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HomeMy WebLinkAboutMINUTES - 03281995 - H.5 H.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this order on —March 28, 1995, by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None ABSENT: None ABSTAIN: None SUBJECT: Proposed Zoning ordinance to Regulate Cabarets The Chair convened the hearing on the recommendation of the Contra Costa County Planning Commission on a proposed County- initiated addition to the Zoning Ordinance intended to further regulate cabarets. George Delacruz, 3569 Sharon Court, Bay Point, spoke in support of the proposed ordinance. All persons desiring to speak were heard. Board members discussed the issue of the Ordinance providing for exemptions for infrequent community based or charitable activities and of the need to include a threshhold in order for the conditioned permit to be applicable, and the applicability of the proposed ordinance to properties within 150 feet of residentially zoned land. There was agreement that the ordinance should provide for the annual review of land use permits granted pursuant to the ordinance. Given the modifications to the Ordinance presented, Board members concurred to continue this matter for two weeks. Therefore, IT IS BY THE BOARD ORDERED that the hearing on the proposed ordinance is CONTINUED to April 11, 1995, at 2 p.m. at which time introduction of the modified Ordinance text will be considered. IT IS FURTHER ORDERED that County Counsel is DIRECTED to modify the proposed Ordinance to include exemptions for infrequent community based, non-profit or charitable activities to provide for a threshhold of 50 or more for the conditioned permit to be applicable, to provide for the annual review of land use permits granted pursuant to the ordinance, and to exclude the 150-foot limitation. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN . ATTESTED: _March 28, 1995 Phil Batchelor,Clerk of the Board of Supervisors and County Administrator By 22C,& 2 Deputy cc: Director, CDD County Counsel • ���- s�..t ,,oma •;' i Contra TO: BOARD OF SUPERVISORS ' Costa 0; :;��;����,„ � s FROM: HARVEY E. BRAGDON County' DIRECTOR OF COMMUNITY DEVELOPMENT DATE: March 28, 1995 A �oUN SUBJECT: Proposed Ordinance Addition to Further Regulate Cabarets In The County Ordinance Code. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Find that the adoption of the Ordinance is exempt from the provisions of CEQA pursuant to the CEQA Guidelines, Section 15061(b) (3) as there is no possibility that this activity could have significant effect on the environment. 2 . Determine whether, to direct County Counsel to modify the Ordinance intended to further regulate Cabarets to limit the applicability of the proposed Ordinance to properties within 150 feet of residentially zoned land; to include exemptions for infrequent community based, non-profit or charitable activities; and providing for annual review of land use permits granted pursuant to the Ordinance, or; Direct County Counsel to modify the Draft Ordinance as above, but without the 150 foot limitation. 3 . Direct that the hearing on this matter be continued to April . 11, 1995 for introduction of the modified Ordinance text. FISCAL IMPACT The costs of the initial land use permit processing should be adequately covered under the existing application fee schedule. A modification of the fee schedule should be made to cover the cost of annual review. Until such a change is adopted appropriate conditions of approval could be included in ' land use permits granted under this Ordinance to require the applicant to bear the actual cost of annual revue. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS `A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Dennis M. Barry 646-2091 ATTESTED cc: Community Development Department PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY DMB/df Page Two BACKGROUND/REASONS FOR RECOMMENDATIONS On January 17, 1995, the Board of Supervisors directed the Community Development Department, the County Planning Commissions, the. Regional Planning Commissions and the Sheriff's Department to review and comment upon the proposed Ordinance; the Regional Planning Commissions to provide comments to the County Planning Commission; to hold public hearings on the proposed ordinance; that consideration be given to provide some latitude with respect to infrequent charitable or other non-profit activities of this type along with provision of annual review of cabaret land use permits. Workshops were held for the East County Regional Planning Commission on February 6, 1995 and San Ramon Valley Regional Planning Commission on February 15, 1995. The comments from the workshops were presented to the County Planning Commission, which held a fully noticed public hearing on February 21, 1995. Having fully considered the material presented, the County Planning Commission recommended that the Board of Supervisors adopt the Ordinance with the following modifications: 1. The Ordinance limit the applicability to properties within 150 " feet of residentially zoned land. 2. That the Ordinance include exemptions for infrequent community based, non-profit or charitable activities. 3 . Provide for annual review of land use permits granted pursuant to the ordinance. Resolution No. 7-1995 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMEW DATIONS ON THE PROPOSED ORDINANCE ADDITION TO FURTHER REGULATE .CABARETS IN THE COUNTY ORDINANCE CODE. 'WHEREAS, on January 17, 1995, the Board of Supervisors directed the Community Development Department, the County Planning Commission, the Regional Planning Commissions and the Sheriff's Department to review and comment upon the proposed ordinance; the Regional Planning Commissions to provide comments to the County Planning Commission; to hold public hearings on the proposed ordinance; that consideration be given to provide some latitude with respect to infrequent charitable or other non-profit activities of this type along with provision of annual review of cabaret land use permits; and WHEREAS, the proposed ordinance provides criteria for the consideration and approval of land use permits before the establishment of cabarets in any land use zoning district in this County; and WHEREAS, a workshop meeting was held by the East County Regional Planning Commission on February 6, 1995, and the San Ramon Valley Regional Planning Commission on February 15, 1995, and comments of those workshop meetings have been forwarded to the County Planning Commission for review; and WHEREAS, after notice thereof having been lawfully given, a public hearing was held by the County Planning Commission on Tuesday, February 21, 1995, whereat all persons interested therein might appear and be heard; and WHEREAS, no one appeared to speak on this item; and WHEREAS, the County Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED, that the County Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the draft ordinance intended to further regulate cabarets be APPROVED with modifications to limit the applicability of the ordinance to properties within 150-ft., of residentially zoned land and including exemptions for infrequent community based, non-profit or charitable activities and providing for annual review of land use permits granted pursuant to the ordinance; and BE IT FURTHER RESOLVED that the County Planning Commission recommends that i Resolution No. 7-1995 the Board of Supervisors find this activity exempt from the provisions of CEQA pursuant to the CEQA Guidelines, section 15061 (b) (3) as there is no possibility that the activity could have significant effect on the environement; and BE IT FURTHER RESOLVED that all other written and graphic material developed for and pertaining to these proceedings is made a part of the record; and BE IT FURTHER RESOLVED that the Chairman and Secretary of this Commission will sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Government Code of the State of California. The instructions by the Planning Commission to prepare this resolution was given by motion of the Commission on Tuesday, 21 February 1995, by the following vote: AYES: Commissioners - Gaddis, Braxton, Straus, Wong, Hanecak, Clark, Terrell. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. I, Marvin J. Terrell, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, March 7, 1.995, and that this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - CLARK, BRAXTON, WONG, STRAUS, GADDIS, HANECAK, TERRELL. NOES: Commissioners - NONE. ABSENT: Commissioners - NONE. ABSTAIN: Commissioners - NONE Chairman of the Planning Commission of Contra Costa County - State of California. etary a Planning Commission, Contra C st o., State of California. ORDINANCE PROPOSED ORDINANCE ADDITION TO FURTHER REGULATE CABARETS IN THE COUNTY ORDINANCE CODE. i BOARD OF SUPERVISORS CONTRA COSTA COUNTY MARCH 28, 1995 - 2: 00 P.M. 6EL .�_ Contra TO: BOARD OF SUPERVISORS n•I : Costa s FROM: HARVEY E. BRAGDON County DIRECTOR OF COMMUNITY DEVELOPMENT �� _ " DATE: March 28, 1995 °SrA couri�r't cJ~ SUBJECT: Proposed Ordinance Addition to Further Regulate cabarets In The County Ordinance Code. SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Find that the adoption of the Ordinance is exempt from the provisions of CEQA pursuant to the CEQA Guidelines, Section 15061(b) (3) as there is no possibility that this activity could have significant effect on the environment. 2. Determine whether. to direct County Counsel to modify the Ordinance intended to further regulate Cabarets to limit the applicability of the proposed Ordinance to properties within 150 feet of residentially zoned land; to include exemptions for infrequent community based, non-profit . or charitable activities; and providing for annual review of land use permits granted pursuant to the Ordinance, or; Direct County Counsel to modify the Draft Ordinance as above, but without the 150 foot limitation. 3. Direct that the hearing on this matter be continued to April . 11, 1995 for introduction of the modified Ordinance text. FISCAL IMPACT The costs of the initial land use permit processing should be adequately covered under the existing application fee schedule. A modification of the fee schedule should be made to cover the cost of annual review. Until such a change is adopted appropriate conditions of approval could be included in land use permits granted under this Ordinance to require the applicant to bear the actual cost of annual revue. CONTINUED ON ATTACHMENT: R YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS ISA UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Dennis M. Barry 646-2091 ATTESTED cc: Community Development Department PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY DMB/df Page Two BACKGROUND/REASONS FOR RECOMMENDATIONS On January 17, 1995, the Board of Supervisors directed the Community Development Department, the County Planning Commissions, the Regional Planning Commissions and the Sheriff's Department to review and comment upon the proposed Ordinance; the Regional Planning Commissions to provide comments to the County Planning Commission; to hold public hearings on the proposed ordinance; that consideration be given to provide some latitude with respect to infrequent charitable or other non-profit activities of this type along with provision of annual review of cabaret land use permits. Workshops were held for the East County Regional Planning Commission on February 6, _ 1995 and San Ramon Valley Regional Planning Commission on February 15, 1995. The comments from the workshops were presented to the County Planning Commission, which held a fully noticed public hearing on February 21, 1995. Having fully considered the material presented, the County Planning Commission recommended that the Board of Supervisors adopt the Ordinance with the following modifications: 1. The Ordinance limit the applicability to properties within 150 feet of residentially zoned land. 2. That the Ordinance include exemptions for infrequent community based, non-profit or charitable activities. 3. Provide for annual review of land use permits granted pursuant to the ordinance. fw 0 Resolution No. 7-1995 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMEN- DATIONS ON THE PROPOSED ORDINANCE ADDITION TO FURTHER REGULATE CABARETS IN THE COUNTY ORDINANCE CODE. WHEREAS, on January 17, 1995, the Board of Supervisors directed the Community Development Department, the County Planning Commission, the Regional Planning Commissions and the Sheriff's Department to review and comment upon the proposed ordinance; the Regional Planning Commissions to provide comments to the County Planning Commission; to hold public hearings on the proposed ordinance; that consideration be given to provide some latitude with respect to infrequent charitable or other non-profit activities of this type along with provision of annual review of cabaret land use permits; and WHEREAS,the proposed ordinance provides criteria for the consideration and approval of land use permits before the establishment of cabarets in any land use zoning district in this County; and WHEREAS, a workshop meeting was held by the East County Regional Planning Commission on February 6, 1995, and the San Ramon Valley Regional Planning Commission on February 15, 1995, and comments of those workshop meetings have been forwarded to the County Planning Commission for review; and WHEREAS, after notice thereof having been lawfully given, a public hearing was held by the County Planning Commission on Tuesday, February 21, 1995, whereat all persons interested therein might appear and be heard; and WHEREAS, no one appeared to speak on this item; and WHEREAS, the County Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED, that the County Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the draft ordinance intended to further regulate cabarets be APPROVED with modifications to limit the applicability of the ordinance to properties within 150-ft., of residentially zoned land and including exemptions for infrequent community based, non-profit or charitable activities and providing for annual review of land use permits granted pursuant to the ordinance; and BE IT FURTHER RESOLVED that the County Planning Commission recommends that Resolution No. 7-1995 the Board of Supervisors find this activity exempt from the provisions of CEQA pursuant to the CEQA Guidelines, section 15061 (b) (3) as there is no possibility that the activity could have significant effect on the environement; and. BE IT FURTHER RESOLVED that all other written and graphic material developed for and pertaining to these proceedings is made a part of the record; and BE IT FURTHER RESOLVED that the Chairman and Secretary of this Commission will sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Government Code of the State of California. The instructions by the Planning Commission to prepare this resolution was given by motion of the Commission on Tuesday, 21 February 1995, by the following vote: AYES: Commissioners - Gaddis, Braxton, Straus, Wong, Hanecak, Clark, Terrell. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. I, Marvin J. Terrell, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, March 7, 1995, and that this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - CLARK, BRAXTON, WONG, STRAUS, GADDIS, HANECAK, TERRELL. NOES: Commissioners - NONE. ABSENT: Commissioners - NONE. ABSTAIN: Commissioners - NONE AontrChairman of the Planning Commission of Contra Costa County - State of California. a Planning Commission, a o., State of California. Agenda Item # Community Development Contra Costa County COUNTY PLANNING COMMISSION TUESDAY, FEBRUARY 21 , 1995 - 7:30 P.M. I. INTRODUCTION This is a County initiated addition to the Zoning Ordinance intended to further regulate cabarets. On January 17, 1995, the Board of Supervisors directed the Community Development Department, the Planning Commission, the Regional Planning Commis- sions and the Sheriff's Department to review and comment upon the proposed ordinance. The Board requested the regional commissions to provide comments to the County Planning Commission. In directing that the County Planning Commission hold a public hearing on the ordinance, the Board of Supervisors requested that consider- ation be given to provide some latitude with respect to infrequent charitable or other non-profit activities of this type, along with provision of annual review of cabaret land use permits. ll. SUMMARY AND RECOMMENDATIONS Receive public comment on the proposed ordinance, close the public hearing and recommend that the Board of Supervisors: A. Find that the adoption of the proposed ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline Section 15061 (b)(3); B. Adopt the proposed cabaret ordinance after having received from County Counsel modified provisions allowing exceptions for infrequent community based, charitable or other non-profit activities, and providing for applicant initiated and funded annual reviews of the land use permits granted pursuant to the ordinance. III. GENERAL INFORMATION Land Use Permits for Cabarets are currently required only in certain land use districts, where such uses are not normally allowed as a matter of right, such as the LI (Light Industry District). In the RB (Retail Business) and other business districts, such uses are allowed, subject to approval of a Development Plan. Conditions attached to such approvals generally relate to how the project is built, but not how the use is conducted. The requirement of a land use permit would allow conditions to be imposed that do regulate the use. Such added regulation would not replace the requirement for a Development Plan approval in these land use districts. In general, issues related to the use of cabarets relate to hours of operation, congregation outside the business, noise, traffic/parking and compatibility with surrounding land uses. 2 IV. REGIONAL COMMISSION COMMENTS The text of the proposed ordinance has been supplied to the Regional Planning Commissions, and a workshop was held with the East County Regional Planning Commission on February 6, 1995. The transcript of the ECRPC workshop is attached, along with the proposed ordinance text. A workshop with the San Ramon Valley Regional Planning Commission is scheduled for February 15, 1995. Staff anticipates that the comments from that Commission will be forwarded to the Planning Commission under separate cover. In summary, the ECRPC comments requested that the definition of cabarets be clarified, that some provision for small cabarets be provided where it could be established that the problems associated with larger establishments would not occur (a small place with limited seating where a glass of wine and classical guitarist, for example). The Commission supported provisions for charitable and non-profit organizations. DMB/df d2:cabord.sr 2-13-95 i 01 r;0;g1RA COST A TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel KTK D5 3N 23 PH 3. 17 By: Kevin T. Kerr, Deputy County Counsel CCMt,;{jill TY DATE: January 11, 1995 DEVELCPMENTDEPT SUBJECT: Proposed Cabaret Ordinance SPECIFIC REQUEST(S) OR RECOMMENDATIONS & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. That the accompanying draft Cabaret Ordinance be referred to the Community Development Department, Planning Commission, and Sheriff's Department for review and comment. 2. That, following said review and comment, the Board of Supervisors further consider and possibly adopt a proposed Cabaret Ordinance. BACKGROUND Pursuant to the Board of Supervisor's direction, the County — Counsel, following meetings with the Community Development Department and the Sheriff's Department, has written the attached draft Cabaret Ordinance for consideration. The draft ordinance should be formally reviewed and comments provided, among others, as to whether its scope should be limited in any particulars and any express provision made for infrequent nonprofit charitable cabaret type activities. CONTINUED ON ATTACHMENT: YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARH' COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON January 17. 1995 APPROVED AS RECOMMENDED X OTHERAX See attached addendum for Board action. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE. BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig:County Counsel's Office ATTESTED January 17, 1995 cc: Sheriff's Department PHIL BATCHELOR, CLERK OF Community Development:Department. THE BOARD OF SUPERVISORS CONTACT: Kevin Kerr, Deputy County Counsel AND COUNTY ADMINISTRATOR (646-2066) BY , DEPUTY d1(1): cabaret.m ADDENDUM TO ITEM 2.1 FROM THE 1-17-95 BOARD AGENDA The Board added the Regional Planning Commissions to the referral of the above proposed ordinance, asking them to -centralize their recommendations to the County Planning Commission. The Board further requested the County Planning Commission to receive public testimony and provide the Board with its comments and to try to provide some latitude for infrequent, charitable or other non-profit activities in this area. The Board further requested the County Planning Commission to consider the possibility of an annual review of all such permits. F ORDINANCE 95- (Cabarets) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text from the enacted provisions of the County Ordinance Code) . SECTION I. Chapter 82-34 is added to the Contra Costa County Ordinance to read as follows: CHAPTER 82-34 CABARETS Article 82-34 .2 General 82-34 .202 Purpose. This chapter requires and provides criteria for the consideration and approval of land use permits before the establishment of cabarets in any land use zoning district of this county. The County finds it necessary to establish land use permit requirements and criteria in the interest of the public health, safety and welfare for the establishment of cabarets. This chapter alone does not allow or permit cabarets, but only applies to cabarets where otherwise allowed or permitted within an involved applicable land use zoning district. This chapter does not authorize the establishment of cabarets in any land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations. (Ord. 95- . ) Article 82-34 .4 Definitions 82-34 .402 Definition of Cabaret. "Cabaret" means any place where the public is admitted, where entertainment is furnished by or for any patron or guest present upon the premises, including, butnot limited to singing, vaudeville and dancing, and where liquid refreshments or foods are sold; except where the only entertainment furnished is by recording machine, commonly known as a jukebox, and dancing is not permitted. (Ord. 95-_. ) 82-34 .404 Limited Definition of Cabaret. The definition of cabaret in section 82-34 .402 is limited to this chapter, and does not apply to or supersede other definitions of cabaret, including the definition of cabaret in section 88-12 .404(6) . (Ord. 95-_. ) Article 82-34 .6 Applications 82-34 . 602 Application Contents. In addition to the applicable requirements of chapters 26-2 and 82-6 and the 1 ORDINANCE NO. 95- involved zoning district, an application for a land use permit approving a cabaret shall contain the following information: ( 1) A description of where the proposed cabaret is to be located on the subject property, including a description of the building or structure within which the cabaret is to be located; (2) If alcohol is to be sold to patrons or guests, a description of applicable alcohol beverage licenses; (3) The true name and complete address of each owner of the building or structure within which the proposed cabaret is to be located; (4) The true name and complete address of each lender, shareholder with 5 percent (5%) or more financial interest in the proposed cabaret, and any other person to whom a share or income of the cabaret is to be paid; (5) A description of the entertainment, to be furnished at the proposed cabaret; (6) A description of all proposed cabaret activities; (7 ) If dancing is intended at the proposed cabaret, a description of the area where dancing is to occur; and (8) A description of the security measures planned for the proposed cabaret, including on-site supervision. (Ord. 95-_. ) Article 82-34 .8 Land Use Permits 82-34 .802 Requirement. No cabaret shall be established and maintained unless and until a land use permit is first obtained pursuant to this chapter and maintained in full force and effect. 82-34 .804 Additional Findings. In addition to the findings established in Article 26-2 .20, no land use permit for a cabaret shall be issued unless the following findings are made: ( 1) The cabaret will not adversely affect the health, safety, and welfare of the surrounding community; (2) The cabaret will not significantly increase the demand for police services; (3) The cabaret will not produce an undue concentration of cabarets in the surrounding community; (4 ) The cabaret will not detrimentally affect nearby 2 ORDINANCE NO. 95- residentially zoned communities; (5) The cabaret will not be unduly close to residences, schools, youth centers, playgrounds, public parks and other similar locations frequented by children and their families; and (6) The cabaret will include adequate security measures and on-site supervision. (Ord. 95-_. ) 82-34.806 Granting. Land use permits for the special cabaret uses enumerated in this chapter may be granted as provided and required by this chapter and in accordance with chapters 26-2 and 82-6 . (Ord. 95-_. ) SECTION II. 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 a newspaper published in this County. (Gov. Code, SS 25123 & 25124. ) PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the ,Bo.ard and County Administrator By: Deputy Board Chair (SEAL] df(l): cabaret.ord 3 ORDINANCE NO. 95-_ This Page ]Left Intentionally Blank WORKSHOP ON CABARET ORDINANCE-EAST COUNTY REGIONAL PLANNING COMMISSION-FEBRUARY 6, 1995 Mary Fleming opens workshop with description of proposed Cabaret Ordinance and describes procedures following recommendations by East County Regional Planning Commission. Commissioner Wetzel: Through the Chair, I have a question. Mary, is this already in existence, this ordinance? Do they require the permits now at this time? Mary Fleming: Not at this time. This is a brand new ordinance, there is nothing in our ordinance right now that relates to facilities that have entertainment. The only thing that relates at all is the adult entertainment ordnance which has some restrictions on things which are considered adult entertainment. Commissioner Hanson: Would this just pertain to the County, not within the city limits. Mary: That's right, it would just be a County ordinance and pertain to the unincorporated area. Commissioner Wetzel: You are sure it's not in existence right now? Mary: Yes, I am. Do you think you recognize it? Commissioner Wetzel: I have a problem. Commissioner Hern: I think I am reluctant to speak because earlier tonight one of my fellow Commissioner's asked what a Cabaret was and I'm afraid if I address this issue some people may conclude that I inhabit cabarets. But at that risk, I don't know what prompted this and it is unfortunate that nobody told what problems created the need for us to comment on it but absent that, and I;'m not even sure that us as a planning commission normally would get involved in this type of a subject , but my only observation would be that I find the definition of Cabaret in my opinion to be pretty restrictive. I'm thinking for example, in Byron we have a restaurant by the name of Spurs which serves alcoholic beverages, which has stage shows, occasionally has singing and dancing, and if I read this definition literally, Spurs Restaurant would be considered a Cabaret. I don't know for example, where something like a Elk's or other lodge where members normally go but can also invite outsiders to their meetings and their parties and so forth would fit in this thing. Yacht Clubs, I suppose could have a similar problem, so I think really that whoever drew up the definition of what constitutes a cabaret ought to redefine it to address whatever problem created the need for this ordinance in the first place and not make it so broad that it is going to be to restrictive on legitimate operations. i Commissioner Hanson: I would like to comment because I know that in Bay Point we had continually complained because new bars were constantly coming into business and our MAC never heard about this and we said how come these things can happen and we don't hear about it ahead of time to say that bar is next to a church, how come there is already 6 bars in that block and now they are going to have another one.. Maybe we were continually asking the Liquor licensing bureau why they were permitting these things and I think that maybe the County picked up on that because the bars that were going in were within the ordinance and were given liquor licenses and one particular facility and that has since been opened, we'll see what happens, but it was just given a license, the gentlemen was just given a license over the counter with no review of his past record, and his past record involved running facilities within the City of Pittsburg and within the City of Concord that brought forth a lot of-police calls and parking lots full of people fighting and a lot of problems, and we do have that right now with the facility that has just opened now in the County. There was no review process in existence and that may be what triggered it, but I have a problem with the way this is written also, because I don'[t see it addressing the problem in Bay Point. It says where liquid refreshments are sold, it doesn't say liquor, it doesn't say alcoholic beverages. This would cover an ice cream social in a church if they served coffee and they had the church choir singing. The way it is written, I don't see any way it would not cover anything at all where you served a cup of coffee. Mary: If you look in the following sections under applications, its on the second page of the ordinance, it does seem to be a little more specific there in number two, it talks about if alcohol is sold. Commissioner Hanson: It says if, it doesn't say only if alcohol is sold. It says when liquid refreshments. Commissioner Wagner: I think what they are trying to do there is in cases when these teen clubs don't serve alcohol they want to have some latitude to control them. Commissioner Wetzel: And I agree, that they should have some control because referring to Spurs again, they came in there without, I don't think they have a permit to change that from the Odd Fellows Hall to a bar/restaurant, 2:30 in the morning when all the motorcycles leave, it's no fun at all and you know the music gets very loud, and I have to say my son plays there, and I complain to him all the time. I think it should have some kind of control. We also now have the bar down the street, whatever it's called now, the Wild Idle, they to opened up an area. They have it fenced off but they have outside entertainment, and in the summertime it's not very pleasant at 2 o'clock in the morning and they're still playing music. Commissioner Hern: Well, if it's a nuisance, then there can be an ordinance to abating nuisances but this doesn't tackle that problem, this just talks about how they are going to license activities in the future. 2 Commissioner Wetzel: If they required a use permit for that then a lot of those issues would be covered before it was ever issued a permit to operate. They just go in and open up a business, I don't have any problems with them opening up a business, but there should be some restrictions there, also. Commissioner Hern: I'm not opposed to that and I agree with that, all I'm saying is the way it is written here and what they are talking about constitutes a cabaret to be covered by this, it's awfully, awfully broad covered. Commissioner Hanson: It is very vague and it wouldn't address the problem that we have in Bay Point because we don't have any place to that has live entertainment except for the one particular place that has just opened last week. He proposes to have live entertainment but other than that we have a lot of places where Liquor is sold.and we.just said on our main street, Willow Pass Road, all we have are liquor stores and car parts places, garages and we want to get a little bit of a change. We didn't like to see whenever a new business goes in, why is it a bar? Commissioner Hern: Well, Janess, you haven't been to Pittsburgh, Pennsylvania, have you? You guys are just trying to emulate what's going on back there. Commissioner Wagner: I think that would probably be a different ordinance that would have to be drafted in to just deal with the land use permit to have drinking establishments, but as far as cabarets go, I don't have a real problem with this ordinance as long as they exempt non-profit organizations such as the churches and private clubs like the Yacht clubs and the Elks Club. I think if they had some language in there that exempted those organizations, because a lot of these organizations such as the Elks Clubs and the Masons, they don't have a large budget and they can't afford to go through the permitting process for a land use permit. They only meet once a week or once a month, something. Commissioner Hanson: Or they might have one fund raiser a year. -Commissioner Waqner: Yeah, they're not doing it for profit. Commissioner Hern: I guess when Discovery Bay has it's wine festival and it's marina festivities once a year, that might constitute a permit for that. Commissioner Wetzel: It might come under it.. Commissioner Hern: I can just see some bureaucrat really interpreting this thing so literally that almost everything is included. Commissioner Wetzel: So, what would you like to see? That they bring this back to us re-written? 3 Commissioner Hern: I don;'t think they have to bring it back to us, they just wanted our comment and we have given them our comments and they can take those under advisement and hopefully change their ordinance to reflect it. Commissioner Hanson: It saying land use permits, not cabaret shall be established and maintained unless and until a land use permit is first obtained. I think one of things that I object to here is that it doesn't address the problems in Bay Point and if it was intended to help Bay Point, it won't because it won't over 95% of our places where liquor is sold, if it only includes when live entertainment is occurring and that is what it sounds like. Chair Planchon: Bars, taverns, that's what it's been called for the last 40 years. You go back to the 30's and they called them cabarets. I think there is-an old song about take me back to the cabaret or something like that. Commissioner Hern: Well, that was French. Commissioner Hanson: Entertainment is furnished by or for any patron or guest, singing, vaudeville or dancing and liquid refreshments or food is sold, but they are not saying exempting if there is a recording machine or juke box and there's no dancing, what I'm saying is that covers 95% of the bars in West Pittsburg, so this would not affect West Pittsburg and do anything for West Pittsburg, Commissioner Andrieu: Through the chair, this sounds like a band aid to cover a problem that exists that might be enforced through current means. Commissioner Hanson: I don't know why they tried to write it but I know that Supervisor Torlakson was trying to respond to the needs that we have in our community, this will not do. Commissioner Andrieu: If a business is causing a police problem, and there is alcohol served, that becomes the jurisdiction of the ABC. Commissioner Wetzel: We can't goback and condition some of these places now for a use permit to be reviewed every year, can it be done? Mary: The way the ordinance is written right now you can't go back and do existing, this applies to new facilities, and you could have a land use permit that required an annual review, that would be a possibility and that is one of the things... Commissioner Wetzel: If it is grandfathered in you can't review that.. Mary: Won't apply to existing that would still apply to any new uses or uses that changed in such a way that they began to offer entertainment. I i I 4 l Chair Planchon: Annual review is fine, short term permits for the new ordinance is fine. I would have to agree with all of my fellow commissioner's that they would have to clean the language up before I could go on with it. You need to have more clearly defined what is a cabaret. Commissioner Andrieu: That says it all. Mary: Well, more clearly defined in that you want it to be more restrictive, are you say you want it to apply to things that are not necessarily providing entertainment? Chair Planchon: I want a little better definition of what they call a cabaret, what does it really consist of? They don;'t have the parameters for me, they don't include exactly what it is. Mary: O.K., I guess the question that I have is what would you like for it to include? If it is not clear here, what kinds of things does it not seem to cover that you would like to have it cover in this ordinance? Commissioner Andrieu: Spell out the problems, what is the problem, why is this being proposed? Give us something to look at to determine if there is a need for this now. We had some comment from the West Pittsburg Commissioner, okay, if there is a problem out there, tell us about it. Commissioner Wetzel: I to, in Byron think if this would of been in existence then they would of been required to have a use permit and they would of been covered under this use permit what they would be permitted to do on their premises, and the cabaret comes into that effect, hey if you're going to have live music, heres the parameters, 10 clock you shut it off or o'clock you shut it off or whatever is chosen for that, because you are in pretty much a residential area and when they open up all the windows and the doors and the music starts coming out of there, the whole communities know about it. I think it's pretty close in covering, but it doesn't;t help what is there now. Commissioner Hanson: No, it doesn't address any of our problems in West Pittsburg, and I understand the way this worded that a cabaret is defined as a place where live entertainment is furnished and that is not our problem in West Pittsburg. Our problem is, I guess that the Community wanted a chance to review and to have a voice in whenever a, o.k, have a use permit required that would be reviewed by the local MAC every time someone new proposed selling liquor in whatever, whether it was a grocery store or a liquor store or another bar. That is what we were after. I don't see that we needed a cabaret ordinance because the only cabaret that we have is the one that just opened up that had been given a business license over the counter in Martinez and the. past record of the individual wasn't;'t,looked into and he was more or less closed down by two cities so then he went into the County and just sailed right in. 5 Commissioner Hern: Except that the ABC is suppose to be looking into that sort of thing. Sounds like somebody is saying the ABC isn't doing their job so now we want the County to take over the ABC's role. They have to issue the liquor license in the first place and investigate the people who are applying for it to make sure ... Commissioner Wetzel: But they only notify people within 300 feet of the establishment and that is as far as they go. They don't go to the communities and ask do you see any problem with this or the MAC's. Commissioner Hern: They only post a notice in the window, that great big white thing. Notice of Intent to serve or sell alcoholic beverages, anybody that is in the area only gets to see it. Commissioner Hanson: Well this is what happened in our area, someone read that notice and questioned the County as to who is this person and why are we going to have this huge place right here in the middle of the Community because it is right in a residential area and then they found out more about it and dug into the history and we're pretty upset. We'll see what happens. Commissioner Andrieu: Is it by name called cabaret? Commissioner Hanson: It's a long story. The license was requested as a restaurant with permission to serve liquor but it was built with no place to eat and it's all a big dance hall. We'll see what happens. Chair Planchon: Do you have enough Mary? Mary: I think I do and just to clarify a, little bit, this happens fairly often, this situation in West Pittsburg is just one of a number. It is pretty standard that when someone comes along and wants to open a facility where there is entertainment, there are a lot of concerned neighbors and we get this every time someone starts talking about this type of facility, so I think this ordinance is meant to address that neighbors are always concerned that it is going to mean a lot of people coming and going, a lot of noise, people hanging around outside the door smoking cigarettes or whatever and that does raise concerns and this ordinance is one way of trying to begin to deal with that. Commissioner Hanson: And another thing that might be mentioned is the number, because the facility that I am referring to has like 250 or 400, it's a huge facility, we are talking a big area, a large dance floor and lots of people and the parking lot, we'll see what happens. But a small coffee shop or something that had one guitar player and has three tables, the way this is written, that applies to them. Mary: I think it would, yes. 6 Commissioner Hanson: People with three tables having a glass of wine listening to a classical guitarist and I don't think that's what they were responding to when they wrote the cabaret, responding to the neighborhood wanting to know what is coming into their area, having a look at it. Commissioner Hern: Mr. Chairman, I think we need to recess this workshop so we can go down to the cabaret and have a first hand workshop and see how it is operating. Chair Planchon: And have a glass of cabernet. Well, are we ready to move on. Mary: Yes, I think that gives us what we need to take back, we'll put that together, listen to the recording and get all your comments organized and back to the Commission. Commissioner Wagner: One more question. If you have an existing business that is under the definition of cabaret now,' and then it changes ownership, at the point of ownership change would it be required to come down and get a land use permit then? Mary: Not the way I read this, I think if there were a change in ownership and a change in the use, the new owner was going to have entertainment where the old one didn't or a different kind of entertainment, that might trigger the ordinance, but I don't think just a change in ownership would. Chair Planchon: Okay, lets move on. CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: January 27, 1995 TO: San Ramon Valley Regional Planning Commission FROM: Dennis M. Barry, AICA Deputy Director V SUBJECT: Proposed Cabaret Ordinance This is a County-initiated addition to the Zoning Ordinance intended to further regulate cabarets. On January 17, 1995 the Board of Supervisors directed the Community Development Department, the Planning Commission, the Regional Planning Commission's and the Sheriff's Department to review and comment upon the proposed Cabaret Ordinance. The Board asked the Regional Planning Commissions to centralize their recommendations to the County Planning Commission. The Board requested the County Planning Commission to receive public testimony and provide the Board with its comments and to try to provide some latitude for infrequent charitable or other non-profit activities in this area. The Board further requested that the County Planning Commission consider annual review of all such permits. Pursuant to the Board's direction, staff is requesting the Regional Planning Commissions to consider the attached draft Cabaret Ordinance and to provide comments as the Commissions may deem appropriate. These comments will be forwarded to the County Planning Commission, which will hold a full public hearing on the proposed ordinance and will present formal recommendations to the Board for its consideration. Staff has reviewed the draft ordinance and suggests that if the Commissions concur that some allowance should be made for infrequent charitable or other non-profit activities in this area, they could recommend that County Counsel insert appropriate language in the definition section (Section 82-34.402) which would limit the application of the ordinance to ongoing, commercial activities, or provide for specific exxemptions. Page Two If the Commissions are inclined to recommend annual reviews, staff would suggest that County Counsel be requested to insert appropriate language into the requirement section (Section 82-34.802) so that each land use permit obtained pursuant to this chapter shall be conditioned to require the applicant to submit an annual report to the Zoning Administrator (or applicable planning commission). Upon the payment of appropriate fees, the assigned division of the planning agency could make findings of continuing compliance with the conditions of the land use permit in order for the permit to remain in full force and effect. Staff recommends that the Commissions consider this item as soon as practically possible and report their recommendations to the County Planning Commission for its report to the Board of Supervisors. DMB/df d2:cab.ord PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times,a newspaper of general circulation,printed and published at 2640 Shadelands Drive in the City of Walnut Creek,County of Contra Costa,94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa,State of California,under the date of October 22,1934.Case Number 19764. The notice, of which the annexed is a printed copy(set in type not smaller than nonpareil),has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: ......................................................... all in the year of 19_2/ I certify(or declare)under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek,California. On this/.S day of f <�f�... 19.2-j— ................................................. nature Lesher Communications,Inc. Contra Costa Times P.O.Box 4147 Walnut Creek,CA 94596 (510)935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVI- SORS COUNTY WIDE AREA NOTICE is hereby given that on TUESDAY, MARCH 28, 1995, AT 2 P.M. IN--ROOM 107 of the County Administration Building, corner of Pine and Esco- bar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following matter: Recommendation of the Contra Costa County Plan- ning Commission on a proposed County-initiated addition to the Zoning Ordinance intended to fur- ther regulate cabarets. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date: March 10, 1995 PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator By Ann Cervelli Deputy Clerk Legal CCT 5421 Publish March 15, 1995 RECEIVED MAR I Z 1995 CLERK 130A RA�C05TA CO ISORS PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; !am over the age of eighteen years,and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times,a newspaper of general circulation,printed and published at 2640 Shadelands Drive in the City of Walnut Creek,County of Contra Costa„94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa,State of California,under the date of October 22,1934.Case Number 19764. The notice, of which the annexed is a printed copy(set in type not smaller than nonpareil),has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: all in the year of 19../..<-- I certify(or declare)under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek,California. On this/-5—day of 1914,. Signature Lesher Communications,Inc. Contra Costa Times P.O.Box 4147 Walnut Creek,CA 94596 (510)935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVI- SORS COUNTY WIDE AREA NOTICE is hereby given that on TUESDAY, MARCH 287 1995, AT 2 P.M. IN ROOM 107 of the County Administration Building, corner of Pine and Esco- bar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following matter: Recommendation of the Contra Costa County Plan- ning Commission on a proposed County-initiated addition to the Zoning Ordinance intended to fur- ther regulate cabarets. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date: March 10, 1995 PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator By Ann Cervelli Legal CCT 5421 Deputy Clerk Publish March 15, 1995 RECEIVED MAR 17 1995 CLEERK BOARD OF SUPFRV1SOB6 rLRA cgL'CC" e<s Ci FAX HZKORANDUM 1 ! CLERK OF THE BOARD OF SUPERVISORS " CONTRA COSTA COUNTY ;t 651 Pine Street, Room 106 Martinez. California 94553 Phone (415) 646-2371= FAX 646-1059 DATE: 3 FROM: TOTAL PAGES INCLUDING THIS COVER Comments PLEASE CONPTRM RE(-pTAT RY 'PFT FPTinp. 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