mixed use regulations and development standards - Garden Grove

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Garden Grove Mixed Use ZonesZoning Ordinance AmendmentG. 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 ABClicensed establishment that surrenders its license to ABC, discontinues use of the licensefor 30 days, has its conditional use permit revoked, or vacates the property, shall berequired to file and have approved a new conditional use permit before reestablishingthe use;I. Any ABC licensed establishment not possessing a conditional use permit approved afterJanuary 1, 1986, when there is a change of ownership that requires an investigation bythe Department of Alcoholic Beverage Control pursuant to the provisions of Business andProfessions Code Section 23958, as may be amended from time to time; and/orJ. When the use of the establishment with an ABC license ceases to operate for more than90 days, the Conditional Use Permit that approved the sale of alcohol shall become nulland void. Reestablishment of the sale of alcohol shall require approval of a newConditional Use Permit.SECTION 9.18.060.040: Location and Related Requirements.A. In judging requests for alcoholic beverage sales, of particular concern will be the physicalrelationship and proximity of the proposed use to that of similar uses on surroundingsites; 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 onpublic health, safety or welfare will be created.B. The specified distance from any use listed in Section 9.18.060.020 (Restrictions on WhenPermitted) shall be a minimum of 200 feet or equal to the distance used by AlcoholicBeverage Control for ABC licensed establishments, as specified in the most recent ABCRules and Regulations and Procedural Manual. A conditional use permit may be deniedwhere the building housing a proposed on- or off-sale ABC licensed establishment doesnot maintain the specified distance from the indicated uses. Additional distancerequirements for certain uses are prescribed in Section 9.18.030 (Specific Uses – SpecialOperating 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 adverseeffect on public health, safety or welfare.D. The City shall provide for periodic on-site inspections of all uses for which a conditionaluse permit has been approved in accordance with this Chapter. Inspection shall be heldat no more than six month intervals to ensure compliance with all provisions of this andall other applicable ordinances.E. In the event the City has determined that a party holding a conditional use permit at agiven location is in violation of the conditions of the permit, the Zoning Administrator orthe Planning Commission, through the public hearing process, shall have the authority tosuspend the conditional use until such time as the property has been brought intocompliance and the City establishes that those conditions have been met.SECTION 9.18.060.050: Waiver of Distance and Location Provisions forResidential/Commercial Mixed Use Developments. For a residential/commercial mixeduse development project, as defined in this Title, any property owner or his or herSection 9.18.060: Alcohol Beverage Sales 60
Garden Grove Mixed Use ZonesZoning Ordinance Amendmentauthorized agent may, as part of the conditional use permit process, apply to the hearingbody for a waiver from the distance and location provisions contained in this Section relativeto 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 mixeduse 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 nearbyproperties, 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 ofneighboring property or cause or exacerbate the development of urban blight;C. That the proposed use will not unreasonably interfere with the operations of otherbusinesses or uses located on the same site;D. That the establishment of an additional regulated use in the area will not be contrary toany program of neighborhood conservation or revitalization, nor will it interfere with anyprogram being carried out pursuant to the community redevelopment law;E. That the establishment complies with all other distance and pedestrian and vehicularrequirements of this code; andF. That all applicable regulations of this code will be observed.The procedure for this hearing shall be the same as that provided in Section 9.32.30 (LandUse Actions) of this Title, with, among other matters, the same notice requirements, thesame right of appeal to the City Council, and the same fees payable by the applicant. TheCity Manager or designee shall prepare the necessary application form for this waiver.SECTION 9.18.060.060: Operational Conditions. All conditional use permits for ABClicensed establishments may include conditions of approval to ensure that the proposed useis 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 onpublic health, safety or welfare. In order to ensure that an ABC licensed establishment doesnot create an adverse impact on public health, safety or welfare, the following operationalconditions shall be required through the conditional use permit process:A. Hours of operation shall be permitted only between the hours identified in theconditional 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 policedepartment.D. The sound emitted from the premises shall not be audible outside the boundaries of theestablishment.E. Doors that open towards adjacent residential properties shall be kept closed during theoperation of the establishment, except in case of emergency.F. The operator of the ABC licensed establishment shall submit a signed letter agreeing tocomply with all conditions of approval.Section 9.18.060: Alcohol Beverage Sales 61
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