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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. 2 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 3