O-08-18 Adding chapter 18.47 to title 18 of the Colton Municipal Code grqnting deemed approved status to existing non-confirming on-sale and off-sale alcoholic beverage establishments.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 establishments so that the secondary effects of negative impacts generated by these activities on the surrounding environment are mitigated; F. To monitor deemed approved establishments to ensure they do not substantially change in mode or character of operation; and G. To promote a healthy and safe business environment in the city of Colton through appropriate and consistent land use regulations and to encourage the establishment of businesses that will benefit both the local economy and residents while not placing an undue strain on city resources or surrounding businesses. WHEREAS, the proposed Chapter promotes the public interest and is consistent with the City of Colton General Plan and the following General Plan Goals and Policies: 1. Policy LU -1.1: Ensure that all new development conforms to all applicable provisions of the General Plan and Zoning Code. The proposed ordinance promotes administrative provisions to ensure that uses comply with the City's General Plan and Zoning regulations. 2. Policy LU -6.2: Discourage the establishment of incompatible uses in proximity to each other. The proposed ordinance provides a mechanism to eliminate uses that become incompatible with surrounding uses due to their nuisance activities. WHEREAS, as determined by the California courts in City of Oakland v. Superior Court (45 Cal.App.4th 740 and HSH Inc. v. City of El Cajon (44 F. Supp.3d 996), California law does not preempt local land use decisions with regard to alcoholic beverage sale regulations and the authority to regulate nuisance conditions created by state -licensed alcoholic beverage retailers derives solely from the City's general police powers. NOW, THEREFORE, the City Council of the City of Colton, California, does ordain as follows: SECTION 1. Incorporation of Recitals. The City Council hereby finds that all of the foregoing recitals presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council. SECTION 2. Addition of Chapter 18.47 to the Colton Municipal "Chapter 18.47 is hereby added to the Colton Municipal Code to read as follows: "Chapter 18.47 - Deemed Approved Alcoholic Beverage Sales 23152.06000\30617514.1 -2-