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HomeMy WebLinkAboutMINUTES - 03231993 - 1.77 77 ORDINANCE NO. N.S. AN ORDINANCE OF THE CITY OF RICHMOND AMENDING SECTION 15 . 04. 190 OF THE RICHMOND MUNICIPAL CODE TO GRANT A CONDITIONAL USE PERMIT TO ALL LEGALLY EXISTING OFF-SALE ALCOHOLIC BEVERAGE RETAIL ESTABLISHMENTS AND TO AUTHORIZE THE MODIFICATION, DISCONTINUANCE OR REVOCATION OF CONDITIONAL USE PERMITS GRANTED FOR OFF-SALE ALCOHOLIC BEVERAGE RETAIL ESTABLISHMENTS The Council of the City of Richmond do ordain as follows: Section 1 . Section 15 . 04. 190 B(24) of the Richmond Municipal Code is hereby amended to read as follows: 24. Off-sale alcoholic beverage retail establishments, including convenience markets, liquor stores, and certain other establishments selling alcoholic beverages for consumption off the premises. (a) Notwithstanding any other provision -contained in Chapter 15 .04, an off-sale alcoholic beverage retail establishment shall only be permitted in commercial and industrial districts (excluding the M-1 district) and only if approved by the Planning Commission. The Planning Commission may approve an off-sale alcoholic beverage retail establishment providing the use conforms to the. general. criteria set forth in Subsection A, above, to any and all applicable use permit criteria set forth in the particular district zoning regulations and to all of the following criteria: 1 . That the proposed use will not contribute to undue proliferation of alcoholic beverage establishments in an area where such additional establishments would be undesirable as determined by the area' s function and character, and problem of . crime, loitering, and traffic. 2 . That the proposed usz will not adversely affect adjacent or nearby uses, including churches, schools, hospitals, ;arks, recreation centers, and residences. 3 . That the proposed use will not interfere with vehicular or pedestrian circulation along a public street or sidewalk. 4 . That the proposed establishment is determined by the Development Review Organization (DRO) , as is required by Section 15 . 04 . 205 C(2) , to be of an architectural and visual quality that harmonizes with or enhances, where appropriate, the visual quality of the surrounding area, and that the design avoids unduly large or obtrusive signs, bleak, unlandscaped parking areas, and an overall garish appearance. 5 . That adequate litter receptacles be provided. (b) All off-sale alcoholic beverage retail establishments which have been legally operating without a conditional use - permit prior to the adoption of this provision of Section 15 . 04 . 190 B are hereby granted a conditional use permit to operate at their present location, provided that, such establishments may not be continued or reestablished without conditional use approval from the Planning Commission in accordance with 15 . 04 . 190 B(24) (a) if any of the following occur: 1 . The establishment changes its type of retail off-sale liquor license granted by the State Department of Alcoholic Beverage Control (i .e. beer and wine to distilled liquor) . 2 . The business operation of the establishment is abandoned or discontinued (including the case where the retail liquor license for such operation is suspended) for a period of thirty (30) days. 3 . The existing building or structure in which the establishment is operating is enlarged, extended or added to. 4 . The retail liquor license is transferred to another location within the City of Richmond or the establishment, either in whole or in part, is moved or relocated to another location within the City of Richmond. 5. The existing building or structure is damaged or destroyed by any means to an extent of more than seventy-five (75 ) percent of the value of the building or structure immediately prior to the damage as determined by the Superintendent of Inspection Services. For the purposes of this provision, the value shall be assumed to be four (4) times the assessed valuation of the structure as shown on the assessment roll of the County of Contra Costa for the City of Richmond in the current year. c. Notwithstanding any other provision of Chapter 15 . 04 to the contrary, any conditional use permit granted by virtue of or in accordance with this provision of 15. 04. 190 B may be modified, discontinued or revoked by the Planning Commission if the Commission finds that the use as operated or maintained: (1 ) Adversely affects the health, peace or safety of persons residing or working in the surrounding neighborhood; or (2) Constitutes a public nuisance; or (3) Has resulted in repeated nuisance activities on the premises of the establishment, including but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking alcoholic beverages in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, 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; or (4) Violates any ordinance of this City or any federal or state law or regulation; or (5 ) Violates any of the conditions or terms of the use permit. The procedure for modifying, discontinuing or revoking any legal nonconforming use shall be as set forth in Section 15 . 04 . 190(C) (9) (b) . Section 2 . If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each. section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase. Section 3 . This Ordinance shall become effective after its final passage and adoption. 2 s First read at a regular meeting of the Council of the City of Richmond, California, held , 1992, and finally passed and adopted at a regular meeting thereof held 1992, by the following vote: AYES: NOES: ABSENT: Clerk of the City of Richmond Approved: Mayor Approved as to form: City Attorney 3