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:
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"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.
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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
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