HomeMy WebLinkAbout97-04 Require Conditional Use Permits; Liquor Stores, Convenience Stores, and Mini-MarketsORDINANCE NO. 97-4
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, AMENDING
SECTIONS 13-40,13-198, 13-209, 13-228, 13-251, AND
ADDING SECTION 13-2741 TO THE COSTA MESA
MUNICIPAL CODE TO REQUIRE CONDITIONAL USE
PERMITS FOR LIQUOR STORES, CONVENIENCE
STORES, AND MINI -MARKETS IN COMMERCIAL,
PLANNED DEVELOPMENT RESIDENTIAL, AND PLANNED
DEVELOPMENT COMMERCIAL ZONING DISTRICTS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS.
SECTION 1 The City Council of the City of Costa Mesa finds and declares as
follows:
(1) California Government Code Section 65850 enables the City of Costa
Mesa to regulate the use of property within the City
(2) Liquor stores, convenience stores, and mini -markets merit special
consideration by the City of Costa Mesa with respect to potential
negative impacts to surrounding land uses as a result of poor site design,
late hours of operations, and/or increase in crime rates.
(3) The regulations have been reviewed according to CEQA and have been
found to be exempt under Section 15061(b)(3) of the CEQA Guidelines.
ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends the
Costa Mesa Municipal Code as follows:
SECTION 2. Subsection 9 is hereby added to Section 13-198 of the Costa
Mesa Municipal Code:
9. Liquor stores, convenience stores, and mini -markets.
SECTION 3. Subsection 15 is hereby added to Section 13-209 of the Costa
Mesa Municipal Code:
15. Liquor stores, convenience stores, and mini -markets.
SECTION 4 Subsection 3 is hereby added to Section 13-228 of the Costa
Mesa Municipal Code:
3. Liquor stores, convenience stores, and mini -markets.
SECTION 5. Paragraph (d) is hereby added to Subsection 1 of Section 13-251
of the Costa Mesa Municipal Code:
(d) Liquor stores, convenience stores, and mini -markets may be allowed by
conditional use permit if the Planning Commission finds said use to be
compatible with the planned development residential project.
SECTION 6. Paragraph (c) is hereby added to Subsection 2 of Section 13-251
of the Costa Mesa Municipal Code:
Code:
(c) Liquor stores, convenience stores, and mini -markets may be allowed by
conditional use permit if the Planning Commission finds said use to be
compatible with the planned development commercial project.
SECTION 7 Section 13-274 1 is hereby added to the Costa Mesa Municipal
Section 13-274 1 Conditional Uses.
1 Liquor stores, convenience stores, and mini -markets.
SECTION 8. Section 13-40 is hereby amended to include the following
definition:
"Convenience store, mini -market. A retail store, generally less than 10,000
square feet in area, that sells a variety of convenience foods, beverages, and
nonfood items. Fresh dairy products, produce, and/or meat may be offered on
a limited basis."
SECTION 9. Severability
If any provision or clause of this ordinance or the application thereof to any
person or circumstances is held to be unconstitutional or otherwise invalid by any
court of competent jurisdiction, such invalidity shall not affect other provisions or
clauses or applications of this ordinance which can be implemented without the invalid
provision, clause, or application; and to this end, the provisions of this ordinance are
declared to be severable.
SECTION 10. This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the expiration of fifteen
(15) days from its passage shall be published once in a newspaper of general
circulation, printed and published in the City of Costa Mesa or, 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 3rd day of March, 1997
Mayor of the City os Mesa
ATTEST
Deputy City CI -A, of the City of Costa Mesa
STATE OF CALIFORNIA 1
COUNTY OF ORANGE 1 ss
CITY OF COSTA MESA 1
N.PQROVED AS TO FORM
�1lna�ca�� P 3 r1
rlTY ATTORNEY
I, MARY T ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No.
97-4 was introduced and considered section by section at a regular meeting of the
City Council held on the 18th day of February, 1997, and thereafter passed and
adopted as a whole at a regular meeting of the City Council held on the 3rd day of
March, 1997, by the following roll call vote:
AYES. Buffa, Erickson, Cowan, Somers
NOES. Monahan
ABSENT None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 4th day of March, 1997
I
Deputy Citylark and ex -officio Clerk of
the City Co cil of the City of Costa Mesa