HomeMy WebLinkAbout99-007 - Application Fee for Persons Seeking an Adult Entertainment Business Land Use Permitl?
RESOLUTION NO.. 1999=007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA ADOPTING AN APPLICATION FORM
AND ESTABLISHING AN APPLICATION FEE FOR
PERSONS SEEKING AN ADULT ENTERTAINMENT
BUSINESS LAND USE PERMIT
THE CITY COUNCIL OF THE CITY OF SANTA ANA
HEREBY RESOLVES, DETERMINES, AND DECLARES AS
FOLLOWS:
WHEREAS, the City Council has adopted Ordinance No. NS-2373, entitled "An
Ordinance Of The City Of Santa Ana Amending And Adding Various Provisions Of The
Santa Ana Municipal Code Regulating Land Uses And Creating A New Article For
Regulation Of Adult Entertainment Businesses'; and
WHEREAS, this Ordinance requires that the City shall accept and process
applications for an adult entertainment business land use permit; and
WHEREAS, the City's Planning and Building Agency has analyzed the cost to
administer this program for the review and grant of such applications; and
WHEREAS, according to the Planning and Building Agnecy, it is estimated that
approximately 20 staff hours at a cost of $40 per hour or $800 are required to process a
completed application for an adult entertainment business land use permit, and that
these hours would be divided between processing time for the Police Department and
the Planning Division; and
WHEREAS, the City Council finds that, of all the current permit and licensing
actions undertaken by the Planning Division, the processing of an application for an
adult entertainment business land use permit is most similar to the the minor exception
process, for which the City Council has set by resolution an application fee of $635.00;
and
WHEREAS, based upon these facts the Council finds that an adult entertainment
business land use application fee of $635.00 represents a fair and equitable fee which is
reasonably related to the City's cost in administering the program; and
WHEREAS, the City Council further finds that this $635.00 fee is reaosonably
related to the costs of the City expended in providing the service, processing the
application, undertaking the review, or undertaking the action required or provided for
under the Ordinance; and
WHEREAS, section 41-1604(b) of the Ordinance provides that the City Council
shall, by separate resolution, set forth the contents required for an application for an
adult entertainment business land use permit; and
WHEREAS, based upon the testimony, reports and other evidence
submitted on this matter, this city council makes the above-specified fmdings; :
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SANTA ANA:
Section 1. The City Council sets the application fee for an adult entertinment
business land use permit at $635.00. No application shall be processed unless such fee
is tendered.
Section 2. The contents of the proposed application form for an adult use
development permit attached to this Resolution are hereby set and approved pursuant to
Section 41-1604 of the Ordinance. The City's Planning Manager may amend the
application form for an adult entertainment business land use permit from time to time,
provided that such amendment is consistent with the intent and purpose of Article XVI
of Chapter 41 of the Santa Ana Muncipal Code.
Section 3. If any section, subsection, sentence, clause, phrase or word of this
Resolution is for any reason held to be invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Resolution.
The City Council hereby declares that it would have passed and adopted this
Resolution, and each and all provisions hereof, irrespective of the fact that one or more
provisions may be declared invalid.
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Section 4. This Resolution shall become effective upon the date on which
Ordinance No. NS- 2373 becomes effective.
ADOPTED this 4tla
ATTEST:
ff0~.a~/_e C. Guy
clerk of the Council
day of: January, 1999.
Mayor
COUNCILMEMBERS:
Pulido A~;e
Lutz ~
Franklin Aye
McGuigan Aye
Moreno Aye
Bist Aye
Christy Aye
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No.
/ff~-0~ to be the original resolution adopted by the City Council of the City of Santa
Am on i -
Date: /-d-/f~?
.~..~ Clerk
City of Santa Arm
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