Irvine Municipal Code Ch. 2-24 Public Convenience or Necessity Determination Procedure

The number of alcoholic beverage licenses allowed by the State Department of Alcoholic Beverage Control (ABC) is based on the population within a census tract. The Public Convenience or Necessity Determination procedure provides applicants intending to secure a license from the State Department of Alcoholic Beverage Control (ABC) a process to operate in the City of Irvine when particular census tracts have an overconcentration of licenses.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A Public Convenience or Necessity Determination is required when the State Department of Alcoholic Beverage Control (ABC) finds that there are more than the maximum allowed number of on- or off-sale licenses, causing an oversaturation in a particular census tract.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A. Persons eligible. The property owner or authorized agent of the property owner is eligible for requesting a Public Convenience or Necessity Determination.

B. The information requested below is required at the time a Public Convenience or Necessity Determination application is submitted to the Community Development Department:

1. A complete development case application signed by the property owner or its authorized representative.

2. A deposit or fee as set forth by ordinance or resolution of the City Council.

3. Floor plan.

4. A letter of justification describing the proposed request and explaining how it will satisfy the findings in Section 2-24-6 of this Chapter.

5. Information required for public meetings and hearings, as determined by the Director of Community Development (see Chapter 2-23).

6. Department of ABC Application.

7. Other information as required by the Director of Community Development.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

The Zoning Administrator shall be the approval body for a Public Convenience or Necessity Determination. However, at the Zoning Administrator's discretion, an application may be forwarded to the Planning Commission for review and action. In addition, a member of the Planning Commission may call up for review and action, prior to posting of the public notice, by the Commission prior to a Zoning Administrator decision, a Public Convenience or Necessity Determination application.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

The Zoning Administrator shall hold at least one public hearing in accordance with Chapter 2-23, and shall by resolution approve, deny, or approve in modified form the Public Convenience or Necessity Determination request, based on the findings in Section 2-24-6 below.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

In order for the approval body to approve a Public Convenience or Necessity Determination, the approval body shall find that:

A. The Public Safety Department reviewed the project and concludes that it is not anticipated that sales of alcoholic beverages will result in an excessive number of calls for police service.

B. The use of an alcoholic beverage license at the proposed location will not adversely affect the public health and safety.

C. The sale of alcoholic beverages in conjunction with this use at this location is appropriate given that the use is consistent with the permitted sale of alcoholic beverages at similar locations within the City and/or adjacent jurisdictions. If the sale of alcoholic beverages is for a land use that does not exist within the City or adjacent jurisdictions, the proposed land use will be compatible with existing and future uses to the extent those uses are known.

D. The alcoholic beverage control license will allow for the convenient sale and purchase of alcoholic beverages for on- and/or off-site consumption to customers.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A. A decision of the Zoning Administrator with respect to a Public Convenience or Necessity Determination application may be appealed to the Planning Commission within 15 calendar days of the date of the decision in accordance with Chapter 2-5.

B. A decision of the Planning Commission with respect to a Public Convenience or Necessity Determination application may be appealed to the City Council within 15 calendar days of the date of the decision in accordance with Chapter 2-5.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A. A Public Convenience or Necessity Determination shall become effective 15 calendar days after the date of the decision, unless an appeal is filed pursuant to Chapter 2-5. If appealed and then approved by the Planning Commission or City Council, the Public Convenience or Necessity Determination shall become effective on the date of Planning Commission or City Council approval action. See Chapters 2-5 and 2-23 for further information.

B. A Public Convenience or Necessity Determination shall expire and become void three years following the effective date of final approval unless:

1. A building permit is issued for the site and construction is commenced and diligently pursued toward completion; or

2. A permit is issued authorizing occupancy of the site or structure; or

3. The site is occupied if no building permit or certificate of occupancy is required.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

Failure to comply with any Public Convenience or Necessity Determination condition is a violation of this Zoning Ordinance subject to the enforcement and revocation procedures as prescribed and set forth in Chapter 2-10. Any Public Convenience or Necessity Determination may be revoked upon failure to comply with any of the conditions or terms of approval or if any law or ordinance is violated in connection with the Public Convenience or Necessity Determination approval.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)

An existing legally established alcohol outlet that was approved prior to the effective date of this ordinance shall be permitted to continue, subject to the provisions of Chapter 3-19 (Nonconforming Uses and Structures), provided it is maintained and operated in accord with the conditions imposed at the time of its establishment (if any) and continues to hold a valid license from ABC.

(Ord. No. 23-13, § 3(Exh. A), 7-11-23)