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Resolution-ZA 1996-21
DECISION NO. ZA 96-21 FINDINGS OF FACT AND DECISION OF THE HEARING OFFICER PURSUANT TO CHAPTER 18.89 OF THE- ANAHEIM MUNICIPAL CODE APPROVING SEX-ORIENTED BUSINESS NO. 2 This matter,. the application of Kyung Ok Lim, Cave, Inc., doing business as Fantasy Video-N-More, for a Sex-Oriented Business permit to continue operating as a legally nonconforming Sex-Oriented Business at 518 South Brookhurst Street in the City of Anaheim, was advertised for a public hearing on May 9, 1996. - - Albert D. Sanchez, Esq. appeared on behalf of the Applicant. The public hearing was continued to July 11, 1996, and the application was readvertised for said date. The public hearing was further continued to August. 8, 1996. The Applicant's representative requested and expressly agreed to the continuances. Annika M. Santalahti, Zoning Administrator, acting as Hearing Officer, having considered the application of Mr. Lim, testimony of witnesses at the hearings, City Letter dated November 16, 1994 (Exhibit No. 1), Sex-Oriented Business Application for Fantasy Video-N-More (Exhibit No. 2), Applicant's Letter of Justification.(Exhibit No. 3), August 8, 1996 Staff Report to the Hearing Officer (Exhibit No. 4), City location map dated August 8, 1996 (Exhibit No. 5), Applicant letter dated July 30, 1996 (Exhibit No. 6), City Memorandum dated August 5, 1996 with 11 attached photographs showing the pole sign and wall signs advertising Fantasy. Video-N-More and dated July 17, May 6 and Apri125, 1996 and March 14, 1988 (Exhibit No. 7), Plot Plan of Fantasy Video-N-More located at 518 South Brookhurst Street (Exhibit No. 8), Floor Plan of Fantasy Video-N-More (Exhibit No. 9), Applicant letter. dated March 24, 1988 (Exhibit No. 10), and arguments and stipulations of the parties :finds as follows: FINDINGS 1. On November 16, 1994, a certified letter concerning the Business, Fantasy Video-N-More, at 518 South Brookhurst Street was sent to Ju-Tsung Lee (property owner), Brock, Inc. (business owner), and Brock, Inc. c/o :Fantasy Video (business licensee) by the City of Anaheim. License Collector. The .letter states that said Business being conducted at that specific location was nonconforming to the requirements of Chapter 18.89 of the Anaheim'Municipal Code ("A.M.C."), effective November 5, 1993 (the "Sex-Oriented Business Ordinance"). The City Council of the City of Anaheim adopted Ordinance No. 5452 amending the Sex-Oriented Business Ordinance. Ordinance No. 5452, in part, exempts .any Sex-Oriented Business which either (i) was lawfully existing on July 20, 1993, and has continued to lawfully exist at the same location since such date, or (ii) heretofore obtained a Sex- Oriented Business Permit and has continued to comply with all the terms and conditions of that Permit. The letter describes the Business as a "legal nonconforming use" because it does not comply with the Location Requirements and Signage Requirementsset forth. in Chapter 18.89 of the A.M.C. The letter states that the Business :must obtain aSex-Oriented Business Permit and comply with all of the other provisions of Chapter 18.$9 relating to Sex-Oriented Businesses, except the Location and Signage Requirements. The letter states that the Business may not,be (i) increased, enlarged, extended or expanded in size, area or seating, or (ii) changed, converted or altered from. one type or category of Sex-Oriented Business to a different type or category of Sex-Oriented Business, as defined in Section 1$.89.020 of the A,M.C., from the use as it was .lawfully existing on July 20, 1993, without complying with the Location Requirements (A.M.C. subsection 18.89.090 120). The letter further states that aignage for the Business may not be increased, enlarged, extended, expanded, relocated, reconstructed, or in any way altered or changed (except for name changes)'; from the signage as it was lawfully existing on July 20, 1993 without compliance with the Signage requirements. (City letter dated November 16, 1994, labeled Exhibit No. 1.) za-sob2r.wp page 1 of 4 ZA 96-21 2. On October 31, 1995, an application for asex-oriented business at 518 South Brookhurst.Street, Anaheim, including a Letter of Justification, was submitted by Kyung Ok Lim doing business as Fantasy Video-N-More. The business activity was described as retail sales of adult-oriented videos, magazines, periodicals, novelties, apparel and sundries. (Sex-Oriented Business Application for Fantasy Video-N-More, labeled Exhibit No. 2, and Letter of Justification, labeled Exhibit No. 3.) 3. On March 29, 1996, the application was determined to be complete by the Treasury Manager, Ciry of Anaheim Business License Division. (August 8, 1996 Staff Report to the Hearing Officer, pazagraph [8], labeled Exhibit. No. 4.) 4. On May 9, July 11 and August 8, 1996, a public hearing was conducted on the subject application as required by A.M.C. subsection 18.89.030.040.0402. 5. The sex-oriented business, Fantasy Video-N-More, which legally existed on July 20, 1993, at 518 South Brookhurst Street is legally nonconforming because the location does not comply with A.M.C. pazagraphs 18.89.030.050.0502 through 18.89.030.050.0504 in that: a. It is within 400 feet of residential zoning and use because RS-7200 "Residential, Single-Family" zoning and single-family dwellings aze located less than 275 feet to the east and RS-A-43,000. "Residential, Single-Family, Agricultural" zoning is located approximately 260 feet to the west and 350 feet to the northwest. (City location map, labeled Exhibit No. 5.) b. It is within 1,000 feetof a religious institution because achurch/school is located approximately 260 feet to the west.. (August 8, 1996 Staff Report to the Hearing Officer, paragraph [28][b], labeled Exhibit. No. 4, and City location map, labeled Exhibit No. 5.) c. ' It is located within azeas prohibited by A.M.C. pazagraph 18.89.030.050.0504 in that it is south of La Palma Avenue and east of Gilbert Street (A.M.C. 18.89.030.050.0504.01) and it is within 100 feet of the right-of-way of a street (Brookhurst Street). designated as an arterial highway ("major highway") on the Circulation Element of the Anaheim General- Plan (A.M.C. 18.89.030.050.0504.03). (August 8,;1996 Staff Report to the Heazing Officer, pazagraphs [28][d] and [28][e], labeled Exhibit No. 4.) 6. The existing Signage for Fantasy Video-N-More, consisting of two tenant panels on afree-standing pole sign :(each panel-measuring 12 inches by six feet) advertising "Fantasy Video-N-More" and located adjacent to Brookhurst Street, two wall signs (each measuring 19 inches by 10 feet) on the north-facing wall of the building premises each advertising "Fantasy Video-N-More," and one wall sign (measuring 19 inches by 10 feet) on the west-facing wall of the building premises advertising "Fantasy Video-N-More" {City Memorandum with 11 attached photographs, labeled Exhibit No. 7, and Plot Plan, labeled Exhibit No. 8), legally existed on July 20, 1993 and is legally nonconforming because said Signage is located within an azea prohibited by A.M.C, subparagraphs 18.89.030.050.0510.07(iii) and 18.89.030.050;0510.07(iv) in that: a. Said Signage is located within 100 feet of a street (Brookhurst Street). designated as an arterial highway ("major highway") on the. Circulation Element of the Anaheim General Plan. b. Said Signage is located and oriented in a manner whereby the sign copy is visible to any person traveling in a vehicle upon a -street (Brookhurst Street) designated as an arterial highway. ("major.. highway") on the Circulation Element of the Anaheim General Plan. (August 8, 1996 Staff Report to the Hearing Officer, paragraph [11], labeled Exhibit No. 4.) za-sob2r.wp page 2 of 4 ZA 96-21 7. The Applicant indicates it will comply with the provisions of A.M.C. Paragraphs 18.89.030.050.0508 and 18.89.030.050.0509. (Letter of Justification, labeled Exhibit No. 3.) 8. The Applicant indicates the provisions of A.M.C. Subparagraphs 18.89.030.050.0510.01 through 18.89.030.050.0510..06 do not apply because there is no arcade or live entertainment on the premises and that the Business does not allow customers to remain on.the premises while viewing any filmed or recorded entertainment, or while using or consuming the products supplied on the premises. (Letter of Justification, labeled Exhibit No. 3.) 9. The Applicant indicates it intends to retain the existing nonconforming signage that existed on the property. prior to July 20, 1993. (Applicant letter dated July 30, 1996, labeled Exhibit No. 6, and City Memorandum with 11 attached photographs, labeled Exhibit No. 7.) 10. The Applicant indicates it intends to comply with the requirements of A.M.C. paragraphs 18.89.030.050.0511 through 18.89.030.050.0515. (Letter of Justification, labeled Exhibit No. 3.) 11. The Applicant .indicates the provisions of A.M.C. paragraph 18.89.030.050.0516 do not apply because the Business deals exclusively with sale or rental of merchandise which is not used or consumed on the premises and does not provide -rest room facilities to its patrons or the general public.. (Letter of Justification, labeled Exhibit No. 3.) 12. The Applicant indicates. it intends to comply with the requirements of A.M.C. paragraph 18.89.030:050.0517.. (Letter of Justification, labeled Exhibit No. 3.) 13. The Applicant indicates theprovisions of A.M.C. paragraphs 18.89.030.050.0518 to 18.89.030.050.0521 do not apply becausethere are no individual viewing areas, arcades or live entertainment provided.. (Letter of Justification, labeled Exhibit No. 3.) 14. Applicant, through itsattorney,: indicated it would accept the recommended conditions contained in the August 8, -1996 Staff Report to the Hearing Officer (Exhibit No. 4, pages 8 through 10), with the exception of Condition No. 8. 15. Fantasy Video-N-More, dealing in the sale and/or rental of Sex-Oriented Merchandise, at 518 South Brookhurst Street was lawfully existing on July 20, 1993. 16. As .conditioned herein, the retail sales and rental of Sex-Oriented Merchandise will not exceed 45 % of the value of the stock-in-trade (Applicant letter dated March 24, 198$, Labeled Exhibit No. 10), Code Enforcement inspections will be required, .and the business will be subject to inventory audit during .reasonable business hours by City staff. 17. As conditioned herein, he retail sales and rental area(s) for Sex-Oriented Merchandise will be limited to the. area(s) designated on Exhibit No. 9 (Floor. Plan of Fantasy Video-N-More}. 18. As conditioned herein, the Signage will be limited to the locations designated on Exhibit No. 8 (Plot Plan of Fantasy Video-N-More) and described and shown on Exhibit No. 7 (City Memorandum dated August 5 1996 with l 1 attached photographs dated July 17, Maya 6 and April 25, 1996 and March 14, 1988). 19. The Business will meet the requirements. of Chapter 18.89 with the exception of location and signage, as conditioned herein. za-sob2r.wp page 3 of 4 ZA 96-21 DECISION Based on the above Findings, this Hearing Officer determines that the application of Kyung Ok Lim, Cave, Inc., doing business as Fantasy Video-N-More, for aSex-Oriented Business permit to continue operating as a legal nonconforming Sex-Oriented Business (retail sales of videos, magazines, novelties, apparel and sundries, including sex-oriented merchandise) at 518 South Brookhurst Street in the City of Anaheim, meets the applicable requirements of A.M.C. Chapter 18.89 and hereby approves such application subject to the following conditions: Conditions Nos. 1 through 7 and Nos. 9 through 19 as set forth in the August 8, 1996 Staff Report to the Hearing Officer, pages 8 through 10 (Exhibit No. 4), which are incorporated herein by reference. Condition No. 8 is revised as set forth below and Condition No. 20 is added. S. That the size of the subject premises shall not exceed two thousand one hundred sixty (2,160) square feet in area and the value of the stock-in-trade related to Sex-Oriented Merchandise shall not exceed forty five percent (45%) of the total stock-in-trade during any three (3) month period. Further, the floor azea devoted to display of Sex-Oriented Merchandise shall not exceed forty five percent (45 ~) of the floor area available to the :public and the floor azea devoted to display of Non-Sex-Oriented Merchandise shall be not less than fifty five percent (55%). The display area available to the public shall not include storage azeas, rest rooms or the manager's station but shall include the area of the display cases, as shown on Exhibit No. 9 (Floor Plan). The business owner may rearrange said display azeas within the floor area available to the public but in no instance shall the "adult" area(s) be enlazged or the"'non-adult" area reduced. If the business owner .plans to rearrange the location of the "adult" and "non-adult" areas, a revised Floor Plan shall first be submitted to the Planning Department for review and approval by staff, and a copy placed in the Sex-Oriented Business Permit No. 2 file. The business owner shall maintain .records of all inventory on a quarterly basis indicating the value of all Sex-Oriented Merchandise and the value of all general merchandise items. These records shall be subject to audit during reasonable business hours by City staff. 20, The. existing Signage, shown on the eleven {11) photographs included in Exhibit No. 7 and on Exhibit No. 8 (Plot Plan), shall be retained, or may be decreased in size and/or number; provided, however, .that the Business name may be changed and/or minor changes to color and/or design may be made if a sign'plan is first submitted to the Planning Department for review and approval by staff, and a copy placed in the Sex-Oriented Business Permit File No. 2 file. This decision is made, signed, and entered into the file this 16th day of August, 1996. ~~-'~~• nm a M. an ti, Heazing Officer za-sob2r.wp page 4 of 4 ZA 96-21 l'I'll' t )1~ :\N:11II•:111, l'AL1Pt>h~I:\ I{uxinc•s. I.irt~nsr [)ivisiun (711) '_'~i•1-SISbI Pax G7] !) '?:5~1-Vii?:;" November 16, 1994 TO: JU-TSUNG LEE 8923 LINDANTE DR. WHITTIER, CA 90603 BROOK, INC. 16654 BUSHARD FOUNTAIN VALLEY., CA. 92708 BROOK, INC. C/O FANTASY VIDEO 518 S. BROOKHURST ST. ANAHEIM, CA 92806 ("Property Owner") ("Business Owner") ("Business Licensee") FROM: LICENSE COLLECTOR CITY OF~ANAHEIM SUBJECT: FANTASY VIDEO ("The Business") 518 S. BROOKHURST ST. ANAHEIM, CA. 92806 ("The Premises") The above-referenced business being conducted on the above-referenced Premises is `nonconforming to the requirements of Chapter 18.89_of the Anaheim Municipal Code as adopted by City of Anaheim Ordinance No. 5399, effective November 5, 1993 (the "Sex- Oriented Business Ordinance"). . The City Council of the City of Anaheim has adopted Ordinance No. 5452 amending-,the Sex-.Oriented Business Ordinance. Ordinance No. 5452, in part, exempts any Sex-Oriented Business which either,(i) was lawfully existing on-July 20, 1993, and has continued to lawfully exist at the ,same location since such date, or (ii) heretofore obtained a'Sex-Oriented Business Permit-and has continued to comply with'all the terms and conditions of that Permit, (a "legal nonconforming use") from the Location Requirements and Signage Requirements in Chapter 18.89. of the Anaheim Municipal Code,. as said terms are defined in Ordinance No. 5452. Any such legal, nonconforming use shall not be required to be discontinued or relocated because of the Location or Signage Requirements. Any change in the location or~signage of November 16, 199- ... Page 2. the business must comply with the Location and/or Signage Requirements. Copies of Ordinance No. 5452 is enclosed foryourreference. (The Location Requirements are set forth, in paragraphs .0501 through".0506, inclusive, of subsection .050 of Section 18.89.030 of the Anaheim Municipal Code. The Signage °Requirements are set forth in paragraph .07 of paragraph .0510 of subsection .050 of Section"18.89.030 of the. Anaheim Municipal Code.) The above-referenced Business must obtain a Sex- " Oriented Business Permit and comply with all of the other provisions of Chapter 18.89 relating to Sex-Oriented Businesses, except the Location and Signage Requirements, not later than November 5, 1995 (the "Amortization Period"). The Property Owner, Business Owner or Business Licensee may file an application for an extension of the Amortization Period provided such application must be filed, in writing, with the City License Collector not. later than May 1, 1995. The process for requesting'an extension of the Amortization Period, including the grounds for approval thereof, is set forth in Section 18.89.090 of the Sex-Oriented Business Ordinance. The Amortization Period specified above shall be final and conclusive in the absence of a timely filed extension application. The above-referenced business may not be (i) increased, enlarged, extended or expanded in size,-area or seating, or (ii) changed, converted or .altered from one type or category of Sex- Oriented Business to a different type or category of Sex-Oriented Business, as defined in Section 18:89.020 of the Code, from the use as it was lawfully existing on July 20, 1993, or as it was heretofore approved pursuant to a Sex-Oriented-Business Permit, without complying with the Location Requirements. (A.M.C. subsection 18.89.090.120.) Signage for the above referenced business may not be increased, enlarged, extended, expanded, relocated,... reconstructed, or in any way altered or changed (except for name changes) from the signage as it was lawfully existing on July 20, 1993, or otherwise approved pursuant to a Sex-Oriented Business Permit heretofore issued by the License Collector, without compliance with the Signage Requirements. Nothing contained in this letter shall be deemed to authorize or permit the continued operation of any use or activity on the Premises which use or activity violates any November 16, 1994 Page 3. provision of the Sex-Oriented Business Ordinance and which use or activity is not a legal nonconforming use as herein defined. Furthermore, nothing contained herein shall be deemed to authorize or permit any increase, enlargement, extension or alteration of -any legal nonconforming use during the Amortization Period which use as increased, enlarged, extended or altered would violate any provision of the Sex-Oriented Business Ordinance. Finally, nothing contained herein shall be deemed to exempt any legal nonconforming use from complying with the requirements of any law (other than from complying with the otherwise .applicable requirements contained in the Sex-Oriented Business Ordinance during the Amortization Period). If you have any questions or would like information concerning this Notice, please contact Selma J. Mann, Deputy City Attorney, by telephone 5169, or in person or by mail at 200 South Anaheim Anaheim, California 92805. DATED: November 16, 1995 Attachment further at (714) 254- Boulevard, CHARLEN U LICENSE COLLECTOR CITY OF ANAHEIM I hereby certify that this Notice is being deposited with the U.S. Postal Service, Certified-Mail-Return Receipt Requested, in separate envelopes addressed to the Property Owner, .Business Owne ^and Bu iness Licensee as shown above ;:No e e 16, 1994, by /~ /` N t: ti. n c.' r ,.. v~ .: n .. 1 SEX-ORIEN'F&D Bi~SINESS ' APPLICATION FOR: SEX-ORIENTED $OOKSTORE 0 SEX-0RIENTFD MOTEL/HOTEL 0 SEX-ORIENTED CABARfiT /~ ~ r . ~9~ ~' ~~~D2~ ~L~_n ~. s `~ i'L~;a '~ ~ ~7 ,,. ti =:~~ ,( ~/ 0 SEX-ORIENTED MOTION PICTURE ARCADE 0 SEX•ORiflNTED RETAIL ESTABUSNMENT O SEX-0RIENTED MOTION PICTURE THEATER 0 SFX-0RIENTED THEATER 0 OTHER . (LIVE PERFORMANCES) ______~ I~BTSgATESB HAiF®~t~/~~'~©At NAME OF PROPOSED SEX-OR1EAiTED BUSINESS FANTASY VIDEO ' N MORE ADDRESS OP PROPOSED SEX-ORIENTED BUSINESS 5185. Brookhurst St. IS TiftS A NEW EUiLDiNG~ NO PHONE NUMBER 714/776-1189 WILL THERE BE UVE ENTERTAINMENT2 NO DESCRIPl`ION OF PROPOSED BUSINESS ACTIVITY RETAIL SALES OF VIDEO, MAGAZINES, NOVELTIES, APPAREL, SUNDRIES -`~'-- -- --- PROP05FD DAYS OF OPg~TIOp SEVEN DAYS PER WEEK PROPOSED HOURS OF OPERATIOrt 9 a . m . - 2 a . m . MAXIMUM NUMBER OF PATRONS MAXIMUM L::MEER OF EMPLOYEES (INCLUDING wLL ENTERTAINERS, SECURITY OFFICERS. BARTENDERS, ETC.) WILL YOU BE` CHI-RGING ADMISSION? NO N/A IF YES. HOW MUCHT 1tHCVD __~(L=.~1~~ _- sY 1~C~ ~, .i•~~~~1~T~.2 - ~~lY~~_..--.~L2hGrS. PBlM1Ti X70? [ TO: PL~-NNIPIG/ZONING DATE ~-_w~ ----------- sY-------~~~..M~~.. POLICE nlTAItTMEIH'i' DATE --------_-_~~_ ---- SY----------..~-_..~~-- CODE IIVpORCLrMENT DATE --------------------- ~-- F~ r ~~~ ~ ~f i '~ ~ ~ ~ ~ ~ . (7;'~ \' APPLICATIC~~•i FOR SEX-ORIENTED BUSINES„ 'DRESS OF PROPERTY X ASSESSORS PARCEL NUMBER 1NER OF THE PROPERTY DRESS OF PROPERTY OWNER ONB NO. OF PROPERTY OWNER ,ME, ADDRESS & PHONE NO. AGENT (IF APPLICABLE) -.ME, .ADDRESS & PHONE NO. LESSOR (IF APPLICABLE) HRTIF®I~Ib![A~H®F3 ~97v,~L~-1 C .4 9 z dro ~ /~ .s' ~~ z/1~-- ~'l~/~~l/~' ~c c-- DECLARE UNDER PENALTY OF ..PERJURY THAT THE ABOVE PROPERTY OWNER INFORMATION IS TRUE AND ~RRECT TO THE BEST OF MY 'INFORMATION AND BELIEF. .TUBE OF (CHECK ONE): RECORD OWNER OF .PROPERTY (Attach copy of deed of,current title report) AUTHORIZED .AGENT OF RECORD OWNER OF PROPERTY (Attach proof of authorization) IF PREMISES ARE SUBLEASED, SUBLESSOR OF THE PREMISES. (Attach copy of prime lease from owner) NATURE, TITLE. DATE C/~~1~/ C :NT NAME AND TTI'LE / /~' OFFICE USE ONLY 1/II:tiVID BY:* DATE _ANNING/ZONING ______~__ SLICE DEPARTMENT ------------------------------- --------------- ODE ENFORCEMENT ______-_ '- DEPARTMENT ________ ?i~ASE SUBMri' DOCUMENTATION AND/OR RECOMMENDATIONS ffTHERE LS ANY REASON RELATING TO THE DENIAL OF 3LS APPLICATION I~IR®]~lE]E3T~C ®1Y~~1~ BV~IINB88 OI~II+I8~8HIP INFO~NAR'IIORT 11S THE BUSINESS A CORPORATION, PARTNERSHIP, OR SOLE PROPRiETORt C0~_, IF BUSINESS 1S A CORPORATION OR PARTNERSHIP STATE THE EXACT NAME OF THE .CORPORATION OR .PARTNERSHIP CAVE, INC. FULL LEGAL NAME OF ALL PROPRIETOR(S), pFFICERS, GENERAL PARTNERSHIP, - AND .CONTROLLING SHAREHOLDER SEUNG CHUM LIM, PRESIDENT & SHAREHOLDER KYUNG OK LIM, SECRETARY/TREASURER & SHAREHOLDER PERSONAL INFORMATION: (SUBMIT A SEPARATE SHEET FOR EACH PROPRIETOR, OFFICER. GENERAL PARTNER OR CONTROLLING SHAREHOLDER) LIM __ KYUNG 0. LAST 30YB FIRST ~'- HOME ADDRESS / _ ~ `er, f~~ -° .°~r:"~-~' ~f1~'/,~~.~-1 f1l~K~ ~/~ ~~y~ f ~_~ • ~ „a ~~~- QAYTIMETELEPHONE IJ[tM~ 818 /~6~6-a-2~-7---- ~'j Y!' ' `:' ~ ,, f DATE OP BIRTH DRIVERS LICENSE NO. N9249239 SOCL-I, SECURITY NO. 555-53-6423 --- - - -_____ PLEASE LIST OTHER NAMES USED NONE ~~, !ltlVIOVS ADDRESS U1ST FlVS (S) YBA~; NONE- ----___-~.------------- --- -------- FROM --~W?O_------ --..~~-~~~~.~ - ---- ----~_ ~ FROM TO-----..- ---____ --_ ~ F1tOM ~.._TO PREVIOUS BMPLOYEII LAST FIVE {S) YEARS: SELF ~M~ ------..-~~-.. PROM -- TO -..-«...~~- - ~~ FROM `-------------------- - ro__-__..._ ------_....~_______~ __ ~ _ FROM _ ~_ro~ HAVE YOU 8V61t OWNED,-OPfiRATPD OR .MANAGED ANY SEX-0RIENTED BUSIIdSSS7 YES III YSS, WIiBN AND WbgR~~SEE EXHIBIT '~A"M- ~_y`--- THH FOLLOWING MUST BE 1NlTt/1LED BY THE OWNQi•. ChocWUt reiatta e!m and mewed a roPY of Chapter ia.89 of tae Anaheim Munfcipat Code and the 6ttormstlon j ~ t; Sex-Otienhd Businesses. I have subRSttoed a site plan with chts appltation destattatlaj the buUdlttS and/or unit . ~~t ~~ Sac'CMCnced 8nslness, and a dlnfensional tnteriot boor plan ietsa Aow the by ~~~ f~ ~! ~~ applicable ro4uireraencs of Chapter 1 d.89 of the Anaahelm Munid~pal c ce. ~n~ ww com~- --- I ha+-e subatltoed a letter of lustlficatiott w!N Nis apptkatlon. desctiblrtj the proposed busftzest anti Section 18. 9.03 0 Q the bustness wilt satisfy the applicable requireasents of Anahefta Munitlpal Code Business sf ~aad ~' or have had a survey ~, of the neithborhood surrouadlnQ the te, have t+twietived Ne zoatn8 for the proposed site, and confirta that the ProP~d ~~~~ zonfna and location t+equtrea~estts In su Proposed siu Caeca tbt Cow btaarxtmpas 18.89.1)SOASOl throuals .OSOS of the Anaheatn Muatcipal ! am familiar with and understand the CKiented Baseness, includia= the foilowine: eons of Chapter 18.89 applicable m the Proposed S!z It is a atladetneanor for any person under eishteen or any obviously incoxlcated person eo enter or retnaln oa the Gremises of a Sex-oet~acee s.,s;a~s :c nay woe. ~ xan aivtn= Horace of this Iu+ovisioQ must be pzotntalntlY hosted. at each entranee to the business it is a m-sdemeaaor fur nay person bruin for operation of a Smc-Oricttted 8wlasss co allow a a mDonsibWty ender or rerratfn oa the premises Of the business person under eiahteea or any obviously inooxicaoed penoet to A Sex-0rfeated Business p'ersnlt ~ valid for a period of one year from the date of permit appt+oval, and shall be renewed on a yesrtoyear bases; provided .that the Sex-Oriented Basiaess u operated is compltaace with all .applicable provistoas of Chaptrr 13.x9 of .the Aaahtim Muatdpal t;ode.- No ~c-Oriented 6utlness Persaft auy be sold, transferred, or asstteted by tat, as the Pertdc Holder, or by operation of law, ~d ~,y, such ~ oraasfer. or assitnsrxat will be deemed to constitute a votuatary `- . surrender of the Plrttttr. anti th! PQlttfit wits be auA anti void. A°Y chortle la the nature oc composicton of the Src4rieaoed Business from one type of Sex- Oriented Business use to another type of 5ec-0r[ented Business use will:ender dte Permit nvU and void. A Sex-Crieated` Business Permit b valid oatY ~ the exact location spedfied to the Permit. The Sex-0rleated Bustaess Owtlec crust allow ofticea of the City of Anah!!m sad theft authorised repr+eseutatlws do eoAdua unscheduled' inspections of the ptemLses of tae Sac-Oriented eussatss fa the Putp'o~' °f easutittl compliance wirb the !aw at anytime the sex.Orieatsd lfustaess fs open foc bosiness or !s omspfed. (A.M.C., st:bsection 13.39.030,010) I VND!>eSTAND THAT P>ZOVIDtNG INC01rRFCT. FAISfi OS MISIIADMG INFORMATION 6'. GAOUAtD~s FOA DENIAL OP THIS .APPLICATION AND itIsYOCATION OF TAfi SEX-0AItN'I'IiD 1lII1S1NESS IfERMIT. I UNDE>C4TAND TRAT T8E OPBRATtON 0A TAE APOREMZ'MiONBD BUSINESS MUST COMPLY wR'H TI3fi -IIOVISHONS OF CHAPTER 1/s9 OF T$>C ANAHEIM MUNICIPAL CODE. DBCLAIt>r tJNDEIt FBNALTY OP P~I1tY THAT I AM THE OWNli1t• OF TIIfi SfiX-0itIENTfiD gvS~~. THAT THB AYOVB INAORMATtON, INCWDING TAl< $vFOItMATION PROVIDED IIJ TAE SITE TLAN AND TAE LI'sTT11>t OF 1USTIPICATION. 1S TRUB AN CO TO THE ta6ST Oij 1-!Y ICNOWLFDGE, 1N1~OEMATION AND BF,LIF.1: 1 ~~~//~~ ~~~~ :,G ~1 a, v M.L.Y...:S~.(2.. l1GNAT AN TRf.f D AT II NAME AND TITLB ~' 1eTke "Owner" (i) it the sole proprietor o[ the Sex-0riented Easiness: or (!!) any Beaeral partner of a pt~ruiershlp which owns and operates the Sex-Orieaded Business; or (iii) the owner of a controllln a corporation which owns .and opersrtes the Sex-prienoed Baseness; or (iv) the a ttiuresnn ot: corporatiot: to be the permit. hot Ix>3on destErtated by the ofncers der for.. the Seat-Oriented Eustaess owned and operi0ed by the CorporatlOp. 1 8B8IBIT nAn BIISINE88 OWNSR88IP INFORMATION Business Name & Address Dates of Operation Cinema 19 1984 - Present 1224. 19th St. Bakersfield, CA Valli Theater 1982 - Present 6749 Lankershim Blvd. N. Hollywood, CA Sherman Way Bookstore 1991 - Present 11841. Sherman Way N. Hollywood, CA Cave Theater 1984 - Present 6315 Hollywood Blvd. Hollywood, CA Tiki Theater 1978 - Present 5462 Santa Monica Blvd. Hollywood, CA Pacific World 1987 - Present 1529 W. Pacific Coast Hwy. Long Beach, CA Atlantic World 1987 -July 1995 5525 Atlantic Ave. Long Beach, CA T&C World. 1987 - Present 6037 Atlantic Ave. Long- Beach, CA Garden of Eden Bookstore July 1995 -Present 12061 Garden Grove Blvd. Garden Grove, CA Fantasy Video & More July 1995 - Present 518 S. Brookhurst Ave. Anaheim, CA *** tc:\wp51\lim\app-fvl.exA] - 1 - [rev. 10/30/95 LETTER OF JIISTIFICATION Re: Fantasy Video & More, 518 8. Brookhurst, Anaheim, California 1. The subject business was established prior to July 20, 1993 and has operated continuously to the present time. 2. The business consists of the retail sales of adult-oriented videos, magazines, periodicals, novelties, apparel, and sundries. 3. THERE IS NO ARCADE OR LIVE ENTERTAINMENT-AND, ACCORDINGLY, CIISTOMERS ARE NOT PERMITTED. TO REMAIN ON THE PREMISES WHILE VIEWING ANY LIVE, FILMED OR RECORDED ENTERTAINMENT, OR WHILE IISING OR CONSIIMING THE PRODIICTS OR SERVICES SIIPPLIED ON THE PREMISES. 4. Since the business lawfully existed on July 20, 1993, it is exempt from the locational requirements set forth in paragraphs .0501 through .0506, inclusive, of subsection .050 of Section 18.89.030, and from the signage requirements set forth in subparagraph .07 of paragraph .0510 of subsection .050 of Section 18.89.030. See, Section 18.89.120. 5. The business is not located is whole or in part within any .portable structure.. (.0507). 6. The business will not conduct or sponsor any special events, promotions, festivals, concerts, or similar activities. which would increase the demand for. parking spaces beyond the approved number of spaces for the business. (.0508). 7. The business will not conduct any massage, acupuncture,. figure modeling, tatooing, acupressure or escort services and will not allow such activities on the premises. (.0509) . 8. Since the business does not allow customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or services supplied on the premises, the provisions of subsection .0510.01 through .07, inclusive, do not apply. 9. All indoor areas of the business within which patrons are permitted, except restrooms, are open to view at all times. (.0511). l0. Except as specifically provided in .chapter 18.89, the business does comply with the zoning, parking, development and design standards applicable to the zone in which the business is located. (.0512). [c:\wp51\lim\ltr-just.fvU - 1- [10/27/95; rev. l Letter of Justification 11. No sex-oriented material or merchandise is displayed in such :manner as to be visible from. any location other than within the premises of the business. (.0513). 12. No person under the age of 18 years is permitted within the premises at any time. (.0514). 13. The business does not operate and is not open between the hours of 2 a.m. and 9 a.m. (.0515). 14. The restroom facilities provision of subsection .0516 do not apply because the business deals exclusively with sale or rental of merchandise which is not used or consumed on the premises and does not provide restroom facilities to its patrons or the general public. 15. All areas of the business accessible to patrons are illuminated at least to the extent of 20-foot candle, minimally maintained and evenly distributed at ground level. (.0517). 16. Subsections .0518, .0519, .0520 and .0521 do not apply as there are no .individual viewing areas, arcade or live entertainment.'provided. *** [e:\wp51\lim\ltr just.fvU -2 - [10/27/95; rev. 7 Staff Report to the Hearing Officer August 8, 1996 Item No. 1 1a. EXEMPT FROM CEQA (PUBLIC RESOURCES CODE 21080(b)(1): CEQA GUIDELINES. 15268) 1 b. SEX-ORIENTED BUSINESS PERMIT NO. 2 SITE LOCATION-AND DESCRIPTION: (1) Subject property is arectangularly-shaped parcel consisting of approximately 1.3 acres, having a frontage of approximately 210 feet on the east side of Brookhurst Street, having a maximum depth of approximately 275 feet and being located approximately 180 feet north of the centerline of Orange Avenue, and further described as 518 South Brookhurst Street (Fantasy Video-N-More). REQUEST: (2) Petitioner requests to retain an existing non-conforming Sex-Oriented Business consisting of the retail sales of adult-oriented videos, magazines, periodicals, novelties, apparel and sundries under authority of Code Section No.18.89.030.040. BACKGROUND: (3) The subject petition has been continued from the Hearing Officer meetings of May 9, and July 11, 1996 at the request of Mr. Albert Sanchez, legal counsel for the business owner. Mr. Sanchez requested continuances for. his client to comply with the legal non- conforming status regarding stock-in-trade of Sex-Oriented Merchandise [not to exceed 45% of the value of the inventory] and to provide additional information regarding signage for the business. (4) The attached memorandum, dated-August 5, 1996, from the Code Enforcement Division, identifies the status of the stock-in-trade observed during recent inspections conducted by staff and is made a part of and incorporated into this report by reference. (5) A letter, dated July 30, 1996 (copy attached), from Mr. Sanchez, indicates no change to the existing signage is proposed.- Existing signage. is described in detail in paragraph (14) below. (6) Subject property is currently developed with an approximate 18,157-square foot commercial retail center, and is zoned CL (Commercial, Limited). (7) Adjoining land uses and zoning are as follows: Note: Bold print throughout this staff report indicates changes to the report since the last staff report dated July 11, 1996. sr6276cf.wp Page 1 Staff Report to the Hearing Officer August 8, 1996 Item No. 1 (8) The .submitted application for a-Sex-Oriented Business was deemed complete on March 29, 1996. As prescribed by Code, the Zoning Administrator has been appointed to be the Hearing Officer for processing of this application for aSex-Oriented Business Permit in accordance with paragraphs .0402 through .0405 inclusive of subsection 18.89.030.040 [Processing of Application] of the Anaheim Municipal Code. (9) Subsection 18.89.030.040.0402 states, in part, that a public hearing shall be held within fifty (50) calendar days following the date said application was deemed complete unless the owner or the owner's authorized representative, expressly agrees to an extension of such period of time. Subsection 18.89.030.040.0403 states that within ten (10) calendar days following the completion of the public hearing specified in paragraph .0402, the Hearing Officer shall approve such application if it is determined that the requirements of Chapter 18.89 have been met; otherwise the application shall be denied. The Code authorizes the Hearing Officer to impose conditions upon such approval as are reasonably necessary to assure compliance with the requirements of Chapter 18.89 [Sex Oriented Businesses] and further states that the decision of the Hearing Officer shall be deemed final notwithstanding-any other provision of the Code to the contrary. Subsection 18.89.030.040.0404 states that immediately upon receipt of a decision by the Hearing Officer approving or conditionally approving -such. application, the License Collector shall issue the Sex-Oriented Business Permit to the owner. Such permit shall be subject to any conditions of approval imposed by the Hearing Officer. Subsection 18.89.030.040.0405 states that the public:hearing by-the Hearing Officer shall be required for the initial permit approval but shall not be required for any permit renewal pursuant o Section 18.89.060 [Permit Renewal] of the Anaheim Municipal Code. DEVELOPMENT .PROPOSAL: (10) Petitioner. has submitted a letter of justification, dated October 27, :1995, proposing to retain an existing non-conforming Sex-Oriented Business consisting of the`retail sales of adult- oriented videos, magazines, periodicals, novelties, apparel and sundries. The submitted application indicates the Sex-Oriented Business will be open 7 days per week from 9 a.m. to 2 a.m. in conformance with Code.. The application specifies a maximum of ten (10) patrons, with a maximum of three (3) employees, and further. indicates there will be no live entertainment, arcades, filmed. or recorded entertainment to be viewed on the premises. (11) The subject Sex-Oriented Business is located immediately adjacent to and visible from Brookhurst Street. The business is separated .from the Brookhurst Street right-of-way by a ten (10) foot wide landscaped setback. (12) The submitted plans indicate the existing business is approximately2,160 square feet in area and is located within a commercial retail center.. The submitted floor plan indicates a non- partitioned open sales area with two separate storage areas and two restrooms. The submitted plan indicates the location of various merchandise racks, display racks, apparel racks, packaged goods racks, card racks, tape racks, display cases and shelves for packaged video display throughout the entire store. Page 2 Staff Report to the Hearing Officer August 8, 1996 Item No. 1 (13) Vehicular access is provided via two driveways (29 and 30-foot wide) from Brookhurst Street. Submitted plans indicate 99 parking spaces are existing on-site for the commercial retail center. Code requires 96 spaces based on the following: ;:>Busin~ss:name:<::»:::::>:><::::>: <:::: ::[Business°'.size.:::>:::>:>° :::Re u..ed..arkln ...~tv... ::: ~i::::::::: ~P.:::::::: ~ ::::::::::::: .... acQS............ :::::::: :~:::::::: ~::: .;:.;:::::::.;;:.;;:::;:.::.;::.;::.:.;:.:;:.;:.;:.:.:.;:.;:.;;:.;>:.;: .;:.;: ::>::: :.;:. tiara::.feet:::::>::::>::::>::: ::>::I~ ::::::::::::::::.~.::::::::::. . ::::: ei'::1:°ii00-e of et....: ::.p:::::::,.:::::::::.a:::::::::::::::::::::: . . ::ao alter!:>::>:::::> :::::::~:::::::::::::::::::: 4 ...................:.................. ............................. Vacant store 2,160 5.5/1000 11.8 AFS Printing 2,160 5.5/1000 11.8 Simply. Splendid 2,016 5.5/1000 11.0 Bridal & Formal Vacant 1,561 5.5/1000 8.5 Edward's Jewelry 720 5.5/1000 3.9 Christei's Yarn Shop 720 5.5/1000 3.9 Key Shop 756 5.5/1000 4.1 Tendor Galleries 720 5.5/1000 3.9 English Rose H & R Block 1,008 4/1000 4.0 Dazzle Fashions 936 5.5/1000 5.1 J. T. t.ee Investments 1,080 4/1000 4.0 Gigi's Hair Salon 2,160 5.5/1000 11.8 Fantasy video 'N More 2,160 5.5/1000 11.8 :: ~:::.;:.;:;<:<::::; ::<::::::< ::::::::::::::::.~: :::: :.::::::::::::::.::::.::::~~.::5::::: :.:::::::.:.:~:::::::::::::::::::. ~::::::::.: .._::::::::::::::: X5.6;::: (14) A letter dated July 30, 1996 (copy attached) has been submitted by Mr. Albert Sanchez indicating no change is proposed to existing signage which is described below and is further documented by file photographs which have been copied and supplied to Mr. Sanchez. North Two wall signs. Dimensions of each sign: 19" high x 10' long with 8" high letters. Background color, dark green; white lettering, "FANTASY VIDEO-N- MORE' West, adjacent to One wall sign. Same dimensions and description Brookhurst Street as indicated immediately above. Page 3 Staff Report to the Hearing Officer August 8, 1996 Item No. 1 Freestanding sign Multi-tenant, double-faced freestanding sign. 25- adjacent to Brookhurst foot high, 6' to 10' wide overall; 2 adjoining panels, Street. on each side of the sign measuring 12" high x 6' wide overall; white background with red letters stating "FANTASY VIDEO-N-MORE". (Additional panels describe other commercial tenants of the subject property). ENVIRONMENTAL IMPACT ANALYSIS: (15) .The proposal to retain an existing non-conforming Sex-Oriented Business consisting of the retail sales of adult-oriented videos, magazines, periodicals, novelties, apparel and sundries at 518 South Brookhurst Street is exempt from CE~A, which is not applicable to ministerial projects (Public Resources Code Section 21080(b)(1); CEQA Guidelines Section 15268. This action is also for the continuation of an existing use. The Anaheim Municipal Code provision governing .Sex-Oriented Businesses provides for approval of such businesses subject to meeting the requirements of Chapter:18.89 of the Anaheim Municipal Code, including locational and site development standards. If these requirements are met, the application must be approved. If the requirements are not met the application must be denied. Therefore, the action taken is ministerial EVALUATION: (16) The Anaheim .General Plan designates subject property for General Commercial land uses. The subject property is located within the boundaries of-the Brookhurst Commercial Corridor Redevelopment Area which was adopted by ordinance on November 30, 1993. Redevelopment Commission review is not applicable to the subject non-conforming use. (17) Chapter 18.89 of the Anaheim Municipal Code governs Sex-Oriented Business permits and provides that they shall be processed in the same manner as a conditional use permit. Chapter 18.89 was adopted by the City Council by Ordinance 5399 on October 5, 1993, and became effective November 5, 1993. The City Council amended Chapter 18.89 on September 27, .1994, by its Ordinance 5452. The amendment changed the application review procedures and locational requirements for Sex-Oriented Businesses. This project has been processed and reviewed in accordance with the existing provisions of Chapter 18.89. (18) As adopted in 1993, Chapter 18.89 contained a provision that would have required legal nonconforming businesses to become conforming as to their location and signage, as well as all other regulated aspects of the business, by November 1, 1995. Other provisions allowed for extension of the amortization period incases of hardship. The City Council. later amended Chapter 18.89, adding subsection .120 to Section 18.89.090 to allow Sex-Oriented Businesses to retain their locations and signage indefinitely ff they conformed in all other respects to the requirements of Chapter 18.89. Page 4 Staff Report to the Hearing Officer August 8, 1996 Item No. 1 (19) Chapter 18.89, as amended by Ordinance 5452, in part, exempts any Sex-Oriented Business which either (i) was lawfully existing on July 20, 1993, and has continued to lawfully exist at the same location since such date, or (ii) heretofore obtained aSex-Oriented Business Permit and has continued to comply with all the terms and conditions of that Permit, (a "legal nonconforming use") from the Location Requirements and Signage Requirements in Chapter 18.89 of the Anaheim Municipal Code, as said terms are defined in Ordinance 5452. Any such legal nonconforming use shall not be required to be discontinued or relocated because of the location or signage requirements pursuant to 18.89.090.120 [Existing Nonconforming Uses) of the Anaheim Municipal Code. (20) Code subsection 18.89.090.120 states that no such legal nonconforming use as it lawfully existed on July 20, 1993 "shall be (i) increased, enlarged, extended or expanded in size, area or seating, or (ii) changed, converted or altered from one type or category of Sex-Oriented Business to a different type or category of Sex-Oriented Business, as such type and categories of businesses are defined in Section 18.89.020 [Definitions] of this- Chapter, without complying with said Location Requirements.. No signage of any such legal nonconforming use shall. be increased, enlarged, extended, expanded, relocated, reconstructed, or in any way altered or changed. (except for .name changes), without such changes complying with said Signage Requirements." (21) Prior to 1993,- Fantasy Video-N-More did not trigger the percentage of sexually oriented stock- in-trade requirement to be classified as an adult business within the definitions contained in previously- existing Chapter 18.89. (Chapter 18.89 as it existed prior to October 5, 1993, will be referred fo as the "previous Chapter 18.89.") The business did not meet the location requirements for an adult business under the; rep vious Chapter 18:89 regulating such uses .because (a) the business is located within 400 feet of residential zoning and, (b) the business is located within 1000 feet-of an existing church/school (a religious institution exists approximately 260 feet from this use.) The sale. of adult videos was determined to be closest to the definition for an "Adult.. Book Store". (22) Under the previous Chapter 18.89, an "Adult Book Store" was defined as "an establishment having as a substantial or significant portion of its stock in trade, books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" or an establishment with a segment or section devoted to the sale or display of such material". This definition was determined to be the applicable provision for an adult video store. (23) On March 18, 1988, Code Enforcement staff held a meeting with the business owner's attorney, Jeffrey J. Douglas, to determine if the proposed business was an adult entertainment business. Mr. Douglas stated. that Fantasy Video was devoting approximately 20°~ of the business to adult material only with the other 80% devoted to general material. Mr. Douglas further stated that the entire store was open to the general public and that no areas of the store were limited to "adults only." Page 5 Staff Report to the Hearing Officer August 8, 1996 Item No. 1 (24) Mr. Douglas followed up the March 18th meeting with a letter dated March 24, 1988, setting forth the limitation on sales of adult materials ("not to exceed 45% of the stock-in-trade"), and further that "Fantasy Video will be operating as a general interest gift and novelty store." Planning Department files contain a letter dated May 13, 1988, from Jeffrey J. Douglas, which states .that based .upon his interpretation of "substantial portion" as meaning fifty percent of the inventory, "It is eminently clear that Fantasy Video-N-More does not meet the definition of an "adult" bookstore." The business was inspected in December 1992, and was operating in conformance with the stipulated limitations in that 61.2°~ of the stock-in trade was non-adult- related materials and 38.8% of the stock-in-trade was adult oriented material. (25) On November 16, 1994, Fantasy Video was given notice provided to all businesses in the City which may have been legal non-conforming adult businesses. Even though it did not meet the thresholds to require a conditional use permit for an "Adult Book Store" under the previous Chapter 18.89, it met the threshold to require aSex-Oriented Business Permit under the revised Chapter 18.89 which includes the following definition: "Sex-Oriented Bookstore". Any establishment, which as a regular and substantial portion of its business, displays and/or distributes Sex-Oriented Merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, films, or other visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activity or Specified Anatomical Parts. See "Sex- Oriented Business" for definition of the term "regular and substantial portion of its business." "Sex-Oriented Business". .........As used in this chapter [18.89], the terms "regular and substantial course of conduct" and "regular and substantial: portion of its business" shall mean any Sex-Oriented Business where one or more of the following conditions exist: "(i) The area(s) devoted to the display of Sex-Oriented Merchandise and/or Sex- Oriented Material exceeds fifteen (15) percent of the total displayarea of the business;......." "(iii) At least. fifty. percent (50%) of the gross receipts of-the business are derived from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts." (26) At the July 11, 1996 Public Hearing, Staff had determined that the subject non-conforming use had increased its adult-oriented merchandise from 45% of the stock-in-trade to 98% of the stock-In-trade based on inspections of the subject business and, submitted plans. The attached memorandum from Code Enforcement, dated August 5, 1996 indicates the adult- oriented merchandise has been reduced to 35% of the total merchandise. Page 6 Staff Report to the Hearing Officer August 8, 1996 Item No. 1 (27) As noted above in paragraph 20, no legal nonconforming Sex-Oriented Business use shall be increased, enlarged, extended or expanded in size, area or seating without complying with location and signage requirements. Submitted plans indicate 98% of the sales floor area is currently devoted to sales of Sex-Oriented Merchandise. As indicated previously, a letter dated March 24, 1988, from Mr. Jeffrey J. Douglas indicated "...at no time will items depicting "sexual matters," as defined in A.M.C. Sections [previous] 18.89.020.020 and [previous] 18.89.020.030, exceed 45% of the stock-in-trade, complying with A.M.C. Section [previous] 18.89.020.010". (28) Although the existing non-conforming Sex-Oriented Business is exempt from locational requirements, a new Sex-Oriented Business would be prohibited on this property due to the following locational requirements: (a) 'The Sex-Oriented .Business shall be located outside the boundaries of any redevelopment. area established by ordinance of the City of Anaheim"; the subject Sex-Oriented Business is located within the boundaries of the Brookhurst Commercial Redevelopment Area. (Anaheim Municipal Code Section 18.89.030.050.0501) (b) 'The Sex-Oriented Business shall not be located within one thousand {1,000) feet of any lot upon .which there is located any religious institution' ;the subject Sex-Oriented Business: is located. approximately 265 feet east of a church located at 2219 West Orange Avenue. (Anaheim Municipal Code Section 18.89.030.0503) (c) 'The Sex-Oriented Business shall not be located within four hundred (400) feet of any residential zone or residential use"; the subject Sex-Oriented Business is located on property immediately adjacent to a residential zone (RS-7200) and single family dwellings to the east. (Anaheim Municipal Code Section 18.89.030.050.0502) (d) 'The Sex-Oriented Business shall not. be located south of La Palma Avenue ff located east of Gilbert Street'; the subject Sex-Oriented Business indocated south of La Palma Avenue and is east of Gilbert Street. (Anaheim Municipal Code Section 18.89.030.050.0504.01) (e) 'The Sex-Oriented Business shat) not be located within 100 feet of the right-of--way line of any freeway or street designated an arterial highway on the Circulation Element of the Anaheim General Plan"; the subject Sex-Oriented.Business is immediately adjacent to Brookhurst Street, a major highway, as designated on the Circulation Element of the Anaheim General Plana (Anaheim Municipal Code. Section 18.89.030.050.0504.03) . Page 7 Staff Report to the Hearing Officer August 8, 1996 Item No. 1 FINDINGS: (29) The Hearing Officer must approve the application if it is determined that the requirements of Chapter 18.89 (other than location and signage) have been met; otherwise the application must be denied. RECOMMENDATION: (30) Planning Department staff recommends, that unless additional or contrary testimony is received during the public hearing, that subject application for aSex-Oriented Business Permit be approved, (as required by Chapter 18.89), as conditioned, based on the following: (a) The establishment was lawfully existing on July 20, 1993, subject to a limitation on the sale of Sex-Oriented Merchandise. (b) As conditioned, the retail sales area for Sex-Oriented Merchandise would not exceed 45% of the value of the stock-in-trade, Code Enforcement inspections would be required, and the business would be subject xo inventory audit during reasonable .business hours by City staff. (c) The establishment is exempt from the location and signage requirements of Chapter 18.89. (d) As conditioned,. the business will meet the requirements of Chapter 18.89 with the exception of location and signage. THE FOLLOWING CONDITIONS ARE- SUBMITTED BY VARIOUS CITY DEPARTMENTS. ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE. RECOMMENDED FOR ADOPTION BY THE HEARING OFFICER IN THE`EVENT THAT SEX-ORIENTED.BUSINESS PERMIT NO. 2 IS APPROVED. 1. That the business shall not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the,demand for parking spaces beyond the approved number of spaces for the business.. (Anaheim Municipal Code Section 18.89.030.050.0508) 2. That the business shall not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and shall not allow such activities on the premises. (Anaheim Municipal Code Section 18.89.030.050.0509) 3. That all indoor areas of the business within-which patrons are permitted, except restrooms and storage .areas, shall be open to view at all times. (Anaheim Municipal Code Section 18.89.030.050.0511) Page 8 Staff Report to the Hearing Officer August 8, 1996 item No. 1 4. That the business shall comply with the zoning, parking, development and design standards applicable to the zone in which the business is located. (Anaheim Municipal Code Section 18.89.030.050.0512) 5. That no signage of the nonconforming Sex-Oriented Business shall be increased, enlarged, extended, expanded, relocated, reconstructed, or in any way altered or changed (except for name changes). (Anaheim Municipal Code Section 18.89.090.120) 6. That no Sex-Oriented Material or Sex-Oriented Merchandise shall be displayed in such manner as to be visible from any location other than within the premises occupied by the Sex-Oriented Business. (Anaheim Municipal Code Section 18.89.030.050.0513) 7. That no person under the age of eighteen (18) years shall be permitted within the premises at any .time. (Anaheim Municipal Code Section 18.89.030.050.0514) 8. That the size of the subject premises shall not exceed 2,160-square feet in area and the value of the stock-in-trade related to Sex-Oriented. Merchandise shall not exceed forty-five percent (45°,6) of the .total. stock-in-trade during any three (3) month period. Further, the floor area devoted to Sex-Oriented Merchandise shall not exceed 45°~ of the gross floor area and the floor area devoted to Non-Sex-Oriented Merchandise hail not be less than 55%. The business owner shall maintain records of all inventory on a quarterly basis indicating the value of ail Sex- Oriented Merchandise and the value- of all general merchandise items. These records shall be subject to-audit during reasonable business hours by City. staff. 9. That the business shall be operated at all times in compliance with the requirements of Section 7.16.060 of the Anaheim Municipal Code [Public Nudity Prohibited]. 10. That the Sex-Oriented Business shall not operate or be open between the hours of 2:00 a.m. and 9:00 a.m. (Anaheim Municipal Code Section 18.89.030.050.0515) 11. That there shall be no arcade or live entertainment and, accordingly, customers-shall not be permitted to remain. on the .premises to view any live, filmed or recorded entertainment, or use or consume the products or services supplied on the premises. 12. That restroom facilities shall not be provided to patrons of the Sex-Oriented Business or to the general public. (Anaheim Municipal Code Section 18.89.030.050.0516) 13. That all alterations, modifications, remodeling, repairs or other changes to the premises or the structure thereon shall be in strict conformity with the .provisions of Chapter 18.89 of the Anaheim Municipal Code, the conditions of this permit, and all building code, fire code and other applicable state and local code: requirements. 14. That the premises shall at all times be maintained, and the business shall at all times be conducted, in strict accordance with all requirements of Chapter 18.89 of the Anaheim Municipal Code applicable to Sex-Oriented Bookstores, which requirements are hereby made express conditions of this permit. 15. That the owner shall obtain a business license from the City of Anaheim for such business which license shall be maintained in full force and effect at all times this permit is in effect. (Anaheim Municipal Code Section 18.89.030.010) Page 9 Staff Report to the Hearing Officer August 8, 1996 Item No. 1 16. That the property owner shall pay the costs of Code Enforcement inspections once each month for the first three (3) months of the issuance of the Sex-Oriented Business Permit, and quarterly thereafter until one (1) year from the date of the issuance of the Sex-Oriented Business Permit and as often as necessary thereafter as deemed necessary by the City's Code Enforcement Division Manager. 17. That the express conditions hereinabove set forth, and the applicable requirements of Chapter 18.89 of the Anaheim Municipal Code shall supersede any statements, proposals or representations made by the owner in the application, the site plan, letter of justification, or any other documents submitted by the applicant to the contrary. 18. That the applicable requirements of subsection 18.89.030.050 shall be deemed conditions of permit approval, and failure to comply with each and ail of such requirements shall be grounds for (i) revocation of the Sex-Oriented Business Permit issued pursuant to this Chapter and (ii) criminal prosecution pursuant to Section 1.01.370 [Violation of-Code -Penalty]. of the Anaheim Municipal Code regardless of whether such business, person or entity has been issued aSex-Oriented ,Business Permit. 19. That violations of any of the express conditions hereinabove set forth, or violations of any applicable provisions of Chapter 18.89 [Sex-Oriented Businesses] of the Anaheim Municipal Code, as the same may not exist or hereinafter be amended, shall render the permit: subject to revocation as set forth in Section 18.89.080 [Enforcement and Revocation] of the Anaheim Municipal Code. Page 10 RhMM ~ - -°---=~ 000 ~ Rs-A-43 , CL 18 J b3 59-60-29 SHOP5 _ CL . 63-64-718(1) CUP 2487 ~ cuP 670 lpES~ SMALL COMM. SHOPS -- w CL CUP 2489 w - ~ 63-64-178(2)- CUP 2431 ' ~ q~e 63-64-1 t8 CUP 3269 CUP 2418 '~ N (Res. of Intent U CUP 3044 CUP 994 -- / to CL) SMALL COMMERCIAL SHOPS t 8- -1 5 59 5 4 CL CUP 573 V.3610 CUP 3044 63-64-718(5) REST. V-2296 CUP 3513 CUP 3269 AUTO REPAIR Anaheim 2 60` RS-A-43,000 CUP 3468 ---~~ T' - 18( 6 4) ~ `~ CHURCH SCHOOL v-3610 v-2296 I F- MARKET, .----CL- -- ( i ~ --- PARKING'--- 1 r~ 1 CD M ~ N s RESTAURANT . d 1 . . .n » CL t 56-57-2 F.. V-433 w CHIROPRACTOR w F- N N AM " ~~ p o I U tf~.- O ~' ~ _ .o » In N ~ N ~ u~ 1> .::.:::.: :::.:::::.: :: ';.`.275, , :..:::::::.::.- ..CL .... :<>:' .:::.; ^ 0 ~ N ~ _ 1 •-- N 6- - :: 5 57 2 ~i> ~ C o ? V-433 i N SOB N0. 2 of »(55-56-8) i><(CUP 605) ::'': BROOKHURST`:.;„'> >' SQUARE ~..~m...._...__ ............... ct 56-57-2 tL V-22785 56-57-2 o ~° V-2240 CUP 1331 V-433 V-433 7-il STORE PIZZA AVENUE ~ ORANGE 0 N o RM-12oa ~'- 67-68-73 v-197o EL CORTE2 65 DU I1H-1200 61-b8-73 V-1970 CL 57-58-20 CUP 2189 CUP 2073 GUP 7896 SMALL COMM. SHOPS CL 64-65-47 57-58-20, CUP 3744 CUP 2491 REST. J- tl N 57-58-20 _ BANK. Y 0 0 o~so . O 1 1 /~ N :m v,m,.. .o .c -' a ¢~.~o>a CL CL m OFFICE 64-65-48 PARKING CUP 109 OFFICE/RETAIL CL 64-b5-48 V-3437 PROF. OFFICE CL I i 64-65-76 i ~ CUP 1742 I I IN S OUT 1 I BURGERS I w L J _ CL ~ 59-60-70 cl ~ a 64-65-13 64-65-123 0 ALBERTSON'S cfa N ~ I MARKET ~°0~ ~ o i ~~T I CL 64-65-13 CUP 2251 CUP 1734 SHOPPING CENTER - ~ I I 1 1 . '1 ZONING ADM1NISTRATOR Subject Property Sex-Oriented Business No, 2 Date: August 8, 1996 Scale 1" = 200' Requested By: CAVE INC. Q.S. No. 40 TO RETAIN AN_EXISTING NON-CONFORMING SEX-ORIENTED BUSINESS CONSISTING OF THE RETAIL SALES OF ADULT-ORIENTED VIDEOS, MAGAZINES, PERIODICALS, NOVELTIES, APPAREL AND SUNDRIES. 518 S. Brookhurst Street (Fantasy Video N' More) of •.'+1 ^\ ~~G ~ LAW OFF f 1 ~. ~ ICES OF ~ h ~O ~ ~ AI.BE$'7` D. SANCHEZ `" ~ ~ r ~~~~ ~ /~ ~ ~~ TOWER OFF7CE BUILDING / - ~ '' 15303 VENTURA BOULEVARD, SUITE 1400 ~,'~~~~ ~" ~~'=~ SHEEMAN OARS, CALIP'OBNIA 91403-3172 TELEPNON E(818) 789-0791 FAX (818) 789-0794 July 30, 1996 VIA FACSIMILE & U.S. MAIL 714 - 254-5280 Ms. Cheryl Flores, Associate Planner City Of Anaheim Planning Dept. 200 S. Anaheim Blvd. Anaheim, CA 92803-6142 RE: Fantasy Video 'N More Bookstore, 518 S. Brookhurst St; Anaheim, CA 92806; Notice of Intention to Retain Existing Signs. Dear Ms. Flores: As you know, on July 11, 1996 a second hearing was-held on my client, Cave, Inc.~s application to retain an existing non- . conforming sex-oriented business known as Fantasy Video 'N More Bookstore, 518 S. Brookhurst St., Anaheim, CA 92806. At the hearing, a question arose as to what the intentions were of my .client regarding signage on the business and on the mini-mall property.. There apparently was some confusion over whether my client, whose principal is Mr. Seung Chun Lim., intended to engage in major alterations to the present signage on the face of the establishment, and on the free-standing double-faced pole sign located at the entrance to the shopping plaza. In that regard, I recei~~ed a letter dated July 22, 1996 from Mr. Timothy Dunn, Code Enforcement Officer for the City of Anaheim in which he enclosed copies of the photographs of the exterior signs at the location as they exist today, .and as they existed as long ago as 1988. I am by way of this letter informing you that .Cave, Inc., and Mr. Seung Chun Lim, its President and principal, disavows any intention to alter or to change in any way the existing signage on the exterior of the building or on .the free-standing pole sign. Cave, Inc. understands that any major change in the size, position or location of the signs on the exterior of the business would require an application for a permit for same to the City of Anaheim. However, Cave, Inc. affirms that as of this date, no change or alteration has occurred in the size or positioning of the signs on the business. In addition, Cave, Inc. affirms its. agreement and intention to maintain the permanent signage just as Ms. Cheryl. Flores July 30, 1996 Page 2 it appears in the photographs .taken on July 17, 1996 by Mr. Freeman. My client understands that minor changes in the size and coloring of lettering and the type and color of the plastic backing .are permissible. I hope that this. will suffice. for both the purposes of the Planning Department and the hearing officer for the upcoming hearing on August 8, 1996. I realize that at the hearing, the hearing officer requested some sort of sign plan, but that was with the understanding that changes were contemplated. It certainly. makes. sense that this letter disavowing any intention to change the size and/or location of the present signage should -suffice, rather than. require a sign plan for the presently existing signs at considerable unnecessary expense. On a related matter, my client has been .informed that the City would prefer that no advertising for other locations be placed in the windows facing the outside of the business. Just as soon as my client was notified of this, the signs were removed. If you have any questions for comments with regard to the above,... please don't hesitate to contact me. I remain very truly yours, LAW OFFICES OF ALBERT D. SANCHEZ B '"~ Y Albert D. Sanchez ADS•mrb L1M\CAVE\FLORES.CHE i MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: AUGUST 5, 1996 TO CHERYL FLORES, SENIOR PLANNER FROM: TIlVIOTHY DUNK, CODE ENFORCEMENT OFFICER #1 SUBJECT: FANTASY VIDEO N' MORE 518 S. BROOKHURST ST. ANAHEIM On Wednesday, July 17, 1996, I went to Fantasy Video to photograph the existing signs for the business. I observed .thee three wall: igns to be 19" x 10' - 0". On the double faced pylon sign, the tenantstrips measured`12" x 6'-- 0"..Fantasy Video graphics were applied across two tenant strips per side. A neon "OPEN" sign was mounted inside the north facing windows. I also observed that a .wall in' the southwest corner of the. store: containing adult merchandise, was visible from the front (north) windows. On Friday, August 2, 1996 a Notice of Violation was mailed-to the business owners and their attorney, regarding the adult merchandise which was visible from the outside of the business. This Notice allowed five days for the owners to remove or relocate the merchandise. On Monday, AugusE 5, 1996, I went to Fantasy Video to inspect the business to determine if the ratio of adult merchandise vs. non-adult merchandise was reduced to the proper amount. (45% adult, 55% non-adult).. I observed the west side of the business to be stocked with .numerous items such as purses, toys, children's dolls, hair combs, jewelry, used paperback books, etc. The store manager showed me the merchandise inventory list which was kept in two categories. The adult merchandise list showed 11,57.1 items, and the non-adultmerchandise list showed.21,110 items. Although an effort had been made to conceal the adult merchandise in the southwest comer of the store, the merchandise was still visible from the front. (north) windows. (E1MC 18.89.030.050.0513) 0024td t page ~ ?30T^vG~..~'??S J tip; .. ..~ DATE (1 / ? r ~I ~ TAE ADDRESS ~(~C~ c~ ~"'~t~0~~-{-1.~12C"i. 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DATE. ~ •- TII~ ADDRESS xLMARF~S ~.~.~~,~ A ~.~. __ DE~~ .a _ BY: AIttV! -~--A;i I Z 3 A:i. `tl ~~~ R~TGR ~_ ,. - - - . 0 IIATF 120 ~~ STANDARD N Y O m 120 12 STANDARD STALLS W \\ \\\ a FANTASY VIDEO' N'MORE a U \ \ Z 2,160 \ J \ \ S I OEWALK GIGI~S HAIR SALON 2 ,160 275 q~ SIDEWALK I~ CURB ~r _ ADDRESS= 518 S. BROOKHURST ST. NEXT MEETING ANAHEIM. CA 92804 t,Ra; ~ X095 S-i~..a~ ZONING ADMINISTRATOR U~~~ S~ ON N0. ~ 9~,- ~1 D . ~~' ~_t l ~ ~T N OWNER : JU TSUNG LEE PLOT PLAN 8923 E. LINDANTE DR. WHITTIER , CA 90603 (AGENT: BROWN 81 DEPIANO CONTINENTAL MAPPING SERVICE" 15303 VENTURA BL. 1400 6325 Van Nuys Boulevard. Van Nuys. CA 91401 SHERMAN OAKS,CA 94403 ;61g„~, I~FJ~ (8181789 -0791 d• N uF ~Z ~1 W a a U y 0 Z a J VACANT STORE 2,160 LANDSCAPE 76~ -~ TYP 20' NWN LS IIII1Ilii 19 COMPACT STALLS SIMPLY SPLENDID STORAGE BRIDAL 8 FORMAL ~~ n 2,018 c W ~ ; OD F -~ 1,561 H/C Y 720 7 STANDARD STALLS ~ EOWARO~S c JEWELRY y W 8Mfl-4STif-S = YARN SHOP ~aFZ T20~ ~~v a2r1 SJa 1O; I~ .y y N 6 756 KEY SHOP J 720 ~~ ~_ ~ VACANT _ 7 STANDARD STALLS ,y STORE. ` a ttP y H/C 10 H 6 R 8L0 CK I,ooe~ J•T. LEE V ACy-N? INVESTMENTS STORE W 1,080 936 a STORAGE 918 y y T J J Q y o ~ Q W O ' 0: Z F' -- 1 art ti ~~ O O ~W O O W W Q ~ tD N In J J J Q J y 3 ~' Y 0 ~ C 4' ' Q i m D _-~ 2 > Q ~ ~ 2 y o y Q io - iG f .O la ~~> Q 0 'rP A F S PRINT( N G 2,160 S tOEWALK z° g 19 CO M P CASE N0. DATE 10-22-95 scA~E~ ~sdl- N- ~T ~~~~.'~ I I ~ _ ~-p ) t r) `C T~ ~ 1:. <. ~ ' , "•,, .O • ~ ::( f ~~ 14..e ~~ ~ - - ~u ~'.~ ~'''' N . ~: ~~ m ~bUL'fi DNLy'' ~ QUA U~1.1G X55 NG'r' V~RM~tTEq ._ ~G~ s~oN lvd. ~- 9~-Z1 r ~ IT N~ ~l ~~ 1 to- 91. FLOOR PLAN MR. LIM ~ ONTINENTAL MAPPING CASE N0. FANTASY VIDEO • N - I~tORE St8 S. BROOKHURST ST. SERVICE ANAHEIM , C A 92804 D AT E ~ 10-23- 95 ~2l3~ 303-0611 iBEEPER) 6325 VAN NUYS SLVG. YAN NUYS, 9l~401 SCALE t" = t0` ~ 8! 8) 737 -1663 cMSg5-2575 Lt.J Q d ~;~ ~r ~ /I ~9uLT ~NLy ~, / ~~A i, ,~.a ~t, ~ ,~. ,,... y}~,y_ ~1 Mac N Pt6'E62`S ST°~`t' IOI~t ~~ . ~ "ice.. r~ Q 0. ~ .~ M~ A V ~ ~ ~` ~T J4A C~~~~n. ~ u ~ u ~! ,. LAW OFFICES OF BRADLEY WM. BRUNON A.PROF[55~ONA~ CORPOwA>•iON - BRA OI.EY wM. BRUNON 2600 COO RADO 4VENU E, SUITE a40 - AREA COOE f213) JEFFREY J. 000G1AS ~ SANTA MONICA, CALIFORNIA 90404 TELEPHQNE 453-2393 March 24, 1988 Bruce R. Freeman Code Enforcement Officer -200 South Anaheim Boulevard Anaheim, California 92805 Re: .Fantasy Video .Dear Mr. Freeman: My office represents Brock, Inc.,. dba Fantasy Video, located at 518 South Brookhurst. This letter is to provide a formal statement to the City of Anaheim describing the operation and merchandise of Fantasy Video for the purposes of :licensing, zoning and planning. :Fantasy Video will-be operating as a general interest gift and novelty store.- Videos of general interest will be available for sales and rental. Magazines and books are also available for-sale. There will_be items available for sales or rental which have as a predominant theme sexual matters, as defined in - Anaheim Municipal Code (A.M.C.) sections 18.89.020.020'and 18.89.,-020.030 (hereinafter referred to as`"sexual matters"). However at no time will "adult reading material," as defined in A.M.C. Chapter 4.96-be available for minors to review. Nor will other sexually oriented items, whether media or non-media, be available for the viewing ,or handling by minors. Videos, magazines and/or any. other items which depict sexual matters will either be not available for public view .(available for purchase by catalogue order) or will be available only sealed in plastic (shrink-wrap) with any "sexual matters" obscured by placement•.of opaque stickers under the shrink-wrap. However, at no time will items depicting "sexual matters," as defined in A.M.C. sections 18.89.020.020 and 18.89.020.03D, exceed 45~ of the stock-in-trade, complying with A.M.C. section 18.89.020.O1D. The requested ,floor plan will not be drafted until -Sunday, March 27, 1988. Therefore, I-shall not be able to provide it to your office until later in that week. ~- A. ~, i ~ LAW OFFICES OF BRADLEY WM. BRUN .~ • PROf[SSIONA~ CORPORATION Bruce R. Freeman March 24, 1988 Page Two If you have any questions, please do not. hesitate to call. Thank you for your cooperation. Very truly yours, Law Offices. of BRADLEY WM. BRUNON A Professional Corporation • ~1 .. By. Jeffre ouglas JJD:lc