2011/12/13 City Council Ordinance 841ORDINANCE NO. 841
AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING SECTIONS
8.34.040 ( "APPLICATION FOR USE PERMIT- -FORM AND CONTENT ") AND 8.34.060
( "ACTION ON APPLICATION FOR A USE PERMIT ") OF CHAPTER 8.34 ( "USE
PERMITS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS ") AND
REPEALING SECTION 17.07.020(R) OF THE ROHNERT PARK MUNICIPAL CODE
WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 780, adding
Chapter 8.34, Use Permits for Alcoholic Beverage Establishments, to the Rohnert Park
Municipal Code (RPMC);
WHEREAS, RPMC Chapter 8.34 requires each owner or licensee of an alcohol
establishment to secure a use permit to lawfully engage in the sale of alcoholic beverages in the
City;
WHEREAS, RPMC Sections 8.34.040 and 8.34.060 prohibit off -sale alcohol
establishments from conducting business within 1,000 feet of any existing schools, places of
worship, hospitals, parks, playgrounds or other alcoholic beverage establishments of 11,000
square feet or less in size;
WHEREAS, the 1,000 -foot restriction set forth in Chapter 8.34 conflicts with RPMC
Section 17.07.020, which prohibits alcohol licensed establishments from operating within 500
feet of the above - mentioned locations;
WHEREAS, the current 1,000 -foot restriction may also restrict off -sale alcohol
establishments from occupying vacant commercial property, which could have an effect on
economic growth; and
WHEREAS, granting the Director of Public Safety and /or his designee the latitude to
approve or deny permits based on particular consideration of the peace, order and moral welfare
of the public will be beneficial during the permit application review process.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
SECTION 1. Subsection D of Section 8.24.040 of the Rohnert Park Municipal Code is
amended to read as follows:
"For off -sale establishments eleven thousand square feet or less in size, a verification that
the establishment is not located within five hundred feet of any existing schools, places of
worship, hospitals, parks, playgrounds or other off -sale alcoholic beverage establishments of
eleven thousand square feet or less in size; and"
SECTION 2. 8.24.060 of the Rohnert Park Municipal Code is amended in its entirety to read as
follows:
"8.34.060 - Action on application for a use permit.
The director of public safety will consider each complete application for a use permit
required by this chapter within thirty business days of submittal, and may consider the following
prior to making a decision whether to issue the permit.
A. The proposed alcoholic beverage establishment is located in a zoning district in
which the establishment is a permitted use;
B. The proposed establishment will not contribute to an undue concentration of
alcohol establishments in the area as defined by Business and Professions Code
Section 23958.4(a) or is an establishment for whom the city has made a finding of
public convenience or necessity;
C. The proposed off -sale establishment is eleven thousand square feet or less in size
and is not located within five hundred feet of any existing schools, hospitals,
parks, playgrounds or other off -sale alcoholic beverage establishments of eleven
thousand square feet or less in size;
D. The proposed on -sale establishment with either ABC license type 40, 42 or 48
(bars, nightclubs), a verification that the establishment is not located within one
thousand feet of any existing schools, places of worship, hospitals, parks,
playgrounds or other alcoholic beverage establishment with ABC license type 40,
42 or 48;
E. The proposed establishment is not located in a high -crime area as defined in
Business and Professions Code Section 23958.5(a), or where a disproportionate
number of police service calls occur."
SECTION 3: Subsection R of section 17.07.020 of the Rohnert Park Municipal Code is hereby
repealed. All other subsections of section 17.07.020 shall retain their existing lettering.
SECTION 4: Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more of the sections subsections, sentences, clauses or
phrases may be declared unconstitutional.
SECTION 5: Effective Date. This ordinance shall be in full force and effective thirty (30) days
from and after its adoption and shall be published and posted as required by law.
This ordinance was introduced on the 22nd day of November, 2011, and was DULY AND
REGULARLY ADOPTED this 130-day of December , 2011, by the following roll call vote:
AYES: (Five) Councilmembers Mackenzie, Ahanotu, Stafford, Belforte, Callinan
NOES: (None)
ABSENT: (None)
ABSTAIN: (None)
2
CITY OF ROHNERT PARK
APPROVED AS TO FORM:
kp k-,
City Attorney
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
) ss
County of Sonoma )
Carol Adams, under penalty of perjury, deposes and says:
That she is, and during all times herein mentioned was, the duly acting and qualified Interim
City Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 20 day
of December, 2011, she posted as required by law full, true, and correct copies of
ORDINANCE NO. 841, "AMENDING SECTIONS 8.34.040 ( "APPLICATION FOR USE
PERMIT- -FORM AND CONTENT ") AND 8.34.060 ( "ACTION ON APPLICATION FOR
A USE PERMIT ") OF CHAPTER 8.34 ( "USE PERMITS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS ") AND REPEALING SECTION 17.07.020(R) OF THE ROHNERT
PARK MUNICIPAL CODE" in the following places:
City Hall
130 Avram Avenue
Public Safety Department
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Library
6250 Lynne Conde Way
www.rpeity.org for website posting
Interim City Clerk
Subscribed and sworn to before me
this 20t1i day of December, 2011.
r.;
�
Deputy City Clerk
WOrdinances \Ordinances 201 l \Affidavits of Posting \Affidavit of Posting 841.doex
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Ordinance No. 841
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,
deposes and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen
years and a resident of said county and was at all said times the principal clerk of the printer and publisher of The
Community VOICE, a newspaper of general circulation, published in the City of Rohnert Park, in said County of
Sonoma, State of California; that The Community VOICE is and was at all times herein mentioned, a newspaper of
general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of
general circulation having been established by Court Decree No. 35815 of the Superior Court of the State of California,
in and for the County of Sonoma, Department No. I thereof, and as provided by said Section 6000, is published for the
dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list
of paying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular
class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes,
professions, trades, callings, races or denominations; that at all said times said newspaper has been established and
published in the said City of Rohnert Park, in said County and State at regular intervals for more than one year preceding
the first publication of this notice herein mentioned; that said notice was set in type not smaller than non - pareil and was
preceded with words printed in black face type no smaller than non - pareil, describing and expressing in general terms,
the purport and character of the notice intended to be given; that the "City of Rohnert Park Ordinance No. 841" of which
the annexed is a printed copy, was published in said newspaper at least _1_ consecutive time(s), commencing on the
_23_ day of December, and ending on the _23_ day of December, 2011.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 23 day of December, 2011 at Rohnert Park, California
Signed
Rose Shah Chief Clerk
I ORDINANCE NO.
t
AN ORDINANCE OFTHE CITY OF ROHNERT PARK AMENDING SECTIONS
8.34.040 ( "APPLICATION FOP USE PERMIT -FORM AND CONTENT ") AND
8.34.060 ( "ACTION ON t "PLICATION FOR A USE PERMIT ") OF
CHAPTER 8.34 ( "USE PERMITS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS ") AND
REPEALING tECTION 17.07.020(R) OF THE ROHNERT PARK MUNICIPAL CODE
WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 780, adding Chapter 8.34, Use Permits
for Alcoholic Beverage Establishments, to the Rohnert Park Municipal Code (RPMC);
WHEREAS, RPMC Chapter 8.34 requires each owner or licensee of an alcohol establishment to secure a
use permit to lawfully engage in the sale of alcoholic beverages in the City;
WHEREAS, RPMC Sections 8.34.040 and 8.34.060 prohibit off -sale alcohol establishments from conducting"
business within 1;000 feet of any existing' schools, places of worship, hospitals, parks; playgrounds or
other alcoholic beverage establishments of 11,000 square feet or less in size;
WHEREAS, the 1,000 -foot restriction set forth in Chapter 8.34 conflicts with RPMC Section 17.07.020;; which
prohibits alcohol licensed establishments from operating within 500 feet of the above - mentioned locations;
WHEREAS, the current 1,000 -foot restriction may also restrict off -sale alcohol establishments from
occupying vacant commercial property, which could have an effect on economic growth; and
WKEREAS, granting the Director of Public Safety and /or his designee the latitude to approve or deny
permits based on particular consideration of the peace, order and moral welfare of the public will be
beneficial during the permit application review process.
NUJ THEREFORE, the City Council of the City of Rohnert Park does ordain as follows:
SECTION 1. Subsection D of Section 8.24.040 of the Rohnert Park Municipal Code is amended to read as follows:
i
"For off -sale establishments eleven thousand square feet or less in size, a verification that the
establishment is not located within five hundred feet of any existing schools; places of worship, hospitals,
parks, playgrounds or other off-sale alcoholic beverage establishments of eleven thousand square feet or
less in size; and"
SECTION 2.8.24.060 of the Rohnert Park Municipal Code is amended in its entirety to read as follows:
i
"8.34.060 - Action on application for a use permit.
The director of public safety will consider each complete! application for a use permit required by this
chapter within thirty business days of submittal, and may consider the following prior to making a decision
whether to issue the permit.
A. The proposed' alcoholic' beverage establishment is located in a zoning district in which the
establishment is apermitted use;
i
B. The proposed establishment will not contribute to an undue concentration of alcohol
establishments in the area as defined by Business and Professions Code Section 23958.4(a) or is
an establishment for whom the city' has made a finding of public convenience or necessity;
C. The proposed off -sale establishment' is eleven thousand square feet or less in size and is not
i located within five hundred feet of any existing schools, hospitals, parks, playgrounds or other
s' off =sale alcoholic beverage establishments of eleven thousand square feet or loss in size;
!� D. The proposed on -sale establishment with either ABC license type 40,42 or 48 (bars, nightclubs), a
I verification that the establishment is not located within one thousand feet of any existing schools,'
places of worship, hospitals, parks, playgrounds or other alcoholic beverage establishment with
ABC license type 40, 42 or 48;
E. The proposed establishment is not located in a high -crime area as defined in Business and
Professions Code Section 23958.5(a), or where aidisproportionate number of police
service calls occur"
v
SECTION 3: Subsection R of section 17.07.020 of the Rohnert Park Municipal Code is hereby repealed. All other
subsections of section 17.07.020 shall retain their existing lettering.
aeW uvn 4. aeverauuny. h anysecuon, suoseccioh, sentence, clause or phrase or ims Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.The City
Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause
or phrase thereof, irrespective of the fact that any one or more of the sections subsections, sentences, clauses or ;I
phrases may be declared unconstitutional.
SECTION 5: Effective Date. Thisi ordinance shall be in full force and effective thirtv (30) days from and after its
loptionand shall be published and posted as required by law.
its ordinance was introduced on the 22nd day of November, 2011; and was DULY
is 13th; day of December, 2011, by the following roll call vote:
(ES:
Five (5) Council Members Ahanotu, Caliinan;
)ES::
None (0)
3SENTi
None (0)
3STAIN:
None (0)
TEST.
Carrie Willis, Deputy City Clerk
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