96-123 RESOLUTION NO. 96R-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADOPTING SEX-ORIENTED BUSINESS
PERMIT INFORMATION PACKET.
WHEREAS, the City Council of the City of Anaheim has
adopted Chapter 18.89 of the Anaheim Municipal Code relating to
regulation of Sex-Oriented Businesses; and
WHEREAS, subsection .030 of Section 18.89.030 of the
Anaheim Municipal Code sets forth the information and items to be
submitted to the License Collector by the applicant at the time
of applying for a Sex-Oriented Business Permit; and
WHEREAS, said subsection .030 requires that an
applicant for a Sex-Oriented Business Permit submit all further
information required in the Sex-Oriented Business Permit
Information Packet adopted by resolution of the City Council; and
WHEREAS, it is the desire of the City Council to adopt
the Sex-Oriented Business Permit Information Packet.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the Sex-Oriented Business Permit
Information Packet attached to this Resolution as Attachment 1 is
hereby adopted.
BE IT FURTHER RESOLVED, that the effective date of this
Resolution shall be August 8th, 1996.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 9th day of July, 1996.
MAY '~OF THE CI~IM
CITY CLERK OF THE AHEIM
15841. l\smann\040496
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 96R-123 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 9th day of July, 1996, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 96R-123 on the 9th day of July, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 9th day of July, 1996.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the odginal of Resolution No. 96R-123 was duly passed and adopted by the City Council of
the City of Anaheim on July 9th, 1996.
CITY CLERK OF THE CITY OF ANAHEIM
INFORMATION CHECKLIST FOR SEX-ORIENTED BUSINESS APPLICANTS
1. The business owner shall complete an "Application for Sex-
Oriented Business." The document must be complete and all
blanks must be filled in, except the ones in the boxes
marked "OFFICE USE ONLY."
2. If the business owner is the owner of the property upon
which the Sex-Oriented Business is proposed to be located,
the business owner shall provide a copy of the grant deed
establishing such ownership. If the business owner is a
lessee or sub-lessee, the business owner shall provide
copies of the lease and, if applicable, any sublease
establishing the tenancy.
3. If the owner of the proposed business is a corporation or
partnership, a copy of the corporate or partnership papers
must be filed with the application, including documentation
~- that the signator has authority to act on behalf of the
corporation or partnership.
4. A non-refundable processing fee in the amount of $500.00 is
required.
5. A letter shall accompany the application describing the
proposed business and explaining how the proposed business
will satisfy the applicable requirements set forth in
Anaheim Municipal Code (AMC) subsection 18.89.030.050. The
letter shall be specific, and address all applicable
requirements of that subsection. If an item is not
applicable, the letter shall so state.
6. Three (3) copies of a certified 300-foot radius Assessor's
Parcel Map indicating location of the 300-foot radius and
highlighting all parcels encompassed within the area.
7. Three (3) copies of a certified 300-foot radius property
owners list indicating the name, address, city, state, zip
code and Assessor's Parcel Number of all property owners
within a 300-foot radius of the subject property. This is
required to provide notice for the hearing on the
application.
8. If the business is not a legal nonconforming Sex-Oriented
Business as defined in Chapter 18.89, six (6) copies of a
sign plan showing all existing and proposed freestanding
signs and building signs for the proposed business in
conformance with the standards applicable to the zone except
that such signs: (i) shall contain no sign copy other than
the business name and the street address, and the notice
required by subsection 18.89.040.010 on the entrance door to
the premises, (ii) shall contain no flashing lights, (iii)
shall contain no photographs, silhouettes, drawings,
statues, monuments, sign shapes or sign projections, or
other graphic representations, which depict the human body
or anatomy, or any portion thereof, whether clothed or
unclothed, including without limitation representations that
depict 'Specified Anatomical Parts' or 'Specified Sexual
Activities,' (iv) shall not be located within 100 feet of
any freeway or any street designated as an arterial highway
on the Circulation Element of the Anaheim General Plan, and
(v) shall not be located or oriented in a manner whereby the
sign copy is visible by any person traveling in a vehicle
upon any freeway or any street designated as an arterial
highway on the Circulation Element of the Anaheim General
Plan. No banners or other temporary signs shall be placed
anywhere upon or within the premises in such manner as to be
visible from any location other than within the premises
occupied by the Sex-Oriented Business. (AMC
18.89.030.050.0510, subparagraph .07.)
If the business is a legal nonconforming Sex-Oriented
Business, as defined in Chapter 18.89, six (6) copies of a
sign plan, including photographs, showing all legal
nonconforming signage shall be provided. Signage for the
legal nonconforming 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.
9. Six (6) copies of a landscape plan showing existing and
proposed landscaping (including type, size, height and
location of trees and other planting material) in
conformance with the following general landscaping
requirements in Section 18.04.060 of the Anaheim Municipal
Code.
a. Trees. All required trees shall be of a size
not less than fifteen (15) gallons at time of planting.
Trees that produce flowers or fruit shall not be placed
where the flowers or fruit will cause a nuisance or
hazard.
b. The plan shall indicate that any required
tree planted on-site which is subsequently removed,
damaged, diseased and/or dead shall be replaced on-site
in a timely manner.
c. Trees shall not be planted in such a location
or manner that the variety or size of the tree will
cause the tree to interfere with overhead utility lines
and/or other public improvements.
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d. A minimum of one (1) tree per every twenty
(20) feet of property street frontage shall be planted
in the landscape area adjacent to the street frontage.
e. Shrubbery. All required shrubs shall be of a
size not less than five (5) gallons at time of
planting. Plants that produce flowers or fruit shall
not be placed where the flowers or fruit will cause a
nuisance or hazard.
f. Ground cover. Ground cover shall be planted
and maintained where shrubbery is not sufficient to
cover exposed soil. Mulch may be used in place of
ground cover where ground cover will not grow or
where ground cover will cause harm to the plant
materials.
g. Landscaping for Screening of Fence/Block
Walls. All fences/block walls containing solid
surfaces which are visible to any public right-of-way
shall be planted with either clinging vines or fast-
growing shrubbery which will screen the fence/wall
surface so as to eliminate graffiti opportunities.
h. Parking Lot Landscaping. In addition to the
required setback and any slope landscaping, all parking
areas and vehicular accessways shall be landscaped.
Landscaping shall include at least one(1) tree per
three thousand (3,000) square feet of parking area
and/or vehicular accessways distributed throughout the
parking area. There shall be an average of forty-eight
(48) square feet of planter area provided per required
tree, with a minimum planter dimension of five (5)
feet, landscaped as prescribed by the Zoning Code. No
more than ten (10) parking spaces shall be adjacent to
each other in a row without being separated by
landscape area with a minimum width of five (5) feet.
i. Irrigation. All required landscaped areas
shall be provided and maintained with automatic
irrigation systems.
j. Landscape Maintenance. The plan shall
indicate that all landscaping will be maintained in a
neat, healthy and clean condition.
k. The plans shall be reviewed by the Traffic
and Transportation Manager for line-of sight visibility
to determine conformance with Engineering Standard
Detail No. 137.
In addition to the requirements of 18.04.060, the Anaheim
Municipal Code requires that if the sex-oriented business is
the sole use on the lot, no planting shall exceed thirty
(30) inches in height, except trees with foliage not less
than six (6) feet above the ground. (AMC
18.89.030.050.0510, subparagraph .02.)
10. Six (6) copies of a site plan and floor plan containing the
information specified in the following "Site Plan and Floor
Plan Requirements".
All plans must be accurately, clearly and completely
dimensioned and must be produced or reproduced on paper
with the following minimum dimensions:
11" x 14"
13" x 24", or
24" x 36"
~- 10.1. Site Plan Requirements
a. Date of preparation;
b. Name, address and phone number of owner and agent (if
applicable);
c. Descriptive title of project;
d. Address of project;
e. Scale of drawing (Example: 1/4 inch = 1 foot);
f. North arrow;
g. Property lines and all street improvements (curbs,
gutters and sidewalks) fully dimensioned and tied in
with the monumented centerline of all adjacent
streets and alleys;
h. Distance to nearest street intersection centerline;
i. Names and widths of all adjacent streets;
j. Present zoning of subject property;
k. Dimensions include and show:
~"~ 1. All yard setbacks;
2. Lot width and depth;
3. Distance between all buildings;
4. Distance from buildings to property lines;
1. Location, square footage and proposed use of all
buildings and structures;
m. Location, height and materials of walls and/or
fences;
n. Off-street parking (in conformance with Engineering
Standard Plan Nos. 436, 601 and 602, available from
the Public Works Department) include and show:
1. Location of parking spaces;
2. Number and dimensions of parking spaces;
3. Dimensions and locations of drive aisles;
o. Access - include and show:
1. Pedestrian access;
4
2. Vehicular and service access;
3. Location and dimensions of points of ingress and
egress (entrances and exits);
p. Location and widths of existing driveways on adjacent
properties and across streets;
q. Location and dimensions of trash storage areas and
trash turn-around areas;
r. Location, height and type of lighting;
s. Location and dimensions of all proposed and/or
required landscaping areas;
t. Vicinity map;
u. Summary of acres, square footages, number of units or
suites (if applicable) and parking spaces.
10.2. Floor Plan Requirements
a. Date of preparation;
b. Name, address and phone number of owner and agent (if
applicable);
c. Descriptive title of project;
d. Address of project;
e. Scale of drawing (Example: 1/4 inch = 1 foot);
f. Floor plans must include labels and dimensions of all
spaces within plan (i.e., seating area, office,
storage, etc.).
11. In determining conformance with City parking
requirements, the term "employees" includes entertainers
and other personnel, even if they are independent
contractors. If a parking variance is required, the
applicant must also include a parking demand study
prepared by an independent traffic engineer licensed by
the State of California and selected by the City Traffic
and Transportation Manager, with the appropriate fee for
City Traffic Engineering review. The study must be
stamped approved by the City Traffic and Transportation
Manager prior to submission as part of the application
package.
12. The building structure and proposed uses thereof, must
comply with all applicable Building and Fire Codes.
13. An application for Sex-Oriented Business is exempt from
requirements of California Environmental Quality Act
(CEQA). However, if a parking variance is required, the
applicant must satisfy the requirements of CEQA.
14. An up-to-date preliminary title report, lot book report
or grant deed showing ownership and legal description of
subject property.
5
15. All locations for Sex-Oriented Businesses must comply
with the "Locational Requirements" set forth in AMC
subsection 18.89.030.050, which are as follows:
.0501 The Sex-Oriented Business is proposed to be
located in a zone permitting the proposed use, provided
the premises are located outside the boundaries of any
redevelopment area established by ordinance.
.0502 The Sex-Oriented Business is not proposed to
be located within four hundred (400) feet of any
residential zone or residential use, whether such
residential zone or use is within or outside the
corporate boundaries of the City of Anaheim.
.0503 The Sex-Oriented Business is not proposed to
be located within one thousand (1,000) feet of any lot
upon which there is located any religious institution,
public park, any public or private elementary, secondary,
middle, junior high, or high school, whether such use is
within or outside the corporate boundaries of the City of
Anaheim.
.0504 The Sex-Oriented Business is not proposed to
be located:
.01 south of Crescent Avenue if located west of
Gilbert Street; or south of La Palma Avenue
if located east of Gilbert Street;
.02 east of Jefferson Street; or
.03 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.
.0505 Not more than two (2) Sex-Oriented Businesses
shall be located within any circular area having a radius of
2,500 feet. Further, such businesses shall be located either
(i) in contiguous building units sharing at least one common
wall with another Sex-Oriented Business, or (ii) upon
continuous parcels of property each of which parcels is
exclusively devoted to use as a Sex-Oriented Business, or
(iii) at least 1,000 feet from any other Sex-Oriented
Business.
.0506 For the purposes of this subsection .050, all
distances shall be measured in a straight line, without
regard to intervening structures or objects, from the nearest
point of the premises where said Sex-Oriented Business is
conducted to the nearest property line of any lot zoned or
6
used for residential uses other than a residential lot under
resolution of intent to any non-residential zone, or to the
nearest property line of any lot upon which is located a
religious institution, public park or school, or to the
nearest point of the premises of any other Sex-Oriented
Business. The word "premises", for purposes of this Section
18.89.030, shall mean the building (if the Sex-Oriented
Business occupies the entire building), or separate portion
of any building, used for a Sex-Oriented Business.
(District maps of the numerous sites which meet the location
requirements for Sex-Oriented Businesses are available at the
Planning Department and may be reviewed during regular business
hours.)
v
v
SMA#N\1591&. 2\042696 7
SEX-ORIENTED BUSINESS
APPLICATION FOR:
[] SEX-ORIENTED BOOKSTORE [] SEX-ORIENTED CABARET
[] SEX-ORIENTED MOTEL/HOTEL [] SEX-ORIENTED MOTION PICTURE
ARCADE
[] SEX-ORIENTED RETAIL ESTABLISHMENT [] SEX-ORIENTED MOTION PICTURE
THEATER
[] SEX-ORIENTED THEATER [] OTHER
(LIVE PERFORM3LNCES)
BUSXI~88 XNFOP. MATZON
NAME OF PROPOSED SEX-ORIENTED BUSINESS
ADDRESS OF PROPOSED SEX-ORIENTED BUSINESS
(Include suite or unit number if applicable)
IS THIS A NEW BUILDING? PHONE NUMBER OF BUSINESS
WILL THERE BE LIVE ENTERTAINMENT?
DESCRIPTION OF PROPOSED BUSINESS ACTIVITY
PROPOSED DAYS OF OPERATION
PROPOSED HOURS OF OPERATION
MAXIMUM NUMBER OF PATRONS
MAXIMUM NUMBER OF PEOPLE WORKING AT THIS LOCATION
(ALL ENTERTAINERS, SECURITY OFFICERS, BARTENDERS, ETC. INCLUDING EMPLOYEES,
INDEPENDENT CONTRACTORS, PROPRIETORS, AND VOLUNTEERS.)
WILL YOU BE CHARGING ADMISSION? IF YES, HOW MUCH?
OFFICE USE ONLY
APP REC'D.. BY LICENSE/PERMIT#
TRANSM]TTED TO DEPARTMENTS: DATE BY
REVIEWED BY:
PLANNING DEPARTMENT
(Zoning Division) DATE BY
(code Enforcement Division) DATE BY
POLZCE DEPARTMENT DATE BY
FIRE DEPARTMENT DATE BY
PROPERTY INFOR~TION
ADDRESS OF PROPERTY
TAX ASSESSORS PARCEL NUMBER
OWNER OF THE PROPERTY
ADDRESS OF THE PROPERTY OWNER
PHONE NO. OF PROPERTY OWNER
NAME, ADDRESS & PHONE NO. OF
AGENT (IF APPLICABLE)
NAME, ADDRESS & PHONE NO. OF
LESSOR (IF APPLICABLE)
NAME, ADDRESS & PHONE NO.OF
SUBLESSOR (IF APPLICABLE)
· IF THE BUSINESS OWNER IS THE RECORD OWNER OF THE PROPERTY, A COPY OF
GRANT DEED OR CURRENT TITLE REPORT MUST BE ATTACHED.
· IF THE BUSINESS OWNER IS THE AUTHORIZED AGENT OF THE RECORD OWNER OF THE
PROPERTY, PROOF OF AUTHORIZATION MUST BE ATTACHED.
· IF THE PREMISES ARE LEASED OR SUBLEASED, COPIES OF THE LEASE AND ANY
SUBLEASE MUST BE ATTACHED.
BUSINESS OWNERSHIP INFORMATION
IS THE BUSINESS OWNER* A CORPORATION , PARTNERSHIP , OR SOLE
PROPRIETORSHIP ?
(IF THE OWNER OF THE PROPOSED BUSINESS IS A CORPORATION OR PARTNERSHIP,
A COPY OF THE CORPORATE OR PARTNERSHIP PAPERS MUST BE FILED WITH THIS
APPLICATION, INCLUDING DOCUMENTATION THAT THE PERSON SIGNING THE
APPLICATION HAS AUTHORITY TO ACT ON BEHALF OF THE CORPORATION OR
PARTNERSHIP.)
NAME OF BUSINESS OWNER (IF BUSINESS OWNER IS A CORPORATION OR PARTNERSHIP,
STATE THE EXACT NAME OF THE CORPORATION OR PARTNERSHIP):
FULL LEGAL NAME OF ALL PROPRIETOR(S), OFFICERS, GENERAL PARTNERS, AND
CONTROLLING SHAREHOLDER:
PERSONAL INFORMATION
(SUBMIT A SEPARATE SHEET FOR EACH PROPRIETOR, OFFICER, GENERAL PARTNER OR
CONTROLLING SHAREHOLDER)
LAST FIRST M. I ·
HOHE ADDRESS
DAYTIME TELEPHONE NUMBER ¢ ~
DATE OF BIRTH / /
DRIVERS LICENSE NO. SOCIAL SECURITY NO. -
PLEASE LIST OTHER NAMES USED
PREVIOUS ADDRESS LAST FIVE (5) YEARS:
FROM TO
FROM TO
FROM TO
FROM TO
(DATES)
PREVIOUS EMPLOYER LAST FIVE (5) YEARS:
FROM TO
FROM TO
FROM TO
FROM TO
(DATES)
HAVE YOU EVER OWNED, OPERATED OR MANAGED ANY SEX-ORIENTED BUSINESS?
IF YES, WHEN AND WHERE
THE FOLLOWING MUST BE INITIALED BY THE BUSINESS OWNER.*
I have received and reviewed a copy of Chapter 18.89 of
the Anaheim Municipal Code and the Information
checklist relating to Sex-oriented Businesses.
I have submitted a site plan with this application
designating the building and/or unit proposed for the
proposed Sex-Oriented Business, and a dimensional
interior floor plan depicting how the business will
comply with all applicable requirements of Chapter
18.89 of the Anaheim Municipal Code.
I have submitted a letter with this application,
describing the proposed business and explaining in
detail how the business will satisfy the applicable
requirements of Anaheim Municipal Code Section
18.89.030.050.
I am familiar with and understand the provisions of
Chapter 18.89 applicable to the proposed Sex-Oriented
Business, including the following:
It is a misdemeanor for any person under the age of
eighteen or any obviously intoxicated person to enter
or remain on the premises of a Sex-Oriented Business at
any time. A sign giving notice of this provision must
be prominently posted at each entrance to the business.
Every person having responsibility for the operation of
a Sex-Oriented Business who, with knowledge that a
person is a minor (under the age of eighteen), or who
fails to exercise reasonable care in ascertaining the
true age of a minor, knowingly allows such minor to
enter or remain on the premises of the business is
guilty of a misdemeanor. It is a misdemeanor for any
person having responsibility for operation of a Sex-
Oriented Business to allow any obviously intoxicated
person to enter or remain on the premises of the
business. (AMC 18.89.030.050.0514; 18.89.040.020.)
A Sex-Oriented Business Permit is valid for a period of
one year from the date of permit approval, and shall be
renewed on a year-to-year basis, provided that the Sex-
Oriented Business is operated in compliance with all
applicable provisions of Chapter 18.89 of the Anaheim
Municipal Code.
Any change in the nature or composition of the Sex-
Oriented Business from one type of Sex-Oriented
Business use to another type of Sex-Oriented Business
use will render the Permit null and void.
A Sex-Oriented Business Permit is valid only for the
exact location specified in the Permit.
The Sex-Oriented Business Owner must allow officers of
the City of Anaheim and their authorized
representatives to conduct reasonable unscheduled
inspections of the premises of the Sex-Oriented
Business for the purpose of ensuring compliance with
the law at any time the Sex-Oriented Business is open
for business or is occupied; provided that
identification of the City representative may be
required (AMC, subsection 18.89.080.010).
I UNDERBTAND THAT PROVIDING INCORRECT, FALSE OR MISLEADING
INFORMATION IB GROUNDS FOR DENIAL OF THIB APPLICATION AND
REVOCATION OF THE SEX-ORIENTED BUSINESS PERMIT. I UNDERSTAND
THAT THE OPERATION OF THE AFOREMENTIONED BUSINESS MUST COMPLY
WITH THE PROVISIONS OF CHAPTER 18.89 OF THE ANAHEIM MUNICIPAL
CODE.
I DECLARE UNDER PENALTY OF PERJURY THAT I AM THE OWNER* OF THE
PROPOSED SEX-ORIENTED BUSINESS, THAT ALL OF THE INFORMATION UPON
THIS APPLICATION, INCLUDING THE INFORMATION SUBMITTED WITH THIS
APPLICATION, IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF.
SIGNATURE AND TITLE DATE
PRINT NAME AND TITLE SIGNED AT
*The "Owner" (i) is the sole proprietor of the Sex-Oriented
Business; or (ii) any general partner of a partnership which owns
and operates the Sex-Oriented Business; or (iii) the owner of a
controlling interest in a corporation which owns and operates the
Sex-Oriented Business; or (iv) the person designated by the
officers of a corporation to be the Permit holder for the Sex-
Oriented Business owned and operated by the corporation.
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