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HomeMy WebLinkAboutMINUTES - 05021995 - 1.45 '` �_ .i -��• Contra TO: BOARD OF SUPERVISORS �,;' Costa FROM: HARVEY E. BRAGDON County # DIRECTOR OF COMMUNITY DEVELOPMENT ;• �_ tik° DATE: April 18, 1995 SUBJECT: WAIVER OF LAND USE PERMITS FOR TARE OUT FOOD ESTABLISHMENTS IN RETAIL BUSINESS (RB) DISTRICT. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Accept the report of the Director of Community Development regarding the provisions of the Retail Business District. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On February 28, 1995 the Board of Supervisors directed the Community Development Department to consider amending the County Code to allow for a waiver of the land use permit requirement for *take out food establishments in the Retail Business (RB) Zoning District. Staff has reviewed the land use permit requirements contained in Chapter 88-16 of the County Code in order to determine whether these requirements should be modified or eliminated. While the land use permit provisions of. Chapter 88-16 apply in any of the various commercial zoning districts where such facilities could be established with development pian approval, staff does not find that the requirements as applied in the Retail Business District create a competitive disadvantage to properties in these commercial zoning districts. Staff has considered whether criteria could be established to provide for waivers of these requirements for specific businesses. IThere do not appear to be appropriate criteria upon which the County could base a finding that the requirements should apply in certain, instances but ,not in . others without raising substantial issues of equal protection. For these reasons staff recommends that no change be made to Chapter 88-16 at this time. CONTINUED ON ATTACHMENT: YES, SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON May 2 , 1995 APPROVED AS RECOMMENDED x OTHER 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. Contact:Dennis M. Barry 646-2091 ATTESTED cc: Community Development Department PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS CO Y ADMINISTRATOR gy 7 , DEPUTY DMB:df/rbwaive TO: - BOARD OF SUPERVISORS FROM: Gayle Bishop, Supervisor District III C - Contra SS84,� 1 4 Costa DATE: February28, 1995 coo/"` PS8 County SUBJECT: Direct the Community Development Department to consider amenounty Code to allow for a waiver in the RB - Retail Business District in Title 8 of the County Code. SFECMC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Direct the Community Development Department to consider amending the County Code to allow for a waiver in the RB - Retail Business District in Title 8 of the County Code. BACKGROUND: Presently the County Code states that a land use permit is required for take out food establishments in the R-B Retail Business District. Supervisor Bishop was recently made aware of the time and costs associated with these land use permit requirements. The requirement and the process of approving such permits may be driving away businesses that would benefit such a district. The Community Development Department should look into, and report on, possible amendments to the County Code concerning take out food establishment requirements in the R - B Retail Business District zone. A4 a1A. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOM+IENDATION OF COUNTY ADMINISTRATOR REcot4aNDATION OF HOARD COMCTTEE APPROVE OTHER sxGtzATORE(S) : / ACTION OF HOARD ON APPROVED AS RECOMMNDED ✓ ORR�R VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAXEN --V-/—tA"IMDUS (ASSENT : ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES; NOES: AB;iki--ABSTATW ATTESTED PHIL BATCHELOR, Cly4W OF TEE BOARD OF SUPERVISORS ADMINISTRATOR CC: Community Development Dept. BY– ` � +DEPUTY �t