City of Imperial Beach v. Palm Avenue Books, Inc

In City of Imperial Beach v. Palm Avenue Books, Inc. (1981) 115 Cal.App.3d 134, the Court struck down an ordinance, much the same as the ordinance in issue herein, one which required conditional use permits for the operation of adult bookstores and of adult motion picture theaters. The City of Imperial Beach demanded that the defendant book store first obtain a conditional use permit, but the defendant refused to submit an application. The court affirmed the trial court's ruling that the ordinance was unconstitutionally vague and overbroad. Portions of the ordinance read: "Issuance criteria. After the public hearing, the planning commission may, by resolution, grant a conditional use permit if the commission finds, from the evidence presented in the application or at the hearing, that all of the following facts exist: para. A. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community; para. B. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; para. C. That the proposed use will comply with the regulations and conditions specified in this title for such use and for other uses permitted in the same zone; para. D. That the granting of such conditional use will be in harmony with the purpose and intent of this title and the general plan of the city." Subsections "C" and "D" of the Imperial Beach ordinance utilized a compatibility standard, one wherein the proposed use must comply with the conditions for other uses within the same zone and with the purpose of the general plan of the city.