Loading...
HomeMy WebLinkAboutCode Amendment 85-8 - Ordinance 2808B - Prohibition of sale Page 8 - Council Minutes - 11/18/85 LAND USE ELEMENT AMENDMENT 85-1 - TABLED - ADDITIONAL INPUT TO BE RECEIM The City Clerk presented a communication from the Director of Development Ser- vices transmitting Land Use Element Amendment No. 85-1 a request by the Hunt- ington Beach Company to change the land use designation on 126 acres from Gen- eral Industrial, Office Professional and Real Estate Residential to Planned Community. The study area is known as the Holly Property and is located between Ellis Avenue, the Southern Pacific Right-of-Way, Garfield Avenue, Cry- stal Street, Ernest Avenue and Goldenwest Street. A public hearing on Land Use Element No. 85-1 and Environmental Impact Report No. 84-1 was held and closed on June 17, 1985 at which time Environmental Impact Report No. 84-1 was approved and the decision on Land Use Element No. 85-1 was continued by the City Council to October 21, 1985 to allow an Ad Hoc Committee to study the economic feasibility of industrial development on the property. On October 21, 1985, Land Use Element No. 85-1 was continued to November 18, 1985 for staff to receive input from the Huntington Beach Company and the Holly Property Council and Planning Commission Committee for a recom- mendation on issues and boundaries. Doug LaBelle, Acting City Administrator, presented a staff report. A motion was made by Kelly, seconded by Finley, to table Land Use Element No. 8 5-1 to allow time for staff to obtain additional input from the property owner, the Council and Planning Commission Committee, and a land use consul- tant. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Mandic, Finley, Green NOES: None NOT VOTING: Thomas ABSENT: None CODE AM100WENT 85-8 - APPROVED - ORD NO 2808E - ADOPTED - SALE OR CONSWTION OF ALCOHOLIC BEVERAGES ON GASOLINE SERVICE STATION PREMISES - PROHIBITION The Mayor stated that a public hearing was opened and closed 'on. October 21, 1985 on a proposed amendment to Article 973 (Miscellaneous Provisions) of the Huntington Beach Ordinance Code to prohibit the sale of alcoholic beverages on the same premises as a gasoline service station. The City Clerk presented Ordinance No. 2808B for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9730.84 PROHIBITING THE SALE OR .CON- SUMPTION OF ALCOHOLIC BEVERAGES." Following discussion, a motion was made by MacAllister, seconded by Mandic, to adopt Ordinance No. 2808B, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Thomas NOES: Kelly, Finley, Green ABSENT: None Page 7 - Council Minutes - 11/18/85 Center, Inc., for the preparation of a preliminary study of the economic and financial performance considerations for a Cousteau entertaining educational facility within the Main-Pier Redevelopment Project Area. Mike Adams, Principal Planner/Redevelopment presented a staff report. Following discussion, a motion was made by Bailey, seconded by Green, to auth- orize the preparation of a contract between the City and Cousteau Ocean Cen- ter, Inc. , to conduct a preliminary feasibility study, commencing on or about December 1, 1985, and concluding 90 days later in an amount not to exceed $19,950. The motion carried by the following roll call vote: AYES: Bailey, Mandic, Finley, Green NOES: Kelly, MacAllister, Thomas ABSENT: None ADJOURNKENT The Chairman adjourned the regular meeting of the Redevelopment Agency. PUBLIC COMMBNTS Donald Troy addressed Council regarding a newspaper article and urged that federal funds be withheld from Commodore Circle property owners. He presented the newspaper article to Council. The Mayor directed staff to contact Mr. Troy with further information regard- ing the matter. Charles Reince addressed Council regarding; a construction project located at 4471 Los Patos which he believed violated height restrictions. The Mayor requested a report from staff regarding the matter. Don Davis, representing Atlantic Richfield, addressed Council regarding pro- posed Code Amendment No. 85-8 (Agenda Item F-2) pertaining to prohibition of the sale or consumption of alcoholic beverages. He suggested the issue be monitored through the Conditional Use Permit process. He suggested an open forum with citizens on the issue. He stated that his company was willing to relocate the Arco gas station presently located at Slater Avenue and Golden- west Street. Carolyn Allen stated she was opposed to the sale of alcoholic beverages at gas stations. She showed slides of a beer bottle that had been improperly dis- posed of at the Arco gas station located at Slater Avenue and Goldenwest Street. Frank Gifford presented aerial photographs of property near Intrepid Lane Agenda Item F-3). He supported the proposed parking permit district'. Dan Higginbotham addressed Council in support of the proposed parking permit district. Gerald Jones addressed Council in opposition to the proposed parking permit t district. Page 8 - Council Minutes - 11/18/85 LAND USE ELEMENT AMENDMENT 85-1 - TABLED - ADDITIONAL INPUT TO BE REMVED The City Clerk presented a communication from the Director of Development Ser- vices transmitting Land Use Element Amendment No. 85-1 a request by the Hunt- ington Beach Company to change the land use designation on 126 acres from Gen- eral Industrial, Office Professional and Real Estate Residential to Planned Community. The study area is known as the Holly Property and is located between Ellis Avenue, the Southern Pacific Right-of-'Way, Garfield Avenue, Cry- stal Street, Ernest Avenue and Goldenwest Street. A public hearing on Land Use Element No. 85-1 and Environmental Impact Report No. 84-1 was held and closed on June 17, 1985 at which time Environmental Impact Report No. 84-1 was approved and the decision on Land Use Element No. 85-1 was continued by the City Council to October 21, 1985 to allow an Ad Hoc Committee to study the economic feasibility of industrial development on the property. On October 21, 1985, Land Use Element No. 85-1 was continued to November 18, 1985 for staff to receive input from the Huntington Beach Company and the Holly Property Council and Planning Commission Committee for a recom- mendation on issues and boundaries. Doug LaBelle, Acting City Administrator, presented a staff report. A motion was made by Kelly, seconded by Finley, to table Land Use Element No. 8 5-1 to allow time for staff to obtain additional input from the property owner, the Council and Planning Commission Committee, and a land use consul- tant. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Mandic, Finley, Green NOES: None NOT VOTING: Thomas ABSENT: None CODE AMENDMENT 85-8 - APPROVED - ORD NO 2808B - ADOPTED - SALE OR CONS ION �L OF ALCOHOLIC BEVERAGES ON GASOLINE SERVICE STATION PRMISES - PROHIBITION The Mayor stated that a public hearing was opened and closed 'on. October 21, 1985 on a proposed amendment to Article 973 (Miscellaneous Provisions) of the Huntington Beach Ordinance Code to prohibit the sale of alcoholic beverages on the same premises as a gasoline service station. The City Clerk presented Ordinance No. 2808B for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9730.84 PROHIBITUG THE SALE OR CON- SUMPTION OF ALCOHOLIC BEVERAGES." Following discussion, a motion was made by MacAllister, seconded by Mandic, to adopt Ordinance No. 2808B, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Thomas NOES: Kelly, Finley, Green ABSENT: None Page 5 - Council Minutes - 10/21/85 MEDIUM-DENSITY RESIDENTIAL DISTRICT TO (QUALIFIED} HIGHWAY COMlMCIAL DIS- TRICT ON REAL PROPERTY GE AizY LOCATED ON THE SOUTHWEST CORDER OF {dAR M AVENUE AND "B" STREET." A motion was made by Kelly, seconded by Finley, to approve Negative Declara- tion No. 85-54, approve Zone Case No. 85-14 and, after reading by title, approve introduction of Ordinance No. 2805. The motion carried by the fol- lowing roll call vote: AYES: Kelly, Bailey, Finley, Green, Thomas NOES: None ABSTAIN: Mandic ABSENT: MacAllister Councilman Mandic resumed his chair. PUBLIC HEARING - CODE .AMENDMENT 85-8 - HEARING CLOSED - ORD NO 2808A/2808B - INTRODUCTIONS APPROVED - PROHIBITION ON THE SALE OR CONSUMPTI N OF ALCOHOLIC BEVERAGES ON GASOLINE SERVICE STATION PREMISES BOTH ORDINANCES TO BE CONSI- DERED FOR ADOPTION ON 11/18/85 The Mayor announced that this was the day and hour set for a public hearing to consider an amendment to Article 973 (Miscellaneous Provisions) of the Hunt- ington Beach Ordinance Code to prohibit the sale or consumption of, alcoholic beverages on the same premises as a gasoline service station. The Deputy City Clerk announced that all legal requirements for publication and posting had been met. Mayor Bailey stated that Council had received many letters in support of the proposed ordinance and letters from Atlantic Rich- field in opposition. The City Administrator informed Council that a memoran- dum from the City Attorney regarding the matter had been prepared. He advised Council to recess to a Closed Session to read the memorandum. Discussion was held regarding the matter. The Mayor declared the hearing open. Van Tarver, representing Thrifty Oil Company; Don Davis, representing Atlantic Richfield Oil Company; Bill Walker, sales manager Atlantic Richfield Oil Com- pany; and Hassim 3ebsii, owner of an Af P Market; spoke in opposition to pro- posed Ordinance No. 2808. Carolyn Allen stated that she represented a few citizens and spoke in support of Drdinance No. 2808. Warren Deflates spoke In favor of Ordinance No. 280B. There being no one present to speak further on the scatter and there being no . further protests filed, either oral or written, the hearing was closed by the Mayor. The Deputy City Clerk presented Ordinance No. 2808A (Recommended by the . Planning Commission) for Council consideration - AN ORDINANCE OF THE CITY OF authorized to Publish Advertisements of all kinds including public �` 1 notices by Decree of the Superior Court of Orange County, California, Number A-6214, dated 29 September. 1961, and A-24831, dated 11 June. 1963. STATE OF CALIFORNIA \' 00 , County of Orange Public Notice Advertising covered by this anid"t is am in 7 point with 10 pica column width I am a Citizen of the United States and a resident of PUBLIC NOTICE - the County aforesaid, I am over the age of eighteen NOTICE OF years, and not a party to or interested in the below PUBLIC HEARING CODE AMENDMENT 85-8 entitled matter. I am a principal g al clerk of the Orange No:SALE OF CONSUMPTION OF Coast DAILY PILOT, with which is combined the BEVERA ALCOHOLIC EVERAGES ON , NEWS-PRESS, a newspaper of general circulation, GASOLINE SERVICE STATION PREMISES- printed and published in the City of Costa Mesa, NOTICE IS HEREBY, GIVEN that the Huntington County of Orange, State of California, and that a Beach City Council will,hold a Public Hearing In the Public Hearing Council Chamber at the Notice of Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, Cali- fornia,on the date and at the time indicated below to re- of which copy attached hereto is a true and complete ceive and consider the state- ments of all persons who copy, was printed and published in the Costa Mesa, wish to be heard relative to the application described Newport Beach, Huntington Beach, Fountain Valley, below. DATE: Monday, October Irvine, the South Coast communities and Laguna 21, 1985 TIME:7:30 P.M. Beach issues of said newspaper for 1 time APPLICATION NUMBER: �Code Amendment No.85-8 LOCATION:City-wide t�i9f3itl�tl i63�to wit the issue(s) of I PROPOSAL: To to Article t ce an 973 (Miscellaneous Provisions) of the Hunt-, ington Beach Ordinance October 10 5 Code to prohibit the sale or 198 consumption of alcoholic beverages on the same premises as a gasoline ser- vice station. 198 ENVIRONMENTAL ! STATUS: The proposed code amendment is categ- orically exempt pursuant to 198 provisions of the California ' ,Environmental Quality Act. ON FILE: A copy of the proposed code amendment 198 Is on file in the Development Services Department. ALL INTERESTED PER- SONS are invited to attend said hearing and express. 198 opinions or submit evidence for or against the application as outlined above.All appli- �cations, exhibits, and de- ,scriptions of this proposal I declare, under penalty of perjury, that the ;are on file with the Office of the City Clerk, 2000 Main foregoing is true and correct. street, Huntington Beach, California,for inspection by ,the public. N BEACH October 10 5 CITY COUNCIHUNTINGTL, By. Alicia Executed on 198 — IM. Wentworth, City Clerk, Phone(714)536-5405 at Costa Mesa, California. �Daily'Pilot Published Orange Coast October 10,1985 ' �--- -__---Th-357 Signature 0 04 I 7 { REQUES , FOR CITY COUNCICACTION Date November 18 , 1985 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator Prepared by: James W. Palin, Director , Development Services-��'�,( Subject: CODE AMENDMENT N0. 85-8 11/?�� Consistent with Council Policy? ( ] Yes DQ New Policy or Exception 6,gl, �0 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Submitted for Council ' s consideration is a code amendment to prohibit the concurrent sale of alcoholic beverages on the same premises with gasoline sales . It also establishes an amortization period to eliminate such uses existing within the City. RECOMMENDATION: The Planning Commission and staff recommend that the City Council approve Code Amendment No . 85-8 by adoption of the attached ordinance. Planning Commission action of October 1, 1985 : ON MOTION BY ERSKINE AND SECOND BY PORTER, THE PLANNING COMMISSION VOTED TO APPROVE CODE AMENDMENT NO. 85-8 AND RECOMMEND ITS ADOPTION BY THE CITY COUNCIL BY THE FOLLOWING VOTE: AYES: Rowe , Winchell , Schumacher , Porter , Erskine, Livengood, Mirjahangir NOES: None ABSENT: None ABSTAIN: None ANALYSIS: The City Council has discussed the issue of concurrent sales of alcoholic beverages on the premises of gasoline service stations on several occasions . At the meeting of October 21 , 1985, the City Council approved for introduction Ordinance 2808 A and B, both of which prohibit the concurrent sale of alcoholic beverages on the same premises as gasoline sales . The difference between the two was an additional provision for an amortization period for existing uses incorporated as part of "A" . The Council requested more specific information regarding the amortization process and the value of the equipment involved . Upon field investigation of the four existing gasoline service stations/convenience markets that sell beer and 8 P10 4/84 wine, staff determined that three of them each have one large, eight-door refrigeration unit on the premises. (The fourth had a 2-door freestanding unit . ) One-third to one-half of each refrigerator ' s capacity contained beer and wine ; the remainder was used for soft drinks and dairy products . Ace Fixture Company of Anaheim estimated the cost of the eight-door cooler at $12,000 . Depreciation of such equipment can be accomplished over a five year period. In light of this information , staff recommends that the proposed ordinance be amended to allow a five year amortization period for the elimination of alcohol sales . A five year amortization period should allow ample time for the operator to deplete inventory, depreciate the refrigeration equipment or use them to store other beverages or products, and to write-off the costs of obtaining an alcoholic beverage license . The State Department of Alcoholic Beverage Control indicates that the cost of obtaining a license for off-site (packaged) sales of beer and wine is a $100 initial fee and a yearly fee of $28. ENVIRONMENTAL STATUS: The proposed code amendment is categorically exempt from the provisions of the California Environmental Quality Act . FUNDING SOURCE: Not applicable . ALTERNATIVE ACTION: Revision of ordinance as desired. ATTACHMENTS: 1 . Draft Ordinance for five year amortization 2. Request for Council Action dated October 21, 1985 3. Planning Commission Ordinance 4. Attorney' s Office Ordinance 5. Planning Commission Staff Report dated October 1 , 1985 JWP:JA: kla RCA - 11/18/85 -2- ( 3233d) REQUESC ®OR CITY COUNCIL .CTION Date October 21 , 1985 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson , City Administr o m Prepared by: James W. Palin, Director , Development Services A Subject: CODE AMENDMENT NO. 85-8 Consistent with Council Policy? ( ] Yes VQ New Policy or Exception 0OA0,20ve Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Submitted for Council 's consideration is a code amendment to prohibit the concurrent sale of alcoholic beverages on the same premises with gasoline sales . It also establishes an amortization period to eliminate such uses existing within the City. RECOMMENDATION: The Planning Commission and staff recommend that the City Council approve Code Amendment No . 85-8 by adoption of the attached ordinance . Plannina Commission action of October 1 , 1985 : ON MOTION BY ERSKINE AND SECOND BY PORTER, THE PLANNING COMMISSION VOTED TO APPROVE CODE AMENDMENT NO. 85-8 AND RECOMM.FND ITS ADCPTT01' BY THE CITY COUNCIL BY THE FOLLOWING VOTE: AYES: Rowe , Winchell , Schumacher , Porter , Erskine , Livena_ood, Mirjahangir NOES: None ABSENT: None ABSTAIN: None ANALYSIS: The City Council has discussed the issue of concurrent sales of alcoholic beverages on the premises of gasoline service stations on several occasions.. in addition , the Board of Zoning Adjustments and Planning Commission have recently been conditioning new entitlements for convenience markets and gasoline station remodels to prohibit the sale of beer and wine . The attached ordinance prohibiting concurrent sales is an effort to prevent alcohol-related problems such as driving under the influence. i 4 PIa 4/84 _ _ The one year amortization period is designed to allow ample time .for the operator to deplete inventory, depreciate equipment such as coolers or use them to store other beverages , and to write-off the costs of obtaining an alcoholic beverage license. The State Department of Alcoholic Beverage Control indicates that the cost of obtaining a license for off-site (packaged ) sales of beer and wine is a $100 initial fee and a yearly fee of $28 . Staff field investigation has determined that there are four gasoline station convenience markets existing within the City that currently sell beer and wine. ENVIRONMENTAL STATUS: The proposed code amendment is categorically exempt from the provisions of the California Environmental Quality Act . FUNDING SOURCE: Not applicable . ALTERNATIVE ACTION: Revision of ordinance as desired . ATTACHMENTS: 1 . Planninc Commission Ordinance 2 . Attorney 's Office Ordinance 3 . Planning Commission Staff Report dated October 1 , 1985 JWP:JA: kla RCA - 9/16/85 -2- (3233d ) itington beach developmei 3erVices department AEA EPORT TO: Planning Commission FROM: Development Services DATE: October 1 ,. 1985-�.• SUBJECT: CODE AMENDMENT NO, 85-8 . APPLICANT: City of F,intinaton Beach REQUEST: To prohibit the% sale or consumption of alcoholic beverages on the same premises with gasoline sales . 1 . 0 SUGGESTED ACTICN: Approve Code Amend-ent Ea. 85=8 and recommend adoption, by the City Council . 2 . 0 GENERAL INFORMATION: At the August 5, 1-085 Planning Commission meeting , the Planning Commission took the following action: r ON MOTION E Y WINC:.LLL• AND SECOND BY PORTER, THE PLANNING COMMISSION � VOTED TO SUPPORT T'F- CITY CGUNCII °•S DIRECTION FOR STAFF TO INITIATE A CODE AMENDMENT kOUT D PROF:BIT THE SALE OF BEER AND WINE IN CONJUNCTION WITH T E SALE .OF GASOLINE, BY THE FOLLOWING VOTE: AYES: Rowe , Winchell , Schumacher , Porter , ,rskine NOES: Livencood ABSENT: Mirjahangir ABSTAIN:" None MOTION PASSED Attached for the Commission ' s consideration is a draft ordinance that prohibits the sale or consumption of alcoholic beverages on the same premises wits, gasoline sales . It also establtshes an amortization period to eliminate s*bch uses existing in the City within one year from the effective date of the ordinance. The one year amortization period is designed to allow . tpple time .for the operator to deplete inventory, depreciate equipmer,t.• such as coolers or use then to store other beverages , and to write-off the costs of obtaining an alcoholic beverage license. The'..Sta,te Department of Alcoholic Beverage Control indicates that the cost of obtaining a license for off=site (packaged ) sales bf beer'..and wine is a $100 initial.—fee and a yearly fee of $28. A-F M-23A Staff field investigation has determined that there '.are four gasoline station'`c'onveni�ence markets existing within the City that currently sell beer and wine. 3 . 0 ENVIRONMENTAL STATUS: The proposed cod* amendment is categorically exempt from the provisions of the._ California Environmental Quality Act. ATTACHMENTS: 1 . Draft Ordinance JWP:JA: kla Staff Report - 10/1/85 -2- ( 3348d ) NOTICE OF PLANNING COMMISSION PUBLIC HEARING OCTOBER 1, 1985 CODE AMENDMENT NO. 85-8 Applicant: CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that a public a ill be held before the for,nth%purpose of --° . ideri�n�g� �,.,�o.�; to prohibit the sale or consumption of alcoholic fieverages on the same premises as a gasoline service station. The public hearing will be held on Thu ► , October 2l , 1985, at 7:110 p.m. in the City Council Chamber, Civic Center, 2000 Main Street, Huntington Beach , California 92648, at which time and place written and oral testimony will be presented. Any person desiring further information regarding this matter may contact Jeff Abramowitz , Assistant Planner, at ( 714 ) 536-5271. James W. Palin, Secretary tt Huntington Beach Planning Commission JWP:JA: kla ( 3280d) X/Gf;_ ¢C✓ v..L.tr ,v (< / Iy.'� � d t U L�' w f. 1� Publish 10/10/8 5 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO 85-8 SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES ON GASOLINE SERVICE STATION PREMISES -/PROHIBITION NOTICE IS HEREBY GIVEN that a publicZ Zeariniggwill be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday, the 21st day of October, 1985, for the purpose of considering an amendment to Article 973 (Miscellaneous Provisions) of the Huntington Beach Ordinance/code to prohibit the sale or consumption of l alcoholic beverages on the same premises as a gasoline service station. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment No. 85-8 . Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648 - (714) 536-5227. Dated: ctober 3, 1985 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth I City Clerk t a Page 5 -R`Cduncil-i'nut-es - 10/21/85 MEDIUM-DENSITY RESIDENTIAL DISTRICT TO (QUALIFIED) HIGHWAY COMMERCIAL DIS- TRICT ON REAL PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF WARNER AVENUE AND "B" STREET." A motion was mace by Kelly, seconded by Finley, to approve Negative Declara- tion No. 8 5-54, approve Zone Case No. 8 5-14 and, after reading by title, approve introduction of Ordinance No. 2805. The motion carried by the fol- lowing roll call vote: AYES: Kelly, Bailey, Finley, Green, Thomas NOES: None ABSTAIN: Mandic ABSENT: MacAllister Councilman Mandic resumed his chair. PUBLIC HEARING - CODE AMENDMENT 8 5-8 - HEARING CLOSED - ORD NO 28 0BA/28 O8 B - INTRODUCTIONS APPROVED - PROHIBITION ON THE SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES ON GASOLINE SERVICE STATION PREMISES - BOTH ORDINANCES TO BE CONSI- DERED FOR ADOPTION ON 11 l8 85 The Mayor announced that this was the day and hour set for a public hearing to consider an amendment to Article 973 (Miscellaneous Provisions) of the Hunt- MM Beach Ordinance Code to prohibit the sale or consumption of alcoholic beverages on the same premises as a gasoline service station. The Deputy City Clerk announced that all legal requirements for publication and posting had been met. Mayor Bailey stated that Council had received many letters in support of the proposed ordinance and letters from Atlantic Rich- field in opposition. The City Administrator informed Council that a memoran- dum from the City Attorney regarding the matter had been prepared. He advised Council to recess to a Closed Session to read the memorandum. Discussion was held regarding the matter. The Mayor declared the hearing open. Van Tarver, representing Thrifty Oil Company; Don Davis, representing Atlantic Richfield Oil Company; Bill Walker, sales manager Atlantic Richfield Oil Com- pany; and Nassim Jebaii, owner of an A/P Market; spoke in opposition to pro- posed Ordinance No. 2808. Carolyn Allen stated that she represented a few citizens and spoke in support of Ordinance No. 2808. Warren DeBates spoke in favor of Ordinance No. 2808. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. The Deputy City Clerk presented Ordinance No. 2808A (Recommended by the Planning Commission) for Council consideration - "AN ORDINANCE OF THE .CITY OF Page 6 - Council Minutes - 10/21/85 HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9730.84 PROHIBITING THE SALE OR CONSUMPTION OF ALCOHOLIC BEV- ERAGES." The Deputy City Clerk presented Ordinance No. 2808B (Recommended by City Attorney's Office) for Council consideration - AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9730.84 PROHIBITING THE SALE OR CONSUMPTION OF ALCOHOLIC BEV- ERAGES." The difference between proposed Ordinance No. 2808A and 2808B is that Ordi- nance No. 2808A contains subsection (b) "All existing such uses which were lawfully in existence on the effective date of this section and which were rendered nonconforming thereby shall be discontinued within one (1) year from the effective date of this section. A motion was made by Mandic, seconded by Finley, to approve introduction of Ordinance Nos. 2808A and Ordinance No. 2808B by the following roll call vote: AYES: Mandic, Bailey, Finley, Green NOES: Kelly, Thomas ABSENT: MacAllister It was determined that both ordinances would be presented to Council at the November 18, 1985 Council meeting at which time a decision relative to adop- tion of either ordinance would be made. PUBLIC HEARING - CODE AMENDMENT 85-16 - APPROVED - NEGATIVE DECLARATION #85-42 - ORD NO 2806 - INTRODUCTION APPROVED - SERVICE STATION CONVENIENCE MARKET WITHOUT SALES OF ALCOHOLIC BEVERAGES - PACIFICA COMMUNITY PLAN, DIS- TRICT ONE The Mayor announced that this was the day and hour set for a public hearing to consider an amendment to Huntington Beach Ordinance Code Section 9654.1 to allow convenience markets, without sales of alcoholic beverages as a permitted use with service stations in the Pacifica Community Plan District One, gener- ally located north of Garfield Avenue, south of Main Street, west of Beach Boulevard, and east of Huntington Street. The Mayor stated that Negative Declaration No. 85-42 assessing the environ- mental effects of said Code Amendment would also be considered by Council. The Deputy City Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or writ- ten protests to the matter. The Director of Development Services presented a staff report. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. CODE AMENDMENT NO. 85-8 ORDINANCE NO. 2808 (B) AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9730. 84 PROHIBITING THE SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES The City Council of the City of Huntington Beach does or- dain as follows: SECTION 1. The Huntington Beach Ordinance Code is amended by adding thereto section 9730. 84 to read as follows : 9730. 84 SALE OF ALCOHOLIC BEVERAGES PROHIBITED. No person owning , operating or having control of a convenience market combined with a service station, as defined in this code, shall sell any alcoholic beverage or permit or allow the sale or con- sumption of any alcoholic beverage on such premises. As used in this section, "alcoholic beverage" shall mean any malt, spiritous or vinous liquor containing more than one-half of 1 percent or more of alcohol by volume, which is fit for bever- age purposes either alone or when diluted, mixed or combined with other substances. SECTION 2. This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City" of Huntington Beach at a regular meeting thereof held on the 1-Rth day of November 1985. Mayor ATTEST: APPROVED AS TO FORM : City Clerk City Attorney 1. REVIRnED AND APPROVED: INITIATED AND APPROVED: City Ad ni tra r Directco) of De elopment Services RCS :ahb 0784L/9/10/85; 10/21/85 2 . Ord. _4o. 28n8 (B) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 21st day of October 19 85 , and was again read to said City Council at a regular meeting thereof held on the 18th day of November 19 85 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: MacAllister, Bailey, Mandic, Thomas NOES: Councilmen: Kelly, Finley, Green ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California F licia M. Wentworth CITY C!VC K of the City of ntington Beach and ex-oNicio Clerk of the City ncii, do hereby certify thaf a syr;3psis of thfs nance has been in the Huntington Beach Independent on ! — In accordanc mu, the City ti, ,a d City. ALICIA M. WENTWORTm ................................................................................................ Cay Clerk ........................ / C .. �...................... Deputy City Clerk • �,�nnew� �®Yn rn ds S��h (,�D ORDINANCE NO. ; AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9730. 84 PROHIBITING THE SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES � The City Council of the City 'of Huntington Beaddoes ordain as follows : SECTION 1 . The Huntington Beach Ordinance ode is amended by adding thereto section 9730 . 84 to read as follows: 9730. 84 SALE OF ALCOHOLIC BEVERAGES PRC -IBITED. (a ) No person owning, operating or hawing control of a service station as defined in thiis code, shall allow the sale or consumption on such°premises of any alcoholic beverage. As used fn this section, "alcoholic beverage' shall mean any malt, spiritous or vinous liquor containing more than one-half of 1 percent or more of alcohol by volume , which is fit for beverage purposes either alone or when diluted, r:ixed or combined with other substances . (b ) All existina such uses which were lawfully in existence on the effective date of this section and which were rendered nonconforming thereby shall be discontinued within onfe (5) year3 from the effective date of this section . SECTION 2 . This ordinan 'e shall take effect thirty days after its passage . PASSED AND ADOPTED by ,e City Council of the City of Huntington Beach at a reg , ar meeting thereof held on the day of 1985 . Mayor ATTEST: APPROVED AS TO FORM: City clerk City Attorney Planning Commission Oordinance T�r�W:KT t 4e ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9730. 84 PROHIBITING THE SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES The City Council of the City of Huntington Beach do s ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is amended by adding thereto section 9730. 84 to read as fol2Fws : 9730.84 SALE OF ALCOHOLIC BEVERAGES PROHIB;r"I'ED. No person owning, operating or having control of a conve fence market, combined with a service station as defined in this code, shall allow the sale or consumption on such premis s of any alcoholic beverage . As used in this section, "alcoh is beverage" shall mean any malt , sriritous or vinous liquor ontaining more than, one-half of 1 percent or more of alcohol y volume, which is fit for beverage purposes either alone when diluted, mixed or combined with other substances. SECTION 2 . This ordinance shall afie effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular me ing thereof held on the day of 1985 . Mayor ATTEST: APPROVED AS TO FORT",: City Clerk City Attorney Attorney' s Office Ordinance 1. NITA(2414 MVqT 2- Publish-10/10/8 5 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 85-8 SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES ON GASOLINE SERVICE STATION PREMISES - PROHIBITION NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a Public Hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE: Monday, October 21, 1985 TIME: 7:30 P.M. APPLICATION NUMBER: Code Amendment No. 85-8 LOCATION: City-wide PROPOSAL: To consider an amendment to Article 973 (Miscellaneous Provisions) of the Huntington Beach Ordinance Code to prohibit the sale or consumption of alcoholic beverages on the same premises as a gasoline service station. ENVIRONMENTAL STATUS: The proposed code amendment is categorically exempt pursuant to provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed code amendment is on file in the Development Services Department. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. All applications, exhibits, and descriptions of this proposal are on file with the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, for inspection by the public. HUNTINGTON BEACH CITY COUNCIL By: Alicia M. Wentworth City Clerk Phone (714) 536-5405 ORDINANCE NO. OY Iq AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE Y ADDING THERETO SECTION 9730 . 84 PROHIBITING HE SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGE The City Counc ' 1 of the City of Huntington each does ordain as follows : SECTION 1 . The ntington Beach Ordina ce Code is amended by adding thereto sect on 9730. 84 to read s follows: 9730. 84 SALE OF ALC OLIC BEVERAGES PROHIBITED. (a) No person owning, perating o having control of a service station as efined i this code, shall allow the sale or consumption on uch premises of any alcoholic beverage. s us d in this section, "alcoholic beverage" s 1 mean any malt, spiritous or vinous liquor containin more than one-half of 1 percent or more of alc o by volume, which is fit for beverage purposes eit er crone or when diluted, mixed or combined with oth r subs t nces. (b) All existing such ses which w re lawfully in existence on the ffective date of this section and which were rend ed nonconformin thereby shall be discontinued w' thin five ( 5) years from the effective date of this ection. SECTION 2 . This ordinance shall take effe t thirty days after its passage. PASSED AND A PTED by the City Council of the ity of Huntington Beac at a regular meeting thereof held the day of , 1985 . Mayor ATTES APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVE . City Administra or Director o Devel nt S vices ( 3349d) 1 l C r. r DAILY PILOT PUBLISH DATE LEGAL NOTICE ORDINANCE NO. 2808 (B) "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9730.84 PROHIBITING THE SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES" SYNOPSIS: r. Ordinance No. 2808 (B) amends the Huntington Beach Ordinance Code by adding Section 9.730.84 as follows: No person owning, operating or having control of a convenience market combined with a service station shall sell any alcoholic beverage or permit or allow the sale or consumption of any alcoholic beverage on such premises. Alcoholic beverage shall mean any malt, spiritous or vinous liquor containing more than one-half of one percent or more by volume which is fit for beveraqe purposes either alone or when diluted mixed or combined with other substances. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE ADOPTED by the City Council of the City of Huntinggton Beach at an regular meeting held Monday, November 18, , 19 B5 by the following roll call vote: AYES: Councilmen: MacAllister, Bailey, Mandic, Thomas NOES: Councilmen: Kelly, Finley, Green ABSENT: Councilmen: None CITY OF HUNTINGTON BEACH Alicia M. Wentworth City Clerk CODE AMENDMENT NO. 85-8 ORDINANCE NO. 2808 (B) AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9730. 84 PROHIBITING THE SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES The City Council of the City of Huntington Beach does or- dain as follows : SECTION 1. The Huntington Beach Ordinance Code is amended by adding thereto section 9730. 84 to read as follows : 9730. 84 SALE OF ALCOHOLIC BEVERAGES PROHIBITED. No person owning , operating or having control of a convenience market combined with a service station, -as defined in this code, shall sell any alcoholic bev-erage or permit or allow the sale or con- sumption of any alcoholic beverage on such premises. As used in this section , "alcoholic beverage" shall mean . any malt, spiritous or vinous liquor containing more than one-half of 1 percent or more of alcohol by volume, which is fit for bever- age purposes either alone or when diluted , mixed or combined with ether substances. SECTION 2 . This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1Rth day of November 1985. • Mayor ATTEST: APPROVED AS TO FORM : City Clerk City Attorney 1. Oi_ . No. 28nR (R) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 21st day of October 19 85 , and was again read to said City Council at a regular meeting thereof held on the 18th day of November 19 85 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: MacAllister, Rai ley, Niandic, Thomas NOES: Councilmen: Kelly, Finley, Green ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California REVIE✓2ED AND APPROVED: INITIATED AND APPROVED: City Ad ni tra r Directo of De elopment Services RCS :ahb 0784L/9/10/85; 10/21/85 Y 2.. NOTICE TO CLERK TO SCHEDULE PUB'LJIC HEARING ITEM TO: CITY CLERK'S OFFICE DATE: f0. 9 FROM: Development Services PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE \� DAY OF 198� AP's are attached AP's will follow No CAP- Initiated by: Planning Commission/G'-� G,,•NGtj Planning Department Petition * Appeal Other Adoption of Environmental Status (x) EIR ND NONE Has City Attorney' s Office been YES NO informed of forthcoming public hearing? Refer to � Planning Department - Extension # S�1V j V r, for additional information. * If appeat , please transmit exact wording to be required in the legal .