Alhambra

City Council

April 08, 2024 Item #6

Agenda Item 6

6. RESOLUTION AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR AS\nAPPROVING OFFICER FOR DETERMINATIONS OF PUBLIC CONVENIENCE OR\nNECESSITY FOR THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL –\nF2M24-16, R2M24-11\nThe State Department of Alcoholic Beverage Control (ABC) is responsible for\nadministering licenses for the sale of alcoholic beverages. Pursuant to Section 23958 of\nthe California Business and Professions Code, ABC shall deny an application for a license\nif issuance would result in or add to an undue concentration of licenses. Currently, the\nAlhambra Planning Commission is designated to make Public Convenience or Necessity\n(PCN) determinations regarding ABC license applications where undue concentration\nexists. The PCN finding is typically included as part of the Planning Commission\nResolution approving any entitlement applications, such as a Conditional Use Permit,\nrequired for the ABC license. The adopted Planning Commission resolution is then\nprovided to ABC as the City’s formal PCN determination. With the recent adoption of the\ncomprehensive Zoning Code update, certain ABC licenses, including Type 20 and 21 off-\nsale licenses, will no longer require Conditional Use Permits and therefore, would no\nlonger require review by the Planning Commission. Consistent with the changes adopted\nas part of the Zoning Code update, staff is recommending the City Council delegate to the\nCommunity Development Director the authority to make PCN determinations for ABC\nlicenses, and delegate to the Community Development Director the authority to issue PCN\nletters after a determination is made.\nRecommended Action: City Council adopt Resolution No. R2M24-11 entitled: A\nResolution of the City Council of the City of Alhambra, California, designating the\nCommunity Development Director as the authority for determining Public Convenience or\nNecessity for the Department of Alcoholic Beverage Control, and authorizing the\nCommunity Development Director to issue Letters of Public Convenience or Necessity\nafter a determination is made