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TO: BOARD OF SUPERVISORS Costa
FROM: DENNIS M. BARRY, AICD County
COMMUNITY DEVELOPMENT DIRECTOR
DATE: October 15, 2002
SUBJECT: HEARING ON THE COUNTY PLANNING COMMISSION RECOMMENDATION ON
A PROPOSED ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITIES
ORDINANCE, County File #ZT020003 (All Districts)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
A. OPEN the public hearing, RECEIVE testimony, and CLOSE the hearing.
B. For the purposes of compliance with the California Environmental Quality Act,
DETERMINE that the project is Categorically Exempt (Minor Alterations in Land Use
Limitations--Class 5).
C. FIND that the proposed ordinance is consistent with the General Plan.
D. INTRODUCE the ordinance and supporting findings, READ the title of the ordinance,
WAIVE further reading, and SET October 22, 2002 for adoption of the ordinance and
supporting findings.
FISCAL IMPACT
Implementation of the proposed ordinance would have costs for the Community
Development and Building Inspection Departments. Some of these costs, such as the cost
of notifying existing commercial activities of their Deemed Approved status and the cost of
conducting a public hearing to review compliance with performance standards, constitute
unfunded mandates. Other costs, such as costs of appeals and the costs of abating
violations of the ordinance, may be reimbursed through imposition of fees. Unreimbursable
costs in the first year of implementation are estimated at$80,000, including$30,000 in start-
up, notification, and public information tasks and approximately $50,000 to review and
conduct hearings on reported violations of deemed approved performance standards. In
subsequent years, unreimbursable costs are estimated at $20,000 per year.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO ITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON October 15, 2002 APPROVED AS RECOMMENDED OTHER
See Attached Addendum
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: John Kopchik (925) 335-1227 ATTESTED October 15, 2002
cc: Community Development Department (CDD) JOHN SWEETEN, CLERK OF
County Administrator BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
Building Inspection
WAPersonalWohn mainlciapboapH101.doc BY ` ^- - , DEPUTY
Hearing nn Proposed Alcoholic Beverage Sales Commercial Activities Ordinance
October 15, 2002
Page 2 of 2
BACKGROUND/REASONS FOR RECOMMENDATIONS
The proposed ordinance is the outcome of a public process initiated by the Board of
Supervisors in 2001 to consider new or revised policies related to alcoholic beverage sales.
Nuisance problems, and the perception that insufficient policy tools were available at the
County to address these problems, prompted the Board's action. The matter was originally
referred to the Board of Supervisors Internal Operations Committee and several public
meetings were held by that body to develop the text of the proposed ordinance. At the
start of a new calendar year, to maintain continuity, the matter was referred to a specially
formed Ad Hoc Committee of the Board. That Ad Hoc Committee continued to refine the
text of the ordinance and requested mapping analysis from the Community Development
Department to help guide the formulation of the distance provisions incorporated in the
measure to ensure these distances were the minimum necessary to achieve the purpose of
the ordinance(distance requirements are explained in the attached Planning Commission
Staff Report ).
On September 10, 2002, the Ad Hoc Committee recommended and the Board of
Supervisors approved referral of the proposed ordinance to the County Planning
Commission. On September 25, the County Planning Commission considered the most
recent draft of proposed ordinance, including non-substantive clarifications from the earlier
draft version presented to the Board on September 10, and recommended adoption of the
ordinance by the Board of Supervisors. A copy of the Planning Commission Resolution
and the staff report to the Planning Commission are attached and provide additional
background information.
Attachments:
• Text of Proposed Ordinance
• Recommended findings concerning the rationale for and impact of the proposed
ordinance
• Planning Commission Resolution
• Staff report to the Planning Commission
W:\Persona[\John main\dapboapril0l.doc
ADDENDUM TO ITEM D.3
October 15, 2002
On this date,the Board of Supervisors heard the recommendation of the Contra Costa County
Planning Commission on a proposed Alcoholic Beverage gales Commercial Activities
Ordinance, County File ZT020003 (all districts).
John Kopchik, Community Development Department, presented the staff report and
recommendations.
The public hearing was opened. The following persons spoke:
Tom Aswad, P.O. Box 31114, Walnut Creek, representing the Alcohol and Other Drugs
Advisory Board;
Joel Fort,M.D., P.O. Box 42-0950, San Francisco, representing Alcohol and Other Drugs
Advisory Board.
The public hearing was closed. The Board discussed the matter and took the following action:
APPROVED staff recommendations A, B, C, and D; INTRODUCED Ordinance 2002-33 and
supporting findings, READ the title of the ordinance, 'WAIVED further reading, and SET
October 22, 2002 for adoption and supporting findings.
ORDINANCE NO. 2002-
ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITIES
The Contra Costa County Board of Supervisors ordains as follows(omitting the parenthetical footnotes
from the official text of the enacted or amended provisions of the County Ordinance Code):
SECTION 1. SUMMARY. This ordinance adds Chapter 82-38 to the County Ordinance Code to
require land use permits for newly established Alcoholic Beverage Sales Commercial Activities, to
confer Deemed Approved Status for existing Alcoholic Beverage Sales Commercial Activities, and to
provide standards and an administrative hearing process to review violations of those standards, in
order to protect the general health and welfare of the residents of the County and to prevent nuisance
activities where alcoholic beverage sales occur. (Ord. 2002- § 1.)
SECTION 11. Chapter 82-38 is added to the County Ordinance Code to read:
CHAPTER 82-38
ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITIES
r
Article 82-38.2
General
82-38.202 Purpose and administration. This chapter requires and provides criteria for the
consideration and approval of land use permits before a new Alcoholic Beverage Sales Commercial
Activity will be permitted in any land use zoning district of this county. This chapter further confers
Deemed Approved Status upon existing Alcoholic Beverage Sales Commercial Activities. The county
finds it necessary to establish land use permit requirements and criteria in the interest of the public
health, safety and welfare to regulate Alcoholic Beverage Sales Commercial Activities in the
unincorporated area. This chapter alone does not allow or permit Alcoholic Beverage Sales
Commercial Activities, but only applies to these activities where otherwise allowed or permitted within
an involved applicable land use zoning district. This chapter does not authorize Alcoholic Beverage
Sales Commercial Activities in any land use district where they are not otherwise allowed or permitted
by the applicable involved zoning district's regulations. (Ord. 2002-� § 2.)
82-38.204 Definitions. For purposes of this chapter, the following words and phrases have the
following meanings:
(a) "Administrative Hearing Officer." The Zoning Administrator or his or her designee is the
Alcoholic Beverage Sales Administrative Hearing Officer.
ORDINANCE 2002-
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(b) "Alcoholic Beverage." Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing
alcohol, spirits, wine, or beer, that meets the following criteria: (1) contains one-half of one
percent or more of alcohol by volume; (2) is fit for beverage purposes either alone or when
diluted, mixed, or combined with other substances; and (3) sales of which require a State of
California Department of Alcoholic Beverage Control license.
(c) "Alcoholic Beverage Sales Commercial Activity." The retail sale, for on-premises or off-
premises consumption, of Alcoholic Beverages. A Full-Service Restaurant is not an Alcoholic
Beverage Sales Commercial Activity.
(d) "Condition of Approval." A requirement that must be carried out by: (1) a new Alcoholic
Beverage Sales Commercial Activity to exercise a land use permit; or(2) an existing Alcoholic
Beverage Sales Commercial Activity to comply with Deemed Approved Performance
Standards and to retain its Deemed Approved Status.
(e) "Crime Reporting Districts." Geographical areas within the boundaries of the unincorporated
area of the County that are identified by the Contra Costa County Sheriff's Department in the
compilation and maintenance of statistical information on reported crimes and arrests.
(f) "Deemed Approved Activity." Any Alcoholic Beverage Sales Commercial Activity existing
immediately before the effective date of this chapter is a Deemed Approved Activity if it
complies with the Deemed Approved Performance Standards in section 82-38.808.
(g) "Deemed Approved Performance Standards." The standards set forth in section 82-38.808.
(h) "Deemed Approved Status." The status conferred by this ordinance upon a Deemed
Approved Activity in accordance with section 82-38.806.
(i) "Full-Service Restaurant." A place that: (1) is primarily, regularly and in a bona fide manner
used and kept open for the serving of at least dinner to guests for compensation; and(2) has
kitchen facilities containing conveniences for cooking an assortment of foods that may be
required for those meals; and(3) obtains a minimum of 67 percent of its gross receipts from the
sale of meals and other food and drink non-alcoholic products; and (4) submits evidence of
total meal and other non-alcoholic product sales to county officials upon request for purposes
of determining its status under this ordinance. A place that sells or serves only sandwiches
(whether prepared in a kitchen or made elsewhere and heated up on the premises)or only
snack foods, or both, is not a Full-Service Restaurant.
(j) "License." A valid State of California Department of Alcoholic Beverage Control license.
ORDINANCE 2002-
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(k) "Off-Sale Alcohol Outlet." An establishment that conducts retail sales of Alcoholic Beverages
for consumption off the premises where sold.
(1) "On-Sale Alcohol Outlet." An establishment that conducts retail sales of Alcoholic Beverages
for consumption on the premises where sold, excluding Full-Service Restaurants. (Ord. 2002-
§ 2.)
002-§ 2.)
82-38.206 Inspection and Right of Entry.
(a) County staff designated by the County Administrator to enforce this ordinance may enter an
Alcoholic Beverage Sales Commercial Activity during normal business hours whenever they
have cause to suspect a violation of any provision of this chapter or to investigate alleged
violations of the Deemed Approved Performance Standards or Conditions of Approval
prescribed in this chapter.
(b) An owner or occupant, or agent of an owner or occupant, who refuses to permit entry and
investigation into premises open to the public is subject to civil or criminal prosecution. (Ord.
2002-_ § 2.)
82-38.208 Administrative Hearing Officer. The Administrative Dearing Officer will conduct public
hearings and make determinations in accordance with section 82-38.406, section 82-38.814, and
section 82-35.816 to obtain compliance with this chapter. This section is not intended to restrict the
powers and duties of other County officers or bodies that monitor Alcoholic Beverage Sale
Commercial Activities in the unincorporated area of the County to ensure compliance with applicable
laws, statutes, and regulations. (Ord. 2002- § 2.)
Article 82-38.4
Nonconforming Use Provisions for Existing Alcoholic Beverage Sales Commercial Activities
82-38.402 Existing Alcoholic Beverage Sales Commercial Activities. On premises for which a
license has been issued and where these premises are being used to exercise the rights and privileges
conferred by the license at a time immediately before the effective date of this chapter, the premises
may continue to be used to exercise the same rights and privileges without requiring a land use permit.
This use is a nonconforming use, subject to the nonconforming use provisions of Chapter 82-8 of the
County Ordinance Code (except as otherwise provided in this chapter or in the Alcoholic Beverage
Control Act, division 9 of the Business and Professions Code), and is entitled to Deemed Approved
Status, subject to article 82-38.8. (Ord. 2002- - § 2.)
ORDINANCE 2002-
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82-38.444 Transfer or Revocation of Alcoholic Beverage Control Licenses.
(a) If a license is to be transferred to a new owner, the Community Development Director is
authorized under Business and Professions Code section 23800(e), on behalf of the County, to
request that the State of California Department of Alcoholic Beverage Control within 30 days
after the filing of a transfer application (or a longer period if allowed by law) impose conditions
to mitigate problems at or in the immediate vicinity of the premises on any licenses being
transferred to new owners.
(b) If a license is to be transferred to a new premises, the Alcoholic Beverage Sales Commercial
Activity must apply for a land use permit in accordance with the requirements of chapter 26-2,
chapter 82-6, and this chapter.
(c) If a license is revoked by the State of California Department of Alcoholic Beverage Control,
after the revocation becomes a final order the Alcoholic Beverage Sales Commercial Activity
must cease operation and may not resume unless it applies for and obtains a land use permit in
accordance with this chapter. (Ord. 2002-_ § 2.)
82-38.406 Change in Mode or Character of Operation.
(a) The Administrative Hearing Officer may hold a public hearing to determine whether a land use
permit is required for an existing Alcoholic Beverage Sales Commercial Activity if any of the
following occur:
(1) An Alcoholic Beverage Sales Commercial Activity discontinues operation for more
than 120 days.
(2) An Alcoholic Beverage Sales Commercial Activity surrenders, abandons, closes, or
quits its licensed premises.
(3) An Alcoholic Beverage Sales Commercial Activity's license is surrendered or
suspended.
(4) An existing Alcoholic Beverage Sales Commercial Activity changes its activity so that
the State of California Department of Alcoholic Beverage Control requires a different
type of license.
(5) An existing Alcoholic Beverage Sales Commercial Activity expands the floor area
devoted to the display or sales of alcoholic beverages, or both, by more than 20
ORDINANCE 2002-
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percent.
(6) Any other circumstance that results in a substantial change in the mode or character of
operation of the Alcoholic Beverage Sales Commercial Activity, except for those
circumstances listed in subdivision (b)of section 23790 of the California Business and
Professions Code.
(b) The purpose of a public hearing under this article is to receive testimony and determine whether
the premises have operated continuously without substantial change in the mode or character of
operation. Notice of the public hearing will be in accordance with section 82-38.1004.
(c) At the conclusion of a public hearing under this article, the Administrative Hearing Officer may
determine that a substantial change in the mode or character of operation of the premises either
has occurred or has not occurred.
(d) If the Administrative Hearing Officer determines that a substantial change in the mode or
character of operation of the premises has occurred, the Alcoholic Beverage Sales Commercial
Activity must cease operation and may not resume unless it applies for and obtains a land use
permit in accordance with this chapter.
(e) The determination of the Administrative Hearing Officer becomes final 30 calendar days after
the date of decision unless appealed to the Board of Supervisors in accordance with section
82-38.1002. (Ord. 2002- § 2.)
Article 82-38.6
Land Use Permits for New Alcoholic Beverage Sales Commercial Activities
82-38.602 Requirement. Notwithstanding any other provisions of this code, no new Alcoholic
Beverage Sales Commercial Activity may be established unless a land use permit is first obtained in
accordance with the requirements of chapter 26-2,chapter 82-6, and this chapter. (Ord. 2002-_§
2.)
82-38.644 Restrictions.
(a) A new Alcoholic Beverage Sales Commercial Activity is not permitted in any of the following
locations:
(1) Within 700 feet of an existing Alcoholic Beverage Sales Commercial Activity.
ORDINANCE 2002-
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(2) Within 400 feet of any of the following: a public or private accredited school; a public
parr, playground or recreational area; a place of worship; a hospital; an alcohol or
other drug abuse recovery or treatment facility; or a county social service office.
(3) Within a Crime Reporting District, or within 600 feet of a Crime Reporting District,
where the general crime rate exceeds the countywide general crime rate by more than
20 percent.
(b) The distance restrictions of subsection (a) do not apply to any new Alcoholic Beverage Sales
Commercial Activity that has 25 or more full time equivalent(FTE) employees and a total floor
area of 20,000 square feet or more, and sells from the premises food and other groceries for
home consumption.
(c) The distances specified in subsection (a) will not be measured from any establishment that is not
generally open to the public, including private clubs and lodges. (Ord. 2002 § 2.)
82-38.606 Findings. No land use permit to allow a new Alcoholic Beverage Sales Commercial
Activity will be issued unless all of the following findings are made in addition to the findings required by
section 26-2.2008 and section 82-6.002:
(a) A finding of"public convenience and necessity"(Bus. &Prof. Code § 23958.4(b)(2)), if the
activity will be located in an area that has been determined by the State of California
Department of Alcoholic Beverage Control to have an undue concentration of licenses as
defined in Business and Professions Code section 23958.4(a).
(b) A finding that the Alcoholic Beverage Sales Commercial Activity will not aggravate existing
problems in the neighborhood created by the sale of alcohol such as loitering. public
drunkenness, alcoholic beverage sales to minors, noise and littering. (Ord. 2002-____§ 2.)
82-38.608 Granting. Land use permits to modify the location provisions contained in this article may
be granted under this chapter and in accordance with chapters 26-2 and 82-6. (Ord. 2002 § 2.)
82-38.610 Conditions of Approval. Reasonable Conditions of Approval may be imposed, including
but not limited to those listed in section 82-38.814, as part of approval of any land use permit issued
under this article. (Ord. 2002-_____ § 2.)
Article 82-38.8
Standards and procedures for Existing Alcoholic Beverage Sales Commercial Activities
ORDINANCE 2002-
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82-38.802 Purpose. The general purposes of this article are.
(a) to protect and promote the public health, safety, comfort,convenience, prosperity, and general
welfare by requiring that Alcoholic Beverage Sales Commercial Activities that are legal
nonconforming activities under this chapter and considered to be Deemed Approved Activities
comply with the Deemed Approved Performance Standards at section 82-38.808; and,
(b) to achieve the following objectives:
(1) protect residential, commercial, industrial, and civic areas and minimize the adverse
impacts of nonconforming and incompatible uses;
(2) provide opportunities for Alcoholic Beverage Sale Commercial Activities to operate in
a mutually beneficial relationship to each other and to other commercial and civic
services;
(3) provide mechanisms to address problems often associated with the public consumption
of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated
noise levels;
(4) prevent Alcoholic Beverage Sales Commercial Activities from becoming a source of
public nuisances in the community; and
(5) provide for properly maintained alcoholic beverage sale establishments to minimize
impacts to the surrounding environment. (Ord. 2002-_ § 2.)
82-38.804 Applicability. This article applies, to the extent permissible under other laws, to Alcoholic
Beverage Sales Commercial Activities existing and operating on the effective date of this chapter within
the unincorporated area of the County. The nonconforming use provisions of the County's zoning
regulations, including but not limited to chapter 82-8, apply to this article, except as otherwise provided
in this chapter. (Ord. 2002- § 2.)
82-38.806 Deemed Approved Activity. All Alcoholic Beverage Sales Commercial Activities existing
and operating with all required licenses on the effective date of this chapter will automatically become
Deemed Approved Activities as of the effective date of this chapter. Each Deemed Approved Activity
retains its Deemed Approved Status if it complies with the Deemed Approved Performance Standards
set forth in section 82-38.808 and if the licensed premises are in continuous operation without any
substantial change in the mode or character of operation of the premises. (Ord. 2002 § 2.)
ORDINANCE 2002-
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82-38.808 Deemed Approved Performance Standards. An existing Alcoholic Beverage Sale
Commercial Activity retains its Deemed Approved Status only if it conforms with all of the following
standards:
(a) its operation does not result in adverse effects to the health,peace or safety of persons residing
or working in the surrounding area;
(b) its operation does not result in repeated nuisance activities on or near the premises, including
but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in
public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination,
theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking,
excessive loud noises especially in the late night or early morning hours, traffic violations, curfew
violations, lewd conduct, or police detentions and arrests;
(c) its operation does not result in violations of other county, state,or federal regulations,
ordinances, or statutes;
(d) its operation does not result in the transfer, expiration or revocation of a State of California
Department of Alcoholic Beverage Control license;
(e) its upkeep and operating characteristics are compatible with and will not adversely affect the
liveability or orderly development nor encourage the marginal development of abutting
properties and the surrounding neighborhood; and
(f) its operation does not result in jeopardizing or endangering the public health or safety of persons
residing or working in the surrounding area. (Ord. 2002-_ § 2.)
82-38.810 Posting. The owner of each Deemed Approved Activity must post the Performance
Standards in a conspicuous and unobstructed place visible from the entrance of the establishment for
public review.
82-38.812 Notification to Owners of Deemed Approved Activities. The Community
Development Department must notify the owner of each Deemed Approved Activity, and also the
property owner if not the same, of the activity's Deemed Approved Status. This notice must:
(a) be sent via first class and return receipt mail;
(b) include a copy of the Performance Standards;
ORDNANCE 2002-
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(c) state that the Performance Standards must be posted in a conspicuous and
unobstructed place visible from the entrance of the establishment for public review;
(d) state that the activity must comply with all Performance Standards;
(e) state that a review fee is required in accordance with section 82-38.1006 and must state the
amount of the fee; and
(f) state that the activity must comply with this ordinance. (Ord. 2002-_ § 2.)
82-38.814 Violations of Performance Standards, Conditions of Approval For Continued
Deemed Approved Status Following Violation.
(a) If the County receives a complaint from the public, Sheriff, or any other interested party that a
Deemed Approved Activity is not complying with the Performance Standards set forth in
section 82-38.808, the Administrative Hearing Officer may review the Deemed Approved
Status of the Deemed Approved Activity in question at a public hearing. Notification of the
public hearing will be made in accordance with section 82-38.1004 and must include
notification that the Officer will consider the Deemed Approved Status of the Deemed
Approved Activity.
(b) The purpose of the public hearing is to receive testimony on whether the operating methods of
the Deemed Approved Activity are causing negative impacts in the surrounding area. At the
public hearing, the Administrative Hearing Officer will determine whether the Deemed
Approved Activity conforms to the Deemed Approved Performance Standards set forth in
section 82-38.808. At the conclusion of the hearing, the Administrative Hearing Officer may
continue the Deemed Approved Status for the activity in question or may require changes or
impose reasonable Conditions of Approval to retain Deemed Approved Status. The Officer's
decision will be based on information in staff documents and testimony from the business owner
and all other interested parties. The Deemed Approved Activity must comply with these
conditions. The determination of the Administrative Hearing Officer becomes final 30 calendar
days after the date of decision unless appealed to the Board of Supervisors under 82-38.1002.
(c) The Administrative Hearing Officer may impose Conditions of Approval relating to one or more
of the following;
(1) entertainment uses, activities, or amusement devices on the premises;
(2) separation, monitoring, or design of area devoted to alcohol sales;
ORDINANCE 2002-
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(3) security measures;
(4) lighting, litter, trash receptacles, graffiti or nuisance abatement, or other similar
requirements; or
(5) maintenance.
(d) Specific Conditions of Approval that may be imposed include but are not limited to the
following:
(1) Soundwalls. If the Alcoholic Beverage Sales Commercial Activity abuts residential
uses and is allowed in the involved zoning district, a soundwall may be required
between the Activity and the abutting residential uses. The soundwall must be no higher
than six feet and must not obstruct the view of the building and parking areas from the
street. Vegetation may be required to be planted along the soundwall and be of a type
that will cover the soundwall surface within two years.
(2) Graffiti Removal. The removal of all graffiti from the walls, fences, pavement or
buildings within 72 hours of its appearance on the property may be required.
(3) Exterior Lighting. Exterior lighting containing high pressure sodium or equivalent type,
with an illumination intensity of between one and four footcandles, may be required.
The lighting maybe required to be lit during all hours of darkness. Any required lighting
must be directed and shielded so as not to glare onto adjoining residential properties
and must have a housing to protect against breakage. Any required lighting must
illuminate the adjacent public sidewalks and all parking lots under the business
establishment's control in a manner that allows law enforcement personnel to identify
persons standing in those areas. Any broken or burned out lights may be required to
be replaced within 72 hours.
(4) Trash Receptacles. permanent, non-flammable trash receptacles, 60 gallons or less in
size, may be required to be located at convenient locations, appropriately screened
from view, outside the establishment and in the establishment's parking area(if any).
The operators of the business may be required to remove on a daily basis, or more
frequently if needed to maintain a litter-free environment, all trash from these
receptacles and from the sidewalk adjacent to the establishment. The operators of the
business also may be required to remove, at least three times per week, all trash
originating from its establishment deposited on public property within 400 feet of any
ORDINANCE 2002-
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boundary of its premises. Security may also be required in a manner similar to that
required under section 88-16.010(take-out food establishments). All trash receptacles
of any size may be required to be appropriately screened from view.
(5) Pay Telephones. Pay telephones on the site of the establishment may either be:
(a) prohibited; or(b)required to be of the type that only allow outgoing calls and be
located in a visible and well-lighted location.
(6) Interior View. In establishments with glass storefronts, an unobstructed interior view
from the street of the cash register area may be required and no more than 33 percent
of the square footage of the windows and transparent doors of the premises may be
allowed to bear advertising or signs of any sort. All advertising, signage and products
may be required to be placed and maintained to ensure that law enforcement personnel
have a clear and unobstructed view of the establishment's interior.
(7) Program. A "complaint response-community relations"program established and
maintained by the Deemed Approved Activity may be required. The program may
include the following:
(a) Posting at the entry of the establishment and providing to any requesting
individual the telephone number for the area commander of the local law
enforcement substation.
(b) Coordinating with the local law enforcement agency to monitor community
complaints about the establishment's activities.
(c) Having a representative of the establishment meet with neighbors or
neighborhood association on a regular basis and at their request, attempt to
resolve any neighborhood complaints regarding the establishment.
(8) Activities. If appropriate, the following activities may be prohibited on the premises:
pool or billiard tables, football or pinball games, arcade style video or electronic games,
or coin operated amusement devices.
(9) Prohibited Products. To discourage nuisance activities, an Off-Sale Alcohol Outlet
may be prohibited from selling one or more of the following products:
(a) Wine or distilled spirits in containers of less than 750 milliliters.
(b) Malt beverage products with alcohol content greater than 5-1/2 percent by
ORDINANCE 2002-
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volume.
(c) Wine with an alcoholic content greater than 14 percent by volume unless in
corked bottles and aged at least two years.
(d) Single containers of beer or malt liquor.
(e) Containers of beer or malt liquor not in their original factory packages of six-
packs or greater.
(e) Containers of beer or malt liquor larger than 39 ounces.
(f) Distilled spirits in bottles or containers smaller than 375 milliliters.
(g) Cooler products, either wine- or malt-beverage-based, in less than four-pack
quantities.
(10) Chilled Alcoholic Beverages. An Off-Sale Alcohol Outlet may be prohibited from
maintaining refrigerated or otherwise chilled alcoholic beverages on the premises.
(11) Hours of Operation. In an Off-Sale Alcohol Outlet, the sale of alcoholic beverages
may be restricted to certain hours of each day of the week unless limited further by the
State of California Department of Alcoholic Beverage Control.
(12) Cups. In (off-Sale Alcohol Outlets, the sale or distribution to the customer of paper or
plastic cups in quantities less than their usual and customary packaging may be
prohibited.
(13) Signs. The following signs may be required to be prominently posted in a readily visible
manner in English, Spanish, and the predominant language of the patrons:
(a) "California State Law prohibits the sale of alcoholic beverages to persons under
21 years of age";
(b) "No Loitering or Public Drinking"; and
(c) "It is illegal to possess an open container of alcohol in the vicinity of this
establishment".
(14) Presentation of Documents. A copy of the Conditions of Approval and the California
Department of Alcoholic Beverage Control license may be required to be kept on the
premises and presented to any law enforcement officer or authorized county official
upon request.
(15) Mitigating Alcohol-Related Problems. The establishment may be required to operate in
ORDINANCE 2002-
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a manner appropriate with mitigating alcohol-related problems that negatively impact
those individuals living or working in the neighborhood, including but not limited to:
sales to minors, the congregation of individuals, violence on or near the premises,
drunkenness, public urination, solicitation, drug-dealing, loud noise, and litter.
(16) Signage. The total surface of signage pertaining to or referencing alcoholic sales or
beverages that is visible from the public right of way may be required to not exceed 630
square inches.
(17) Employee Training. All sales clerks in On-Sale Alcohol Outlets and Off--Sale Alcohol
Outlets may be required, within 90 days of the beginning of employment, to complete
an approved course in"responsible beverage service training". The establishment may
be required to provide evidence of the employee's completion of this training to county
authorities within 10 days following completion of training.
(18) Drug Paraphernalia. An Off-Sale Alcohol Outlet may be prohibited from selling drug
paraphernalia products as defined in Health and Safety Code sections 11014.5 and
11364.5. "Drug Paraphernalia"means all equipment,products and materials of any
kind that are used, intended for use, or designed for use, in planting,propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,producing,
processing,preparing, testing, analyzing, packaging, repackaging, storing,containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a
controlled substance in violation of the California Uniform Controlled Substances Act
(commencing with California Health and Safety Code section 11000).
(19) Loitering. The establishment's operators or employees may be required to discourage
loiterers and to ask persons loitering longer than 15 minutes to leave the area and
contact local law enforcement officials for enforcement of applicable trespassing and
loitering laws if persons requested to leave fail to do so.
(20) Security Cameras. At least two 24-hour time-lapse security cameras may be required
to be installed and properly maintained on the exterior of the building at locations
recommended by the Sheriff s Department. All criminal and suspicious activities
recorded on this surveillance equipment must be reported to local law enforcement. To
the extent allowed by law,the establishment's operators may be required to provide
any tapes or other recording media from the security cameras to the Sheriff.
(21) Prohibited Vegetation. No exterior vegetation may be planted or maintained that could
be used as a hiding place for persons on the premises. Exterior vegetation may be
ORDINANCE 2002
planted and maintained in a manner that minimizes its use as a hiding place. (Ord.
2002-_§ 2.)
82-38.816 Procedure for Consideration of Violations to Conditions of Approval. If the County
receives a complaint from the public, Sheriff, or any other interested party that a Condition of Approval
is being violated, the Administrative Hearing Officer may hold a public hearing to receive testimony and
determine whether violations of any Conditions of Approval have occurred. Notification of the public
hearing will be in accordance with section 82-38.1004. The Administrative Hearing Officer may
amend the existing Conditions of Approval based upon the evidence presented or revoke the Deemed
Approved Activity's Deemed Approved. Status. The determination of the Administrative Hearing
Officer becomes final 30 calendar days after the date of decision unless appealed to the Board of
Supervisors in accordance with section 82-38.1002. (Ord. 2002-_ § 2.)
Article 82-38.10
Appeals, Notice, Fees, and Penalties
82-38.1002 Appeal to Board of Supervisors.
(a) Within 30 calendar days after a decision by the Administrative Hearing Officer, the business
owner or property owner if not the same, the Sheriff,community members, or any other
interested party may appeal to the Board of Supervisors as set forth in chapter 14-4. Upon
receipt of the appeal and the required appeal fee, the Clerk of the Board will set the date for
consideration of the appeal as set forth in section 14-4.006.
(b) In considering an appeal of a determination that a substantial change in the mode or character
of operation of the premises has occurred, the Board of Supervisors may uphold or reverse the
determination of the Administrative Hearing Officer.
(c) In considering an appeal after Conditions of Approval on a Deemed Approved Activity are
imposed or modified or after Deemed Approved Status is revolted, the Board of Supervisors
must determine whether the established use conforms to the applicable Deemed Approved
Performance Standards or Conditions of Approval. The Board of Supervisors may continue or
revoke a Deemed Approved Status, or the Board of Supervisors may modify the Conditions of
Approval or impose additional reasonable Conditions of Approval as the Board judges are
necessary to ensure conformity with Deemed Approved Performance Standards.
(d) A decision of the Board of Supervisors is final as set forth in section 14-4.008. (Ord. 2002-
_ § 2.)
ORDINANCE 2002-
14
82-38.1004 Notification of Public Hearing. The Administrative Hearing Officer or his or her
designee must notify the owner of the Alcoholic Beverage Sales Commercial Activity, and the property
owner if not the same, of the date, time and place of the public hearing. Notice must be sent via
certified return receipt mail. The public hearing must be noticed by mail or delivery to all persons
shown on the last available equalized assessment roll as owning real property in the unincorporated area
of the County within 300 feet of the subject property in accordance with section 26-2.2004. All
notices must be given not less than ten days before the hearing date. Notification fees will be in
accordance with section 82-38.1006 and paid for by the owner of the Deemed Approved Activity.
(Ord.2002-_§ 2.)
82-38.1006 Fee Schedule. Fees and fee regulations, including fees for the review, notification,
appeal, and reinspection of Deemed Approved Activities, will be in accordance with a fee schedule
established by the Board of Supervisors. (Ord. 2002-� § 2.)
82-38.1008 Violations and Penalties.
(a) Violations of the terms or any of the Conditions of Approval of a land use permit issued under
this article may result in revocation of the permit in accordance with article 26-2.20, as well as
any other enforcement remedy allowed by law.
(b) If the Deemed Approved Status of a Deemed Approved Activity is revoked, the property
owner or business owner is subject to.
(1) criminal enforcement action in accordance with chapter 14-8, including arrest by
citation;
(2) civil enforcement in accordance with chapter 14-6; and
(3) in the case of a property owner, nuisance abatement in accordance with chapter 14-6.
(c) Liability for Expenses. In addition to the punishment provided by law, a violator is liable for
costs, expenses, and disbursements paid or incurred by the County or any of its contractors m
the correction and abatement of the violation. Reinspection fees to ascertain compliance with
previously noticed or cited violations may be charged against the owner of the Deemed
Approved Activity in an amount set by the Board of Supervisors. The County Administrator or
his or her designee must mail the property owner or business owner of the affected premises a
written notice setting forth the itemized cost of chargeable services and requesting payment of
those costs, if the bill is not paid in the time stated in the notice, the charges will be referred to
the County Office of Revenue Collection, or if the charges are against the property owner,the
ORDINANCE 2002-
15
charges will be placed as a lien against the property in accordance with chapter 14-6. (Ord.
2002- § 2.)
SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and
within 15 days after passage shall be published once with the names of supervisors voting for and
against,it in the Contra Costa Times, a newspaper published in this County.
PASSED on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN SWEETEN,
Clerk of the Board Board-Chair
and County Administrator
By: [SEAL]
Deputy
TTG:
HA2002CodeEnfarcement'Wc Bev\aic bev ordinance-final.wpd
ORDINANCE 2002-
16
FINDINGS
ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITIES ORDINANCE
The Board of Supervisors finds and declares:
I. This ordinance is enacted pursuant to the County's police general police power to control and
abate nuisances under article XI, section 7 of the California,Constitution, and is enacted
pursuant to the zoning authority conferred upon the County by Government Code sections
65850 and 65851. (See Bus. &Prof. Code, §§ 23790, 23791.) This ordinance is not
preempted by state law.
2. Some establishments that sell alcoholic beverages pose a serious threat to the health, safety,
welfare, security, economic viability and stability of the County. These establishments constitute
nuisances. Other establishments with licenses to sell alcoholic beverages do not detract from
neighborhoods and may, when properly operated, enhance the stability and economic viability
of the County.
3. Just as the physical conditions of alcoholic beverage sales establishments within the County can
constitute nuisances,the behavior of persons on alcoholic beverage sales commercial activity
properties also can constitute nuisances. Examples of these behaviors include disturbance of
the peace, illegal drug activity,public drunkenness, drinking in public, harassment of passersby,
gambling, prostitution, sale of stolen goods,public urination, theft, assaults, batteries, acts of
vandalism, excessive littering, loitering,graffiti, illegal parking, excessive loud noises especially in
the late night or early morning hours, traffic violations, curfew violations, and lewd conduct.
This ordinance regulates nuisances resulting from these behaviors.
4. A high level of police activity occurs near alcoholic beverage establishments located in the
unincorporated area of the County. In October 2001, there were approximately 115 calls for
service to the Contra Costa County Sheriff's Department at or near locations in Bay Point and
El Sobrante with a license issued by the California Department of Alcoholic Beverage Control.
A map showing calls for service in Bay Point and El Sobrante in October 2001 is attached and
incorporated by reference.
5. In 1999, there were 2,820 arrests of adults in Contra Costa County for alcohol violations,
excluding driving under the influence. In 1997,there were 320 arrests of juveniles in Contra
Costa County for alcohol offenses.
6. Studies show a relationship between alcohol availability and crime, violence, and safety issues.
Rabow and Watts established a relationship between physical availability and different types of
outlets and arrests for public intoxication. (Rabow, J. and L. Gliksman. "The Distribution of
Consumption Approach to Prevention of Alcohol-Related Problems: An Overview of Relevant
Research and Current Issues." Advances in Alcohol and Substance Abuse, 5(4): 9-32, 1986.)
Smith et al. found that between 1973 and 1983, 64 percent of the homicide victims age 15 and
over in North Carolina had been drinking when they were assaulted. (Smith, D.I.
"Effectiveness of Restrictions on Availability as a Means of Preventing Alcohol-Related
Problems." Contemporary Drug Problems, 15(4): 627-684, 1988.) Calhoun and Colman
found in a study in Santa Clara County that census tracts with the highest concentration of
outlets also reported the highest numbers of requests for police services. The same study also
found that those parts of the city that have the highest concentration of alcohol licenses also
have the highest crime rates. (Calhoun, S. and V. Colman. "Alcohol Availability and Alcohol-
Related Problems in Santa Clara County." County of Santa Clara, Health Department,Bureau
of Alcohol Services, 1989.) Parker examined the relationship between alcohol and violence.
(Parker, R.N. "The Effects of Context on Alcohol and Violence." Alcohol, Health &
Research World, 17(2), 1993.) Cook and Moore found that a 10 percent increase in per
capita consumption of alcohol was associated with the following increases: rape, 6.47 percent;
homicide, 0.87 percent; assault, 5.85 percent; and robbery, 9.13 percent. (Cook, P.J. and
M.J. Moore. "Violence Reduction on Alcohol Availability." Alcohol, Health & Research
World, 17(2): 151-156, 1993.) Scribner et al. found that higher levels of alcohol outlet density
are geographically associated with higher rates of assaultive violence independent of
unemployment, ethnic/racial makeup, income, age structure,city size, household size, and
female-headed households. (Scribner,R., D.Dwyer, et al. "The Risk of Assaultive Violence
Associated with Alcohol Outlets in Los Angeles County: An Ecological Analysis." Department
of Preventive Medicine, School of Medicine,University of Southern California, 1993.)
7. The location restrictions in section 82-38.604 of this ordinance do not make it impossible for
new alcoholic beverage sales commercial activities to locate in the unincorporated areas of the
County and do not entirely prohibit alcohol sales within the County's jurisdiction. Under
section 82-35.604, a new alcoholic beverage sales commercial activity is not permitted in any
of the following locations:
(a) Within 700 feet of an existing alcoholic beverage sales commercial activity.
(b) Within 400 feet of any of the following: a public or private accredited school; a public
park, playground or recreational area; a place of worship; a hospital; an alcohol or
other drug abuse recovery or treatment facility; or a county social service office.
(c) Within a crime reporting district, or within 600 feet of a crime reporting district, where
the general crime rate exceeds the countywide general crime rate by more than 20
percent.
These distance restrictions do not apply to any new alcoholic beverage sales commercial
activity that has 25 or more full time equivalent(FTE) employees and a total floor area of
20,000 square feet or more, and sells from the premises food and other groceries for home
consumption. A map showing these location restrictions and the potential locations for new
alcoholic beverage sales commercial activities that could locate in the unincorporated areas of
the County is attached and incorporated by reference.
............................ .. ........ . _ _...
RESOLUTION NO. 28-2002
RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY
OF CONTRA COSTA, STATE OF CALIFORNIA, REGARDING PROPOSED
ALCOHOLIC BEVERAGE SALES COMMERCIAL AC'T'IVITIES ORDINANCE
WHEREAS, the County has been receiving complaints about the effects alcoholic
beverage sales commercial activities can have on the community; and
WHEREAS, the proposed ordinance would provide the County with a policy and
a framework for addressing problems that may be associated with the sale of alcoholic
beverages; and
WHEREAS, after notice was lawfully given, a public hearing was scheduled
before the County Planning Commission on Tuesday, September 25,2002 whereat all
persons interested might appear and be heard; and
WHEREAS, on Tuesday, September 25, 2002,the County Planning Commission
fully reviewed, considered and evaluated all the testimony and evidence submitted in this
matter; and
WHEREAS, the County Planning Commission discussed the exception in the
proposed ordinance that was intended to cover large grocery stores and similar businesses
that sell food from the premises; and
WHEREAS, for purposes of compliance with provisions of the California
Environmental Quality Act and State and County CEQA guidelines, the project is
Categorically Exempt(Minor Alterations in Land Use Land Use Limitations class 5; and
NOW, THEREFORE, BE IT RESOLVED that County Planning Commission of
the County of Contra Costa recommends for adoption to the Board of Supervisors of the
County of Contra Costa the Proposed Alcoholic Beverage Sales Commercial Activities
Ordinance.
Further the Commission finds that the proposed ordinance is consistent with the
general plan,
BE IT FURTHER RESOLVED that the Secretary of the County Planning
Commission shall respectively sign and attest the certified copy of this resolution and
deliver the same to the Board of Supervisors all in accordance with the Planning Laws of
the State of California.
The instructions by the County Planning Commission to prepare this resolution
were given by motion of the County Planning Commission on Tuesday, September 25,
2002, by the following vote.
AYES: Commissioners - Wong, Battaglia, Clark., Gaddis, Hanecak,
Mehlman, and Terrell
NOES: Commissioners - None
ABSENT: Commissioners - None
ABSTAIN: Commissioners - None
Hyman Wong,
Chair of the County Planning Commission,
County of Contra Costa, State of California
ATTEST:
r
Dennis M. Harry, Secretary
County Planning Commission
County of Contra Costa
State of California
RESOLUTION NO. 28-2002
RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY
OF CONTRA COS'T'A, STATE OF CALIFORNIA, REGARDING PROPOSED
ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITIES ORDINANCE
WHEREAS, the County has been receiving complaints about the effects alcoholic
beverage sales commercial activities can have on the community; and
WHEREAS, the proposed ordinance would provide the County with a policy and
a framework for addressing problems that may be associated with the sale of alcoholic
beverages; and
WHEREAS, after notice was lawfully given, a public hearing was scheduled
before the County Planning Commission on Tuesday, September 25, 2002 whereat all
persons interested might appear and be heard; and
WHEREAS, on Tuesday, September 25, 2002, the County Planning Commission
fully reviewed., considered and evaluated all the testimony and evidence submitted in this
matter; and
WHEREAS,the County Planning Commission discussed the exception in the
proposed ordinance that was intended to cover large grocery stores and similar businesses
that sell food from the premises; and
WHEREAS, for purposes of compliance with provisions of the California
Environmental Quality Act and State and County CEQA guidelines, the project is
Categorically Exempt(Minor Alterations in Land Use Land Use Limitations class 5; and
NOW, THEREFORE, BE IT RESOLVED that County Planning Commission of
the County of Contra Costa recommends for adoption to the Board of Supervisors of the
County of Contra Costa the Proposed Alcoholic Beverage Sales Commercial Activities
Ordinance.
Further the Commission finds that the proposed ordinance is consistent with the
general plan,
BE IT FURTHER RESOLVED that the Secretary of the County Planning
Commission shall respectively sign and attest the certified copy of this resolution and
deliver the same to the Board of Supervisors all in accordance with the Planning Laws of
the State of California..
The instructions by the County Planning Commission to prepare this resolution
were given by motion of the County Planning Commission on Tuesday, September 25,
2002, by the following vote:
AYES: Commissioners - Wong, Battaglia, dark, Gaddis, Hanecak,
Mehlman, and Terrell
NOES: Commissioners - None
ABSENT: Commissioners- None
ABSTAIN: Commissioners - None
Hyman Wong,
Chair of the County Planning Commission,
County of Contra Costa, State of California
ATTEST:
Dennis M. Barry, Secretary
County Planning Commissi
-Q)
County of Contra Costa
State of California
Agenda Item#3
Contra Costa County Community Development
COUNTY PLANNING COMMISSION
Tuesday, September 24. 2002–7:00 p.m.
I. INTRODUCTION'
ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITIES
ORDINANCE—County- File #ZT020003: A proposal to amend the County
Ordinance Code to require land use permits for newly established Alcoholic
Beverage Sales Commercial Activities ("Activities"), to confer Deemed
Approved Status for existing Alcoholic Beverage Sales Commercial Activities,
and to provide standards and an administrative hearing process to review
violations of those standards, in order to protect the general health and welfare of
the residents of the County and to prevent nuisance activities where alcoholic
beverage sales occur.
Il. RECOMMENDATION
Adopt a motion:
A. Finding that the proposed ordinance is consistent with the General Plan; and
B. Recommending that the Board of Supervisors adopt the Alcoholic Beverage
Sales Commercial Activities Ordinance.
III. BACKGROUND
The proposed ordinance is the outcome of a public process initiated by the Board
of Supervisors in 2001 to consider new or revised policies related to alcoholic
beverage 'ales. Nuisance problems, and the perception that insufficient policy
tools were available at the County to address these problems, prompted the
Board's action. The matter was originally referred to the Board of Supervisors
Internal Operations Committee and several public meetings were held by that
body to develop the text of the proposed ordinance. At the start of a new calendar
year, to maintain continuity, the matter was referred to a specially formed Ad Floc
Committee of the Board. That Ad Hoc Committee continued to refine the text of
the ordinance and requested mapping analysis from the Community Development
Department to help guide the formulation of the distance provisions incorporated
in the measure to ensure these distances were the minimum necessary to achieve
the purpose of the ordinance (distance requirements are explained below). On
September 10, 2002, the Ad Hoc Committee recommended and the Board of
Page 1 of 5
Supervisors approved referral of the proposed ordinance to the County Planning
Commission. A copy of the Board action and the text of the proposed ordinance
are attached.
IV. OVERVIEW OF ORDINANCE
Below please find a brief summary of some key provisions of the proposed
ordinance:
Appl cabiH
o The proposed ordinance establishes new requirements and standards to
regulate "alcoholic beverage sales commercial activities„ ("activities"):
businesses that sell alcoholic beverages either for consumption on-
premises (e.g. bars, etc.) or off-premises (e.g. liquor stores, markets, etc.).
Full service restaurants are not defined as regulated "activities" and are
excluded from the provisions of the proposed ordinance.
Exisfing.activltJres
o Existing activities are granted "Deemed Approved Status". Such activities
may continue to operate without a land-use permit, but are considered a
nonconforming use and may retain "Deemed Approved Status" only if
they conform with a series of performance standards.
o The proposed ordinance defines the performance standards by which
Deemed Approved activities will be evaluated. These performance
standards relate to public health and safety, the control of nuisances,
impacts on the surrounding neighborhood, and other factors.
o Upon receipt of a complaint from any interested party, the proposed
ordinance would authorize a Hearing Officer (Zoning Administrator or
designee) to review Deemed Approved Activities at a public hearing to
assess conformance with performance standards. At the conclusion of the
hearing, the Hearing Officer may continue the Deemed Approved Status
or may impose Conditions of Approval to retain Deemed Approved
Status.
o The proposed ordinance identifies 21 examples of specific Conditions of
Approval that may be imposed by the Hearing Officer, but does not limit
the Hearing Officer to imposing only those conditions. The example
Conditions range from graffiti removal to prohibiting sale of certain
products to employee training programs.
o If a Condition of Approval is violated, the Hearing Officer may hold a
public hearing and may consider amending the Conditions or revoking the
Deemed Approved Status. If the Deemed Approved Status is revoked, the
Page 2 of 5
property owner is subject to criminal enforcement, civil enforcement, and
nuisance abatement.
New activities
o New activities require a land use permit.
O New activities are not permitted within:
■ 700 feet of an existing activity (except for private clubs and
lodges); or
■ 400 feet of a school, public park (or playground or recreation area),
place of worship, hospital, alcohol or drag abuse treatment center,
or a County social service office; or
• a Crime Reporting District, or within 600 feet of a Crime
Reporting District, where the general crime rate exceeds the
countywide general crime rate by more than 20 percent.
Large activities (such as supermarkets) with 25 or more full time
equivalent employees and total floor area of 20,000 square feet or more
are exempt from the distance requirements described above.
• Land-use permits may not be issued unless. a) a finding is made that the
activity will not aggravate existing problems in the neighborhood related
to the sale of alcohol; and b) that a finding of "public convenience and
necessity" is made, if the activity is proposed in an area determined by the
State to have an undue concentration of alcohol licenses. These findings
are in addition to those required of land use permits by section 26-2.2008
and those required by section 82-6.002.
o Conditions of Approval may be imposed. The ordinance references as
examples the 21 conditions discussed above under"Existing uses".
Changes to existing activities
o A variety of actions by an existing activity may prompt a public hearing
and, ultimately, requirement of a land use permit. These actions include
the transfer of a license from one premises to another, State revocation of
a license, a 120 day period of non-operation, surrender of a license, a
change to the type of activity that requires a new state license, a floor area
expansion of 20 percent or more, or other circumstances that result in a
substantial change in the mode or character of the activity. The land use
permit review process would be identical to that for a new activity.
o Transfer of a license to a new owner does not necessarily require a land
use permit, but the Community Development Director is authorized to
request that the State impose conditions to mitigate problems associated
with the license.
V. GENERAL PLAN CONSIDERATIONS
Page 3 of 5
Section 65860 of the Government Code requires that a zoning ordinance be
compatible with the County General Plan. The following General Plan policies
are most pertinent to the proposed ordinance:
LAND USE POLICIES
3-6 Development of all urban uses shall be coordinated with provision of
essential Community services or facilities including, but not limited to,
roads, law enforcement and fire protection services, schools, parks,
sanitary facilities, water and flood control.
3-30 A variety of appropriately-sized, well-located employment areas shall be
planned in order that the industrial and commercial activities can
contribute to the continued economic welfare of the people of the County
and to the stable economic and tax bases of the County and the various
cities.
VI. CSA DETERMINATION
For the purposes of compliance with the California Environmental Quality Act,
staff has determined that the proposed ordinance is Categorically Exempt(Class 5
— Minor Alterations in Land Use Limitations). In addition, staff has determined
that the "common sense" exception (Section 15061(b)(3) applies to the proposed
ordinance. CEQA applies only to activities that have a potential to create a
significant effect on the environment. It can be seen with certainty that the
proposed ordinance will not have a significant adverse effect on the environment
because the scope of the ordinance is limited to further restricting how and where
alcoholic beverage sales commercial activities are operated, restrictions that are
consistent with--and only add detail to--regulations that are already established
through the General Plan and/or County ordinance.
VII. DISCUSSION
The proposed ordinance would provide the County with a policy and a framework
for addressing problems that may be associated with the sale of alcoholic
beverages. Such tools are not presently available to the County. Staff
recommends the adoption of the proposed ordinance.
At the September 10 Board of Supervisors meeting individual members requested
staff to address several additional questions. These questions and brief replies are
listed below.
Q: Does the ordinance adequately protect owners of Deemed Approved activities
that are damaged by natural disasters from triggering the land use permit
requirement by factors outside their control?
Wage 4 of 5
A; In the view of staff, yes. In section 82-38.406(a)(6), the proposed ordinance
excepts "circumstances listed in subdivision(b) of section 23790 of the California
Business and Professions Code" from the provision that a hearing may be held if
"any other circumstance that results in a substantial change in the mode or
character of operation" of the activity. The referenced section of the Business and
Professions Code lists a series of excepted circumstances, including "The closure
for restoration of premises rendered totally or partially inaccessible by an act of
God or a toxic accident."
Q: Should the ordinance include additional provisions related to the imposition of
fees as an intermediary step prior to revocation of Deemed Approved Status?
A: The proposed ordinance could be enforced through the imposition of fines and
penalties because such actions are already authorized under the approved
Administrative Code of Procedures. Further, it is staff s experience that the
remedies specifically provided for within the proposed ordinance are likely to be a
more effective enforcement tool than the imposition of fines.
Page 5 of 5