HomeMy WebLinkAboutPlanning Comm Reports/1993/05/26 (5)
City Planning Commission
Agenda Item for Meeting of May 26, 1993
Page 1
4.
PUBLIC HEARING:
PCA 92-03 - Consideration of an amendment to Title 19 of
the Chula Vista Municipal Code to require a conditional use
pennit for any proposal to expand or modify alcoholic
beverage sales facilities in the C-N zone - City initiated
A. BACKGROUND
1. On August 25, 1992, the City Council adopted Ordinance No. 2526 to require the
issuance of a conditional use pennit to sell alcoholic beverages in the C-N zone.
2. At the meeting of April 13, 1993, Council expressed concern with the fact that the
new ordinance does not distinguish between the extent or amount of alcohol sales
or between the sale of beer, wine and hard liquor, and thus previously approved
or "grandfathered" facilities in the C-N zone are able to expand or modify their
operations without local review and approyal.
3. On April 20, 1993, Council adopted an interim urgency ordinance (Ordinance No.
2552) to require a conditional use permit for any proposal to expand or modify
alcohol sales in the C- N zone, and directed staff to return with a permanent
amendment to the Code within 90 days.
4. The Environmental Review Coordinator has detennined that the proposed
amendment is exempt from environmental review as a minor alteration in land
use, in accordance with Section 15305 Class 5 of the CEQA guidelines and Class
5F of the City of Chula Vista Environmental Review Procedures.
B. RECOMMENDATION
Adopt Resolution No. PCA 92-03 recommending that the City Council enact the attached
draft City Council ordinance to amend the requirements for alcoholic beverage sales
facilities in the C- N zone.
C. DISCUSSION
The City Council wishes to establish a local review and approval process which would
ensure that the operation of all alcoholic beverage sales facilities within the CoN zone is
consistent with the intent and purpose of the zone to provide for convenient access to
goods and services while preserving and complementing the character of the surrounding
residential area. It is believed that the expansion or modification of alcohol sales in the
C-N zone may have an adverse impact on the public health, safety and welfare as it
relates to an over-concentration of alcohol sales and the resulting impact on crime in the
surrounding area.
The current ordinance requires the issuance of a conditional use pennit only for the
establishment of new alcoholic beverage sales facilities within the C-N zone. Previously
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City Planning Commission
Agenda Item for Meeting of May 26, 1993
Page 2
approved and "grandfathered" facilities could expand or modify their operations without
local review and approval. Adoption of the amendment would require that any
modification or expansion of alcoholic beverage sales operations in the C-N zone shall
be subject to issuance of a conditional use permit, in accordance with the provisions of
CYMC Section 19.14.030A6, thus establishing a review and control mechanism to ensure
compliance with the C-N zone intent and purpose.
Section 19.14.030A6 requires a Zoning Administrator conditional use permit with a public
hearing for alcohol sales facilities in the C- N zone. In addition to the normal findings
required for a CUP, and in consultation with the Police Department, the Zoning
Administrator is required to find that the facility would not result in an overconcentration
of such facilities in the neighborhood.
Overconcentration may be found to exist based on (I) the number and location or existing
facilities; (2) compliance with State Alcohol Beverage Control overconcentration
standards in effect at the time of project consideration; (3) the impact of the proposed
facility on crime; and (4) the impact of the proposed facility on traffic volume and traffic
flow. The City Council is informed of the Zoning Administrator's decision, and the
Councilor other interested party, can appeal the matter directly to the City Council for
public hearing.
The proposed amendment to Chapter 19.34, C-N Neighborhood Commercial Zone, of the
Chula Vista Municipal Code reads as follows:
Section 19.34.030 Conditional Uses
H. Establishments contained in the list of permitted uses above, but
which include the sale of alcoholic beverages for off-site use or
consumption, including anv new facilities and any facilities which
expand the area devoted to alcohol sales or which require the
issuance of a tVDe of alcoholic beverage license by State Alcohol
Beverage Control. different from the license previously held. in
accordance with the procedures in Section 19.14.030;
The language for the proposed amendment to Section 19.34.030 differs from that which
was adopted as part of the Interim Urgency Ordinance No. 2552 in order to avoid
unnecessary reviews of insignificant changes such as a change in the brand of alcoholic
beverage sold which does not require a change in the type of licensing by A.B.C. The
A.B.c. requires a different type of license for malt beverages and beers, wines and
distilled spirits, as well as for some alcoholic beverages within these classes when there
is a proposed change in the alcoholic content of the beverage. Thus, the amendment
would require local review if there is any significant change in the type of alcoholic
beverage sold.
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RESOLUTION NO. PCA 92-03
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING TO THE CITY COUNCIL
THE ADOPTION OF AN AMENDMENT TO SECTION
19.34.030 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO REQUIREMENTS FOR THE EXPANSION OR
MODIFICATION OF ALCOHOLIC BEVERAGE SALES
FACILITIES IN THE C-N ZONE
WHEREAS, on August 25, 1992, the City Council adopted Ordinance no. 2526 to require
the issuance of a CUP to sell alcoholic beverages in the C-N zone, and
WHEREAS, on April 13, 1993, Council expressed concern that the ordinance does not
distinguish between the extent or amount of alcohol sales or between the sale of malt beverages
& beer, wine and distilled spirits, and thus previously approved or "grandfathered" alcoholic
beverage sales facilities are able to expand or modify their operations without local review and
approval, and
WHEREAS, the expansion or modification of alcohol sales in the C-N zone may have an
adverse impact on the public health, safety, and welfare as it relates to an over-concentration of
alcohol sales and the resulting impact on crime in the surrounding area, and
WHEREAS, on April 20, 1993, Council adopted Interim Urgency Ordinance No. 2552
to require for a period of 90 days conditional use pennit, in accordance with CVMC Section
19. 14.030A6, for any proposal to expand or modify alcohol sales in the C-N zone, and directed
staff to prepare a permanent ordinance for adoption by Council, and
WHEREAS, the project PCA 92-03 is exempt from environmental review as a minor
alteration in land use, in accordance with Section 15305, Class 5 of the CEQA guidelines and
Class 5F of the City of Chula Vista Environmental Review Procedures; and
WHEREAS, the Planning Director set the time and place for a hearing on the proposed
amendment and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the city at least ten days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.,
May 26, 1993, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION,
based on the facts presented at the hearing, recommends that the City Council adopt the attached
draft ordinance amending Section 19.34.030 of the Municipal Code based on the findings
contained therein.
That a copy of this resolution be transmitted to the City Council.
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Resolution No. PCA 92-03
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PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 26th day of May, 1993, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Susan Fuller, Chair
A TIEST:
Nancy Ripley, Secretary
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 19.34.030 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO REQUIREMENTS FOR THE EXPANSION OR
MODIFICATION OF ALCOHOLIC BEVERAGE SALES FACILmES
WHEREAS, on April 13, 1993, the City Council expressed concern with the fact that the City's
recently adopted ordinance requiring a conditional use pennit for alcohol sales facilities in the C-N zone
(Ordinance No. 2526) does not distinguish between the extent or amount of alcohol sales or between the
sale of malt beverages & beer, wine and distilled spirits, and
WHEREAS, a previously approved or "grandfathered" alcohol sales facility in the C-N zone can
therefore expand or modify their operations without local review and approval, and
WHEREAS, the expansion or modification of alcohol sales in the C-N zone may have an adverse
impact on the public health, safety, and welfare as it relates to an over-concentration of alcohol sales and
the resulting impact on crime in the surrounding area, and
WHEREAS, on April 20, 1993, Council adopted an interim urgency ordinance (Ordinance No.
2552) requiring for a period of 90 days a conditional use pennit, in accordance with CVMC Section
19.14.030A6, for any proposal to expand or modify alcohol sales in the C- N zone, and directed staff to
prepare a pennanent ordinance for consideration and adoption prior to the expiration of the 90-day
period, and
WHEREAS, on May 26, 1993, the Planning Commission adopted resolution PCA 92-03 by a vote
of to recommend that the City Council enact the proposed amendment, and
WHEREAS, the Environmental Review Coordinator has detennined that the Project PCA 92-03
is exempt from environmental review as a minor alteration in land use, in accordance with Section 15305
Class 5 of the CEQA guidelines and Class 5F of the City of Chula Vista Environmental Review
Procedures.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, detennine
and ordain as follows:
SECTION I: That the public necessity, convenience, general welfare and good zoning practice
justifies the amendment and that the amendment is in substantial compliance with the City of Chula
Vista General Plan.
SECTION II: That Section 19.34.030 of the Chula Vista Municipal Code is amended to read as
follows:
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Ordinance No.
Page 2
19.34.030
Conditional uses.
The following uses shall be pennitted in the CoN zone, provided a conditional use permit is
issued in accordance with the provisions of Section 19.14.060:
A. Automobile service stations, in accordance with the provisions of Section 19.58.280;
B. Sale of beer or other alcoholic beverages for consumption on the premises only where the sale
is incidental with the sale of food;
C. Electrical substations and gas regulator stations, subject to the provisions of Section 19.58.140;
D. Unclassified uses, see Chapter 19.54;
E. Roof-mounted satellite dishes subject to the standards set forth in Section 19.30.040;
F. Recycling collection centers, subject to the provisions of Section 19.58.340;
G. Automated, drive-through car washes in accordance with the provisions of Section 19.58.060;
H. Establishments contained in the list of permitted uses above, but which include the sale of
alcoholic beverages for off-site use or consumption, including anv new facilities and anv facilities
which expand the area devoted to alcohol sales or which require the issuance of a type of
alcoholic beverage license bv State Alcohol Beverage Control different from the license
previouslv held, in accordance with the procedures in Section 19.14.030;
1. Liquor store (package, off sale only), in accordance with the procedures in Section 19.14.090.
SECTION III. Ordinance Number 2552 is repealed, effective when this ordinance becomes
effective.
SECTION IV. Effective Date. This Ordinance shall take effect and be in full force and effect
on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
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