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ORDINANCE 1260ORDINANCE NO. -j_Uo
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL
ASSESSMENT NO. EA -376A AND ZONE TEXT AMENDMENT 96 -1A
AMENDING THE EL SEGUNDO MUNICIPAL CODE BY
AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING
CODE), AND THE SMOKY HOLLOW SPECIFIC PLAN, ALL OF
WHICH ARE COVERED BY A PREVIOUSLY CERTIFIED
ENVIRONMENTAL IMPACT REPORT. PETITIONED BY THE
CITY OF EL SEGUNDO.
WHEREAS, on December 1, 1992, the City of El Segundo adopted a General Plan for the years
1992 -2010; and
WHEREAS, on December 1, 1992, the City of El Segundo certified an Environmental Impact
Report as a complete and adequate document in accordance with the authority and criteria contained
in the California Environmental Quality Act and the City of El Segundo Guidelines for the
implementation of the California Environmental Quality Act and adopted a Statement of Overriding
Consideration; and
WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt a Negative
Declaration of Environmental Impacts for the amendments to Title 19 (Subdivisions) and Title 20 (The
Zoning Code) and a new Zoning Map, finding that there were no environmental impacts associated with
the amendments that were not analyzed in the Master Environmental Impact Report certified by the
City Council for the General Plan on December 1, 1992; and
WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt Ordinance No.
1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map; and
WHEREAS, on February 6, 1996, the City Council did, pursuant to law, adopt Ordinance No.
1245 adopting revisions to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and modifications to
the Zoning Map; and
WHEREAS, on April 25, 1996, the Planning Commission did hold, pursuant to law, a public
workshop to review revisions to the Zoning Code and Smoky Hollow Specific Plan; and
WHEREAS, on May 23 and June 13, 1996, the Planning Commission did conduct, pursuant to
law, duly advertised public hearings on revisions to the Zoning Code and the Smoky Hollow Specific
Plan, and notice was given in the time, form and manner prescribed by law; and
WHEREAS, on June 13, 1996, the Planning Commission adopted Resolution No. 2379
recommending to the City Council approval of Environmental Assessment EA -376A and Zone Text
Amendments ZTA 96 -1A regarding amendments to the Zoning Code and Smoky Hollow Specific Plan;
and,
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WHEREAS, on July 16, August 5, and August 20, 1996, the City Council did conduct, pursuant
to law, duly advertised public hearings on revisions to the Zoning Code and the Smoky Hollow Specific
Plan, and notice was given in the time, form and manner prescribed by law; and
WHEREAS, opportunity was given to all persons to present testimony or documentary evidence
for or against EA -376A and ZTA 96 -1A, the revisions to the Zoning Code and the Smoky Hollow Specific
Plan; and
WHEREAS, at said hearings the following facts were established:
1. The purpose of the revisions to the Zoning Code and Smoky Hollow Specific Plans is to refine and
make appropriate adjustments to the development standards and other zoning requirements in
order to address concerns raised by the community about the future development of the City.
NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of
proposed Environmental Assessment EA -376A and ZTA 96 -1A the City Council finds as follows:
0__t�_
1. The proposed Zoning Code and Smoky Hollow Specific Plan amendments are consistent with the
1992 General Plan.
1. The City Council previously adopted EA -275 and Ordinance No. 1189 certifying a Final
Environmental Impact Report on December 1, 1992, for the 1992 General Plan; finding that the
Final EIR was a complete and adequate document, properly identifying potential environmental
impacts and potential mitigation measures to reduce the identified impacts. The proposed
changes in the Zoning Code are not separate and independent land -use actions. They are
changes contemplated merely to implement the General Plan. There are no changes in the land -
use designations and no changes to floor area ratios. Pursuant to 15168 of the California
Environmental Quality Act (CEQA), they are not likely to create any environmental impacts not
already considered by the General Plan Final EIR.
2. The City Council hereby determines that the project is covered by the previously certified
Environmental Impact Report and the General Plan Program EIR adequately describes the
proposed project for the purposes of complying with the California Environmental Quality Act
(CEQA).
3. That when considering the whole record, there is no evidence that the project will have the
potential for an adverse effect on wildlife resources or on the habitat on which wildlife depends
4. That within 10 days following the final adoption of the Zone Text Amendments by the City
Council, the City shall file a De Minimus Finding with the County of Los Angeles Recorders
Office, pursuant to AB 3158 and the California Code of Regulations and shall file a Notice of'
Exemption, pursuant to the California Environmental Quality Act. Until appropriate notices are
filed with the County of Los Angeles, the project shall not be deemed to be vested and no permits
may be issued.
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1. The City Council finds that this Ordinance, in addition to the general police power authority of
cities to enact measures to promote the health, safety, peace, and welfare of its residents, is
adopted in accordance with Government Code Section 65850(g). The City Council finds that the
authority to adopt this Chapter pursuant to Government Code Section 65850(8) is independent
of the City's police powers to regulate adult- oriented businesses and that the Planning
Commission would have adopted this Chapter, and each Section, paragraph, subsection,
sentence, or phrase or part thereof, irrespective of any express authority provided by Govem me n'.
Code Section 68580(g).
2. It is the purpose and intent of this Ordinance to establish proper regulations and to provide for
a reasonable number of approximately located sites for Adult- Oriented Businesses within the
City of El Segundo, based upon the following findings:
A. The following studies that substantiate the adverse, secondary effects of Adult- Oriented
Businesses were reviewed by the City of El Segundo:
Austin, Texas: 1986
Indianapolis, Indiana: 1984
Los Angeles, California: 1977
Phoenix, Arizona: 1979
St. Paul, Minnesota: 1989
Garden Grove, California: 1991
Upland, California: 1992
Santa Maria, California: 1993
B. Based on the foregoing studies and the other studies and evidence presented, the City
Council of the City of El Segundo finds that:
1. Adult- Oriented Businesses are linked to increases in the crime rates of those areas
in which they are located and that surround them; and,
2. Both the proximity of Adult- Oriented Businesses to sensitive land uses and the
concentration of Adult- Oriented Businesses tend to result in the blighting and
downgrading of the areas in which they are located.
C. The studies conducted in various communities in other jurisdictions have demonstrated
that the proximity and concentration of Adult - Oriented Businesses adjacent to
residential, recreational, religious, educational, or other Adult- Oriented Businesses can
cause other businesses and residents to move elsewhere.
D. The studies conducted in various communities in other jurisdictions have demonstrated
that Adult- Oriented Businesses are linked to increases in the crime rates and blighting
of those areas in which they are located and that surround them.
E. The need to regulate the proximity of Adult- Oriented Businesses to sensitive land uses
such as residential, religious, educational, recreational, and other Adult- Oriented
Businesses is documented in studies conducted by other jurisdictions as listed elsewhere
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in this Section.
F. The report of the State of Minnesota Attorney General's Working Group on the regulation
of sexually oriented businesses dated June 6, 1986, indicates that:
Community impacts of sexually oriented businesses are primarily a function of
two variables, proximity to residential areas and concentration. Property values
are directly affected within a small radius, typically one block, of the location of
a sexually oriented business. Concentration may compound depression of property
values and may lead to an increase of crime sufficient to change the quality of life
and perceived desirability of property in a neighborhood; and,
2. The impacts of sexually oriented businesses are exacerbated when they are
located near each other. When sexually oriented businesses have multiple uses
(i.e. theater, bookstore, nude dancing, peep booths), one building can have the
impact of several separate businesses.
G. In consideration of the findings of the report of the State of Minnesota Attorney General's
Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it
is appropriate to prohibit the concentration of multiple Adult- Oriented Businesses within
one building in order to mitigate the compounded adverse secondary effects associated
with such concentrations as described above.
H. The provisions of this Chapter have neither the purpose nor effect of imposing a
limitation or restriction on the content of any communicative materials, including
sexually - oriented materials, that are protected by the First Amendment of the United
States Constitution and the relevant provisions of the California State Constitution.
The proposed parking standards are necessary in the interests of the public health,
safety, and welfare to provide for an appropriate amount of off - street parking.
NOW, THEREFORE, BE IT FURTHER ORDAINED THAT the City Council approves EA -376A and
ZTA 96 -1A, and adopts changes to the El Segundo Municipal Code as follows:
SECTION 1. Section 20.08.025 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
entitled Adult Bookstore, is hereby repealed in its entirety.
SECTION 2. Section 20.08.030 of Chapter 20.08, Title 20, of the E1 Segundo Municipal Code,
the definition of Adult Cabaret, is hereby repealed in its entirety.
SECTION 3. Section 20.08.035 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
the definition of Adult Mini - Motion Picture Theater, is hereby repealed in its entirety.
SECTION 4. Section 20.08.040 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
the definition of Adult Motel, is hereby repealed in its entirety.
SECTION 5. Section 20.08.045 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
the definition of Adult Motion Picture Theater, is hereby repealed in its entirety.
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SECTION 6. Section 20.08.050 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
the definition of Adult Related Nude Model Studio, is hereby repealed in its entirety.
SECTION 7. Section 20.08.055 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
the definition of Adult Related Nudity, is hereby repealed in its entirety.
SECTION 8. Section 20.08.060 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
the definition of Adult Related Sexual Encounter/Rap Center, is hereby repealed in its entirety
SECTION 9. Section 20.08.065 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
the definition of Adult Related Sexually Oriented Business, is hereby repealed in its entirety.
SECTION 10. Section 20.08.070 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
the definition of Adult Related Sexual Novelty Store, is hereby repealed in its entirety.
SECTION 11. Section 20.08.075 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
the definition of Adult Related Specified Anatomical Areas, is hereby repealed in its entirety.
SECTION 12. Section 20.08.080 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
the definition of Adult Related Specified Sexual Activities, is hereby repealed in its entirety.
SECTION 13. Section 20.08.083 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
the definition of Adult Theater, is hereby repealed in its entirety.
SECTION 14. Section 20.08.085 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
the definition of Adult Video or Arcade Stores, is hereby repealed in its entirety
SECTION 15. Section 20.08.385 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
the definition of Escort, is hereby repealed in its entirety.
SECTION 16. Section 20.08.390 of Chapter 20.08, Title 20, of the El Segundo Municipal Code,
the definition of Escort Agency, is hereby repealed in its entirety.
SECTION 17. Section 20.08.499 shall be added to Chapter 20.08, Title 20, of the El Segundo
Municipal Code to read as follows:
20.08.499 INTER -MODAL TRANSIT FACILITY.
"Inter -modal transit facility" means a facility which provides safe and convenient
automobile, bus, van, bicycle, and pedestrian access to a metro rail station by providing,
among other things, park- and -ride, kiss- and -ride, and vanpool facilities, motorcycle and
bicycle parking, special bus loading areas, and other passenger amenities such as transit
information kiosks, telephones, and bicycle racks.
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SECTION 18. Section 20.08.613 shall be added to Chapter 20.08, Title 20, of the El Segundo
Municipal Code to read as follows:
20.08.613 MOTION PICTURE/TELEVISION PRODUCTION FACILITIES.
"Motion picturettelevision production facilities" means outdoor or enclosed facilities
for the production, recording, editing, distribution, transmission, broadcasting, and
creating of motion pictures and broadcast communications and telecommunications,
which may include ancillary facilities customarily associated with and incidental to such
facilities, including, sound studios, set construction facilities, special effects facilities,
catering facilities, printing facilities, and other entertainment related post - production
facilities and offices.
SECTION 19. Section 20.12.040 A. of Chapter 20.12, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
A. Retaining Walls
Where a retaining wall protects a cut slope below the natural grade, the retaining
wall may be topped by a fence, wall, or hedge of a height equal to that which
would otherwise be permitted at that location. This does not apply to retaining
walls which protect a fill slope.
Where a retaining wall contains a fill, the height of the retaining wall built to
retain the fill shall be considered as contributing to the permissible height of a
fence, wall or hedge. A protective fence or guard rail, not more than 48 inches in
height, may be erected on top of the retaining wall, provided that any portion of
the fence above the maximum height shall be an open work fence. An 'open work
fence" means a fence in which the component solid portions are evenly distributed,
vertically oriented, and constitute not more than 25% of the total surface area of
the fence.
SECTION 20. Section 20.18.040 of Chapter 20.18, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
20.18.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional use permit
consistent with Chapter 20.74, Variance and Conditional Use Permit.
A. Buildings or structures allowed in conjunction with Permitted Uses which exceed
the height limitations of Section 20.18.050;
B. Inter -modal transit facilities entirely within 500 feet of a Metro Green Line
station, a minimum of 500 feet from residential property, and with a parking time
limit of 24 consecutive hours;
C. Landscape nurseries (no wholesale or retail sales on premises);
D. Private recreation;
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E. Recreational or multi - purpose recreational building in conjunction with park or
playground facilities;
F. Utility facilities; and,
G. Other similar uses approved by the Director of Planning and Building Safety, as
provided by Section 20.72, Administrative Determinations.
SECTION 21. Section 20.31.040 of Chapter 20.31, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
20.31.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional use permit, as
provided by Chapter 20.74, Variance and Conditional Use Permit:
A. Churches, church schools and religious facilities;
B. Drive -thru restaurants;
C. On -site sale and consumption of alcohol at bars;
D. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total dining area
of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of
floor area;
E. Service Stations;
F. Video arcade with 8 or more video or arcade machines; and,
G. Other similar uses as approved by the Director of Planning and Building Safety,
as provided by Chapter 20.72, Administrative Determinations.
SECTION 22. Section 20.32.040 of Chapter 20.32, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
20.32.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional use permit, as
provided by Chapter 20.74, Variance and Conditional Use Permit.
A. Bed and breakfast inns;
B. Drive -thru restaurants;
C. On -site sale and consumption of alcohol at bars:
D. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
7 l 26 A
restaurants where outdoor dining comprises 20% or less of the total dining area
of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of
floor area;
E. Service station; and,
F. Other similar uses approved by the Director of Planning and Building Safety, as
provided by Chapter 20.72, Administrative Determinations.
SECTION 23. Section 20.33.040 of Chapter 20.33, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
20.33.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional use permit, as
provided by Chapter 20.74, Variance and Conditional Use Permit.
A. Drive -thru restaurants;
B. Freight forwarding;
C. Helicopter landing facilities subject to the provisions of Section 20.12.160;
D. On -site sale and consumption of alcohol at bars;
E. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total dining area
of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of
floor area;
F. Service station; and,
G. Other similar uses approved by the Director of Planning and Building Safety, as
provided by Chapter 20.72, Administrative Determinations.
SECTION 24. Section 20.34.040 of Chapter 20.34, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
20.34.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional use permit, as
provided by Chapter 20.74, Variance and Conditional Use Permit:
A. Drive -thru restaurants;
B. Freight forwarding;
C. Helicopter landing facilities subject to the provisions of Section 20.12.160;
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D. On -site sale and consumption of alcohol at bars;
E. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total dining area
of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of
floor area;
F. Service station; and,
G. Other similar uses approved by the Director of Planning and Building Safety, as
provided by Chapter 20.72, Administrative Determinations.
SECTION 25. Section 20.36.020 of Chapter 20.36, Title 20, of the E1 Segundo Municipal Code
is amended to read as follows:
20.36.020 PERMITTED USES.
The following uses are permitted in the MU Zone:
A. Business service establishments such as electronic computer facilities and
addressing services;
B. General offices of commercial, financial or industrial establishments;
C. Engineering, industrial design, consultation and other offices;
D. Financial institutions;
E. Hotels and motels;
F. Medical - dental offices or facilities;
G. Motion picture /television production facilities (excluding outdoor facilities);
H. Restaurants, coffee shops and cafes;
I. Retail (excluding off -site alcohol sales) and wholesale sales and service;
J. Scientific research and experimental development laboratories;
K. Theaters;
L. Trade union halls, clubs, including service clubs, veterans' organizations, lodges
and similar nonprofit organizations; and,
M. Other similar uses approved by the Director of Planning and Building Safety, as
provided by Chapter 20.72, Administrative Determinations.
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SECTION 26. Section 20.36.040 of Chapter 20.36, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
20.36.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional use permit, as
provided by Chapter 20.74, Variance and Conditional Use Permit:
A. Catering services and flight kitchens;
B. Drive -thru restaurants;
C. Freight forwarding;
D. Helicopter landing facilities subject to the provisions of Section 20.12.160;
E. Hospitals;
F. Motion picture /television production facilities (outdoor facilities only);
G. On -site sale and consumption of alcohol at bars;
H. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total dining area
of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of
floor area;
I. Parking facilities, including park and ride lots;
J. Recreational facilities (public and commercial);
K. Service stations; and,
L. Other similar uses approved by the Director of Planning and Building Safety, as
provided by Chapter 20.72, Administrative Determinations.
SECTION 27. Section 20.36.045 shall be added to Chapter 20.36, Title 20, of the El Segundo
Municipal Code to read as follows:
20.36.045 ADULT BUSINESS PERMITS
Adult - oriented businesses shall be allowed subject to obtaining an Adult Business Permit,
as provided by Chapter 20.80, Adult Use Zoning Regulations.
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SECTION 28. Section 20.40.040 of Chapter 20.40, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
20.40.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional use permit, as
provided by Chapter 20.74, Variance and Conditional Use Permit:
A. Any use permitted in the MU, CO, C -3, C -2 and C -RS Zones, except residential
uses and sexually oriented businesses;
B. Drive -thru restaurants;
C. Freight forwarding, transfer, trucking yards or terminals;
D. Helicopter landing facilities subject to the provisions of Section 20.12.160;
E. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total dining area
of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of
floor area;
F. Service station; and,
G. Other similar uses approved by the Director of Planning and Building Safety, as
provided by Chapter 20.72, Administrative Determinations.
SECTION 29. Section 20.41.040 of Chapter 20.41, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
20.41.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be subject to obtaining a conditional use permit, as provided by
Chapter 20.74, Variance and Conditional Use Permit:
A. Any use permitted in the M -1, MU, CO, C -3, C -2 and C -RS zones, except
residential uses and sexually oriented businesses;
B. Drive -thru restaurants;
C. Freight forwarding;
D. Helicopter landing facilities subject to the provisions of Section 20.12.160;
E. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total dining area
of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of
floor area;
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F. Service station; and,
G. Other similar uses approved by the Director of Planning and Building Safety, as
provided by Chapter 20.72, Administrative Determinations.
SECTION 30. Section 20.42.040 of Chapter 20.42, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
20.42.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional use permit, as
provided by Chapter 20.74, Variance and Conditional Use Permit:
A. Drive -thru restaurants;
B. Freight forwarding;
C. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total dining area
of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of
floor area;
D. Service stations; and,
E. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Chapter 20.72, Administrative Determinations.
SECTION 31. Section 20.43.040 of Chapter 20.43, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
20.43.040 USES SUBJECT TO A CONDITIONAL USE PERMIT
The following uses shall be allowed subject to obtaining a conditional use permit, as
provided by Chapter 20.74, Variance and Conditional Use Permit:
A. Drive -thru restaurants;
B. Freight forwarding;
C. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total dining area
of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of
floor area;
D. Service stations; and,
E. Other similar uses approved by the Director of Planning and Building Safety, as
provided by Chapter 20.72, Administrative Determinations.
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SECTION 32. Section 20.44.040 of Chapter 20.44, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
20.44.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional use permit, as
provided by Chapter 20.74, Variance and Conditional Use Permit:
A. Drive -thru restaurants;
B. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total dining area
of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of
floor area;
C. Service stations; and,
D. Other similar uses approved by the Director of Planning and Building Safety, as
provided by Chapter 20.72, Administrative Determinations.
SECTION 33. Section 20.54.030 B. of Chapter 20.54, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
B. Nonresidential Uses
NONRESIDENTIAL USES
NUMBER OF PARKING SPACES
REQUIRED
(1)
Hospitals:
11 /a spaces for each bed.
(2)
Hotels:
1 space for each of the first 100 rooms; 3/4 space
for each of the next 100 rooms; and 1/2 space for
each room above 200 rooms.
(3)
Motels, auto courts, bed
1 space for each sleeping unit.
and breakfast inns,
motor lodges, and tourist
courts:
(4)
Seniors' communities,
1 space for each 2 beds.
rest homes, convalescent
homes:
(5)
Offices, commercial, and
1 space for each 300 sq. ft. for the first 25,000
food -to -go uses:
sq. ft.
1 space for each 350 sq. ft. for the second
25,000 sq. ft.
1 space for each 400 sq. ft. for the area in
excess of 50,000 sq. ft.
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(6)
Restaurants, drive -thru
1 space for each 75 sq. ft., including outdoor
restaurants, bars and
dining areas if outdoor dining area exceeds
cocktail lounges:
200 sq. ft. or 20% of indoor dining area,
whichever is less.
No parking is required for restaurants under
500 sq. ft. which do not provide sit -down
eating accommodations.
(7)
Manufacturing, research
1 space for each 500 sq. ft. for the first 50,000
and development
sq. ft.
(includes office with on-
1 space for each 1,000 sq. ft. for the area in
site testing facilities):
excess of 50,000 sq. ft.
(8)
Medical/Dental offices
1 space for each 200 sq. ft.
and clinics:
(9)
Warehouses and storage
1 space for each 1,000 sq. ft. for the first
buildings:
20,000 sq. ft.
1 space for each 2,000 sq. ft. for the second
20,000 sq. ft.
1 space for each 4,000 sq. ft. for the area in
excess of 40,000 sq. ft.
(10)
Automobile repair
2 spaces for each service stall plus 2 spaces for
garages, body shops, and
office.
service stations:
(11)
Schools, private
(a) Pre - school,
elementary through
1 space for each 1 classroom, plus 1 space for
junior high level:
each employee and faculty member.
(b) High school level:
1 space for each 3 students, plus 1 space for
each employee and faculty member.
© Adult level, college,
1 space for each 5 students, plus 1 space for
business and trade:
each employee and faculty member.
(12)
Places of public assembly
including, but not limited
to, theaters, auditoriums,
banquet facilities,
meeting rooms, clubs,
lodges and mortuaries:
(a) With fixed seats
1 space for every 3 seats.*
(b) Without fixed seats
1 space for every 30 sq. ft. of floor area used for
assembly purposes.
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11 (13) Churches: 1 1 space for every 4 seats.* 11
* Based upon the Uniform Building Code areas having fixed benches or pews
shall have 1 seat for each 18 inches of length. Dining areas shall have 1
seat for each 24 inches of booth length, or major portion thereof.
Compact parking shall be allowed for office and industrial uses to a maximum of twenty
(20 %) percent of required parking spaces. Parking spaces provided in excess of the
required number may be compact size. Compact parking shall not be allowed for retail
uses.
The Planning Commission may reduce the required amount of parking in the SB, MM,
Grand Avenue Commercial and Medium Density Residential Zones up to 10 %.
The Planning Commission may modify the required number of parking spaces based on
the submittal of a parking demand study. Additionally, for any use for which the number
of parking spaces is not listed, the Director of Planning and Building Safety or Planning
Commission shall specify the required number of spaces based on a parking demand
study.
SECTION 34. Section 20.72.045 of Chapter 20.72, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
20.72.045 FINDINGS FOR APPROVAL OF ADMINISTRATIVE USE PERMITS.
A. Before a non - alcohol related Administrative Use Permit may be granted, it shall
be found that:
There is compatibility of the particular use on the particular site in
relationship to other existing and potential uses within the general area
in which the use is proposed to be located;
2. The proposed use is consistent and compatible with the purpose of the zone
in which the site is located;
3. The proposed location and use and the conditions under which the use
would be operated or maintained will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity; and,
4. Potential impacts that could be generated by the proposed use, such as
noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been
recognized and compensated for.
B. In addition to the four findings above, before an alcohol - related Administrative
Use Permit may be granted, it shall also be found that:
The State Department of Alcohol Beverage Control has issued or will issue
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20.80.010 PURPOSE AND SCOPE
It is the purpose and intent of this Chapter to provide for the reasonable and uniform
regulation of Adult- Oriented Businesses in the City of El Segundo. It is recognized that
Adult- Oriented Businesses have a serious deleterious effect upon adjacent areas, as well
as the areas in which they are located. It is therefore the purpose of this Chapter to
establish criteria and standards for the establishment and conduct of Adult- Oriented
Businesses which will protect the public health, safety, and welfare, preserve locally
recognized values of community appearance, minimize the potential for nuisances related
to the operation of Adult- Oriented Businesses, and maintain local property values.
A. The special regulation of Adult- Oriented Businesses is necessary to ensure that
their adverse secondary effects will not contribute to an increase in the crime rates
or the blighting or downgrading of the areas in which they are located or
surrounding areas. The need for the special regulation is based on the recognition
that Adult- Oriented Businesses have serious objectionable operational
characteristics, particularly when several of them are concentrated under certain
circumstances or located in direct proximity with sensitive uses such as residential
zones and uses, parks, schools, churches, or day care centers, thereby having a
deleterious effect upon the adjacent areas.
B. It is the purpose and intent of these special regulations to prevent the
concentration or location of Adult- Oriented Businesses in a manner that would
create such adverse secondary effects. Thus, in order to protect and preserve the
public health, safety, and welfare of the citizenry, especially including minors, the
special regulation of the time, place, and manner of the location and operation of
Adult- Oriented Businesses is necessary.
C. The need to regulate the proximity of Adult- Oriented Businesses to sensitive land
uses such as residential, religious, educational, recreational, and other Adult -
Oriented Businesses is documented in studies which were the basis of the time,
place, and manner restrictions contained in this Chapter.
D. The provisions of this Chapter have neither the purpose nor effect of imposing; .1
limitation or restriction on the content of any communicative materials, including
sexually- oriented materials, that are protected by the First Amendment of the
United States Constitution and the relevant provisions of the California State
Constitution.
20.80.020 DEFINITIONS -- ADULT- ORIENTED BUSINESS.
A. An 'Adult- Oriented Business' is any business where employees or patrons
expose 'specified anatomical areas' or engage in or simulate 'specified sexual
activities,' or any business which offers to its patrons services or entertainment
or goods characterized by an emphasis on matter depicting, exposing, describing,
discussing, or relating to'specified sexual activities' or'specified anatomical areas.'
Adult- Oriented Businesses do not include bona fide medical establishments
operated by properly licensed and registered medical personnel with appropriate
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a license to sell alcohol to the applicant.
SECTION 35. Section 20.72.060 of Chapter 20.72, Title 20, of the El Segundo Municipal Code
is amended to read as follows:
20.72.060 PLANNING COMMISSION REVIEW.
Written determinations on administrative use permits, made by the Director of Planning
and Building Safety, shall be placed as receive and file items on the next available agenda
of the Planning Commission. Prior to the written determination being placed on a
Planning Commission agenda, the Director of Planning and Building Safety shall give
public notice, as provided for in Chapter 20.90 Procedures for Hearings, Notice and Fees,
of the intention of the Planning Commission to receive and file the determination of the
Director of Planning and Building Safety. Any Planning Commissioner may request that
an item be discussed and a decision on the application be made by the Planning
Commission instead of received and filed. No decision of the Director of Planning and
Building Safety is final until the decision is received and filed or acted upon by the
Planning Commission or upheld on appeal.
SECTION 36. Chapter 20.80 shall be added to Title 20 of the El Segundo Municipal Code to reed
as follows:
Chapter 20.80 ADULT USE ZONING REGULATIONS
Sections:
20.80.010 PURPOSE AND SCOPE.
20.80.020 DEFINITIONS -- ADULT- ORIENTED BUSINESS.
20.80.030 DEFINITIONS -- RELATED WORDS AND PHRASES.
20.80.040 DEFINITIONS -- SPECIFIED ANATOMICAL AREAS AND SPECIFIED SEXUAL
ACTIVITIES.
20.80.050 ADULT BUSINESS PERMIT -- ADULT- ORIENTED BUSINESS -- APPLICATION.
20.80.060 TIMELINE FOR LAND USE REVIEW AND DECISIONS CONCERNING ADULT
BUSINESS PERMIT.
20.80.070 PLANNING COMMISSION AND CITY COUNCIL FINDINGS REQUIRING
APPLICATION APPROVAL.
20.80.080 APPEALS TO THE CITY COUNCIL
20.80.090 RESERVATION OF RIGHT TO REVIEW ADULT BUSINESS PERMIT -- CHANGED
CONDITIONS.
20.80.100 APPLICABILITY AND NON - CONFORMING PERIOD.
20.80.110 CONTINUATION OF NON - CONFORMING BUILDINGS AND USES.
20.80.120 EXTENSION OF NON - CONFORMING USE AMORTIZATION PERIOD
(ADULT- ORIENTED BUSINESSES).
20.80.130 LOCATION, DESIGN, AND PERFORMANCE STANDARDS.
20.80.140 SEXUAL ACTIVITIES PROHIBITED.
20.80.150 ESTABLISHMENT OF AN ADULT - ORIENTED BUSINESS.
20.80.160 PARTIAL INVALIDITY.
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medical credentials for the treatment of patients. Adult- Oriented Businesses also
do not include athletic or exercise facilities where 'specified anatomical areas' may
be exposed within a single -sex locker room or similar facility used for changing
clothing. An Adult- Oriented Business also does not include a bona fide 'Theater,'
as defined herein. An Adult- Oriented Business also does not include bona fide
`Motion Picture/Television Production Facilities,' as defined by Section 20.08.613
of the Zoning Code.
B. In determining whether a use is an Adult- Oriented Business, only conduct or
activities which constitute a regular and substantial course of conduct shall be
considered. 'Substantial' conduct includes any use which has a significant portion
of its floor area, stock -in- trade, entertainment/performance, or revenue derived
from material characterized by an emphasis on matters depicting, exposing,
describing, discussing, or relating to 'specified sexual activities' or 'specified
anatomical areas.' Isolated instances of conduct or activities described in this
Section as characterizing an Adult- Oriented Business shall not be considered
except where such activities, taken together, constitute a regular and substantial
course of conduct.
C. Adult- Oriented Businesses include, but are not limited to, the following:
Adult Arcade.
An 'Adult Arcade' shall mean any place to which the public is permitted
or invited wherein coin - operated or slug- operated, or electronically,
electrically, or mechanically controlled still or motion picture machines,
projections, 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 the depicting
or describing of 'specified sexual activities' or 'specified anatomical areas '
2. Adult Bookstore.
'Adult Bookstore' is an establishment which has, as a significant portion
of its stock -in- trade, floor area, or revenue derived from and offering for
sale for any form of consideration, any one (1) or more of the following:
a. Books, magazines, periodicals, or other printed matter,
photographs, films, motion pictures, video cassettes, slides, or other
visual representations which are characterized by an emphasis
upon the depiction or description of 'specified anatomical areas' or
'specified sexual activities;'
b. Instruments, devices, or paraphernalia which are designed for use
in connection with 'specified sexual activities;' or,
C. Goods which are replicas of, or which simulate, 'specified
anatomical areas' or 'specified sexual activities,' or goods which are
designed to be placed on or in 'specified anatomical areas,' or to be
18
1240,
used in conjunction with 'specified sexual activities.'
3. Adult Cabaret.
An 'Adult Cabaret' is a bar, nightclub, or similar establishment which
features dancers, strippers, or similar entertainers who expose 'specified
anatomical areas.'
4. Adult Motel.
An 'Adult Motel' means a hotel, motel, or similar commercial
establishment which:
a. Offers accommodations to the public for any form of consideration;
provides patrons with closed circuit television transmissions, films,
motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or
description of 'specified sexual activities' or 'specified anatomical
areas' and has a sign visible from the public right of way which
advertises the availability of this adult type of photographic
reproductions; and/or,
b. Offers a room for rent for a period of time that is less than ten (10
hours; and/or,
C. Allows a tenant or occupant of a room to subrent the room for a
period of time that is less than ten (10) hours.
5. Adult Motion Picture Theater.
An 'Adult Motion Picture Theater' shall mean a commercial
establishment where, for any form of consideration, films, motion pictures,
video cassettes, slides, or similar photographic reproductions are regularly
shown which are characterized by the depictions or description of 'specified
sexual activities' or 'specified anatomical areas.'
6. Adult Tanning Salon.
An 'Adult Tanning Salon' or 'Parlor' shall mean a business
establishment where patrons receive tanning services and patrons and/or
owners, agents and/or employees of the establishment expose specified
anatomical areas.
7. Adult Theater.
An 'Adult Theater' is any place, building, enclosure, theater, concert hall,
auditorium, or structure, partially or entirely used for live performances
or presentations, which place, building, enclosure, theater, concert hall,
auditorium, or structure is used for presenting matter characterized by an
19
1260
emphasis on depicting, exposing, describing, or relating to 'specified sexual
activities' or 'specified anatomical areas' for observation by patrons
therein. Such place shall also include an adult theater wherein persons
are regularly featured appearing in a state of nudity or giving live
performances which are characterized by an emphasis on depicting,
exposing, describing, or relating to 'specified sexual activities' or 'specified
anatomical areas.' An 'Adult Theater' shall not mean a bona fide 'Theater,
as hereinafter defined.'
8. Nude Model Studio.
A'Nude Model Studio' means any place where a person who appears in
a state of nudity or displays 'specified anatomical areas' is provided to be
conversed with or be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by other persons, for any form of
consideration, except photography conducted at bona fide `Motion
Picture/Television Production Facilities' as defined by Section 20.08.613 of
the Zoning Code. Nude model studio shall not include any classroom of any
school licensed under State law to provide art education, while such
classroom is being used in a manner consistent with such State license.
9. Sex Supermarket/Sex Mini -Mall.
A 'Sex Supermarket/Sex Mini -Mall' shall mean the establishment or
operation of more than one type of Adult- Oriented Business or use as
defined in this Development Code within the same building.
10. Sexual Encounter Center.
'Sexual Encounter Center' means a business or commercial enterprise
that, as one of its primary business purposes, offers for any form of
consideration:
a. Physical contact in the form of wrestling or tumbling between
persons of the opposite sex when one or more of the persons is in a
state of nudity or is semi -nude or is exhibiting specified anatomical
areas; or,
b. Activities between male and female persons and/or persons of the
same sex when one (1) or more of the persons is in a state of nudity
or is semi -nude or is exhibiting specified anatomical areas.
11. Sexual Novelty Store.
A 'Sexual Novelty Store' is an establishment having as a substantial
portion of its stock -in- trade, of its floor area, or its revenue derived from,
goods which are replicas of, or which simulate, 'specified anatomical areas,'
or'specified sexual activities,' or goods which are designed to be placed on
or in 'specified anatomical areas,' or to be used in conjunction with
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'specified sexual activities,' to cause sexual excitement.
12. Sexually Oriented Business.
A 'Sexually Oriented Business' is any business, where employees or
patrons expose 'specified anatomical areas' or engage in or simulate
'specified sexual activities,' or any business which offers to its patrons
services or entertainment or goods characterized by an emphasis on matter
depicting, exposing, describing, discussing, or relating to 'specified sexual
activities' or 'specified anatomical areas.'
13. Theater.
A 'Theater' shall mean a theater, concert hall, or similar establishment
that is primarily devoted to the production of artistic dance, literary,
dramatic, or comedic performances on stage. If any such performance
depicts, exposes, describes, or relates to 'specified sexual activities' or
'specified anatomical areas,' the theater shall be an adult business unless
one or more of the following is true:
a. Any emphasis on matters depicting, exposing, describing, or
relating to'specified sexual activities' oo'specified anatomical areas'
is on an occasional or incidental basis; or,
b. The performance is primarily devoted to a verbal presentation and
the spoken emphasis on matters depicting, describing, or relating
to 'specified sexual activities' or 'specified anatomical areas' is not
a significant portion of the entire verbal presentation; or,
C. The performance is primarily devoted to a visual presentation and
the emphasis on matters depicting, exposing, describing, or relating
to 'specified sexual activities' or 'specified anatomical areas' is not
intended to appeal to sexual interests.
20.80.030 DEFINITIONS -- RELATED WORDS AND PHRASES.
In addition to the terms defined in Sections 20.80.030 and 20.80.050, the following words
and phrases shall have the meaning set forth below:
A. Appeal.
Wherever the reference to an 'appeal' being filed or available to be filed is made
in this Chapter, such right of appeal shall also include the right to appeal
administrative determinations made by the Director of Planning and Building,
Safety /designee or the City Manager /designee pursuant to this Chapter and
Chapter 20.82, Appeal or Review to the Planning Commission and City Council
Wherever the term 'appeal' is used in this Chapter -- including any time limit to
act on an appeal, such term shall also mean a complete appeal being filed which
includes all identified information and payment of any appeal fee.
21 1260
B. Nudity or a State of Nudity.
'Nudity' or a'State of Nudity' means the appearance of a human bare buttock,
anus, male genitals, female genitals, or female breast.
C. Private Viewing Area.
'Private Viewing Area' means an area or areas in an Adult- Oriented Business
designed to accommodate no more than five (5) or less patrons or customers for
purposes of viewing or watching a performance, picture, show, film, videotape,
slide, movie, or other presentation. No private viewing areas shall be established,
maintained, or authorized which does not provide an unobstructed view of the
private viewing areas from a manager's station or from any other point outside the
private viewing area, and there shall be no doors, curtains, stalls, or other
enclosures creating a private viewing area.
E. Semi -Nude.
'Semi -Nude' means a state of dress in which clothing, including supporting straps
or devices, covers no more than the genitals, pubic region, and areolae of the
female breast.
F. Specified Criminal Act.
A'Specified Criminal Act' shall also mean 'Specified Criminal Acts' and include
sexual crimes against children; sexual abuse or assault; rape; or crimes connected
with another Adult- Oriented Business including, but not limited to, the
distribution of obscenity; violations involving the distribution, display, or sale of
material harmful to minors; prostitution; or pandering. 'Specified Criminal Acts'
shall exclude those acts which are authorized or required to be kept confidential
pursuant to Welfare and Institutions Code Sections 600 -900.
20.80.040 DEFINITIONS -- SPECIFIED ANATOMICAL AREAS AND SPECIFIED SEXUAL
ACTIVITIES.
The following words and phrases when used in this Chapter shall have the meaning set
forth below:
A. 'Specified Anatomical Areas' shall include any of the following human anatomical
areas:
1. Less than completely and opaquely covered genitals, pubic regions,
buttocks, anuses, or female breasts below a point immediately above the
top of the areolae; or,
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
B. 'Specified Sexual Activities' include all of the following:
22 1 26 0
The fondling or other erotic touching of the following human anatomical
areas: genitals, pubic regions, buttocks, anuses, or female breasts;
2. Human sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
3. Human masturbation, actual or simulated;
4. The actual or simulated infliction of pain by one human upon another, of-
by an individual upon himself or herself, for the purpose of the sexual
gratification or release of either individual, as a result of flagellation,
beating, striking, or touching of an erogenous zone, including without
limitation, the thigh, genitals, buttock, pubic region, or, if such person is
a female, a breast;
5. Sexual intercourse, actual or simulated, between a human being and an
animal; or,
6. Excretory functions.
20.80.050 ADULT BUSINESS PERMIT -- ADULT- ORIENTED BUSINESS -- APPLICATION.
In order to operate an Adult- Oriented Business within this City, the applicant or
proprietor of the business must obtain the license required by Chapter 5.04 of the El
Segundo Municipal Code and any other license required by Title 5 of the El Segundo
Municipal Code and an Adult Business Permit as required herein. It shall be unlawful
and a misdemeanor, subject to punishment in accordance with Section 1.12.010 et seq.
of the El Segundo Municipal Code, for an owner, operator, manager, or employee to
operate an adult - oriented business without processing an Adult Business Permit required
by this Chapter and any license required by Title 5 of the El Segundo Municipal Code
In order for the application to be deemed or determined complete, the applicant shall pay
the filing fee as set by Resolution of the City Council for an Adult Business Permit. All
applicants for such a permit, in addition to any application or documents required to be
filed pursuant to the provisions of the El Segundo Municipal Code, shall file a written,
signed, and verified application on a form provided by the Director of Planning and
Building Safety evidencing the following:
A. The name and permanent address of the applicant;
B. The name and business address of the applicant. If the applicant is a corporation,
the applicant shall provide the name of the corporation and the State of
Incorporation. The corporate name shall be exactly as set forth in its Articles of
Incorporation and the applicant shall show the name and address of each of the
officers, directors, and controlling stockholders owning no less than ten percent
(10 %) of the stock of the corporation. If the applicant is a partnership, the
application shall show the name and address of each of the partners, including
limited partners;
C. Location and address of the proposed Adult- Oriented Business;
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D. Legal description of the subject property;
E. A detailed description of the manner of providing proposed entertainment,
including type of entertainment and the number of persons engaged in the
entertainment;
F. Proposed hours of operation;
G. A floor plan showing where the specific entertainment uses are proposed to be
conducted within the building;
H. A site plan showing the location of the building, parking, landscaping, exterior
lighting, and signage for the proposed use;
I. The name or names of the person or persons having responsibility for the
management or supervision of the applicant's business and of any entertainment;
and,
J. Statement of the nature and character of the applicant's business if any, to be
carried on in conjunction with such entertainment.
Notwithstanding the fact that an application filed hereunder may be a 'public record'
under Government Code Section 6250 et seg., certain portions of such application contain
information vital to the effective administration and enforcement of the licensing and/or
permit scheme established herein which is personal, private, confidential, or the
disclosure of which could expose the applicant to a risk of harm. Such information
includes, but is not limited to, the applicant's residence address and telephone number,
the applicant's date of birth and/or age, the applicant's driver's license and/or Social
Security Number, and/or personal financial data. The City Council in adopting the
application and licensing and/or permit system set forth herein has determined in
accordance with Government Code Section 6255 that the public interest in disclosure of
the information set forth above is outweighed by the public interest in achieving
compliance with this Chapter by ensuring that the applicant's privacy, confidentially, or
security interests are protected. The City Clerk shall cause to be obliterated from any
copy of a completed license application made available to any member of the public, the
information set forth above.
20.80.060 TIMELINE FOR LAND USE REVIEW AND DECISIONS CONCERNING ADULT
BUSINESS PERMIT.
A. The Planning Commission shall conduct a public hearing on the completed Adult
Business Permit application within forty -five (45) days of its acceptance a-s
complete by the Director of Planning and Building safety, unless extended upon
the written consent of the Director of Planning and Building Safety and the
applicant. This forty -five (45) day review period shall be used by the City staff,
the Director of Planning and Building Safety, the Planning Commission, and
governmental agencies to complete the following necessary steps in the approval
process:
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1. Within two (2) working days of receipt of the completed application, the
Director of Planning and Building and Safety shall determine whether the
proposed use is subject to an exemption from the California Environmental
Quality Act, ('CEQA Exemption Review'); and,
2. Within the balance of the processing period, the Director of Planning and
Building Safety shall prepare an Initial Study and necessary proposed
environmental determination required by the California Environmental
Quality Act; and,
3. Prepare Public Notice of the consideration of the proposed environmental
determination and the Notice of Public Hearing on the permit application,
pursuant to Section 20.90.050 of the El Segundo Municipal Code; and,
4. Submit applicant fingerprints using the priority processing procedure to
the State Department of Justice for Criminal History background check so
that results may be obtained prior to the public hearing on the proposed
permit application. The results are guaranteed by the State to be issued
within seventeen (17) days of submittal; and,
5. Within thirty (30) days of the City's receipt of the completed application,
the following agencies and departments should have completed their
inspections and reviews of the proposed use and information contained in
the application, and should have issued a report to the Director of Planning
and Building Safety:
a. County Health Department;
b. City Fire Department;
C. Department of Planning and Building Safety for zoning compliance;
d. City Building Safety Staff; and,
e. The Police Department for criminal history purposes and bite
security issues for the individuals involved.
In the event that any of the aforementioned agencies or departments does
not complete its inspection and/or review within thirty (30) days of receipt
of the completed application by the City, that agency or department shall
be deemed to have waived that agency's or department's right to inspect
or review the proposed use and approval and that agency's or department's
approval shall not be necessary to grant the applicant an Adult Business
Permit; and,
6. Within forty -five (45) days of receipt of the completed application by the
City, the Planning Commission shall conduct a noticed hearing on the
application for an Adult Business Permit and shall approve the application
if the application meets the requirements of Section 20.80.080 hereof and
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shall deny the application if any of the findings set forth in Section
20.80.080 hereof cannot be made. The Planning Commission shall issue
its decision within fifteen (15) days of opening the public hearing.
However, in no event shall the Planning Commission fail to approve or
deny the application within sixty (60) days of receipt of the completed
application, unless consent to a later deadline is given by the applicant and
the Director of Planning and Building Safety. If the Planning Commission
fails to approve or deny the application within sixty (60) days, or any
extension thereof, of the receipt of the completed application, the
application shall be deemed approved by the Planning Commission
entitling the applicant to engage in the proposed use, subject to the
remaining provisions of this Chapter (including the filing of an appeal by
an interested party under Section 20.80.070 hereof) and all other
applicable laws and ordinances.
20.80.070 PLANNING COMMISSION AND CITY COUNCIL FINDINGS REQUIRING
APPLICATION APPROVAL.
A. The Planning Commission, or City Council on appeal, shall approve the
application for an Adult Business Permit unless it is unable to make one or more
of the following findings:
1. That all applicable filing fees have been paid.
2. That the applicant is not overdue in payment to the City of any taxes, fees,
fines, or penalties assessed against or imposed in relation to an existing or
former Adult- Oriented Business.
3. That the building, structure, equipment, and location used by the business
for which an Adult- Oriented Business License is required complies with
the requirements and standards of the health, building, zoning, fire, and
safety laws of the State of California, the El Segundo Fire Department, and
the City of El Segundo.
4. That the conduct of the Adult- Oriented Business as proposed by the
applicant, if permitted, will comply with all applicable laws; including but
not limited to, the City's building, zoning, fire, and health and safety
regulations.
5. That the City currently has no evidence demonstrating that the applicant
has knowingly made any false, misleading, or fraudulent statement of
material facts in the Adult Business Permit application or any other
document required by the City in conjunction therewith.
6. That the use is permitted in the zone, district, or area in which it is
proposed to be located and is in conformity with the applicable
development standards of that zone, district, or area -- including the
provision of required parking.
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7. That the use is in conformity with the locational criteria set forth in
Section 20.80.130 of this Code.
8. That the design of the site and the proposed improvements are in
compliance with all applicable design provisions of Section 20.80.130 of
this Code.
9. That the proposed conduct of the Adult- Oriented Business is in compliance
with all applicable performance standards of Section 20.80.130 of this
Code.
10. That the applicant, his or her employees, agents, partners, directors,
officers, controlling stock holders, or managers has not knowingly made
any false, misleading, or fraudulent statement of material fact in the
application for a permit, or in any report or record required to be filed with
any City or County agency or department.
11. That on the date that the business for which a permit is required herein
commences, or thereafter, there will be a responsible person on the
premises to act as manager at all times during which the Adult- Oriented
Business is open.
12. That the applicant is eighteen (18) years of age or older.
13. That an applicant, including partners of the applicant if the applicant is a
partnership, or officers, directors, and controlling shareholders if applicant
is a corporation, has not been convicted of a 'Specific Criminal Act' for
which:
a. Less than two (2) years have elapsed since the date of conviction or
the date of release from confinement, whichever is the later date,
if the conviction is of a misdemeanor offense for the 'Specified
Criminal Acts' which are sexual crimes against children; sexual
abuse or assault; rape; or crimes connected with another
Adult- Oriented Business including, but not limited to, distribution
of obscenity; distribution, display, or sale of material harmful to
minors; prostitution; or pandering.
b. Less than five (5) years have elapsed since the date of conviction or
the date of release from confinement, whichever is the later date,
if the conviction is of a felony offense; for the 'Specified Criminal
Acts' which are sexual crimes against children; sexual abuse or
assault; rape; or crimes connected with another Adult - Oriented
Business including, but not limited to, distribution of obscenity,
distribution, display, or sale of material harmful to minors,
prostitution; or pandering.
C. Less than five (5) years have elapsed since the date of conviction or
the date of release from confinement, whichever is the later date,
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if the convictions are of two (2) or more misdemeanors for the
'Specified Criminal Acts' which are sexual crimes against children;
sexual abuse or assault; rape; or crimes connected with another
Adult- Oriented Business including, but not limited to, distribution
of obscenity; distribution, display, or sale of material harmful to
minors; prostitution; pandering; or conviction of any such offense
occurring within twenty -four (24) months prior to application.
d. The fact that a conviction is being appealed shall have no effect on
disqualification of the applicant.
e. An applicant who has been convicted of any of the above described
'Specified Criminal Acts' may qualify to own, operate, or manage an
Adult- Oriented Business only when the required time period has
elapsed.
B. In acting on the application for an Adult Business Permit, the Planning
Commission or City Council on appeal shall not consider information authorized
or required to be kept confidential pursuant to Welfare and Institutions Code
Sections 600 to 900.
C. In the event the Planning Commission, or the City Council on appeal, denies an
Adult Business Permit application, the business, if operating, shall cease its
operations as an Adult- Oriented Business and no further activities regulated by
this Chapter or Chapter 5.04 of the El Segundo Municipal Code shall be conducted
on the premises unless and until an Adult Use Planning Permit and a license
required by Chapter 5.04 of the El Segundo Municipal Code is obtained.
20.80.080 APPEALS TO THE CITY COUNCIL.
A. If the application for an Adult Business Permit is denied by the Planning
Commission, the applicant shall have ten (10) days from the date of the Hearing
in which to appeal the decision to the City Council. If appealed, Notice of the
Public Hearing before the City Council shall be mailed and published in the City's
official newspaper and the hearing shall be held at the earliest possible date
authorized by law, but in no event later than thirty -five (35) days from the date
of the Planning Commission's action to approve or deny the application or from
the date the application was deemed approved. The City Council shall act on the
appeal within forty -five (45) days from the date the application was approved,
deemed approved, or denied by the Planning Commission. Otherwise, the
application shall be deemed approved and the applicant shall be entitled to engage
in the proposed use subject to the remaining provisions of this Chapter and all
other applicable laws and ordinances.
B. If the application for an Adult Business Permit is approved or deemed approved
by the Planning Commission's actions or failure to act, such action or inaction may
be appealed by the applicant or any aggrieved party by filing a letter of appeal,
28 1260
with the required appeal fee, with the City Clerk within ten (10) days of the date
of the application's approval or deemed approval. The procedures set forth in
subdivision (a) of this subsection 20.80.080 shall apply to an appeal by any
aggrieved party as well as to an appeal by the applicant.
20.80.090 RESERVATION OF RIGHT TO REVIEW ADULT BUSINESS PERMIT -- CHANGED
CONDITIONS.
A. Any Adult Business Permit granted or approved hereunder shall be granted or
approved with the City and its City Council, Planning Commission, and Director
of Planning and Building Safety retaining and reserving the right and jurisdiction
to review and modify the Adult Business Permit -- including the conditions of
approval - -based on changed circumstances. Changed circumstances include, but
are not limited to, the modification of the business, the change in scope, emphasis,
size, or nature of the business, and the expansion, alteration, or change of use.
The reservation of the right to review any permit granted or approval hereunder
by the City, City Council, Planning Commission, and Director of Planning and
Building Safety is in addition to, and not in lieu of, the right of the City, City
Council, Planning Commission, and Director of Planning and Building Safety to
review and revoke or modify any permit granted or approved hereunder for any
violations of the conditions imposed on such permit.
B. In the event the information requested pursuant to Section 5.04 of the El Segundo
Municipal Code is not available prior to the granting of the permit, the City shall,
if the application otherwise meets the requirements of the Municipal Code, issue
the permit. Should information later obtained pursuant to Section 5.04 of the
Municipal Code materially vary from that contained in the application, such
variance shall be cause to revoke the Permit. Any Permit issued prior to the City
receiving the information required by Section 5.04 of the Municipal Code shall
state clearly on its face that the license is subject to suspension or revocation
pursuant to Sections 5.04.210 and 5.12.026 of the Municipal Code.
20.80.100 APPLICABILITY AND NON - CONFORMING PERIOD.
A. All design and performance standards set forth in this Chapter are deemed to be
necessary for the protection of the public health, safety, and welfare and shall be
applicable and govern all existing and proposed Adult- Oriented Businesses
immediately upon adoption and passage of this Chapter.
B. In the event that there is any Adult- Oriented Business lawfully in existence prior
to the adoption of this Chapter and is not in compliance with the design and
performance standards of this Chapter, any such Adult- Oriented Business shall
conform to all design and performance standards within six (6) months of the
effective date of this Chapter.
20.80.110 CONTINUATION OF NON - CONFORMING BUILDINGS AND USES.
Notwithstanding the provisions of Chapter 20.70, Non - conforming Buildings and Uses,
the following provisions shall apply to Adult- Oriented Businesses:
29 1240
A. Any Adult- Oriented Business which is a non - conforming use on June 13, 1996,
shall be subject to an amortization period expiring June 13, 1999, and any
Adult- Oriented Business which becomes a non - conforming use after June 13.
1996, shall be subject to an amortization period of three (3) years commencing on
the date the use becomes non - conforming;
B. The owner of any Adult- Oriented Business which is a non - conforming use may
apply for extension of the amortization period, pursuant to Section 20.80.120 of
this Chapter. Such application shall be made prior to the expiration of the
amortization period unless the reviewing authority determines that good cause is
shown for late filing of the application;
C. Upon the conclusion of the amortization period, any Adult- Oriented Business
which is a non - conforming use shall cease all business operations and all signs,
advertising, and displays relating to said business shall be removed within thirty
(30) days;
D. Any non - conforming building may be continued and maintained, except as
provided in this Chapter, provided there are no structural alterations, except as
provided in this Chapter; and,
E. Any non - conforming use may be continued, except as provided in this Chapter,
provided that the use shall not be increased, enlarged, extended, or altered, except
as provided in this Chapter.
20.80.120 EXTENSION OF NON - CONFORMING USE AMORTIZATION PERIOD
(ADULT- ORIENTED BUSINESSES).
An application for extension of the amortization period for an Adult- Oriented Business
which is a non - conforming use shall be made as provided below:
A. The owner of the property on which an Adult- Oriented Business is located or the
owner of the Adult - Oriented Business who desires to extend the amortization
period must apply for approval of an extension not later than six (6) months prior
to expiration of the amortization period, unless the Director of Planning and
Building Safety determines that good cause is shown for late filing of the
application. Such application shall be made in writing on a form as prescribed by
the Director of Planning and Building and Safety and shall be accompanied by the
required fee as established by Resolution of the City Council. The party
requesting the extension of the amortization period shall bear the burden of proof
in establishing that the amortization period established by Section 20.80.120 of
the El Segundo Municipal Code is unreasonable and that the requested extension
is a reasonable amortization period for the owner to receive a fair rate of return
on the investment in the business. The party applying for the extension shall
furthermore be required in order to meet its burden of proof to submit the
documentation set forth in this Section.
B. Not later than thirty (30) days after submittal of an application to extend the
amortization period, the Director of Planning and Building Safety shall notify the
30 1260
applicant, in writing, if the application is not complete. A complete application
shall include:
1. The applicant's signature;
2. A written request for an extension of the amortization period which shall
include information relevant to the factors listed in subsection (f) below
and shall identify the term of the requested extension;
3. The required fees;
4. A mailing list, two sets of stamped envelopes, and two sets of gummed
labels with the names, addresses, and tax assessor parcel numbers of all
owners of real property, as shown on the latest assessment rolls, within a
radius of five- hundred feet (500') from the external boundaries of the
property on which the Adult- Oriented Business is located; and,
5. A tax assessor's parcel map identifying the properties to be notified within
the five - hundred foot (500') radius.
If the application is not complete, the Director of Planning and Building Safety
shall specify in writing those parts which are incomplete and shall identify the
manner by which the application can be made complete. If a written
determination is not provided to the applicant within thirty (30) calendar days
after it is submitted, the application shall be deemed complete.
C. The Planning Commission shall hold a noticed public hearing on the request for
an extension.
D. Criteria and Findings.
In determining whether to grant an extension of the amortization period for an
Adult- Oriented Business which is a non - conforming use, and in determining the
appropriate length of such an extension, the reviewing authority shall consider the
amount of investment in the business, the opportunities for relocation to a legally
permissible site, the costs of relocation, the effects of the business on the
surrounding area, and the following additional factors:
1. The present actual and depreciated value of business improvements;
2. The applicable Internal Revenue Service depreciation schedule or
functional non - confidential equivalents;
3. The remaining useful life of the business improvements;
4. The remaining lease term;
5. The ability of the business and/or land owner to change the use to a
conforming use; and,
31 1240
6. The date upon which the property owner and/or business operator received
notice of the non - conforming status of the Adult- Oriented Business and the
amortization requirements.
E. The Planning Commission, or City Council on appeal, shall receive and consider
evidence presented by the applicant and any other persons, and shall make
findings that the amortization period it establishes is reasonable in view of the
evidence and the criteria set forth above.
20.80.130 LOCATION, DESIGN, AND PERFORMANCE STANDARDS.
A. An Adult- Oriented Business shall not be established or located within five -
hundred feet (500') of.
1. Any County or City zone or land use district which contains the words
'Residence,' 'Residential,'' Ranches,' or 'Rural Living,' within its title;
2. Any residential use;
3. A State authorized, certified or licensed family care home, foster family
home, or group home;
4. A State authorized, certified or licensed residential facility, residential care
facility, residential care facility for the elderly, intermediate care facility
developmentally disabled habilitative or nursing, or congregate living
health facility;
5. Any church, chapel, or similar place of worship, or property zoned,
planned, or otherwise designated for such use by City action;
6. Any funeral parlor, mortuary, cemetery, or similar facility, or property
zoned, planned, or otherwise designated for such use by City action;
7. Any school, nursery school, day care center, small or large family day care
facility, park, or public or private playground, or property zoned, planned,
or otherwise designated for such use by City action;
8. Any other recreational facility where minors congregate, or property zoned,
planned, or otherwise designated for such use by City action, or,
9. Any hospital or similar health care facility.
B. An Adult- Oriented Business shall not be established or located within one
thousand feet (1000') of an existing Adult- Oriented Business. If two (2) or more
existing Adult- Oriented Businesses are located in closer proximity to each other
than one thousand feet (1000'), then in determining which of the businesses is or
are non - conforming, preference shall be given in the order of the respective
lengths of continuous uninterrupted operation of the businesses.
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1260
C. For the purposes of this Section, all distances shall be measured in a straight line,
without regard to intervening structures, from the nearest point of the building,
or structure in which the Adult- Oriented Business is or will be located to the
nearest property line of any land use, land use district, or zone described in
subsection A. above, or to the nearest point of the building or structure in which
an existing Adult - Oriented Business described in subsection B., above, is located.
D. No advertising sign or structure, advertisement, display, or other promotional
material depicting 'specified anatomical areas' or 'specified sexual activities' or
displaying instruments, devices, or paraphernalia designed for use in connection
with 'specific sexual activities,' shall be shown or exhibited so as to be visible from
any exterior area.
E. All building openings, entries, and windows shall be located, covered, or screened
to prevent viewing the interior from any exterior area.
F. No loudspeaker or sound equipment audible to persons in any public exterior area
shall be used in connection with an Adult- Oriented Business, and the business
shall be so conducted that sounds associated with the business are not emitted
into any public exterior area.
G. The establishment of an Adult- Oriented Business shall comply with the applicable
site development standards -- including parking - -of the zone, district, or area in
which the Adult- Oriented Business is located, the Building Codes, Fire Codes, and
the Health and Safety Codes of the City of El Segundo. An Adult- Oriented
Business shall comply with the applicable City of El Segundo permit and
inspection procedures. In addition, Adult- Oriented Businesses shall comply with
the following performance standards:
1. Each Adult- Oriented Business shall have a business entrance separate
from any other non -adult business located in the same building;
2. No Adult- Oriented Business shall be operated in any manner that permits
the observation by the public of any material depicting, describing, or
relating to 'specified sexual activities' or 'specified anatomical areas' from
any public way or from any location beyond the walls of the building or
portion thereof in which the Adult- Oriented Business is conducted;
3. The building entrance to the Adult- Oriented Business shall be clearly and
legibly posted with a notice indicating that minors are precluded from
entering the premises;
4. Each Adult- Oriented Business shall be provided with a manager's station
for the purpose of supervising activities within the business. A manager
shall be on duty on the premises during all times that the Adult- Oriented
Business is open to the public;
5. Any viewing room shall be visible from the manager's station of the
Adult- Oriented Business, and visibility of the entire viewing room from the
33
1260
manager's station shall be neither obscured nor obstructed by any curtain,
door, wall, or other structure;
6. All exterior areas of Adult- Oriented Businesses, including buildings,
landscaping, and parking areas, shall be maintained in a clean and orderly
manner free of trash, weeds, and debris in accordance with Chapter 9.54
of the El Segundo Municipal Code;
7. The maximum occupancy load, fire exits, fire lanes, and fire suppression
equipment shall be regulated, designed, and provided in accordance with
the regulations and standards of the El Segundo Fire Department and the
City's Building Department;
8. No Adult- Oriented Business shall operate between the hours of 2:00 a.m.
and 9:00 a.m. of any particular day. The Planning Commission, or City
Council on appeal, shall establish the actual permitted hours of operation
for each permit approved or granted. No owner, operator, manager, or
employee of an Adult- Oriented Business, regardless of whether or not a
permit has been issued for said business under the provisions of this
Chapter, shall allow such business to remain open for business, or to
permit any employee to engage in a performance, solicit a performance,
make a sale, solicit a sale, provide a service, or solicit a service between the
hours of 2:00 a.m. and 9:00 a.m. of any particular day or in violation of the
actual permitted hours of operation established in the conditions of
approval for the permit;
9. Off - street parking shall be provided for the Adult - Oriented Business as
specified for the zone, district, or area in which the business is located in
accordance with the parking provisions of Chapter 20.54, Off - street
Parking and Loading, and as follows:
a. Adult Theater, Adult Cabaret, Adult Motion Picture Theater, or
Adult Motion Picture Arcade. One parking space shall be provided
for every two (2) seats in the viewing room, or one parking space
shall be provided for every two (2) occupants per the allowable
occupant load as established by the Building Official and/or the
Fire Marshal, whichever standard is greater. In addition, one
parking space shall be provided for each employee on the maximum
shift;
10. Any person who operates or causes to be operated an Adult- Oriented
Business, other than an Adult Motel and regardless of whether or not an
Adult- Oriented Business License has been issued to said business under
this Chapter, which exhibits on the premises in a viewing room or viewing
booth of less than one hundred fifty (150) square feet of floor space, a film,
video cassette, or other video reproduction which depicts 'specified sexual
activities' or 'specified anatomical areas,' shall comply with the following
requirements:
34 1260
a. Upon application for an Adult- Oriented Business License, 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 shall
not be permitted. A manager's station(s) shall not exceed
thirty -two (32) square feet of floor area.
b. No alteration in the configuration or location of a manager's station
shall be made without the prior written approval of the Director of
Planning and Building Safety.
C. It is the duty of the permit holder to ensure 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.
d. 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. Restrooms shall not contain
video reproduction equipment. If the premises has two (2) or more
manager's stations designed, 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 from at least one (1) of the manager's stations. The
view required in this subsection shall be by direct line of sight from
the manager's station.
e. It shall be the duty of the permit holder and any employees present
on the premises to insure that the view area specified in subsection
d. above remains unobstructed by any doors, walls, 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 designed as an area in which patrons shall not be permitted
in the application filed pursuant to this Chapter;
11. An on -site security program shall be prepared and implemented including
the following items:
a. All off - street parking areas and building entries serving the
Adult - Oriented Business shall be illuminated during all hours of
operation with a lighting system designed to provide an average
maintained horizontal illumination of one (1) foot candle of light on
the parking surface and/or walkway. This required lighting level
is established in order to provide sufficient illumination of the
parking areas and walkways serving the Adult- Oriented Business
for the personal safety of patrons and employees and to reduce the
incidence of vandalism and theft. The lighting shall be shown on
the required site or plot plan and shall be subject to review for
35
1 ?60
compliance through the Design Review process by the Director of
Planning and Building Safety and the Chief of Police.
b. All interior portions of the Adult- Oriented Business, except those
areas devoted to motion pictures, shall be illuminated during all
hours of operation with a lighting system designed to provide a
minimum maintained horizontal illumination of not less than two
(2) foot candles of light.
C. For Adult- Oriented Businesses which exceed an occupant load of
one - hundred twenty -five (125) persons, the provision of on -site
security personnel shall be required during all business hours
pursuant to a plan to be reviewed and approved for adequacy by the
Chief of Police. Security personnel shall be licensed in accordance
with the California Business and Professions Code, to the
satisfaction of the Chief of Police;
12. Adult Motion Picture Theater or Adult Motion Picture Arcade.
a. A manager's station shall be located near the main entrance and
the station shall be provided with an unobstructed view of all
motion picture private viewing areas.
b. No adult motion picture theater or arcade shall be maintained or
operated unless the complete interior of the adult motion picture
theater or arcade is visible upon entrance to such adult motion
picture theater or arcade. No partially or fully enclosed booths or
partially or fully concealed booths shall be maintained.
C. Maximum Number of Devices. No person shall operate an adult
motion picture theater or arcade in which the number of image
producing devices exceeds the maximum occupancy load permitted
in any room or partitioned portion of a room in which an image
producing device is located; and,
13. Adult Hotel/Motel.
a. Evidence that a room in a hotel, motel, or a similar commercial
establishment has been rented or subrented and vacated two (2) or
more times in a period of time that is less than ten (10) hours on a
recurring basis, creates a rebuttable presumption that the
establishment is an adult hotel/motel as that term is defined in this
Chapter.
b. A person is in violation of the provisions of this Chapter if such
person rents or sub -rents a room at a location without an
Adult- Oriented Business License and an Adult Business Permit to
a person or persons and within ten (10) hours thereafter rents or
sub -rents the same room to another person(s), or sub -rents the
36 126. Q
same room to the prior renter.
H. All persons on the premises of the establishment who are engaged in 'specified
sexual activities' or are exposing'specified anatomical areas' must be located upon
a stage that is at least eighteen inches (18 ") above the immediate floor level and
is at least six feet (6') from the nearest patron.
I. Patrons of establishments are prohibited from directly or indirectly giving or
soliciting tips (money or anything else of value) to performers, owners, employees,
or agents of an establishment, and said performers, owners, employees and agents
are prohibited from directly or indirectly accepting from patrons of an
establishment tips (money or anything else of value). This subsection I. shall not
apply to waiters and waitresses serving food and/or beverage to patrons as long
as such waiters and waitresses are not exposing 'specified anatomical areas.'
20.80.140 SEXUAL ACTIVITIES PROHIBITED.
A. Couch dancing /straddle dancing.
For purposes of this Section, 'couch dancing' or 'straddle dancing' shall be defined
as an activity involving at least two persons where at least one of the persons is
a patron who is sitting or resting on an object or the floor and at least one of the
persons is dancing or moving such that said person's genitals, pubic region,
buttock or female breast, regardless of whether such body area is covered or
uncovered, is intentionally positioned for any period of time within three feet (3')
of, and at a level between, the chin and forehead of, the person(s) who is /are
sitting or resting on an object or the floor. For purposes of this Section, 'employee'
shall include independent contractors of the Adult- Oriented Business
No person shall operate or cause to be operated an Adult- Oriented
Business, regardless of whether or not a permit has been issued under this
Chapter, knowingly, or with reason to know, permitting, suffering, or
allowing any employee:
a. To engage in a couch dance or straddle dance with a patron at the
business;
b. To contract or otherwise agree with a patron to engage in a couch
dance or straddle dance with a person at the business;
C. To intentionally touch any patron at an Adult- Oriented Business
while engaged in the display or exposure of an 'specified anatomical
area' or engaged in or simulating a 'specified sexual activity'; or,
d. To voluntarily be within six (6) feet of any patron while engaged in
the display or exposure of any 'specified anatomical area' or
engaged in or simulating a 'specified sexual activity.'
37 1260
2. No employee of an Adult- Oriented Business shall:
a. Engage in a couch dance or straddle dance with a patron at the
business;
b. Contract or otherwise agree to engage in a couch dance or straddle
dance with a patron at the business;
C. Engage in the display or exposure of any'specified anatomical area'
or engage in or simulate a 'specified sexual activity' while
intentionally touching a patron at the Adult- Oriented Business; or,
d. Engage in the display or exposure of any'specified anatomical area'
or engage in or simulate a 'specified sexual activity' closer than six
(6) feet from any patron.
3. No person at any Adult- Oriented Business, regardless of whether or not
said business is permitted under this Chapter, shall intentionally touch an
employee who is displaying or exposing any'specified anatomical area' or
engaging in or simulating a'specified sexual activity' at the Adult- Oriented
Business.
4. No person at any Adult- Oriented Business, regardless of whether or not
said business is permitted under this Chapter, shall engage in a couch
dance or straddle dance with an employee at the business who is
displaying or exposing any 'specified anatomical area' or engaging in or
simulating a 'specified sexual activity.'
5. No employee of an Adult- Oriented Business, regardless of whether or not
a permit has been issued for said business under this Chapter, shall
engage in a performance, solicit a performance, make a sale, solicit a sale,
provide a service, or solicit a service involving 'specified sexual activity' or
the exposure of'specified anatomical areas' between the hours of 2:00 a.m.
and 9:00 a.m. of any particular day.
20.80.150 ESTABLISHMENT OF AN ADULT- ORIENTED BUSINESS.
The establishment of an Adult- Oriented Business shall include any of the following.
A. The opening or commencement of operation of any such business as a new
business;
B. The conversion of any existing business, (whether or not an Adult- Oriented
Business), to any Adult- Oriented Business;
38 1260
C. The addition of any Adult- Oriented Business to any existing Adult- Oriented
Businesses if the addition results in enlargement of the place of business. For the
purposes of this paragraph, enlargement shall mean an increase in the size of the
building within which the business is conducted by either construction or use of
an adjacent building or any portion thereof, whether located on the same or an
adjacent lot or parcel of land;
D. The relocation of any Adult- Oriented Business; or,
E. The expansion or enlargement of the premises by ten percent (10%) or more of the
existing floor area.
20.80.160 PARTIAL INVALIDITY.
If a court of laws determines that any portion of this Chapter is unlawful and
unenforceable, such shall not invalidate or otherwise effect the enforceability of any other
portion of this Chapter.
SECTION 37. Mayor Sandra Jacobs did abstain from and did not participate in the deliberations
and decision on the following portions of the Zoning Code:
1) Section 20.31.040 - C -RS Zone (Uses Subject to a Conditional Use Permit)
2) Section 20.42.040 - SB Zone (Uses Subject to a Conditional Use Permit)
3) Section 20.54.030B - Off - Street Parking and Loading (Parking Spaces Required)
SECTION 38. Ordinance No. 1254, the Interim Zoning Ordinance, is hereby rescinded in its
entirety.
SECTION 39. This ordinance shall become effective at midnight on the thirtieth (30) day from
and after the final passage and adoption hereof.
SECTION 40. The City Clerk shall certify to the passage and adoption of this ordinance; shall
cause the same to be entered in the book of original ordinances of said City; shall make a note of the
passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and
shall within 15 days after the passage or adoption thereof cause the same to be published or posted in
accordance with the law.
39 1260
PASSED, APPROVED AND ADOPTED this 17th day ofSept. ,1996.
ATTESTED:
C' dy Mortesen
9City Clerk (SEAL)
APPROVED AS TO FORM:
.,'�- 4�7>
Mark Hensley
City Attorney
7
CGC.s �
' Sandra Jacob , ayor
of the City of Segundo,
California
p \zoning \ea376a \ea376a ord
40
1260
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Lora Freeman, Deputy City Clerk of the City of El Segundo, California, DO
HEREBY CERTIFY that the whole number of members of the City Council of the said
City is five; that the foregoing ordinance, being ORDINANCE NO. 1260 is a full, true
correct original of ORDINANCE NO. 1260 of the said City of El Segundo, California,
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, APPROVING
ENVIRONMENTAL ASSESSMENT NO. EA-376A AND ZONE
TEXT AMENDMENT 96 -1A AMENDING THE EL SEGUNDO
MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS
OF TITLE 20 (THE ZONING CODE), AND THE SMOKY
HOLLOW SPECIFIC PLAN, ALL OF WHICH ARE COVERED
BYA PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT
REPORT. PETITIONED BY THE CITY OF EL SEGUNDO.
which was duly passed and adopted by the said City Council, approved and signed by
the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting
of the said Council held on the 17TH DAY OF SEPTEMBER. 1996 and the same was
so passed and adopted by the following vote:
AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman
Friedkin, Councilman Weston, and Councilman Gordon
NOES: None
ABSENT: None
ABSTAINED: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing ORDINANCE NO. 1260
was posted and /or published in the manner prescribed by law.
� f "�
ORAFREEMAN
Deputy City Clerk of the
City of El Segundo, California
(SEAL)
1260
