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Home My WebLink About01-30 Liquor Stores, Convenience Stores, and Mini-MarketsORDINANCE NO. 01-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO LIQUOR STORES, CONVENIENCE STORES, AND MINI -MARKETS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Costa Mesa Municipal Code is hereby amended to read as follows: a. Table 13-30 (City of Costa Mesa Land Use Matrix), numbers 71 and 88, are hereby amended as shown in Attachment "A". b. Chapter IX (Special Land Use Regulations) is amended to include the following article: ARTICLE 16. LIQUOR STORES, CONVENIENCE STORES, AND MINI -MARKETS Sec. 13-200.70 PURPOSE The purpose of this article is to promote the public health, safety, and general welfare of the City by regulating and providing development standards for liquor stores, convenience stores, and mini -markets. This article is intended to reduce problems associated with liquor stores, convenience stores, and mini -markets. Such problems include, but are not limited to, littering, loitering, graffiti, noise, and interference with the quiet enjoyment of surrounding properties and uses. Sec. 13-200.71 CONDITIONAL USE PERMIT REQUIRED A new liquor store, convenience store, or mini -market shall be subject to the approval of a conditional use permit, whether or not the business engages in retail sales of alcoholic beverages through a State of California Department of Alcoholic Beverage Control (ABC) off -sale license. An existing liquor store, convenience store, or mini -market shall also be subject to the approval of a conditional use permit for the following actions: 1. Issuance of a new off -sale ABC license for a liquor store, convenience store, or mini -market; 2. Any change in the type of off -sale ABC license for a liquor store, convenience store, or mini -market; 3. A premise -to -premise transfer of an existing off -sale ABC license for a liquor store, convenience store, or mini -market; 4. A cumulative expansion of 500 square feet or more of the gross floor area of a liquor store, convenience store, or mini -market; or, 5. A liquor store, convenience store, or mini -market that has its off -sale ABC license revoked or suspended for 30 days or more by the state, shall file and have approved a conditional use permit before the off -sale ABC license can be reestablished. Sec. 13-200.72 DEVELOPMENT AND OPERATIONAL STANDARDS FOR LIQUOR STORES, CONVENIENCE STORES, AND MINI MARKETS The City Council may adopt Development and Operational Standards for Liquor Stores, Convenience Stores, and Mini Markets that may be applied on a case-by- case basis. The final review authority may use these standards to impose conditions of approval on the use to ensure compliance with the findings contained in Chapter III, Planning Applications. Sec. 13-200.73 MODIFICATION OR REVOCATION The final review authority may modify or revoke a conditional use permit for a liquor store, convenience store, or mini -market based upon the findings in Section 13-29(0), or upon making one or more of the following findings: 1. That the approval was obtained through fraudulent, erroneous, or misleading information; 2. The use is being operated in an illegal manner; 3. The use creates an adverse impact on the health, safety, or welfare of surrounding properties and uses; or, 4. The use is operated in violation of ABC rules and regulations. Section 2. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. Section 3. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors. Section 4. Publication. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof. Prior to the expiration of fifteen (15) days from its passage, this Ordinance shall be published once in a newspaper of general circulation, printed and published in the City of Costa Mesa. In the alternative, the City Clerk may cause to be published a summary of this ordinance and a certified copy of the text of this ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 7th day of January, 2002. —IP,A �)' b�� Mayor of the City of Costa Mesa ATTEST: 1. , APPROVED AS TO FORM Deputy City Jerk of the City of Costa Mesa Lg� �/vyCITY A R EY STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certifies that the above foregoing Ordinance No. 01-30 was introduced and considered section by section at a regular meeting of the said City Council held on the 17th day of December, 2001, and thereafter passed and adopted as a whole at a regular meeting of the said City Council held on the 7th day of January, 2002, by the following roll call vote: AYES: Dixon, Monahan, Cowan, Robinson, Steel NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 8th day of January, 2002. -7-� Lcz�: - Deputy Cit Clerk and ex -officio Clerk of the City Co ncil of the City of Costa Mesa ATTACHMENT "A" TABLE 13-30 CITY OF COSTA MESA LAND USE MATRIX Z 0 N E S LAND USES R R R R A C C C C T M M P P P P P P I I P 1 2 2 3 P L 1 2 1 C' G P D D D D D D & & M H S' R R R R C 1' R' R D D L M H N' S D' D D C ' ' ' M 1 71. Convenience stores; Mini -markets • • CZ Cz CZ Cz • • • . C2 CZ Cz • • (subject to the requirements of CHAPTER IX, ARTICLE 16, LIQUOR STORES, CONVENIENCE STORES, AND MINI - MARKETS) 88. Liquor stores (subject to the CZ Cz CZ Cz • C2 . requirements of CHAPTER IX, ARTICLE 16, LIQUOR STORES, CONVENIENCE STORES, AND MINI -MARKETS) 1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan. 2. This use is subject to the requirements of the referenced Municipal Code article or section. 3. If residential uses exist, accessory uses shall be permitted. 4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: C - Conditional Use Permit; MC - Minor Conditional Use Permit; P - Permitted; • - Prohibited