(A) Any property owner or his authorized agent may apply to the planning commission for a variance from section 10-9-7 of this chapter. The planning commission, after a hearing, may issue a variance permit if the following findings are made:
1. That the applicant has met the conditions required for variances from zoning ordinance pursuant to Government Code section 65906 and section 10-3-6 of this code.
2. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed.
3. That the establishment of an adult related establishment in the area will not be contrary to the city's general plan or any program of neighborhood conservation, nor will it interfere with any program of redevelopment.
4. That all applicable provisions of state and local law will be observed.
(B) The procedure for obtaining and receiving a variance permit shall be the same as that provided in section 10-3-6 of this title with, among other matters, the same notice requirements, the same right of appeal to the city council, and the same fees payable by the applicant. However, notice of such variance request shall be given to all property owners on the assessment rolls within a radius of five hundred feet (500') or one thousand feet (1,000') of such requested location as appropriate pursuant to section 10-9-6 of this chapter. (Ord. 1408, 11-25-1986)