05) Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) Industry, Custom P P Industry, General P P Industry, Limited P P Industry, R & D P P Wholesaling, Distribution & Storage P P Accessory Uses Accessory Uses and Structures Temporary Uses Commercial Filming, Limited Real Estate Sales Trade Fairs Nonconforming Uses (U) (B)(M)(N) P/U P/U (C) P P (T) (3523-2/02) P P (3523-2/02,3708-6/05) P P (E) (3708-6/05) (F) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 3 of 11 3131110 IG AND IL Districts : Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements: (3254-10/94 , 3708-6105) Minimum site area: 3 acres (3254-10/94) Maximum commercial s ace: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. (3254-10/94) Phased develo ment: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. (3254- 10/94) L-2 Allowed upon approval of a conditional use permit by the Zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. (3254-10/94, 3708-6/05) L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a free- standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. (3254-10/94,3523-2/02) L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. (3254-10/94) L-5 No new or used automobile, truck or motorcycle retail sales are permitted. (3254-10/94) L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. (3254-10/94) L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. (3254-10/94, 3708-6/05) L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5% may be occupied by secondary tenants. (3254 -10/94) L-9 Permitted if the space is 5,000 square feet or less; allowed by Neighborhood Notification pursuant to Chapter 241 if the space is over 5,000 square feet. (3254-10/94, 3523-2/02,3708-6/05) L-10 RESERVED (3254-10/94,3523-2/02, 3724-02/06) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 4 of 11 3/31/10 IG AND IL Districts : Additional Provisions (continued) L-11 Allowed subject to the following requirements: (3378-2/98) A. A proposed sex oriented business shall be at least five hundred feet (500') from any residential use, school, park and recreational facility, or any building used for religious assembly (collectively referred to as a "sensitive use") and at least seven hundred fifty feet (750') from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. (3378-2/98) To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: (3378-2/98) 1. the lot line of any other sex oriented business within seven hundred fifty feet (750') of the lot line of the proposed sex oriented business; and (3378-2/98) 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred (500') feet of the lot line of the proposed sex oriented business; and (3378-2/98) 3. the lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet (500') of the lot line of the proposed sex oriented business . (3378- 2/98) B. The front facade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. (3378-2/98) C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten (10) days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within ten (10) days. Within thirty days of receipt of a completed application, the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 5 of 11 3131/10 IG AND IL Districts: Additional Provisions (continued) Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking & Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures. (3378-2/98) 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and (3378-2/98) b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major, primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. (3378-2/98) D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. (3378-2/98) E. Ten (10) working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review, the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and (ii) give mailed notice of the application to property owners within one thousand (1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. (3378-2/98) The notice of application shall include the following: (3378-2/98) 1. Name of applicant; (3378-2/98) 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; (3378-2198) 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; (3378-2/98) 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 6 of 11 3131110 IG AND IL Districts: Additional Provisions (continued) 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten (10) working days from staff review submittal; and (3378-2/98) 6. The address of the Department of Community Development. (3378-2/98) F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. (3378-2/98) G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: (3378-2/98) 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or (3378-2/98) 2.The use is established. (3378-2/98) H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. (3378-2/98) I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. (3378-2/98) L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) (A) Repealed. (3254-10/94, 3708-6/05) (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (3254-10/94) (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (3254-10/94) (D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial . (3254 -10/94) (E) See Section 241.22: Temporary Use Permits. (3254-10/94) (F) See Chapter 236: Nonconforming Uses and Structures. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 3/31/10 Page 7 of 11 IG AND IL Districts: Additional Provisions (continued) (H) m Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. (3254-10/94) Administrative, management, regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (3254 -10/94) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (3254-10/94) (a) The site shall not be located within 660 feet of an R district. (3254-10/94) (b) All special metal cutting and compacting equipment shall be completely screened from view. (3254-10/94) (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (3254-10/94) (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (3254-10/94) Limited to facilities serving workers employed on-site. (3254-10/94) Limited to: Single Room Occupancy uses (See Section 230.46). (3254-10/94 ,3708-6/05) Limited to Emergency Shelters. (See Section 230.52 Emergency Shelters.) (3254-10/94, 3860-2/10) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (3254-10/94, 3523-2/02) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (3254-10/94) See Section 230.40: Helicopter Takeoff and Landing Areas. (3254-10/94) See Section 230.44: Recycling Operations. (3254-10194) See Section 230.50: Indoor Swap Meets/Flea Markets (3254-10/94) See L-11(A) relating to locational restrictions. (3254-10/94, 3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 8 of 11 3/31/10 IG AND IL Districts : Additional Provisions (continued) (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3523-2/02) (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director. (3523-2/02) (U)Neighborhood notification requirements when no entitlement required pursuant to Chapter 241. (3523-2/02, 3708-6/05) 212.06 IG AND IL Districts: Development Standards The following schedule prescribes development standards for the I Districts. The first two columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column reference requirements following the schedule or located elsewhere in this ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions. (3254-10/94) IG IL Additional Requirements Residential Development (M) Nonresidential Development Minimum Lot Area (sq. ft.)20,000 20,000 (A)(B) (3708-06/05) Minimum Lot Width (ft.)100 100 (A)(B) Minimum Setbacks (A)(C) Front (ft.)10;20 10;20 (D) Side (ft.)0 15 (E)(F) (3708-06/05) Street Side (ft.)10 10 Rear (ft.)0 0 (E) (3708-06105) Maximum Height of Structures (ft.)40 40 (G) Maximum Floor Area Ratio (FAR)0.75 0.75 Minimum Site Landscaping (%)8 8 (H)(I) IG IL Additional Requirements Fences and Walls Off-Street Parking and Loading See Section 230.88 See Chapter 231 (J) Outdoor Facilities Screening of Mechanical Equipment See Section 230.74 See Section 230.76 (K) Refuse Storage Area Underground Utilities Performance Standards See Section 230.78 See Chapter 17.64 See Section 230.82 (L) Nonconforming Uses and Structures Signs See Chapter 236 See Chapter 233 Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 9 of 11 3/31/10 IG AND IL Districts : Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (3254-10/94) (B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with an approved development plan and tentative subdivision map. (3254-10/94) (C) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (3254-10/94) (D) The minimum front setback shall 10 feet and the average setback 20 feet, except for parcels fronting on local streets where only a 10 foot setback is required. (3254-10/94) All I Districts: An additional setback is required for buildings exceeding 25 feet in height (1 foot for each foot of height) and for buildings exceeding 150 feet in length (1 foot for each 10 feet of building length) up to a maximum setback of 30 feet. (3254-10/94) (E) In all I districts, a 15-foot setback is required abutting an R district and no openings in buildings within 45 feet of an R district. (3254-10/94) (F) A zero-side yard setback may be permitted in the I districts, but not abutting an R district, provided that a solid wall at the property line is constructed of maintenance-free masonry material and the opposite side yard is a minimum of 30 feet. (3254-10/94) Exception. The Zoning Administrator or Planning Commission may approve a conditional use permit to allow a 15-foot interior side yards opposite a zero-side yard on one lot, if an abutting side yard at least 15 feet wide is provided and access easements are recorded ensuring a minimum 30-foot separation between buildings. This 30-foot accessway must be maintained free of obstructions and open to the sky, and no opening for truck loading or unloading shall be permitted in the building face fronting on the accessway unless a 45-foot long striped areas is provided solely for loading and unloading entirely within the building. (3254-10/94) (G) See Section 230.70: Measurement of Height. Within 45 feet of an R district, no building or structure shall exceed a height of 18 feet. (3254-10/94) (H) Planting Areas. Required front and street-side yards adjacent to a public right-of-way shall be planting areas except for necessary drives and walks. A 6-foot wide planting area shall be provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area. (3254-10/94) (I) (J) (K) (L) See Chapter 232: Landscape Improvements. (3254-10/94) Truck or rail loading, dock facilities, and the doors for such facilities shall not be visible from or be located within 45 feet of an R district. (3254-10/94) See Section 230.80: Antennae. (3254-10194) Noise. No new use shall be permitted, or exterior alterations and/or additions to an existing use allowed, within 150 feet of an R district until a report prepared by a California state-licensed acoustical engineer is approved by the Director. This report shall include recommended noise Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 10 of 11 3/31/10 mitigation measures for the industrial use to ensure that noise levels will conform with Chapter 8.40 of the Municipal Code. The Director may waive this requirement for change of use or addition or exterior alteration to an existing use if it can be established that there had been no previous noise offense, that no outside activities will take place, or if adequate noise mitigation measures for the development are provided. (3254-10/94) (M) Group residential or accessory residential uses shall be subject to standards for minimum setbacks and height of the RH District. (3254-10/94) 212.08 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Planning Department for review. Discretionary review shall be required as follows: (3254-10/94,3708-6/05) A. Zonin Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects including a zero-side yard exception; projects on substandard lots. (3254-10/94) B. Desi Review Board. See Chapter 244.(3254-10/94 ,3869-3/10) C. Plannin Commission. Projects requiring a conditional use permit from the Commission. (3254-10/94) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 11 of 11 3/31/10 Sections: 212.02 Industrial Districts Established 212.04 IG and IL Districts: Land Use Controls 212.06 IG and IL Districts: Development Standards 212.08 Review of Plans 212.02 Industrial Districts Established (3254-10/94) Two (2) industrial zoning districts are established by this chapter as follows: (3254-10/94) A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. (3254-10/94) B. The IL Limited Industrial District provides sites for moderate- to low-intensity industrial uses, commercial services and light manufacturing. (3254-10/94) 212.04 IG and IL Districts: Land Use Controls (3254-10/94) In the following schedules, letter designations are used as follows: (3254-10/94) "P" designates use classifications permitted in the I districts. (3254-10/94) "L" designates use classifications subject to-certain limitations prescribed by the "Additional Provisions" which follow. (325410/94) "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. (3254-10/94) "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. (3254-10/94) "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. (325410/94) "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. (3254-10/94) Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-1 10/94 IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use - - Not Permitted Residential Group Residential IG PC IL PC Additional Provisions (J) Public and Semipublic (A)(M) Community and Human Service Facilities PC PC (L) Day Care, General Heliports Maintenance & Service Facilities PC PC PC PC (0) Public Safety Facilities Religious Assembly P L-10 P L-10 Schools, Public or Private L-6 L-6 Utilities, Major Utilities, Minor PC L-7 PC L-7 (P) Commercial Uses (D)(M) Ambulance Services Animal Sales and Services Animal Boarding ZA - ZA PC Animal Hospitals -PC Artists' Studios Banks and Savings and Loans P L-1 P L-1 Building Materials and Services Catering Services P - P P Commercial Filming Commercial Recreation and Entertainment ZA L-2 ZA L-2 Communication Facilities Eating & Drinking Establishments P L-3 P L-3 Food & Beverage Sales Hospitals and Medical Clinics PC - PC PC Laboratories Maintenance & Repair Services Marine Sales and Services P P P P P P I,Nurseries Offices, Business & Professional P L-1 P L-1 (H) Huntington Beach Zoning and Subdivision Ordinance - - Chapter 212 212-2 10194 IG AND IL P - Permitted DISTRICTS: L - Limited (see Additional Provisions LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use - Not Permitted l E i hP IG L 9 IL L 9 Additional Provisions ersona nr mentc -- Personal Services L-1 L-1 Research & Development Services Sex Oriented Businesses P L-11 P L-1 1 (3378-298) (regulated by HBMC Chapter 5.70)78-2W) Sex Oriented Businesses PC PC (R)(M78-M8) (regulated by HBMC Chapters 5.24 & 5.60)(3378-2(98) Swap Meets, Indoor/Flea Markets Vehicle/Equipment Sales & Services Service Stations PC L-4 PC L-4 (Q) Vehicle/Equipment Repair Vehicle/Equip. Sales/Rentals P L-5 P L-5 Vehicle Storage Visitor Accommodations Warehouse and Sales Outlets P PC L-8 ZA PC L-8 (I) (K) Industrial (See Chapter 204)(B)(M)(N) Industry, Custom Industry, General Industry, Limited d R & DI P P P P P P P Pnustry, Wholesaling, Distribution & Storage Accessory Uses Accessory Uses and Structures Temporary Uses Real Estate Sales Trade Fairs Nonconforming Uses P P/U P TU P P/U P TU (C) (E) (F) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-3 2198 IG AND IL Districts : Additional Provisions L-1 Only'allowed upon approval of a conditional use permit by the Planning Commission for a mixed use project, subject to the following requirements: (3254-10194) Minimum site area: 3 acres (325410/94) Maximum commercial s ace: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. (3254-10/94) Phased develo ment: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. (3254-10194) L-2 Allowed upon approval of a conditional use permit by the Planning Commission when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. (3254-10/94) L-3 Allowed upon approval of a conditional use permit by the Planning Commission when in a free-standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. (3254-10/94) L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. (325410/94) L-5 No new or used automobile, truck or motorcycle retail sales are permitted. (3254-10/94) L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted (3254-10/94) L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Planning Commission. (3254-10/94) L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5% may be occupied by secondary tenants. (3254-10194) L-9 Allowed by conditional use permit approval by the Zoning Administrator if the space is 2,500 square feet or less; allowed by conditional use permit approval by the Planning Commission if the space is over 2,500 square feet. (3254-10194) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-4 10/94 IG AND IL Districts: Additional Provisions (continued) L-10 Allowed by conditional use permit approval by the Zoning Administrator as a secondary use; allowed by conditional use permit approval by the Planning Commission as a primary use for a period of time not to exceed five (5) years. (325410194) L-11 Allowed subject to the following requirements: (3378.2/98) A. A proposed sex oriented business shall be at least five hundred feet (500') from any residential use, school, park and recreational facility, or any building used for religious assembly (collectively referred to as a "sensitive use") and at least seven hundred fifty feet (750') from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. (3378-2rs8) To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: (3378-298) 1. the lot line of any other sex oriented business within seven hundred fifty feet (750) of the lot line of the proposed sex oriented business, and (3378-2/98) 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred (500) feet of the lot line of the proposed sex oriented business; and (3378-298) 3. the lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet (500') of the lot line of the proposed sex oriented business. (3378- 2/98) B. The front facade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. (3378-2198) C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten (10) days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within ten (10) days. Within thirty days of receipt of Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-5 2/98 IG AND IL Districts: Additional Provisions (confirmed) a completed application, the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: (3378-2rsa) 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking & Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures. (3378-2198) 2. Chapter 233.08(b), Signs Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and (3378- 2/98) b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major, primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. (3378-2198) D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. (3378-298) E. Ten (10) working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review, the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and (ii) give mailed notice of the application to property owners within one thousand (1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. (3378-298) The notice of application shall include the following: (3378-2198) 1. Name of applicant; (3378-2rs8) 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; (3378-298) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-6 2/98 IG AND IL Districts: Additional Provisions (continued) 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; (3378-2198) 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; (3378-2(98) 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten (10) working days from staff review submittal, and (3378-298) 6. The address of the Department of Community Development. (3378-298) F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. (3378-298) G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless- (3378-2/98) 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or (3378-2/98) 2. The use is established. (3378-2/98) H. The validity of a sex oriented business zoning permit shall not be affected by changes* in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. (3378-2/98) I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. (3378-2/98) (A) Limited to facilities on sites of 2 acres or less. (3254-10/94) (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (3254-10/94) (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (3254-10/94) (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-7 2/98 IG AND IL Districts: Additional Provisions (continues) D)Adjunct office and commercial space, not to exceed 25 percent of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (3254-10194) (E) See Section 241.22: Temporary Use Permits. (3254-10/94) (F) See Chapter 236: Nonconforming Uses and Structures. (3254-10194) (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. (3254-10/94) Administrative, management, regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (3254-10/94) (I) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (325410/94) (a) The site shall not be located within 660 feet of an R district. (3254-10/94) (b) All special metal cutting and compacting equipment shall be completely screened from view. (325410/94) (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (325410/94) (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (325410/94) Limited to facilities serving workers employed on-site. (3254-10/94) See Section 230.46: Single Room Occupancy. (3254-10/94) Limited to Emergency Shelters. (3254-10/94) New construction and initial establishment of a permitted use shall be subject to the approval of a conditional use permit by the Zoning Administrator unless Planning Commission approval is required. Change of use shall be subject to the approval of the Director unless the new use requires approval of a conditional use permit. (325410/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-5 10/94 IG AND IL Districts: Additional Provisions (continued) Major outdoor operations require conditional use permit approval by the Planning Commission Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (3254-10/94) See Section 230.40 : Helicopter Takeoff and Landing Areas. (3254-10/94) See Section 230.44: Recycling Operations. (3254-10/94) See Section 230.50 : Indoor Swap Meets/Flea Markets (3254-10/94) See L-11 (A) relating to locational restrictions (3254-10/94,3378-2198) 212.06 IG AND IL Districts : Development Standards (325410/94) The following schedule prescribes development standards for the I Districts. The first two columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Requirements" column reference requirements following the schedule or located elsewhere in this ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of- way and in accordance with definitions set forth in Chapter 203, Definitions. (3254-10/94) Additional IG IL Requirements Residential Development M) Nonresidential Development Minimum Lot Area (sq. ft.)20,000 20,000 (A)(B)(N) Minimum Lot Width (ft )100 100 (A)(B) Minimum Setbacks (A)(C) Front (ft.)10,20 10;20 D)Side (ft.)-15 (E)(F) Street Side (ft.)10 10 Rear (ft.)(E) Maximum Height of Structures (ft.)40 40 (G) Maximum Floor Area Ratio (FAR)0.75 0.75 Minimum Site Landscaping (%)8 8 (H)(1) Fences and Walls See Section 230.88 Off-Street Parking and Loading See Chapter 231 (J) Outdoor Facilities See Section 230.74 Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-9 2198 IG AND IL Districts: Development Standards (continued) Screening of Mechanical Equipment Refuse Storage Area Underground Utilities Performance Standards Nonconforming Uses and Structures Signs Additional IG IL Requirements See Section 230.76 See Section 230.78 See Chapter 17.64 See Section 230.82 See Chapter 236 See Chapter 233 IG AND IL Districts: Additional Development Standards (A) See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (3254-10/94) (B) (K) (L) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with an approved development plan and tentative subdivision map. (3254-10/94) (C) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage lots shall provide front yards on each frontage. (3254-10/94) (D) (E) (P) The minimum front setback shall 10 feet and the average setback 20 feet, except for parcels fronting on local streets where only a 10 foot setback is required. (3254-10/94) All I Districts- An additional setback is required for buildings exceeding 25 feet in height (1 foot for each foot of height) and for buildings exceeding 150 feet in length (1 foot for each 10 feet of building length) up to a maximum setback of 30 feet. (3254-10/94) In all I districts, a 15-foot setback is required abutting an R district and no openings in buildings within 45 feet of an R district. (3254-10/94) A zero-side yard setback may be permitted in the I districts, but not abutting an R district, provided that a solid wall at the property line is constructed of maintenance-free masonry material and the opposite side yard is a minimum of 30 feet. (3254-10/94) Exception. The Zoning Administrator or Planning Commission may approve a conditional use permit to allow a 15-foot interior side yards opposite a zero-side yard on one lot, if an abutting side yard at least 15 feet wide is provided and access easements are recorded ensuring a minimum 30-foot separation between buildings. This 30-foot accessway must be maintained free of obstructions and open to the sky, and no opening for truck loading or unloading shall be permitted in the building face fronting on the accessway unless a 45-foot long striped areas is provided solely for loading and unloading entirely within the building. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-10 10/94 IG AND IL Districts: Additional Development Standards (conttnned) (G) See Section 230.70: Measurement of Height. Within 45 feet of an R district, no building or structure shall exceed a height of 18 feet. (3254-10/94) (H) Plantin Areas. Required front and street-side yards adjacent to a public right-of-way shall be planting areas except for necessary drives and walks. A 6-foot wide planting area shall be provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area. (325410/94) (I) See Chapter 232: Landscape Improvements. (3254-10/94) (J) Truck or rail loading, dock facilities, and the doors for such facilities shall not be visible from or be located within 45 feet of an R district. (3254-10/94) (K) See Section 230.80: Antennae. (3254-10/94) (L) Noise No new use shall be permitted, or exterior alterations and/or additions to an existing use allowed, within 150 feet of an R district until a report prepared by a California state- licensed acoustical engineer is approved by the Director. This report shall include M recommended noise mitigation measures tor me mdustnal use to ensure that noise levels will conform with Chapter 8.40 of the Municipal Code. The Director may waive this requirement for change of use or addition or exterior alteration to an existing use if it can be established that there had been no previous noise offense, that no outside activities will take place, or if adequate noise mitigation measures for the development are provided. (325410/94) Group residential or accessory residential uses shall be subject to standards for minimum setbacks and height of the RH District. (3254-10/94) 212.08 Review of Plans All applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review. Discretionary review shall be required as follows: (3254-10194) A. Zonin Administrator Review. Projects requiring a conditional use permit from the Zoning Administrator; projects including a zero-side yard exception; projects on substandard lots. (325410/94) B. Desi n Review Board. Projects within redevelopment project areas and areas within 500 feet of a PS district; see Chapter 244. (3254-10/94) C. Plannin Commission Projects requiring a conditional use permit from the Commission. (3254-10/94) D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the project is exempt; see Chapter 245. (3254.10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 212-11 10/94 r.,:.;.r i,rr v.{A.; r. ter. 36...Nonc0 100 Sections: 236.02 General Provisions. 236.04 Destruction of a Nonconforming Structure or Use. 236.06 Alterations to a Nonconforming Structure or Use. 236.08 Sex Oriented Businesses. 236.02 General Provisions (3254-10/94) A. A nonconforming structure or use shall not be enlarged, increased or intensified except as provided in this chapter. If any such use ceases, the subsequent use of such land, structure or building site shall be in conformance with the regulations specified by this code. (3254-10/94) B. A nonconforming use shall not be resumed, reestablished, or reopened after it has been abandoned, discontinued or changed to a conforming use. (3254-10/94) C. A nonconforming use shall be deemed to be discontinued or abandoned when such use has ceased to operate or to exist for a period of six (6) months. (325410/94) D. A nonconforming use which is not housed in any structure, but occupies a lot or portion of a lot, shall not be enlarged or extended to any other portion of the lot or any other lot not so occupied at the time the use became classified as nonconforming. (325410/94) E. A nonconforming use occupying either a conforming structure or nonconforming structure or portion thereof shall not be extended to any portion of the structure not so occupied at the time the use became nonconforming. (3254-10/94) 236.04 Destruction of a Nonconforming Structure or Use (3254-10/94) These provisions shall govern reconstruction of the nonconforming structures and/or uses listed below after such structure or use is destroyed by fire, explosion, act of nature or act of the public enemy by the percentage of value specified. (325410/94) A. Nonconforming structures and nonconforming uses destroyed 50% or less of the value prior to damage may be completely rebuilt. (3254-10/94) B. Nonconforming residential uses consisting of 10 or less units destroyed more than 50% of the value may be completely rebuilt. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 236 238-1 2198 C. Nonconforming residential uses consisting of more than 10 units destroyed more than 50% of the value may be completely rebuilt subject to conditional use permit approval by the Planning Commission provided current requirements for setback and parking are met. (3254-1o/94) 236.06 Alterations to a Nonconforming Structure or Use (3254-10/94) A. Interior alterations and/or repairs may be made which do not enlarge the square footage or increase the height of a nonconforming use Reroofing for health and safety purposes may also be permitted. (3254-10/94) B. A structure for a nonconforming use shall not be enlarged or altered on the exterior in any manner unless: (3254-10/94) All aspects of the existing structure and the proposed addition are made to conform to applicable provisions of this Code, or (3254-10/94) 2. The Planning Commission permits such alteration subject to approval of a conditional use permit with the following findings: (3254-10/94) a. That the alteration is necessary to secure added safety or reduce the fire hazard or to improve the aesthetic appearance of the structure's architecture by bringing the design into greater conformance with the surrounding neighborhood. (325410/94) b. That the alteration or addition will not increase the number of stories. (3254-10!94) c. That the alterations will not cause the floor area to exceed more than ten (10%) percent of the floor area the structure contained at the time the use became nonconforming. (3254-10/94) C. Nonconforming structures may be altered or enlarged provided that the alteration or enlargement is in conformance with applicable provisions of Titles 21 and 22. (325410/94) D. Additions to nonconforming structures proposed to be constructed at the existing nonconforming yard setbacks shall be subject to approval of a conditional use permit by the Zoning Administrator. (3254101-04) E. The area of enlargement to a nonconforming structure in any five year period shall not exceed 50% of the area of the structure as it exists on the effective date of this ordinance. (325410/94) 236.08 Sex Oriented Businesses (3378-2/98) A Any sex oriented business lawfully operating on the effective date of the Ordinance No. 3378 that is in violation of Section 212.04 of this Code shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a f Huntington Beach Zoning and Subdivision Ordinance Chapter 236 236-2 2198 period of three years with possible one year extensions (maximum extensions of five (5) years) to be granted by the Planning Commission only upon a convincing showing by the applicant of extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sex oriented businesses are within 750 feet of one another and otherwise in a permissible location, the sex oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is nonconforming. (3378-2198) B. A sex oriented business lawfully operating as conforming use is not rendered a nonconforming use by the location, subsequent to the grant of a sex oriented business zoning permit, of a building used for religious assembly, school, park and recreational facility or any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan within five hundred feet (500') of the sex oriented business. (3378-2198) C. Any application for a building permit to operate a sex oriented business in a location that is in violation of Section 212.04 that is filed prior to, but approved after the effective date of Ordinance No. 3378 shall be deemed a nonconforming use pursuant to Section A Any such building permit shall be in effect subject to the applicable zoning regulations in effect prior to the effective date of Ordinance No. 3378. (3378-2198) Huntington Beach Zoning and Subdivision Ordinance Chapter 236 236-3 2198 It; A C I A fla 0 Huntington Beach Planning Commission P O BOX 190 CALIFORNIA 92646 June 30, 1995 Rosalie Taddeo 7344 Center Avenue Huntington Beach, CA 92647 t SUBJECT CONDITIONAL USE PERMITNO 93-IP (CONTINUED FROM THE MARCH 2g, 1995 PLANNING COMMISSION MEETING) PROPERTY OWNER : Jenvel Enterprises, 7400 Center Avenue, Suite 105, Huntington Beach, CA 92647 REQUEST To permit a 919 square foot expansion of an existing adult business (retail sales) and to increase the hours of operation. LOCATION 7344 Center Avenue DATE OF ACTION June 27, 1995 FINDINGS FOR DENTAL - CONDITIONAL USE PERMIT NO 93-IR +!1 1 Based on new evidence the Planning Commission determined that Golden West College is an "educational facility frequented by minors " 2 The adult business is located within 500 feet of an "educational facility frequent d by minors " Therefore , it does not comply with the locational criteria applicable to adult businesses I hereby certify that Conditional Use PermdNo 93-1Rwas denied by the Planning Commission of the City of Huntington Beach on June 27, 1995 upon the foregoing findings Sincerely, Howard Zelefsky, Secretary Planning Commission 7 Sco't/Hess, AI Senior Planner (pcc1031-1) i di a 0 A 0 Date June 30, 1995 0 Huntington Beach Planning Commission P.O. Box 190 California 92648 NOTICE OF ACTION hcant Rosalie Taddec, 7344 Center Avenue, Huntington Beach, CA 92647 Subiect CONDITIONAL USE PERMIT NO 93-IR (CONTINUED FROM THE MARCH 28, 1995, PLANNING COMMISSION MEETING) Your application was acted upon by the Huntington Beach Planning Commission on June 27. 1995 and your request was WITHDRAWN APPROVED APPROVED WITH CONDITIONS DISAPPROVED XX TABLED CONTINUED UbTTI.L (see attached) • Under the provisions of the Huntington Beach Ordinance code, the actiontakenby the Planning Commission is final unless an appeal is tiled to the City Council by you or an interested party Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of five hundred ($500) dollar s hnd be subnutted to the City Clerk's office within ten (10) days of the date of the Commission's action. In your case, the last day for filing an appeal and paying the filing fee is July 7. 1995 Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one (1) year after final approval, unless actual construction has started n 1 P, (pcna031-1) 't'U 11.Pl Ll""fit L 1 , JILfijN 'A' I! 1Gw too N rr ° - - •N pe., N - .c> lOcGU %w 0 ' of:0' l R tidiNtGA tst# Ask-.AR +;(,DDD S, ,'Fte. . ZClj -'S I NaF- ,bs 2,oaa5O ion zY 2 ,oo s,o. `'(O1'AL- ft- =I ,IOZ' Sri.WU<4W C I W O U 'w & v30D 8g,?h SraU 5U I Lt, l-p . 15, coN.U:.ti'I ON TYPs 'StN OGG. U °A p C,`( GRoU P F.2 F!+e.t. Zop ; 1%IKO- ZONO a t .bs 2"000SOR49- ioi 2 31100 "'Tr N'Cgt 2 S, G, S, -fofaL_ Au..OWna!, !ittoo s 0 ?C 3 35,E 5 r.aPOS4 AREA 14 ';inn 5 0PAR4 J Fa ! ,f " t 2 /5a C Ztj 5'fb.: C- I 0 1 7 a I 1 :.e•o. ..r .& I ?7-- i2°t• • Applicant to rill in aM3 Ni*k heaby lklis 017/y. ILDIMG ESS QLD4 A - Z C+Tor{ie2O/ / i Lot No . Tact No. wnw .. ddress .ty onnector Address .ty Architect or Engineer Tel No L.c No L.c Clan Tel No 733-Zaz / Address L.c NO Ity v. q Ft. L•ving17 q Ft Garage State Z.o P140 or '40 at check on.Stanek / Farn./:es a+ w O. to AE )C) SLTEa REPAt4 Use of Bu+ld.nq J--- --- - - 3 Z/UQ(/3i DEMO, Valuatwn tf / RELC1Cs'E OincludrnQ Lab*, A M1tatl I have read In.s aDD'ICat .On and let •o tor-C-v w.tf, a +f .,J it State taw" JOD..Cable to bu.IQ...y Cnrs•.e.C!,Jn I7 I I am val.at • teg.steed and ••:r••sed in -ea-el by •^r •lUtntingjon peach and the Stale 01 Cal •d.-.a o. 2 1 4m the legal torn,. of r1e Goose o•nO< I nave filed -11th I'll- city 01 C I • Cel •. l .,ate Ot CGnser't J ,e'• 'St...e .%jJta nv the •h •ntlUSt,,al Qe•atlonS Jt X2 A ,e.t.f,ate o wo.Le.. :^or'+, .•• re. Jnte s, .t a'ad-Hied -we, O. Q An e•A(t _vv I, DuO1 ,J t ^c .e +I • t ^•' _O' the .n•u,e• n• [7 S Ce. 'f tr•a n "e De'. • ••a•' a •t,e n . A^ 6e.m„ S .a,uetl ' sr-a, + e•-' . J^Y Y •` • . -a ''f' the State . .1l Pc.xn.a41 1 Nrt,ty n to' . a.Pfyt'}n7yOC• Jr •a'•' .t L t P 1f,4 .} •.•- J Ihf •f s T J V •P / '' J Jr f tL 1t . /- . _ tJ. .lul j '.t . ),. Black No v&O/tltJ% {T1/1 I!mNBTON• 8E*G DE AATMNT OF WulLDIMG -AVM ITY Otv*L NT 4714) 536 5241 Suad.ng Atldrtsa. Occu G D- Use Zorn. I_q "on Action Type of COjnstlUCtlan Y - Ll aLand 8y 0e Tat .ate Spwa ReaA sd Tt` Co..t>tl Permit zone1, ES: tt 01"m orised 8y - D4 1F Plan Chock permit l d 11? Jo Con.en,et.oo $sr a Race,pt No 3 b TOTAL S Ftermorks ACF•ovat FOUndat Ov and Location Floor i'abs _-- P.ea£n ..,g.__ F.a ..ng Lm'n_o` 8.0••.-^ C t a 7 a•. rC Ilttpectton Record pate In Ctor • f/ -4l { 0 App!'-ant to fill in area within heavy /hes only. BUILDING -ge,n,e ADDRESS //c e Z on j 2pL t No . 1-frart No.Block NO. Owner 514#Pbc.1 tYLOPiYt?Lt1.___ C° Address City '4t+re Zip • CITY OF !HUNTINGTON REACH DEPARTMENT OF mi•' ClUr- AND COMMUNITY 7EVELUP:SENT 17141 5.1c. 524: BudJin A'ld.ess -- P t/KIt NO:, ,, 16' ;L ; ' Occupancy Type of Con:'...cope TG cc. Load._1 Grp F Ohr Z All,- ?J _ use Zone use •+'q =paces Required-; I Planning Action t] vCoastal f e••mit Zone Contractor JWiJ Tei- No. dot t .csf 1A V'&0AVCAJ' 3 Address 1L.c. No SislVl. Land ed /'+ CS. _,.r S Ei/avid ___ uay Perm, t nZed ,/ By-_ plan !,hlict Pe mft . By att _ Corse-.anon S L,c. Class St1 a ZipCD. - z:'., .5, ?No of NO of Chsdt Of!Stilt, ,es , Fam.,,es -tpesr .nptk rn -- - 'Nc* llo/ Worr %/LJ• u/ 1.%,..•c_ I { -a100 AL-kR REPA•aI A.1 ' -_A fie U13 _ Valuation { RELOCATE(Includ.n0 Labor & Mat.)3-1:L3 7(Q-1 _- I nave 'ead tn.; aDD'•r ah do .•;-oaqvre to . , D'v MTh Ali "i at and state laws JOOi.cable in bungtn ) Consttuct.rel !] l 1 am vandly .eq'stered a' a '•C ensued J+ .eau.•ed by ere Huntington Beach and toe StJT * of C; '.fr.rn,J, or 1 am In c legal ow ner or the Jblrve des .'t ea O•'.oe.ty Xave filed w ,fh Iht C,fy r.• r+.rnt :ngt..n Ara. r Coy of C] l A Certlhcafe pt con ent to self .nsi .•e ,ssu.d by the C'.ecI . of X C 3 .S.4 ,ndutinJl Rtrtallons. C. A Ceftitii-a Tf of yMr!• .o.syen .-,' •y ,nlur Jnce .s upa by an adrnllfe.i ,usurer, n•An eairt copy nr oi... J;q tr e,. ' .rr Tr/..0 by !h• i%'reCta •ef the ensu'e' a' L, .t That .n thr DP 'arm IOCP .•Or *0,s IOI w"'01 this oerm,t is ssuea_ s^all not 0-0 -V or Oflsnn -."v .+,a-.na sa as to become Sab,ect ro 7ee wer rr•e corornsal'a^ lawn of tO. Stal e Of CX•f o•'•,i 1 cert,fy (or decta.e) undo. OK -al•y of ror.l.oy that The r ne n -rut rrK t, and do la +it.on was °• cut on the _ Say al 14 /4 at 1 on sea , )-tot ft work is not commence 20 days 'ro'+- 0J.'4 Of .stye of pe?C•*. Or .1 wnfk IS abandons,a of m^'e than 124 daSS, n.s t sr all b.null and rold. gece ,pt No _l TOTAL S Rlnrart. a F r am.nq ,. ath i3 ywail -^ _ 3rown Coat pt,*t09 L w ds.ar'.ng Lane Ute --- and' I.on s InstJeetion Reeved /41- -7 f 1 Im _,. ash s om` .ar Y . CIO AMA NIPSYr- a $, SPA.S 3,950 Q K L M N O P U 2,000 2,000 2,000 2,000 3,950 .2R SP11GcwS * IiiZ-.'11=13,i-c&#t. )bed t P• 7r o l J :, _ ' 13 I. i. 3 ( Pin. M7, 7 ,' PIER 1) R S T U V ®4r.NF V QT ''uar tqQ JEWS R Z", Aik Fa^-T'DUc• 6. A tlol2 6orgA ILXVrB Ku.u»NGtvv P3cH,cr4 0rz .q7 k 711t -947-439(o ,2-1 • CERTIFICATE OF OCCUPANCY ( ITv OF HUNT$NGTON 6FACH DEPARTMENT OF DEVELOPMENT SERVICES AdGrns 16192 csotl'iri qt. :nit Brs res•: Name R Ms031LE k0YODLLERS Badness Tvoe MOE TLE qo,,, a^lar+rica I., BULLOtftG OWNER Name -i1-ae8t Real ?BLH tp r^nt:'3 87 .P_ . , C7 9 ,3o, `T. L,y I.Pgtul$ i?i 15. sA _ _HOn Tell S!T rt,r rtnn No o1S'o,+• _ _'Xc t 'I o4..I5 $0'+XOeh'w1 . +a0•c55 34' Lon Beach Ft iva . , #50o ACC•eti-22956 -t' 11 to Rio 3-i28-r-1 1I 'T J F.IeMM' + thb C. $Uleah of Oeeuevur y SHALL BL posted I1 a GOnStWCuouS prt, (Y tl'e U Pmtses anC shall nC' be ,Nfll a r , ii • y 'tee P.I. t4'Inc 0"",;ti' i IfI • is ,d ..rr. ( uw ar31 U CERTIFICATE OF OCCUPANCY CITY OF HUNT ,%GTON BEACH 8-8-78 DEPARTMENT OF BUILDING & CUN.M NITY UtVELOPMENT mate Th.. , ,•( t.Iy h .. r,.•.------ Indoor C+rdtaio >c (Sales)as authorized VALt A ,dt, a ..,.• y v,,m,•t ;, A 18.982---• --- ,, •• n.: ,.t-.e 16132 CsChard St. • . rtlsu "A" Miciael Ifuntit toe lseaeb __ ,,.,, ,, . • ,.. , ta0 ItDA(a• uata Goldsmith) •r. ;hrr t, •• •,.u..•d .y idl1 -5 utk! t Co. 1. Ar 13. UC,. --E-2 --- 20 TMs Crrbhtata of Ur • u;,am y--- _--- - / John F Behr-m . 17910 --*v p2rk Circle . Ir,iso -4- . A er.y imposed e #& ra March 19, 1993 Huntington Beach Fanning Commission P 0 BOX 190 CAL FO:'41A 92648 Paradise Specialities Inc. Rosalie Taddio, President 7344 Center Avenue Huntington Beach, CA 92647 SUBJECT: CONDITIONAL USE PERMIT NO. 93-1 REQUEST: To permit Paradise Specialties , an adult business conducting retail sales of sexually explicit materials, pursuant to Article 975 of the Huntington Beach Ordinance Code. LOCATION , '344 Center Avenue DATE OF APPROVAL, March 16, 1993 FO PP V - ND ' 0 AL R I - . I 1 I r 1. The proposed adult business is consistent with the General Plan Land Use Designation of General Commercial because adult businesses are permitted subject to approval of a conditional use permit by the Planning Commission . In addition , the adult business is a commercial establishment with retail sales. 2. The location , site layout , and design of the proposed adult business properly adapts the proposed structures to streets, driveways , and other adjacent structures and uses in a harmonious manner. The proposed use meets all locational criteria to locate an adult business in this location, is a substantial distance from residential, educational and religious properties , and is properly separated from any other adult business. 3. The combination and relationship of one Droposed to another on a site are properly integrated . Patronage is restricted to customers over 18 years of age and any display items are limited to materials considered unoffensive to the general public. 4. The access to and parking for the proposed adult business does not create an undue traffic problem The site , as built, offers all required parking for the business. n Conditional Use Permit No Page Two 93-1 5. The adult business , with the conditions imposed, will not have a detrimental effect upon the general health, safety and convenience of persons residing or work)ng in the vicinity, and will not be detrimental to surrounding properties. 6. The adult business, with the conditions imposed , will be compatible with surrounding land uses . The primary land uses in the vicinity are commercial. SUGGESTED CONDITION OF VAL - COND T OVA E P 1. The site plan, floor plans, and elevations received and dated February 17, 1993 shall be the conceptually approved layout. 2. The use shall conform to the following: a. Entrance to the business shall be restricted to patrons and employees 1B years of age and over only. b. Any window dressing or display items in plain view of the general public shall be restricted to non-offensive merchandise such as lingerie or novelty items that are not sexually explicit or depict specified anatomical areas as defined in Article 975 of the Huntington Beach Ordinance Code. c. The windows of the expansion area in the suite to the west shall either be maintained as described in Condition No. 2.b. above or shall be covered with opaque material srb]ect to review and approval by the Community Development Department. d. All ingress and egress prior to and after expansion of the business shall be through the current access at 7344 Center Avenue; no separate entrarce shall be permitted. i e. The hours of operation shall be limi ted to between: Monday - Friday Saturday Sunday 10.00 AM - 8:00 PM 10:00 AM - 6:00 PM 12:OG PM - 5:00 PM f. There shall be no video cassette recorders , televisions, film pFO]ectors or any other viewing devices located on the premises. g. Patrons shall not be permitted to utilize any merchandise, on-site, other than to try-on garments priox to purchase. 3. The applicant shall obtain building permits for all existing and proposed tenant improvements. F I .1 i Conditional Use Permit No 93-1 Page Three 4. Fire Department requirements are a, follows: a. Fire extinguishers must be located within 75 feet of travel to all portions of the store. b. Unit building numbers must be installed in a conspicuous location in front of the main entry for both suites. c. If necessary to monitor for overcrowding , management may have to designate an employee to maintain required occupancy levels. 5. The Planning Commission reserves the right to revoke this Conditional Use Permit No. 93-1 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 6. This conditioual use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by f applicant and an authorized representative of the ar of the property , recorded with County Recorder's Offit.i, and returned to the Planning Division, and until the ten day appeal period has elapsed 7. Conditional Use Permit No. 93-1 shall become null and void unless exercised within one (1) year of the date of final approval, or such rstension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. I hereby certify that Conditional Use Permit No. 93-1 was approved by the Planning Commission of the City of Huntington Beach on Marcl 16, 1993 upon the foregoing findings and conditions. This approval represents conceptual approval only ; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval. Sincerely, Mike Adams , Secretary Planning Commission by. Scot Hes Senior Planne^ (6233d-9,11) I ttuntington beach departmi &bf comknunity deveioipmont P O' 1 ' W2 1 1 .p I 3=1 (7344 Center Avenue) Conditional use Permit No. 93--1 is a request to permit Paradise ;Specialties, an adult business conciuoting retail sales of sexually explicit materials at 7344 Center Avenue. The business has been -operating at the:;ite for approximately one (1) year and four (4) months without obtaining approval of a conditional use permit. This '.Cequest J is for the original establishment of the building as well as O`xpansion into the adjacent suite. Staff recommends approval of the request as the business meets all the locational criteria required for such a business and the applicant- restricts entrcAce to patrons over 18 years of age. a G'7Y or CF -Eialy.MH %&-T EM IN/ GRT CIHT W Ou EOMER CUP 934 , NUNTINOTQN 135ACH PLANNING DIVi EON Y c a-rd's . rr POi Th UU' T 48TOM RSKCICIGP1 AM N .N 1) RI _g 4 HOATH +1 t PIGTOH W 7EH:•PECFIC PLAN MULL 71 tIi,' WYi•C2 ..... ca.....lf.z$ * 1•'6C (; C 2 3 tires... - - ..t)e AV HUP. VNGU M OESCH TO: Planning Commission FROM: Community Development DkTEi - March 16 1993 SUBJECT: CONDITIONAL USE PERMIT NO. 93-1 APPLICANT:, Paradise Specialties Inc.. Rosalie 7addeo, President PROPERTY, pwN'2: Jerwel Enterprises, 33161 Camino Capistrano, Sari Juan Capistrano, CA 92675 RE E T: To permit Paradise Specialties, an adult business conducting retail sales of sexually explicit materials, pursuant to Article 975 of the Huntington- Beach Ordinance Code. LQcATION: 7344 Center Avenue DATE, ACCEPTED; ZONE February 17, 1993 C4 (Highway Commercial) L P AN: General Commercial Retail Commercial ACREAGE,,, 3.02 acres caziditibns o^; approval." N NP 'r rApprove Conditional Use Permit No. 93-1 with findings and suggested E TED I N. Motion to: - rr Conditional Use Permit No. 93-1 is a, request to permit Paradise Specialtiea, an adult business conducting retail sales of sexually explicit materials pursuant ti.) Section 9751(a) of the Huntington leach ordinance Code. Paradise Specialties has been operating at 7344 Center,Avenue since October of 1991 without obtaining approval of _ a eonditjonal use,permit. They were notified in March, 1992 that in order to continue operating, a conditional use permit would be required. A temporary, restraining order was issued by-superior ' -Cotir't in April, 1992 to prevent the. City from closing the bu$ineSs. _ This' would allow the: applicant time to challenge- the need for, a conditional ute permit- without the threat of being closed. in LTaYiuary°, 1993 the applicant agreed to file a conditional use permit; however,, the court ease is pending until the conditional use permit is,aCted On., The business is requesting approval for the original establishment as well as expansion into the adjacent. suite. ,i GENERAL "PtJ NN DESIGNA'T'ION: LAND- US1 r r a f ENE '4v'L PLAN DESIGNATION : LAND USE: - A. f C. GENERAL PLAN DESIGNATION: zioxEi L USE; - f q r r - GENERAL PLAN DESIGNATION: SONS; , iD tTSE : A 3 Not applicable. I)E IM TATU % Nett applicable. zO. SP C FIQ P1,AN. No applicable. t N EN RAL LAN DE I N N : 1. Genera ,. Commercial C4-MS (Highway Commercial /Yiulti--Story) Vacant (Future Orange County Transportation Station) General Conuttercial C4 <Highway Commercial) Southern Pacific Railroad General Commercial C4 (Highway Commercial) Retail Commercial Public, Quasi-Public Institutional C R (Community Facilities-Education) Goldenwest College 4 N T The propo%ed ptoject is cat( ,rically exempt pursuant to Class 1, fie :scion 15?O1 of the Cali fornia Vnvironmental Quality Act. T-U: Not applicable. =x 11 i _r `tJA V ,a: D i 1 I section '9751(a) of the I t ntirtgton Beach Ordinance Code defines an adult business` as either: 4r L Any, busS,ness which is conducted exclusively for the patronage of adults 'arid from which minors are specifically excluded either by I'aW•or by the operators of such businesses, except any business licensed bY, thle -State', D,epartnant of Alcoholic Beverages; or - Staff -Report - S/i5/93 (6103d) 2. Any business, other than those expressly specified in Article' 975, ,oher'e employees or patrons expose specified anatomical areas or engage .in specified sexual activities; or -3. Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. Paradiab Specialties is classified'as an adult business under categories No. I and No. 3 above. Minors (under age 18)are restridted from the business by the proprietor and approximately 70 percent of the retail merchandise is sexual paraphernalia and adult videos. The remaining 30 percent of the retail stock is 'lingerie. P rmi n L i nal fit ria Section 3752 of the Huntington Beach Ordinance code requires any person operating an adult business , as defined above, to obtain approval of a conditional use permit by the Planning Commission.- The City Council adopted an ordinance regulating adult businesses in 1381 because they found that such uses may have a deleterious effect on -adjacent areas, may cause a degradation of the community standard of morality, and may lead to increased levels of criminal activities. The Council determined that special regulation of these businesses was necessary to insure that such adverse effects do-riot blight or downgrade surrounding neighborhoods and to prevent concentration or clustering of theses businesses in any one area, or within specified distances from residential, church and educational uses, section 9753 of the Huntington Beac;'L Ordinance Code specifies strict locational'cri.teria in-order to meet the above stated goals and ma4dates.that no conditional use permit shall be granted if the 'p v,posed location is : a. Within 200 feet of any lot zoned for residential uses; or b. Within 500 feet of any lot upon which there is located a church or educational institution frequented by minors; or c.Within 1,000 feet of any lot upon which there is located any other adult business as defined in Section 9151. The Pl nnin' Division has determined that Paradise Specialties-meets all the, laoational criteria, described above, to establish such a business. The business suite is approximately 300 feet away from the property line of the-North Huntington Center Specific Plan which allots -residential units like those in the Old World complex. Although -the suite is Within 500 feet of Goldenwest College property, Planning staff has determined that the school is not an "educational institution frequented. by minors" and, therefore, Paradise Specialties is not subject to maintaining a 500 foot j 'separation from the facility . The intent of this provision is_ to 'Staff, Pep&ct -- 3/16/93 -3-(61osd) preclude locations of adult businesses near elementary, junior high and high 'schools , Goldenwest College is primarily an adult education facility and has a small percentage of minors enrolled. The Vice and Intelligence Unit of the Police Department has also reviewed the proposed project and is recommending denial of the conditional use permit, it is their opinion that Goldenwest College is as 1"educational institution which is frequented by minors" and, therefore, recommends denial because the site is within $00 feet of the school . Plea : a see : Attachment No. 3 for further i nformation. _ TIie third location standard is intended to prevent clustering of adult entertainment establishments and states that no such business shall be located closer than 1,000 feet to any other adult business. The closest adult business to Paradise Specialties is at the southwest corner of Newland Street and Warner Avenue; which is approximately 8,800 feet away from 7344 Center Avenue. I Paradise Specialties is seeking to expand into the adjacent suite to the west,- This new portion of the business is proposed to be devoted to videos and the wall between the existing suites will be opened up . Although the adjacent suite currently has a separate entrance , the window panes will be painted and all patrons will be directed to enter and exit the business at the existing store front entrance; Paraaioe Specialties restri cts entrance to the business to those over 18 years of age only . There are always two (2) designated ehiployees on duty at all times so that one person may be permanently stationed at the front cashicr counter. The employee at the front counter monitors all patrons entering the store and checks identification for anyone who appears under the age of 30. The applicant has indicated that the lingerie and several novelty items are for sale only and the videos may be sold or rented. There is a small dressing room so that patrons can try garments on but customers are not permitted to try out the products , watch the videos , or use the merchandi s e in any other way on•-sites The applicant does not intend to provide any video cassette recorders, te'1er i .Sions, or any other opportunities to utilize the merchandise on-site. 'Bated on . the above analysis regarding locational criteria and.restricting the business only to patrons over the age of 18,",-'Planning si.aff recommends approval o f Conditional Use Permit No, 53-1. I PE: ND Y N: Staff recommends that t he Planning Commission approve Conditional Use Permit No. 93-1 with the following findings and suggested conditions of approval: .Staff Report - 3116/93 -4-(51034) N - 11 1. 1'he proposed adult business is consistent with the General Plan Land Ilse Designation of General Commercial because adult businesses are permitted subject to approval of a conditional use permit by the Planning Commission . In addition, the adult business is a commercial establishment with retail sales, 2. The location , site layout, and design of the proposed adult business properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The proposed use meets all locational criteria to locate an adult business in this location, is a substantial distance from residential , educational and-religious properties, and is properly separated from any other adult business. 3. The combination and relationship of one proposed to another on a site are properly integrated . Patronage is restricted to_ customers over 18 years of age and any display items are limited to materials considered unoffensive to the general public. J ~ 4.The not all access to and parking for the proposed create an undue traffic problem ,. The required parking for the business. adult rite , business as built , does offers 5. The adult business ,, with the conditions imposed, will not have a detrimental effect upon the general health, safety and -convenience of persons residing nr workirg in the vicinity, and will not be detrimental to surrounding properties. 6. The adult business , with the conditions imposed, will be compatible with surrounding land uses. The primary land uses in the vicinity are commercial. C E T D NLTTI N OF APPR At --n ND TIONAL PERMIT " -1: 1. The-site plan, floor plans , and elevations received and dated February 17, l993 'shall be the conceptually approved layout. 2. The use shall conform to the following: a. Entrance to the b usiness shall be restricted to patrons and employ ees- 18 'years of age and over only. b. Any window dressing or display items in plai n view of the general public'shall be restricted to non-offensive merchandise such as lingerie or novelty, items that 'are not sexually explicit or depict specified anatomical areas as defined in Article 975 of the Huntington Beach Ordinance Code. Staff Repbrt - 3/16/93 -5-(6103d) c. The windows of the expansion area in the suite to the west shall either be maintained as described-in Condition 'No. 2,.b,f'" TM above or shall be covered with opaque material subject to review and approval by the Community Development Department. d. 411-ingress and egress prio-r to and after expansion of the business shall be through the current access at 7344 Center Avenue; no separate entrance shall be permitted. .e, The 'hj,,,,ts of operation shall be limited to between: proposed tenant improvements. Fire Department requirements are as follows: Morday Friday 10:00 AM -8:00 PM - Saturday 10:00 AM 6:00 PM Sunday 12 :00 PM - 5:00 PM - f. There shall be no video cassette recorders , televisions, film projectors or any other viewing devices located on the premises. g.Patrons ,shall not be permitted to utilize any merchandise, on-site, other than to try-on garments prior to purchase. t,}the applicant shall obtain building permits for all existing-and, a. Eire extinguishers , must be located within 75 feet of travel to all portions of the store. -, b. Unit building numbers must be installed in a conspicuous location in f ront 'bf the main entry for both suites. • c. if ,necessary to monitor for overcrowding , management may have- to designate an employee to -maintain required occupancy .levels, - 5z The Pisini ng Commission reserves the right to revoke this' Conditional Use Permit no. 93-1 if any violation of these conditions or the Huntington Peach. Ordinance Code occurs, 'u 6, ,Thi s conditional use. permit shall not become effective or any purpose iu.nti1 an "Acceptance of Conditions " form has been properly executed by the applicant and an authorized repreieiitative of the owner of the property, recorded with County Recorder "s Office,. and- returned to the Planning Division; And unti l the ten day, appeal period has elapsed. 7; Conditi onal Use Permit No . 93-1 shall become null and void - i nl •es.s ,,exexci$ed within one (1) year of the date of final _ -,approval,,- or such extension v. time ,us may -be granted by the 1l.anni ,ng Commission pursuant to a -written request submitted to th6,plann i ng Department a minimum 30 days prior to the ipiration date.- Staff .-]report -- 3/1613 -6- '6103d) y . T A T lei The Planning Commission may deny Conditional Use Permit No. 93-1 with findings-and conditions of approval; 1. Narrative 2. -Site plans, elevations, and floor plans dated February 17, 1993 3 - Memo from Sergeant Dan dothnson,'Vice/Intelligence Unit dated $bruaary 4, 3993 V'l I - 'a .eport'(61OSd) January ll, j 1993 City of Huntington Beach Department of 'community Development 2000 Main Street huntington Beach, Ca 92648 Subject: Written Narrative Dear sirs: d'i.t description of 'surrounding uses: Item #13 of the appligPtion requirements for the C.U,p requests the f; llowinc information: a. site reasons for initiating this appl,icatiox.: The City requires it. b-, area description and population served by the proposbd use: The City of Huntington Beach. c, description of the pz'ojeet and services: Retail business, Retail- businesses, r' Sincerely, ,Rosalie Taddeo Ptesi,dent ATrAcAM4%T4 w. ZZI1TEanalvl: It K it 4. I,. IM VIM IIIt. . Sip," Its. (i Atun.ml WOO. 'a Mk ,n P-.ad Ao ,kl /tlllm slat. ..t Ih.,1 PAnKINi TABULATION MVisth PRR6INL'wi i ADbIftbl 1$IlOlfU LIAIIAaII faAt1R $f1 tt,e.t1 S;ACfl IS 1 AIIOfCAMCY %*ACC$ Iola PAROW-IYAtiS 134 IMMAI 10AL(%A s1 aK I(t J sra J:rrCvisYis.aj G.r'• 9,Z6JS"' . ',rrir a-irs.r - _ ISM-ON / l a S. S.q I.MI 4 62r THIS WALL TO BE THE NEW FIRE'f ALL M ACCORDANCE WITHDRAWING ATTACHED, ADDRESS FOR PARADISE SPECIALTIES FOR BOTH UNITS TO REMAIN 7344 CENTER AVENUE. Window panes tobe V i dtap( J% s pointed, Panla scar tobe Installed for emergengy use only, To be used for storage only.current enfr011,0e t_ E0 0 office 20'5" Videos ' remain mein entrance for Incress-and egress. This section of wc!i, toted as 'Fire-waft to be l cut out for Joint access to both units. Novelt ies D sc- 611 ki-i00A V' 5511 flea: Dress tg Room 72"- -Only lirtgerle to, be dlsployed_ in wl do '20' " =paradlse Specialties Layout - Yf `rdetf coshler & worksfafbn. Lingerie V KdP H a'.r V1 TkdL Pt w tl 'F t RNc--l jr A {' 'I^'•'.r'rl`r»ses +FafTYl'E '.-dr _ ._ r.,rre.r Mi•j.T. r l i 6LEIA„ Off, •tVN .i4Fs,rAT'I'wT• ts` U4t' tl tt n 5 - rarxa t tie Rrt_ Y'yr••i ••^ivic•e t•SaoRr 21q • .•.k'ctwt LlL CttN M prr, ,L h,i, art rIT Mwu 9mrws v sn$cutr .,w... eR,•s. t, ., {•• tr • G ! .•.,• NVN t$ . .. p,tY,• n. u.•p•q . ..•W nl.. tss . •-b. •n.q. . tk k ;I t 1t' tr` l - l3f - j„.'._. ---:1,i is -- _ _ . - _ • • C[!'NO rt14{U.CY..f1011 .(r Yy„ry W., t;• Y •ft^a• 54.21 "w •I• t .......•r . . N CITY OF HU T U1GTO BEACH INTER-DEPARTMENT COMMUNICATION To; Vane Madera Planning Aide -11 paradise specialties = 7x44 Center Ava Huntington Beach, Ca. From: Dan Johnson, sergeant Vice/Intelligence Unit Dater 02.04.-93 After havina read the Development Review Request, conducting an bn- cite inspection, reading the previous memos by Lt Xainelli, and Investigator Nelsen, and Investigator Paholski, I have drawn several conclusions, - 1)paradise Specialties is an "Adult Business" as defined in Mnti-ngton Beach Ordinance 9751, Sub-Section "A.3" 2) Paradise specialties is within you' of a school utilized by zininors and is in, violation of Huntington Beach Ordinance Code 5753x. Sub--Section +'gst_ I -3) Paradise Specialties also falls under the definition of an "Adult Business's as defined within Huntington Beach Municipal Cbdk 5.70. 010 (b) and is required to obtain an Adult - .LntertainmentPermit as required by 5.70.020 of the Municipal Code. 4) An -Adult -Entertainment Permit should be den&ed based upon the -business being located 'tith;tn 5001 of a school utilized by minors. ' ,4"CfACk1MI?"( i 00 hunhngton beach department of community development STAff EpORT NARCFI 16, 1993 JU E T 3- (7344 Center Avenue) Conditional Use Permit No 93-1 is a request to permit Paradise Specialties, an adult business conducting retail sales of sexually explicit materials at 7344 Center Avenue . The business has been operating at the site for approximately one (1) year and four (4) months without obtaining approval of a conditional use permit. This request is for the original establishment of the building as well as expansion into the adjacent suite. Staff recommends approval of the request as the business meets all the locational criteria required for such a business and the applicant restricts entrance to patrons over 18 years of age. Mt 4230 1.1 I A RI 1 nncC S? Euen al 1C[xta iicipiuN Ncas,• C2 C2 3 i CUP 93-1 HUNTINGTON REACH PLANNING DIVISION TO: Planning Commission FROM : Community Development DATE: March 16, 1993 SUBJECT: CONDITIONAL USE PERMIT NO. 93-1 APPLICANT: Paradise Specialties Inc., Rosalie Taddeo, President PROPERTY OWNER: Jerwel Enterprises , 33161 Camino Capistrano, San Juan Capistrano , CA 92675 REQUEST: To permit Paradise Specialties , an adult business conducting retail sales of sexually explicit materials , pursuant to Article 975 of the Huntington Beach Ordinance Code. LOCATION : 7344 Center Avenue DATE ACCEPTED : February 17, 1993 ZONE : C4 (Highway Commercial, GENERAL PL A: General Commercial EXISTING USE: Retail Commercial ACREAGE : 3.02 acres G ES D Motion to: "Approve Conditional Use Permit No. 93-1 with findings and suggested conditions of approval." GENER RMA N: Conditional Use Permit No. 93-1 is a request to permit Paradise Specialties, an adult business conducting retail sales of sexually explicit materials pursuant to Section 9751 (a) of the Huntington Beach Ordinance Code. Paradise Specialties has been operating at 7344 Center Avenue since October of 1991 without obtaining approval of a conditional use permit . They were notified in March, 1992 that in order to continue operating, a conditional nse permit would be required . A temporary restraining order was issued by Superior Court in April , 1992 to prevent the City from c1csing the business. This would allow the applicant time to challenge the need for a conditional use permit without the threat of being closed. In January, 1993 the applicant agreed to file a conditional use permit; however, the court case is pending until the conditional use permit is acted on . The business is requesting approval for the original establishment as well as expansion into the adjacent suite. r7 t%l r) V 0 LA r h o ec P GENERAL PLAN DESIGNATION: ZONE: LAND USE: P GENERAL PLAN DESIGNATION: ZONE: LAND USE: GENERAL PLAN DESIGNATION: ZONE: LAND USE: w of 0 GENERAL PLAN DESIGNATION* ZONE: LAND USE: 4 Z N ND P E N General Commercial C4-14S (Highway Commercial /Multi-Story) Vacant (Future Orange County Transportation Station) General Commercial C4 (Highway Commercial) Southern Pacific Railroad General Commercial C4 (Highway Commercial) Retail Commercial Public, Quasi-Public Institutional CF-E (Community Facilities -Education) Goldenwest College The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. T TATU : Not applicable. 0 ED 0 N T TUS : Not applicable. EC N; Not applicable. ON MM Not applicable. O SS ND ANALY S: u 'ni. 0 Section 9751 (a) of the Huntington Beach Ordinance Code defines an adult business as either: 1. Any business which is conducted exclusively for the patronage of adults and from which minors are specifically excluded either by law or by the operators of such businesses , except any business licensed by the State Department of Alcoholic Beverages, or Staff Report - 3/16/93 -2-(6103d) /a 2. Any business , other than those expressly specified in Article 975, where employees or patrons expose specified anatomical areas or engage in specified sexual activities; or 3. Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing , discussing or relating to specified sexual activities or specified anatomical areas. Paradise Specialties is classified as an adult business under categories No. 1 and No . 3 above . Minors (under age 18) are restricted from the business by the proprietor and approximately 70 percent of the retail merchandise is sexual paraphernalia and adult videos . The remaining 30 percent of the retail stock is lingerie. an a na a Section 9752 of the Huntington Beach ordinance code requires any person operating an adult business , as defined above, to obtain approval of a conditional use permit by the Planning Commission. The City Council adopted an ordinance regulating adult businesses in 1981 because they found that such uses may have a deleterious effect on adjacent areas, may cause a degradation of the community standard of morality, and may lead to increased levels of criminal activities. The Council determined that special regulation of these businesses was necessary to insure that such adverse effects do not blight or downgrade surrounding neighborhoods and to prevent concentration or clustering of theses businesses in any one area, or within specified distances from residential, church and educational uses. Section 9753 of the Huntington Beach Ordinance Code specifies strict locational criteria in order to meet the above stated goals and mandates that no conditional use permit shall be granted if the proposed location is: a. Within 200 feet of any lot zoned for residential uses; or b. Within 500 feet of any lot upon which there is located a church or educational institution frequented by minors; or c. Within 1,000 feet of any lot upon which there is located any other adult business as defined in Section 9751. The Planning Division has determined that Paradise Specialties meets all the locational criteria, described above, to establish such a business . The business suite is approximately 300 feet away from the property line of the North Huntington Center Specific Plan which allows residential units like those in the old World complex. Although the suite is within 500 feet of Goldenwest College property, Planning staff has determined that the school is not an "educational institution frequented by minors " and, therefore, Paradise Specialties is not subject to maintaining a 500 foot separation from the facility . The intent of this provision is to Staff Report - 3/16/93 -3-(6103d) Q r+ r preclude locations of adult businesses near elementary, junior high and high schools. Goldenwest College is primarily an adult education facility and has a small percentage of minors enrolled. The Vice and Intelligence Unit of the Police Department has also reviewed the proposed project and is recommending denial of the conditional use permit. It is their opinion that Goldenwest College is an "educational institution which is frequented by minors" and, therefore , recommends denial because the site is within 500 feet of the school. Please see Attachment No. 3 for further information. 4 The third location standard is intended to prevent clust..ring of ad+"lt entertainment establishments and states that no such business shall be located closer than 1,000 feet to any other adult business . The closest adult business to Paradise Specialties is at the southwest corner of Newland Street and Warner Avenue which is approximately 8,800 feet away from 7344 Center Avenue. ae na n Paradise Specialties is seeking to expand into the adjacent suite to the west. This new portion of the business is proposed to be devoted to videos and the wall between the existing suites will be opened up . Although the adjacent suite currently has a separate entrance , the window panes will be painted and all patrons will be directed to enter and exit the business at the existing store front entrance. Paradise Specialties restricts entrance to the business to those over 18 years of age only . There are always two (2) designated employees on duty at all times so that one person may be permanently stationed at the front cashier counter. The employee at the front counter monitors all patrons entering the store and checks identification for anyone who appears under the age of 30. The applicant has indicated that the lingerie and several novelty items are for sale only and the videos may be sold or rented. There is a small dressing room so that patrons can try garments on but customers are not permitted to try out the products, watch the videos, or use the merchandise in any other way on-site. The applicant does not intend to provide any video cassette recorders, televisions , or any other opportunities to utilize the merchandise on-site. Based on the above analysis regarding locational criteria and restricting the business only to patrons over the age of 18, Planning staff recommends approval of Conditional Use Permit No. 93-i. 0 0 RE OMME Staff recommends that the Planning Commission approve Conditional Use Permit No. 93-1 with the following findings and suggested conditions of approval: I I NG APPR V - ND I L ARM 0 - . 1. The proposed adult business is consistent with the General Plan Land Use Designation of General Commercial because adult businesses are permitted subject to approval of a conditional use permit by the Planning Commission. In addition , the adult business is a commercial establishment with retail sales, 2. The location, site layout , and design of the proposed adult business properly adapts the proposed structures to streets, driveways , and other ad3acent structures and uses in a harmonious manner. The proposed use meets all locational criteria to locate an adult business in this location, is a substantial distance from residential, educational and religious properties , and is properly separated from any other adult business. 3. The combination and relationship of one proposed to another on a site are properly integrated . Patronage is restricted to customers over 18 years of age and any display items are limited to materials considered unoffensive to the general public. 4. The access to and parking for the proposed adult business does not create an undue traffic problem The site, as built, offers all required parking for the business. 5. The adult business , with the conditions imposed, will not have a detrimental effect upon the general health, safety and convenience of persons residing or working in the vicinity, and will not be detrimental to surrounding properties. 6. The adult business , with the conditions imposed, will be compatible with surrounding land uses . The primary land uses in the vicinity are commercial. ^UG E NDIT NS OF AP OVAL - OND T NAL tl E PE I 3- : 1. The site plan, floor plans , and elevations received and dated February 17, 1993 shall be the conceptually approved layout. 2. The use shall conform to the following: a. Entrance to the business shall be restrictr'_ to patrons and employees 18 years of age and over only. b. Any window dressing or display items in plain view of the general public shall be restricted to non-offensive merchandise such as lingerie or novelty items that are not sexually explicit or depict specified anatomical areas as defined in Article 975 of the Huntington Beach Ordinance Code. Staff Report - 3/16/93 -5-(6103d) c. The windows of the expansion area in the suite to the west shall either be maintained as described in Condition No. 2.b. above or shall be covered with opaque material subject to review and approval by the Community Development Department. d. All ingress and egress prior to and after expansion of the business shall be through the current access at 7344 Center Avenue , no separate entrance shall be permitted. I I e. The hours of operation shall be limited to between: Monday - Friday Saturday Sunday 1000 AM - 8:00 PM 10:00 AM - 6:00 PM 12.00 PM - 5:00 PM E. There shall be no video casset 'e recorders, televisions, film projectors or any other viewing devices located on the premises. g. Patrons shall not be permitted to utilize any merchandise, on-site, other than to try-on garments prior to purchase. 3. The applicant shall obtain building permits for all existing and proposed tenant improvements. 4. Fire Department requirements are as follows. a. Fire extinguishers must be located within 75 feet of travel to all portions of the store. b. Unit building numbers must be installed in a conspicuous location in front of the main entry for both suites. c. Ii necessary to monitor for overcrowding , management may have to designate an employee to maintain required occupancy levels 5. The Planning Commission reserves the right to revoke this Conditional Use Permit No. 93-1 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 6. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder 's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 7. Conditional Use Permit No. 93-1 shall become null and void unless exercised within one (1) year of the date of final approval , or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. Staff Report - 3/16/93 -6- r-11 n RN N. 1 The Planning commission may deny Conditional Use Permit No 93-1 with findings and conditions of approval. ATTACHMENTS: 1. Narrative 2. Site plans , elevations , and floor plans dated February 17, 1993 3. Memo from Sergeant Dan Johnson , Vice /Intelligence Unit dated February 4, 1993 SH:JM:k71 ce, Staff Report - 3/16/93 -7-(6103d) f r-• d j i R January 11, 1993 City of Huntington Beach Department of Community Development 2000 Main Street Huntington Beach, Ca 92648 Subject: Written Narrative Dear sirs Item #13 of the application requirements for the C.U.P. requests the following information, a. site reasons for initiating this application: The City requires it. b. area description and population served by the proposed use: The City of Huntington Beach. c. description of the project and services: Retail business. d description of surrounding uses Retail businesses. Sincerely, Rosalie Taddeo President A- TAC t4 N1144 I.. CCBTZA HITEII.4.4LVL PCYRcr/1SE$G,\Al.'1ESI' l.n•M4,PARKING TABULATIONC4lfOE [00X101 [O.TIN0(VIS10 OMIRIMO VIf11 AOOIIIONIShlorhllel~r u iIn 1..41 .41.14 VU4.m1 fl(.o% t Ca 4n1/j lsr 'TERWJL r4'TERP.2/SES!/l/ A C..... Cy...f ...Q110.i 52' THIS WALL TO BE THE NEW FIREWALL IN ACCORDANCE WITH DRAWING ATTACHED. ADDRESS FOR PARADISE SPECIALTIES FOR BOTH UNITS TO REMAIN 7344 CENTER AVENUE. To be used for storage only. E00 L 0 E0 am Office 20'5" Videos Videos Window panes to be painted, Panic Bar to be Installed foremergency use only.Current entrance t ---_ remain main entrancefor Ingress and egress. J This section of wall, rated as 'Fire-wall', to be cut out for joint access to both units, Novelties 61i T sa R eMovEA 55" New Dressing Room 72" 9" Attended cashier & workstaton 7t Lingerie 17 Only lingerie to be displayed In wl do 20' 2" Paradise Specialties Layout Scale : 3/8" = 2' • Q- I R/RTM EL"VPn/u 1Q nII t l „ 'Ll otoM i I rq nr er w at., q+T tFE ld J. 4(LM ElernT . PM1 Q- j TA14 E19L _ rarw.avx© IT bUILo.wa • •ur*tioo• i S 11 . -. IS n I AiVAQ-MW 43 11 UJ4INCTON 1EAO1 =Y OF HUNTINGTON BEACH INTER DEPARTMENT COMMUNICATION To: Jane Madera From: Dan Johnson, Sergeant Planning Aide Vice/Intelligence Unit Subject: Paradise Specialties Date: 02-04-93 7344 Center Ave Huntington Baach, Ca. After having read the Development Review Request, conducting an on-cite inspection, reading the previous memos by It Mamelli, and Investigator nelson, and Investigator Paholski, I have drawn several conclusions: 1) Paradise Specialties is an "Adult Business" as defined an Huntington Beach ordinance 9751, Sub-Section "A.3" 2) Paradise Specialties is within 500' of a school utilized by minors and is in violation of Huntington Beach Ordinance Code 9753, Sub-Section "B". 3) Paradise Specialties also falls under the definition of an "Adult Business" as defined within Huntington Beach Municipal Code 5.70. 010 (b) and is required to obtain an Adult Entertainment Permit as required by 5.70.020 of the Municipal Code. 4) An Adult Entertainment Permit shou`d be denied based upon the business being located within 500' of a school utilized by minors. A 1 U3) '3rq'. , tic M.{H •, , r. , :l • 1 o"-la•o' I Io'•0° 'd•d I lo•o Ic•o lo-0 lo•o B• Do Court . ; tlQucL Ca, s o" fit„' eG• "' E quop _: r&u L t?c o Eau L r5d tgr•!d, a c6a s'ti' I I l • IS u ua r±, r•- L11.LI*l,Q4•y .n r. U' t`tt C Im- •.-r---.i,0. (b- -'n'- x -1-, hU 0 (1' - I v 1- N <r Edinger Aye. 12 7T2 7956 I 191 '7 1 7111 16132 16131 2 77 J 16142 it 16162 0 1 77P1 CC 16162 7VI 0 16182 9 72122 7V2 71141 16Z et Dr. 1632 _1641 16942 1661 1662 16961 1681 16991 16162 16982 1692 15102 16112 Toe 1621 16181 Huntington Beach Map oroduced by mio matior ronta,ned it the ,;rt of Huntington Beach Information Services Departme t Geographic Informatior System Information warranted `or '; N nce only untington Beach does not guarantee its ocmpleteness or accuracy ae Produced • r %5 w 16901 16131 16191 16161 16P1 L 0 0 TF'EET tJ•.P1E _ITr EUi_IFl q, dl ;TREET.EP;TEFILr,E' I!- F TL _!.j mart: r et i t,•lalo / ImrrrnOr: r,5;i•jer ha! -goals 910 `eif 7*2 16972 16102 16,130 7Jp2 7450 71! 710 Lorge ir. 1"2 16182 16100 776 16150 7Y. 16182 7890 7]q2 16i41 16161 18171 81 16191 71 C J 0)0)C 0 7W2 7T42 1 1651 1652 C 7 t tq6 7 4l 4 Y 731 16Afl1 ` _..16191.V2 161024 1c111-_. 16121 16131• 16141 l "r Map produced by information contained in the City of Huntington Beach Information Services Department Geographic Information System. Information warranted for City use only. Huntington Beach does not guarantee its completeness or accuracy. Map Produced on 502012 ADDRESSES A STREET NAMES L &/A5 CNn FOIEL CITY BOUNDARYWM,//,`Vly, STREET CENTERLINES (OCTACIass) !\U Smartstreet /f Major Collector X Primary Secondary / Residential ;V Travelway v' Alley ISOBATHS J.1