San Fernando Municipal Code Div. 7 Conditional Use Permits

Under this chapter, conditional uses are those uses which have a special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to fixed and established standards. This review shall determine whether the proposed use should be permitted by weighing the public need for and the benefit to be derived from the use against the impact which it may cause.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Application for a conditional use permit shall be filed according to division 1 of this article.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Upon receipt in proper form of a conditional use permit application, a public hearing shall be set, and notice of such hearing given in a manner consistent with the requirements contained in division 2 of this article.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

An investigation of the facts for each conditional use permit application shall be made by members of the planning and preservation commission or by its staff to ensure that the action on each application is consistent with the intent and purpose of this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Following a public hearing on the conditional use permit application, the planning and preservation commission shall record its decision in writing and shall recite therein the findings of fact upon which it bases its decision.

(b) The commission may approve and/or modify a conditional use permit application in whole or in part, with or without conditions, only after it makes all of the following findings of fact:

(1) The proposed use is one conditionally permitted within the subject zone and complies with all of the applicable sections of this chapter.

(2) The proposed use would not impair the integrity and character of the zone in which it is to be located.

(3) The subject site is physically suitable for the type of land use being proposed.

(4) The proposed use is compatible with the land uses presently on the subject property.

(5) The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located.

(6) There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

(7) There would be adequate provisions for public access to serve the subject proposal.

(8) The proposed use would be appropriate in light of an established need for the use at the proposed location.

(9) The proposed use is consistent with the objectives, policies, general land uses and programs of the city's general plan.

(10) The proposed use would not be detrimental to the public interest, health, safety, convenience or welfare.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

No permits shall be issued for any use involved in an application for approval of a conditional use permit unless and until the conditional use permit shall have become final, which includes payment of applicable fees for development and signing a statement accepting the conditions of approval included in the approved conditional use permit.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

To ensure continued compliance with this chapter, each approved conditional use permit shall include conditions of project approval that must be complied with in their entirety for the life of the project or until the use approved under the conditional use permit is amended or revoked pursuant to the requirements of this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) The planning and preservation commission may, on its own motion, or shall, upon direction of the city council, hear matters pertaining to revocation of conditional use permits granted under or pursuant to this chapter. The planning and preservation commission shall hold a public hearing regarding such matters. Notice of such hearing shall be published once in a newspaper of general circulation within the city and shall be served in writing either in person or by registered mail on the owner of the property for which such conditional use permit was granted at least ten days prior to such public hearing.

(b) A conditional use permit may be revoked if the planning and preservation commission finds that one or more of the following conditions exist:

(1) Circumstances have changed to such a degree that one or more of the findings of fact contained in section 106-909 or, if applicable, section 106-941, can no longer be made.

(2) The conditional use permit was obtained in a fraudulent manner.

(3) The use for which the conditional use permit was granted has ceased or was suspended for six or more successive calendar months.

(4) One or more of the conditions of the conditional use permit have not been complied with.

(5) The use has become detrimental to health, public welfare or safety and has been deemed to be a public nuisance pursuant to this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Conditional use permits granted pursuant to the provisions of this chapter that are valid and in effect, shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the use permit application. However, should the activity approved by the use permit not be exercised for a consecutive period of one year with two six-month extensions as approved by the director, the use permit shall be deemed to be expired and shall become null and void. An applicant may request an extension by filing a written application with the director at least 30 days, but no more than six months prior, to the expiration of the approval. Upon expiration, further continuation of the activity on-site will require approval of a new conditional use permit.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The purpose of this subdivision is to preserve a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of business establishments that include the sale of alcoholic beverages. The city recognizes the need to revitalize the city's commercial districts by promoting hospitality, entertainment, recreation and related business that may include the sale of alcoholic beverages as an important part of their business operation. The city also recognizes that alcohol abuse can have an adverse impact on the environment that not only jeopardizes the city's long term redevelopment strategies for revitalization of the commercial districts but can also seriously affect the public health, safety, and general welfare in the surrounding areas, including the residential neighborhoods.

The intent of this subdivision is to address and prevent alcohol-related impacts, including drunk driving, public inebriation, littering, loitering, obstruction of pedestrian and vehicular traffic, harassment of passerby's, encouragement of crime, defacement of buildings or structures, graffiti, excessive noise and other similar zoning problems and public nuisance activity.

The following provisions shall apply to the sale of alcoholic beverages for onsite or offsite consumption, as applicable, and are in addition to the provisions set forth in sections 106-867 through 106-875.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) In addition to those findings set forth in section 106-871, applications for conditional use permits involving any use that involves the sale, serving, and/or consumption of alcoholic beverages shall require the planning and preservation commission to make the following findings:

(1) That the existing or proposed use does not or will not encourage or intensify crime within the reporting district that it is located;

(2) That the existing or proposed use does not or will not adversely impact any residential use, church, hospital, educational institution, day care facility, park, or library within the surrounding area;

(3) That the distance separation requirements in section 106-905 are met;

(4) If required by section 106-906, that the existing or proposed use will serve a public convenience or necessity, as defined in section 106-906.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) The planning and preservation commission may approve an application for a conditional use permit to allow for the sale of alcoholic beverages only if it finds that the proposed use meets the following applicable distance separation requirements:

(1) A minimum 600 feet from any residential use, church or other place of worship, hospital, educational institution, nursery school, day camp, day care center, public park, or playground, as measured from the closest property line of each use;

(2) A minimum 600 feet from similar off-sale or on-sale outlets, as applicable.

(b) In addition, the planning and preservation commission may approve an application for a conditional use permit to allow for the sale of alcoholic beverages at a liquor store only if it finds that the proposed use meets the following applicable distance separation requirements:

(1) A minimum 1,000 feet from any residential use, church or other place of worship, hospital educational institution, nursery school, day camp, day care center, public park, or playground as measured from the closest property line of each use;

(2) A minimum 1,000 feet from another liquor store.

(c) Exceptions. The following uses have no distance separation requirements:

(1) Bona fide public eating places.

(2) Drug stores, grocery stores, supermarkets, or specialty food stores.

(3) Businesses manufacturing or wholesaling alcoholic beverages where permitted or conditionally permitted within the industrial zones.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Whenever a request for a determination of public convenience or necessity in connection with the issuance of a license for the sale of alcoholic beverages by the ABC is submitted to the city as allowed under Business and Professions Code § 23958.4, as the same may be amended from time to time, the planning and preservation commission, in making that determination, shall consider the following:

(1) Whether the sale of alcoholic beverages as part of the proposed use would serve a niche market in the city that would not otherwise be filled by other existing businesses with alcoholic beverage licenses in the surrounding area;

(2) The extent to which the proposed use enhances the convenience of purchasing alcoholic beverages in conjunction with other specialty food sales or services;

(3) The extent to which the proposed use in conjunction with the redevelopment of an existing or proposed building or structure will enhance the architectural character at the location of the proposed use and the surrounding area;

(4) The manner in which the proposed use is to be conducted (special or unique features), including the extent to which the proposed use will include training of employees through ABC or an authorized third party to assure well-trained staff knowledgeable in the serving of alcoholic beverages safely, responsibly, and legally as well as in order to prevent illicit drug activity at the location of the proposed use;

(5) The extent to which the proposed use compliments uses in the surrounding area;

(6) The extent to which the proposed use, location, and/or operator has a history or law enforcement problems;

(7) The crime rate in the reporting district as compared to neighboring districts in the city and/or adjacent cities;

(8) The number of alcohol-related police calls for service, crimes or arrests in the reporting district and adjacent districts within the city.

(b) Nothing contained in this subsection shall be deemed or construed as requiring the planning and preservation commission to issue a determination of public convenience or necessity under this subsection, or as conferring upon the applicant a right to have a determination of public convenience or necessity.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The following uses are exempt from the requirements of section 106-904:

(1) Florist shops, provided the sale of alcoholic beverages in the premises are an incidental part of floral arrangements;

(2) Catering businesses with a required license from ABC that is maintained in good standing;

(3) Temporary alcohol sales as part of a special event that is catered by an ABC-licensed business not otherwise associated with an on-sale or off-sale CUP, subject to approval by the director or designee;

(4) Clubs with a club license, except that rental of halls or other onsite facilities for private events are not exempt and would require approval of an on-sale CUP; and

(5) Use that is a legally non-conforming use for the sale of alcoholic beverages prior to the enactment of this section, so long as it maintains an ABC license in good standing and is in compliance with all prior conditions of approval required as part of any city issued permits.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) In addition to those conditions of approval which the planning and preservation commission may otherwise impose, all off-sale CUPs shall be subject to the following standard conditions:

(1) No beer or wine shall be displayed within five feet of the cash register or the front door unless such item is in a permanently affixed cooler.

(2) No display or sale of alcoholic beverages shall be made from an ice tub. An "ice tub" is a vessel filed with ice that displays single servings of alcoholic beverages for customer self-service.

(3) No sale of alcoholic beverages shall be made from a walk-up or drive-in window.

(4) Alcoholic beverages and non-alcoholic beverages shall be stocked and displayed separately.

(5) The sales area shall be located so that the clerk and customer are fully visible from the street at the time of the sales transaction.

(6) The cash register and sales area shall be illuminated so as to provide clear observation for law enforcement surveillance.

(7) Alcoholic beverages shall not be consumed on the premises.

(8) No off-sale outlet selling alcohol may use a self-service checkout system.

(9) Interior and exterior signs stating the consumption of alcoholic beverages on the premises is prohibited by law shall be conspicuously posted onsite.

(b) In addition to those conditions of approval which the planning and preservation commission may otherwise impose, all on-sale CUPs shall be subject to the following standard conditions:

(1) Alcoholic beverages shall not be permitted to be consumed in the parking area or other exterior areas of the premises, except for designated outdoor areas approved as part of the CUP application;

(2) Alcoholic beverages shall not be sold for consumption off the premises;

(3) The hours of operation, including deliveries to the proposed establishment, shall be reviewed and approved by the planning commission as part of the CUP application in order to ensure compatibility with the surrounding area;

(4) All employees who serve or sell alcoholic beverages shall successfully complete a responsible beverage service training program that meets the requirements of ABC. Records of such training shall be maintained on the premises and made available to the police department personnel upon request;

(c) In addition to those conditions of approval which the planning and preservation commission may otherwise impose, both off-sale and on-sale CUPs shall be subject to all of the following standard conditions:

(1) Loitering in the public right-of-way, parking area and in front of adjacent properties is prohibited.

(2) Windows shall comply with the city's sign regulations in order to provide clear and unobstructed view of the cash register and sales area from the parking lot and street. Exceptions for on-sale outlets may be reviewed and approved by the chief planning official.

(3) The following signs shall be conspicuously posted onsite:

a. Exterior signs referencing Penal Code § 602.1. Such signs shall be clearly visible from the establishment's parking area and shall include the police department's phone number.

b. An interior sign in English and Spanish stating: "We ID everyone under 26 years of age for alcohol sales" with minimum dimensions of eight inches by 11 inches.

(4) Exterior public telephones that permit incoming calls shall not be located on the premises.

(5) Electronic games, including video games, shall not be located on the premises.

(6) Exterior lighting of the parking area shall provide adequate lighting for patrons while not producing glare or light spillover disturbing surrounding residential or commercial areas.

(7) A security camera system approved by the police department shall be installed on the premises and shall be maintained in proper working order at all times. The security camera system shall be subject to inspection by the police department. The system must be capable of producing retrievable images on film or tape that can be made a permanent record and that can be enlarged through projection or other means. The video or digital recordings generated by the system shall be maintained for a period of 30 days.

(8) The establishment shall implement preventive architectural design features as approved by the chief of police and the chief planning official in order to maintain a secure site by controlling access to the facility, open sight lines, adequate lighting levels, ambient noise levels and circulation patterns.

(9) Special security measures such as security guards, door monitors, and burglar alarms systems may be required as a condition of approval with final determination made by the chief of police and the chief planning official on a case-by-case basis.

(10) Litter and trash receptacles shall be located at convenient locations both inside and outside the establishment, and trash and debris shall be removed on a daily basis.

(11) The exterior of the establishment, including all signs, accessory buildings and structures shall be maintained free of litter and graffiti at all times. All graffiti shall be removed from the premises within 24 hours of its discovery.

(12) With regard to those CUP applications that are approved based in part upon the fact that alcohol sales on the premises are incidental to the sale of other products, proof satisfactory to the chief planning official shall be annually submitted to show that the sale of alcohol has remained incidental to the sale of other products.

(13) Within 30 days of approval of the CUP, applicant shall certify his or her acceptance of the conditions placed on the approval by signing a statement that he or she accepts and shall be bound by all of the conditions.

(14) Violation of, or noncompliance with, any of the conditions shall constitute grounds for revocation of the CUP.

(15) Expansion or enlargement of the business premises over the life of the structure or the use shall be subject to the CUP approval process.

(d) The planning commission or the city council, whichever the case may be, may waive or modify the enumerated standard conditions, based upon the particular circumstances of the proposed use and provided the required findings for the approval of a conditional use permit as set forth under section 106-909 can be made despite the exclusion or modification of certain standard conditions and the following additional findings are made:

(1) The condition(s) is/are unnecessary or infeasible given the proposed use or are less stringent than, or in conflict with, more stringent conditions and requirements of the alcohol sales license issued by the California Department of Alcoholic Beverage Control under which the contemplated sales are authorized.

(2) The applicant has submitted information that is substantial and compelling to support the waiver or modification of the enumerated standard(s).

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

In addition to the conditions justifying revocation under section 106-874, an off-sale or on-sale CUP may be revoked under any of the following circumstances:

(1) Upon the issuance of, and conviction for, three zoning violation citations;

(2) Upon the revocation of the alcoholic license by ABC;

(3) Upon any two disciplinary actions by ABC in the form of a fine or suspension of the alcoholic license, during the term of the CUP; or

(4) Where conditions and activities on and/or adjacent to an off-sale or on-sale outlet, as defined herein, interfere with the quiet enjoyment of life and property in the neighborhood, or are or tend to be, injurious to health and safety of persons in the neighborhood. These include, but are not limited to, the following:

a. Excessive noise, noxious smells or fumes, loitering, littering, curfew violations, disturbing the peace, illegal drug activity, public drunkenness, drinking in public, public urination, public vandalism, graffiti, lewd conduct, gambling, harassment of passersby, prostitution, sale of stolen merchandise, illegal parking, traffic violations, theft, assaults, batteries;

b. Illegal sale, manufacture, storing, possession, distribution of alcoholic beverages; or

c. Police detention, citation, and/or arrests for these or any other unlawful activity attributed to the sale and/or consumption of alcoholic beverages declared by the city to be a public nuisance.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)