HomeMy WebLinkAboutORD 1231 (2000) 1 ORDINANCE NO. 1231
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 TUSTIN, CALIFORNIA, AMENDING SECTION 3917,
SUBSECTION (A) OF SECTION 3918, AND SUBSECTIONS
4 (A) AND (B) OF SECTION 3924, OF THE TUSTIN CITY CODE,
RELATING TO THE INVESTIGATION, ISSUANCE, AND
5 APPEAL OF PERMITS FOR THE ESTABLISHMENT OF
SEXUALLY ORIENTED BUSINESSES.
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7 The City Council of the City of Tustin hereby ordains as follows:
8 SECTION 1. Section 3917 of the Tustin City Code is amended to read:
9 "3917 INVESTIGATION OF PERMIT APPLICATION.
10 (a) Upon receipt of a complete application for a sexually oriented
11' business permit and payment of the non-refundable application
fee, the Community Development Director shall stamp the
12 application as received and shall thereafter transmit the
application to the Tustin Police Department and any other
13 agencies responsible for enforcement of zoning, health, fire, and
building codes and laws. Each department or agency shall
14 conduct an investigation of the applicant, application, and the
proposed sexually oriented business in accordance with its
15 responsibilities under law and as set forth in this Chapter. All
investigations shall be completed within thirty (30) days of receipt
16 of a complete application by the Community Development
Director.
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(b) Within ten (10) business days of receipt of the completed
18 application, the Community Development Director shall issue a
temporary thirty (30) days permit."
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SECTION 2. Subsection (a) of Section 3918 of the Tustin City Code is
20 amended to read as follows:
21 "(a) The Community Development Director shall grant, grant upon
condition, or deny an application for a permit within thirty (30)
22 days from the date the application is deemed complete. The
applicant shall be notified by the Community Development
23 Director of such grant, conditional grant or denial of the
application and shall state the reasons for a denial. A permit may
24 be conditionally granted only when the City has not timely
received fingerprint information to verify that the applicant has not
25 been convicted of specified criminal acts within the timeframes
described in subsection (c)(1)(i). Such conditional grant shall not
26 constitute a vested right to operate under this permit.
27 If the Community Development DirectOr nether grants nor denies
the application within thirty (30) days after the complete
28 application is stamped received (except as provided in Section
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Ordinance No. 1231
Page 2
1 3916 (h)), the ap2,tication shall be deemed to be approved as of
the thirty-first (31) day and the applicant may begin operating the
2 sexually oriented business for which the permit was sought,
subject to compliance with the development and performance
3 standards and requirements of Section 3912 of this Code."
4 SECTION 3. Subsection (a) of Section 3924 of the Tustin City Code is
amended to read as follows:
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6 "(a) After denial of an application, or denial of a renewal of an
application, or upon the issuance of a notice of suspension or a
notice of revocation of a permit by the Community Development
7 Director, the applicant or permittee may seek review of such
action by filing a written appeal with the City Council. An appeal
8 must be filed with the City Clerk within ten (10) calendar days of a
9 denial, suspension, or revocation of a permit. The hearing before
the City Council will be held no less than five (5) business days
10 from the date of the filing of the appeal or at the next regularly
scheduled meeting of the City Council. The City Council shall
11 issue its decision within fifteen (15) calendar days of the hearing.
The decison of the City Council shall be final. If the denial,
12 suspension or revocation is affirmed on review by the City
Council, the applicant or permittee may seek expedited judicial
~13 review of such administrative action pursuant to California Code
of Civil Procedure Section 1094.8 because the permit regulates
14 expressive conduct protected by the First Amendment to the
United States Constitution. The applicant or permittee shall be
15 responsible for reimbursing the City for its actual costs for
transcribing, copying, or otherwise preparing the administrative
16 record required for court hearing."
17 SECTION 4. Subsection (b) of Section 3924 of the Tustin City Code is
amended to read as follows:
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"(b) There shall be an automatic stay of enforcement of a permit
19 denial, suspension, or revocation throughout the administrative
and/or judicial appeal process."
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SECTION 5. This ordinance shall become effective at 12:00 a.m. on the 31st
21 day after adoption.
22 SECTION 6. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the
23 decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City
24 of Tustin hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof irrespective of
25 the fact that any one or more sections, subsections, sentences, clauses,
phrases, or portions be declared invalid or unconstitutional.
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Ordinance No. 1231
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PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
2 Tustin on this 16th day of October, 2000.
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4 JE~ ,~,. ,~
5 ~,Y,c~E~I~ I~. THOMAS, MAYOR
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8 PAME~ STOKER, Ci~ Clerk
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1231
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I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Ordinance No. 1231
had first reading by title only and introduction at the October 2, 2000 City Council meeting
and was adopted at the October 16, 2000 Council meeting by the following vote:
COUNCILMEMBER AYES: Thomas, Wodey, Doyle, Potts, Saltarelli
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Pamela Stoker, City Clerk