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344 <br /> <br /> NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA <br />DOES HEREBY ORDAIN AS FOLLOWS: <br /> <br />Section 1: Prohibition. <br /> <br /> No new adult entertainment use may be established within the City, nor may any <br />existing adult entertainment use within the City be expanded, so long as this ordinance is <br />in effect. In addition, no new massage establishment or figure modeling studio may be <br />established within the City, nor many existing such use be expanded, so long as this <br />ordinance is in effect. <br /> <br />Section 2: Exception Process. <br /> <br /> The City Council finds that certain adult entertainment businesses may be <br />established pursuant to locafional and permitting standards and not be in conflict with <br />contemplated zoning proposals which are currently under study. <br /> <br />A. Request for Exception. <br /> <br /> Any person who desires to establish within the City an adult entertainment business <br />exception uses or expand an existing adult entertainment business may request an <br />exception from the City. Any use which is granted an exception may be established in <br />the City irrespective of the provisions referenced in Section 1, above, of this ordinance. <br />The grant of a request for exception by the City shall not release the applicant from <br />complying with any applicable federal, state or local law or regulation. <br /> <br />B. Application for Request for Exception. <br /> <br /> The Planning & Building Agency shall prepare necessary forms for person(s) who <br />wish to request an exception to the provisions of this ordinance. The fee for such <br />application shall be the same fee as for a minor exception, which the Council finds does <br />not exceed the reasonable estimated processing costs of the City. <br /> <br />C. Grant or Denial of Exception. <br /> <br /> The Planning Manager or designee ("Manager") shall grant, conditionally grant or <br />deny a request for exception to the provisions of this ordinance. Any conditions imposed <br />upon the exception application shall be in keeping with the objective development <br />standards of the underlying zone in which the property is located and the City's parking <br />standards. The Manager shall approve an application for exception where the <br />information submitted by the applicant substantiates all of the following findings: <br /> <br /> <br />