HomeMy WebLinkAboutResolution 96-056 N.C.S. 02/20/1996 .
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' Resolution No. 9fi-Sfi NC.S.
of the City of Petaluma, California
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3 RESCINDING RESOLUTION 95-157 N.C.S. AND ESTABLISHING
a GUIDELINES TO BE UTILIZED IN MAKING DETERMINATIONS OF
5 PUBLIC CONVENIENCE OR NECESSITY PURSUANT TO THE
6 REQUIREMENTS OF '
~ BUSINESS AND PROFESSIONS CODE SECTION 23958.4
a
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to WHEREAS, pursuant to Business and Professions Code Section 23958.4(b)(2),
u the Department of Alcoholic Beverage Control (ABC) may grant certain types of
t2 alcoholic beverage licenses as set forth in said section; and
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t4 WHEREAS, this section precludes the ABC from issuing new licenses within
15 an area identified as experiencing an undue concentration of licensed facilities unless
16 the City Council (as the local governing body of the area in which the applicant's
17 premises are located) determines that the public co8venience or necessity would be
IS served by the issuance of said license; and
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zo WHEREAS, the City Council may delegate the duties of determining whether
21 or not public convenience or necessity are met to a subordinate agency or zoning,
22 planning, or law enforcement official; and
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2a WHEREAS, the City Council adopted Resolution 95-157 N.C.S. which
25 established the procedure by which the ~'ty of Petaluma -will address determinations of
zb public convenience or necessity pursuan~t~ the Business and Professions Code:
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28 WHEREAS, the present procedure does not contain criteria to be employed in
29 making determinations of public convenience or necessity and, the City Council desires
30 to establish formal criteria or guidelines to assist in making more thoughtfiil and
31 consistent determinations.
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33 NOW, THEREFORE, BE IT RESOLVED that the City Council finds that it
34 is necessary to establish guidelines to be utilized in making determinations of public
35 convenience or necessity pursuant to the Business and Professions Code.
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37 BE IT FURTHER RESOLVED that- the City Council hereby concludes that,
3s pursuant to Business and Professions Code Section 23958.4(b)(2) the authority and
39 duty to determine whether or not public convenience or necessity would warrant the
4o issuance of a license notwithstanding adetermination that there is undue concentration
al of licenses as defined in Business and Professions Code section 23958.4(x), shall, from
4z the date of the adoption of this Resolution, by the Planning Commission of the City of
43 Petaluma.
as
as BE IT FURTHER RESOLVED that the City Council hereby rescinds
a6 Resolution 95-157 N.C.S. and finds this action to be exempt from the requirements of
47 the California Environmental Quality Act pursuant to the General Rule and establishes
48 the following Guidelines to be utilized in making determinations of public convenience
a9 or necessity:
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Hcs. Na .......9.&.-..S G........ N.QS.
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1 Determinations of public convenience or necessity shall be made with the
2 following guidelines taken into consideration:
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4 1. Determinations shall be made by the Planning Commission. Actions on
5 determination requests may be appealed to the City Council.
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7 2. Input and recommendation from the Police and Fire Departments should
8 be obtained. This input should cover the activity in the area for a period
9 determined by the Police Chief, to be adequate to show history, or lack
to thereof, of problems in the neighborhood. The Police Chief should also
I I offer a projection regarding the increased burden for Police services which
t2 might be created by the issuance of an additional license;
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14 3. Evidence and/or arguments provided by the applicant addressing the
15 public convenience or necessity that would be served by the additional
16 license;
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18 4. The nature of the proposed use;
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zo 5. The extent to which alcohol sales are related to the function of the
21 proposed use and the possibility of the use operating in a viable fashion
22 without alcohol sales;
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24 6. T'he proximity of the proposed licensed premise to sensitive land uses such
25 as residences, schools, churches, parks, etc. and the effect that existing
26 (and the proposed) licensed premises (may) have on such sensitive land
27 uses:
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29 7. The compatibility or suitability of the proposed use with the uses and/or
30 chv'acter of the surrounding area;
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32 8. Tlie effect that the proposed use may have on the welfare of the area
33 residents;
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'35 9. The public convenience or necessity which would lie served to the
36 community (both immediate and the broader Petaluma area) by the
37 issuance of an additional license;
~ $ resuundu/Ik3
Under the powerand authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
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Council of the City of Petaluma at a (Regular) PAd§dCixdfiSd.'~CE;{~1glXmeeting ~ ~
on the ...20th day of ----~~---Fe(?.Ctlal;y.............................., 199.6..., by the `~L_~
following vote: -
...'j. City Attorney
AYES: Hamilton, Stompe, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss
NOES: Maguire
ABSENT: N ne s
.ATTEST: ..~~<C~~..~C/1~._
City Clerk ~ Mayor
Council. File..-.._............_._
cn io-xa k~s.ma _.96.-5b..__.. v.cs.