HomeMy WebLinkAboutItem 6.1 Noise Disturbance Mini-Mart 3D -35
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 13, 1984
SUBJECT Report from City Attorney Re: Abatement of
Disturbances at AM/PM Mini-Mart
EXHIBITS ATTACHED 1 ) Draft Ordinance
2 ) Excerpt from Resolution re: Conditional Use
Permit C-1788
RECOMMENDATION Consider
FINANCIAL STATEMENT: None
DESCRIPTION The City Attorney and Police Chief were directed to
study methods to curb the neighborhood disturbances which apparently occur
p+�r_io�-ic�► �_ t the AM/PM Mini-Mart . Evidence suggests that the operators
have attempted to ala,aouraae problems by employing private patrolmen to
monitor the parking lot.
The service station portion of the use operates under a Conditional Use
Permit (C-1788 ) issued by Alameda County in September, 1967 . Condition No.
2 of the CUP states "said use shall be limited to a gasoline service station
for onli� the sale of gasoline, oil and minor accessories. " The CUP is
subject to revocation for cause by the Planning Commission. The CUP did not
have an expiration date.
In May of 1981, Alameda County issued a building permit and zoning approval
to convert the use into a convenience store with a gas station. The
convenience store was, at that time, approved as a permitted use. Thus, the
convenience store portion of the AM/PM Mini-Mart does not operate under a
conditional use permit . Therefore, the City cannot impose conditions
regulating hours of operation. Imposition of hours of operation on the
business by ordinance might , in the opinion of the City Attorney, be
unconstitutional on due process and equal protection grounds.
Staff has identified two ( 2 ) options for addressing the issue:
Option 1 : Inasmuch as some of the problems stem from drinking in vehicles
in the store parking lot, an ordinance prohibiting this activity ir,4.Laht curb
the problem. Attached is such an ordinance for your consideration.
Option 2 . A general regulatinn of the Z,Gi+:�:ic; ()r; irance :Mates th- : .,
shall i--e r:r prcved which invo-,.; :s noise, et._:`r t.harl related to trar� �;; ,::>r,•
activ.. _...e or temporary cons`._._ , :-. ;.oP 4'iG?'. 9;l i.CT1 i.' d'SC:,?rn .b.. L
i n s t u! .. at any lot _.Lne o4 tt . b! i.]. a ._ _.:::e .
C'UP z-hat whenever a .;_ .. o t`,t to -
<:.:e::c�.sed contrary to r:. .. _..c:. L: a _.,:.
c% titE. nuisance or to = 1 _c
r.c .d:_: .,f ficial shall
c,: ,.rig, the ni. L � . . ._
u C zz, ring apprcva._ -
-u �.. . cation , he v k, .14
NO. e `' q.
t
ORDINANCE NO.
AN ORDINANCE PROHIBITING
THE DRINKING OF ALCOHOLIC BEVERAGES
IN CERTAIN PARKING LOTS
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
Section 1. DRINKING IN PARKING LOTS
No person shall drink any beer, wine, or other
intoxicating beverage upon that portion of public or private
property open to the public and within five hundred (500) feet
of any pubic- street, sidewalk, alley or highway and used or
3nrended to be used for--t-he parking or storage of motor vehicles
-- by customers or employees of any commercial or industrial use,
or public use, without the express permission of the owner, his
agent, or person in lawfr,il- possession thereof. This section
shall not be deemed to make punishable any act or acts which are
prohibited by any law of the State of California.
Section 2. IMMEDIATE EFFECT
The drinking of alcoholic beverages in private
parking lots which are in close proximity to public streets can
create distractions to motorists and pedestrians and thereby
endanger public safety. The City Council finds that this
Ordinance is therefore necessary for the immediate preservation
of the public peace, health and safety, and it shall take effect
immediately.
Section 3. VIOLATION OF THIS ORDINANCE
Violation of this Ordinance shall be a
misdemeanor punishable by either a Five Hundred Dollar ( $500.00)
fine or six (6) months in the County Jail, or both.
Section 4. POSTING OF ORDINANCE
The City Clerk of the City of 1'.'u�i
d
cause this Ordinance to be posi.:
PASSED AND ADOPTED by the City Council of the City of
Dublin on this 13th day of August, 1984, by the following votes:
AYES: Councilmembers
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
-2-
S
THE COUNTY PUNNING COMMISSION OF tMEDA COUNTY ! i
try , HAYWARD* CALIFORNIA
RESOLUTION NO. _�451- At mating hold as r 2, '1967 '
Introduced by Commissioner P. J. Dekr di
r Seconded by CommIssloner 0aorge R. Vaud
WHEREAS -Sibarco Stations, Inc... C-,1788,�has the with the Alameda County �
,Planning'Cq=Isslonan'application for a Usi' Permit to !11 an automobile service
station t.nfa !'C-M` (NNIghborhood Business) District,- located 'Nt the northeast corner
�.of the lntirsaction .of Awador.,Yailey Boulevard and Village Pa way, Dublin Area,
Pleasanton jownship, as shown cz a plot plan file with this `oAmission;aadd
a, 44
WHEREAS this Commission did hold'a blic hearing ng on said application at a9
the .hour of I:30 p.m. `on 'the 2nd.-dsy 'of October; :1967, in the County of Alameda
Pub l le'714orks eui di n.9 399 Elmhurst 'Street,"Heywird,'.Cal i fornI&; a
{1
�t _ PPe newspaper
;}r� YHEREAS, it atisfactorl l Y a arse from affidavits on tics that t
e:sx �s d public hearing was given in •all rospeets as required by law; and '31.
aa.!
I Z7
1MEREAS .this Commission does find that the use will not be detrimental to ;a
persons or property In .the 'neIghborhood or to the public welfare: Now Therefore 3
''BE IT RESOLVED that this Commission 'does hereby approve said application
subject t,o ,tha daslgn,' -statements and conditlons indicated on "Exhibit B", on file =
with this Cowlsslon., a copy of which shall be forwarded to the County Building
Official, "Ject to the following conditions: :?
(1) ''Slope tlw sita toward the street with a minimum 0.3% grade. Those x
grades shill not conflict with they curb grades approved by the Road
i
r (2) Slid usi shall be. limited to a gasoline service station for only the k
sale of. gasolIn*. oil and minor accessories.
r
. L
(3) The tree-standing sign shall be limited to a total sign ares. of 100
square, feet, 'and shall noe exceed 24e. In height. - This sign area is 3
permitted In.add ItIon to.thc standard 20 sq. ft. of sign area attached
to `the'structure, as permitted in the "C-N"e. District.
Sold ease, w*rwIt shall be subject to revocatC oft i, ::•r r4 by the Planning Cc� ci s,r ;k
after zova,i f,7j days notice and a hearing b1p, svE•
ADOPTUD tat' THE E`OLLVdINO VOTE: