This section establishes criteria and conditions for uses that sell, serve, or allow consumption of alcoholic beverages.
(2814, 2012)
Alcohol sales, either on-sales or off-sales, shall only be permitted in association with the following uses, where such uses are allowed in a zone, and shall require issuance of a conditional use permit:
A. 
Bars and nightclubs.
B. 
Brew pubs and wine tasting establishments.
C. 
Catering.
D. 
Convenience stores.
E. 
Delicatessens.
F. 
Drug stores.
G. 
Florists, as an incidental use.
H. 
Liquor stores.
I. 
Minimarkets associated with service stations.
J. 
Restaurants.
K. 
Supermarkets.
L. 
Other uses similar to the above, as determined by the City Manager or designee.
(2814, 2012)
Any use that engages in on- or off-site retail sales of alcoholic beverages, and that is required to operate under a state alcoholic beverage control (ABC) license, shall be subject to the approval of a conditional use permit. A conditional use permit shall be required for the following actions:
A. 
An application for an original ABC license;
B. 
An application for a new ABC license;
C. 
Any change in the type of existing ABC license;
D. 
Premises-to-premises transfer of an existing ABC license;
E. 
Any change in floor area in an ABC licensed establishment;
F. 
Any change in operating characteristics and/or conditions of approval from what was originally approved by the City or by ABC, including but not limited to any change of hours of operation or entertainment;
G. 
A request to establish entertainment or dancing in an ABC licensed establishment;
H. 
Any ABC licensed establishment that has its license revoked or suspended, or any ABC licensed establishment that surrenders its license to ABC, discontinues use of the license for 30 days, has its conditional use permit revoked, or vacates the property, shall be required to file and have approved a new conditional use permit before reestablishing the use;
I. 
Any ABC licensed establishment not possessing a conditional use permit approved after January 1, 1986, when there is a change of ownership that requires an investigation by the Department of Alcoholic Beverage Control pursuant to the provisions of Business and Professions Code Section 23958, as may be amended from time to time; and/or
J. 
When the use of the establishment with an ABC license ceases to operate for more than 90 days, the conditional use permit that approved the sale of alcohol shall become null and void. Reestablishment of the sale of alcohol shall require approval of a new conditional use permit.
(2814, 2012)
A. 
In judging requests for alcoholic beverage sales, of particular concern will be the physical relationship and proximity of the proposed use to that of similar uses on surrounding sites; the compatibility of the proposed use with neighboring uses (i.e., schools, parks, religious institutions, hospitals and other similar uses), and that no adverse effect on public health, safety or welfare will be created.
B. 
The specified distance from any use listed in Section 9.18.060.020 (Restrictions on When Permitted) shall be a minimum of 200 feet or equal to the distance used by Alcoholic Beverage Control for ABC licensed establishments, as specified in the most recent ABC Rules and Regulations and Procedural Manual. A conditional use permit may be denied where the building housing a proposed on- or off-sale ABC licensed establishment does not maintain the specified distance from the indicated uses. Additional distance requirements for certain uses are prescribed in Section 9.18.030 (Specific Uses— Special Operating Conditions and Development Standards).
C. 
The proposed use shall not be incompatible with the adjoining uses as it relates to noise, debris, traffic, storage, design and hours of operation, nor shall it create any adverse effect on public health, safety or welfare.
D. 
The City shall provide for periodic on-site inspections of all uses for which a conditional use permit has been approved in accordance with this chapter. Inspection shall be held at no more than six month intervals to ensure compliance with all provisions of this and all other applicable ordinances.
E. 
In the event the City has determined that a party holding a conditional use permit at a given location is in violation of the conditions of the permit, the Zoning Administrator or the Planning Commission, through the public hearing process, shall have the authority to suspend the conditional use until such time as the property has been brought into compliance and the City establishes that those conditions have been met.
(2814, 2012)
For a residential/commercial mixed use development project, as defined in this title, any property owner or his or her authorized agent may, as part of the conditional use permit process, apply to the hearing body for a waiver from the distance and location provisions contained in this section relative to the specific uses within that mixed use development. The hearing body, after a hearing, may grant a waiver to any distance or location provision for a residential/commercial mixed use development project if the following findings can be made:
A. 
That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;
B. 
That the proposed use will not unreasonably interfere with the use and enjoyment of neighboring property or cause or exacerbate the development of urban blight;
C. 
That the proposed use will not unreasonably interfere with the operations of other businesses or uses located on the same site;
D. 
That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation or revitalization, nor will it interfere with any program being carried out pursuant to the community redevelopment law;
E. 
That the establishment complies with all other distance and pedestrian and vehicular requirements of this code; and
F. 
That all applicable regulations of this code will be observed.
The procedure for this hearing shall be the same as that provided in Section 9.32.030 (Land Use Actions) of this title, with, among other matters, the same notice requirements, the same right of appeal to the City Council, and the same fees payable by the applicant. The City Manager or designee shall prepare the necessary application form for this waiver.
(2814, 2012)
All conditional use permits for ABC licensed establishments may include conditions of approval to ensure that the proposed use is compatible with adjoining uses as it relates to noise, debris, parking, traffic, security, design and hours of operation, to ensure that the use does not create an adverse impact on public health, safety or welfare. In order to ensure that an ABC licensed establishment does not create an adverse impact on public health, safety or welfare, the following operational conditions shall be required through the conditional use permit process:
A. 
Hours of operation shall be permitted only between the hours identified in the conditional use permit.
B. 
Site lighting shall be required to illuminate the premises.
C. 
A state-licensed, uniformed security guard(s) shall be provided if requested by the Police Department.
D. 
The sound emitted from the premises shall not be audible outside the boundaries of the establishment.
E. 
Doors that open towards adjacent residential properties shall be kept closed during the operation of the establishment, except in case of emergency.
F. 
The operator of the ABC licensed establishment shall submit a signed letter agreeing to comply with all conditions of approval.
G. 
Signs shall comply with all applicable provisions of this code.
H. 
The property shall have properly maintained trash enclosures, parking area surfaces, parking stall striping, and other facilities as required by Sections 9.32.190 (Refuse Storage Areas), 9.32.200 (Property Maintenance), and other sections of this code.
I. 
The City reserves the right to review the conditional use permit three years from the date the conditional use permit is first approved and at three-year intervals thereafter, and add, amend or delete any conditions of approval based upon changed circumstances that necessitate a modification to the conditions of approval. The hearing body shall adopt findings in support of its action. The operator of the establishment shall be responsible for filing the application for the review.
J. 
The hearing body may approve additional conditions on any conditional use permit based upon the characteristics of the ABC licensed establishment and the area in which it is located.
(2814, 2012)
The City Manager or designee may perform administrative reviews of existing conditional use permits for state ABC licensed establishments. The purpose of the administrative review is to ensure that any conditions of approval originally approved by the hearing body are being complied with. If, upon review, the establishment has been found to be operating in compliance with the conditions of approval of the conditional use permit, and no changes to the conditions of approval are necessary, the City Manager or designee shall send a letter of compliance to the operator. In the event that, upon review of the conditional use permit, any violations of the conditions of approval have been found, or any changes to the conditions of approval or business operation are proposed, the review shall be considered by the Planning Commission at a duly noticed public hearing.
(2814, 2012)