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HomeMy WebLinkAboutMINUTES - 05071996 - D11 - R. Conga TO: BOARD OF SUPERVISORS ._ r Costa J County FROM: Harvey E. Bragdon CU4, Director of Community Development DATE : May 7, 1996 SUBJECT: Proposed. Off-Sale Alcoholic Beverage Retail Establishment Ordinance SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 .. Introduce the attached Off-Sale Alcoholic Beverage Retail Establishment Ordinance, waive reading, hold public hearing and set for adoption at a later date. FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS On March 21, 1995, the Board of Supervisors directed County Counsel' s Office and the Community Development Department to draft a County Ordinance, requiring off-sale alcoholic beverage retail establishments to apply for a conditional use permit. The Board also requested input from the County Planning Commission, Regional Planning Commissions, Substance Abuse Advisory Board, Youth Commission and Sheriff. The Ordinance is being proposed to allow the County to control land use activities related to off-sale alcoholic beverage retail sales as well as provide measures to alleviate emerging community problems . At the Board' s direction, the Ordinance has been drafted to control the proliferation of new establishments and also to apply to existing establishments when they change in character. or lose their non-conforming status . CONTINUED ON ATTACHMENT: x YES SIGNATURE : RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO ITTEE APPROVE OTHER SIGNATURE (S) : ACTION OF BOARD ON May 7 , 1996 APPROVED AS RECOMMENDED x OTHER x See Addendum attached 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. Source: Aruna Bhat 646-4208 ATTESTED May 7 ,_1996 Orig. Dept. Community Development PHIL BATCHELOR, CLERK OF cc: County Counsel THE BOARD OF SUPERVISORS Sheriff' s Office AND COUNTY ADMINISTRATOR Substance Abuse Advisory Board Contra Costa Countywide Youth Commission BY LC) , DEPUTY • • X11 Staff held a study session before the East County Regional Planning Commission on October 2, 1995. The majority of the Commission was opposed to the Ordinance with the following comments : The proposed Ordinance is discriminatory since it exempts stores larger than 10, 000 square feet with less than 5% of the area used for the sales, display and storage of alcoholic beverages . The Ordinance should only be applied to "problem areas" of the County. The Ordinance needs to be strengthened (i . e. , enforcement mechanism) . Staff held a study session before the San Ramon Valley Regional Planning Commission on October 18, 1995. The Commission was supportive of the proposed Ordinance. They felt that a change in ownership of the liquor store should also trigger a use permit application. Staff indicated that land use permits run with the title to land. The Contra Costa Countywide Youth Commission recommended adoption of the Ordinance at its July 26, 1995 meeting. The draft Ordinance was reviewed and recommended for approval by the Substance Abuse Advisory Board. The County Sheriff' s Office had no objections to the proposed Ordinance. The County Planning Commission heard the proposed Ordinance on November 7, 1995, and recommended approval of the Ordinance with the deletion of the 2nd sentence in Article 82-38 .206 by a vote of 4-2 with one member absent (shaded area in Section 82-38 .206 of the attached Ordinance). They felt that the larger stores should not be exempt from the land use permit process . Some Commissioners expressed concern that insufficient evidence was submitted documenting a need for the adoption of the proposed Ordinance. After the draft was circulated to the Commissioners, Supervisor Rogers suggested that the shaded area in Section 82-38 . 404 be substituted and added to impose mandatory duties on the Zoning Administrator in the public hearing process for Section 82- 38 . 402 (4) concurring substantial change in the mode and character of operation of the establishment. For the purposes of establishing compliance with the California Environmental Quality Act, staff finds that this activity is not a project subject to CEQA, pursuant to Section 15061 (b) (3) . It can be seen with certainty that adoption of the proposed ordinance could not have a significant effect on the environment because it has no potential to change any aspect of the physical environment. D11 ADDENDUM TO ITEM D. 11 ON MAY 7, 1996 This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the Contra Costa County Planning Commission on a proposed ordinance providing for a land use permit process for off sale alcoholic beverage retail establishments in the unincorporated area of the County (ZT 7-95) , Countywide area. Dennis Barry, Community Development Department, presented the staff report and the recommendation that the Board hold a public hearing, take testimony, introduce the ordinance, waive reading, and set a date for adoption of same. Supervisor Rogers spoke in support of the proposed ordinance . The following person presented testimony: John Handley, 1807 Tribute Road, Sacramento, representing the Northern California Grocers Association, expressed concerns including whether the ordinance is necessary, and the requirements and restrictions as they are worded in the proposed ordinance . Supervisor Rogers moved approval of the staff recommendations . Supervisor Torlakson seconded the motion and proposed that the adoption of the ordinance be continued for weeks to enable him to speak to the Planning Commissioners in his district relative to their concerns . IT IS BY THE BOARD ORDERED that recommendation 1 is APPROVED and the Off-Sale Alcoholic Beverage Retail Establishment Ordinance is INTRODUCED, reading waived and May 21, 1996, is FIXED for adoption of same . S PROOF OF PUBLICATION (2015.5 C.C.P.) fsys; STATE OF CALIFORNIA County of Contra Costa jtJj ji; 'i• ED I am a citizen of the United States and a resident of theQO County aforesaid; I am over the age of eighteen years, RE� ED and not a party to or interested In the above-entitled matter. MAY I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and pub- s'-;fi,•; lished 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 is 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 19.1 4 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On thisay of .. �.�194.(0 .<. 4. .�...... %� .............................. Signature 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 pub- lished) NOTICE OF A PUBLIC HEARING BEFORE THE CONTBOARRD�OF COSTCOUNTY S ON A PLANNING MATTER NOTICE is hereby given that on Tuesday, May 7, 's- 1996,at 2:00 p.m., in Room 107 of the County Adminis- tration •Building comer of Pine and Escobar Streets, Martinez,Callfomia,.the Con- tra Costa County'Board of Supervisors will hold a public hearing to consider the fol- lowing planning matters: Recommendation of the Contra Costa County Plan- ning Commission on a pro- posed d ordinance providing fora lanuse permit process for off sale alcoholic Bever- ageretail establishments in theunincorporated area of the County(zi 7-95). The location of the subject land Is within the unincorpo- rated territory of the County of Contra Costa,State of Cal- Ifomla. (a more precise de- scriptlon may be examined In the Office of the Director of Community Development, County ministration Build- Ing,Martinez,California) If You challenge this matter In Court,you my be limited to raising only those ssues Yo u or someone else raised ~: at the public hearing de- 4 >w scribed In this notice, or in written correspondence de- livered to the County at:or prior to,the public hearing. Date:April 22 1996 PHIL BATCHELOR ,Clerk of the Board of Supervisors and County Administrator By Ann Cervelll Deputy Clerk Legal CCT 759 Publish April 26,1996 t�- NOTICE .OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER COUNTYWIDE AREA NOTICE is hereby given that on Tuesday, May 7, 1996 , at 2 : 00 p.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters : Recommendation of the ,_Contra Costa County Planning Commission on a proposed ordinance providing for a land use permit process for off sale alcoholic beverage retail establishments in the unincorporated area of the County (ZT 7- 95) . i The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California. (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California) 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: April 22, 1996 PHIL BATCHELOR, . Clerk of the Board of Supervisors and County Administrator By Ann Cervelli, ' Deputy Clerk I � ! noo � o � d 5• T � a N m C", C) 0 D � m W Co CD O CJI M C O v = N C ® C • •��. _.-• ._ • E C ® € J • t r a (9 ./ • �a D oo�u n O' H U) o rn G _{ T �0 Z G� 0 p � C7 Z � lTl Lo cn- cn i l • dye-, . co • Cry ^� 0C`� � I L RESOLUTION NO. 35-1995 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMM- ENDATIONS ON THE PROPOSED OFF-SALE ALCOHOLIC BEVERAGE RETAIL ESTABLISHMENT ORDINANCE (COUNTY FILE #ZT95-0007), FOR SAID COUNTY. WHEREAS, this Ordinance, Chapter 82-38 is added to the County Ordinance Code to address concerns regarding the proliferation of establishments selling alcoholic beverages within the unincorporated Contra Costa County and it is recognized that existence of such problems create serious impacts on the peace, health, safety and welfare of residents of nearby areas as well as contribute to deterioration of neighborhoods, destruction of community values and quality of life. WHEREAS, for the purpose of establishing compliance with the California Environmental Quality Act, this activity is not a project subject to CEQA, pursuant to Section 15061 (b) since it can be seen with certainty that adoption of the proposed ordinance could not have a significant effect on the environment because it has no potential to change any aspect of the physical environment: WHEREAS, after notice thereof having been lawfully given, a public hearing was scheduled before the County Planning Commission on October 24, 1995, whereat the Planning Commission rescheduled the item to November 7, 1995; and WHEREAS, a public hearing was held on November 7, 1995, whereat all persons interested therein appeared; and WHEREAS, on Tuesday, November 7, 1995, the Commission recommended approval of the proposed Ordinance with amendments; and WHEREAS, the County Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that based on testimony taken at the hearing on this matter, that retail establishments having 10,000 square feet or more of floor area which devote less than 5% of the floor area to the sale, display and storage of alcoholic beverages not be exempt from the use permit process. 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, APPROVAL of the Ordinance with amendment as presented on November 7, 1995, by the following vote of the Commission: AYES: Commissioner - Gaddis, Straus, Wong, Hanecak. NOES: Commissioners - Terrell, Clark. ANE NO. 9 _ ®RAFT' ORDIN C 6 (OFF-SALE ALCOHOLIC BEVERAGE RETAIL ESTABLISHMENTS ) . The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text from the enacted provision of the County Ordinance Code. ) SECTION I . SUMMARY. This Ordinance provides a land use permit process for off-sale alcoholic beverage retail establishments in the unincorporated area of the County. SECTION II . Chapter 82-38 is added to the Contra Costa County Ordinance Code to read as follows : Chapter 82-38 Off-Sale Alcoholic Beverage Retail . Establishments Article 82-38 . 2 General 82-38 . 202 Purpose . This chapter requires and provides criteria for the consideration and approval of land use permits before off-'sale alcoholic beverage retail establishments will be permitted in any land use zoning district where otherwise allowed or permitted . This chapter does not authorize off-sale alcoholic beverage retail establishments where they are not otherwise allowed or permitted by the applicable involved zoning district' s regulations . (Ord. 96- § . 2 . ) ORDINANCE NO. 96- 1 82-38 . 204 Off-Sale Alcoholic Beverage Retail Establishments . Off-sale alcoholic beverage retail establishment shall mean any business that sells alcoholic beverages in original, unopened packages for consumption off the premises where sold including, but not limited to, any facility which has obtained or intends to obtain a California Department of Alcoholic Beverage Control License. . (Ord . 96- § 2 . ) 82-38 . 206 Conditional Use Permit for New Establishments . Except as otherwise provided in this chapter, no off-sale alcoholic beverage retail establishment may sell alcoholic beverages for off- site consumption unless a land use permit has been approved for such establishment ! an:d txs pe mzt sha] n be .x gux ed �f the estlalz 5hment : s a: red"ail st0 having 10,4€30 square deetr zoe; .. . .. . . . _ ..... of 1a0r are a :and <:whzch devote: nod pre than Or.. of such: _.. _. _.. _ .... _. ... ... . . .. ... . . .... .... . f 100' area tci the ;sad e, drsp aVand stQ } e e* ;a s (Ord. 96- §2 . ) . ................................. Article 82-38 . 4 Non-Conforming Use 82-38 . 402 Non-Conforming Use. Upon the effective date 1996 ) of this chapter, any off-sale alcoholic beverage retail establishment which has been legally operating without a land use permit prior to the adoption of this chapter shall be permitted to operate at its present location provided that such establishment shall not be permitted to operate without a land use permit if any of the following occur: ORDINANCE NO. 96- 2 0 ( 1 ) the establishment changes its type of retail off-sale liquor license granted by the State Department of Alcoholic Beverage Control (e.g. beer and wine to distilled liquor) ; ( 2 ) the establishmentis abandoned, discontinued or the retail liquor license for such operation is suspended for a period of sixty ( 60 ) days , provided that this provision shall not apply when the business operation is suspended or discontinued because the building or structure in which the establishment is operating is (a ) destroyed or damaged due to causes beyond the owner of the establishment' s control by an act of God or a toxic accident which prevents the establishment from operating and any such restoration of the establishment does not increase the square footage of the business use for the sale of alcoholic beverages or; (b) being repaired if that repair does not change the nature of the establishment, does not increase the square footage of the business used for the sale of alcoholic beverages and the closure for repairs does not extend beyond a thirty ( 30 ) day period; ( 3 ) the off-sale alcoholic beverage retail use is increased, enlarged or expanded; ( 4 ) there is a substantial change in the mode or character of operation of the establishment; or ( 5 ) the retail liquor license is transferred to another location within the unincorporated area of Contra Costa County or the establishment, either in whole or in part, is moved or relocated to another location within the unincorporated area of Contra Costa County. To the extent the provisions of this section ORDINANCE NO. 96 3 conflict with the non-conforming use provisions of Chapter 82-8 , this section shall prevail as to off-sale alcoholic beverage retail establishments . (Ord. 96- § 2 . ) 82-38 . 404 Review by Zoning Administrator. After a noticed public hearing ( following the requirements of section 26-2 . 2004 ) , the zoning administrator may determine, or postpone determination to another hearing date, whether there has been a substantial change in the mode or character of operation of the establishment under section 82-38 . 402 (4 ) . In making this determination, the zoning administrator may consider whether repeated nuisance activities at the establishment, including those activities set forth in 82-38 . 606 ( 1 ) , have resulted in a pattern and practice, which taken together, constitute a substantial change in the mode or character of operation of the establishment . If the zoning administrator determines that such a change has occurred, he or she ma-y s: ' continue the public hearing €er a speeified peried of 90 to 180 days , to allow the establishment to resume its former mode or character of operation in order to retain its non-conforming use status . Thax .ng ,admini r .'.0 h"".6-:- .e.: _ t the oan�x':� sugh prezmxnaryndx'nga `ginx rig. During this period, the owner of the establishment. or the owner' s agent may submit evidence of steps taken to document maintenance of its non- conforming use status , including those set forth in section 82- 38 . 608 . The zoning administrator may sh.a:.1 render a final decision at a second or subsequent pubUQ, hearing. The zoning administrator may, without public hearing, decide whether the events set forth in ORDINANCE NO. 96 4 section 82-38 . 40-2 ( 1 ) , ( 2 ) , ( 3 ) , or ( 5 ) have .occurred . (Ord . 96- § 2 • ) 82 . 38 . 406 Decision by Zoning Administrator. If the zoning administrator determines that a land use permit is required pursuant to the provisions of sections 82-38 . 402, or 82- 38 . 404 , the requirements and procedures set forth in article 82- 38 . 6 shall apply. (Ord . 96- § 2 . ) Article 82-38 . 6 Land Use Permit . 82-38 . 602 Requirements . No off-sale alcoholic beverage retail establishment may commence to operate unless and until a land use permit is first obtained pursuant to this chapter and in accord with the provisions and the procedure set forth .in Articles 26-2 . 20 through 26-2 . 24 . Any such off-sale alcoholic beverage retail establishment must maintain an approved land use permit in full force and effect in order to continue its operation . (Ord. 96- § 2 . ) 82-38 . 604 Additional Findings . In addition to the findings required to be made in Article 26- 2 . 20 and section 82-6 . 002 , no land 'use permit to allow an off-sale alcoholic beverage retail establishment to operate shall be issued unless all of the following findings are made : ( 1 ) the proposed establishment will not contribute to an undue proliferation of off-sale alcoholic beverage retail establishments in an area where such additional establishments would be ORDINANCE NO. 96- 5 undesirable due to the area ' s function and character, ' including problems of crime, loitering, and traffic; ( 2 ) the proposed establishment will not adversely affect adjacent or nearby uses , including churches, schools , hospitals , parks , recreation centers and residences ; ( 3 ) the proposed establishment will not interfere with vehicular or pedestrian circulation along a public street or sidewalk and will not promote the accumulation of litter and debris on such streets or sidewalks or adjacent properties; ( 4 ) adequate litter receptacles will be provided and . maintained by the permittee on the site of the proposed use; and ( 5 ) the proposed establishment is found to be of an architectural and visual quality that harmonizes with or enhances, where appropriate, the visual quality of the surrounding area, and the design avoids unduly large or obtrusive signs , a bleak, unlandscaped parking area, and an overall garish appearance . (Ord. 96- § 2 . ) 82-38 . 606 Grounds for Revocation . In addition to the grounds for revocation of a land use permit set forth in section 26-2 . 2022 , any land use permit granted pursuant to this chapter may be modified, discontinued or revoked in accordance with the procedure set forth in article 26-2 . 20 , if it is found that the use as operated or maintained: ( 1 ) has resulted in repeated public nuisance activities on the premises of the establishment, including but not limited to disturbances of the peace, illegal drug activity, public ORDINANCE NO. 96- 6 drunkenness , public consumption of alcoholic beverages, harassment of passersby, gambling, prostitution, sale of stolen goods , public urination, theft, assault, batteries , acts of vandalism, loitering, excessive littering, illegal parking, excessive loud noises , (particularly after 10 : 00 p.m. or before 6 : 00 a .m. ) , traffic violations , curfew violations , lewd conduct or police detention and arrests; ( 2 ) violates any provision of ' this Code or any federal or state law or regulation; or ( 3 ) violates any of the conditions or terms of the land use permit . (Ord . 96- § 2 . ) 82-38 . 608 Evaluation of Nuisance Activity. In evaluating whether nuisance activities are occurring on the premises of the establishment, the zoning administrator will consider any evidence timely submitted by owner of the establishment or the owner' s agent that reasonable steps to abate the nuisance, including contacting and cooperating with the Sheriff ' s .Department, have been taken, provided that: ( 1 ) neither the owner of the establishment nor the owner' s agent shall be required to engage in abatement activity that would endanger the safety of the owner or the owner' s agent; and ( 2 ) the fact that the owner of the establishment or the owner' s agent calls for the Sheriff ' s Department assistance shall not by. itself constitute a basis for finding that a nuisance exists ORDINANCE NO. 96.- 7 on the premises of the establishment. (Ord . 96-- § 2 . ) SECTION III . 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 §§ 25123 & 25124 . ) PASSED ON , by the following vote: AYES: NOES : ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] djs-5\a1coho1.or2 ORDINANCE NO. 96- 8 -R _ -��est to Speakfqrm ( TH REE (3) M!N UTE LIMnu Complete this form and place it In the box near the speakers' room before.addressing the Board. Name; job IlANl>c.Ey Phone: 016) qa- 9 974/ /�o � 77t.,Bur� 20 . (�ity; - rn�•tto 1 am speaking for myself_or oww of orpntsatjoN CHECK ONE: 1 wish to speak on Agenda Ilan # • 11 pate: M91 7) /7, / 9 96 My comnKnts will be: pnwW— torsi 1 wish to speak an the abject of 1 do not wish to Veale but leave these comments for the Board to consider: ❑ A.M Date Time ❑ PM Wao O OUT M of Phoner_) Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU JURGENT RETURNED YOUR CALL Message reorder 23-700 Operator jW PAD RECYCLE93 PAPER PROPOSED OFF SALE ALCOHOLIC BEVERAGE RETAIL ESTABLISH- MENT ORDINANCE County File #ZT 7-95 This is a proposed ordinance providing for a land use permit process for off-sale alcoholic beverage retail establishments in the unincorp- orated areas of Contra Costa County. Board of Supervisors, Contra Costa County, 7 May 1996 - 2:00 P.M. Contra TO: BOARD OF SUPERVISORS -^ Costa J County FROM: Harvey E. Bragdon Director of Community Development DATE: May 7, 1996 ? SUBJECT: Proposed Off-Sale Alcoholic Beverage Retail Establishment Ordinance SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Introduce the attached Off-Sale Alcoholic Beverage Retail Establishment Ordinance, waive reading, hold public hearing and set for adoption at a later date. FISCAL IMPACT None BAcKGROuND/REASONS FOR RECOMMENDATIONS On March 21, 1995, the Board of Supervisors directed County Counsel's Office and the Community Development Department to draft a County Ordinance, requiring off-sale alcoholic beverage retail establishments to apply for a conditional use permit. The Board also requested input from the County Planning Commission, Regional Planning Commissions, Substance Abuse Advisory Board, Youth Commission and Sheriff. The Ordinance is being proposed to allow the County to control land use activities related to off-sale alcoholic beverage retail sales as well as provide measures to alleviate emerging community problems. At the Board's direction, the Ordinance has been drafted to control the proliferation of new establishments and also to apply to existing establishments when they change in character or lose their non-conforming status. CONTINUED ON ATTACHMENT: x YES SIGNATURE: - - — _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO ITTEE 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. Source: Aruna Bhat 646-4208 ATTESTED Orig. Dept. Community Development PHIL BATCHELOR, CLERK OF cc: County Counsel THE BOARD OF SUPERVISORS Sheriff's Office AND COUNTY ADMINISTRATOR Substance Abuse Advisory Board Contra Costa Countywide Youth Commission BY , DEPUTY Staff held a study session before the East County Regional Planning Commission on October 2, 1995. The majority of the Commission was opposed to the Ordinance with the following comments: The proposed Ordinance is discriminatory since it exempts stores larger than 10,000 square feet with less than 5% of the area used for the sales, display and storage of alcoholic beverages. The Ordinance should only be applied to "problem areas" of the County. The Ordinance needs to be strengthened (i.e.,enforcement mechanism) . Staff held a study session before the San Ramon Valley Regional Planning Commission on October 18, 1995. The Commission was supportive of the proposed Ordinance. They felt that a change in ownership of the liquor store should also trigger a use permit application. Staff indicated that land use permits run with the title to land. The Contra Costa Countywide Youth Commission recommended adoption of the Ordinance at its July 26, 1995 meeting. The draft Ordinance was reviewed and recommended for approval by the Substance Abuse Advisory Board. The County Sheriff's Office had no objections to the proposed Ordinance. The County Planning Commission heard the proposed Ordinance on November 7, 1995, and recommended approval of the Ordinance with the deletion of the 2nd sentence in Article 82-38.206 by a vote of 4-2 with one member absent (shaded area in Section 82-38.206 of the attached Ordinance) . They felt that the larger stores should not be exempt from the land use permit process. Some Commissioners expressed concern that insufficient evidence was submitted documenting a need for the adoption of .the proposed Ordinance. After the draft was circulated to the Commissioners, Supervisor Rogers suggested that the shaded area in Section 82-38.404 be substituted and added to impose mandatory duties on the Zoning Administrator in the public hearing process for Section 82- 38.402 (4) concurring substantial change in the mode and character of operation of the establishment. For the purposes of establishing compliance with the California Environmental Quality Act, staff finds that this activity is not a project subject to CEQA, pursuant to Section 15061 (b) (3) . It can be seen with certainty that adoption of the proposed ordinance could not have a significant effect on the environment because it has no potential to change any aspect of the physical environment. p^ i(..R *E6 S, i'47 -," e• a a ..- } s aC +-t--.. - .i.A' '-wF 0i 4" K ;s ✓� F } W F< P . r� 'Aft i { Z Y k You.are hereby,notified that o - ERS-"24 1995 at 7:30 p.m. in Roo 107,McBrie s ration Building,-65 Street; Martinez; California, the C osta County P'lar will consider a ZONING T RDINANCE•described as follows PROPO DOFF SALE ALCOHOLIC:BEVERAGE RETAI ESTABLI' MENT ORDINANCE;,County Fjle#ZT 7 95 T is a proposed ordinance providing fora land.use permit process}for offs alcoholic beverage retail establishments in the unmc`orporated are of.the County.. If you challengethe oject in court, you may be lima opising only those issues you or som ne else raised at the public he gdescribed in-this f notice,or in wn a orrespondence delivered to' County at or prior to,;the public hearing. „ t For further details, con ra Costa County Community"Development Department;651 Pine Street;Martinez;: California,or phone ARUN'13HAT:at (510) 646-4208: Harvey E. Bragdon, Director Contra Costa County Community Development Department RESOLUTION NO. 35-1995 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMM- ENDATIONS ON THE PROPOSED OFF-SALE ALCOHOLIC BEVERAGE RETAIL ESTABLISHMENT ORDINANCE (COUNTY FILE #ZT95-0007), FOR SAID COUNTY. WHEREAS, this Ordinance, Chapter 82-38 is added to the County Ordinance Code to address concerns regarding the proliferation of establishments selling alcoholic beverages within the unincorporated Contra Costa County and A is recognized that existence of such problems create serious impacts on the peace, health, safety and welfare of residents of nearby areas as well as contribute to deterioration of neighborhoods, destruction of community values and quality of life. WHEREAS, for the purpose of establishing compliance with the California Environmental Quality Act, this activity is not a project subject to CEQA, pursuant to Section 15061 (b) since it can be seen with certainty that adoption of the proposed ordinance could not have a significant effect on the environment because it has,no potential to change any aspect of the physical environment: WHEREAS, after notice. thereof having been lawfully given, a public hearing was scheduled before the County Planning Commission on October 24,.1995, whereat the Planning Commission rescheduled the item to November 7, 1995; and WHEREAS, a public hearing was held on November 7, 1995, whereat all persons interested therein appeared; and WHEREAS, on Tuesday, November 7, 1995, the Commission recommended approval of the proposed Ordinance with amendments; and WHEREAS, the County Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that based on testimony taken at the hearing on this matter,.that retail establishments having 10,000 square feet or more of floor area.which devote less than 5% of the floor area to the sale, display and storage of alcoholic beverages not be exempt from the use permit process. 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, APPROVAL of the Ordinance with amendment as presented on November 7, 1995, by the following vote of the Commission: AYES: Commissioner - Gaddis, Straus, Wong, Hanecak. NOES: Commissioners - Terrell, Clark. -2- ABSENT: Commissioners - Braxton. ABSTAIN: Commissioners- None. Secretary of the Planning Comm isn, Contra Costa County; State of Cali rnia. ORDINANCE N0. 96- RAFT (OFF-SALE ALCOHOLIC BEVERAGE RETAIL ESTABLISHMENTS ) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text from the enacted provision of the County Ordinance Code . ) SECTION I . SUMMARY. This Ordinance provides a land use permit process for off-sale alcoholic beverage retail establishments in the unincorporated area of the County. SECTION II . Chapter 82-38 is added to the Contra Costa County Ordinance Code to read as follows : Chapter 82-38 Off-Sale Alcoholic Beverage Retail Establishments Article 82-38 . 2 General 82-38 . 202 Purpose . This chapter requires and provides criteria for the consideration and approval of land use permits before off-sale alcoholic beverage retail establishments will be permitted in any land use zoning district where otherwise allowed or permitted . This chapter does not authorize off-sale alcoholic beverage retail establishments where they are not otherwise allowed or permitted by the applicable involved zoning district' s regulations . (Ord . 96- § 2 . ) ORDINANCE NO. 96- 1 82-38 . 204 Off-Sale Alcoholic Beverage Retail Establishments . Off-sale alcoholic beverage retail establishment shall mean any business that sells alcoholic beverages in .original , unopened packages for consumption off the premises where sold including, but not limited to, any facility which has obtained or intends to obtain a California Department of Alcoholic Beverage Control License. (Ord . 96- § 2 . ) 82-38 . 206 Conditional Use Permit for New Establishments . Except as .otherwise provided in this chapter, no off-sale alcoholic beverage retail establishment may sell alcoholic beverages for off- site consumption unless a land use permit has been approved for such establishment. A hand use pexmztha7' nd b� .xegzree if the: estala t'zzahnenz reta� store hawing 10,0>t30 stare feet o < mare: o; Q�r area andchzch deaotes na mane th n5 pewit ©f such f; Qor; a ei to ;thy <sale d� spl ay, and storage of a ec hc�� eve ac ' (Ord. 9 6- Article 82-38 . 4 Non-Conforming Use 82-38 . 402 Non-Conforming Use . Upon the effective date 1996 ) of this chapter, any off-sale alcoholic beverage retail establishment which has been legally operating without a land use permit prior to the adoption of this chapter shall be permitted to operate at its present location provided that such establishment shall not be permitted to operate without a land use permit if any of the following occur: ORDINANCE NO. 96 2 ( 1 ) the establishment changes its type of retail off-sale _Liquor license granted by the State Department of Alcoholic Beverage Control (e.g. beer and wine to distilled liquor) ; ( 2 ) the establishment is abandoned, discontinued or the retail liquor license for such operation is suspended for a period of sixty ( 60 ) days , provided that this provision shall not apply when the business operation is suspended or discontinued because the building or structure .in which the establishment is operating is (a ) destroyed or damaged due to causes beyond the owner of the establishment ' s control by an act of God or a toxic accident which prevents the establishment from operating and any such restoration of the establishment does not increase the square footage of the business use for the sale of alcoholic beverages or; (b) being repaired if that repair does not change the nature of the establishment, does not increase the square footage of the business used for the sale of alcoholic beverages and the closure for repairs does not extend beyond a thirty ( 30 ) day period; ( 3 ) the off-sale alcoholic beverage retail use is increased, enlarged or expanded; ( 4 ) there is a substantial change in the mode or character of operation of the establishment; or ( 5 ) the retail liquor license is transferred to another location within the unincorporated area of Contra Costa County or the establishment, either in whole or in part, is moved or I relocated to another location within the unincorporated area of Contra Costa County. To the extent the provisions of this section ORDINANCE NO. 96- 3 conflict with the non-conforming use provisions of Chapter 82-8, this section shall prevail as to off-sale alcoholic beverage retail establishments . (Ord. 96- § 2 . ) 82-38 . 404 Review by Zoning Administrator. After a noticed public hearing ( following the requirements of section 26-2 . 2004 ) , the zoning administrator may determine, or postpone determination to another hearing date, whether there has been a substantial change in the mode or character of operation of the establishment under section 82-38 . 402(4 ) . In making this determination, the zoning administrator may consider whether repeated nuisance activities at the establishment, including those activities set forth in 82-38 . 606 ( 1 ) , have resulted in a pattern and practice, which taken together, constitute a substantial change in the mode or character of operation of the establishment . If the zoning administrator determines that such a change has occurred, he or she ma-y shalt. continue the public hearing €er a speeified peried of time 90 to 180 days , to allow the establishment to resume its former mode or character of operation in order to retain its non-conforming use status . e. aariing :aclmx .z5tr t3� ' 0zane.r such prel minary a nda ngs 'ln w z g During this period, the owner of the establishment or the owner's, agent may submit evidence of steps taken to document maintenance of its non- conforming use status , including those set forth in section 82- 38 . 608 . The zoning administrator ma- :shall.:ha render a final decision at a second or subsequent publ.xQ. hearing. The zoning administrator may, without public hearing, decide whether the events set forth in ORDINANCE NO. 96 4 section 82-38 . 402 ( 1 ) , ( 2 ) , ( 3 ) , or ( 5 ) have occurred . (Ord . 96- § 2 • ) 82 . 38 . 406 Decision by Zoning Administrator. If the zoning administrator determines that a land use permit is required pursuant to the provisions of sections 82-38 . 402' or 82- 38 . 4041 the requirements and procedures set forth in article 82- 38 . 6 shall apply. (Ord . 96- § 2 . ) Article 82-38 . 6 Land Use Permit . 82-38 . 602 Requirements . No off-sale alcoholic beverage retail establishment may commence to operate unless and until a land use permit is first obtained pursuant to this chapter and in accord with the provisions and the procedure set forth in Articles 2.6-2 . 20 through 26-2 . 24 . Any such off-sale alcoholic beverage retail establishment must maintain an approved land use permit in full force and effect in order to continue its operation . (Ord. 96- § 2 . ) 82-38 . 604 Additional Findings . In addition to the findings required to be made in Article 26- 2 . 20 and section 82-6 . 002 , no land 'use permit to allow an off-sale alcoholic beverage .retail establishment to operate shall be issued unless all of the following findings are made: ( 1 ) the proposed establishment will not contribute to an undue proliferation of off-sale alcoholic beverage retail establishments in an area where such additional. establishments would be ORDINANCE NO. 96 - 5 undesirable due to the area ' s function and character, ' including problems of crime, loitering, and traffic; ( 2 ) the proposed establishment will not adversely affect adjacent or nearby uses , including churches , schools , hospitals , parks , recreation centers and residences ; ( 3 ) the proposed establishment will not interfere with vehicular or pedestrian circulation along a public street or sidewalk and will not promote the accumulation of litter and debris on such streets or sidewalks or adjacent properties; ( 4 ) adequate litter receptacles will be provided and . maintained by the permittee on the site of the proposed use; and ( 5 ) the proposed establishment is found to be of an architectural and visual quality that harmonizes with or enhances , where appropriate, the visual quality of the surrounding area , and the design avoids unduly large or obtrusive signs , a bleak, unlandscaped parking area , and an overall garish appearance. (Ord. 96- § 2 . ) 82--38 . 606 Grounds for Revocation . In addition to the grounds for revocation of a land use permit set forth in section 26-2 .2022, any land use permit granted pursuant to this chapter may be modified, discontinued or revoked in accordance with the procedure set forth in article 26-2 . 20, if it is found that the use as operated or maintained : ( 1 ) has resulted in repeated public nuisance activities on the premises of the establishment, including but not limited to disturbances of the peace, illegal drug activity, public ORDINANCE NO. 96 6 drunkenness , public consumption of alcoholic beverages , harassment of passersby, gambling, prostitution, sale of stolen goods , public urination, theft, assault, batteries , acts of vandalism, loitering, excessive littering, illegal parking, excessive loud noises , (particularly after 10 : 00 p.m. or before 6 : 00 a .m. ) , traffic violations , curfew violations , lewd conduct or police detention and arrests ; ( 2 ) violates any provision of this Code or any federal or state law or regulation; or ( 3 ) violates any of the conditions or terms of the land use permit . (Ord . 96- § 2 . ) 82-38 . 608 Evaluation of Nuisance Activity. In evaluating whether nuisance activities are occurring on the premises of the establishment, the zoning administrator will consider any evidence timely submitted by owner of the establishment or the owner' s agent that reasonable steps to abate the nuisance, including contacting and cooperating with the Sheriff ' s Department, have been taken, provided that: ( 1 ) neither the owner of the establishment nor the owner' s agent shall be required to engage in abatement activity that would endanger the safety of the owner or the owner' s agent; and ( 2.) the fact that the owner of the establishment or the owner' s agent calls for the Sheriff ' s Department assistance shall z not by itself constitute a basis for_ . finding that a nuisance exists ORDINANCE NO. 96.- 7 on the premises of the establishment . (Ord. 96- § 2. . ) SECTION III . 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 §§ 25123 & 25124 . ) PASSED ON by the following vote: AYES: NOES : ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair [ SEAL] d;s-5\a1coho1.or2 ORDINANCE NO. 96- 8 - § ` t a ` t cl-�Ek' ' S T }d }' V11_"UBL k ' r '-' r° J;• ti �#'4L� ��^F�b S y� moi" ��` `` _ 'i 'w You are hereby,notified that ER'24 .1995 at 7:30 p:m An Roorn 107 McBrie s ration Budding, 65 Street, Martinez, California, the osta'County:,Planning C' MISM will;consider a ZONING T RDINANCE•described as folloi s r i. AROPO { D'OFF SALE ALCOHOLIC BEVERAGE RETAI ESTABLI` MENT ORDINANCE,County File#ZT 7 95 is a proposed ordinance `rovidin fora land use ermit rocess-:for'off sIcoholic P . 9 P. P, beverage,retail establishments m the unmcorporatetl are 'f;the County ` 51 If you.challenge the qctin court, you may be limit A vo raising only those M ; 7 issues you or som ne.else raised at the ublic h y p g`descr bed mthis notice,'or in writte orrespondence delivered to County at or prior to,the public hearing: -_ Fy Non For.further details, ra Costa County Community[development Department;651 Pine Street,.Martinez; California,or phone ARUNA GHAT at (510) 646-4208: 3 Harvey E. Bragdon, Director Contra Costa County Community Development Department OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 651 PINE STREET MARTINEZ, CALIFORNIA 94553 Phone: (510) 64&2371; FAX (510) 64&1059 PLEASE CONFIRM RECEIPT VIA PHONE DATE: TO: N I � /vi 2 S A) FROM: 'LAW TOTAL PAGES INCLUDING THIS COVER: 3 j . ✓ t-v-\ ee -0, 6+ tl.,a Qkt-Z I AdAJ I 1 PLEASE ADVISE ZIP FOR ANY REASON YOU DO NOT RECEIVED THIS ITEM COMPLETE! m CD 0 DO Z 0 --A -u z fJ C7 cn m t i 70 0 Z -kl 4� -u 70 C) =3 :13 W ct lid oC) 10 =3 02g CD =Y' =r--A Om 00 (D CD w M (D Cy- En CD CD G)C9 Z w C) CO cf)C: cn C) rt c co CD Cf) m- CD m m 1H (D CD 0 3 M 0 KD CD -4z lw N (t C-) -nm C/) z =r M CD (D � �l l(D ;ft (n 1G) > Iln Co C) m sv ��l 16 G) OR z iH- i I(D L--1 Ei R U) .0 M S� (D IF- 10 -M 0 > < -u-u Uil C;u c CD INJ in I'd r, ;v> 0 Fn, cn M (0 , �-h;'(D rt lCD X 0 cn -G >;M F , x w 0 0 LH M 2:C: 'o-) I I --i - !F-.q a, >Fn z LO CA (D H. . m Icr : tp m �l G) < Cl) M M 0 m cn C) I)j -t- i F�3 ! 0 -u C') i �-3 m 0 < ' rj) C)c: N Z w '0 M 0 �4 <m > ct MOOZM < 0 cm -n LA Cr -u C: E c FD ,,-o 0 (D �-h rt I Cl) 050 (D !(D Fo > SI) . -u m C) z cm o �3, Lri P PJ W rl (D �o Z m F- Cl) C0 m � i 0 0 !�-3 < (t (D I(D I J�-q z m z 0) 0 C) , i Ito 10 0 iw:5 0 z nQ m "m p (D �l Cr -t Fl. 'o sL '0 t to It-h 12 �D A) t5 # 'o 31) t� �fo Cl) rt 0 N) O r-h rl m �> lk.0 0 a: (D b > �j b > DO I I '('ID F 1 0, K x G)m vou 0 m m ct p w C: I C) z z Cl) �D' I m A) tD '0 Ft 0 co Cl) 0-0 cw 0 DO 0 m 0 a: :X)C: m m 0- 0 M 0 -u 0 m 0-u MO 59 m C: 74 z :X) M8 DoM c@ M > m z Cl) m 0 m 0 (D z Z m m z 0 z 0 0 D E:1 -u 0 C) 0 i M �-j 0 M -1 -T Z C: 77, ct E::] < m m (D E] lv x D 0 m W 03 0P 0 r3 UD C- m Dco C) tij 0 00 0 A I L) m l(D h, > D J C/) Z co CM > �o m 0 co m cr) 0 C) z m :10 CO pl A J �= Contra TO: BOARD OF SUPERVISORS . Costa -- J; FROM: Harvey E. Bragdon County Director of Community Development DATE: May 7, 1996 SUBJECT: Proposed Off-Sale Alcoholic Beverage Retail Establishment Ordinance SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Introduce the attached Off-Sale Alcoholic Beverage Retail Establishment Ordinance, waive reading, hold public hearing and set for adoption at a later date. FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS On March 21, 1995, the Board of Supervisors directed County Counsel's Office and the Community Development Department to draft a County Ordinance, requiring off-sale alcoholic beverage retail establishments to apply for a conditional use permit. The Board also requested input from the County Planning Commission, Regional Planning Commissions, Substance Abuse Advisory Board, Youth Commission and Sheriff. The Ordinance is being proposed to .allow the County to control land use activities related to off-sale alcoholic beverage retail sales as well as provide measures to alleviate emerging community problems. At the Board's direction, the Ordinance has been drafted to control the proliferation of new establishments and also to apply to existing establishments when they change in character or lose their non-conforming status. CONTINUED ON ATTACHMENT: x YES SIGNATURE: - - — _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO ITTEE 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. Source: Aruna Bhat 646-4208 ATTESTED__ Orig. Dept. Community Development PHIL BATCHELOR, CLERK OF cc: County Counsel THE BOARD OF SUPERVISORS Sheriff's Office AND COUNTY ADMINISTRATOR Substance Abuse Advisory Board Contra Costa Countywide Youth Commission BY , DEPUTY Staff held a study session before the East County Regional Planning Commission on October 2, 1995. The majority of the Commission was opposed to the Ordinance with the following comments: The proposed Ordinance is discriminatory since it exempts stores larger than 10,000 square feet with less than 5% of the area used for the sales, display and storage of alcoholic beverages. The Ordinance should only be applied to "problem areas" of the County. The Ordinance needs to be strengthened (i.e.,enforcement mechanism) . Staff held a study session before the San Ramon Valley Regional Planning Commission on October 18, 1995. The Commission was supportive of the proposed Ordinance. They felt that a change in ownership of the liquor store should also trigger a use permit application. Staff indicated that land use permits run with the title to land. The Contra Costa Countywide Youth Commission recommended adoption of the Ordinance at its July 26, 1995 meeting. The draft Ordinance was reviewed and recommended for approval by the Substance Abuse Advisory Board. The County Sheriff's Office had no objections to the proposed Ordinance. The County Planning Commission heard the proposed Ordinance on November 7, 1995, and recommended approval of the Ordinance with the deletion of the 2nd sentence in Article 82-38.206 by a vote of 4-2 with one member absent (shaded area in Section 82-38.206 of the attached Ordinance) . They felt that the larger stores should not be exempt from the land use permit process. Some Commissioners expressed concern that insufficient evidence was submitted documenting a need for the adoption of the proposed Ordinance. After the draft was circulated to the Commissioners, Supervisor Rogers suggested that the shaded area in Section 82-38.404 be substituted and added to impose mandatory duties on the Zoning Administrator in the public hearing process for Section 82- 38.402 (4) concurring substantial change in the mode and character of operation of the establishment. For the purposes of establishing compliance with the California Environmental Quality Act, staff finds that this activity is not a project subject to CEQA, pursuant to Section 15061 (b) (3) . It can be seen with certainty that adoption of the proposed ordinance could not have a significant effect on the environment because it has no potential" to change any asnect of_-the physical environment. VJ � 00 NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER COUNTYWIDE AREA NOTICE is hereby given that on Tuesday, May 7 , 1996 , at 2 : 00 p.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters : Recommendation of the Contra Costa County Planning Commission on a proposed ordinance providing for a land use permit process for off sale alcoholic beverage retail establishments in the unincorporated area of the County (ZT 7- 95) . The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California. (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California) 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 : April 22, 1996 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By- Ann Deputy Clerk