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HomeMy WebLinkAboutOrd 197 ORDINANCE NO. 197 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY AMENDING ZONING ORDINANCE OF THE CITY OF CATHEDRAL CITY TO PROVIDE THAT ISSUANCE OF CONDITIONAL USE PERMITS FOR GASOLINE SERVICE STATIONS SHALL E CONTAIN SPECIFIC RESTRICTIONS WHEN SALES WILL ALSO INCLUDE ALCOHOLIC BEVERAGES, TO PROVIDE FOR WRITTEN FINDINGS FOR CONDITIONAL USE PERMITS, AND ADOPTING A NEGATIVE DECLARATION. The City Council of the City of Cathedral City does ordain as follows: SECTION 1. Pursuant to state and local environmental guidelines, it has been determined that the Zoning Ordinance amendment encompassed in this ordinance is not considered to have a significant impact and therefore a negative declaration is approved. SECTION 2. The City Council of the City of Cathedral City does find that special problems are created when the sale of gasoline and other motor vehicle fuels is permitted in the same location as the sale of beer, wine, liquors and other alcoholic beverages. The problems identified with sales of gasoline and other motor vehicle fuels combined with sales of beer, wine, liquors and other alcoholic beverages include the proliferation of loitering, vandalism, and neighborhood disturbances, and the gathering of persons in groups for reasons other than those for which the business is operated. Controls on such activities are necessary to effectively protect the health, safety and welfare of the citizens of Cathedral City, and the combining of sales of gasoline and other motor vehicle fuels with sales of alcoholic beverages creates special monitoring problems requiring a greater than normal concentration of public safety resources and more policing than ordinarily required from similar business operations, and thus justifies special limitations on businesses seeking to offer gasoline and other motor vehicle fuels for sale from the same business location as beer, wine, liquor or other alcoholic beverages. SECTION 3. Subsection a of Section 7 of Division H of Article V of the Cathedral City Zoning Ordinance concerning Conditional Use Permits hereby is amended to read as follows: "Neither the Commission nor the Council , upon appeal or Council initiated review, may grant a Conditional Use Permit for any use, for which a Conditional Use Permit may be granted under any provisions of this ordinance, unless it has first made written findings, based on substantial evidence in review of the whole I record to justify the ultimate decisions, which establish from the evidence admitted during the hearing before the Commission or Council that the proposed use at the proposed location will not be detrimental to the public health, safety, convenience and general welfare, and will be in harmony with the various elements and objectives in the City's General Plan." SECTION 4. Section 11 is added to Article V, Division T, of the Cathedral City Zoning Ordinance, to read as follows: 001073 "Section 11. Gasoline and Motor Vehicle Fuel Sales Combined with Beer, Wine, Liquor or other Alcoholic Beverage Sales. Sales of beer, wine, liquor or other alcoholic beverage shall be permitted from the same location as gasoline and other motor vehicle fuel sales only under the following circumstances: Beer, wine, liquor and other alcoholic beverage sales may be w permitted with a Conditional Use Permit. A condition shall be imposed that such sales must be offered only in conjunction with the sale at retail of food and groceries in which not less than fifty percent (50%) by value of the retail sales of all products other than gasoline, oil and other motor vehicle fuels comprises sales of products other than beer, wine, liquor, and other alcoholic beverages. A condition shall also be imposed that the retail display area for food, groceries, sundries and other non-motor vehicle fuels comprises not less than 1800-square-feet of indoor retail space. In addition, the Conditional Use Permit shall require the use of video recording surveillance cameras to record all purchases and attempted purchases of alcoholic beverages, and the posting of signs, one outside the building at or near the gasoline servicing area and another inside near the cash registers notifying the public that "all alcoholic beverage transactions are monitored in cooperation with the Cathedral City Police Department." The videotape equipment utilized shall be such as to record at least 24 hours of operation, and the film shall be made available to any representative of the Cathedral City Police Department, at any time, upon request. Applicant shall maintain the tapes for the prior 72 hours, and make such tapes available to the Cathedral City Police Department. Such tapes shall be made available for use in evidence against any person who purchased or attempted to purchase alcoholic beverages, as well as for use in any court or any administrative proceeding, regardless of the party or parties involved. SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 6. POSTING. The City Clerk shall within 15 days after the passage of this ordinance, cause it to be posted in at least the 3 public places designated by resolution of the City Council ; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. h t 0 C0iO74 The foregoing ordinance was approved and adopted at a meeting of the City Council held on December 2 , 1987 by the following vote: Ayes: Councilmembers Di Grandi, Hillery, Murphy and Mayor Paquette Noes: None Absent: None Abstained: Councilmember Krings ' MAYO. ATTEST E'UTY CITY P 41 ERK APPROVED AS To FORM: APPROVED AS TO CONTENT: Ref, ,f / - ,„_, CITY ATTORNEY .7 / CITY;MANAGER (HEREBY r7 FTIFY, UNDER PENALTY OF PERJURY, THAT THE FOREGO‘V ORDNANCE NO \CII WAS DULY ADOPTED BY THE Ci i Y COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIAN MEETING THEREOF HELD ON THE OSTED DAY OFtPcE.l'Ylh .r ,198`5 , AND THAT SAME WAS IN AT LEAST THE THREE PUBLIC PLACES.SPECIFIED FOR SUCH POSTINGS, BY THE SAID CITY COUNCIL. -bap. CI 4CLERK 001075