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(a) Upon the filing of a completed application for an Adult Business Regulatory Permit, the Director shall immediately write or stamp the application “Received” and, in conjunction with County staff, shall promptly investigate the information contained in the application to determine whether an Adult Business Regulatory Permit shall be granted. Investigation shall not be grounds for the County to unilaterally delay in reviewing a completed application, nor is it grounds to extend the time period to conduct a hearing pursuant to this Section.
(b) Within 21 days after the filing of a completed Adult Business Regulatory Permit application, the investigation shall be completed. The Director shall promptly notice a public hearing before the Planning Commission with notice of such hearing to be made pursuant to Government Code §§ 65091 and 65905. Said public hearing shall be conducted within 30 days of the expiration of the completed investigation period.
(c) In reaching a decision on the application, the Planning Commission shall not be bound by the formal rules of evidence in the Evidence Code.
(d) A written decision on the application for an Adult Business Regulatory Permit shall be issued by the Planning Commission within four business days after the public hearing required by this Section. The failure of the Planning Commission to render any decision within the time frames established in any part of this Section shall be deemed to constitute an approval subject to the compliance with all operating standards of Chapter 84.02. The decision of the Planning Commission shall be hand delivered or mailed to the applicant at the address provided in the application, and shall be provided in accordance with the requirements of this Code.
(e) Notwithstanding any provisions in this Section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this Section or may request a continuance regarding any decision or consideration by the County of the pending application. Extensions of time sought by applicants shall not be considered delay on the part of the County or constitute failure by the County to provide for prompt decisions on applications.
(f) The Planning Commission shall grant or deny the application in accordance with the provisions of this Section, and so notify the applicant as follows:
(1) The Director shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.
(2) If the application is denied, the Director shall attach to the application a statement of the reasons for the denial.
(3) If the application is granted, the Director shall attach to the application an Adult Business Regulatory Permit.
(g) The Planning Commission shall grant the application and issue the Adult Business Regulatory Permit upon findings that the proposed business meets, or will meet, all of the development, operational and environmental performance standards of the San Bernardino County Code, unless the application is denied based upon the noncompliance with one or more of the criteria set forth in this Chapter.
(h) If the Planning Commission grants the application, the applicant may begin operating the adult business for which the permit was sought, subject to compliance with the development and operating standards of Chapter 84.02; compliance with the environmental performance standards and requirements of this Chapter. The permitee shall post the permit conspicuously in the premises of the adult business.
(i) Findings. The Planning Commission shall deny the application if the applicant fails to establish any of the following:
(1) The adult business complies with the County’s zoning requirements as to its underlying zoning designation and other locational requirements.
(2) The adult business complies with the development, operating or environmental performance standards found in Chapter 84.02 of this Title.
(3) The permit applicant is at least 18 years of age.
(4) The required application fees have been paid.
(j) A permittee, applicant or substantially related entity wherein the new application is made by an individual or previous entity exercising management or oversight or control of the adult business, cannot re-apply for an Adult Business Regulatory Permit for a particular location within one year from the date of prior denial.
(k) Any affected person may appeal the decision of the Planning Commission in writing within ten days in accordance with the provisions of Chapter 86.08 of this Title.
(Ord. 4239, passed - -2014)