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Any AUDP approved pursuant to this Chapter shall become null and void unless the proposed use is established within six (6) months of the date from the approval. As to facilities that are a reuse of existing facilities, the AUDP shall become null and void unless the proposed new use is established within six (6) months from the date of approval unless, prior to the expiration date, the permittee demonstrates to the satisfaction of the City's Planning Commission that it has a good faith intent to presently commence the proposed use. Such extensions shall not exceed a total of one six-month extension.
('65 Code, § 23-24.11) (Ord. No. 98-006, § 20 (part))
A. 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 approved plans and procedures described in the application, or which violates the occupant load limits set by the Fire Marshall;
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 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 the Uniform Building, Uniform Plumbing or Uniform Fire Codes;
6. That a permittee, including an owner, clerk, director, partner, or employee of an adult use, has been convicted of an offense classified by the State as a sex-related offense and less than two (2) years have elapsed since the date of conviction or the date of release from confinement of conviction, whichever is the later date, if the conviction is a misdemeanor; or less than five (5) years have elapsed since the date of conviction or the date of release from confinement of conviction, whichever is the later date, if the conviction is a felony; or less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the convictions are two (2) or more misdemeanors or combination of misdemeanor offenses occurring within any twenty-four (24) month period;
7. That an individual employed by the adult use has been convicted of two (2) or more sex-related offenses that occurred in or on the licensed premises within a twelve (12) month period and was an employee of the adult use at the times the offenses were committed; or
8. That the use for which the approval was granted has ceased to exist or has been suspended for six (6) months or more.
B. Written notice of a 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) working days prior to the hearing.
C. The revocation hearing shall be heard by the Planning Commission. The Planning Commission shall not be bound by the formal rules of evidence at the hearing.
D. The Planning Commission shall notice and conduct a public hearing, as prescribed in the Zoning Code, as set forth in Title 17 of this Code, on the proposed permit revocation.
E. The Planning Commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's AUDP. Any additional conditions imposed upon the permit shall be in keeping with the objective site development standards for height, bulk, open space, landscaping, signs and off-street parking of this Chapter and the underlying zoning district in which the property is located.
F. The Planning Commission's decision shall be in writing, and shall be hand delivered or overnight mailed to the applicant within five (5) calendar days of the decision.
G. The Planning Commission shall make its decision within thirty (30) calendar days from the conclusion of the public hearing. The Planning Commission's failure to render such a decision within this time frame shall constitute a decision to revoke the AUDP and be automatically appealed to the City Council.
H. Any interested person may appeal the decision of the Planning Commission in writing within ten (10) working days in accordance with the provisions of § 11.13.215.
I. In the event a permit is revoked pursuant to this Chapter, another AUDP to operate an adult use shall not be granted to the permittee within twelve (12) months after the date of such revocation.
('65 Code, § 23-24.12) (Ord. No. 98-006, § 20 (part))
ADMINISTRATION
(A) From January 27, 1997, until March 12, 1997, no application shall be accepted by the City for the establishment of any new or the expansion of any existing adult-oriented businesses. This will allow the City time to:
(1) Thoroughly examine its laws, rules, procedures and fees related to adult-oriented businesses; and
(2) Revise them as determined necessary to conform with the latest applicable case law and standards, which will allow for the rights of any future applicants and will also protect the best interests, health, safety and welfare of the City.
(B) This section is adopted as an emergency measure pursuant to Charter § 614.
(1) It is effective immediately.
(2) It shall remain in effect for a period of forty-five (45) days; provided that, this period may be extended by the City Council should the public interest require it.
(Ord. 97-004, §§ 1, 2)
The provisions of this Chapter are not intended to provide exclusive regulation of the regulated adult uses. Such uses must comply with any and all applicable regulations imposed in other sections of the Culver City Municipal Code, other City ordinances, and State and Federal laws.
('65 Code, § 23-24.13) (Ord. No. 98-006, § 20 (part))
The conduct of any business within the City in violation of any of the terms of Chapter is hereby found and declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoyment 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 will abate or remove such adult use establishment and restrain and enjoin any person from conducting, operating or maintaining an adult use establishment contrary to the provisions of this Chapter.
('65 Code, § 23-24.14) (Ord. No. 98-006, § 20 (part))
A. Any adult use or establishment regulated under the provisions of this Chapter which is non-conforming on September 10, 1998, shall be subject to an amortization period expiring three (3) years therefrom, except that the that the amortization period shall expire one hundred eighty (180) days therefrom for §§ 11.13.100 through 11.13.115, 11.13.125, and 11.13.135. Any adult use or establishment regulated under the provisions of this Chapter which is non-conforming on September 10, 1998, only because it does not have an approved AUDP from the City shall not be subject to an amortization period.
B. An adult use or establishment operating as a conforming use with an approved AUDP from the City shall not be rendered a non-conforming use by the subsequent location of residential zones, residentially developed planned district zone property, religious institutions, public or private schools, day care facilities, or parks within the locational limitations of this Chapter. For purposes of this section, a use shall be deemed to be subsequently located if it commences following the date an application for an AUDP is deemed complete pursuant to § 11.13.210.
C. Amortization; notice. The City Planner shall provide written notice to the adult use business owner (and lessee/operator, if known by reference to City's business license records) and property owner at least one hundred twenty (120) calendar days prior to the expiration of this amortization period. This notice is not mandatory and lack of notice shall not be deemed to prevent the City from initiating an action seeking declaratory injunctive relief against the owner and/or operator of such business. However, if notice of expiration of amortization period is now given, any application by the owner or lessee/operator of the business for an extension of the amortization period shall not be denied on the grounds that it is untimely.
D. Amortization; application for extension.
1. The adult use business owner may file an application with the City Planner for an extension of the amortization period. The applicant must state:
a. The reason why an extension is necessary;
b. Whether a previous extension had been requested and granted, as well as the date of the previous request; and
c. The efforts that will be made to conform by the conclusion of the extended period.
2. The adult use business owner's application shall be made in writing and shall be accompanied by the required fee as established by the City Council. The application shall include all information which the applicant contends satisfy the eight factors set forth in division E. of this section.
3. Any application for an extension of the amortization period shall be made prior to the expiration of the amortization period unless the Planning Commission determines that good cause exists for the late filing of the application.
E. Amortization; decision to grant or deny.
1. The Planning Commission shall hold a public hearing, noticed as required pursuant to the Zoning Code, as set forth in Tile 17 of this Code, at which time it shall consider the evidence and testimony regarding the request for an extension of the amortization period. The Planning Commission shall grant or deny an application for extension of the amortization period. The Planning Commission shall make its decision within thirty (30) calendar days of the filing of the request.
2. In rendering its decision, the Planning Commission shall determine whether the adult use has been provided with a reasonable amortization period commensurate with the investment involved. If the Planning Commission determines that the amortization period is not reasonable, it shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant to establish that the extension should be granted.
3. The Planning Commission shall consider the following factors in making its determination:
a. The adult use owner's financial investment in the business;
b. The present actual and depreciated value of business improvements;
c. The applicable Internal Revenue Service depreciation schedules;
d. The remaining useful life of the business improvements;
e. The remaining lease term;
f. The cost of relocating the business to a site conforming with the provisions of this Chapter;
g. The ability of the business and/or land owner to change the use to a conforming use; and
h. The secondary effects of the adult use on the health, safety and welfare of surrounding businesses and uses if the adult use is permitted to extend the amortization period.
4. The Planning Commission's decision shall be in writing, and shall be hand delivered or sent by certified mail to the applicant, and shall be posted at City Hall and on the outside of the adult use.
F. Amortization; appeal. Any interested person may appeal the decision of the Planning Commission to the City Council in writing within ten (10) calendar days after the written decision of the Planning Commission in accordance with the provisions of § 11.13.215.
G. Amortization; public nuisance. The City Council declares to be a public nuisance any parcel where an adult use is operating and where the amortization period as a legal non-conforming use has expired and no application for an extension is on file or has been granted, or no application for an AUDP is on file or has been granted.
('65 Code, § 23-24.15) (Ord. No. 98-006, § 20 (part))