Chapter 16.097 — ADULT BUSINESSES

It is the intent of this chapter to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the location of adult businesses in close proximity to sensitive uses such as parks, schools, religious institutions, and residentially zoned districts or uses, or the concentration of adult businesses in close proximity to each other. The City Council finds that it has been demonstrated in various communities that the concentration of adult businesses causes an increase in the number of transients in the area and an increase in crime, and in addition to the effects described above, can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.

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• A. As used herein, the terms and phrases shall have the same meaning as defined in Chapter 5.48 of the Claremont Municipal Code.

• B. Establishment of an adult business.

As used herein, "adult business" shall mean and include any adult business as defined in Chapter 5.48 of the Claremont Municipal Code, and to "establish" an adult business shall mean and include any of the following:

1. The opening or commencement of any adult business as a new business;

2. The conversion of an existing business, whether or not an adult business, to any adult business;

3. The addition of any of the adult businesses to any other existing adult business, or to another existing non-adult business, with or without expansion of the floor area;

4. The relocation of any adult business; or

5. The substantial enlargement of the premises of an adult business. Substantial enlargement means an increase or expansion, over the lifetime of an adult business, of more than ten percent or 100 square feet, whichever is less, in the portion of the floor area of the business which is devoted to products, services, or entertainment with an emphasis on material depicting, describing, or relating to specified anatomical areas and/or specified sexual activities.

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No adult business shall be established or located in any zoning district or area in the City other than the Business/Industrial Park (B/IP) District, or within certain distances of certain specified land uses or zones, or other adult businesses as set forth below:

• A. No adult business shall be established or located within 400 feet from any existing residential district or use, park, religious institution, or school, as defined in Chapter 5.48 of the Municipal Code.

• B. No adult business shall be established or located within 150 feet from any existing adult business, whether in the City of Claremont, in an adjoining city, or within an unincorporated area. Where two or more adult business application are submitted for businesses which could be located in closer proximity to each other than 150 feet, the application which was

accepted first in time shall be processed by the City, with any later submitted applications deemed nonconforming until such time as a determination is made by the City on the initial application.

• C. The distances set forth above shall be measured as follows:

  1. The distance between any adult business and any residential zoning district or use, park, religious institution, or school shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the primary entrance of the adult business to the nearest property line of such residential zoning district or use, park, religious institution, or school.

  2. The distance between any two adult businesses shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the closest point of each business.

• D. No more than one adult business shall be allowed within the same building, or portion thereof, or within the same commercial/industrial center or complex unless each business is separated from another adult business by more than 150 feet pursuant to subsection B of this section. No sex supermarket or sex minimall as defined in Chapter 5.48 of the Municipal Code is permitted in the City of Claremont.

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No adult business shall be established or continued, no substantial enlargement of an adult business shall be undertaken, and no adult entertainers shall perform upon the premises of an adult business without first complying with all requirements of Chapter 5.48 of the Claremont Municipal Code. (08-05)

In addition to complying with the requirements of Municipal Code Chapter 5.48 , adult businesses shall comply with all applicable standards and regulations of this title, including, but not limited to, standards and regulations pertaining to business location, building setbacks, height and size, architectural review, parking, landscaping, and signs. (08-05)

Any use of real property existing on March 28, 2002 which does not conform to the provisions of this chapter and Chapter 5.48 of the Municipal Code, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for one year after the March 28, 2002. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved in accordance with the provisions of this chapter.

• A. Abandonment

Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult business shall result in a loss of legal nonconforming status of such use. For purposes of this chapter, vacancy of the lot or structure for 90 days or more shall be conclusive evidence of abandonment regardless of intent.

• B. Amortization of Annexed Property

Any adult business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of this chapter, shall be terminated within one year of the date of annexation unless an extension of time has been approved in accordance with the provisions of this chapter. (08-05)

The owner or operator of a nonconforming use as described in Section 16.097.050 may apply under the provisions of this section to the Director of Community Development for an extension of time within which to terminate the nonconforming use.

• A. Time and Manner of Application

An application for an extension of time within which to terminate a use made nonconforming by the provisions of this chapter or Chapter 5.48 of the Municipal Code may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the Director of Community Development or his/her designee, at least 90 days, but no more than 180 days, prior to the time established in Section 16.097.050 for

termination of such use. The use may continue pending conclusion of the hearing on the application, and any requested judicial review.

• B. Content of Application—Fees

The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for an appeal of an adult business permit as is set forth in the schedule of fees established by resolution from time to time by the City Council. An application which fails to state a basis upon which an extension may be granted, as required herein below in this section, shall be returned to the applicant as nonresponsive, together with the application fee less any administrative costs of processing the application.

C. Hearing Procedure

The Director of Community Development shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within 45 days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues; and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.8 .

• D. Approval of Extension—Findings

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

1. The applicant has made a substantial investment (including, but not limited to, lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to March 28, 2002, or prior to the date of annexation; and

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

3. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 16.097.020 .

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