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HomeMy WebLinkAboutORD 1072ORD 1072pT3(Ìì¿£ ORDINANCE NO. 1072 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 17.37 TO THE CITY CODE, IMPOSING REQUIREMENTS FOR CONDITIONAL USE PERMITS FOR ESTABLISHMENTS ENGAGED IN THE SALE OF ALCOHOLIC BEVERAGES. WHEREAS, the Alcoholic Beverage Control Act Business & Professions Code Section 23000 et sea.) specifically provides that cities retain the powers conferred upon them under State zoning laws to regulate various types of businesses which Bell alcohol; and WHEREAS, the City therefore has the power to regulate businesses selling alcoholic beverages through the conditional use permit procedures; and WHEREAS, businesses which sell alcoholic beverages, if left unregulated by the City's conditional use permit procedures, as set forth below, are likely to have a detrimental and adverse impact on the public health, safety, comfort, convenience, and general welfare of the City. NOW THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. Chapter 17.37 is hereby added to the Baldwin Park Municipal Code to read as follows: Chapter 17.37 CONDITIONAL USE PERMITS FOR BUSINESSES ENGAGED IN THE SALE OF ALCOHOLIC BEVERAGES Sections: 17.37.010 Purpose 17.37.020 Definitions 17.37.030 Application 17.37.031 Generally 17.37.032 Abandonment 17.37.033 Destruction 17.37.040 Findings in Addition to Those Required by Section 17.54.130 17.37.050 Additional Standard Conditions 17.37.010 Purpose. The purpose of the provisions contained within this Chapter is to establish a comprehensive set of regulations, standard conditions, and findings of fact applicable to business establishments engaged in the sale of alcoholic beverages so as to ensure their compatibility with surrounding properties as well as to insure they do not adversely impact the public health, safety, comfort, convenience, and general welfare of the City. 17.37.020 Definitions. In addition to the definitions contained in Chapter 17.04, for the purpose of this Chapter, the following words or phrases shall be defined as follows, unless it is apparent from the context that another meaning is intended: A. Minor commercial retail establishment" shall mean any commercial retail establishment, business or facility whose gross floor area is less that ten thousand 10,000) square feet. B. Onsale outlet" shall mean any commercial retail establishment, business or facility that holds a license from the BIB] 37651-U01 ORD-U02 1072-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4364-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1072-U05 AUG-U05 18-U05 1993-U05 ORD 1072pT3(Ìì¿£State Department of Alcoholic Beverage Control that authorizes the sale of beer, the sale of beer and wine, or the sale of distilled spirits for the consumption on the premises where sold. C. Offsale outlet" shall mean any commercial retail establishment, business or facility that holds a license from the State Department of Alcoholic Beverage Control that authorizes the sale of beer, beer and wine, or the Bale of distilled spirits for consumption off premises where sold. D. Restaurant" shall mean a place which is regularly and in a bona fide manner used and kept open for the serving of meal to guests for compensation, and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises, and must comply with all regulations of the local Department of Health. Meals" means the usual assortment of foods commonly ordered at various hours of the day. The service of sandwiches and salads not prepared at the premises shall not be deemed to comply with the meaning of the term meals. Additionally, the mere availability or service of items commonly considered to be snack food i.e., potato chips, pretzels, peanuts, etc.) shall not be sufficient to constitute either a meal or the existence of a restaurant. Guest" shall mean persons who, during the hours when meals are regularly served therein, come to a restaurant for the purpose of obtaining, and actually order and obtain at such time, a meal. Any establishment, business or facility that satisfies the foregoing criteria, but has areas designated for uses other than food preparation or consumption, such as a bar/lounge area, billiards, dart boards, etc., in excess of thirty percent 30%) of the total floor area of the premises, shall not be deemed a restaurant.) E. Service Clubs" shall mean any chapter, lodge, or other local unit of an American National Fraternal Organization, which organization has been in continuous existence for at least 20 years, operates in at least 20 states of the United States, and has not less than 175 local units in those 20 states. 17.37.030 Application 17.37.031 Generally. The following establishments, businesses and facilities shall be required to obtain a conditional use permit that complies with all provisions of this Chapter before engaging in, or continuing to engage in the sale of alcoholic beverages: A. Any establishment, business or facility that does not currently sell alcoholic beverages, but proposes to do so and are seeking a conditional use permit pursuant to Section 17.54.130 of this Code. B. Any establishment, business or facility that currently sells alcoholic beverages, and proposes to change the type of alcoholic beverages to be sold by changing the type of retail license classification it holds under authority of the State department of Alcoholic beverage control. C. Any establishment, business or facility that currently sells alcoholic beverages if it substantially changes its mode or character of operation, including but not limited to the following: 1. An increase in the floor area of the of the establishment, business or facility; or 2. The addition of dancing or live entertainment. D. Existing establishments, businesses or facilities BIB] 37651-U01 ORD-U02 1072-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4364-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1072-U05 AUG-U05 18-U05 1993-U05 ORD 1072pT3(Ìì¿£that currently sell alcoholic beverages shall either comply with all conditional use permit requirements of this Code or shall cease selling alcoholic beverages in a manner and time consistent with the amortization provisions of this Code applicable to nonconforming uses, including Sections 17.50.050 et sea. hereof. 17.37.032 Abandonment. Notwithstanding any provisions of this Code to the contrary, any establishment, business or facility that is either abandoned, or has discontinued operations or has discontinued the sale of alcoholic beverages) for a period of ninety 90) consecutive days shall be deemed to have abandoned the continuing sale of alcoholic beverages and shall be required to obtain a conditional use permit that complies with all provisions on the Chapter before engaging in, or reengaging in the sale of alcoholic beverages. 17.37.033 Destruction. A. Any minor commercial retail establishment or onsale outlet, other than a restaurant or service club, that is engaged in the sale of alcoholic beverages, which is destroyed by any means to an extent of more than fifty percent 50%) of its replacement cost immediately prior to destruction, shall not, if reconstructed, continue to engage in the sale of alcoholic beverages unless in compliance with the provisions of this Chapter, regardless of whether the provisions of this Chapter where applicable to the said establishment, business, or facility prior to the time of such destruction. B. In the event of partial or total destruction, existing commercial retail establishments whose gross floor area is equal to or greater than ten thousand 10,000) square feet, restaurants and service clubs that possess a valid conditional use permit authorizing the sale of alcoholic beverages and are nonconforming for the sole reason of the absence of the findings of fact required by Section 17.37.040, may, if reconstructed, continue to engage in the sale of alcoholic beverages in conformance with said conditional use permit. 17.37.040 Findings in addition to those contained in Section 17.54.130. No establishment, business or facility to which the provisions of this Chapter are applicable shall be granted a conditional use permit by the Planning Commission unless the following findings of fact are made, in addition to the findings of fact required by Section 17.54.130 of this Code: A. The requested use at the proposed location is sufficiently buffered in relation to any abutting residentially zoned properties so as not to adversely affect said residential areas; and B. The exterior appearance of the property including but not limited to landscaping and architectural treatment of the building, will not detract from the character of the surrounding neighborhood, and, as necessary, will improve upon the characteristics of the surrounding neighborhood with exceptional design characteristics, as determined by the Design Review Committee; and C. The general vicinity does not have an unusually high crime rate such that the proposed use could result in further criminal activity thus requiring additional police services if the conditional use permit is granted. 17.37.050 Standard Conditions. In addition to those conditions which the Planning Commission may otherwise impose, any minor commercial retail establishments or onsale outlet to which provisions of this Chapter are applicable shall be subject to the following standard conditions, as applicable: A. Minor commercial retail establishments serving as BIB] 37651-U01 ORD-U02 1072-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4364-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1072-U05 AUG-U05 18-U05 1993-U05 ORD 1072pT3(Ìì¿£offsale outlets. The cash register of all minor commercial retail establishments that are of offsale outlets shall be located so as to be clearly visible from outside the premises. B. Minor commercial retail establishments serving as offsale outlets and onsale outlets other than restaurants and service clubs. All minor commercial retail establishments that are offsale outlets, and onsale outlets that are not restaurants or service clubs shall comply with the following: 1. Property Maintenance Plan. A property maintenance plan shall be required to be submitted to the Planning Commission which will outline measures to be taken in order to prevent litter, loitering, panhandling, graffiti, and other public nuisances. The property maintenance plan shall be subject to approval of the Planning Commission and compliance with the approved property maintenance plan shall be included as a condition of the conditional use permit. 2. Security. A detailed plan for security measures shall be submitted to the Planning Commission. The Planning Commission shall approve the security plan and compliance with the approved security plan shall be a condition of the conditional use permit. Security measures may include such items as alarms, security guards, and interior and/or exterior security cameras. 3. Landscaping. A minimum five 5) foot wide landscaped area shall be constructed between any abutting residentially zoned property. This five 5) foot wide area may be reduced in size by the Planning Commission if it determines its inclusion as a condition would be infeasible, or would impose an undue burden. SECTION 2. If any section, subsection, clause or phrase of this ordinance is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentence, clauses, or phrases be declared unconstitutional or otherwise invalid. SECTION 3. Pursuant to CEQA Guidelines Section 15063, an initial study has been prepared for this project. After reviewing the initial study, the proposed negative declaration, and all comments received during the public review process, the city Council has determined that the project will not have a significant impact upon the environment. A result of its review of the aforementioned documents, the City Council hereby approves the negative declaration and authorizes the Community Development Director to issue an Notice of Determination pursuant to CEQA Guidelines Section 15075. Pursuant to Title 14, California Code Regulations, Section 753.5 c) 1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project would have the potential for any adverse effect on wildlife resources or the habitat upon which the wildlife depends. Furthermore, on the basis of substantial evidence, the City Council hereby determines that any presumption of adverse impact has been adequately rebutted, and therefore, pursuant to Fish and Game Code Section 711.2 and Title 14, California Code of Regulations Section 753.5 a) 3), the project is not required to pay Fish and Game Department filing fees. SECTION 4. This ordinance shall be effective thirty 30) days from the date of adoption. SECTION 5. The City Clerk of the City of Baldwin Park shall certify to the passage and adoption of this ordinance and shall cause the same to be posted and published in the manner required by law. BIB] 37651-U01 ORD-U02 1072-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4364-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1072-U05 AUG-U05 18-U05 1993-U05 ORD 1072pT3(Ìì¿£PASSED AND APPROVED ON August 18,1993. Fidel A. Vargas ATTEST: LINDA L. GAIR, CITY CLERK STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) 55: CITY OF BALDWIN PARK) I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on August 4, 1993. That thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on August 18, 1993, by the following vote: AYES COUNCILMEMBER MCNEILL, GALLEGOS, IZELL, MARTINEZ, MAYOR VARGAS NOES COUNCILMEMBER NONE ABSENT COUNCILMEMBER NONE ABSTAIN COUNCILMEMBER NONE BIB] 37651-U01 ORD-U02 1072-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4364-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1072-U05 AUG-U05 18-U05 1993-U05