Part 13.5

RELOCATED CARDROOM

Sections:

• A. No conditional use or planned development permit shall be issued for a relocated cardroom unless all of the following criteria are met:

  1. The lot or parcel to which a relocated cardroom proposes to relocate is not located closer than one hundred fifty feet from any lot or parcel, within our outside the city, situate in a residential district, or R-MH Mobilehome Park District, nor closer than five hundred feet from any

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§ 20.80.1155

school, college, university, or hospital location situate within or outside the city, nor closer than five hundred feet from another cardroom use, including without limitation another relocated cardroom, situate within or outside the city.

2. The lot or parcel to which a relocated cardroom proposes to relocate meets all locational criteria applicable to that relocated cardroom that may be set forth in federal, state or local law, regulation, license or other approval.

• B. In addition to the zoning districts in which a relocated cardroom may be conditionally permitted with a conditional use permit, a relocated cardroom may be allowed in a planned development zoning district, subject to the requirements of that district and the issuance of a planned development permit in accordance with the provisions of Part 8 of Chapter 20.100 of this title.

• C. Permits and approvals issued under this title are intended to promote and further the purposes of this title as set forth in Section 20.10.020 of Chapter 20.10 of this title, whereas those provisions related to cardrooms set forth in Title 16 of this Code are intended to further the purposes set forth in Section 16.02.010 of Chapter 16.02 of Title 16 of this Code. This provision is declarative of existing law.

• D. In addition to the findings required for the issuance of a conditional use permit or a planned development permit set forth elsewhere in this title, no conditional use permit or planned development permit for a relocated cardroom shall be issued unless all of following additional findings, based upon substantial evidence in the record, are made:

  1. The granting of the development permit would not violate any city, state or federal law, regulation or written policy; and

  2. The existing operations of a cardroom that desires to obtain a development permit to be a relocated cardroom are in full compliance with all city laws, regula-

tions, permits, approvals and written policies applicable to that existing cardroom as of the date of issuance of any development permit for a relocated cardroom; provided, however, that a determination of compliance with Title 16 of this Code shall mean and be limited to a determination that the existing cardroom possesses a current and valid cardroom permit under Title 16 of this Code; and

3. The granting of the development permit would not violate any court order; and

4. The location to which the relocated cardroom proposes to relocate meets the criteria of this part.

• Notwithstanding the above provisions of this subsection, no conditional use permit or planned development permit issued to a relocated cardroom pursuant to the provisions of this title shall impose restrictions or conditions upon a relocated cardroom for reasons that are based upon the regulatory authorities and concerns addressed by Title 16 of this Code and that have no articulated land use implication, basis or impact.

• E. For the purpose of making a finding under Section 20.100.720A.1. of Chapter 20.100 of this title, or other similar finding required for a land use determination under another section of this title, there shall be a rebuttable presumption that a relocated cardroom that holds a current and valid cardroom permit issued pursuant to the provisions of Title 16 of this Code will not, solely due to its status as a cardroom use, adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding area, nor impair the value of property of others located in the vicinity of the site, nor be detrimental to public health, safety or welfare. This provision shall not preclude a decision maker for a development permit or approval from finding that a relocated cardroom will adversely affect

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§ 20.80.1200

the peace, health, safety, morals or welfare of persons residing or working in the surrounding area of a relocated cardroom, or will impair the value of property of others located in the vicinity of the site, or will be detrimental to public health, safety or welfare, on grounds unrelated to and not based upon the mere status of the relocated cardroom use as a cardroom use.

• F. A determination of compliance with applicable laws, regulations, policies, permits, and other approvals made under this part shall be made only for the purposes of this part after review of information submitted for a development permit application. No such finding made under this part shall preclude a contrary finding from being made a future date or outside of the context of this part.

• G. Obtaining a development permit or other approval under the provisions of this title shall not be construed or deemed to be a license or permit to operate a relocated cardroom under the provisions of Title 16 of this Code or state or federal law nor in any way constitute a fulfillment of the requirement to obtain such an operational license or permit under Title 16 of this Code or under state or federal law.

• (Ord. 28579.)

devoted to manufacturing of artistic items, and shall be contiguous to the area of retail sales use; and

3. A minimum of twenty percent of the total floor area shall be devoted to retail sales; and

4. All activities, except for activities that conform to Section 20.40.520 or Section 20.75.320, shall be conducted in a fully enclosed building; and

5. The use shall conform to all applicable building and fire code regulations of the City of San José.

• B. A retail art studio that does not conform to all of the requirements set forth in Section 20.80.1175 A. may be allowed through the approval of a special use permit.

• (Ords. 28858, 30603.)

Part 14

SEASONAL SALES

Sections: