Chapter 18.100 — LATE-NIGHT BUSINESSES

As used in this chapter, "late-night businesses" means retail businesses that are open anytime between the hours of twelve midnight and six a.m. (Prior code 9999.0006; Ord. 703 § 4, 1985)

The planning commission is authorized to grant a conditional use permit for late-night businesses, subject to the provisions of this chapter and Section 18.108.030 of this title. In granting such permits, the planning commission shall impose such conditions necessary to safeguard the health, safety and general welfare of the residents and businesses of the city. (Prior code § 9999.0005; Ord. 703 § 4, 1985)

Late-night businesses are subject to conditional use permit approval, within the C-P-D commercialprofessional development zone and specific plan areas where appropriately designated, only if located within three hundred feet of a residential zone, residential use, church or school. Location shall be measured from the business's exterior property line to the closest residential, school or church property line.

(Prior code § 9999.0007; Ord. 703 § 4, 1985)

• A. When making its decision to approve or deny a conditional use permit, the planning commission shall consider the impacts upon surrounding uses, schools, including, but not limited to, other similar uses, schools, churches and residential uses, as well as the extent of available on-site parking and other site characteristics.

• B. In its review of a conditional use permit request, the planning commission may consider and specify conditions to deter outdoor congregation by patrons, to limit the hours and method of operation in order to achieve land use compatibility and to discourage illegal or undesirable activities. The city's regulation of hours shall not conflict with regulation by the Alcoholic Beverage Control Board.

(Prior code § 9999.0008(A, B); Ord. 703 § 4, 1985)

Amusement devices or arcades located within commercial establishments engaged in the on-site sale or off-site sale of alcoholic beverages shall be regulated through Chapter 18.84 of this code. (Prior code § 9999.0008(C); Ord. 703 § 4, 1985)

• A. Any late-night business within three hundred feet of a residential zone, residential use, church or school in existence and lawfully operating before December 30, 1984, is a legal nonconforming use. The planning commission may at any time require that a particular legal nonconforming late-night business obtain a conditional use permit if it determines that such business is being operated in such a manner that it creates a nuisance to surrounding uses. The planning commission may also require a conditional use permit for any late-night business located further than three hundred feet from the business's exterior property line from the closest residential school or church property line, if it determines that such business is being operated in such a manner that it creates a nuisance to surrounding uses.

• B. Possession of and compliance with a conditional use permit for any late-night business issued by the city before December 30, 1984, shall constitute compliance with this section.

• (Prior code § 9999.0009; Ord. 703 § 4, 1985)