Loading...
Chapt 21.68-Festivals (1988)CITY COUNCIL MEETING JUNE 21, 1988 Second Reading - Ordinance 1706 - City-initiated text amendment - adding Chapter 21.68 (Beer and Wine Festivals) to the Campbell Second Reading of Ordinance 1706 amends Chapter 21.68 of the Zoning Ordinance for consistency with the recently amended Wine Festival Ordinance. M/S: Doetsch/Kotowski - to approve the Consent Calendar. Motion adopted by the following roll call vote: AYES: Councilmembers: %~atson NOES: Councilm~m%bers: ABSENT: Councilmmmbers: Kotowski, Doetsch, None Ashworth, Podgorsek ORDINANCE NO. ]706 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADDING CHAPTER 21.68 (BEER AND WINE FESTIVALS) TO THE CAMPBELL MUNICIPAL CODE (TA 88-03). The City Council of the City of Campbell does ordain as follows: SECTION ONE: That Chapter 21.68 (Beer and Wine Festivals) to the Campbell Municipal Code is hereby amended as set forth in Exhibit A, attached hereto. SECTION TWO: This Ordinance shall become effective thirty days following its passage and adoption and shall be published once within fifteen days upon passage and adoption in the San Jose Mercury News, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 21st day of roll call vote: June, ]988 , by the following AYES: Councilmembers: Kotowski, Doetsch, Watson NOES: Councilmembers: None ABSENT: Councilmembers: Ashworth, Podgorsek ATTEST: APPROVED: ~ . By:~eanette Watson, Mayor Pro Tem CL~] /,,:', F;r~-'.LT C-'-~ CF THE ORIGINAL L , F',L :FI T:.~ CF2[C5, >' ~FFD: ?',~'' rJ~ C~ S~KY, CITY CLERK, C~YY 0~: C :,'F~ZLL, CALIFCR~v~ EXHIBIT A Proposed Changes to Zoning Code Chapter 21.68 Beer and Wine Festivals Sections: 21.68.010 21.68.020 21.68.030 21.68.040 Beer and Wine Festival Defined Beer or Wine Festival on Public Rights-of-Way Beer or Wine Festivals on Private Property No Bard Liquor 21.68.010 Beer and Wine Festival Defined A Beer or Wine Festival means a fair, exhibition, ceremony, art show, program, celebration or other public assemblage of people for the conduct of a festivity involving the sale and consumption of beer or wine. 21.68.020 Beer or Wine Festival on Public Rights-of-Way (a) No beer or wine festival shall be conducted on any public street, highway, alley, sidewalk, or other public right- of-way, unless a special event permit has been obtained pursuant to Chapter 5.50 of this Code. (b) Notwithstanding any provision of this Title to the contrary, no permit or approval otherwise mandated by this Title shall be required for conducting a Beer or Wine Festival in accordance with a special event permit approved pursuant to Chapter 5.50. 21.68.030 Beer or Wine Festivals on Private Property Notwithstanding any provision of this Title to the contrary, no permit or approval otherwise mandated by this Title shall be required for a Beer or Wine Festival conducted on private property located in a C-1, C-2, C-3 or P-F zoning district if the following conditions are met= (a) The property is not used for a Beer or Wine Festival for more than four (4) days in each calendar year~ (b) All necessary permits are obtained from the Department of Alcoholic Beverage Control. 21.68.040 No Bard Liquor Nothing in this Chapter shall be construed to allow the service of any alcoholic beverage other than beer or wine. CITY COUNCIL MEETING JUNE 7, 1988 Public Hearing - City-initiated text amendment - adding Chapter 21.68 (Beer and Wine Festivals) to the Campbell ~knnicipal Code - TA 88-03 (Ordinance 1706) This is the time and place for a public hearing to consider a City-initiated text amendment to the Campbell Municipal Code to provide clarification under the Zoning Ordinance re service of beer or wine. The Mayor declared the public hearing open. M/S: Watson/Kotowski - to close the public hearing. ~tion adopted unanimously. M/S: Watson/Ashworth - to introduce for first reading Ordinance 1706. ~tion adopted by the following roll call vote: AYES: Counci~rs: Ashworth, Kotowski, Watson, Podgorsek NOES: Councilmembers: None ABSEnt: Counci~rs: Doetsch The City Clerk read the Ordinance title. M/S: Kotowski~Watson - to waive further reading. Motion adopted unanimously. CITY OF CAMPBELL COUNCIL REPORT Meeting Date: Category: Initiating Dept: Title: June 7, 1988 Item # PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES Planning Department Public Hearing - Introduction of Ordinance (1) - City-initiated text amendment adding Chapter 21.68 (Beer and Wine Festivals) to the Campbell Municipal Code - TA 88-03. PLANNING CO~ISSION RECOMMENDATION That the City Council give first reading to the attached Ordinance adding Chapter 21.68 (Beer and wine Festivals) to the Campbell Municipal Code. DISCUSSION At its meeting of May 3, 1988, the City Council gave second reading to an ordinance amending the requirement for Beer and Wine Festivals in the City. The ordinance introduced by the Council amended Title 5 (Business Licenses and Regulations), and clarified certain ambiguities regarding the City's currently adopted Wine Festival Ordinance. The Council also took action to refer the proposed amendments to Title 21 (Zoning) to the Planning Commission for review and recommendation. The proposed text amendment will add Chapter 21.68 to the Zoning Ordinance and will accomplish the following: The amendment would clarify that no zoning approval is necessary for service of beer or wine if the Council has approved such service in connection with a "special event permit" under Chapter 6.50; and me The amendment would permit private properties in C-I, C-2, C-3 or P-F Zoning Districts to conduct Beer or Wine Festivals for up to four (4) days each year. The Planning Commission, at its meeting of May 10, 1988, adopted Resolution No. 2533 recommending approval of TA 88-03, with a vote of 5-0-2 (Commissioners Walker and Dickson being absent). Attachments 1. Ordinance, with Exhibit. 2. Planning Commission minutes of May 10, 1988. I ITY OF ( AMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: c'r'~ CLRRK May 18, 1988 NO~ICE OF HEARING Notice is hereby given that the City Council of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, June 7, 1988, in the City Nmll Council Chambers, 70 N. First St., Campbell, California for public hearing to consider the following proposed projects: 1. TS 88-02 - 660-679 Sweetbriar Dr. - Tentative Subdivision Map - 9 single family lots - Lands of Pipeyard, Inc. - APN 412-35-005 & 023. A Negative Declaration has been prepared. 2. TA 88-03 -City-initiatedtext amendment - adding Chapter 21.68 (Beer and Wine Festivals) to the Campbell Municipal Code. A Negative Declaration has been prepared. 3. TA 88-02 - City-initiated - proposed text amendment to Chapter 21.40 (O-Overlay District) of the Campbell Municipal Code. A Negative Declaration has been prepared. Plans, elevations, legal descriptions, and/or other supporting documentation are on file in the Planning Department, 70 N. First Street, Campbell, California. Interested pers~s may appear and be heard. Please be advised that if you challenge the nature of any of the the above projects in court, you may be limited to raising only those issues you or s~msone else raised at the public hearing described in this Notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. Questions may be addressed to the City Clerk's Office at 866-2116. CITY COUNCIL CITY OF CAMPBELL BARBARA (X~]ASKY CITY ~.~RK MAY 25,~: 1988, CITY LOC~ 8-POINT TYPE EXTRA SECTION RESOLUTION NO. 2533 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF ~ CI~"f OF CAMPBELL RECOMP[ENq)ING APPROVAL OF A TEXT A~M~ TO THE CAMPBELL MI~NICIPAL CODE, ADDING CHAPTER 21.68 (BEER AND WINE FESTIVALS), CITer-INITIATED, TA 88-03. After notification and public hearing as specified by law on proposed amendments to the text of the Campbell Municipal Code, and after presentation by the City Attorney, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, and based upon the following findings, the Commission did determine that there was a significant need to add Chapter 21.68 (Beer and Wine Festivals) to the Campbell Municipal Code. The proposed text amendment will serve to clarify the Council's intent with regard to Beer and wine Festivals. The proposed text amendment establishes specific regulations regarding Beer and Wine Festivals. The Planning Commission does hereby recommend that the City Council adopt the attached Ordinance enacting the necessary legislation to make the proposed text amendment effective. PASSED AND ADOPTED this 10th day of May 1988 by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Kasolas, Stanton, Perrine, Olszewski, Christ None Walker, Dickson. APPROVED: Ronald W. Christ Chairman ATTEST: Arthur A. Kee Secretary PLANNING COMMISSION Mm~TING MAY 10, 1988 TA 88-03 City-initiated Public hearing to consider proposed City- initiated amendment to add Chapter 21.68 (Beer and Wine Festivals) to the Campbell Municipal Code. City Attorney Seligmann reviewed the Staff Report of May 10, 1988, noting that the amendment is to clarify the current Wine Festival Ordinance. Commissioner Olszewski asked if this ordinance controlled where beer and wine sales could be, quantity sold, hours of operation, etc.; and, what process was involved in having a wine & arts festival. Mr. Seligmann indicated that the City Council can place conditions on festivals that take place in the public right of way; however, the Alcoholic Beverage Control Department regulates events on private property. Application is made and reviewed by all departments. The issue then goes to the City Council, who attaches relevant conditions. Commissioner Kasolas noted that it was his understanding that one would not be precluded from serving both beer and wine at any festival. Mr. Seligmann stated that this was correct. Chairman Christ asked about fee for permits; and how this type of situation would differ from flea markets or crafts fairs where no beer or wine is served, noting that he would like to make sure that uses involving alcohol are not receiving special preference. Mr. Seligmann indicated that there is a fee for "special events", and that there are no use permit requirements or fees. The non-alcohol use would still have to have permits; however, the beer and wine use would require an additional permit. Planning Director Kee stated that crafts fairs and flea markets are in a different category than beer and wine festivals. If no alcohol is being served, the use is applied for through the Council for the same type of permit as Christmas trees and pumpkin sales. Chairman Christ opened the public hearing and invited anyone to speak on this item. M/S: Stanton, Perrine - That the public hearing on TA 88-03 be closed. Motion carried unanimously (5-0-2). M/S: Stanton, Olszewski - That the Planning Commission adopt Resolution No. 2533, incorporating findings as indicated in the Staff Report of May 10, 1988, recommending the City Council approve TA 88-03. Motion carried with the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Kasolas, Stanton, Perrine, Olszewski, Christ None Walker, Dickson. ITEM NO. ~ STAFF REPORT - PLANNING COMMISSION MEETING OF MAY 10, 1988 TA 88-03 City-initiated Public hearing to consider proposed City-initiated amendment to add Chapter 21.68 (Beer and Wine Festivals) to the Campbell Municipal Code. STAFF RECOMMENDATION That the Planning Commission adopt a RESOLUTION, incorporating the attached findings, recommending that the City Council APPROVE the proposed text amendment. STAFF DISCUSSION At its meeting of April 19, 1988, the City Council gave first reading to an ordinance amending the requirement for Beer and Wine Festivals in the City. The ordinance introduced by the Council amended Title 5 (Business Licenses and Regulations), and clarified certain ambiguities regarding the City's currently adopted Wine Festival Ordinance. The Council also took action to refer the proposed amendments to Title 21 (Zoning) to the Planning Commission for review and recommendation. The proposed text amendment will add Chapter 21.68 to the Zoning Ordinance and will accomplish the following: The amendment would clarify that no zoning approval is necessary for service of beer or wine if the Council has approved such service in connection with a "special event permit" under Chapter 6.50; and The amendment would permit private properties in C-i, C-2, C-3 or P-F Zoning Districts to conduct Beer or Wine Festivals for up to four (4) days each year. Attached for the Commission's review is a copy of the referral from the City Council, as well as the draft ordinance prepared by the City Attorney. RECOMMENDED FINDINGS~ TA 88-03 CHAPTER 21.68 - BEER & WINE FESTIVALS o The proposed text amendment will serve to clarify the Council's intent with regard to Beer and Wine Festivals. The proposed text amendment establishes specific regulations regarding Beer and wine Festivals. CITY COUNCIL MEETING MAY 3, 1988 Second Reading - Ordinance 1698 - an~ndmmnt to Campbell Municipal Code Section 5.50.080 - #Wine Festival" Second reading ofOrdinance 1698will approve amendments to Chapter 5.50 of the Municipal Code to alleviate ambiguities of the current Wine Festival CITY OF CAMPBELL RE:F£RRAL FORM CITY (Z)LI~CIL/AOVISORY ~ISSION/STAFF TO ~lanninq Commission Citv Council APR 2 2 1988 I~l'r¥ OF CAMPEIE:LL IlaLANNINEt DEFIART, M£NT INSTRUCTIONS FOR USE: OF THIS FORM THIS FORM SHOULD SE UTILIZED WHENEVER A REFERRAL IS MADE FROM ONE ELECTED OR ADVISORY BODY TO THE CITY COUNCIL OR ADVISORY COMMISSION OR CITY MANAGER- THE INFORMATION REGUIED TO.COMPLETE: THIS FORM SHOULD BE PROVIDED BY ~HE INITIATOR AT THE TIME THE REFERRAL IS MADE- THE STAFF ADVISOR*WILL BE RESPONSIBLE FOR COMPLETING' THE' FORM FOR REVIEW AND SIGNATURE BY THE MAYOR OR COII~llSSION CHAIRMAN. PROPOSED CHAN~ES TO ZONING CODE - CHAPTER ~,~ - BEER AND WINE FESTIVALS .~d.,IBJ£CT (a SF~CIFlC ~I. JN~,IARYOF ~ R~FERRAL) Th~ City Council at its reqular meetin~ on A~ril 19r 1988 held a public hearina and introduced for first readinq an ordinance Festivals". The Council recommended that proposed chanqes to the Zoning Code, attached, be referred to the Planning Commission, and scheduled for appropriate public hearinqs. ACT! ON REQU£ST~D E~ INFORMATION ONLY coe. u~ ( ~F ta~CESSARY) REVIEW AND RECOMMEND ACTION RESPCX~E REQUESTED BY TAKE ACTION ..... : 2 1988 (BY WHAT DATE THE ACTION ~ I~I-C(:3MPL£T£D.'.~LIIF NO DATE IS SPECIFIED. THATI:~IX/~mB3tllII~tCf4~Ig. ) DATE: April 20r 1988 sir. ATUR£ ADV,SO.Y Proposed Chan~es to Zonin~ Code Chapter 21.68 Beer and Wine Festivals Sections: 21.68.010 21.68.020 21.68.030 21.68.040 Beer and Wine Festival Defined Beer or Wine Festival on Public Rights-of-Way Beer or Wine Festivals on Private Property No Hard Liquor 21.68.010 Beer and Wine Festival Defined A Beer or Wine Festival means a fair, exhibition, ceremony, art show, program, celebration or other public assemblage of people for the conduct of a festivity involving the sale and consumption of beer or wine. 21.68.020 Beer or Wine Festival on Public Ri~hts-of-Wa~ (a) No beer or wine festival shall be conducted on any public street, highway, alley, sidewalk, or other public right- of-way, unless a special event permit has been obtained pursuant to Chapter 5.50 of this Code. (b) Notwithstanding any provision of this Title to the contrary, no permit or approval otherwise mandated by this Title shall be required for conducting a Beer or Wine Festival in accordance with a special event permit approved pursuant to Chapter 5.50. 21.68.030 Beer or Wine Festivals on Private Property Notwithstanding any provision of this Title to the contrary, no permit or approval otherwise mandated by this Title shall be required for a Beer or Wine Festival conducted on private property located in a C-l, C-2, C-3 or P-F zoning district if the following conditions are met: (a) The property is not used for a Beer or Wine Festival for more than four (4) days in each calendar year; (b) Ail necessary permits are Department of Alcoholic Beverage Control. obtained from the 21.68.040 No Hard Liquor Nothing in this Chapter shall be construed to allow the service of any alcoholic beverage other than beer or wine. COUNCIL MINUTES APRIL 19, 1988 Introduction of Ordinance - amendment to Campbell Municipal Code Section 5.50.080 - "Wine Festival" (Ordinance 1698) City Attorney Seligmann - Staff Sun~ Report dated 4/19/88. M/S: Doetsch/Kotowski - to introduce for first reading Ordinance No. 1698. Motion adopted by the following roll call vote: AYES: Councilm~rs: Doetsch, Watson, NOES: Councilmembers: ABS~f: Councilmembers: Ashworth, Kotowski, Podgorsek ~ne None The City Clerk read the Ordinance title. M/S: Kotowski/Doetsch - to waive further reading, and to refer the Zoning Code amendments affected by this Ordinance to the Planning Co~ssion. Motion adopted unanimously.