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19.26.040 Uses requiring conditional use permits.
The following uses may be permitted in the CPD zone, if a conditional use permit is obtained in the manner provided in Chapter 19.62 of this code and such use conforms to every term and condition of the permit. A permit for any of these uses may be granted by the planning commission if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare, or to the property in the vicinity or zone in which the use will be situated; that such effects can be prevented with the imposition of conditions, and that the permit is necessary for the owner of the property to make reasonable use of the property:
M. The concurrent retail sale of beer and/or wine with a service station; (reserved) N. The concurrent use of mini-marts with a service station; (reserved) 1 S. Alcohol beverage establishments, off-sale;
1. Off-sale alcohol beverage establishments that are 1,320 linear feet or less from an interchange with the U.S. 101 right-of-way must be operated within a structure that exceeds 7,500 square feet in net building area.
19.58.119 - Nonconforming alcoholic beverage establishments, retail off-sale.
Off-sale alcoholic beverage establishments properly licensed at the time of adoption of the ordinance codified in this section are considered a legal nonconforming use and may remain in use. ; however, the use may not be expanded or extended into any other portion of the conforming building or structure in which the use is located unless a conditional use permit is obtained. The discontinuance of a legal nonconforming use of a conforming building or structure for a period of one hundred eighty days or more constitutes abandonment and termination of the nonconforming use, and thereafter the use of the conforming building or structure must conform to the regulations of the applicable zone classification. A change of ownership of an off- sale alcoholic beverage establishment will not change the legal nonconformity status of the use.
A. Continuation of Nonconforming Use
A legally established nonconforming alcohol use may continue, provided it remains in continuous operation and is not expanded or extended beyond its original scope except as otherwise noted in this section. Changes in ownership, tenancy, or management will not affect the nonconforming status of the use. The discontinuance of a legal nonconforming alcohol use in a conforming building or structure for a period of one year (365 days) or more constitutes abandonment and termination of the nonconforming use, and thereafter the use of the conforming building or structure must conform to the conforming uses of the applicable zone.
B. Expansion of Alcohol Sales Area
1. For legal nonconforming uses involving the retail off-sale of alcoholic beverages, an increase in the alcohol sales area may be permitted within the existing conforming structure, provided that the total area devoted to alcohol sales does not exceed 8 5
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forty-nine percent (49%) of the sales floor area of that structure as it existed at the time the use became nonconforming.
2. This allowance does not permit any expansion of the building with the intent of increasing the alcohol sales areas.
3. Any proposed expansion or extension of a nonconforming use or structure regulated by this section requires approval of a Conditional Use Permit pursuant to this Title.
4. Unless otherwise noted, reconstruction, remodels, alterations or expansion of a nonconforming use, structure, or building, regulated by this chapter may be authorized with a Conditional Use Permit.
C.Involuntary Damage or Destruction
In the event a structure housing a legal nonconforming alcohol use is damaged or destroyed by fire, flood, earthquake, or other calamity not caused by the property owner or tenant, the nonconforming use may be reinstated, subject to the following conditions:
1. A building permit for repair or reconstruction is obtained within twelve (12) months of the date of damage or destruction.
2. Repair or reconstruction is diligently pursued to completion.
3. The restored structure does not expand or extend the nonconforming use beyond its original scope except as otherwise allowed in this section.
4. The Community Development Director may extend the twelve (12) month period upon a showing of good cause due to circumstances beyond the control of the property owner.
D.Voluntary Remodeling
Structures with legal nonconforming uses may be voluntary remodeled provided:
1. The remodeling does not increase the intensity of the nonconforming use such that it changes the character or purpose of the nonconforming use, except as otherwise allowed in this section.
2. A building permit for the remodeling is obtained, and the work is diligently pursued to completion within a reasonable time, as determined in the sole and absolute discretion of the Community Development Director.
E.Demolition and Reconstruction
A legal nonconforming alcohol use may continue operating following complete demolition and reconstruction of the structure it occupies, subject to the following conditions:
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1. The new structure does not increase the intensity of the nonconforming use such that it changes the character or purpose of the nonconforming use, except as otherwise allowed in this section.
2. The reconstruction complies with all applicable law, including, without limitation, this Code.
3. A building permit for reconstruction is obtained within twelve (12) months of demolition, and the work is diligently pursued to completion.
9.12.020 - Maintenance of property—Public nuisance.
It is declared to be a public nuisance for the owner and/or occupant of any lot in the City of Camarillo to maintain or permit the maintenance of any such lot:
W. Any violation of Chapter 9.32 of this code. That sells, serves, or distributes alcoholic beverages, and which, by virtue of its operation, management, or associated activities, results in or contributes to adverse impacts on the public health, safety, peace, or general welfare of the surrounding community, including, without limitation:
1. Repeated disturbances of the peace, including but not limited to: fights, loud or unruly behavior, harassment, public intoxication, or other disorderly conduct.
2. Criminal activity, including illegal drug use or sales occurring on or adjacent to the premises.
3. Excessive or persistent noise, especially during late-night hours, in violation of City noise ordinances.
4. Litter, graffiti, property damage, or vandalism attributable to patrons or the business’ operations.
5. Failure to implement and maintain security measures, such trained personnel, lighting, surveillance cameras, or other conditions of approval.
6. Sale or furnishing of alcoholic beverages to minors.
7. A pattern of calls for service to law enforcement, fire, or code enforcement related to nuisance behavior, criminal activity, or safety issues originating from the premises.
X. Any violation of Chapter 9.32 of this code.