(a) Interim CUP
(1) The Planning Director shall accept as complete, or deny as incomplete, the application for a Conditional Use Permit (CUP) for a business protected by the First Amendment of the United States Constitution within ten (10) days from the date on which an application is submitted to the Director.
(2) In order to avoid undue delay or suppression of any protected expression, the Planning Director shall make an initial determination that the required information is contained in the application to process an Interim CUP within five (5) days of the date of filing the application. If the application is sufficient to issue an Interim CUP, such shall be issued by the Planning Director within ten (10) days of the date the application was filed. A sufficient application shall include, but not be limited to, the applicant's meeting the requirements to be issued an Adult-Oriented Business License required by the Adelanto Municipal Code and the proposed business must be located in the Manufacturing District, and subject to the locational and setback requirements of Section 17.30.040 of the Adelanto Municipal Code. The granting of the Interim CUP by the Planning Director is without prejudice to and does not preclude the denial of the Final CUP application filed by the applicant. The Interim CUP shall terminate upon the Planning Commission taking action on the Final CUP. No right to operate beyond the termination of the Interim CUP for a First Amendment Protected Business shall vest in the applicant if the applicant is unable or unwilling to obtain the Adult-Oriented Business License required by the Adelanto Municipal Code and the Final CUP required by this Section.
(b) Final CUP
The Planning Commission shall approve or disapprove the completed CUP application within ninety (90) days of its acceptance as complete by the Director. The time limit established by this Section may be extended once for a period not to exceed ninety (90) days upon consent of the Planning Director and the applicant.
(1) To approve the Final CUP, the Planning Commission, or City Council on appeal, must first make the following findings:
A. That all applicable filing fees have been paid.
B. That the applicant is not overdue in payment to the City of any taxes, fees, fines, or penalties assessed against or imposed in relation to an existing or former Adult-Oriented Business.
C. That the building, structure, equipment, and location used by the business for which an Adult-Oriented Business License is required complies with the requirements and standards of the health, building, zoning, fire, and safety laws of the State of California, the Adelanto Fire Department, and the City of Adelanto.
D. That the conduct of the Adult-Oriented Business as proposed by the applicant, if permitted, will comply with all applicable laws; including but not limited to, the City's building, zoning, fire, and health and safety regulations.
E. That the City currently has no evidence demonstrating that the applicant has knowingly made any false, misleading, or fraudulent statement of material facts in the CUP application or any other document required by the City in conjunction therewith.
F. That the use is permitted in the zone, district, or area in which it is proposed to be located and is in conformity with the applicable development standards of that zone, district, or area, including the provision of required parking.
G. That the use is in conformity with the locational criteria set forth in Section 17.85.110 of this Zoning Code.
H. That the design of the site and the proposed improvements are in compliance with all applicable design provisions of Section 17.85.110 of this Zoning Code.
I. That the proposed conduct of the Adult-Oriented Business is in compliance with all applicable performance standards of Section 17.85.110 of this Zoning Code.
(2) In the event the Planning Commission, or the City Council on appeal, denies the Final CUP application, the business shall cease its operations as an Adult-Oriented Business and no further activities regulated by this Zoning Code or the Adelanto Municipal Code shall be conducted on the premises unless and until a CUP and a license required by the Adelanto Municipal Code is obtained. The Interim CUP shall also terminate on the date the CUP application is denied.
(c) If the permit requested is for a development project for construction or reconstruction subject to the Permit Streamlining Act (Government Code §65920 et seq.), the time limits provided in the Permit Streamlining Act shall apply to the Conditional Use Permit's approval or denial.
(d) Upon the filing of an appeal, the Planning Commission or the City Council shall render its decision on the appeal within sixty (60) days.