Chapter 15.71 — ADMINISTRATIVE RESTAURANT USE PERMIT

§ 15.71.010 INTENT AND PURPOSE. ¶

(A) The intent of this chapter is to ensure that restaurants with on-site alcohol sales are compatible with surrounding land uses and businesses, and are consistent with the goals and objectives of the General Plan.

(B) The purpose of this chapter is to establish standards and procedures to facilitate the orderly operation of restaurants with on-site alcohol sales as a normal part of their business practices.

(Ord. 3270, passed - -2019)

§ 15.71.020 PERMIT REQUIRED. ¶

Restaurants with on-site alcohol sales, as defined in Chapter 15.04 must obtain an administrative restaurant use permit (ARUP) prior to beginning such alcohol sales.

(Ord. 3270, passed - -2019)

§ 15.71.030 APPLICATION. ¶

An application, in a form approved by the Director of Community and Economic Development, for an administrative restaurant use permit shall be filed with the Community and Economic Development Department along with any applicable fees for this application type as established by the City Council.

(Ord. 3270, passed - -2019)

§ 15.71.040 STANDARD OPERATING CONDITIONS. ¶

Restaurants requesting an administrative restaurant use permit shall be subject to the operational standards contained within Chapter 15.31 for establishments wishing to sell alcoholic beverages for on-site consumption.

(Ord. 3270, passed - -2019)

§ 15.71.050 PROCEDURE FOR REVIEW. ¶

An ARUP or an amendment to an ARUP shall be reviewed and approved by the Zoning Administrator, or designee according to the following procedure.

(A) Administrative restaurant use permits (ARUP) public hearing.

(1) At least ten calendar days prior to the public hearing, notice of the hearing shall be mailed to the applicant, owner and situs of property within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses.

(2) At least ten calendar days prior to the public hearing, a notice of the hearing shall be posted at the project site in clear public view. (B) Approval. The application to the Zoning Administrator may be approved with conditions or denied. Approvals shall be subject to the operational standards contained within Chapter 15.31, and those conditions the Zoning Administrator, or designee finds necessary to ensure compatibility with the surrounding area and the General Plan.

(C) Decisions final. Decisions of the Zoning Administrator or his or her designee shall be final, unless appealed. (Ord. 3270, passed - -2019)

§ 15.71.060 FINDINGS. ¶

In order to grant an administrative restaurant use permit, the Zoning Administrator must make the following findings:

(A) The proposed use is permitted in the zone and complies with all applicable zoning standards;

(B) The proposed use is consistent with the goals and policies of the General Plan of the city or any specific plan applicable to the area of the proposed use; and

(C) The proposed use as conditioned will not be incompatible with the surrounding area or those persons residing or working in the vicinity.

(Ord. 3270, passed - -2019)

§ 15.71.070 APPEALS. ¶

Decisions of the Zoning Administrator or his or her designee may be appealed to the Planning Commission, and decisions of the Planning Commission may be appealed to the City Council. Procedures for appeals shall be as prescribed by § 15.70.060 . (Ord. 3270, passed - -2019)

§ 15.71.080 REVOCATION/EXPIRATION. ¶

(A) Revocation shall follow the process and procedures specified in Chapter 15.70 .
(B) Revocation of an administrative restaurant use permit shall be based on one or more of the following findings:
(1) The permit was issued on the basis of erroneous or misleading information or mis- representation;
(2) The terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated;
(3) The establishment for which the permit was issued is being operated in an illegal or disorderly manner;
(4) The business or establishment for which the permit was issued has had or is having an adverse impact on the health, safety or welfare of the neighborhood or the general public; and
(5) The business or establishment fails to comply with the rules, regulations and orders of the State Department of Alcoholic Beverage Control (ABC) or the terms and conditions of its ABC permit.

(C) In the event that a the use requiring an ARUP is not used, has expired, or is found to be voluntarily abandoned for a period of 365 consecutive days, the ARUP shall automatically become expired and any new use at this location shall be required to apply for a new ARUP in accordance with the provisions of this title.

(Ord. 3270, passed - -2019)

§ 15.71.090 AMENDMENTS TO AN ADMINISTRATIVE RESTAURANT USE PERMIT (ARUP). ¶

(A) Generally. An amendment to an administrative restaurant use permit shall be required for any of the changes listed in this section.
(B) Major changes. A Zoning Administrator shall be required for any major amendment to an administrative restaurant use permit pursuant to the procedure established in this chapter.
(1) Major changes include any of the following:
(a) Any increase in the hours of operation past 12:00 a.m.;
(b) Any change in the type of alcohol license (ABC license) required by the state;
(c) Major changes to the floor plan or seating which results in a substantial increase in the seating or occupancy, as determined by the Director of Community and Economic Development; and/or
(d) Any material changes in the conditions of approval except in the case where the new or amended condition(s) is/are equivalent to or more restrictive than the prior approved condition(s).
(C) Minor changes.
(1) The Director of Community and Economic Development may administratively approve minor amendments to an administrative restaurant use permit.
(2) Minor changes include any of the following:
(a) Any change which does not constitute, either individually or cumulatively, a major change in operational characteristics;
(b) Any increase in the hours of operation before 12:00 a.m.;
(c) The introduction of entertainment (Minor Acoustical) as that term is defined in this title;
(d) The addition of any pool tables or amusement devices;
(e) Minor changes to floor and seating plans which do not result in a substantial increase in seating occupancy, as determined by the Director of Community and Economic Development; and
(f) The introduction of valet parking.
(Ord. 3270, passed - -2019)