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Home My WebLink AboutCC ORD 2003-2236 Adds § 18.130.085, conditional use permits for the sale of alcoholic beverages; amends Ch. 18.71, sale of alcoholic beverages; repeals §§ 18.16.140, 18.16.145 and 18.16.150 (18.71, 18.130)ORDINANCE NO. 2003 — 2236 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 18 (ZONING), CHAPTERS 18.16 AND 18.71, REGARDING THE SALE OF ALCOHOLIC BEVERAGES APPLICANT: CITY INITIATED CASE FILE NO.:A-2003-1 BE IT ORDAINED by the City Council that Title 18 of the National City Municipal Code is amended as follows: Section 1. That Chapter 18.16 is amended by repealing Sections 18.16.140, 18.16.145, and 18.16.150. Section 2. Sections: 18.71.010 18.71.020 18.71.030 18.71.040 18.71.050 18.71.060 18.71.070 That Chapter 18.71 is amended to read as follows: CHAPTER 18.71 SALE OF ALCOHOLIC BEVERAGES AND LIVE ENTERTAINMENT Conditional Use Permit —Required Conditional Use Permit —Additional notice required Community meeting —Required Distance requirements Measure of distance Additional standards for the sale of alcohol at restaurants or public eating places Live entertainment 18.71.010 Conditional Use Permit —Required. A. Conditional Use Permit is required for the sale of alcoholic beverages, whether for on -site or off -site consumption, and may be approved pursuant to Chapter 18.116 of this title and Sections 18.71.020, 18.71.030, 18.71.040, 18.71.050 and 18.71.060. 18.71.020 Conditional Use Permit —Additional notice required. In addition to notice required pursuant to Section 18.130.080, and in accordance with procedures for mailing written notice as contained in Section 18.130.080, written notice for a public hearing on a Conditional Use Permit for the sale of alcoholic beverages shall be provided to owners and occupants of property within a radius of 660 feet of the exterior boundaries of the property where the sale of alcoholic beverages is proposed. 18.71.030 Community meeting —Required. Prior to the public hearing required pursuant to Section 18.71.010, the applicant shall hold a community meeting to inform residents of a proposal for the sale of alcoholic beverages. The applicant shall provide to the Planning Department documentation of the meeting and input received. 18.71.040 Distance requirements. Establishments where alcoholic beverages are sold for on or off -site consumption shall be located as follows: A. Liquor stores, or other businesses where the principal use involves the sale of alcohol for off -site consumption, shall be: 1. A minimum of 660 feet from any public school (Kindergarten through 12th grade) within the boundaries of the City; and 2. A minimum of 500 feet apart. B. Bars and cocktail lounges or other establishments where the sale of alcoholic beverages for on -site consumption is the principal use, shall be: 1. a minimum of 660 feet from any public school (Kindergarten through 12th grade) within the boundaries of the City; and 2. no less than 1,000 feet apart. C. Restaurants where the sale of alcoholic beverages for on -site consumption is accessory or incidental to the principal use shall be a minimum of 660 feet from any public school (Kindergarten through 12th grade) within the boundaries of the City; except that this distance requirement shall not apply to restaurants (other than fast-food restaurants with drive - through service) where at least thirty percent of the floor area of the building is comprised of seating area. D. Private clubs or lodges, bowling alleys, theaters and other establishments where the sale of alcoholic beverages is accessory or incidental to the principal use shall be: 1. a minimum of 660 feet from any public school (Kindergarten through 12th grade) within the boundaries of the City; and 2. no closer than 500 feet apart. This limitation shall not apply to restaurants. E. No minimum distances from schools or other uses are required for grocery stores, convenience stores or other retail establishments involving the sale of alcohol for off -site consumption as an accessory use. 18.71.050 Measure of distance. For the purposes of Section 18.71.040: A. The distance between any two establishments that sell alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural walls of said establishments. B. The distance between any establishment selling alcohol and a school shall be measured in a straight line, disregarding intervening structures, from the closest exterior structural walls of said establishment to the closest property line of the school. 18.71.060 Additional standards for the sale of alcohol at restaurants or public eating places. Restaurants or public eating places shall conform to the following, additional standards: A. Alcoholic beverage sales shall be incidental to food service. B. There shall be no sale of alcoholic beverages after midnight unless otherwise specified by the Conditional Use Permit. The Conditional Use Permit may further restrict the times when alcoholic beverages may be sold. 18.71.070 Live Entertainment. A. Live entertainment shall be limited to a single entertainer performing musical work (piano bars, etc.) except as provided below. B. Additional entertainers, dancing, audience participation, karaoke, or other live entertainment may be authorized by a Conditional Use Permit in zones where live entertainment is permitted. C. Live entertainment specified in subsection B of this section may be permitted by a resolution of approval for a Conditional Use Permit for the sale of alcohol in zones where live entertainment is permitted. 2 Section 3. That Chapter 18.130 is amended by adding Section 18.130.085 to read as follows: 18.130.085 Hearings —Notice —Additional requirement for Conditional Use Permits for the sale of alcoholic beverages. In addition to notice required pursuant to Section 18.130.080, and in accordance with procedures for mailing written notice as contained in Section 18.130.080, written notice for a public hearing on a Conditional Use Permit for the sale of alcoholic beverages shall be provided as specified in chapter 18.71 of this title. Section 4. That the proposed amendment is exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendment is limited to changes that affect the sale of alcohol and entertainment within a permitted establishment. CEQA provides that economic and social changes resulting from a project shall not be treated as significant effects on the environment. The amendment addresses regulations that affect only social aspects associated with development that may occur. Section 5. That the proposed Code amendments are consistent with the General Plan, as the General Plan calls for review of National City's zoning and development ordinances to achieve implementation of General Plan programs and policies. Proposed changes would facilitate the use of the Code as well as the implementation of the General Plan. The distance requirement of 660 feet will be maintained between schools and establishments where alcoholic beverages are sold for on or off -site consumption. Clarification that this distance requirement shall apply only to public schools (K-12), will allow for opportunities for new or expanded uses in the City that may be desirable for revitalizing certain areas, and private revitalization of older commercial areas is a high General Plan priority. The CUP requirement will maintain the potential to deny undesirable proposals or to apply needed conditions, consistent with General Plan policy to carefully review uses which may not be compatible with adjoining neighborhoods and business districts. In addition, maintaining requirements for separation of establishments that sell alcohol from each other, which do not apply to restaurants, will also indirectly limit the number of alcohol -serving uses that could locate in the City. PASSED and ADOPTED this 16THday of DECEMBER 2003. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. riser, III City Attorney 3 Passed and adopted by the Council of the City of National City, California, on December 16, 2003, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Parra. Nays: Councilmembers Natividad, Ungab. Absent: None. Abstain: None. AUTHENTICATED BY.: NICK INZUNZA Mayor of the City of National City, California City lerk City National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on December 2, 2003, and on December 16, 2003. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2003-2236 of the City Council of the City of National City, passed and adopted by the Council of said City on December 16, 2003. City Clerk of the City of National City, California By: Deputy