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HomeMy WebLinkAboutAGENDA REPORT 1995 1220 CC REG ITEM 10DTO: FROM: DATE: The Honorable City Council Jaime Aguilera, Community Development IT 7. Di November 22, 1995 (CC Meeting 12/20/95) SUBJECT: Consider Adoption of Resolution 95- , Delineating the Process for Review of Alcoholic Beverage Sales Licenses. Background: During the 1994 Legislative Session amendments and additions were made to certain provisions of the Business and Professions Code relating to alcoholic beverage licensing which affect the local governing bodies of cities and counties. Pursuant to the Business and Professions Code Section 23958.4 (b)(2), the local governing body will make a determination as to the satisfaction of a public convenience or necessity in the case of all "off- sale" (for consumption off site) and "on- sale" (for consumption on site) beer and wine licensing, off -sale general licenses, and all other on -sale licensing. The Alcoholic Beverage Control is bound by that determination. In effect, the local governing body has decision making authority over the application approvals for all types of alcohol beverage sales. The law allows the City Council to delegate the duties of determining whether or not public convenience and necessity are met however on April 5, 1995 the City Council decided not to delegate that responsibility. The attached resolution delineates the proposed process which the staff and the Council could utilize in rendering decisions on applications for alcohol sales. The process as proposed by staff utilizes the same procedures as currently used to process applications for Administrative Permits. A copy of these procedures is attached however, the following is a summary of those procedures: a. Property owners within 300 feet of the proposal are required to be notified as to the date of the meeting. b. A hearing is scheduled for public input, but it is not advertised, only those property owners within 300 feet are notified. C. The permit may be conditioned. The only other change to these procedures is that the Director of Community Development is required to defer all decisions on this issue to the City Council. Staff Recommendation: Staff recommends that the City Council adopt Resolution 95- which sets forth the procedures to be followed by City staff and Council for processing of applications for alcohol sales pursuant to the Business and Professions Code Section 23958.4 (b)(2). Attachments: Resolution 95- Administrative Permit Regulations State Alcohol Control Legislation AB 2897 000171 Chapter 17.44 ENTITLEMENT— PROCESS AND PROCEDURES Sections: 17.44.010 Purpose. 17.44.020 Legal lot requirement. 17.44.030 Entitlement. 17.44.040 Filing and processing of application requests. 17.44.050 Notice and hearing procedures. 17.44.060 Decisions. 17.44.070 Reapplication. 17.44.080 Modification, suspension and revocation. 17.44.090 Appeals. 17.44.100 Effect of change of zoning regulations. 17.44.010 Purpose. The purpose of this chapter is to establish procedures for the processing of land use entitlement, including permits and variances. (Ord. 189 § 3 (8111 -0), 1994) 17.44.020 Legal lot requirement. No permit shall be issued for construction on a lot which is not a legal lot. (Ord. 189 § 3 (8111 -1), 1994) 17.44.030 Entitlement. A. Discretionary Permits. Entitlement authorized by this title include the following: 1. Types of Discretionary Permits. a. Planned Development (PD) Permit. A planned development permit is a permit based on a discretionary decision required prior to initiation of specified uses and structures which are allowed as a matter of right, but which are subject to site plan review and which may be condi- tioned in order to assure compliance with the requirements of this title and with the purposes of the applicable zone. Planned development permits may be granted by the admin- istrative hearing process, or by the planning commission or city council through a public hearing process. This includes industrial planned development (IPD), residential planned development (RPD) and commercial planned development (CPD). b. Conditional Use Permit (CUP). A conditional use permit is a permit based on a discretionary decision required prior to initiation of particular uses not allowed as a matter of right. Such permits are subject to site plan review and may be conditioned at the time of a hearing. Such permits may be denied on the grounds of unsuitable location, or 375 17.44.010 may be conditioned in order to be approved. Conditional use permits may be granted through a public hearing process by the city council or the planning commission. Except for projects initiated by a city agency or department, applications for city council approved conditional use permits shall first be reviewed by the planning commission. c. Temporary Special Use Permit. The director of community development may authorize, by zone clearance, a use or structure for a temporary period of time (not to exceed ninety (90) days without additional approval of the director of community development) where a delay incident to the normal processing of an application would be detri- mental to the applicant or the public. The director of community development may grant additional ninety (90) day extensions to the temporary special use permit. Tempo- rary use permits shall be considered a discretionary permit and as such may be conditioned so as to not be physically detrimental to the health, safety, life or property of the applicant or the public. Examples of temporary use permits are special events such as Christmas tree sales, promotional parking lot sales, church carnivals, country days and side- walk sales. These permits may be reviewed by other affected agencies prior to approval. The purpose of the review is to determine if such a requested use is in any way a problem as it relates to the adjacent uses. A tempo- rary use permit may be revoked by the approving authority prior to the expiration date based upon information that the conditions have not been complied with, or other justifi- able reason as determined by the approving authority. d. Administrative Permit. An administrative permit is a director of community development approved permit based on a discretionary decision required prior to initiation of a use requiring the permit. Administrative permits are subject to site plan review and may be conditioned in order to assure compliance with the requirements of this title and with the purposes of the applicable zone. At least ten (10) days prior to approval or denial of the permit, the director shall provide a notice by regular mail of the director's intention to approve or deny the permit to sur- rounding property owners within three hundred (300) feet of the property. All notices shall include the identity of the director of community development as the approving authority, a general explanation of the matter to be consid- ered, and a general description, in text or by diagram, of the subject property, a final date in which to send in com- ments and the hearing date. Prior to approval or denial of the administrative permit, a hearing date shall be set by the director of community development. The public may attend the hearing and give testimony. The director's decision is subject to an appeal period which shall end sixteen (16) calendar days after the director's decision is 000173 17.44.030 rendered pursuant to Section 17.44.060, or on the following workday if the sixteenth day falls on a weekend or holiday. 2. Permit Standards. Planned development and condi- tional use permits may only be granted if all billed fees and charges for processing the application request that are due for payment have been paid, and if all of the following standards are met, or if such conditions and limitations, including time limits, as the decision - making authority deems necessary, are imposed to allow the standards to be met. The applicant shall have the burden of proving to the satisfaction of the appropriate decision - making authority that the proposed development: a. Is consistent with the intent and provisions of the city's general plan and this title; b. Is compatible with the character of surrounding development; c. Would not be obnoxious or harmful, or impair the utility of neighboring property or uses; d. Would not be detrimental to the public interest, health, safety, convenience or welfare; and e. If a conditionally permitted use, is compatible with existing and planned land uses in the general area where the development is to be located. f. Is compatible with the scale, visual character and design of the of surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character. 3. Additional Standards for A -E Zone. In addition to the provisions of subsection (A)(2) of this section, before any permit is issued for any land use which requires a conditional use permit in the A -E zone, the following standards shall be met or be capable of being met with appropriate conditions and limitations being placed on the use: a. That the establishment or maintenance of this use will not significantly reduce, restrict or adversely affect agricultural resources or the viability of agricultural opera- tions in the area; b. That structures will be sited to minimize conflicts with agriculture, and that. other uses will not significantly reduce, restrict or adversely affect agricultural activities on -site or in the area, where applicable; and c. That the use will be sited to remove as little land from agricultural production (or potential agricultural production) as possible. 4. Compliance with Other Documents. When necessary to ensure consistency with other city planning documents such as area plans, conditions which are more restrictive than the standards of this title may be imposed on discre- tionary permits. 376 5. Additional Standards for Overlay Zone. In addition to the provisions of subsection (A)(2) of this section, development within any overlay zone having specific development standards, pursuant to Chapter 17.36, must comply with such standards. 6. Additional Standard for Hazardous Waste Facilities, For any proposed development of a hazardous waste facility, the following additional standard must be made or be capable of being made with conditions and limitations being placed on the use: a. That the proposed hazardous waste facility is consis- tent with the portions of the county hazardous waste man- agement plan which identifies specific sites or siting criteria for hazardous waste facilities. B. Other Entitlement. 1. Zoning Clearance. A zoning clearance is a permit which is granted on the basis of a ministerial decision by the director of community development or designee without a hearing. A zoning clearance certifies that a proposed use of land or structures meets all requirements of this title and the applicable conditions of any previously approved permit. a. Applicability of Zoning Clearance. Except as provid- ed in Section 17.20.030, a zoning clearance is required prior to the initiation of uses of land or structures, construc- tion requiring building permits, and the commencement of any activity authorized by a permit or subdivision granted in accordance with the zoning and subdivision ordinances of the city. A zoning clearance shall be issued if the pro- posed use of land or structures: L Is permissible under the present zoning on the land and the city's zoning and subdivision ordinances; ii. Is compatible with the policies and land use designa- tions specified in the general plan; iii. Complies with the applicable terms and conditions any applicable permit or other entitlement; iv. Is not located on the same lot where a violation exists of this title or of the terms of an existing permit covering the lot, unless the zoning clearance is necessary to the abatement of the existing violation; v. Is not being requested by or for the same party that owes the city fees for charges under Section 17.44.0401; vi. Is not located on the same lot where a violation exists of any city ordinance regulating land use, such as the city building code or any grading ordinance; and vii. Is consistent with the portions of the county hazard- ous waste management plan which identifies specific sites or siting criteria for hazardous waste facilities. b. Expiration. Zoning clearances shall expire one hundred eighty (180) days after issuance, unless otherwise indicated on the clearance or unless the use of land or 000IL 74 Assembly Bill No. 2897 CHAPTER 630 An act to amend Section 23958 of, and to add Section 23958.4 to, the Business and Professions Code, relating to alcoholic beverages. [Approved by Governor September 19, 1994. Filed with Secretary of State September 20, 1994.1 LEGISLATIVE COUNSEL'S DIGEST AB 2897, Caldera. Alcoholic beverages: retail licenses: undue concentration. Existing law provides that the Department of Alcoholic Beverage Control may deny an application for a license if the issuance would, among other things, result in or add to an undue concentration of licenses, and the applicant fails to show that public convenience or necessity would be served by the issuance. Existing regulatory law defines "undue concentration" with regard to applications for on -sale and off -sale retail licenses. This bill would instead require the Department of Alcoholic Beverage Control to deny an application if issuance would tend to create a law enforcement problem, or would result in or add to an undue concentration of licenses. The bill would change the definition of undue concentration, and would provide that, notwithstanding the requirement that the department deny an application that would result in or add to an undue concentration of licenses, a license may be issued with respect to a nonretail license, a retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance, and with respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. The people of the State of California do enact as follows: SECTION 1. Section 23958 of the Business and Professions Code is amended to read: 23958. Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the premises for which a - license is applied qualify for a license and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals. The department shall deny an ()()0 T 94 110 Ch. 630 —2— application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4. SEC. 2. Section 23958.4 is added to the Business and Professions Code, to read: 23958.4. (a) For purposes of Section 23958, "undue concentration" means the applicant premises for an original or premises -to- premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. (2) As to on -sale retail license applications, the ratio of on -sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on -sale retail licenses to population in the county in which the applicant premises are located. (3) As to off -sale retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off -sale retail licenses to population in the county in which the applicant premises are located. (b) Notwithstanding Section 23958, the department may issue a license as follows: (1) With respect to a nonretail license, a retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. (c) For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county), that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. 0001.'7'(; 94 140 -3— Ch. 630 (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) "Population within the census tract or census division" means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division. (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following: (A) Off -sale retail licenses: Type 20 (off -sale beer and wine) and Type 21 (off -sale general) . (B) On -sale retail licenses: All retail on -sale licenses, except Type 43 (on -sale beer and wine for train), Type 44 (on -sale beer and wine for fishing party boat), Type 45 (on -sale beer and wine for boat), Type 46 (on -sale beer and wine for airplane), Type 53 (on -sale general for train and sleeping car), Type 54 (on -sale general for boat), Type 55 (on -sale general for airplane), Type 56 (on -sale general for vessels of more than 1,000 tons burden) , and Type 62 (on -sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement) . (6) A "premises to premises transfer" refers to each license being separate and distinct and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure Manual. (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29, 1992, whose premises were destroyed or rendered unusable as a result of the civil disturbances occurring in Los Angeles from April 29 to May 2, 1992, to reopen and operate those licensed premises. (f) This section shall not apply where the premises have been licensed and operated with the same type license within 90 days of the application. 3 94 160