HomeMy WebLinkAbout10-01 Zoning Code Amendment Regarding Liquor Stores, Convenience Stores, and Mini-MarketsORDINANCE NO. 10-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADOPTING ZONING
CODE AMENDMENT CO -09-07 TO AMEND TITLE 13,
CHAPTER IX, ARTICLE 16, OF THE COSTA MESA
MUNICIPAL CODE REGARDING LIQUOR STORES,
CONVENIENCE STORES, AND MINI -MARKETS.
WHEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1: TITLE 13. Title 13, Chapter IX, Article 16, Liquor Stores, Convenience
Stores, and Mini -Markets, of the Costa Mesa Municipal Code is hereby amended as
follows:
a. Amend Sections 13-200.71 through 13-200.73 as follows:
"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;
2. Any change in the type of off -sale ABC license;
3. Any type of premise to premise transfer of an existing off -sale ABC license;
4. A cumulative expansion of 100 square feet or more of the gross floor area; or,
5 Any suspension or revocation of the off -sale ABC license for 5 days or more
by the state in a cumulative 5 -year period by the state. The licensee of the
establishment 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 as conditions of approval by the review authority. The final review authority may
use the following standards in review of new conditional use permits to impose
conditions of approval on the use to ensure compliance with the findings contained in
Chapter III, Planning Applications:
1. Alcoholic beverage sales from drive through or walk-up service windows shall
be prohibited.
2. Wine, beer and other distilled spirit shall be sold in the factory manufactured
packages for retail sales. Factory multiple -packed bottles or cans shall not be
unpackaged to be sold individually. This restriction is not intended to prohibit the
sale of beverages in a single container packaged by the manufacturer for
individual sale.
3. Beer or wine shall not be displayed or sold from an ice tub or any other type of
portable refrigerated. unit.
4. The business shall be conducted, at all times, in a manner that will allow the
quiet enjoyment of the surrounding neighborhood. The business shall institute
whatever security measures are necessary to comply with this requirement. '
Sec. 13-200.73 MODIFICATION OR REVOCATION
(a) Public Nuisance. If it is determined that certain characteristics of the liquor
store, convenience market, or mini -market are detrimental to the public health,
welfare, and safety and contrary to public interest, City Council may declare the
liquor store, convenience store, or mini -market as a public nuisance, as defined by
California Civil Code Section 3479 and 3480, and abate said nuisance pursuant to
the procedures set forth in Section 13-17 of the Zoning Code.
(b) Findings. In addition, 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(o), 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 or disorderly manner;
3. 'The terms or conditions -of approval of the conditional use permit have been
violated.
4. The use creates an adverse impact on the health, safety, or welfare of
surrounding properties and uses; or.
5. The use is operated in violation of ABC rules and regulations."
SECTION 2: ENVIRONMENTAL DETERMINATION. The project has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines,
and the City's environmental procedures, and has been found to be exempt pursuant to
Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in that the City Council
hereby finds that it can be seen with certainty that there is no possibility that the passage
of this ordinance amending the Zoning Code will have a significant effect on the
environment.
SECTION 3: 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 or further, is hereby repealed or modified to the extent necessary to
affect the provisions of this ordinance.
SECTION 4: APPLICABILITY. The provisions of this ordinance shall be applicable to
new and existing off -sale license establishments as applicable.
SECTION 5: 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 6: PUBLICATION. 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 the NEWPORT BEACH/COSTA MESA
DAILY PILOT, 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 and member of the City Council voting for and
against the same.
PASSED AND ADOPTED this 19th day of January, 2010.
ATTEST:
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JLbb Folcik, City Clerk
Allan R. Mansoor, Mayor
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 10-1 was duly introduced for first reading at
a regular meeting of the City Council held on the 5th day of January, 2010, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the
City Council held on the 19th day of January, 2010, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, FOLEY, MONAHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 20th day of January, 2010.
J IE FOLCI , CITY CLERK
(SEAL)
I hereby certify that the above and foregoing is the original of Ordinance No. 10-1 duly
passed and adopted by the Costa Mesa City Council at the regular meeting held
January 19, 2010, and that Summaries of the Ordinance were published in the Newport
Beach -Costa Mesa Daily Pilot on January 13, 2010 and January 27, 2010.
JU SIE FOLCIK, CITY CLERK