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HomeMy WebLinkAboutOrd 1997-2705ORDINANCE NO. 2705 AN ORDINANCE OF THE CITY OF CHULA VISTA CREATING AND ADDING CHAPTER 5.09 TO THE MUNICIPAL CODE FOR THE PURPOSE OF PROVIDING A PERMANENT PROCESS FOR DETERMINATION OF PUE~LIC CONVENIENCE OR NECESSITY FOR CERTAIN ALCOHOLIC BEVERAGE LICENSES WHEREAS, the City Council has established a process for the processing of requests for the determination of public convenience or necessity for certain types of alcoholic beverage licenses; and WHEREAS, a duly verified application for a Municipal Code text amendment was initiated with the Planning Department of the City of Chula Vista on July 19, 1994 by the City of Chula Vista; and WHEREAS, said application requests approval of an addition to the Municipal Code to provide a process for determining public convenience and necessity relating to certain alcoholic beverage licenses; and WHEREAS, the Environmental Review Coordinator has determined that this proposal is exempt from environmental review under CEQA as a 15061 (b)(3) (General Rule) exemption; and WHEREAS, the City Clerk set the time and place for a hearing on said amendments to the Municipal Code, and notice of said hearing together with its purpose was given by its publication in a newspaper of general circulation in the City at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely March 18, 1997, in the Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: SECTION h That the public necessity, convenience, general welfare, and good zoning practice justify the amendments, and that the amendments are consistent with the City of Chula Vista General Plan. SECTION Ih That Chapter 5 of the Chula Vista Municipal Code is amended to read as follows: Ordinance 2705 Page 2 Sections: Chapter 5.09 ALCOHOLIC BEVERAGE LICENSES 5.09.010 5.09.020 5.09.030 5.09.040 5.09.050 5.09.060 Determination of public convenience or necessity - Purpose and intent Determination of public convenience or necessity - Application - Fee Determination of public convenience or necessity - Procedure - Notice required Determination of public convenience or necessity - Criteria for consideration Determination of public convenience or necessity - Appeals Determination of public convenience or necessity - Appeals - City clerk duties 5.09.010 Determination of public convenience or necessity - Purpose and intent State law requires that applicants for certain types of alcoholic beverage licenses obtain from local jurisdictions a determination that public convenience or necessity is served by the issuance of said license if the subject premises is not located in an area which has an over concentration of alcoholic beverage licenses and/or a higher than average crime rate as defined in Section 23958.4 of the Business and Professions Code. Where the State Department of Alcoholic Beverage Control requires a determination of public convenience or necessity, the chief of police is authorized to consider and approve, disapprove, or modify applications for this determination. 5.09.020 Determination of public convenience or necessity - Application - Fee Applications for a determination of public convenience or necessity shall be made to the chief of police in writing on a form prescribed by the chief of police and shall be accompanied by data sufficient to describe the proposed operations for which the alcoholic beverage license and the determination of public convenience or necessity is required. The application shall be accompanied by a deposit as presently designated, or as may in the future be amended, in the master fee schedule. 5.09,030 Determination of public convenience or necessity - Procedure - Notice required The chief of police shall post (or shall require the applicant to post) a notice of the application on the premises which is the subject of the application. The chief of police shall further provide notice of the public hearing by mailing to property owners of record and residents within 500 feet of the site which is the subject of the application. Ordinance 2705 Page 3 5.09.040 Determination of public convenience or necessity - Criteria for consideration Upon the conclusion of the public hearing, the chief of police may make a determination that public convenience or necessity is or is not served by the issuance of an alcoholic beverage license. The chief of police may condition a determination of public convenience or necessity. This decision may be based upon, but not limited to, the following factors: A. History of the subject business and/or owner. Be Existing conditions at the site or in the vicinity (e.g. potential for creation of a police problem or aggravation of an existing problem). C. The crime rate within the vicinity of the application. 5.09.050 Determination of public convenience or necessity - Appeals The applicant or other interested party may appeal the decision of the chief of police to the city council within ten days after said decision is filed with the city clerk. Said appeal shall be in writing and filed with the city clerk upon forms provided by the police department, and shall specify the reasons the appellant believes there was an error in the decision of the chief of police. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until a determination is made by the city council. 5.09,060 Determination of public convenience or necessity - Appeals - City clerk duties Upon the filing of the appeal, the city clerk shall set the matter for public hearing, giving the same notice as required in Section 5.09.030. The city clerk shall send the chief of police a duplicate copy of the appeal and request the chief of police to transmit to the city council a copy of his decision and findings, minutes of any hearings, and all other evidence, maps, papers, and exhibits upon which the chief of police made his decision. Upon the hearing of such appeal, the city council may, by resolution, affirm, reverse, or modify in whole or in part any determination of the chief of police. Not later than ten days following the adoption of said resolution, the city clerk shall transmit a copy of the resolution and findings to the chief of police and shall mail a copy to the applicant. Presented by Robert A. Leiter Director of Planning Approved as to form by M. Kaheny ,// y Attorney Ordinance 2705 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of March, 1997, by the following vote: AYES: NAYS: ABSENT: Councilmembers: Councilmembers: Councilmembers: Moot, Padilia, Rindone, Salas, and Horton None None ABSTAIN: Councilmembers: None ATTEST: S~orton, Mayor~ ~uthel(~2~t, City Cl~"'z"~%r~k~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2705 had its first reading at a regular meeting held on the 18th day of March, 1997 and its second reading and adoption at a regular meeting of said City Council held on the 25th day of March, 1997. Executed this 25th day of March, 1997. ~Auth;let, City Clerk'