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					City of Whittier

                                             STAFF REPORT

                        AMENDMENT T0 ZONING REGULATIONS

ADULT BUSINESSES IN C-2 ZONE WITH CONDITIONAL USE PERMIT



                                            FILE NO. 353-015



This document is a reproduction of the original, scanned by optical character recognition software and reformatted and
edited for spelling and punctuation. The original was prepared for hearings of the Planning Commission and City Council
of the City of Whittier, held in 1977 and 1978




Since 1969, beginning on Whittier Boulevard, easterly of the 605 Freeway, the
community has experienced a rapid growth of adult businesses. Beginning in the
unincorporated County area with an adult bookstore, the uses have expanded to
include a theater, massage parlors, and model studios, and now stretch to the
central business district of Whittier. Fifteen adult businesses now exist, thirteen
of which are located in the City of Whittier.



On June 21, 1977, the City Council adopted Ordinance 2116, as an urgency
measure, defining and regulating certain adult businesses through the conditional
use permit process. The Council in the adoption of said ordinance declared that
such uses have operational characteristics which may have a deleterious effect
on immediately adjacent residential and commercial areas. The purpose of the
urgency measure was to attempt to keep the situation status quo so that the
issue could be studied and appropriate regulations, if necessary, he adopted in
order to protect such commercial and residential areas within the City from the
possible blighting or downgrading effect of adult business. Ordinance 2116 was
amended on December 7, 1977, by ordinance. 2128, which added two uses to
those regulated.



The urgency ordinance was modeled after an ordinance of Detroit, Michigan,
which was upheld by the U. S. Supreme Court in June of 1976. Said ordinance
dispersed such uses by use of separation distances from one another and from
residential districts. Extensive discussion of the Detroit ordinance and others
appears in the American Society of Planning Officials Report No. 327,
"Regulating Sex Businesses," a copy of which is enclosed. (Copies furnished
only to the City Council, Planning Commission, and the file. The file copy may be
reviewed in the office of the Planning Department.)



EXISTING USES



Currently, there are adult businesses at the following locations:



              Address               Type of Business



     10529 Whittier Blvd.           model studio

     10555 Whittier Blvd.           model studio

     10619 Whittier Blvd.           model studio

     10703 Whittier Blvd.           model studio

     10705 Whittier Blvd.           book store

     10711 Whittier Blvd.           model studio

     10713 Whittier Blvd.           massage parlor

     10824 Whittier Blvd.           massage parlor

     11205 Whittier Blvd.           massage parlor

     11527 & 29 Whittier Blvd.      model studio

     11531 Whittier Blvd.           book store

     11729 Hadley Street            massage parlor

     7038 Greenleaf Avenue          theater
The first of these, at 11729 Hadley Street, took out permits for partitions in
January of 1969. The use of the building was stated as “physio-massage."
Another massage parlor opened in 1976, at 11625 Hadley, but closed shortly
thereafter. Several of the businesses have in these few years, changed hands
and locations. At 10510 Dorland Street, in the C-2 zone, a permit has been
requested to convert an existing residence to a model studio, and is currently
awaiting dedication of street right-of-way for issuance of permit.



STAFF STUDY



Since June 21, 1977, staff has been collecting and analyzing data and reviewing
testimonies and contacting other agencies in efforts to determine what effect
adult businesses have on adjacent properties. The one major factor to keep in
mind in reviewing the data, however, is that not all of it can be isolated as being
directly related only to the presence of adult businesses because of the variety of
the factors influencing the study areas over the last ten years.



The study compared two areas on Whittier Boulevard over a ten-year period.
Said areas are shown on the attached map. Area One, between Redman
Avenue and Norwalk Boulevard, contains the largest concentration of adult
businesses, the other, Area Four, easterly of Painter Avenue, between Jacmar
and Watson Avenues, had no commercial frontage on Whittier Boulevard, and
was used as a control. Area Four was selected because of its similar street
patterns, lot sizes, and number of homes, to those of the first, where the adult
businesses were concentrated.



The ten years compared were 1968 through 1977 (including some 1967 data
where 1968 was not available). The first adult business on Whittier Boulevard
was licensed on November 29, 1971, but the first in the study area appeared in
1973, and by late 1974, more than half of the current businesses were in
operation. Therefore, the end of 1973 was selected as the date to be used to
compare before and after affects.
The following is a summary of the results of the study, and indicates the factors
considered:



                                Study Area One        Study Area Four

                             Number      Percent     Number Percent



1.   Number of homes           160                     175



2.   Number of businesses

     196717

     197619                                 0



3.   a.   Number of changes of occupant

          Homes                154          96         170        97

          Business              37         205          0

     b.   Changes since 1973

          Homes                 88          57          32        19

          Business               7          46          0

          Adult businesses      (7)        (19)



4.   Number not changed

     Homes                      67          41          79        45

     Businesses--                5          28          0
5.   Number of homes sold

     a.     At least once          46        28        79      45

     b.     Since 1973             26        57        58

     c.     Average sale price



     1968$19,100                   7       $18,750     5

     196917,000                    2       19,000      6

     197021,000                    2       20,500      3

     197125,400                    5       20,000      3

     197220,500                    4       20,650      7

     197321,500                    2       20,500      9

     197428,300                    4       22,125      7

     197526,100                    7       26,000      9

     197631,100                    9       30,800      14

     1977*                       36,500      8       37,227

*projected from 6 month data



6.   Median Home Value

     (1970)                      $18,214             $18,280



7.   Per cent owner occupied



     1970                          64                  82
     1977                       84                       8



8.   Age of housing          39 years                27 years



A further breakdown of study area one, into the first and second blocks northerly
of Whittier Boulevard reveals that the percentages in items 3 and 5 above, are
slightly higher in the first blocks than in the second blocks by 5 to 15 per cent.



Item 3 (b), above, shows a major difference between study areas one and four of
36% (57-19) in number of changes in occupancy. Item 5 shows that the rate of
sales of housing is about the same (57% - 61%), but, item 7 shows that the
owner occupancy rate has increased from 64% to 84% in study area one. This
trend is supported by testimony at a recent public meeting, soliciting such
information.



For business properties, the picture is more conclusive than for residential.
Expanding items 3 and 4, above, in the business category, we find the following:



     Number of changes in occupancy       since 1967         37

                                          since 1973         17



     Number changing more than once       since 1967         12

                                          since 1973         4



     Number not changing                  since 1967         5

                                          since 1973         10
     Number of changes to adult businesses                     7



In addition to the above data, the annual vacancy rate dropped in 1976 to the
level in 1966, having increased, to a peak of three and one-half times that level in
1972. It must be noted, however, that this apparent stability is due to the fact
that adult businesses now occupy previously vacant buildings.



The Whittier Police Department has, during the last few years, been collecting
evidence in efforts to eliminate alleged illegal activities from the adult businesses.
As a result of these efforts, seven of the existing businesses are presently the
subject of "red light abatement” action. The initial investigation and evidence
gathering documented that all of the nude model studios and three of the
massage parlors were actively involved in prostitution. Other problems created
by the presence of these businesses are in the form of assault and battery and
aggravated assault incidents. There have also been several thefts reported by
the customers (johns) who are victimized by the employees. These individuals
usually do not file complaints on the incidents, however, fearing that their
spouses will become aware of their activities. Therefore, these incidents do not
always appear on the police logs.



For several years, the Police Department has received complaints of excessive
noise, pornographic material left laying about and, in some instances, sexual
offenders, such as exhibitionists, venting their sexual frustrations in the adjoining
neighborhood. Another problem posed by the patrons of these adult businesses
is the influx of drunk drivers and intoxicated persons. The majority of customers
frequenting the businesses after 4:00 P.M., and until the early morning hours, are
males who have been drinking and are seeking sexual release. The Police
Department has compiled from the daily logs for the 2 four-year periods, 1970-
1973 and 1974-1977, the number of incidents of 38 types of criminal activity and
the data compared with the City as a whole.



This comparison revealed the following numbers of incidents in the given years:



     1970     23            1974       57

     1971     29            1975       73
    1972     52              1976        90

    1973     29              1977        49

1970-73      133         1974-77         269



The comparison of the totals of each four-year time period shows an increase of
102% in incidents of crime in the period 1974-77 over the period 1970-73,
whereas, the City as a whole for the same period, experienced only an 8.3%
increase in incidents of crime.



Some specific crimes increased in greater proportions as indicated in the
following figures for selected crimes:



    CRIME                     1970-1973        1974-1977   % increase



    All Assaults                    10            39          387

    Theft (Petty)                   13            29          123

    Robbery                         8             13          63

    Burglary (Residential)          15            23          53

    Malicious Mischief              3             24          700

    Prostitution                    3             12          300

    Grand Theft Auto                5             14          180

    Theft (Grand)                   4             9           125

    Arson                           0             5

    Displaying a Weapon             0             5

    Prowling                        0             5
Some crimes, on the other hand, decreased in frequency, such as felony
narcotics, which decreased from 16 to 9, but due primarily to changes in
narcotics laws. Eight other crimes decreased from one or two incidents in four
years to zero to one incident in four years. Nineteen of the remaining types of
crimes increased, while ten types were reported for the first time during the time
period of 1974-1977



At various public meetings over the last several years, citizens have testified of
being afraid to walk the streets, that some businesses have left the area or have
modified their hours of operation, and that they are fearful of children being
confronted by individuals of offensive character or of being expo, sed to sexually
explicit material.



At a recent meeting, several of those who spoke, but lived some distance from
the adult businesses, spoke on behalf of those who lived closer but feared
reprisals if they testified.



At one time, there was a general complaint from parents in the neighborhood that
their Minor children had been in possession of the negative portion of Polaroid
film packs and although this image was not as clear as the positive portion, it
clearly showed the lewd poses of the models working in the studios. Young
males would rummage through the trash receptacles of the various businesses
and pick up these items. It was noted during Police Department investigation of
the alleged prostitution activities at these nude model studios, that they had
become aware of the complaints and refused to allow Polaroid cameras in the
businesses. This did not, however, stop the problem of adult newspapers
obtained at the bookstore, being left strewn in the parking areas and alleys
adjacent to the businesses.



Rates and numbers of changes of occupancy of residences and increases in
complaints to the Police Department are the only measurable indicators of the
moral and emotional impact of adult businesses on the surrounding
neighborhood. This impact is, however, the most difficult to assess and is
probably the most significant as it relates to the mental and physical well being of
the neighborhood and the City as a whole.
The health, welfare, and general prosperity of the community are some of those
things which facts and figures cannot adequately describe, but the protection and
furtherance of which is part of the stated purpose for the development of land use
regulations.



An indication of the intensity of the moral and emotional impact is the unity of the
residents and their willingness, through organizations, such as Citizens for
Decency Through Law, to work for improvement of their neighborhood. This
organization has been successful in soliciting support of other organizations to
help in said efforts.



Aesthetics are a matter of personal preference, but plays an important role in
effecting peoples' attitudes. Regulations, such as the sign ordinance, may not
control content or colors of buildings or signs. Typically, the adult businesses are
painted in garish, high contrast colors, utilizing flashing or moving lights to attract
attention to the businesses. This technique is not, however, unique to such
businesses, but is quite common in marginal, strip commercial areas. It is noted
that one other major strip commercial use, fast food restaurants, are beginning to
change their images from the bright roofs, big signs and giant logos, to the softer,
more contemporary, brick, wood, and tile, finding that their success does not
depend entirely on their visibility. They have found that those who wish to avail
themselves of the services offered will seek them out. The same philosophy
could also be applied to adult businesses, allowing them to blend into other
commercial neighborhoods.



DISPERSION OR CONCENTRATION



Two basic types of ordinances have been enacted by cities across the United
States, dispersing or concentrating. In contrast to the Detroit ordinance, Boston
created an "adult entertainment" district, concentrating adult businesses into
what became known as the "combat zone." The purpose was to concentrate
adult businesses into a single small area to prevent them from spreading into
other areas of the city.
The Boston experience failed, however, because, according to Boston police and
redevelopment spokesmen, "they (the property owners) killed the goose that laid
the golden egg" by not policing themselves.



In Detroit, as in Boston, the problem was primarily in large downtown commercial
districts and "skid rows." In these areas, adult entertainment businesses mingled
with pawnshops, cheap hotels, bars, strip joints, etc., as well as the "non-porno"
businesses. Property owners, attracted by the high rents, willingly paid by the
adult businesses, eventually forced many legitimate businesses to close, move,
or go broke by increasing rents.



In the Hollywood area, as reported in several articles appearing in the Los
Angeles Times, owners have stated that they don't particularly care for the type
of business, but like the rent that will be paid by these businesses. This could be
a major factor in low rent commercial areas. In the Hollywood area, the influx of
adult businesses appears to have been followed by a higher vacancy rate. In
West Whittier, however, the commercial area between Redman Avenue and
Norwalk Boulevard, suffered from a higher vacancy rate before the
commencement of adult businesses than after, but largely because adult
businesses occupy those buildings which were most frequently found vacant. It
could be expected that an owner of a vacant building would accept the high
offers for rent with a good chance that the building would stay rented.



For the purpose of determining impact of concentration of adult businesses, four
areas were compared, using Polk directories from 1967 to 1977 (1966 through
1976 information), to determine the rate of change of occupancy in adjacent
residential neighborhoods before and after the introduction of adult businesses.
Three of the surveyed areas contained adult businesses, the fourth, the control
area used for the entire study, included no commercial. Area one has six adult
businesses, area two has one, and area three has three. The map at the end of
this report shows the areas studied. The results are as follows:



                  Changes Per Year           Changes Per Year

                    Before A.B.’s                After A.B.’s
     Area 1               9.4                         22      (1974+)

     Area 2               0.1                         0.1     (1972+)

     Area 3               5.3                         11      (1974+)

     Area 4 (Control)     20                          11      (1974+)



Area 1, with a concentration of adult businesses by 1974, experienced a 134%
increase in annual turnover rate, Area 2 experienced no measurable change,
Area 3, with three businesses at one location, experienced a 107% increase.
The control area, with no commercial and no adult businesses, experienced a
45% decrease in turnover rate for similar periods.



If dispersion is determined to be the most effective type of control (short of
prohibition) to impose on such uses to protect adjacent properties, the question
then becomes how much dispersion how much separation between related uses
and from adjacent residential uses.



The Supreme Court in the Detroit case found no objection to the 1,000-foot
separation of "regulated businesses" and 500 feet from residential districts. As
mentioned earlier, Detroit's ordinance was developed for a large downtown, with
a skid row area. With the exception of Whittwood Mall, the Quad, Uptown
Whittier, and the industrial area, Whittier's commercial areas are strips of shallow
commercial lots along Whittier Boulevard and intersections of major streets.
Almost any separation between residential districts and adult businesses
eliminate these businesses from the strip commercial areas, forcing them into
Uptown or the shopping centers.



The issue of separation of adult businesses from schools, churches, parks, and
similar public assembly areas, has also been raised and dealt with in ordinances
of other municipalities. Currently, the closest adult business to any of these
public uses, is 470 ft. from a church, 300 ft. from a park, and 1,100 ft. from a
school.
Any distance requirement must, however, be based on the relationship between
distance and degree of impact. Brief discussion with the principal of Franklin
School and a representative of Whittier Presbyterian Church, revealed that
neither had seen any evidence of direct impacts on their institution by the adult
businesses. Both were very much aware of their presence, however, and the
principal at Franklin School stated that several families who have moved from the
area cited the presence of these businesses. One businessman who relocated
to another area in the City, stated that the businesses were not a factor but that
his clients now comment on the improvement.



The park referred to is McNees Park, at Whittier and Hadley, in the
unincorporated County area. Whittier Police Department indicates that while the
park is the scene of many arrests and source of many problems, no definite
correlation can be made between the problems and its proximity to adult
businesses.



Only one church is within the areas where the current urgency ordinance would
allow adult businesses. Other churches are within 250 feet of the area in Uptown
Whittier where such businesses could be located. Whittier High School is also
within 250 ft. of allowable locations in the M-zoned area and St. Mary's parochial
school is within 500 feet. Central Park (Bailey Street and Washington Avenue) is
also within 250 feet of property eligible for the location of adult businesses.



Police records show that complaints of public drunkenness are more frequent in
the areas around adult businesses where they are also in close proximity to bars
and taverns which are not "bonafide eating places." There may, therefore, be
reason to separate adult businesses from businesses with certain types of on-
sale alcoholic beverage permits issued by the Alcoholic Beverage Control Board.



Churches, schools, and other public facilities are closed much of the time and do
not present the opportunities the parks do. The peak use hours of adult
businesses are evenings, when churches and most public facilities are closed.
Therefore, the effect on these uses would naturally be less than on uses which
were all-day uses, such as parks, or which, like residences, have evening and
weekend "peak use" or enjoyment times. For these reasons, it may be in the
community interest to require separation between adult businesses and parks.
Five hundred feet should be considered a minimum separation, as this distance
can be easily walked in less than five minutes. A thousand feet would require an
individual to purposely set out to walk whereas 500 feet or under can be
“wandered into."



Based solely on the study of one adult business located almost in the midst of a
residential neighborhood (area 2), and its effect on that neighborhood, it would
appear that a 500 ft. separation from residential areas is adequate, so long as
the adult businesses are separated from one another to avoid concentration.



Adequate separation between adult businesses would also lessen the visual or
aesthetic impact of concentrations such as businesses caused by their usual
garish colors and flashing signs.



In addition to adult businesses, the Detroit ordinance included, when originally
adopted as a skid row ordinance in 1962, as "regulated uses" - Group "D"
cabaret establishments for the sale of beer or intoxicating liquor for consumption
on the premises, hotels or motels, pawnshops, pool or billiard halls, public
lodging houses, secondhand stores, shoeshine parlors, and taxi-dance halls.
Adult bookstores and adult theaters were added to this ordinance in 1972.



The Group "D" cabaret mentioned above is a topless or nude cabaret. Cabarets
in the City of Whittier are currently regulated through a permit processed through
the City Council. Other establishments for on-premise consumption of alcoholic
beverages are currently regulated through the conditional use permit process.
Pool or billiard halls, secondhand stores, and pawn shops, are permitted uses in
the C-2 zones and by themselves present no evidence of any deleterious effect
on adjacent properties. Shoeshine parlors and taxi-dance halls are more or less
unique to the skid row areas of the large cities and do not exist in Whittier nor are
they expected to.



None of these uses are inherently attracted to one another, but all seem to be
common to skid row areas. The skid row aspect of the Detroit ordinance has no
bearing on Whittier's situation and staff cannot substantiate the need for any
further regulation of those uses not classified as adult businesses.
In some areas, adult-only motels and hotels have been established featuring
closed circuit TV showing pornographic movies as well as providing other
"services," similar to the adult businesses discussed above. Staff feels that the
Iikelihood of this type of business occurring in Whittier is not too great as these
are more prevalent in areas of high transient traffic. Rather than attempt to
define such a use in anticipation of its occurring, the proposed definition of adult
businesses should provide adequate control over such a use.



DEFINITIONS



Defining an "adult business" is difficult, particularly when trying to separate them
from other uses with similar names. The current urgency ordinance uses as its
base, the definitions appearing in the Detroit ordinance with minor modifications-



The key to the Detroit definitions is the “specified anatomical areas” and "sexual
activities." However, such terminology is not immediately applicable to such
uses as modeling studios, massage parlors, body painting studios, escort
service, rap centers, and similar uses which utilize live humans for providing
services. These uses differ from theaters and bookstores in that the latter uses
reproductions of humans and the “specified anatomical areas" can be easily
applied.



In defining individual adult businesses, the following have been used:



"Adult Book Store" shall mean an establishment having as a substantial or
significant portion of its stock in trade, material which is distinguished or
characterized by its emphasis on matter depicting, describing, or relating to
specified sexual activity or specified anatomical areas, or an establishment with a
segment or section thereof devoted to the sale or display of such material.



"Adult Business" -shall mean and include an adult book store, adult theater,
massage parlor, or modeling studio.
"Adult Theater" shall mean a theater which presents live entertainment or motion
pictures or slide photographs, which are distinguished or characterized by their
emphasis on matter depicting, describing, or relating to specified sexual activity,
or specified anatomical areas.



"Massage Parlor" shall mean an establishment or business which is required to
be licensed pursuant to Section 6280 et. seq. of the Whittier Municipal Code.



"Material" shall mean, and include, but not be limited to, books, magazines,
photographs, prints, drawings, or paintings, motion pictures, and pamphlets, or
any combination thereof.



"Adult Modeling Studio" shall mean an establishment or business which provides
the services of modeling for the purpose of reproducing the human body wholly
or partially in the nude by means of photography, painting, sketching, drawing, or
otherwise.



"Specified Anatomical Areas" shall mean:



(a)   less than completely and opaquely covered;

      (i)    human genitals, pubic region;

      (ii)   buttock, and

       (iii) female breast below a point immediately above the top of the
areola; and

(b)   human male genitals in a discernibly turgid state, even if completely and
      opaquely covered.



"Specified sexual Activities" shall mean
(a)   human genitals in a state of sexual stimulation or arousal; and/or

(b)   acts of human masturbation, sexual stimulation or arousal; and/or

(c)   fondling or other erotic touching of human genitals, pubic region, buttock,
      or female breast.



In the Detroit case, the phrase "distinguished or characterized by an emphasis on
matter depicting..." was attacked as vague. But, since there was no question in
the Detroit case as to whether the material was "distinguished or characterized
by an emphasis on matter depicting…", the court did not rule on the vagueness
of such a definition. A similar vagueness is found in the definition of adult
bookstore where the phrase reads, "an establishment with a segment or section
devoted to the sale or display of such material." The City's urgency ordinance
narrows the vagueness some by using the phrase, "substantial or significant
portion of its stock in trade ... depicting...." Such words as substantial,
significant, distinguished by, segment and section usually require the courts to
provide the narrowing.



A number of cities define adult businesses as:



      "…any business which is conducted exclusively for the patronage of
      adults, from the premises of which minors are specifically excluded, either
      by law or by the operation of such business."



Such a definition will generally encompass any use which the City is attempting
to regulate and gets around the touchy question of content of material, relying on
existing state and local regulations. These regulations are briefly discussed
below.



The Whittier Municipal Code, Section 6288, prohibits giving a massage to or
admitting any person under 18 years of age into a massage parlor unless parent
or guardian has consented thereto, in writing.
Minors are currently excluded specifically from adult bookstores and adult
theaters by Section 313.1 of the Penal Code of the State of California because of
the "harmful" content of the material available.



Section 309 of the Penal Code prohibits admitting minors into places of
prostitution, but the law does not prohibit admitting a minor to view the physical
body and photograph it for his own use. In this case, the exclusion is imposed by
the management of the business who is not required by law to do so but does so
out of fear of the possibility of being found guilty of contributing to the
delinquency of a minor pursuant to Section 272 of the Penal Code.



The difficulty at this point in time with a general definition is that litigation is still
pending on one such ordinance whereas the court has sanctioned, though on a 5
to 4 vote, the definitions contained in the Detroit ordinance.



The two types of definitions can, however, be used together. The severability
clause (Section 9105) of the zoning regulations would protect one definition if the
other was ruled against by the court.



If the courts should rule in favor of the general definition, then the ordinance is
that much stronger and accomplishes the overall goal of regulating existing and
future adult business uses and eliminates the need for defining every possible
business which might be conjured up.



CONTROL



Assuming the dispersion approach is the most acceptable, two methods are
available as alternatives to determining where adult businesses can be located.
The first is to permit them by right in given zones, with the locational criteria. The
second is to require approval through a permit process of some kind. The
conditional use permit is the only tool available to the City for this type of control.
By allowing the use to be established by right, the City relinquishes control over
the use other than through enforcement of criteria which might be established.
Such regulation fails to take into account special circumstances relative to a
specific location, on which adult businesses might have impact. The conditional
use permit process allows staff and Planning Commission to review each request
and requires the applicant to show that the use will not have an adverse impact
on the area and that there is a demonstrated need for the use at that location.
(Demonstrated need was later removed from required findings.)



The question remaining then is - which zone is appropriate. Being a commercial
use, an adult business would be limited to one of the C zones or the M zone.
The C-0 zone is intended for offices and uses which service offices or employees
of office-type uses, such as beauty and barbershops. The C-0 zone, as well as
the C-1 zone, act somewhat as transitional or buffer zones, often separating
heavier C-2 zones from residential zones and allowing residential uses as well.
Adult businesses in the C-0 and C-1 zones would not be able to meet any
reasonable separation criteria. The C-2 zones, though often separated from
residential districts by C-0 and C-1 zones are not ideal either because of their
proximity to residential uses and the shallow depths of most C-2 zoning which
makes meeting separation criteria difficult.



The courts have said that restrictions on a legal business cannot be such that the
effect is elimination or prohibition of such uses. First permitting adult businesses
in the C-2 zone would provide reasonable flexibility through the conditional use
permit process for the approval of a limited number of adult businesses in several
areas of the City.



ABATEMENT OF NONCONFORMING USES



It is quite obvious that any requirement for separation from residential areas and
between businesses will have the effect of making all of existing adult
businesses, with the exception of the theater Uptown, nonconforming uses and
subject to abatement.
The courts have held that reasonable time must be given in the amortization of
nonconforming uses. Such time limits must commensurate with investment
involved and based on the nature of the use.



The improvement made to structures in which existing adult businesses are
located were basically partitioning and signs. The. valuation listed on the
permits ranged from (total of all permits on property) $1,000 to $12,450,
averaging $3,185 per adult business. Three locations apparently had no
modifications which required building permits. The permit fees amounted to a
total of $572.95, averaging $47.75 per business. One case of high valuation and
permits resulted from the repair to a structure after extensive fire damage. these
amounts are not, in staff's opinion, significant investments for the use, and,
based on the high rate of return on adult business investments any costs should
have been amortized several times .



The courts in 1974 upheld an 18-month amortization of a use declared a public
nuisance, where users had no investment in any permanent improvements on
the property and where users had adequate time to make plans to move and
where there was substantial evidence that there were adequate properties
favorably zoned in the county which could be used to locate the business.



A reasonable amortization should not be less than 18 months nor need be longer
than two or three years. Where the conformity only requires a change in the
stock in trade, such as books or a change in the material presented as in a
theater, the amortization period can he shorter. The proposed ordinance would
provide 90 days in this case.



CONCLUSION



The information obtained and reviewed during the conduct of this study his
definitely shown that concentration of adult businesses in the City of Whittier
have had an adverse impact on the adjacent neighborhoods. The increases in
crime and residential occupancy turnover are two of the key indications of
neighborhoods beginning to decline and deteriorate. The City's intent in
regulating such businesses is to prevent them from causing deterioration in
adjacent neighborhoods. Assuming that such regulation, now pending, is timely,
that is, not too late - some of the more physical evidences of deterioration are not
blatantly evident. However, experiences of other municipalities and of individuals
support the adverse impact of prolonged concentration of such businesses.



Inasmuch as the courts have prevented the outright prohibition of adult
businesses, regulation is the only control left to the cities. It is evident from the
study that individual, isolated businesses do not have nearly as great an impact
as concentrations.



Therefore, the dispersion of adult businesses, in certain areas of the City is the
most appropriate form of regulation, using the conditional use permit process to
review each application.



The Supreme Court has upheld 1,000 foot and 500 foot separations in the Detroit
case. These separations are adequate for Whittier's situation. In certain
circumstances, lesser separation would accomplish the same end, but structuring
an ordinance with specific areas complicates its enforcement.



The effect of such separation would make portions of the industrial areas and
shopping centers eligible locations for adult businesses, subject to conditional
use permit approval.



All of the existing locations of adult businesses would become nonconforming
under the provisions of the proposed ordinance and required to conform within
the prescribed abatement periods.



RECOMMENDATION



Staff recommends that the Planning Commission recommend that the City
Council find that the regulation of adult businesses is required for the
preservation of the integrity of existing commercial areas and residential areas in
close proximity thereto and is in the public interest and would promote the
general welfare of the community and that the attached draft ordinance
regulating such businesses be adopted.
                                   ORDINANCE NO. 2748



                AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
                OF WHITTIER AMENDING CHAPTER 18.44 OF TITLE
                18 (ZONING) OF THE WHITTIER MUNICIPAL CODE TO
                ADD AND REVISE OPERATIONAL REQUIREMENTS,
                TO     ADD       AND      REVISE    PROCEDURAL
                REQUIREMENTS, TO ADD AND REVISE LOCATIONAL
                REQUIREMENTS AND TO ADD AND REVISE
                PENALTY PROVISIONS, AND AMENDING CHAPTER
                18.48 OF TITLE 18 (ZONING) OF THE WHITTIER
                MUNICIPAL CODE TO ADD AND AMEND OFF-STREET
                PARKING     SCHEDULE       PROVISIONS.    (CITY
                INITIATIVE; FILE NO. 353.131)



         WHEREAS, adult entertainment prohibitions in residential areas and other
restrictions on the conducting of adult entertainment have previously been established by the
city in the adoption of Chapter 18.44 and determined necessary for the protection of the
welfare of the people, as a result of the potential negative secondary effects of adult
businesses, including the following: crime, especially in the form of illegal drugs and
prostitution; the deterioration of the city's retail trade; blight in neighborhoods and the
reduction of property values; the disintegration of the quality of the city's neighborhoods and
the city's commercial districts; risk to the city's quality of life; the increased threat of the
spread of sexually transmitted diseases; and potential interference with the peace, welfare and
privacy of persons who patronize adult businesses. The City Council reaffirms these
findings; and



        WHEREAS, the City Council, in adopting this ordinance, takes legislative notice of
the existence and content of the detailed studies prepared by other jurisdictions regarding the
negative social and economic secondary effects on persons and properties surrounding
established adult use facilities, including the following: study of Garden Grove, California
(1991); study of Tucson, Arizona (1990); study of Seattle, Washington (1989); study of
Austin, Texas (1986); study of Oklahoma City, Oklahoma (1986); study of Indianapolis,
Indiana (1984); study of Houston, Texas (1983); study of Beaumont, Texas (1982); study of
Minneapolis, Minnesota (1980); study of Phoenix, Arizona (1979); study of Amarillo, Texas
(1977); study of Cleveland, Ohio (1977); study of Los Angeles, California (1977); a study by
the City of Whittier for hearings of the Planning Commission and City Council of the City of
Whittier in 1977 and 1978, entitled Staff Report for Amendment to Zoning Regulations for
Adult Businesses in C-2 Zone with Conditional Use Permit, File No. 353-015; the recitals of
Ordinance Number 96-5 of the City of Newport Beach, finding that crime rates are higher in
areas surrounding adult-oriented businesses than in other areas, that the existence of adult-
oriented businesses which permit public nudity has been shown in some cities to reduce the
property values in those areas surrounding the adult-oriented businesses; the law enforcement
experience of the City of La Habra and the City of Anaheim with the negative secondary
effects of sexually-oriented businesses that both do and do not serve alcohol; and



        WHEREAS, the City Council finds that locational criteria alone do not adequately
protect the health, safety, and general welfare of the citizens of the City of Whittier, and thus
certain requirements with respect to the ownership and operation of adult businesses are in
the public interest. The City Council takes legislative notice of the findings and studies
conducted in this and other cities regarding increases in crime rates, decreases in property
values and the blight of areas in which adult entertainment businesses are located including
the following: the County of Los Angeles (as discussed in T.M. Smith v. County of Los
Angeles, 211 Cal. App.3d 188, 259 Cal. Rptr. 2d 231 (1989); City of Renton, Washington (as
discussed in City of Renton v. Playtime Theatres, Inc., 475 U.S. 946 (1979); and the County
of Palm Beach, Florida (as discussed in Movie & Video World v. Board of County
Commissioners, 723 F. Supp. 695 (S.D. Fla. 1989)). The City Council also takes legislative
notice of the facts recited in the cases of Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir.
1986) and Colacurcio v. Kent, -- F.3d --, 1998 WL 848036, 98 Cal. Daily Op. Serv. 8965, 98
Daily Journal D.A.R. 12,449 (9th Cir. December 8, 1998), regarding how live adult
entertainment results in secondary effects such as prostitution, the sale and use of drugs, and
other law enforcement problems, as well as the experience of other cities and counties in
adopting adult business regulations; and
        WHEREAS, in Barnes v. Glen Theaters, Inc. (1991) 501 U.S. 560, 111 S. Ct. 2456,
the court found it to be constitutionally permissible to prohibit public nudity, including public
nudity within adult-oriented business establishments, in part to protect societal order and
morality and in part to reduce or eliminate the secondary effects associated with adult-
oriented businesses which permit public nudity which secondary effects include, but are not
limited to, an increase in prostitution, increase in sexual assaults, and the attraction of other
criminal activity; and



        WHEREAS, the California Legislature has determined local public entities may
prohibit the exposure of genitals or buttocks of employees of adult facilities, including
entertainers, consistent with the United States and California Constitutions and, whereas, the
California Court of Appeals in Tily B. v City of Newport Beach, 1998 WL 906835, to be
published in 81 Cal. Rptr. 2d 6 (4th Dist. Ct. App., December 30, 1998) determined that
prohibition of public nudity is constitutional and does not suppress expression; and



         WHEREAS, it is not the intent of the City Council in adopting this ordinance to
suppress any activities protected by the First Amendment, but rather to enact a content-
neutral ordinance which addresses the secondary effects that adult businesses may have on
the city. In developing this ordinance, the City Council has been mindful of legal principles
relating to regulation of adult businesses and does not intend to suppress or infringe upon any
expressive activities protected by the First Amendments of the United States and California
Constitutions, but instead desires to enact reasonable time, place, and manner regulations that
address the adverse secondary effects of adult businesses. The City Council has considered
decisions of the United States Supreme Court regarding local regulation of adult businesses,
including but not limited to the following: Young v. American Mini Theaters, Inc., 427 U.S.
50 (1976); City of Renton v. Playtime Theaters, 475 U.S. 41 (1986); FW/PBS, Inc. v. City of
Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, 501 U.S. 560 (1991). The City Council
has also considered United States Ninth Circuit Court of Appeals decisions and decisions in
other jurisdictions, including but not limited to the following: City of National City v.
Wiener 3 Cal. 4th 832, 12 Cal. Rptr. 2d 701, 838 P.2d 223 (1992), cert. denied 510 U.S. 824
(1993); People v. Superior Court (Lucero), 49 Cal. 3d 14, 259 Cal. Rptr. 740, 774 P.2d 769
(1989); City of Vallejo v. Adult Books, 167 Cal. App. 3d 1169, 213 Cal. Rptr. 143 (1985),
cert. denied 475 U.S. 1064 (1986); Lakeland Lounge v. City of Jacksonville, 973 F.2d 1255
(5th Cir. 1992), cert. denied 507 U.S. 1030 (1993); Hang On, Inc. v. Arlington, 65 F.3d 1248
(5th Cir. 1995); Mitchell v. Commission on Adult Entertainment, 10 F.3d 123 (3rd Cir.
1993); International Eateries v. Broward County, 941 F.2d 1157 (11th Cir. 1991), cert.
denied 503 U.S. 920 (1992); Star Satellite v. City of Biloxi, 779 F.2d 1074 (5th Cir. 1986);
Lady J. Lingerie v. City of Jacksonville, 973 F. Supp. 1428 (M.D. Fla. 1997); Movie &
Video World, Inc. v. Palm Beach County, 723 F. Supp. 695 (S.D. Fla. 1989); Colacurcio v.
Kent, -- F.3d --, 1998 WL 848036, 98 Cal. Daily Op. Serv. 8965, 98 Daily Journal D.A.R.
12,449 (9th Cir. December 8, 1998); Tily B. v. City of Newport Beach, 1998 WL 906835, to
be published in 81 Cal. Rptr. 2d 6 (4th Dist. Ct. App., December 30, 1998); and
       WHEREAS, the City Council finds the following:



        1.       Evidence indicates that some dancers, models and other persons who publicly
perform specified sexual activities or publicly display specified anatomical parts in adult
businesses (hereinafter collectively referred to as "performers") have been found to engage in
sexual activities with patrons of adult businesses on the premises of such adult businesses.

       2.      Evidence demonstrates that performers employed by adult businesses have
been found to offer and provide private shows to patrons who, for a price, are permitted to
observe and participate with the performers in live sex shows.

       3.       Evidence indicates that performers at adult businesses have been found to
engage in acts of prostitution with patrons of the establishment.

        4.      Evidence indicates that fully enclosed booths, individual viewing areas, and
other small rooms whose interiors cannot be seen from public areas of the establishment
regularly have been found to be used as a location for engaging in unlawful sexual activity.

        5.      As a result of the above, and the increase in incidents of AIDS and Hepatitis
B and C, all of which are sexually transmitted diseases, the city has a substantial interest in
adopting regulations which will reduce, to the greatest extent possible, the occurrence of
prostitution and casual sex acts at adult businesses.

       6.       Evidence indicates that adult businesses are frequently used for unlawful
sexual activities, including prostitution and sexual liaisons of a casual nature, and for the
exchange and use of illegal drugs.
        WHEREAS, the City Council finds that preventing the direct exchange of money
between performers and patrons will serve to reduce the likelihood of drug and sex
transactions occurring in adult businesses. Requiring separation between entertainers and
patrons also reduces the likelihood that such persons will negotiate narcotics sales and/or
transact sexual favors within the adult business; and



         WHEREAS, the City Council finds that enclosed or concealed booths and dimly-lit
areas within adult businesses greatly increase the potential for misuse of the premises,
including potential harm to patrons and performers and unlawful conduct of a type which
facilitates transmission of disease. Requirements that all indoor areas be open to view by
management at all times, and that adequate lighting be provided are necessary in order to
reduce the opportunity for, and therefore, the incidence of, illegal conduct and harm to
patrons and performers within adult businesses, and to facilitate the inspection of the interior
of the premises by law enforcement personnel; and



        WHEREAS, the City Council finds that a permitting scheme is a legitimate and
reasonable means of accountability to ensure that operators of adult entertainment businesses
comply with reasonable regulations and to ensure that operators do not knowingly allow their
establishments to be used as places of illegal sexual activity or solicitation; and



         WHEREAS, the City Council finds that requiring adult businesses to install and
maintain video surveillance equipment at the business establishment is an appropriate
regulation of such businesses, necessary to further the important governmental interest in
deterring crime at such businesses, including but not limited to possible prostitution,
altercations between patrons, thefts, burglaries, and drug transactions. The City Council
further finds that the video surveillance provisions of Chapter 18.44 are specific as to the
exact type of equipment to be installed, as well as to the manner of installation, such that the
provisions are not vague. In addition, these provisions, regarding the maintenance of the
surveillance systems and the installation of specific equipment, such as monitor size, type of
video recorder, and type of camera, are the minimum necessary to allow police investigation
of crimes committed at adult businesses; and



        WHEREAS, the City Council recognizes that this ordinance is necessary to revise the
permit application process for adult entertainment businesses to bring the city's ordinance
current with existing case law and to further reduce and control the negative secondary
effects of adult entertainment businesses. This is in keeping with evolving case law and is
part of the city’s continuing efforts to balance the First Amendment rights of adult
entertainment business operators and patrons with the city’s substantial governmental interest
in reducing adverse secondary effects. The use of a permit process is essential to eliminate
the adverse secondary effects of adult entertainment businesses by allowing the city to
monitor and regulate the location and concentration of such establishments, and, in fact, is
the least restrictive means for the City of Whittier to do so; and



        WHEREAS, the City Council recognizes that a number of courts of law have upheld
distance limitations between performers and patrons, prohibitions against physical contact
between performers and patrons, and direct payment and receipt of gratuities between
performers and patrons at adult use business establishments that provide live entertainment,
including the following: BSA, Inc. v. King County, 804 F.2d 1104, 1110-11 (9th Cir. 1986);
Kev, Inc. v. Kitsap County, 793 F.2d 1091 (9th Cir. 1986); DLS, Inc. v. City of Chattanooga,
894 F. Supp. 1140 (E.D. Tenn. 1995); Parker v. Whitfield County, 463 S.E.2d 116 (Ga.
1995); and Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1996); Colacurcio v.
Kent, -- F.3d --, 1998 WL 848036, 98 Cal. Daily Op. Serv. 8965, 98 Daily Journal D.A.R.
12,449 (9th Cir. December 8, 1998); Tily B. v. City of Newport Beach, 1998 WL 906835, to
be published in 81 Cal. Rptr. 2d 6 (4th Dist. Ct. App., December 30, 1998); and



        WHEREAS, the City Council believes that prohibiting physical contact between
performers and patrons at an adult use business, requiring separate entrances for performers
from those used for patrons, requiring separate restrooms for opposite sexes, prohibiting
performers from soliciting payment of gratuities from patrons, and prohibiting the direct
payment of gratuities to performers by patrons are a reasonable and effective means of
addressing the legitimate governmental interests of preventing prostitution, the spread of
sexually transmitted diseases, and drug transactions; and




        WHEREAS, on September 10, 1998, the Ninth Circuit issued its opinion in Baby
Tam & Co., Inc. v. City of Las Vegas, 154 F.3d 1097 (1998), holding that adult use business
licensing ordinances are required to provide for prompt hearing and prompt judicial review
for persons whose license or permit applications had been denied; and



         WHEREAS, the City Council finds that the time allowances in this ordinance are the
shortest fixed periods compatible with the balancing between sound planning and land use
and protection of first amendment freedoms. The City Council finds that City staff and
legislative bodies need more time to properly evaluate land use decisions than provided for
herein, but recognize that the state and federal courts of law have mandated a shorter time
frame for making these decisions for businesses which involve any first amendment protected
use. The City Council finds that the time frames established herein are reasonable to
applicants, in that the city is granting or denying a conditional adult use permit within
seventeen days of the filing of a completed application for such permit when development
review is not required, and within thirty-two days of the filing of a completed application
when development review is required. After the filing of an appeal of the Planning
Commission's decision to grant, conditionally grant or deny an application, the City Council
conducts a public hearing on such appeal within an additional fifteen days and renders a
written decision within two days of the conclusion of the appeal hearing. Such time
allowances are required due to the following facts: public hearings are required for land use
decisions, which require ten days' advance notice to the public pursuant to California
Government Code Sections 65091 and 65905; publication of a notice to the public regarding
a hearing can occur no earlier than two days after a request by the city for publication in a
newspaper; and the City of Whittier is a small community with limited staff. Such time
allowances are necessary to protect First Amendment rights, by allowing the public and the
applicant to speak at a public hearing regarding the issuance or denial of an adult conditional
use permit; and



         WHEREAS, the City Council finds that an appellant is afforded judicial review of a
decision relating to an adult conditional use permit pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt, but
that the city can further ensure prompt judicial review by requiring of itself the preparation of
the administrative record within five business days of a request rather than the statutorily-
authorized one hundred ninety days, by requesting expedited hearing, briefing, and the
prompt rendering of a decision by a court of law having competent jurisdiction, and/or by
setting the writ for hearing if the applicant fails to do so; and



        WHEREAS, as provided in the severability clause of this ordinance, the City Council
finds that in the event of invalidation of the permitting requirements in Chapter 18.44, any
adult entertainment business which operates in the city should nonetheless be subject to the
remaining requirements of this Chapter 18.44, including but not limited to the locational and
operational requirements, and the revocation and violation provisions, each of which would
have been adopted independent of the permit issuance provisions; and



        WHEREAS the current and proposed locational and operational provisions of
Chapter 18.44 are necessary in order to protect the public health, safety and welfare by
providing a mechanism to address the adverse secondary effects associated with the
establishment and operation of unregulated or under-regulated adult entertainment businesses
in the event the city’s permit issuance procedures are invalidated by a court of law having
competent jurisdiction; and



        WHEREAS, this ordinance is necessary to the preservation of the public peace,
health and safety, which is justified by the fact that the Ninth Circuit’s recent decision in the
Baby Tam case could detrimentally impact the city’s ability to regulate adult entertainment
businesses, thereby prohibiting the city from furthering its substantial governmental interest
in protecting the public from the pernicious secondary effects the unregulated operation of
adult entertainment businesses has been found to create.



      THE CITY COUNCIL OF THE CITY OF WHITTIER DOES HEREBY ORDAIN
AS FOLLOWS:



       SECTION 1. Subsection B of Section 18.44.010 of Title 18 to the Zoning Code is
hereby deleted and replaced in its entirety with the following:


               18.44.010       Purpose and intent.

               It is the purpose of this chapter to establish a balance between
               the rights of individuals to conduct adult businesses, as that
               term is defined in this chapter, and the right of residents in the
               City of Whittier to be protected from negative secondary
               effects commonly associated with adult businesses and from
               the increased secondary effects associated with the
               concentration of adult businesses through reasonable and
               uniform regulations. It is the intent of this chapter that these
               regulations be utilized to prevent problems of blight,
               deterioration, crime, and the spread of sexually transmitted
               diseases, which have been demonstrated by detailed studies of
               numerous cities across the nation to accompany the
               establishment and maintenance of adult businesses.



       SECTION 2. Subsection B of Section 18.44.020 of Title 18 to the Zoning Code is
hereby deleted and replaced in its entirety with the following:



               B.       "Specified sexual activities" means and includes any
               of the following:
               1.       The fondling or other touching of human genitals,
               pubic region, buttocks, anus or female breasts; or
               2.       Sexual intercourse, actual or simulated; or
               3.       Human genitals in a state of sexual stimulation or
               arousal; or
               4.       Acts of human masturbation, sexual stimulation or
               arousal, actual or simulated; or
               5.       Use of human or animal ejaculation, sodomy, oral
               copulation, coitus or masturbation; or
              6.       Masochism, erotic or sexually-oriented torture,
              beating, or the infliction of pain; or
              7.       Human excretion, urination, menstruation, vaginal or
              anal irrigation.



       SECTION 3. Subsection C of Section 18.44.020 of Title 18 to the Zoning Code is
hereby deleted and replaced in its entirety with the following:



              C.      "Adult bookstore" means an establishment that
              devotes more than fifteen percent of the total floor area
              utilized for the display and sale or rental of sexually oriented
              merchandise and does not include an establishment that sells
              or rents sexually oriented merchandise as an incidental or
              accessory part of its principal stock-in-trade and does not
              devote more than fifteen percent of the total floor area of the
              establishment to the sale or rental of such merchandise.



       SECTION 4. Subsection H of Section 18.44.020 of Title 18 to the Zoning Code is
hereby deleted and replaced in its entirety with the following:



              H.      "Adult hotel or motel” means a motel, hotel, or similar
              establishment offering public accommodations for any form
              of consideration which provides patrons with closed-circuit
              television transmissions, films, motion pictures, video
              cassettes, slides or other photographic reproductions which
              are distinguished or characterized by an emphasis upon the
              depiction or description of specified sexual activities or
              specified anatomical areas.



       SECTION 5. Subsection Q of Section 18.44.020 of Title 18 to the Zoning Code is
hereby deleted and replaced in its entirety with the following:



              Q.      "Headshop" or "drug paraphernalia shop" means an
              establishment or place where more than fifteen percent of the
              floor area in any room is used for the sale and display of such
              paraphernalia and literature, including but not limited to
              cocaine and sniffing kits, glass mirrors for curing cocaine,
              snorting spoons and tubes, strainers to sift cocaine, water
              pipes (bongs), everyday items with special removable tops
              that have been converted to conceal narcotics and drugs,
              including but not limited to beer cans, oil cans and plastic
              photograph film vials, roach clips (for holding marijuana
              cigarettes), books and magazines extolling the illegal use of
              narcotics or controlled substances. This definition does not
              limit licensed pharmacies in selling and displaying
              paraphernalia that is medicinal equipment prescribed by
              licensed medical practitioners.



       SECTION 6. Subsection S of Section 18.44.020 of Title 18 to the Zoning Code is
hereby deleted and replaced in its entirety with the following:



              S.       "Sexually Oriented Merchandise" shall include books,
              magazines, periodicals, or other printed matter, or
              photographs, films, motions pictures, video cassettes, video
              discs, slides, tapes, records or other forms of visual or audio
              representations which are characterized by an emphasis upon
              the depiction or description of specified sexual activities or
              specified anatomical areas. This term shall also include
              instruments, devices or paraphernalia which are designed for
              use in connection with specified sexual activities. Such
              merchandise shall also include adult video games, or coin-
              operated electronic game machines having visual displays and
              animation that depict in any manner, any activity
              characterized by exposure of specified anatomical areas or
              specified sexual activities.



       SECTION 7. Subsection T of Section 18.44.020 to Title 18 of the Zoning Code is
hereby deleted and replaced in its entirety with the following:



              T.      "Performer" shall mean any person who is an
              employee or independent contractor of an adult business, and
              who, with or without any compensation or other form of
              consideration, carries out, executes, accomplishes, or acts out
              adult live entertainment for patrons of an adult business.
              Performer does not include a patron.
       SECTION 8. A new Subsection U to Section 18.44.020 of Title 18 to the Zoning
Code is hereby added to read in its entirety as follows:



              U.      "Adult Live Entertainment" shall mean any physical
              human body activity, whether performed or engaged in, alone
              or with other persons, including but not limited to singing,
              walking, speaking, dancing, acting, posing, simulating,
              wrestling or pantomiming, in which the performer or
              performers expose to public view, without opaque covering,
              "specified anatomical areas," or depicting, describing, or
              relating to "specified sexual activities" whether or not the
              specified anatomical areas are covered.



       SECTION 9. A new Subsection V to Section 18.44.020 of Title 18 to the Zoning
Code is hereby added to read in its entirety as follows:



              V.       "Adult business" means any business establishment or
              concern which as a regular and substantial course of conduct
              performs as an adult bookstore, adult motion picture theater,
              adult motion picture arcade, adult drive-in theater, adult
              cabaret, adult motel or hotel, adult theater, adult model studio,
              sexual encounter establishment, body painting studio,
              massage parlor, headshop/drug paraphernalia shop, or sells or
              distributes adult merchandise or sexually oriented
              merchandise, or any other business or concern which offers to
              its patrons products, merchandise, services or entertainment
              characterized by an emphasis on matters depicting,
              describing, or relating to specified sexual activities or
              specified anatomical parts, but not including those uses or
              activities which are preempted by state law.



       SECTION 10. A new Subsection W to Section 18.44.020 of Title 18 to the Zoning
Code is hereby added to read in its entirety as follows:



              W.     "Special needs housing" means children's day care
              center (emotionally disturbed), as defined in Section
              18.06.075 of this code; family day care homes, as defined in
              Section 18.06.170 of this code; family homes (mentally ill), as
              defined in Section 18.06.171 of this code; family homes
              (mentally retarded), as defined in Section 18.06.174 of this
              code; homes for the aged, as defined in Section 18.06.213 of
              this code; housing for senior citizens, as defined in Section
              18.06.229 of this code; and residential facilities, as defined in
              Sections 18.06.372, 375, and 378.



        SECTION 11. Section 18.44.030 of Title 18 to the Zoning Code is hereby deleted
and replaced in its entirety with the following:



              18.44.030       Prohibitions.

              A.       No person or entity shall own, establish, operate,
              control or enlarge, or cause or permit the establishment,
              operation, enlargement or transfer of ownership or control of
              any adult business if such adult business is within two
              hundred fifty feet (250') of another adult business or within
              five hundred (500') feet of any school; library; day care
              facility, as defined in Sections 18.06.072 and 18.06.119; or
              public or private park within the city; or within two hundred
              fifty feet (250') of any special needs housing facility, as
              defined in this chapter; or within two hundred fifty feet (250')
              of any residentially zoned property in the city, except
              residentially zoned properties which are used for commercial
              or institutional uses, such as hospitals, correctional facilities
              or public utility facilities, and which abut C-2, C-3, or M
              zoned property.

              B.      An adult business establishment listed in this section
              shall not be established, operated, enlarged or transferred
              unless the provisions of the zone in which the site or proposed
              site is located permits such a use. The conduct of such
              establishment and the use of premises shall otherwise comply
              with the zoning regulations of the city and all other applicable
              regulations.

              C.      All persons wishing to establish an adult
              entertainment establishment within the city must apply for
              and be granted an adult conditional use permit for said use,
              pursuant to the provisions of this chapter.
         SECTION 12. Section 18.44.040 of Title 18 to the Zoning Code is hereby deleted in
its entirety.



        SECTION 13. Section 18.44.050 of Title 18 to the Zoning Code is hereby deleted
and replaced in its entirety with the following:



               18.44.050       Private viewing rooms.

               A.      It is unlawful for any person or entity which is subject
               to the regulations of this chapter, and which sells or rents
               prerecorded video tapes, movies, transparencies, films,
               projectable motion pictures or equipment used for showing
               any or all of these items, to offer or allow the viewing of these
               materials in private viewing rooms, as defined in Section
               18.44.020.

               B.       The interior of the adult use business shall be
               configured such that there is an unobstructed view, by use of
               the naked eye, and unaided by video, closed circuit cameras
               or any other means, of every public area of the premises,
               including but not limited to the interior of all individual
               viewing areas, from a manager’s station located in a public
               portion of the establishment. No public area, including but not
               limited to the interior of any individual viewing area, shall be
               obscured by any door, curtain, wall, two-way mirror, or other
               device which would prohibit a person from seeing into the
               interior of the individual viewing area, solely with the use of
               the naked eye and unaided by video, closed circuit cameras or
               any other means, from the manager’s station. A manager shall
               be stationed in the manager’s station at all times the business
               is in operation or open to the public in order to enforce all
               rules and regulations. No individual viewing area shall be
               designed or operated to permit occupancy of more than one
               person at any one time.



        SECTION 14. Section 18.44.060 of Title 18 to the Zoning Code is hereby deleted
and replaced in its entirety with the following:



               18.44.060       Measure of distance.
              All required minimum distances set forth in Section 18.44.030
              shall be measured from the nearest property line of one
              designated location to the nearest property line of the other
              designated location along a straight line extended between the
              two points without regard to intervening structures.


        SECTION 15. Section 18.44.070 of Title 18 to the Zoning Code is hereby deleted
and replaced in its entirety with the following:



              18.44.070       Development and maintenance standards.

              A.       Zone. All uses subject to the provisions of this
              chapter shall comply with all of the regulations contained in
              this chapter, and no adult business shall be permitted unless
              the lot upon which such business is proposed to be located is
              classified in the C-2, C-3, or M zone.

              B.      Compliance with other code sections. All adult
              businesses hereafter commenced shall, comply with the
              following, except as otherwise specifically provided for in this
              chapter:

              1.       The provisions of Chapter 18.24 (Commer, cial Zones
              Generally) and either 18.30 (C-2 Commercial Zone) or 18.32
              (C-3 Commercial- Manufacturing Zone), if the adult business
              is located or its proposed location is in such commercial zone;
              or the provisions of Chapter 18.34 (M Manufacturing Zone),
              if the adult business is located or its proposed location is in
              such manufacturing zone; and

              2.      The provisions of Chapter 18.48 (Off-street Parking);
              and

              3.      The provisions of Division II of Title 18 of the zoning
              regulations (Signs).

              C.      Development Review Required. If an application for
              an adult conditional use permit includes external structural
              changes to the building requiring a building permit, including
              the construction of a new building, an addition to an existing
              building, or a façade remodel of an existing building, the
              construction, addition, or remodeling shall be reviewed by the
              Design Review Board, established by Chapter 2.12 of this
              code, to ensure that the proposed design is consistent with the
              general architectural character of the neighborhood and shall
follow the procedural provisions in Section 18.44.210 of this
code. An application for an adult conditional use permit shall
be exempt from the provisions of Chapter 18.56 of this code.

D.      Development Review Not Required. If an application
for an adult conditional use permit does not include external
structural changes to the building requiring a building permit,
including the construction of a new building, an addition to an
existing building, or a façade remodel of an existing building,
then the adult conditional use permit shall not be subject to
review by the Design Review Board.

E.      Signs. Except for theater marquee signs, changeable
copy signs and temporary signs, as defined in Chapter 18.72,
are not permitted. In addition to the requirements of Title 18,
Division II, of the Whittier Municipal Code, all sign permits
shall be subject to review and approval by the Planning
Commission as part of the adult conditional use permit
process, such approval to be made according to the provisions
regarding the location and nature of signs as provided in
Chapters 18.72 and 18.76 of this code.

F.      Exterior Painting. Buildings and structures shall not
be painted or surfaced with any design that would simulate a
sign or advertising message and cannot be established or
maintained such that the exterior appearance of the structure
is substantially inconsistent with the external appearance of
structures on abutting properties.

G.       Displays. Advertisements, displays of merchandise,
signs or any other exhibit depicting adult entertainment
activities placed within the interior of buildings or premises
shall be arranged or screened to prevent public viewing from
outside such building or premises.

H.     Loudspeakers. Outdoor loudspeakers or other outdoor
sound equipment advertising or directing attention to an adult
business, including but not limited to prerecorded or live
music or sounds, are prohibited.

I.      Graffiti. Upon order of the City Manager, graffiti
appearing on any exterior surface of a building or premises, of
an adult business, which graffiti is within public view, shall
be removed and that surface shall be restored within forty-
eight hours of notification to the owner or person in charge of
the premises or as may be specified in other ordinances of the
city regulating graffiti removal.

J.     Restrooms.      If the adult use business provides
restrooms for patron use, it shall provide separate restroom
facilities for male and female patrons. The restrooms shall be
free from sexually oriented materials and sexually oriented
merchandise. Only one (1) person shall be allowed in each
restroom at any time, unless otherwise required by law, in
which case the sexually oriented business shall employ a
restroom attendant of the same sex as the restroom users who
shall be present in the public portion of the restroom during
operating hours. The attendant shall insure that no person of
the opposite sex is permitted into the restroom, and that not
more than one (1) person is permitted to enter a restroom stall,
unless otherwise required by law, and, with the exception of
urination, that no persons engage in any specified sexual
activity in the public portion of the restroom.

K.      Security.   The following provisions shall apply to
adult businesses:

1.      The adult business shall provide a video surveillance
system that visually records and monitors all parking lot
areas, rear alley areas immediately adjacent to the business,
the main building entrance(s) and exit(s), and any and all cash
registers or cash offices on the premises of the adult business.
The business owner or his/her designated representative shall
instruct the company or individual(s) installing the
surveillance equipment at the adult business to position
cameras to maximize the quality of facial and body images
and to avoid backlighting and physical obstructions. The
company or individual(s) installing the surveillance
equipment for any adult business shall be responsible for
reasonable compliance with those instructions in installing
such equipment at the adult business.

2.      The owner of the adult business shall be responsible
for insuring that the adult business’ video surveillance system
complies with the following minimum standards.

a.       Video cameras. Cameras shall have a minimum
resolution of 500 lines per inch and a minimum light factor
requirement of 0.7 LUX. Light sensitive lenses or the
installation of additional lighting may be required to increase
picture clarity and brightness. Cameras shall be calibrated and
focused to maximize the quality of the recorded image.

b.     Video recorder. The recording device shall be defined
as a “high density recorder” by manufacturer specifications.
The device shall be a time-lapse recorder that displays a
current date and time stamp on the videotape. Systems
required to have more than one camera per section
18.44.070(K)(1) shall include a “Quad” or “Multiplexer”
video display splitter. The recording equipment and all
recorded video tapes kept in compliance with subsection
(K)(4) of this section shall be secured in a locked area in
which access is limited to the adult business owner, the permit
holder, or his/her designated representative(s).

c.     Display monitor. A display monitor with a minimum
screen size of twelve inches (12”) shall be connected to the
video surveillance system at all times. If a “Quad” video
display splitter is utilized, the display monitor shall have a
minimum screen size of fifteen inches (15”).

3.       Video surveillance systems shall be maintained in
good working order at all times. The owner of the adult
business shall instruct each employee to immediately report
any malfunctioning of or technical problems whatsoever with
surveillance equipment. Every three months, the business
owner or his/her designated representative shall inspect all
cameras and video recorders to ensure proper operation and
shall perform the following functions: the camera lenses shall
be cleaned and calibrated into focus; the recording heads shall
be cleaned and the date and time stamp shall be calibrated to
reflect true information; all wires connected to the camera and
video recording device shall be inspected for wear and tear;
and, a test recording shall be done to verify the image quality
and date and time stamp. The business owner or his/her
designated representative shall keep a video surveillance
maintenance log documenting all inspections and repairs to
the system. Any technical problems or inoperable equipment
shall be repaired as soon as possible, not to exceed fifteen
(15) days from discovery of the problem. The video
surveillance system and maintenance log are subject to
periodic inspection by the police department.

4.      The video surveillance system and recording device
shall be in continuous operation from one full hour before to
one full hour after the adult business is open to the public, or
any portion thereof. Videotapes of daily business operations
shall be kept a minimum of thirty (30) days prior to reuse or
destruction of such videotapes, and shall be provided to the
Police Department upon request. Such videotapes shall be
clearly marked with the date the videotape was most recently
recorded, and, in the event there are multiple tapes of the
same date, each videotape shall be clearly marked in the
sequential numerical order that it was so recorded.
5.        Adult businesses providing adult live
entertainment shall also provide security officers
continuously from one full hour before to one full hour
after any adult live entertainment is conducted at the
adult business, to maintain the peace and to enforce all
statutes, ordinances and conditions of the permit. The
number of security officers required shall be determined
by the following formula: one (1) security officer per
seven hundred fifty (750) square feet of floor area of the
adult business that may be occupied by patrons.

6.     Any security officer required and/or provided by any
adult business shall comply with the provisions of California
Business and Professions Code Section 7582, et seq.

7.      The City may increase or decrease the security
requirements for an adult business should the particular
circumstances at such adult business demonstrate the need for
such change.

L.      Landscaping. The landscaping on the exterior of the
adult business shall conform to the standards established for
the zone in which the adult business is granted a conditional
adult use permit.

M.      Sound. The premises within which the adult business
is located shall provide sufficient sound-absorbing insulation
so that noise generated inside said premises shall not be
audible anywhere on any abutting property, abutting public
right-of-way, or from within any abutting building or other
separate unit within the same building as the adult business.

N.     Lighting.

1.      Interior.    The premises within which the adult
business is operated shall be equipped with and, at all times
during which the adult business is open to the public, shall
remain illuminated with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons
are permitted access with an illumination of not less than two
(2) foot-candles as measured at the floor level.

2.      Exterior. The exterior of the premises upon which the
adult business is operated shall be equipped with and, at all
times between sunset and sunrise, shall remain illuminated
with fixtures of sufficient intensity and number to illuminate
every portion of the property with an illumination level of not
less than one (1) foot-candle as measured at the ground level,
including, but not limited to, landscaped areas, parking lots,
driveways, walkways, entry areas, and refuse storage areas.

O.      Hours of Operation. Adult businesses shall not
operate between the hours of two (2) a.m. and six (6) a.m.

P.      Change of ownership. If an adult business operating
with a permit pursuant to this chapter changes ownership, the
current owner or operator of that business shall notify the
police department of the new owner's name and address
within ten (10) days of the effective date of such change of
ownership.

Q.      Other conditions. The Planning Commission has the
limited discretion to add appropriate and narrowly tailored
conditions to the granting of a permit pursuant to this Chapter,
should the particular facts and/or circumstances of a proposed
use so justify.
       SECTION 16. A new Section 18.44.075 of Title 18 to the Zoning Code is hereby
added to read in its entirety as follows:



             18.44.075      Adult business offering live entertainment -
                            - Operating requirements.

             No person, association, partnership or corporation shall
             engage in, conduct or carry on, or permit to be engaged in,
             conducted or carried on the operation of an adult business
             which offers live entertainment unless each and all of the
             following requirements are met:

             A.      It is unlawful for any employee, owner, operator,
             responsible managing employee, manager or permittee of an
             adult business which offers live entertainment to allow any
             person below the age of eighteen years upon the premises or
             within the confines of any adult business which offers live
             entertainment if no liquor is served, or under the age of
             twenty-one if liquor is served.

             B.       No performer shall perform with or within ten feet
             (10') of a patron on the premises of the adult business.

             C.      No owner, operator, responsible managing employee,
             manager or permittee shall permit or allow, at any adult
             business premises, any patron to approach within ten feet (10')
             of a performer, while performing, or permit or allow a
             performer, while performing, to approach within ten feet (10')
             of a patron.

             D.      No owner or person with managerial control over an
             adult business shall permit, and no employee or independent
             contractor of an adult business which is not a theater, concert
             hall or similar establishment primarily devoted to theatrical
             performances, while on the premises of an adult business,
             shall engage in a live showing of the human male or female
             genitals, pubic area or buttocks with less than a fully opaque
             covering and/or the female breasts with less than a fully
             opaque covering over any part of the nipple or areola and/or
             covered male genitals in a discernibly turgid state. This
             provision may not be complied with by applying an opaque
             covering simulating the appearance of the specific anatomical
             part required to be covered.

             E.      No owner or person with managerial control over an
             adult business shall permit, and no employee or independent
contractor of an adult business which is a theater, concert hall
or similar establishment primarily devoted to theatrical
performances, while on the premises of the adult business,
shall engage in a live showing of the human male or female
genitals, pubic area or buttocks with less than a fully opaque
covering, and/or the female breasts with less than a fully
opaque covering over any part of the nipple or areola and/or
covered male genitals in a discernibly turgid state. This
provision may not be complied with by applying an opaque
covering simulating the appearance of the specific anatomical
part required to be covered. This provision shall not apply to
an adult or sexually oriented business that has, on or before
July 1, 1998, been adjudicated by a court of competent
jurisdiction to be, or by action of the City of Whittier allowing
the business to operate as a theater, concert hall, or similar
establishment, primarily devoted to theatrical performances.

F.      No person shall perform adult live entertainment
except upon a permanently fixed stage which is at least
eighteen inches (18") above the level of the floor, separated
by a distance of at least ten feet (10') from the nearest area
occupied by patrons, and surrounded with a three foot (3')
high barrier or by a fixed rail at least thirty inches (30") in
height placed at a distance of not less than ten feet (10')
around the perimeter of the stage. No patron shall be
permitted within ten feet (10') of the stage while the stage is
occupied by performer(s). This provision shall not apply to an
individual viewing area where the performer is completely
separated from the area in which an individual views the
performer by a permanent, floor to ceiling, solid barrier.

G.      No performer shall have physical contact with any
patron, and no patron shall have physical contact with any
performer, while the performer is performing on the premises.
In addition, while on the premises, no performer shall have
physical contact with a patron or another performer and no
patron shall have physical contact with a performer, which
physical contact involves the touching of the clothed or
unclothed genitals, pubic area, buttocks, cleft of the buttocks,
perineum, anal region, or female breast with any part or area
of any other person's body either before or after any adult live
entertainment by such performer. This prohibition does not
extend to incidental touching. Patrons shall be advised of the
separation and no-touching requirements by signs placed on
the barrier between patrons and performers and, if necessary,
by employees of the establishment.

H.      If patrons wish to tip performers, tips shall be placed
in receptacles, which shall be located at least ten feet (10’),
              from the performer and the performing area. Patrons shall not
              throw tips to performers, hand tips directly to the performers,
              or place tips in the performers' costumes.

              I.     The adult use business shall provide an entrance/exit
              to the premises for performers which is separate from the
              entrance/exit used by patrons.

              J.       Neither performers, employees, nor independent
              contractors of an adult business shall solicit drinks from
              patrons and the owner of the adult business shall not allow the
              solicitation of drinks by any performer, employee, or
              independent contractor of the adult business.


        SECTION 17. Section 18.44.100 of Title 18 to the Zoning Code is hereby deleted
and replaced in its entirety with the following:



              18.44.100       Protection of minors.


              All adult businesses, including any employee, owner,
              operator, responsible managing employee, or manager of an
              adult business, shall prohibit the admission of minors, i.e. any
              person below the age of eighteen years, upon the premises or
              within the confines of that adult business, if no liquor is
              served therein, or shall prohibit the admission of persons
              under the legal drinking age of twenty-one if liquor is served
              at the adult business.



        SECTION 18. Section 18.44.110 of Title 18 to the Zoning Code is hereby deleted
and replaced in its entirety with the following:



              18.44.110       Violations -- Public nuisance.


              The conduct of any business within the city in violation of any
              of the terms of this chapter is hereby found and declared to be
              a public nuisance per se, and the city attorney or the district
              attorney may, in addition to or in lieu of prosecuting a
              criminal action hereunder, commence an action or proceeding
              for the civil abatement, removal and enjoinment thereof, in
             the manner provided by law; and shall take other steps and
             shall apply to such courts as may have jurisdiction to grant
             such relief as well as abate or remove such adult business and
             restrain and enjoin any person from conducting, operating or
             maintaining an adult business contrary to the provisions of
             this chapter. The conduct of any business within the city in
             violation of any of the terms of this chapter will also serve as
             grounds for the revocation of an adult conditional use permit
             pursuant to Section 18.44.250(A)(11).



       SECTION 19. A new Section 18.44.115 of Title 18 to the Zoning Code is hereby
added to read in its entirety as follows:



             18.44.115       Violations -- Penalty.

             Any person who violates any section of this chapter shall be
             guilty of a misdemeanor and subject to a fine of one thousand
             dollars and/or imprisonment in the county jail for a period of
             up to six months.



       SECTION 20. A new Section 18.44.200 of Title 18 to the Zoning Code is hereby
added to read in its entirety as follows:



             18.44.200       Permit -- Contents of application.

             A.      An application must be signed by the owner or lessee
             who is applying for a conditional adult use permit and who
             will be conducting, or whose agents, employees, or
             independent contractors will be conducting, the adult
             entertainment on the premises for which the permit is sought.
             In the case of a lessee of a property applying for a permit
             pursuant to this chapter, the property owner shall
             acknowledge on the application consent to the application for
             an adult conditional use permit.

             B.      The application shall include the applicant's mailing
             address, and name and phone number of the person who is
             responsible for providing access to the proposed use for
             inspection purposes.
C.     The application shall list the legal form of the
applicant, e.g. individual, partnership, corporation.

1.       If the applicant is an individual, the application shall
list his or her legal name, any aliases and date of birth;

2.       If the applicant is a partnership, the application shall
list the full and complete name of the partnership, the legal
names and addresses of all partners, dates of birth, and all
aliases used by all of the general partners, and whether the
partnership is general or limited; and

3.       If the applicant is a corporation, the application shall
list the full and complete corporate name, the date and status
of its incorporation, evidence that the corporation is in good
standing, the legal names and dates of birth, and all aliases
used, and the capacity of all officers, directors and principal
stockholders (i.e. all stockholders with ten percent or more of
all outstanding shares), and the name and address of the
registered officer for service of process.

D.      The application must list whether, preceding the date
of the application, the application or any of the individuals
listed pursuant to subsection C of this section, has:

1.      Other licenses and/or permits issued to and/or revoked
from the applicant, in the three (3) years prior to the year of
the permit application, such other license and/or permit
relating to similar business activities as in the permit
application. If the application lists such other licenses and/or
permits, the list shall include the type, current status, and
issuing agency for each license/permit;

2.       Been a partner in a partnership or an officer, director
or principal stockholder of a corporation which has had any
other licenses and/or permits, relating to similar business
activities as in the permit application, issued to and/or
revoked in the three (3) years prior to the year of the permit
application. The type, current status, and issuing agency for
each previously revoked licenses and/or permits shall be listed
on the application;

3.       Been found guilty of or pleaded nolo contendere
within the past four years to a misdemeanor or a felony
classified by the state as a sex or sex-related offense.

E.     The application must include the address of the
proposed site, including the assessor's parcel number and the
complete legal description of the property.
F.      The application must include a detailed description of
the proposed use, including reference to definitions in this
chapter and the facts sufficient to justify the granting, of the
permit in accordance to the provisions of this chapter.

G.      The applicant shall furnish to the planning department
an accurate list of the names and addresses of all property
owners to whom notice must be given as provided in Section
18.44.210(H) of this chapter. The applicant shall also furnish
a list of the physical addresses of such properties, if such
address is different from property owners' addresses. If the
physical addresses of such properties include subunits, e.g.
apartments, suites, or units, then the applicant shall provide,
for each address to which this is applicable, the total number
of subunits at the address and the range of consecutive unit
designations, e.g. 1500 South Street, 5 apartments, A through
E.

H.      The application must include twenty (20) blueline
prints of a fully dimensioned plot plan, drawn to a scale of not
less than one inch (1") equal to twenty feet (20'), indicating all
existing or proposed structures, parking areas, landscaping,
walls and fences, lighting, driveways and curb-cuts, sidewalks
and walkways, street trees, signs, property lines, easements,
topographical features, and any other pertinent items
necessary to make a determination.

I.      The application must include twenty (20) blueline
prints showing all four (4) elevations of any proposed
structures or elevations of any buildings proposed to be
modified. Elevation drawings shall be prepared at a scale of
not less than one-eighth inch (1/8") equal to one foot (1'), and
shall include all exterior materials and architectural details
intended for final construction. Details of all signage shall
also be included. One (1) set of elevation prints shall be
colored to represent the proposed colors and materials or a
color and materials board shall be submitted. In the case of
existing buildings where change of use is proposed and no
exterior building modifications are proposed, photographs
may be accepted in lieu of elevation drawings if they show all
elevations of the structure.

J.      The application must include twenty (20) blueline
prints of a fully dimensioned floor plan, drawn to a scale of
not less than one-quarter inch (1/4") equal to one foot (1'),
showing all room type and dimensions, window and door
locations, stages or platforms where adult live entertainment
will be performed, proposed barriers, bar areas, cash registers,
             and any other pertinent items necessary to make a
             determination.

             K.       Applications requiring development review, as
             specified in Section 18.44.070(C) of this code, shall submit
             conceptual elevations of all adjacent buildings with sufficient
             detail to determine design compatibility.

             L.       All applicants for an adult conditional use permit must
             also fill out the City's environmental package for purposes of
             complying with the California Environmental Quality Act
             (CEQA), and the permit will be conditioned as necessary for
             compliance with mitigation measures.

             M.      Each application for an adult conditional use permit or
             modification to an existing adult conditional use permit shall
             be accompanied by a filing and processing fee in an amount
             as set by resolution of the City Council. Any applicant may
             withdraw his application by filing a written request to do so at
             any time prior to final action thereon, provided that there shall
             be no refund of fees.

             N.      If an applicant has misrepresented a material fact in
             the application for an adult conditional use permit or has not
             answered each question therein truthfully, then such conduct
             shall serve as a basis for denial of the application by the
             Planning Commission.



SECTION 21. A new Section 18.44.210 of Title 18 to the Zoning Code is hereby
added to read in its entirety as follows:



             18.44.210       Permit -- Decision to grant or deny.

             A.      The Planning Commission ("Commission") shall
             grant, conditionally grant, or deny an application for a permit
             under this chapter.

             B.      The completeness of an application shall be
             determined by the planning director within five (5) working
             days of its submittal to the planning department, as required
             by Section 18.44.200 of this chapter. If it is determined that
             the application is not complete, the applicant shall be notified
             in writing that the application is not complete and the reasons
             therefor, including any additional information necessary to
render the application complete. Such writing shall be
deposited in U.S. mail, postage prepaid, immediately upon
determination that the application is incomplete. Within five
(5) working days following the receipt of an amended
application or supplemental information, the planning director
shall again determine whether the application is complete in
accordance with the procedures set forth above. If an
amended application is not filed with the City within fifteen
(15) days of the date of the notice to the applicant that the
application is incomplete, then such application shall be
deemed to have been withdrawn and the applicant will be
required to submit a new application to the City.

C.      Upon the filing of a completed application, the
Commission shall cause to be made by its own members, or
members of its staff, an appropriate investigation, including
consultation with the building, police, fire and health
departments and inspection of the premises as needed.
Consultation is not grounds for the city to unilaterally delay in
reviewing a completed application, nor is it grounds to extend
the time period to conduct a hearing pursuant to this section.

D.      If an application for an adult conditional use permit
requires Design Review Board review, as set forth in Section
18.44.070 of this code, the Design Review Board shall
consider the application and issue a recommendation to the
Planning Commission within fifteen (15) days of the
determination of a complete application.

E.      The Commission shall notice and conduct a public
hearing, within fifteen (15) days of: (1) the recommendation
of the Design Review Board for an application requiring
development review pursuant to Section 18.44.070(C), or (2)
within fifteen (15) days of the determination of a complete
application for those applications that do not require
development review pursuant to Section 18.44.070(D).
Notice of such hearing shall be made as set forth in California
Government Code Sections 65091 and 65905. The applicant
shall insure that any posted notices on the property for which
the permit is sought shall remain posted during the time
period provided for in Government Section 65091.

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

G.      The Planning Commission shall render a written
decision on the application for an adult conditional use permit
within two (2) days of the public hearing required by this
section. Such written decision shall include findings upon
             which the decision is based.

             H.      The failure of the Commission to render any decision
             within the time frames established in any part of this section
             shall be deemed to constitute a denial.

             I.      The Commission's decision shall be immediately hand
             delivered or immediately mailed to the applicant, and shall be
             provided in accordance with the requirements of this code.

             J.       Notwithstanding any provisions in this chapter
             regarding the occurrence of any action within a specified
             period of time, the applicant may request additional time
             beyond that provided for in this chapter or may request a
             continuance regarding any decision or consideration by the
             city of the pending application. Extensions of time sought by
             applicants shall not be considered delay on the part of the city
             or constitute failure by the city to provide for prompt
             decisions on applications.



       SECTION 22. A new Section 18.44.220 of Title 18 to the Zoning Code is hereby
added to read in its entirety as follows:



             18.44.220       Appeal.

             A.      Any interested person may appeal the decision of the
             Commission to the City Council in writing, such written
             appeal to be personally delivered to the City or postmarked
             within five (5) days of the commission's written decision.

             B.      Consideration of an appeal of the Commission's
             decision shall be at a public hearing, notice of which shall be
             given pursuant to California Government Code Sections
             65091 and 65905 and which hearing shall occur within fifteen
             (15) days of the filing or initiation of the appeal.

             C.      The City Council action on the appeal of the
             Commission's decision shall be by a majority vote of the
             members present and upon the conclusion of the de novo
             public hearing, the City Council shall grant, conditionally
             grant or deny the appeal. The City Council's decision shall be
             final and conclusive and shall be rendered in writing within
             two (2) days of the hearing, such written decision to be
             immediately mailed to the party appealing the Commission's
             decision and to any other affected parties. Such written
             decision shall include findings upon which the decision is
             based.

             D.     In reaching its decision, the City Council shall not be
             bound by the formal rules of evidence.

             E.      Notwithstanding any provisions in this chapter
             regarding the occurrence of any action within a specified
             period of time, the applicant may request additional time
             beyond that provided for in this chapter or may request a
             continuance regarding any decision or consideration by the
             city of the pending appeal. Extensions of time sought by
             applicants shall not be considered delay on the part of the city
             or constitute failure by the city to provide for prompt
             decisions on applications.

             F.      The failure of the City Council to render any decision
             within the time frames established in any part of this section
             shall be deemed to constitute a denial.

             G.      Each appeal from a denial or conditional approval of
             an adult conditional use permit shall be accompanied by a
             filing and processing fee in an amount as set by resolution of
             the City Council. Any person appealing may withdraw the
             appeal by filing a written request to do so at any time prior to
             final action thereon, provided that there shall be no refund of
             fees.



       SECTION 23. A new Section 18.44.230 of Title 18 to the Zoning Code is hereby
added to read in its entirety as follows:



             18.44.230       Permit -- Judicial review of decision to
                             grant or deny.

             A.      The time for a challenge to a decision of the City
             Council in a court of law is governed by California Code of
             Civil Procedure Section 1094.6.

             B.      Notice of the City Council's decision and findings
             shall include citation to California Code of Civil Procedure
             Section 1094.6.

             C.      Any applicant whose permit has been denied or
             conditionally approved, to which such conditions the
             applicant objects, pursuant to this chapter shall be afforded
             prompt judicial review of that decision as provided by law.
             The city shall make every effort to expedite such review, in
             all ways possible, including but not limited to taking the
             following measures:

             1.      Providing the complete administrative record of the
             denial or conditional granting of an applicant's appeal
             proceeding under Section 18.44.220 within five (5) business
             days of the service of a petition under California Code of
             Civil Procedure Section 1094.6 as to the denial, or within five
             (5) business days of a written request by the applicant for such
             record, whichever first occurs.

             2.       Seeking a briefing and hearing schedule by stipulation
             with the petitioner(s), or requesting expedited briefing,
             hearing, and ruling by a court of law should no stipulation be
             agreed upon between the parties, in order to obtain a final
             judicial determination on the merits within thirty (30) days
             after completion of the administrative record, unless this time
             frame cannot be met consistent with sound judicial resolution,
             and, if this is the case, by stipulation or request to the court of
             law ensuring a final judicial determination within the shortest
             time feasible. If, after the adoption of this ordinance, a
             subsequent rule of the courts of law of the state or county or
             statute dictates other time frames for hearing, briefing or
             decision, the city shall comply with such time frames.

             3.      Filing a motion pursuant to Code of Civil Procedure
             Section 1094 requesting a court of law to determine the
             Petition for Writ of Mandate, if the petitioner fails to cause
             the matter to be set for hearing within fourteen (14) days of
             the service of the Petition for Writ of Mandate and fails to
             agree to a stipulated briefing/hearing schedule with the city.



       SECTION 24. A new Section 18.44.240 of Title 18 to the Zoning Code is hereby
added to read in its entirety as follows:



             18.44.240       Permit revocation.

             A.      Any permit issued pursuant to the provisions of this
             chapter may be revoked by the city on the basis of any one or
             more of the following:
1.       That the business or activity has been conducted in a
manner which violates one or more of the conditions imposed
upon the issuance of the permit, including violations of
operational or locational requirements, or which fails to
conform to the plans and procedure described in the
application, or which violates the occupant load limits set by
the fire department;


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

3.      That the permit is being used to conduct an activity
different from that for which it was issued;
4.      That the permittee has misrepresented a material fact
in the application for permit or has not answered each
question therein truthfully;

5.       That due to changes in on-site conditions, the adult
business lacks sufficient on-site parking areas for employees
and the public under the standards set forth in Chapter 18.48
of this code;

6.      That the building or structure in which the adult
business is conducted shall be utilized in a manner that is at
all times in compliance with the current approved and adopted
edition of the various Uniform Building, Uniform Fire,
Uniform Electrical and Uniform Plumbing Codes adopted by
the city to insure that the operation is not hazardous to the
health or safety of the employees or patrons of the business or
of the general public;

7.     That the permitted business creates sound levels
which violate any noise control ordinance of the city which
may be in effect at the time of the violation(s);

8.      That the security measures provided by the permittee
have not been adequate to deter unlawful conduct by the
employees or patrons of the facility such that the city's public
safety department's response to calls for service at the facility
is above the average number of calls for service by other
entertainment-type facilities;

9.     That the use for which the approval was granted has
ceased to exist or has been suspended for six (6) months or
more.

10.     A patron, or employee or independent contractor of
the adult business is found guilty of, or pleaded nolo
contendere to, a misdemeanor or felony classified by the State
as a sex or sex-related offense, and that such offense or
alleged offense occurred on the premises of the adult
business. If the conduct is that of a patron, revocation must
be based upon a finding that the operators of the adult
business failed to take reasonable and appropriate measures to
control the conduct of a patron or assisted the patron in the
conduct for which he or she is convicted.

11.     The adult business has violated or allowed the
violation of any provision of this chapter on its premises

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

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

D.     The Commission shall notice and conduct a public
hearing on the proposed permit revocation, with notice of
such hearing to be made pursuant to California Government
Code Sections 65091 and 65905.

E.      The Commission shall make its decision to revoke or
not revoke the permit within thirty (30) days of the public
hearing.

F.      The Commission shall revoke, not revoke, or not
revoke but add additional conditions to, the permittee's adult
conditional use permit. The Commission's decision shall be
in writing, and shall be hand delivered or mailed to the
applicant and mailed to all property owners within three
hundred feet (300') of the use.

G.      Any interested person may appeal the decision of the
Commission to the city in writing within five (5) days after
the written decision of the Commission.

H.      Consideration of an appeal of the Commission's
decision shall be at a duly noticed public hearing and shall
occur within fifteen (15) days of the filing or initiation of the
appeal.

I.      Upon the conclusion of a de novo public hearing, the
             City Council shall approve, conditionally approve or reject the
             decision of the Commission.

             J.     In reaching a decision, the City Council shall not be
             bound by the formal rules of evidence.

             K.      The City Council action on appeal of the
             Commission's decision shall be by a majority vote of the
             quorum of the city council and shall be final and conclusive.
             The City Council's decision shall be based upon written
             findings.

             L.      The time for a challenge to a decision by the City
             Council in a court of law is governed by California Code of
             Civil Procedure Section 1094.6.

             M.      Notice of the City Council's decision and its findings
             shall be mailed to the applicant and shall include citation to
             the California Code of Civil Procedure Section 1094.6.

             N.      In the event a permit is revoked pursuant to this
             chapter, another adult conditional use permit to operate an
             adult business shall not be granted to the permittee within
             twelve (12) months after the date of such revocation.

             O.      If a judicial action, challenging the revocation, is filed
             and served within fourteen (14) days of the mailing of the
             notice required in Subsection (M) of this Section, then the
             revocation is automatically stayed, the status quo of the
             permit prior to revocation being maintained until such time as
             a judicial decision is rendered from a court of law authorizing
             the revocation and lifting the stay.



       SECTION 25. A new Section 18.44.250 of Title 18 to the Zoning Code is hereby
added to read in its entirety as follows:



             18.44.250       Severability.

             Should any section, subsection, clause or provision of this
             chapter for any reason be held to be invalid or facially
             unconstitutional, such invalidity or unconstitutionality shall
             not affect the validity or constitutionality of the remaining
             portions of this chapter, it being hereby expressly declared
             that this chapter, and each and every section, subsection,
               sentence, clause and phrase hereof would have been prepared,
               proposed, approved, adopted and/or ratified irrespective of the
               fact that any one or more section, subsections, sentences,
               clauses or phrases of this chapter be declared invalid or
               unconstitutional, including, but not limited to, the locational
               and operational requirements contained in Sections 18.44.020,
               18.44.030, 18.44.050, 18.44.060, 18.44.070, 18.44.075,
               18.44.090, 18.44.100, 18.44.110, and 18.44.115.



        SECTION 26. Number 4 is hereby added to the Off-Street Parking Schedule in
Section 18.48.020 of Title 18 of the Zoning Code is hereby deleted and replaced in its
entirety with the following:



        4.       Assembly buildings                1 parking space for each 3 fixed
        (including but not limited to              seats, and 1 space for each 100
        mortuaries, spectator sport                square feet of gross floor area
        facilities, theaters, private clubs,       devoted or designed for assembly
        fraternity and sorority houses,            purposes without fixed seats.
        without sleeping quarters).



        SECTION 27. A new Number 29 is hereby added to the Off-Street Parking Schedule
in Section 18.48.020 of Title 18 to the Zoning Code reading in its entirety as follows:



        29.   Adult bookstore;                     1 parking space for each 200
        Headshop; Drug Paraphernalia               square feet of gross floor area.
        Shop.



        SECTION 28. A new Number 30 is hereby added to the Off-Street Parking Schedule
in Section 18.48.020 of Title 18 to the Zoning Code reading in its entirety as follows:



        30.     Adult cabaret; Adult               1 parking space for each 50
        Model Studio, Massage Parlor;              square feet of gross floor area.
        Sexual Encounter
        Establishment; Body Painting
        Studio; Adult Motion Picture
        Arcade (Peep Show).
        SECTION 29. A new Number 31 is hereby added to the Off-Street Parking Schedule
in Section 18.48.020 of Title 18 to the Zoning Code reading in its entirety as follows:



         31.    Adult Theater; Adult                 1 parking space for each two (2)
         Motion Picture Theater.                     fixed seats, and 1 parking space
                                                     for each 20 square feet of gross
                                                     floor area devoted to or designed
                                                     for assembly purposes without
                                                     fixed seats.


        SECTION 30. A new Number 32 is hereby added to the Off-Street Parking Schedule
in Section 18.48.020 of Title 18 to the Zoning Code reading in its entirety as follows:



         32.     Adult Hotel or Motel               1 parking space for each hotel or
                                                    motel unit, plus 2 spaces for the
                                                    residential manager and 1
                                                    additional space for each unit
                                                    with a kitchen facility.


SECTION 31. In compliance with the California Environmental Quality Act, an
Environmental Initial Study and Negative Declaration have been prepared, finding
that the proposed project would not have a significant impact on the environment.



        SECTION 32. Any provision of the Whittier Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and
no further, are hereby repealed or modified to that extent necessary to affect the provisions of
this Ordinance.



        SECTION 33. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Whittier hereby declares that it would
have adopted this Ordinance and each section, subsection, sentence, clause, phrase of portion
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases, or portions be declared invalid or unconstitutional.
        SECTION 34. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days
from its adoption.



       PASSED, APPROVED AND ADOPTED this 13th day of April, 1999.




                                                            _________________________

                                                             J. GREG NORDBAK, Mayor




ATTEST:




_________________________

KATHRYN A. MARSHALL,

City Clerk-Treasurer
CITY OF WHITTIER               )

                               ) SS

STATE OF CALIFORNIA            )




        I, Kathryn A. Marshall, City Clerk in and for the City of Whittier, California, hereby

certify that the above and foregoing is a true and correct copy of Ordinance No. 2748,

approved by the City Council of the City of Whittier in regular session, Tuesday, the 13th

day of April, 1999, and same was passed by the following vote:




AYES:          A.P. Zolnekoff; J.R. Henke; R. L. Henderson;


               D. O. Butler;   J. G. Nordbak


NOES:          None


ABSENT:        None




        WITNESS my hand and the official seal of the City of Whittier this 14th day of
April, 1999.




                                                                 ________________________
                                              KATHRYN A. MARSHALL

                                                   City Clerk-Treasurer



Published as required by law: ____ __, 1999

				
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