HomeMy WebLinkAbout1992/08/25 Item 12
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 8/25/92
ITEM TITLE:
Public Hearing: Amendment to the Municipal Code,
PCA-92-03 - Consideration of an amendment to the
Municipal Code to require a conditional use permit for
sales of alcoholic beverages in the CoN zone - City Initiated
SUBMITTED BY:
Ordinance ~ C; A~ Adopting PCA-92-03
Director of Planning /' ~.(
City Manager ~'1\o
R"
(4/5ths Vote: Yes_NoJO
Council Referral No, 2626
REVIEWED BY:
On April 21, 1992, in consideration of a report on alcohol sales facilities in CoN
Neighborhood Commercial zones, the City Council directed staff to return with a
proposed ordinance outlining an application procedure for alcohol sales in the CoN
zone which would require approval by the City and input by the Police Department,
with approval being subsequently placed on the consent calendar for the Council's
next regularly scheduled meeting. In response to this direction, a draft Code
amendment was prepared,
This item was continued from the City Council meeting of August 25, 1992, at the
request of the City Attorney in order to refine the proposed amendment language to
clarify what factors would be considered in determining whether or not an
"overconcentrated" condition exists. Although the language has been modified
somewhat, its substance has not changed, and thus we do not believe it is necessary
to return the amendment to the Planning Commission for reconsideration,
The Environmental Review Coordinator has determined 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, or Class 5F of the
City of Chula Vista Environmental Review Procedures,
RECOMMENDATION: That Council adopt PCA-92-03.
BOARDS/COMMISSIONS RECOMMENDATION: On July 22, 1992, the Planning
Commission voted 4-2 to recommend that Council adopt the ordinance,
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Page 2, Item I:J..
Meeting Date 8/25/92
DISCUSSION:
Concern about alcohol sales in the C-N zone was raised by Council in conjunction
with a zoning text amendment and conditional use permit application by Texaco to
redevelop an existing service station at 1498 Melrose Avenue by adding a car wash
and mini-market with sales of beer and wine. Several surrounding business owners
and residents expressed opposition to Texaco's proposal based in part on what they
perceived as an over-concentration of alcoholic sales facilities and the resulting
impact on crime in the area. The City Council called the Texaco application forward
on appeal and, at the applicant's request, delayed the matter until after the
resolution of the alcohol issue.
The earlier staff report on the alcohol sales issue favored continued reliance on the
review procedures of the State Department of Alcoholic Beverage Control (please see
attached for a copy ofthe April 21, 1992, report to Council). A local process, however,
would provide an additional degree of oversight and control which is consistent with
the purpose and intent of the C-N zone to provide for convenience goods and services
within residential neighborhoods in a manner which is compatible and
complementary to the surrounding residents.
The proposed ordinance provides for a Zoning Administrator conditional use permit
with a public hearing which provides notification of residents located within 300' of
the project for all new 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 would also be required to find that the facility would not
result in an overconcentration of such facilities in the neighborhood. The City
Council would be informed of the Zoning Administrator's decision, and the Council
or other interested party, could appeal the matter directly to the City Council for
public hearing.
FISCAL IMPACT: Undetermined. There is no compensation proposed for the staff
time and public hearing costs associated with Council initiated appeals.
WPC F,\HOME\PLANNING\0422p
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ATTACHMENT
COUNCIL AGENDA STATEMENT
ITEM TITLE:
SUBMITTm BY:
Itell
Meeting Date 4/21/92
PCH-g2-14: Alcohol Sales Facilities in CoN Zones
Director of Pllnning
Chief of Police
REYIEVm BY:
City Manager
(4/5ths Yote: Yes___"o-1-)
Council Referrll No. Zi!1
On February II, 1992, Council directed the Pllnning Department, with
Issistance from the Pol ice Department Ind input from the State Department of
Alcoholic Beverage Control (ABC), to prepare 3 report Ind recommendation on
the number of Ilcohol sales facilities that should be Illowed within CoN
(Neighborhood Commercial) zones. Some concern has 11 so been expressed with
concurrent sales of gasoline Ind Ilcohol, particularly within the CoN zone.
This report addresses both issues.
REC~ENDATION: That Council not adopt Iny local standards with respect to
the concentration or concurrent sales of alcohol, but rather continue to rely
on the State Department of Alcohol ic Beverage Control process Ind procedures
to regulate the establishment of alcohol sales facilities in the CoN zone.
BOARDS/COMMISSIONS RECOMMENDATION: The Council directed that the report be
returned for its consideration prior to consideration by the Planning
Commission.
DISCUSSION:
These issues came to the Council's attention because of neighbor~ood
opposition to a pending conditional use permit application by Texaco to
redevelop an existing service station by adding a car wash and mini-market
(with Ilcohol sales) at the northwest corner of Orange Ind Melrose Avenue.
The oppos it i on centers around traffi c issues Ind concern wi th I perceived
over-concentration of Ilcohol sales facilities in what is thought to be a high
crime Irea. Counc il has called the Texaco Ipplicat i on forward on Ippeal Ind
will hear the matter following resolution of the issues discussed in this
report.
The CoN zone presently permits liquor stores (off-slle) IS I matter of right,
but prohibits on-sale facilities such IS bars Ind cocktlil lounges. A
restlurant with on-slle liquor requires I conditional use permit. The slle of
gasoline is not permitted as I matter of right in any zone, but requires I
conditional use permit in 111 commercial or industrial zones, including the
CoN zone. A Clr wash is Illowed by conditional use permit in the CoN zone IS
I result of I recently Ipproved ordinance.
Texaco was required to file for a conditional use permit because of its
proposal to redevelop the property (modification of In existing conditional
, use), and add a car wash. As noted above, a mi ni-market with or without
liquor sales 15 presently permitted as I matter of r.ight Ind would not have
independently required a CUP.
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'age 2, Item
Meeting Date ~/21/92
State law makes the issuance of a license for premises to engage in the sale
of alcoholic beverages the function of ABC, not cities. The State's control
of the field, however, is not exclusive of all City interests. A City may
prohibit alcohol sales in a particular zone, or may require a conditional use
permit, and the ABC is obligated to honor these local zoning provisions. In
addition to a complete ban within a zone, a valid zoning ordinance could allow
off-sale facilities subject to legitimate "police power" requirements, such as
reasonable anti-concentration provisions similar to those applicable to "adult
uses" (distance requirements from residential, school, park, church,
playground, or other such uses).
A representative of ABC met with staff to describe its licensing process. The
ABC evaluates a license application based upon the 1II0ral character of the
applicant, general locational factors such IS zoning, and Rule 61.3 which
involves the issue of "over-concentration" in "high crime areas." The
applicant may not be a felon or a habitual drunk. Police officers and liquor
wholesalers are also prohibited from holding a license. Additionally, the
source of funds for the proposed facility is investigated to ensure that the
actual owner is not one of the above.
The app11cant is instructed to contact the City Planning Department, obtain
information as to the specific zoning at the premises, as well as City
requirements for alcohol sales in that zone, and report the information back
to the ABC. I f the City requi res a condi t i Dna 1 use permi t for the sale of
alcoholic beverages, the ABC immediately suspends investigation of the license
application until provided proof that the CUP has been granted. If the City
does not permit alcohol sales in that zone, ABC would strictly adhere to the
City's requirements and deny the application.
ABC also has its own locational criteria. These provide that off-sale
premises shall not be located closer than 200 ft. to a residence, church,
school or playground. If the applicant can cite reasons of public convenience
and necessity and no adverse impact on the neighborhood, the requirement may
be modified. ABC exercises its discretion .so that a license to sell alcohol
will not be granted within 100 ft. of a sensitive land use if .a
resident/property owner objects. Note: notices of the license app11cation
are mailed by the applicant (and confirmed by affidavit to ABC) to all
properties within 500 ft. of the site, and these property owners are gjven 30
days within which to protest the issuance of the license.
A spechl circumstance exists when an app11cation falls within a "Rule 61.3"
area. These areas exhibit what ABC defines as an over-concentration of
alcohol sales facilities combined with a high crime rate. The area of
measurement is the census tract. An over-concentration of licenses (this is
figured separately for on-sale and off-sale facilities) occurs when the ratio
of licenses to population for the census tract exceeds the ratio for the
County IS a whol e. A hi gh crime rate census tract is one whi ch exhi bl ts a
crime rate 20% or greater than the average crime rate for the City as a whole.
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Page 3. Item
Meeting Dlte _/21/92
A copy of all appl1cat ions is forwarded to the Police Department and City
Council (vii the City Clerk) for review and comment. If a license applicltion
is within a Rule 61.3 Irel (the over-concentrltion and high crime rite
statistics are predetermined and on file at ABC for use in screening
applications), the ABC will alert local authorities. This is done by notation
on the application, as well as by a follow-up telephone call to the Police
Department to ensure that these particular applications are not overlooked and
thus rlceive the appropriate scrutiny.
A Rrotest by local authorities will result in an investigation by ABC. This
'includes a meeting with the Police Department to determine if the issue(s) can
be resolved by way of ABC-imposed conditions on the license. Examples of such
conditions could be a limitation on hours or a restriction on the size of
alcohol containers (see attached memo and example protest letter from the
Police Department).
If the issue(s) cannot be resolved to the satisfaction of local authorities,
ABC w111 deny the application for the license, 'and the applicant is entitled
to an administrative hearing. Based on the evidence, the hearing officer
could recommend that ABC either issue or deny the permit. According to the
Police Department, however, a license would likely not be issued over its
protest.
The site at Orange and Melrose Avenues h within a census tract where the
optimum number of licenses is eight and the number of licenses already issued
h eight. Therefore, the issuance of a license to Texaco would exceed the
optimum number and result in an "over-concentrated" condition. However, the
arel is not a high crime area, and consequently does not fall under Rule 61.3
(which involves over-concentration ln2 a high crime rate). Although the City
could still Object and force I hearing as noted earlier, the Police Department
reports that it does not foresee a problem with the issuance of a license to
the Texaco mini-market, and it does not recommend that the City protest
license issuance in this case.
In conclusion, the City would appear to have three options with respect to
alcohol sales in the CoN zone: (1) totally prohibit alcohol sales in the
zone, which would raise the issue of creating a significant number of
nonconforming alcohol sales facilities which presently exist in CoN zones; (2)
require a conditional use permit and analyze each application on I
case-by-case bash, or (3) continue to rely on the existing ABC process and
procedures.
The staff recommendation 15 to continue to rely on the 'ABC process. There
does not appear to be a problem with alcohol sales in the CoN lone. Alcohol
1s a convenience item which is normally available in all convenience markets,
and convenience markets are the mainstay of the CoN zone. Also, the ABC
process involves notice and opportunity for input/objection from the
surrounding neighbors as well as from the City Council and Police Department.
An analysis of concentration of fac11ities and crime rate h also part of the
ABC process to assist the Police Department in identifying potential problem
locations.
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Page 4, Ite.
Meeting Date 4/21/92
Con~urrlnt slles of alcohol and Gasoline
The issue of concurrent sales of alcohol and gasoline has been raised by ~any
localities since the advent of the mini-market in the mid 1970's. Although it
is probably fair to say that the vast majority of alcohol purChases are made
in conjunction with an automobile trip u whether that be to the grocery
store, liquor store, or mini-market -- to some observers there appears to be
something inherentlyunsett1ing about purchasing liquor and gas at the same
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The City Attorney reports that attempts by municipalities to control or
prohibit the concurrent sale of liquor and gasol1ne resulted, in 1987, in a
new State law (Business and Professions Code Section 23790.5) which makes it
clear that a local ordinance totally prohibiting the concurrent sale of beer
and wine for off-premise consumption and motor vehicle fuel, where those uses
are otherwise lawful in the same lone, is prohibited by State law.
The City Attorney further reports that the law would not prohibit a city from
requiring a conditional use permit for concurrent sales if the standard by
which the conditional use permit is granted. denied or conditioned constitutes
an appropriate health, safety. or general welfare standard. and the ordinance
contains specified due process provisions. Thus. if the denial or conditional
approval of a cond it i ona 1 use permit 15 based on some art I culated health,
safety or general welfare standard other than a blanket prohibition against
concurrent sale, the ordinance could survive legal challenge.
Although the City could therefore adopt a conditional use permit process to
address the issue of concurrent sales on a case. by-case bas 15, according to
both the Pollee Department and ABC, there is no dlscernable connection between
the concurrent sale of alcohol and gasoline and the incidence of driving under
the influence. traffic accidents. or any other health or safety issue. As
noted above, the purchase of alcohol is generally associated with an
automobile trip. and the purchase of gasoline is only incidental to the
process .
In conclusion, the staff recommendation is not to pursue a conditional use
permit process for concurrent sales. Any potential problem with respect to
alcohol sales. whether it be in an independent or concurrent sales context,
appears to be adequately addressed through the existing ABC process.
FISCAl IMPACT: None.
"PC 0231p
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EXCERPT FROM CITY COUNCIL MINUTES OF APRIL 21, 1992
(
28. REPORT PCM-92-14: ALCOHOL SALES FACllJ1lES IN NEIGHBORHOOD
COMMERCIAL (C-N) ZONES - On 2111192, Council directed the Planning Department, with assistance from
the Police Department and input from the State Department of Alcoholic Beverage Control (ABC), to prepare
a repon and recommendation on the number of alcohol sales facilities that should be allowed within a C-N
zone. Some concern has also been expressed with concurrent sales of gasoline and alcohol, particularly
within a CoN zone. The report addresses both issues. Staff recommends Council not adopt any local
standards with respect to the concentration or concurrent sales of alcohol, but continue to rely on the State
Department of Alcoholic Beverage Control process to regulate the establishment of alcohol sales facilities
in the CoN zone. (Director of Planning)
Mayor Nader returned at 7:16 p.m.
MOTION: (Nader) to fonvard the item to the Planning Commission for review and recommendation.
Motion died for lack of second.
Councilman Malcolm stated he had some problems with too many alcoholic beverage sale locations. He
thought a more proper procedure might be for Council to receive a copy of a new application in their
Council packet so they would have a chance to review it to determine whether or not any action should be
taken. He would rather see an ordinance that would allow Council to deny gas stations or additional fast
service stores from locating where there were already too many, if Council deemed it appropriate.
Mayor Nader stated that at the minimum, he would want input from the Police Department.
Councilman Malcolm responded that the Police Department and Administration were already involved.
Councilman Rindone said he had a concern with the proposal because that was getting the policy making
function of the Council into the administration of the City. He thought what they should do was set policy
but not place themselves where they were administratively reviewing cenain segments of the City when it
reached a certain threshold. He said it needed to be established by policy and reponed to Council by staff.
Councilman Malcolm pointed out that he was just referring to the C.N zone.
CoUncilwoman Grasser Honon felt that the staff repon pretty much addressed Council's concerns.
,
Councilman Malcolm responded that he did not want to wait until the surrounding neighborhood had a
problem, but to look into the future and be proactive versus reactive.
MSUC (Nader/Ma1colm) to refer to staff to develop an ordinance to bring before CouncD for heariag and
consideration which would provide that when there is an application to sell alcohol in C-N zone, It would
be subject to approval of the City and specifically of the Police Department and that such approvals would
be placecl on the Consent Calendar of the following City Council meeting.
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12 - (
UNOFFICIAL MINUTES
EXCERPT FROM PLANNING COMMISSION MINUTFS OF 7/22/92
ITEM 3:
PUBLIC HEARING: PCA-92-03 - CONSIDERATION OF AN
AMENDMENT TO THE MUNICIPAL CODE TO REQUIRE A
CONDmONAL USE PERMIT FOR SALES OF ALCOHOLIC
BEVERAGES IN THE C-N ZONE - City Initiated
Senior Planner Griffin .stated that in response to the City Council's request, staff was proposing
an ordinance which would require a Zoning Administrator conditional use permit with public
hearings for all such facilities. In addition to the normal findings required for a conditional use
permit, the ordinance would also require the Zoning Administrator to find that any additional
facility would not result in an over concentration of alcohol sales in a particular area. The
ordinance would allow the Zoning Administrator's decision to be appealed directly to the City
Council. Staff recommended that the Planning Commission endorse the ordinance as shown in
Exhibit A to the staff report.
Commissioner Decker asked if a decision of the Zoning Administrator could be appealed to the
Planning Commission if desired by the applicant. Senior Planner answered that the intent was
to have the appeal process go directly from the Zoning Administrator to the City Council. It
would not be an option of the applicant to appeal to the Planning Commission.
Commissioner Decker asked that the wording on page 3-7 of the ordinance be changed from
"may" to "shall". Assistant City Attorney Rudolf explained that the applicant was not being
required to appeal; it was the intent of the ordinance for the decision of the Zoning
Administrator to be final unless appealed to the Council. Commissioner Decker concluded then
that the applicant could appeal to the Planning Commission if desired. Assistant Attorney
Rudolf stated that the intent was to not allow an appeal directly to the Planning Commission and
give a double review.
Senior Planner Griffin concurred that the language caused it to appear optional, and it could be
clarified. Mr. Griffin said that if the Commission wished, the language could be clarified.
Commissioner Martin, referencing page 3-6, was concerned with the paragraph stating "there
was no discernable connection between the concurrent sale of alcohol and gasoline and the
incidents of driving under the injluence...." At a Planning Commissioners' meeting in
Monterey, they had been told the opposite. Commissioner Martin was interested in how the
Police Department had been asked about this. Mr. Griffm answered that the Police Department
and ABC's point was that there was no connection between the fact that alcohol was available
at a mini-market which also sold gasoline and the incidents of driving under the influence.
Commissioner Martin was concerned with that logic. In answer to Mr. Martin's query, Mr.
Griffm said the question and issue was discussed very directly with the Police Department, and
they said there was no connection.
Chair Casillas said he, too, was concerned with that language and had met with the Chief of
Police and two Lieutenants. After a discussion with them, he was satisfied that the Police
12-$/
Department would review applications for licenses thoroughly, the statistics in the area, and the
concentration of licenses in a particular area. He supported the proposal.
Commissioner Tuchscher felt the ABC was doing a good job, and this was redundant. He saw
a real bottleneck in the system in that before the ABC would investigate whether a license would
be allowed, the applicant would have to have a CUP in hand. That would mean a considerable
amount of time and money spent in going through the process of getting a CUP before even
applying to the ABC. He felt a tremendous amount of time would be added to the process, and
another layer of bureaucracy. He did not support the ordinance.
Chair Casillas explained that the process the Police Department would go through was essentially
the process the ABC would go through. If the Police Department of the City felt it may not be
appropriate for the ABC to grant the license, they would register their comment. Chair Casillas
felt that in all likelihood the ABC would not grant the license.
Commissioner Fuller asked if that was not part of the ABC process--they work with the Police
Department in this. She reiterated the options listed in the staff report, one of which was to
continue to rely on the ABC process. Commissioner Tuchscher, reading from the staff report,
said the ABC process involved notice and opportunity for input/objection from the surrounding
neighbors as well as the City Council and Police Department. He hoped they would do that,
and felt very comfortable that the ABC would listen to the City and, if there was an objection,
to not grant the license.
Senior Planner Griffin clarified that the report referred to was background information which
had previously been sent to Council. It was Council's direction to prepare an ordinance, and
staffs recommendation at this time was to adopt an ordinance as shown in Exhibit A. Mr.
Griffin believed Council's feeling was that the Zoning Administrator process with the public
hearing would allow a locally based hearing for the surrounding residents which would be more
personal, more customized.
Chair Casillas felt the ABC could use any assistance the community could give them, since they
were cutting back in personnel. Commissioner Tuchscher said he understood it was taking the
ABC as much as six months to issue a license and the applicant is in a holding pattern. If we
required a CUP process prior to that, Mr. Tuchscher felt there would be another three or four
months added. Senior Planner Griffm said the Zoning Administrator process would probably
be finalized within one month. If it was appealed on, it could add an additional three weeks to
a month. If the Zoning Administrator's decision was not appealed, it would be about a one-
month process. Commissioner Tuchscher did not feel the ordinance was necessary; he felt input
was important; that if the Council was not currently noticed with regard to ABC applicant, they
should be; that the Police Department should take the notices seriously. He did not feel the
system needed more layers.
Commissioner Martin believed it was not smart to sell alcohol and gasoline at the same time.
He did not have a problem with the layers of bureaucracy.
/2- <1
In response to Commissioner Decker's previous question, beginning with "The decision of the
Zoning Administrator may be appealed," Assistant City Attorney Rudolfsuggested the following
(as underlined): "The decision of the Zoning Administrator may be appealed~ Such appeal mm1
I2f. directly to the City Council rather than to the Planning Commission, and must be filed within
10 days after the decision is filed with the City Clerk." Mr. Rudolf felt that would clarify the
ambiguity Mr. Decker found.
This being the time and the place as advertised, the public hearing was opened.
Norm Ross, 380 Parkway, Chula Vista 91910 said he had been through the process of applying
for a beer and wine license. He concurred with Commissioner Tuchscher that it took six to nine
months to get a license of any type, and that the ABC does a thorough job. Mr. Ross said that
if he understood the proposed ordinance correctly, everyone would need a conditional use permit
to sell liquor in a C- N zone, including restaurants, etc. that did not sell gasoline. He felt that
would be unfair. He suggested the Commission simply state that liquor and gasoline could not
be sold at the same time.
No one else wishing to speak, the public hearing was closed.
MSC (Decker/Fuller) 4-2 (Commi<sioners Carson and Tuchscher voted against) to
recommend that the City Council accept the amendment to the Municipal Code as
published in Exhibit A, and as amended by the City Attorney.
12.;1
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 SECTIONS 19.14.030,
19.34.020 AND 19.34.030 OF THE CHULA VISTA
MUNICIPAL CODE
WHEREAS, on April 21, 1992, after consideration of a report on
alcohol sales facilities in C-N Neighborhood Commercial zones (ref:
PCM-92-14), the City Council directed staff to return with an ordinance
establishing an application procedure for alcohol sales in the C-N zone, and
WHEREAS, the Planning Commission set the time and place for a hearing
on said 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., July 22, 1992, in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and said hearing was thereafter closed, and
WHEREAS, the Environmental Review Coordinator has determined that the
amendments are exempt from environmental review as a minor alteration in land
use, in accordance with Section 15305 Class S of the CEQA Guidelines, or Class
SF of the City of Chula Vista Environmental Procedures.
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE
HEARING, THE PLANNING COMMISSION recommends the adopt ion of amendments to
Title 19 of the Municipal Code as listed in Exhibit A attached hereto and made
a part hereof.
That a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA,
this 22nd day of July 1992, by the following vote, to-wit:
AYES: Commissioners Fuller, Casillas, Decker and Martin
NOES: Commissioners Carson and Tuchscher
ABSENT: None
ATTEST:
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N cy Ri ley, Setret y
WPC 0427p
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Exhibit A
Chapter 19.34
C-N NEIGHBORHOOD COMMERCIAL ZONE
19.34.020 Permitted uses
I. l..iEf':ler Et.ere (paeltagc, eft sale aBly) ,
19.34.030 Conditional uses.
HL Establishments contained in the list of Dermitted uses above.
but which include the sale of alcoholic beveraaes for off-site
use or consumDtion. in accordance with the Drocedures in
Section 19.14.030:
~ Liauor store (Dackaqe. off sale onlv). in accordance with the
Drocedures in section 19.14.030.
Chapter 19.14
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES AND VARIANCES
19.14.030 Zoning administrator-Actions authorized without public
hearing.
A. Conditional use permit: The zoning administrator shall be
empowered to issue conditional use permits, as defined herein,
in the following circumstances:
~ Establishments that include the sale of alcoholic
beveraqes for off-site use or consumotion. located in the
C-N zone. The zonina administrator shall hold a oublic
hearina in accordance with sections 19.14.060-19.14.090
uoon aivinq notice thereof in accordance with sections
19.12.070-19.12.080. A conditional use Dermit shall not
be aranted unless the Zonina Administrator finds. based
on substantial evidence in view of the whole record. that
all of the facts reauired by section 19.14.080 exist. and
t;hat aooroval of the Dermit will not result in an
overconcentration of such facilities in the neiahborhood.
The Police Deoar1;ment shall testify at the hearina
reaardina the oyerconcentration issue. The city Council
shall be informed of the decision on each such Dermit by
the city Clerk when the decision is filed in accordance
with section 19.14.090. The decision of the Zonina
Administrator may be aooealed. Such aDDeal shall be
directlv to the city Council. rather than the Plannina
Commission. and must be filed within ten days after the
decision is filed with the City Clerk. as Drovided in
Section 19.14.100. If aooealed within the time limit.
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said appeal shall be considered in a public hearina
conducted bv the city Council. in the same manner as
other appeals pursuant to Sections 19.14.120 and
19.14.130. except that the Council must make the same
written findinas reauired of the Zonina Administrator
herein. in order to arant the permit.
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ORDINANCE NO. ,2SJ..P
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS 19.14.030, 19.34.020 AND 19.34.030 OF THE CHULA
VISTA MUNICIPAL CODE RELATED TO THE SALE OF
ALCOHOLIC BEVERAGES ON THE C-N ZONE
WHEREAS, on April 21, 1992, after consideration of a report on alcohol sales facilities
in C-N Neighborhood Commercial zones (ref. PCM-92-14), the City Council directed staff to
return with an ordinance establishing an application procedure for alcohol sales in the C-N wne;
and
WHEREAS, the amendments provide for a Zoning Administrator conditional use permit
with a public hearing for all new alcohol sales facilities in the C-N zone; and
WHEREAS, in addition to the normal findings required for a conditional use permit, and
in consultation with the Police Department, the amendments would require the Zoning
Administrator to find that the facility would not result in an overconcentration of such facilities
in the neighborhood; and
WHEREAS, the amendments provide that the City Council would be informed of the
Zoning Administrator's decision, and the Council or other interested party, could appeal the
permit directly to the City Council for public hearing; and
WHEREAS, the Environmental Review Coordinator has determined that the amendments
are exempt from environmental review as a minor alteration in land use, in accordance with
Section 15305 Class 5 of the CEQA Guidelines, or Class 5F of the City of Chula Vista
Environmental Review Procedures.
THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: That Section 19.14.030 of the Chula Vista Municipal Code is hereby
amended to read as follows:
Chapter 19.14
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES AND VARIANCES
19.14.030 Zoning administrator-Actions authorized without public hearing.
The zoning administrator is authorized to consider and to approve, disapprove or modify
applications on the following subjects, and/or issue the following required permits without setting
the matter for a public hearing:
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Ordinance No.
Page 2
A. Conditional use permit: The zoning administrator shall be empowered to issue
conditional use permits, as defined herein, in the following circumstances:
1. Where the use to be permitted does not involve the construction of a new
building or other substantial structural improvements on the property in
question.
2. Where the use requmng the permit would make use of an existing
building and does not involve substantial remodeling thereof.
3. For signs, as defined herein, and temporary tract houses, as limited
herein.
4. The zoning administrator is authorized to consider and to approve, deny,
or modify applications for conditional use permits for carnivals and
circuses. The zoning administrator shall set the matter for public hearing
in the manner provided herein.
5. Churches.
Q... Establishments that include the sale of alcoholic beverages for off-site use
or consumption. located in the C-N zone. The zoning administrator shall
hold a public hearim! in accordance with Sections 19.14.060-19.14-090
uoon l!lVlnl! notice thereof in accordance with Sections
19.12.070-19.12.080. A conditional use permit shall not be l!ranted
unless the Zoning Administrator or other issuing authority finds in his or
her sole discretion. and based on substantial evidence in view of the entire
record. that all of the facts required by Section 19.14.080 exist. and that
ap.proval of the permit will not result in an overconcentration of such
facilities. Overconcentration may be found to exist based on (I) the
number and location of existing facilities: (2) compliance with State
Alcohol Beverage Control overconcentration standards in effect at the time
of proiect consideration: (3) the impact of the proposed facility on crime:
and (4) the impact of the prooosed facility on traffic volume and traffic
flow. The Police Department or other appropriate City departments may
orovide evidence at the hearing. A oermit to operate may be restricted by
any reasonable conditions includinl! but not limited to limitations on hours
of operation.
The City Council shall be informed of the decision on each such permit
by the City Clerk when the decision is filed in accordance with Section
19.14.090. The decision of the Zoning Administrator may be apJJealed.
/2.~ I!D
Ordinance No.
Page 3
Such apJ>elll shall be directly to the City Council. rather than the Plannin~
Commission. and must be filed within ten days after the decision is filed
with the City Clerk. as provided in Section 19.14.100. If apJ>ellled within
the time limit. said appeal shall be considered in a public hearini:
conducted by the City Council. in the same manner as other aooea1s
pursuant to Sections 19.14.120 and 19.14.130. except that the Council
must make the same written findings req.uired of the Zoning Administrator
herein. in order to grant the oermit.
B. Variances: The zoning administrator shall be authorized to grant variances for
limited relief in the case of:
1. Modification of distance or area regulations;
2. Additions to structures which are nonconforming as to sideyard, rear yard,
or lot coverage, providing the additions meet the requirements of the
zoning ordinance affecting the property;
3. Walls or fences to exceed heights permitted by ordinances. Modifications
requested in said applications for relief to be administered with the
requirement for a public hearing shall be limited to deviations not to
exceed twenty percent of the requirements imposed by ordinances.
C. Site plan and architectural approval: The zoning administrator shall be
empowered to grant site plan and architectural approval as provided herein.
D. Performance standards procedure. The zoning administrator shall be authorized
to issue a zoning permit for uses subject to performance standards procedure, as
provided herein.
E. Home occupations: The zoning administrator shall be authorized to grant permits
for home occupations, as defined and regulated in Section 19.14.490.
F. Fees: A fee in the amount as presently designated or as may be in the future
amended in the master fee schedule shall accompany each application for a
variance or conditional use permit or modifications thereto considered by the
zoning administrator without a public hearing.
In regard to applications on any of the aforementioned subjects, the zoning
administrator shall set a reasonable time for the consideration of the same and give notice
thereof to the applicant and to other interested person as defined in this title. In the
event objections or protests are received, the zoning administrator shall set the matter for
/2.-/7
Ordinance No.
Page 4
public hearing as provided herein. (Ord. 2290 ~l (part) 1989; Ord. 2075 ~2, 1984; Ord.
2011 ~l (part), 1982; Ord. 1813 ~l (part), 1978; Ord. 1371 ~l (part), 1971; Ord. 1212
~l (part), 1969; prior code ~33.1302(B).
SECTION II: That Section 19.34.020 of the Chula Vista Municipal Code is
hereby amended to read as follows:
Chapter 19.34
C-N - NEIGHBORHOOD COMMERCIAL ZONE
19.34.020 Permitted uses.
The following are the principal permitted uses in a C-N district:
A. Grocery, fruit or vegetable store;
B. Bakery;
C. Drugstore;
D. Barbershop and beauty shop;
E. Clothes-cleaning pickup agencies with incidental pressing;
F. Business or professional office;
G. Restaurant, cafe or soda fountain, not including entertainment, dancing or sale of
liquor, beer, or other alcoholic beverages for consumption on the premises or
drive-in car service;
H. Commercial parking lots for passenger vehicles, subject to the requirements of
Sections 19.62.010 through 19.62.130;
I. LiEttier stere (package, eff SiHe eRly);
J I. Coin-operated laundry, with maximum capacity washing units of twenty pounds
and comparable drying equipment, and clothes cleaning agency;
K L. Any other retail business or service establishment supplying commodities or
performing services for residents of the neighborhood which is determined by the
planning commission to be of the same general character as the above-mentioned
retail business or service uses, and open during normal business hours of the
above uses;
b K.. Accessory uses and buildings customarily appurtenant to a permitted use, such as
incidental storage facilities and satellite dish antennas in accordance with the
provisions of Section 19.22.030F.1-9;
M L. Agricultural uses as provided in Section 19.16.030.
(Ord. 2108 ~ 1 (part) 1985: Ord. 13.56 ~ 1 (part), 1971: Ord. 1212 ~ 1 (part), 1969:
prior code ~ 33 .508(B).)
SECTION III: That Section 19.34.030 of the Chula Vista Municipal Code is
hereby amended to read as follows:
/;2.-I?-
Ordinance No.
Page 5
19.34.030 Conditional uses.
The following uses shall be permitted in the C-N 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 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 beveral1:es for off-site use or consumption. in accordance with
the procedures in Section 19.14.030:
L. Liquor store (package. off sale only). In accordance with the procedures in
Section 19.14.030.
SECTION IV: This ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Presented by
as to for
J
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
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CJ1Y Of
CHULA VISTA
ECONOMIC DEVELOPMENT COMMISSION
August 21, 1992
Honorable Mayor and City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: Proposed PCA-92-QS Amendment To The Municipal Code Requiring A Conditional
Use Permit For Sales Of Alcoholic Beverages In The CN Zone
Honorable Mayor and City Council:
The Economic Development Commission has some concern relative to the above
mentioned code amendment. Although we understand your concern relative to the "over-
concentration" of off-site sale businesses, we feel that the proposed amendment would
be a redundancy in the permitting process and would result in significant delays and
additional costs to the merchants who will be required to go through this additional
process.
As you have been advised by Staff, the ABC will hold off its licensing investigation until
an applicant has the City required CUP in hand. This will result in a applicant having to
go through our entire CUP process successfully prior to starting the ABC's process.
The current ABC process requires public notices posted at the proposed location and
mailed to all property owners within 500 feet of the site as well as notifying the City and
police department. In circumstances of "over-concentration", the ABC will alert local
authorities by notation on the application as well as by a follow-up telephone call to the
police department to ensure that these particular applications are not overlooked and
receive the appropriate scrutiny. A protest by local authorities will result in an
investigation by the ABC. This includes a meeting with the police department to
determine if the issue can be resolved by conditions being placed on the license (e.g.,
operating hours constrained). If the issue cannot be resolved to the satisfaction of local
authorities, the ABC will denv the application for the license.
It is our position at the Economic Development Commission that the proposed municipal
code amendment will result in undue delay, costs, and redundancy to the applicants and
the City.
/cJ~~1
276 FOURTH AVENUElCHULA VISTA, CALIFORNIA 91910K619) 691-5047
Honorable Mayor and City Council
August 21, 1992
Page Two
Although the Economic Development Commission would prefer to see no such CUP
requirement, a modified amendment requiring a CUP for those facilities to be located
within an area of "over-concentration" only (as defined by the ABC) may be acceptable.
In this case, an administrative CUP could be required. A denial by the zoning
administrator could then be appealable to the City Council. This would relieve applicants
who are not proposing facilities in an "over-concentration" area from the additional burden
of costs and delays associated with the CUP process.
We appreciate the opportunity to comment on this issue as well as the Council's
sensitivity to maintaining a strong business climate in Chula Vista. This is especially
important in light of today's poor economy and the well publicized challenges posed by
bureaucratic red tape in California.
We look forward to the City Council's support in our continued efforts to streamline the
City's planning and permitting processes and hope that you will consider our views
regarding this matter.
7/:' ~
William C. Tuc scher
Economic Development Commissioner
Iv;) " c1 .2--
CITY OF CHUL.\ VISTA
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~ CALIFORNIA ASSOCIATION OF
NEIGHBORHOOD STORES
SOUTHERN CALIFORNIA OFFICE
ONE WORLD TRADE CENTER, SUITE 480
LONG BEACH, CA 90831-1400
PHONE: (310) 432-8610
FAX: (310) 432.7931
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California Grocers A::;sociatiOll
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August 25, 1992
YIA FAX
The Honorable Tim Nader
Mayor, city of Chula Vista
Chula Vista City Hall
276 Fourth Avenue
Chula Vista, 91910
. f"~
Dear Mayor Nader:
Unfortunately, the California Grocers Association must
oppose the proposed ordinance for the city of Chula Vista
which amends sections 19.14.030, 19.34.020 and 19.34.030
of the Chula Vista municipal code related to the sale of
alcoholic beverages.
It has been CGA' s policy for years to support and
strengthen the States' control of and responsibility for
alcoholic beverage licensing and enforcement. In fact,
last year we supported legislation (enacted) to require
alcohol beverage licensees to train their store clerks
regarding laws on alcoholic beverage sales to minors.
All of our members have trained all of their sales
clerks. This year, we are sponsoring AB 862 to encourage
the DMV to create color-coded drivers' licenses. This
measure would further reduce inadvertent sales to minors
because clerks would no longer need to make mathematical
age computations while handling a busy register.
However, we do consistently oppose legislative and
regulatory proposals to weaken State enforcement by
allowing local governments to adopt differing rules for
licensees. It would be chaos to try to operate in
thousands of local jurisdictions, all with different -
and in many cases, conflicting rules.
We recoqni2:e and acknowledge that there is often a
problem of overconcentration in certain areas. However,
your proposal does not take into consideration those
businesses that must rebuild due to an unforseen crisis
such as and earthquake or fire. The answer to the
problem of overconcentration is not to take advantage of
the tragedy of a retailer's store being burned down by
stripping that person of the right to rebuild, to re-
establish his or her livelihood.
1;2 -c1 Lj
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3104327931
P.02
The solution may lie in working with the Department of
Alcoholic Beverage Control -to reduce license
concentrations for future applicants, without depriving
existing rstailers of their ability to make a living.
The ABC already has this power. We stand ready to work
with you and any other interested parties to find a fair
and reasonable approach to this issue.
Sincerely,
~~='".
BETH BEEMAN
Director of City/County
Governmental Relations
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