16.304 ADULT USE rEGULATIONS

B. Applications shall be signed by the property owner and shall be accompanied by the fee established by the Master Fee Schedule. In addition to any other information required by this Zoning Code or the Director, the application shall include a statement of intention to consider leasing the unit as affordable housing and/or accepting vouchers under the federal Section 8 housing program. C. Application review. An application that conforms with all of the applicable provisions of this Chapter shall be reviewed and approved by the Director as a ministerial action within 60 days of submittal. An applicant may request a delay in processing an ADU or JADU application in which case the 60-day time period shall be tolled for the period of the delay. If an application to create an ADU or JADU is submitted with a Permit Application to create a new single-unit dwelling on the property, the City may delay action on the application for the ADU or JADU until it acts on the Permit Application for the new dwelling.

16.303.05 DEED RESTRICTION

Prior to issuance of an Occupancy Permit, the applicant shall provide the Director with proof of recordation with Solano County of a deed restriction that shall run with the land, which requires the rental term of an ADU to exceed 30 days.

16.303.06 APPEALS, EXPIRATIONS, EXTENSIONS, MODIFICATIONS AND REVOCATIONS

A. Appeals. A decision on a Zoning Clearance for an ADU may be appealed in accordance with Section 16.603.03.C. B. Expiration, Extensions and Modifications. A

Zoning Clearance for an ADU is effective and may only be extended or modified as provided for in

Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension, and Section 16.602.12.D, Changes to an Approved Permit. C. Revocations. A Zoning Clearance for a ADU may be revoked pursuant to Chapter 16.615, Enforcement and Abatement. Pursuant to State Health and Safety

Code Section 17980.12, an owner of an ADU that was built before January 1, 2020 may request a delay in enforcement until January 1, 2030 unless the correction is necessary to protect health and safety.

16.304.01 PURPOSE AND APPLICABILITY

These provisions provide special design guidelines/ standards and development regulations to regulate the operation of Adult Use facilities, minimizing any associated negative secondary effects. This Chapter is not intended to provide exclusive regulation of the regulated Adult Use. Such uses shall comply with any and all applicable regulations imposed in other Chapters of the Zoning Code, other City ordinances, and state and federal law.

16.304.02 REQUIREMENTS

A. Major Use Permit Required. 1. No Adult Use may be established within the City by right. All persons wishing to establish an Adult Use within the City shall apply for and receive a Major Use Permit, as provided in Chapter 16.606, Minor and Major Use Permits. 2. It is the burden of the applicant to supply evidence to justify the granting of a Major Use Permit for an Adult Use.

16.304.03 LOCATIONAL LIMITATIONS

A. Subject to the limitations of this Chapter, Adult

Uses may be located in the mixed-use or commercial land use designations, if permitted by the zoning district in which the property is located. B. In those land use designations where the Adult

Uses regulated by this Chapter would otherwise be permitted uses, it shall be unlawful to establish any such Adult Use if the location is:

1. Within a 500- foot radius of a school or park. The distance between a proposed Adult Use and the school or park shall be measured from the nearest exterior wall of the facility housing the Adult Use or proposed Adult Use to the nearest property line which includes a sensitive land use, along a straight line extended between the 2 points. 2. Within 1,000 feet of any other Adult Use as defined by this Chapter located either inside or outside the jurisdiction of the City. The distance between 2 Adult Uses shall be measured between the nearest exterior walls housing the Adult Uses along a straight line extended between the 2 uses.

C. The establishment of any Adult Use shall include the opening of such a business as a new business, the relocation of the business, or the conversion of an existing business to any Adult Use.

16.304.04 DEVELOPMENT AND OPERATING STANDARDS

A. Hours of Operation. It shall be unlawful for any operator or employee of an Adult Use to allow such

Adult Use to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 12 midnight and 10 a.m. of any day, unless a Major Use

Permit for a late night business operation has been granted by the Planning Commission pursuant to

Chapter 16.606, Minor and Major Use Permits. B. Lighting Requirements. All exterior areas of the

Adult Use shall be illuminated at a minimum of 1.00-foot candle, minimally maintained and evenly distributed at ground level. C. Access Provisions.

1. The operator of the Adult Use shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer. 2. No Adult Use shall be operated in any manner that permits the observation of any material, adult oriented merchandise or activities depicting, describing or related to “specified anatomical areas” or “specified sexual activities” from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window, door or other aperture or opening. No exterior door or window on the premises shall be propped open or kept open at any time, and any exterior windows shall be covered with opaque covering at all times. 3. Signage. The Adult Use shall post in plain view inside the front portion of the business facility, in 2-inch print, a sign referencing

California Penal Code Section 314. D. Regulation of Closed Booths. No one shall maintain any arcade booth or individual viewing area unless the entire interior of such premises wherein the picture or entertainment that is viewed is visible upon entering into such premises; and, further, that the entire body of any viewing person is also visible immediately upon entrance to the premises without the assistance of mirrors or other viewing aids. No partially or fully enclosed booths/individual viewing area or partially or fully concealed booths/individual viewing area shall be maintained. No arcade booth shall be occupied by more than one patron at a time. No holes shall be permitted between arcade booths or individual viewing area. The booths shall be cleaned daily. E. Regulation of Viewing Areas. All viewing areas within the Adult Use shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and not obscured by any door, curtain, wall, 2-way mirror or other device which would prohibit a person from seeing into the viewing area from the main aisle. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. All viewing areas shall be designed or operated to permit occupancy of either one person only or more than 10 persons. “Viewing area” shall mean any area in which a person views performances, pictures, movies, videos or other presentations. F. Business License. A person shall not own, operate, manage, conduct or maintain an Adult Use without first having obtained a business license in accordance with the provisions of Title 5, Business Licenses and Regulations, of the Vallejo Municipal Code. G. Background Check/Police Clearance. Applicants for a Major Use Permit to operate an Adult Use as defined in this Chapter shall provide proof that a background check has been cleared by the Police Department. H. On-Site Manager. All Adult Uses shall have a responsible person who shall be at least 21 years of age and who is on the premises to act as manager at all times during which the business is open. The individual designated as the on-site manager shall be responsible for all violations taking place on the premises. I. Minimum Age of Employees. No person shall be employed in an adult business who is not at least 21 years of age.

J. Security Measures. All Adult Uses shall provide a security system that visually records and monitors the exterior premises of the property, including all parking lot areas; or, in the alternative, a uniformed security guard to patrol and monitor the exterior premises of the property, including the parking lot areas during all business hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed 2 feet by 3 feet and shall at a minimum be one foot by one and one-half feet. K. Nude Entertainment Business-Operating

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

1. No employee, owner, operator, responsible managing employee, manager or permittee of a nude entertainment business shall allow any person below the age of 18 years upon the premises or within the confines of any nude entertainment business if no liquor is served, or under the age of 21 years if liquor is served. Prior to commencing the sale of any alcoholic products, the property owner shall secure a Major Use Permit and comply with the provisions of Chapter 16.305, Alcoholic Beverage Sales. 2. No nude entertainer shall dance with or otherwise be within 4 feet of a patron while performing for compensation or while on licensed premises. This 4-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s). 3. No owner, operator, responsible managing employee, manager or permittee shall permit or allow at licensed premises any patron to approach within 4 feet of a nude entertainer or permit or allow a nude entertainer to approach within 4 feet of a patron. 4. All employees of nude entertainment businesses, other than nude entertainers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their “specified anatomical areas.” L. Disposal of Adult Oriented Merchandise and Materials. Any and all adult oriented merchandise and materials discarded by an Adult

Use shall be fully contained within a locked garbage receptacle at all times so that minors are not exposed to sexually explicit materials. M. Use Permit. Procedure for an Adult Use:

1. Any person desiring to operate or establish an Adult Use within the City shall file with the Planning Division an application for a

Major Use Permit on a standard application form supplied by the Planning Division. 2. The Planning Commission or City Council on appeal shall approve or conditionally approve an application for a Major Use Permit pursuant to

Chapter 16.606, Minor and Major Use Permits.

Information submitted by the applicant shall substantiate the following findings: That the proposed use complies with the development and design requirements of the underlying zoning district in which it is located and with the applicable standards of this Chapter;

a. That the proposed use complies with the locational limitations as specified in this Chapter; and b. That neither the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded nolo contenders within the past 4 years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.

3. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter above and the underlying zoning district in which the property is located.

16.304.05 USE PERMIT—JUDICIAL REVIEW OF DECISION TO GRANT OR DENY

A. The time for court challenge to a decision by the City Council is governed by California

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

16.304.06 USE PERMIT—APPEAL, EXPIRATION, MODIFICATIONS AND REVOCATION

A. Appeal. Any interested person may appeal the decision of the Planning Commission in accordance with the provisions of Chapter 16.602, Common

Procedures, Section 16.602.14, Appeals. B. Expiration and Modifications. A Major Use

Permit for an Adult Use is effective and may only be extended or modified as provided for in

Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension, and Section 16.602.12.D, Changes to an Approved Permit. C. Revocation. Any permit issued pursuant to the provisions of this Chapter may be revoked by the City on the basis of any of the following:

1. That the business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit, or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits set by the fire marshal; 2. That the permittee has failed to obtain or maintain all required City, County, and State licenses and permits; 3. That the permit is being used to conduct an activity different from that for which it was issued; 4. That due to changes in on-site conditions, the

Adult Use lacks sufficient on-site parking area for employees and the public under the standards set forth in Chapter 16.508, Off-Street Parking and

Loading, except for an existing use that is legal and nonconforming with respect to parking; 5. That the building or structure in which the

Adult Use is conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in Title 12, Building and

Construction, of the Vallejo Municipal Code; 6. That the permitted business creates sound levels which violate the provisions of Section 7.84, Regulations of Noise Disturbances, and

Lighting Equipment of the Vallejo Municipal

Code; and/or the Performance Standards for

Noise specified in Section 16.502.10, Noise; 7. That the permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contenders to a misdemeanor or felony classified by the state as a sex or sex-related offense during the period of the adult establishment’s operation.

D. The revocation process shall be in accordance with the provisions of Chapter 16.615,

Enforcement and Abatement. E. In the event a permit is revoked pursuant to this

Chapter, another Major Use Permit to operate an adult business shall not be granted to the permittee within 12 months after the date of such revocation.