(A) Interim Adult Use Planning Permit. In order to avoid undue delay or suppression of any protected expression, the planning director shall make an initial determination of the required information contained in the application to process an adult use planning permit within five days of the date of filing the complete application. If the application is sufficient to issue an interim adult use planning permit, such shall be issued by the planning director within ten days of the date the application was deemed complete. A sufficient application shall include, but not be limited to, the applicant's meeting the requirements to be issued an adult business license required by Chapter 5.19 of this code and the proposed business must be located in the M-3 zoning district and subject to the locational and setback requirements of this chapter. The granting of the interim adult use planning permit by the planning director is without prejudice to and does not preclude the denial of the final adult use planning permit application filed by the applicant. The interim adult use planning permit shall terminate upon the planning commission taking action on the final adult use planning permit. No right to operate beyond the termination of the interim adult use planning permit shall vest in the applicant if the applicant is unable or unwilling to obtain the adult business license required by Chapter 5.19 of this code and the final adult use planning permit required by this chapter.
(B) Final Adult Use Planning Permit. The planning commission shall approve or disapprove the completed adult use planning permit application within 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 90 days upon consent of the planning director and the applicant. The application shall be processed and noticed in the same manner as conditional use permits are processed and noticed under state law.
(1) To approve the final adult use planning permit, 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 business;
(c) That the building, structure, equipment, and location used by the business for which an adult 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 Corona Fire Department, Riverside County Health Services Department, and the city;
(d) That the conduct of the adult 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 adult use planning permit 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 this chapter;
(h) That the design of the site and the proposed improvements are in compliance with any applicable precise plan of design approved for the site;
(i) That the proposed conduct of the adult business is in compliance with all applicable performance standards of § 17.41.140 of this chapter.
(2) In the event the planning commission, or the City Council on appeal, denies the final adult use planning permit application, the business shall cease its operations as an adult business and no further activities regulated by this chapter or Chapter 5.19 of this code shall be conducted on the premises unless and until an adult use planning permit and all licenses required by this code are obtained. The interim adult use planning permit shall also terminate on the date the adult use planning permit application is denied.
(3) If the permit requested is for a development project for construction or reconstruction subject to the Permit Streamlining Act (Government Code Section 65920 et seq.), the time limits provided in the Permit Streamlining Act shall apply to the development project for construction. The adult use planning permit's approval or denial shall be conditioned upon operation within the building to be constructed or reconstructed.
(4) Upon the filing of an appeal, in accordance with § 5.19.040 of this code, the City Council or a designated hearing officer shall render its decision on the appeal within 45 days.
(C) The decision of the City Council or hearing officer concerning the appeal of a denial, denial of renewal, suspension or revocation of a permit shall be final. The applicant or permittee may seek prompt judicial review of such administrative action in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et seq. The city shall make all reasonable efforts to expedite judicial review in accordance with Code of Civil Procedure Section 1094.8.
(Ord. 2708 § 4, 2004.)