HomeMy WebLinkAboutAGENDA REPORT 1997 0702 CC REG ITEM 08ATO:
FROM:
DATE:
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The Honorable City Council
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BY:
Nelson Miller, Director of Community Deve
June 24,1997 (City Council Meeting of July 2, 1997)
SUBJECT: ZONING ORDINANCE AMENDMENT NO. 97 -02 TO ESTABLISH PERMIT
PROCESSES FOR BUSINESSES SELLING ALCOHOLIC BEVERAGES
(CONTINUED FROM JUNE 18, 1997)
At the meeting of June 18, 1997, this item was continued to allow
revisions to the draft ordinance and to address issues raised by
the City Attorney's office. The proposed amendment was previously
continued form June 4 to review options for consideration.
On June 4, 1997, City Council also extended the moratorium on the
issuance of new permits for alcoholic beverage sales in the City,
which was initially established under Ordinance No. 221 on
December 4, 1996. The moratorium was extended to June 30, 1997, by
Ordinance No. 222, and again extended on June 4, to August 30,
1997, by Ordinance No. 232. No further extensions are allowed.
At the meeting of June 18, 1997, there appeared to be consensus of
the Council to allow "on- sale" beer and wine with an eating place
(ABC License types 41 & 59) with an Administrative Permit.
Administrative Permits are approved by the Director of Community
Development. These then become essentially permitted uses, which
may be conditioned to assure compliance with the requirements of
the Zoning Code. City Council also discussed elimination bf the
conditions specified in the Code. However, the representative of
the City Attorney's office, Ken Rozell, suggested the City may wish
to keep specified conditions and also consider additional findings,
in order to provide a basis for consideration of permit requests.
Attached is an excerpt from the City of Los Alamitos, which Mr.
Rozell suggested the City may wish to consider.
All other businesses proposing to sell alcoholic beverages would
require a Conditional Use Permit subject to approval by t�heity
Council. Council also discussed whether this could come di]eAbtly
to City Council without first being reviewed by the Planning
Commission. State law does not require the Planning Commission to
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Zoning Ordinance Amendment No. 97 -02
July 2, 1997
Page 2
make recommendations to the City Council on Conditional Use
Permits, although it is currently required by Section 17.44.030A1b
of the Moorpark Code and by City Council Resolution No. 95 -1135.
The draft ordinance included with the staff report would allow "on-
sale" with beer and /or wine with an eating place with an
Administrative Permit approved by the Director of Community
Development. All other applications would be subject to approval
of a Conditional Use Permit by City Council. The ordinance would
also modify the Code section to provide an exception for
Conditional Use Permits for alcoholic beverages which would not
require review by the Planning Commission. Council may also wish
to direct a review a Resolution No. 95 -1135, which established
certain permit approval processes. The draft ordinance retains the
conditions previously identified and adds two findings from the Los
Alamitos findings. The other findings in the Los Alamitos Code
regarding distances between similar uses and to other uses could
preclude several of the applications which have been discussed or
which have been recently approved or submitted. Therefore, these
findings were not included.
1. Determine that the modifications to the City's Zoning
Ordinance are categorically exempt pursuant to State CEQA
Guidelines Section 15061 (b) (3).
2. Adopt the ordinance amending the Zoning Code as Amendment No.
97 -02; to establish permit processes and conditions for
businesses selling alcoholic beverages.
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3. Adopt Resolution No. rescinding Resolution No. 95 -1170
and also rescinding previous City Council Policy No. 35
relating to Food Service and Liquor Sales Guidelines, adopted
April 19, 1989, and amending Resolution No. 95 -1135 to provide
an exception for Planning Commission review and
recommendations of Conditional Use Permits for sale of
alcoholic beverages.
Attachment: Draft Ordinance Amending Municipal Code Sections
17.20.060 and 17.44.030.
Draft Resolution No.
Excerpt from Los Alamitos Code
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17.24.210
d. The proposed use must comply with all State
Fire Marshal requirements for building and safety
which apply to large family day care homes, and
with all local building and fire codes which apply
to single - family residences.
e. The provider must secure a large family day
care home license from the Orange County social
services department prior to issuance of a certificate
of use and occupancy for the large family day care
home.
f. Play equipment shall be located in a secured
area and all outdoor play areas shall be landscaped.
g. The large family day care home shall not be
located within a radius of three hundred (300) feet,
measured from the property lines of the subject
property, of an existing large family day care home.
h. The facility shall be operated in a manner so
as not to appear as a commercial operation, and the
property shall be maintained to preserve the general
appearance and character of the residential neighbor-
hood. -
5. If the applicant is dissatisfied with the deci-
sion of the community development director, the
applicant may appeal in writing to the planning
commission within ten days of the director's deci-
sion.
6. The community development department shall
be authorized to collect a fee necessary to process
the modified conditional use permit for a large
family day care home. (Ord. 589 § 2, 1995: Ord.
535 § 1 (part), 1990)
17.24.220 Alcoholic beverage retail sales.
A. Alcohol beverage retail sales for off -site
consumption subject to the approval of a conditional
use permit This section shall apply to:
1. Establishments which do not currently but
propose to sell alcoholic beverages for consumption
off -site;
2. Establishments which currently sell alcoholic
beverages for consumption off -site but which pro-
pose to change the type of alcoholic beverages to be
sold (change the type of retail liquor license within
a license classification);
am AWaiwc U -95)
--3:. Off -site establishments which currently sell
alcoholic beverages if the establishment substantially
changes its mode or character of operation, which
includes but is not limited to either a ten percent
increase in floor are& or a twenty-five (25) percent
increase in facing used for the display of alcoholic
beverages; and
4. Off -site establishments which have been
abandoned or have discontinued operation for three
months. The burden of proof shall be upon the
applicant to determine when the establishment was
in operation.
B. In addition to the findings required pursuant
to Section 17.54.050 (D), a conditional use permit
application shall be approved where the information
submitted by the applicant or presented at the public
hearing, substantiates the following:
1. The requested use at the proposed location
will not adversely affect the use of a school, park,
playground, church, temple or other place used
primarily for religious worship, or similar uses
within a five hundred (500) foot radius of the prop-
erty, in or outside the city; and
2. The requested use at the proposed location is
sufficiently buffered in relation to residentially
zoned areas within the immediate vicinity so as not
to adversely affect the area; and
3. The requested use at the proposed location
will not result in an undue concentration of similar
premises. A separation of not less than five hundred
(500) feet, from property line to property line, in or
outside the city, shall not be construed as undue
concentration. The applicant shall bear the burden
of proof that a separation of less than five hundred
(500) feet does not create an undue concentration of
facilities for the sale of alcoholic beverages for off -
site consumption within the community; and
4. The requested use at the proposed location
will not adversely affect the economic welfare of the
community; and
5. The exterior appearance of the structure will
not be inconsistent with the external appearance of
commercial structures already constructed or under
construction within the immediate neighborhood so
as to cause blight. deterioration or substantially di-
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minish or impair property values within the neigh-
borhood. (Ord. 535 § 1 (part). 1990)
17.24.230 Gasoline service stations -- Retail
sale of beer and wine.
Gasoline service stations selling beer and wine
for consumption off the premises shall be subject to
Section 17.24.220 and the following:
A. No beer or wine shall be displayed within
five feet of the cash register or the front entrance
unless it is in a permanently affixed display case.
B. No advertisement of alcoholic beverages shall
be displayed at motor fuel islands.
C. No sale of alcoholic beverages shall be made
from a drive -in window.
D. No display or sale of beer and wine shall be
made from a portable container.
E. No beer or wine advertising shall be located
on motor fuel islands and no self- illuminated adver-
tising for beer or wine shall be located on buildings
or windows.
F. Employees on duty between the hours of ten
p.m. and two a.m. shall be at least twenty one (21)
years of age to sell beer and wine.
G. No arcade machines may be kept, maintained
or operated on the premises.
H. No more than twenty -five (25) percent of the
total floor area of the convenience market shall be
devoted to the sale of alcoholic beverages. (Ord. 535
§ 1 (part), 1990)
17.24 -240 Xeriscape-
A. Purpose and Intent. It is the purpose of this
section to reduce the consumption of water in land-
scape through the use of xeriscape principles and to
offer as much latitude as possible when designing
required landscape and irrigation. These provisions
are intended to encourage landscapes that can be
maintained with low water use irrigation systems
which will not overuse or waste the available water
supply and that are consistent with the requirements
of this section.
B. Definitions.
TI IAI '7Z 1 C7 MQ - M
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17.24.220
1. "Drought - tolerant plant material" means those
plants that tolerate heavy clay to sandy soil with use
of limited supplemental water. Such platen an able
to thrive with deep infrequent watering once their
root systems are established (nine to twelve (12)
months). These plants include those that grow natu-
rally in areas of limited natural water supply and are
adaptable to weather and soil conditions prevalent
in Los Alamitos.
2. "Hydmzone" means a portion of the land-
scaped area having plants with similar water needs
that are served by a valve or a set of valves with the
same schedule. A hydrozone may be irrigated or
nonirrigated. For example, a naturalized area planted
with native vegetation that will not need supple-
mental irrigation once established is a nonirrigared
hydrozone.
3 "Low water flow irrigation" means a system
of watering plant material using drip or other re-
duced wager emitting devices which restrict the
amount of wager in gallons per minute to allow fbr
deep percolation into the soil.
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