The Planning Commission and City Council shall hold public hearings on the adult-oriented business permit application.
(A) The matter shall be noticed for public hearings as required by Cal. Gov't Code § 65091.
(B) At the hearings, the permittee and the city shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The city shall not be bound by the traditional rules of evidence, except that hearsay evidence may not be the sole basis for the Planning Commission's recommendation or the City Council's determination.
(C) The Planning Commission shall hold at least one duly noticed public hearing within 45 days from the date on which a completed application is submitted and accepted by the Community Development Department and shall make a recommendation that the City Council approve, approve with conditions, or deny the adult-oriented business permit application based on the requirements contained in § 121.33. This time period may not be extended and the hearing may not be continued without the written authorization of the applicant.
(D) Within 30 days of the recommendation being made by the Planning Commission, the City Council shall hold at least one duly noticed public hearing. This time period may not be extended and the hearing may not be continued without the written authorization of the applicant.
(E) Within 20 calendar days of the conclusion of its hearing, the City Council shall adopt a resolution approving, conditionally approving, or denying the issuance of the adult-oriented business permit based upon the requirements contained in § 121.33. For the purposes of this chapter, conditions may only be imposed to ensure compliance with the requirements contained in § 121.33.
(F) The applicant shall be provided with written notification of the City Council's decision and the reasons therefor within five working days of the date of the City Council's decision. The notice shall specify that the decision of the City Council is final and that any judicial action challenging the decision must be commenced within 90 days after the date of the decision in accordance with Cal. Civ. Proc. Code § 1094.6.
(G) Notices shall be provided to the applicant by personal service or by registered mail, return receipt requested.
('65 Code, § 9-3.3004) (Ord. 433-C.S., passed 9-6-94)