Establishments that include the sale of alcoholic beverages for off-site use or consumption may be allowed in the C-N zone upon issuance of a conditional use permit. The Zoning Administrator shall hold a public hearing in accordance with CVMC 19.14.060 through 19.14.090 upon giving notice thereof in accordance with CVMC 19.12.070 and 19.12.080. A conditional use permit shall not be granted unless the Zoning Administrator or other issuing authority finds in his or her sole discretion, and based on substantial evidence in view of the entire record, that all of the facts required by CVMC 19.14.080 exist, and that approval of the permit will not result in an overconcentration of such facilities. Overconcentration may be found to exist based on (A) the number and location of existing facilities; (B) compliance with State Alcohol Beverage Control overconcentration standards in effect at the time of project consideration; (C) the impact of the proposed facility on crime; and (D) the impact of the proposed facility on traffic volume and traffic flow. The Police Department or other appropriate City departments may provide evidence at the hearing. A permit to operate may be restricted by any reasonable conditions including, but not limited to, limitations on hours of operation. The decision of the Zoning Administrator may be appealed.

Such appeal shall be directed to the Planning Commission and must be filed in writing on forms provided by the Development Services Department with the City Clerk’s Office within 10 business days after the decision is made, as provided in CVMC 19.14.100, and accompanied by the required appeal fee(s). Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If a valid appeal application is received within the time limit, the City Clerk’s Office shall notify the Director of Development Services who will take no longer than 30 calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The Planning Commission must make the same written findings required of the Zoning Administrator herein in order to grant the permit, and the decision of the Planning Commission shall be final. (Ord. 3563 § 13, 2024; Ord. 3544 § 12, 2023; Ord. 3153 § 2 (Exh. A), 2010).