(5)AR 011910 2nd reading of O-09-09

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Staff Report to the Mayor and City Council Subject: Conditional Use Permit Zone Text Amendment, Alcohol Beverage Sales Date: December 15, 2009 Page 2 initiated a zone text amendment for various sections of Title 18 of the City of Colton Municipal Code (the "Code"). The Planning Commission found the proposed Zone Text Amendment to be consistent with the Colton General Plan and determined that the approval of the proposal would accomplish several goals and policies of the General Plan, specifically General Object #1 and Commercial Principle #1 in the Land Use Element as mentioned previously. The Planning Commission subsequently approved the item on November 10, 2009 with a unanimous vote recommending it be brought forth for consideration by the City Council. ISSUES/ANALYSIS These proposed changes will allow City staff and the Planning Commission to review in greater detail the use, locations, potential adverse impacts, public convenience and necessity, and finally, potential issues stemming from overconcentration of these types of uses in any given area, thereby allowing staff to appropriately locate and condition such uses. The changes described in the foregoing sentences shall be referred to collectively in this Staff Report as the "Zone Text Amendment". The specific changes are detailed in the Planning Commission Staff Report and Resolution (Exhibit "A") of this report. A summary of the changes are as follows: • Adds a new definition of "Alcoholic Beverage Sales" in Section 18.04.023 of the Colton Municipal Code, which reads, "'Alcohol beverage sales' means any premises engaged in the sale of alcoholic beverages, including beer and wine sales and liquor and bottled spirits sales for on -premises or off -premises consumption, pursuant to state licensing, excluding therefrom temporary beer and wine sales conducted by charitable or nonprofit organizations." • Modifies the definition of "Beer and Wine Sales" in Section 18.04.079 of the Colton Municipal Code to read, "'Beer and Wine sales' means any premises engaged in the sale of beer and wine for on -premises or off -premises consumption, pursuant to state licensing, excluding therefrom temporary beer and wine sales conducted by charitable or nonprofit organizations." • Adds Section 18.48.10 to Chapter 18.48 of Title 18 in the Municipal Code to add design standards and site location pertaining to Alcoholic Beverage Sales. The proposed Zone Text Amendment makes "Alcoholic and Beverage Sales" a conditional use within the following City zoning districts: • C-1 Neighborhood Commercial Zone (18.18.040) • B -P Business Park Zone (Sections 18.20.030 and 18.20.040) • C-2 General Commercial Zone (Sections 18.22.030 and 18.22.040) • I -P Industrial Park Zone (Sections 18.24.030 and 18.24.040) • M-1 Light Industrial Zone (Section 18.26.030 and 18.26.040) • M-2 Heavy Industrial Zone (Sections 18.28.040)