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HomeMy WebLinkAboutMINUTES - 03211995 - S.1 TO: BOARD OF SUPERVISORS Y' Contra Costa FROM: Supervisor Tom Torlakson Supervisor Jim Rogers ti�; .�.::�°�' County DATE: March 21, 1995 SUBJECT: CONSIDER A COUNTY ORDINANCE REQUIRING OFF-SALE ALCOHOLIC BEVERAGE RETAIL ESTABLISHMENTS TO APPLY FOR A CONDITIONAL LAND USE PERMIT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION: RECOMMENDED ACTION: Direct the County Counsel's Office and the Community Development Department to draft a county ordinance, similar to the one adopted by the City of Richmond, requiring off-sale alcoholic beverage retail establishments to apply for a conditional land use permit. Request input from the County Planning Commission, regional planning commissions, the Substance Abuse Commission, the Youth Commission, and the Sheriff. BACKGROUND INFORMATION: This ordinance is being proposed to empower unincorporated communities to control land use activities as well as provide measures to alleviate ongoing community problems. There are two areas where this ordinance shall apply: (1) When existing establishments continue to be a nuisance. Past experience in all of our unincorporated communities, as well as in cities, has shown that some owners of establishments which sell alcoholic beverages attract nuisance activities and some owners do not respond to eliminate these nuisances. Past experience has also clearly shown that some establishment owners ignore the laws pertaining to the sale of alcohol and tobacco products to under-aged young people. Where problems such as these are identified by citizens, by our municipal advisory councils, or our Sheriffs Department, this ordinance can serve as a useful new tool to handle those problem cases where we have uncooperative or unresponsive establishment owners. One example in Bay Point occurted a few years ago where law enforcement officials and citizens both felt an establishment which sold alcohol also served as a location for drug dealing --through the use of a public telephone on that property. It took far too long to achieve cooperation to change the phone system and eliminate the problems. There are other similar examples in North Richmond. CONTINUED ON ATTACHMENT: X YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) n-yi— ---------------------------------------- -------------- ACTION OF BOARD ON March 21 , 1995 APPROVED AS RECOMMENDED X OTHER The following persons spoke in opposition: Don Kaplan, California Beverage Retailers Coalition, 4145 Blackhawk Plaza Circle, Suite 205, Danville; Larry Kranich, California Association of Neighborhood Stores, 4567 Enterprise Street, Fremont; and Charles Beaver, California Grocers Assn. , 906 G Street, Suite 700, Sacramento. Following discussion, the Board APPROVED the recommendation set forth above. VOTE OF SUPERVISORS XX - - - I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ABSENT ) CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED March 21 , 1995 c c: County Counsel PHIL BATCHELOR,CLERK OF THE BOARD OF Community Development Director SUPERVISORS AND COUNTY ADMINISTRATOR BY (/, /y. �i? �� DEPUTY Off-Sale Alcoholic Beverage Retail Establishments March 21, 1995 Page TWO (2) To control the proliferation of new establishments in areas where there are exisft problems with such establishments or where there is a heave concentration of these types of businesses. In Bay Point it has -been reported that there are approximately 18 such establishments within a two-mile stretch on the main street of the community. Criteria should be established in the ordinance referencing the need for a conditional use permit for new establishments in areas with such heavy concentration or within certain zones around churches and schools. MAR-89-1995 16 33 FROM TO B05 TORLRKSON P.83 ORDINANCE NU. N•.5. AN ORDINANCE. OF THE CITY OF RICHMOND AMENDING SECTION 15.04.190 OF T11S RICHMOND MUNICIPAL CODE TO GRANT A CONDITIONAL USE PEFAIT 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 BEVgg AG1a RSTAz>; E3TABLI3ItMFNTB The Council of the City of Richmond do ordain as follows; Section 1, Section 15.04.190 B(24) of the RichmUud Municipal Code is hereby amended to read as follows: 24. Off-sale alcoholin 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 ueP conforms to the general criteria set forth in Subsection A, above, to any and all applicable use permit criteria sat 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 runetion and character, and problem of crime, loitering, and traffic. 2. That the proposed use will not adversely affect adjacent or nearby uses, including churches, schools, hospitals, parks, recreation centers, and residences. 3. That the pcuposcd uac Will not £nt9rfpre with vehicular or pedestrian circulation along a public street or sidewalk. k. That the proposed establishment is determined by the Development Review Organization (URO), as is required by section 15.04205 C(2), to be of an architectural and visual quality that harmonizes with or enhances, where appropriate, the visual quality of thA Rurroundinq area, and that the design avoids unduly large or obtrusive signs, bleak, unlandscape:d parking areas, and an overall garish appearance. 5.. Thal aacguntc litter receptacles be provided. (b) All off-sale alcoholic beverage retail establishments which have beer. legally operating without a conditional use permit prior to the adoption of this provision of Section 15.04.190 B shall be permitted to operate at their present location; provided that, such establishments shall not be permitted to operate without conditional use approval from the Planning Commission in accordance with Section 15.04.190 B(24) it any of the following occur: 1. The establishment changes itc 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 operativa of th'e catablichment is abandoned, suspended or discontinued (including the case where the retail liquor license for such operation is suspended) for a period of hnA hundred and twenty (120) days; provided that, this provision shall not apply when the business operation is suspended or discontinued because the building or structure in MRR-09-1995 16:34 FROM TO BOS TORLRKSON P.04 which the establishment is operating is: W dcotroyed or damoged due to causes beyond the owner of the establishment's control (i.e. fire, flood, act of God, etc. ) and which prevents the establishment from operating, or (2) being remodeled, enlarged or improved which prevents the establishment from operating, provided that building and other appropriate City permits have been obtained within one hundred and twenty (120) days after the business operation is discontinued, in the event that such building and other City permits expire or are revoked, then such establishment shall be required to obtain a conditional use permit in order to continue or reestablish its operation. 3. The square footage within the establishment devoted to the sale of alcoholic beverages is increased by twenty-five (25) percent or more. 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 relocat..ed to another location within the City of Richmond. c. If the Planning Commission finds, following a public hearing, that a off-sale alcoholic beverage retail establishment, which has been legally operating without a conditional use permit, has been operated or maintained in such a manner that has rcaulted in repeat-Pd 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, prosLlLution, sale of stolen gnnds, 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), then the Planning Commission shall grant to such establishment a conditional use permit in order to continue to operate and impose such conditions »pon such establishment as the Commission shall deem appropriate. The Planning Commission shall establish a date, not to exceed one (1) year from the date of its action, to conduct a review of the establishment's compliance with the conditional usa permit. During the,publin hearing the Planning Commission shall review pertinent reports from the California Alcoholic Beverage Control, the Richmond Police Department and any other law enforcement agency. d. Notwithstanding any other provision of Chapter 15.04 to the contrary, any conditional use permit granted by virtue of or in accordance with Section 15.04.190 B(24) may be modified, discontinued or revoked by the Planning Commission if th= Commission finds that the use as operated or maintained: (1) 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 (2) violatcc any ordinance of this City or any federal or state law or regulation; or (3) violates any of the conditions or terms of the use permit. 2 i MRR-09-1995 16:34 FROM TO BOS TORLRKSON P.05 The procedure for modifying, discontinuing or revoking any conditional use shall be as set forth in section 15.04.190(C)(9) (b) . e. In evaluating whphher nuisance activities are occurring on the premises of an establishment, the Planning Commissivlx, or the City Council, shall take into consideration whether the owner of the establishment, or his agent, has taken reasonable steps to abate the nuisance, including contacting and cooperating with the Richmond Police Department; provided that, (1 ) neither the owner of the establishment nor his agent shall be required to engage in abatement activities that would endanger the safety of the owner or his agent and (2) the fact that. the owner of the establishment or his agent calls for Richmond Police Department assistance shall not by itself constitute a basis for finding that a nuisance exists on the premises of the establishment, 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 oL thio 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. First read at a regular meeting of the Council of the City of Richmond, California, held , 1993, and finally paoced and aAmpted at a regular meeting thereof held 1993, by the following vote: AYES: NOES. � ABSENT: Clerk of the City of Richmond Approved: Mayor Approved as to form: City Attorney 3