HomeMy WebLinkAboutOrd 1993-2560 ORDINANCE NO. 2560
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 FACILITIES
WHEREAS, on April 13, 1993, the City Council expressed concern with the
fact that the City's recently adopted ordinance requiring a conditional use
permit 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 permit,
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 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 6-0 to recommend that the City Council enact the proposed
amendment; and,
WHEREAS, the Environmental Review Coordinator has determined 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, determine and ordain as follows:
SECTION I: The City Council finds 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.
SECTION II: 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.
Ordinance No. 2560
Page 2
SECTION III: That Section 19.34.030 of the Chula Vista Municipal Code is
amended to read as follows:
19.34.030 Conditional use~.
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 with the sale of food;
C. Electrical substations and gas regulator stations, subject to the provisions of
Section 19.S8.140;
D. Unclassi~ed uses, see Chapter 19.54;
E. Roof-mounted satellite dishes subject to the standards set for~ 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 any
new facilities and any facilities which expand the area devoted to alcohol sales
or which require the issuance of a type 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;
I. Liquor store Cpackage, off sale only), in accordance with the procedures in
Section 19.14.030.
SECTION IV. Ordinance Number 2552 is repealed, effective when this ordinance
becomes effective.
SECTION V. 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 Appr as ~/o y j
Robert A. Leiter ogaard
City Attorney
Director of Planning
Ordinance No. 2560
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 22nd day of June, 1993, by the following vote:
AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nadef, M~yor
ATTEST:
Beverly/A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2560 had its first reading on
June 15, 1993, and its second reading and adoption at a regular meeting of said
City Council held on the 22nd day of June, 1993.
Executed this 22nd day of June, 1993.