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HomeMy WebLinkAboutMINUTES - 05141996 - C46 9-C-v\sE D c z-) � Contra TO: BOARD OF SUPERVISORS Costa FROM: Harvey E. Bragdon, Community Development Director J Courcy VA DATE: May 14, 1996 SUBJECT: Recommend Approval for Off-Sale Beer and Wine License in Oakley SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT the recommendation of the Oakley Municipal Advisory Council (MAC) which supported the application to the state Department of Alcohol and Beverage Control (ABC)for an off-sale beer and wine liquor license at a convenience market at 3587 Main Street in Oakley by a finding of public convenience and necessity; and APPROVE the revisions regarding the finding of public convenience or necessity process to remove the Sheriff-Coroner from this review procedure as well as have the applicant return the form to the Community Development Department instead of the Clerk of the Board. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On September 19, 1995, the Board of Supervisors approved a process when determining a finding of public convenience or necessity for liquor license applicants in areas of undue concentration within unincorporated Contra Costa County. As proposed, the application form used by the Community Development Department in this process requires consistency with the general plan and zoning on the parcel, as well as signatures from the local Municipal Advisory Council and the Sheriff. C._.._. "CONTINUEDON ATTACHMENT: x YES SIGNATURE: Fon. 6. _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SLGNATURE(S): . ACTION OF BOARD ON clay 14, 1996 APPROVED AS RECOMMENDED OTHER VOTE OF BOARD MEMBERS 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: Community Development Elizabeth Dunn 335-1252 ATTESTED May 14, 1996 cc: Sheriff Department PHIL BATCHELOR, CLERK OF THE County Counsel BOARD OF SUPERVISORS AND Better Government Ordinance COUNTY ADMINISTRATOR BY �10 , DEPUTY 2 On April 22, 1996, the Oakley Municipal Advisory Council (MAC) heard a proposal by Orfil Medina to establish an off-sale beer and wine license at MiniMex at 3587 Main Street, Oakley, CA. This proposal was supported by the Oakley Municipal Advisory Council. A copy of the form, approved by the Oakley Municipal Advisory Council that accompanies this Board Order, does not have a signature from the Sheriff Department (see Attachment 1). The applicant informed the Community Development Department that the Sheriff-Coroner would not sign, nor provide any comments on this form. Staff recommends that the finding of public convenience for MiniMex at 3587 Main Street, Oakley be adopted notwithstanding the lack of input from the Sheriffs Office. In a related issue, staff recommends that the Sheriff-Coroner be eliminated from this review process as this department does not wish to participate in this procedure that was established by the Board of Supervisors on September 19, 1995. Additionally, staff recommends that the form be revised so that the applicant returns this document directly to the Community Development Department and not the Clerk of the Board as outlined in the form. It is the responsibility of the Community Development Department, not the Clerk of the Board, to create the Board Order for item. A copy of the original procedure is Attachment 2. ED\ c:\data\Nvp6o\cp2\medin,i.bos Phil Batchelor The Board of Supervisors Contra Clerk ot the Board Costa and County Administration Building county Administrator 651 Pine Street, Room 106 (510)646-2371 Martinez,California 94553-1293 County Jim Rogers,1st District J Jeff Smith,2nd District .E-•`AL-..,o Gayle Bishop,3rd District Mark DeSaulnier,4th District Tom Torlakson,5th District 'q COLti� May 14, 1996 Robert Farrar Department of Alcohol Beverage Control 7677 Oakport Street, Suite 1020 Oakland, CA 94621 RE: Finding of Public Convenience or Necessity for MiniMex, 3587 Main Street, Oakley, CA Dear Mr. Farrar: On May 14, 1996, the Contra Costa County Board of Supervisors determined a Finding of Public Convenience and Necessity in support of the application of a beer and wine license for the ABC to issue an Off-Sale General License at the above address. In reaching this conclusion, the Board of Supervisors considered the General Plan designation and Zoning of the site, as well as the recommendation by the Oakley Municipal Advisory Council (MAC). If you have any questions regarding the finding, please contact Dennis Barry, Deputy Director of Community Development at 510-335-1210. Sincerely, 4Jemith, Chair Contra Costa County Board of Supervisors cc: Oifil Medina ATTACBNENT 1 1 of 2 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR RETAIL LIQUOR LICENSE FINDING OF PUBLIC; CONVENIENCE OR NECESSITY Date: 4/Xpvr,,� Name of Licensee'. 40f'l- 46011VA Doing Business As (if any): II?/l//i'11?CY Address: 3 SY7 A-M,1104KC-E`z1 C4• ly5 Telephone: REQUEST: ❑On Premises §aOff Premises ABeer&Wine ❑All Liquor FOR OFFICE USE ONLY Parcel #: General Plan: Zoning: Additional Entitlements: Conditions Cleared: Requirements for Additional Processing: 517-e Pe-+v / 4r7-4C 46-D Finding of Consistency:4Yes ❑ No Receipt Community Development Department Signature: P,�'fi/iorl-sem✓ ���.�r� -sc=�o�. ,Z ATTACIDIENT 2 2 of 2 /C MAC Advisory Body REVIEW BY LOCAL ADVISORY BODY /1 ""RECOMMEND RECOMMEND DENIAL Date of Action: 461.22 /-q,< Name of Presiding Officer: 02/1 4& CyO�.,,� Sigliature of Presiding Officer: Coirunents: COMMENT BY SHERIFF ❑ COMMENT ❑ NO COMMENT Date: Receipt #: Comments: Once this has been completed, please submit to: Clerk of the Board County Administration Building 651 Pine Street, Room 106 Martinez CA 94553 RECEIVED BY CLERK OF BOARD OF SUPERVISORS Date: g -as -l(I Receipt #: k) C..-. Scheduled for Consent/Short Determination Calendar on 5-11 - 91- ATTACHM= 2 1 of 3 PROCESS TO OBTAIN A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR RETAIL LIQUOR LICENSES IN UNINCORPORATED CONTRA COSTA COUNTY I. Community Development Department(CDD) requires applicant to fill out form and pay $50 application fee. 2. Planner/Front Counter staff checks the Zoning Ordinance and General Plan, parcel and permit history.Assign a 7_I number to the file,put this number in the parcel book and ZI log. Place a copy of the Community Development Department portion of the application in the 7-Ifile. 3. Planner/Front Counter staff indicates whether the request is consistent/inconsistent with the Zoning and General Plan and whether the applicant is required to follow an additional permitting process under the site zoning or General Plan. A courtesy copy is sent to the Health Services Department. 4. Applicant takes the form to Municipal Advisory Council(MAC) or other local advisory body for review and to obtain approval. 5. Applicant takes the form to the Sheriff and pays fee. Fee to be determined by the Sheriff. 6. Sheriff reviews history of applicant. Comments as to whether the Sheriff can support an application. 7. Form, with Community Development Department, MAC and Sheriff signatures, is returned to the Clerk of the Board. It will be placed on the Board of Supervisors Consent Calendar when MAC and Sheriff agree. If there is a split decision, the item will be placed on the Discussion Calendar. 8. Form, with Board of Supervisors finding, is submitted to the Department of Alcohol and Beverage Control (ABC). 9. When a Land Use Permit is required, the applicant shall fulfill this requirement. a Ali gfonn.pin ATTACIR= 2 2 of 3 MAC Advisory Body REVIEW BY LOCAL ADVISORY BODY ❑ RECOMMEND ❑ RECOMMEND DENIAL Date of Action: Name of Presiding Officer: Signature of Presiding Officer: Comments: COMMENT BY SHERIFF ❑ COMMENT ❑ NO COMMENT Date: Receipt #: Comments: Once this has been completed, please submit to: Clerk of the Board County Administration Building 651 Pule Street, Room 106 Martinez CA 94553 RECEIVED BY CLERK OF BOARD OF SUPERVISORS Date: Receipt #: Scheduled for Consent/Short Detennination Calendar on: ATTACE= 2 3 of 3 COMMUNITY DEVELOPMENT DEPARTMENT C APPLICATION FOR RETAIL LIQUOR LICENSE FINDING OF PUBLIC CONVENIENCE OR NECESSITY Date: Name of Licensee: Doing Business As (if any): Address: Telephone: REQUEST: ❑On Premises ❑Off Premises ❑Beer&Wine ❑All Liquor FOR OFFICE USE ONLY Parcel #: General Plan: Zoning: Additional :Entitlements: Conditions Cleared: Requirements for Additional Processing: Finding of Consistency: ❑ Yes ❑ No Receipt #: Community Development Department Signature: CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Mr. Dennis Barry Community Development Department DATE: April 29, 1996 FROM: Ann Cervelli, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Application For Retail Liquor License Finding of Public Convenience or Necessity for Orfil Medina, Doing Business as MiniMex, Oakley area. We are in receipt of the attached request by Mr. Orfil Medina for a retail liquor license finding of public convenience or necessity, for his business, MiniMex, in the Oakley area. We have tentatively scheduled this item for the May 14 , 1996, consent calendar. You will need to complete the Board Order and a greenie, along with 13 copies of the order, and forward those items to the County Administrator no later than May 2 , 1996, for inclusion on that agenda. If there is any reason this should not be on the May 14, 1996 calendar, please inform us as soon as possible. Thank you. ac attachment cc : Liz Dunn, Community Development ttt �e desde of Miercoles Nov 221895 cqn un gran surU41 do -IAC AdV1Soiy Body ..�' ., •.cassettes•C:D.s•.tortillas•p)aannymewcanO chiles "+peliculas «.iuegos de Soper Mterxlo•'Sega Genesis• �•artesania Mexicana,etc.. Y 7 LOCAL A D V I S O R ti' BOD Y Que pass un feC�z dia de gracias y feC�z namdad �' Ysemiriinle a usu t c U .PW8 3587Mainstneetber ❑ RECOMMEND DENIAL r x sx(S14).679 9025 Date of Action: Z-2RECEIVED Name of Presiding Officer: dr L-. -!r 2 9 V r'15 Signature of Presiding Officer: -f-�zna ,` ,gam _.. _•._....__....- __ --_ . Convnents: COMMENT BY SHERIFF ❑ COMMENT ❑ NO COMMENT Date:. Receipt 9: Comments: Once this has been completed, please submit to: Clerk of the Board C011llty Administration BUllding 651 Pine Street, Room 106 Martinez CA 94553 RECEIVED BY CLERK OF BOARD OF SUPERVISORS Date: 4-,29-% Receipt 9: 0 /K Scliedllled for Com nsent/Short Determination Calendar on: Shq )/t, MAC Advisory Body REVIEW BY LOCAL ADVISORY BODY RECOMMEND D RECOMMEND DENIAL Date of Action: 2 Aqe� Name of Presiding Officer: —An26 KZN C10L-----<' Signature of Presiding Officer: Comments: Z�z COMMENT BY SHERIFF El COMMENT Q NO COMMENT Date: Receipt 9: Comments: Once this has been completed, please submit to: Clerk of the Board County Administration Building 651 Pine Street, Room 106 Martinez CA 94553 RECEIVED BY CLERK OF BOARD OF SUPERVISORS Date- Receipt 4: kj Scheduled for Con sent/Short Determination Calendar on: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR RETAIL LIQUOR LICENSE FINDING OF PUBLIC; CONVENIENCE OR NECESSITY Date: �� Name of Licensee: Df f'l- 46011V A Doing Business As (if any): 1?11v11 ?EX Address: .3 597 /V-1,11y S OAK C4, Telephone: � 57/ °) 67 REQUEST: ❑On Premises AOff Premises WBeer&Wine ❑All Liquor FOR OFFICE USE ONLY Parcel # General Plan: G'� Zoning: Additional Entitlements: Conditions Cleared: Requirements for Additional Processing: Sire PIAv /5'!5-e -4rr4cl/E_� Finding of Consistency: "('- -Yes ❑ No Receipt #: /P 22�2- Community Development Department Signature: P,e'fr/iCf/s�� �t�4rz� Sc�o� � a � a 00 IS.» 4 , L t �r 7(cr ��Z o {1 Z .s7 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR RETAIL LIQUOR LICENSE FINDING OF PUBLIC CONVENIENCE OR NECESSITY Date: `//.;L�A� Name of Licensee: 62O`11- 46011" Doing Business As (if any): //1//Vfn?CY Address: 3 5,'7 /1I4/N S% C4KGE�1 Telephone: � 5-/ °) REQUEST: ❑On Premises 40ff Premises WBeer&Wine ❑All Liquor FOR OFFICE USE ONLY Parcel #: D2-3�5 G'e':52.41- - 'I?- General Plan: G'� ���nwe---0 Zoning: Additional Entitlements: Conditions Cleared: Requirements for Additional Processing: :;17 /sem •4r7-,-4Cd E_e) Finding of Coils istency:/Ec"JI,Yes ❑ No Receipt #: A9Z'202- Community Development Department Signature: ' 1-hia-Board of Supervisors Contra Phil Batchelor G L ((��c Clerk of the Board V S tc' and County Administration Building it county Administrator 651 Pine Street, Room 106 (510)646-2371 Martinez, California 94553-1293 County Jim Rogers,1st District Jeff Smith,2nd District e. L Gayle Bishop,3rd District Mark DeSauinier,4th District Tam Toriaksan,5th District � 4 t'PU*42 May 14, 1996 Robert Farrar Department of Alcohol Beverage Control 7677 Oakport Street, Suite 1020 Oakland, CA 94621 RE: Finding of Public Convenience or Necessity for MiniMex, 3587 Main Street, Oakley, CA Dear Mr. Farrar: On May 1.4, 1996, the Contra Costa County Board of Supervisors determined a Finding of Public Convenience and Necessity in support of the application of a beer and wine license for the ABC to issue an Off-Sale General License at the above address. In reaching this conclusion, the Board of Supervisors considered the General Plan designation and Zoning of the site, as well as the recommendation by the Oakley Municipal Advisory Council (MAC). If you have any questions regarding the finding, please contact Dennis Barry, Deputy Director of Community Development at 510-335-1210. Sincerely, Jeff Smith, Chair Contra Costa County Board of Supervisors cc, Orfil Medina