01-18-2000 - Code Amendment #291 - Off-Sale & On-Sale Alcohol Uses - General ExemptionId
TO: City Council and City Manager
FROM: Jeffrey W. Collier, Director
Public Services Department
City of West Covina
Memorandum
AGENDA
ITEM NO. A-1
DATE January 18, 2000
SUBJECT: CODE AMENDMENT NO.291 - OFF -SALE AND ON -SALE
ALCOHOL USES
GENERAL EXEMPTION
SUMMARY: This code amendment consists of changes to the zoning regulations to
establish a conditional use permit requirement for off -sale alcohol uses and
establish additional regulations regarding off- and on -sale alcohol uses.
BACKGROUND:
On June 8, 1999, the Planning Commission held a study session to consider options for
amending the Zoning Code with respect to off sale alcohol uses, such as establishing a
conditional use permit requirement and/or adding regulations for such uses. This was in
response to . concerns regarding the number and concentration of off -sale alcohol
establishments within the City, which are currently permitted by right.
Based on the information provided, the Planning Commission directed staff to draft a code
amendment to amend the City's existing off --sale alcohol regulations to: 1) establish a
review process such as a conditional use permit for off: sale alcohol outlets, and 2) establish
more specific standards, conditions and findings for off -sale alcohol outlets.
At the City Council meeting of August 17, 1999, Mayor Pro Tem Melendez requested
that an item be agendized to consider a possible moratorium on new alcohol sales
businesses. This was due to concern over a recent approval of a conditional use permit
granted to the Moose Lodge for on -sale alcohol service in conjunction with their new
facility at 2735 E. Valley Boulevard. The facility was locating next to a church in a
commercial center. The church objected to allowing the alcohol sales component of the
use due to its proximity to the church and because a number of alcohol service
establishments were already located within the center.
On September 7, 1999, the City Council considered adoption of a moratorium on
permitting new alcohol sales uses until amendments could be made .to the Zoning Code
regarding this issue. The Council. elected not to adopt the moratorium; however, the.
Planning Commission was directed to proceed with considering a code amendment
addressing alcohol uses.
DISCUSSION:
On November 9, 1999, the Planning Commission held . a second study session due to
further concerns raised by the City Council.' This allowed for additional input from the
Planning Commission prior to drafting a code amendment which would consider both
off- and on -sale alcohol uses. Several options for a code amendment were discussed.
Based on the Planning Commission's direction, the following changes are now proposed
to the City's zoning regulations regarding on -sale and .off sale alcohol uses:
1. CUP Requirement for Off -Sale Alcohol Uses. With the exception of those
noted below, off -sale alcohol uses, which were previously allowed by right, will
now be required to obtain,a conditional use permit (CUP).
2
AUP Requirement for Larger -Scale Off -Sale Alcohol Uses. In difference to
off -.sale alcohol uses such as liquor stores; Jarger-scale uses that devote only:a
limited portion of their sales area, to alcohol will, be required to obtain an
administrative use permit (AUP) instead of a conditional use permit. Examples of
this would include supermarkets and larger drug stores and variety stores.. The
specific threshold that has been. established for the AUP requirement is at least
Code Amendment No. 0 ;
Off -Sale and On -Sale Alcohol Uses
January 18, 2000 — Page 2
15,000 square feet of total floor area, with no more than 10 percent of the floor
area devoted to alcoholic beverages. Since uses of this nature are less likely to
pose concerns in relation to the sale of alcohol, it was felt that a lesser review
process (i.e. AUP) would be adequate and appropriate.
3. Permit Requirements for Change or Intensification of Existing Alcohol Uses..
Specific code language has been added to require approval of a new or amended
CUP or AUP, as the case may be, for on -sale or off -sale alcohol uses that propose
any of the following:
a. An increase in their gross floor area.
b. A change in the type of Department of Alcoholic Beverage Control (ABC)
license.
C. Issuance of a new or reinstatement of an existing ABC license.
These provisions will allow proper review of any changes proposed to alcohol
uses, including the ability to impose appropriate conditions and restrictions. It
will also provide anopportunity to establish discretionary review and control of
existing nonconforming alcohol uses when they should propose changes to their
operation.
4. Additional Finding Required. One of the most significant concerns with
alcohol uses was the ability to consider their potential impact and, affect on
sensitive land uses, such as schools, churches, day care centers, and residences.
While this was desired, the Planning Commission also wished to be able to
exercise discretionary judgement as to the specific circumstances in which a
proposed alcohol use might be considered to be objectionable.
In order to accommodate this objective, an additional finding has been established
that will allow the Planning Commission (or City Council on appeal) to consider
the operational characteristics of the proposed alcohol use and its proximity to and
potential impact on sensitive land uses as a criterion for approval of a CUP or
AUP.
OPTIONS:
Should the Council elect not to adopt the proposed code amendment, the existing
regulations regarding alcohol uses would continue in effect. This would require a
conditional use permit for on -sale alcohol uses, but would allow off -sale alcohol uses "by
right." The City would therefore forego the additional controls on alcohol uses that the
proposed code amendment would provide.
The City Council may also elect to modify provisions of the proposed code amendment;
however, by State law any modification that was not previously considered by the
Planning Commission must first be referred back to the Commission for its report and
recommendation prior to adoption.
FISCAL IMPACT:
It is not anticipated that .the proposed code amendment would result in any significant
fiscal impacts to the City. The proposed additional regulations on alcohol uses are not
untypical of those required by other cities, and are not expected to affect the likelihood of
such uses being proposed within West Covina.
COMMISSION DISCUSSION AND RECOMMENDATION:
On December 14, 1999, the Planning Commission held a. public hearing regarding this
matter. The Commission concurred with the need to provide_ additional regulations for
alcohol uses and the approach that was proposed by the code amendment and voted 4-0
(one Commissioner absent) to recommend approval of the code amendment. The
Commissiondid;, however, make -one minor change by reducing the threshold for the
\UUPITER\PLANDATA\City Counci1\Sfrptdd\CA291.doc
Code Amendment No.
Off -Sale and On -Sale Alcohol Uses
January 18 2000 — Page 3
AUP requirement for off -sale alcohol uses from a minimum of 20,000 square. feet to
15,000 square feet.
RECOMMENDATION
The Planning Commission and staff recommend that the City Council introduce the
following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26
(ZONING) OF THE WEST. COVINA MUNICIPAL CODE
RELATED TO OFF -SALE AND ON -SALE ALCOHOL USES
(CODE `AMENDMENT NO.291).
Prepared by:
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Doug as A. 4Da4meAICP
Planning Assistant
Reviewed and approved by:
rJ y W. Collier
u is Services Director
Attachments: Draft Ordinance (with changes highlighted)
Draft Ordinance (as proposed)
Planning Commission Reports and Resolution
ORDINANCE NO.,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO OFF -SALE AND ON -
SALE ALCOHOL USES (CODE AMENDMENT NO.291)..
WHEREAS, Code Amendment No. 291 is a City -initiated code amendment related to
off -sale and on -sale alcohol uses; and
WHEREAS, on June 8, 1999, the Planning Commission held a study session related to off -
sale alcohol uses; and
WHEREAS, based on information provided at the study session, the Planning Commission
directed staff to draft a code amendment to establish a discretionary review/approval procedure for
allowing off -sale alcohol uses and to place restrictions on off -sale alcohol uses; and
WHEREAS, on November 9, 1999, the Planning Commission held a second study session
to consider code amendment options for both off -sale and on -sale alcohol uses and based on
discussion of options presented, directed staff to draft a code amendment related to off- and on -sale
alcohol uses; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 14th
day of December, 1999, conduct a duly advertised public hearing as prescribed by law, at which
time -the Planning Commission adopted Resolution No. 12-99-4586, recommending to the City
Council approval of Code Amendment No. 291, and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Division, and other interested parties at a duly advertised public hearing
on the- 18th day of January, 2000; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
l .. The City of West Covina currently does not require a conditional use permit or any other
type of discretionary review for off -sale alcohol uses; however-, a conditional use permit
is required for on -sale alcohol uses.
2. Other cities commonly require approval of a conditional use permit, special findings and
conditions to allow the establishment of both off and on -sale alcohol uses.
3. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to establish
a conditional use permit requirement for off -sale alcohol uses and additional regulations
for both off- and on -sale alcohol uses.
4. A conditional use permit should be required for existing off- and on -sale alcohol sales
uses which change or expand by physically increasing floor area, requesting a change in
type of license or when a license has been suspended or revoked.
5. Large-scale off -sale alcohol uses with floor areas of 15,000 square feet or greater and no
more than 10 percent of their floor area devoted to alcohol sales should only be required
to obtain an administrative use permit in -lieu of a conditional use permit.
6. Consideration of approval of an administrative use permit or conditional use permit
should require a finding, which considers spacing and concentration of alcohol sales uses
and their proximity to sensitive uses.
\\JUPITER\PLANDATA\City Counci1\0rdmsdd\ca291.doc
Ordinance No.
Code Amendment No. 291
Off -Sale and On -Sale Alcohol Uses
January 18, 2000 - Page 2
7: Amending Chapter 26 of -the West Covina Municipal Code to require an administrative.
use permit or conditional use permit for off -sale. alcohol 'uses and establish further
regulations on off- and on -sale alcohol uses will enable the City to evaluate alcohol sales
uses and condition such uses so as to minimize adverse impacts and ensure such uses are
compatible with surrounding uses and are operated in.a responsible manner to ensure the
health, safety and welfare of the community:
8. The proposed action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the -proposed action consists of a code amendment which does not have
the potential for causing a significant effect on the environment.
NOW, THERFORE, the City Council of the. City of West Covina, California, does
hereby ordain as follows:
SECTION NO. 1: Based on the evidence and'the findings set forth, Code Amendment
No. 291 is hereby found to be consistent with the West Covina General Plan and the
implementation, thereof.
SECTION NO. 2: The proposed action is considered to be exempt from the provisions of
the California Environmental Quality Act (CEQA),, pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed, action consists of a code amendment which does not have the
potential for causing a significant effect on the environment.
SECTION'NO. 3: The City Council of the City of West Covina hereby amends Chapter 26
of the West Covina Municipal Code as follows:
Section No. 26-206 (d)(1)(b),shall be amended as follows:
Sec. 26-206: Notices.
(d) (1)b.300 foot noticing radius: Notices shall be mailed to the property owners and
occupants of the subject site. and all properties located within a radius of three hundred
(300) feet of the exterior boundaries of the subject site in the case of applications for the
following purposes: large expansions and maximum unit size exceptions, retaining walls,
aI4 building and roof -mounted wireless. telecommunication antennae facilities; and
guulaifying off -sale alcohol uses:
Section No. 26-597 shall be amended to read as follows:
Sec. 26-597. Service, trade,, cultural, public and private uses (except industrial manufacturing).
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Alcohol large scale off -sale with
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Alcohol off -sale with gross floor
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and/or greater than 10 percent of
floor area devoted to alcoholic
beverages (see art XII, div. 15)
Liquor stores (off-sale)(see art XII,.
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Ordinance No.
Code Amendment No. 291
Off -Sale and:On-Sale Alcohol Uses
January 18, 2000 _ Page 3
Sections 26-685.100 through 26-685.108 shall he amended as follows:
DIVISION 15.ON- AND OFF- SALE ALCOHOL
Sec. 26-685.100. Purpose.
The purpose of this division is to provide.conditions for the establishment of commercial uses that serve
and/or sell alcohol (retail -on-sale and off -sale licenses) and to do so in accordance with certain
requirements designed to ensure compatibility of such services with surrounding,commercial and
residential development, to not create any undue concentration of such licenses, and to not create any
adverse effect on the health and welfare of the community. Nothing here:-;-;-, is; inteffl-Wed- to pr-eempt state
(Ord. No. 1769, § 2,;2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94)
Sec. 26-685.101. Reserved.
Sec. 26-685.102. Definitions.
(a) Bona fide eating place means or is an eating place as defined in Section 23038, of the California
Business and Professions Code.
(b) Major hotel or Major Motel means or is a hotel or motel as defined in section 26-63 of the West
Covina Municipal Code that has a minimum of one hundred (100) rooms or suites, and has
conference rooms, banquet rooms, or ballrooms available for hire by the public.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-685.103. mod-:
Sec. 26-685.104. RFAPMUFA On -Sale Alcohol Uses.
(a) Alcohol service (on -sale licenses) may be established in' conjunction with the following uses,
only in the zones specified in Section 26-597, with the approval of a conditional use permit:
(1) Bona fide eating place as defined in Section 23038 of the, California Business and
Professions Code; or _
(2) Clubs, lodge halls, and similar facilities as defined in Section 23428.9 of the California
Business and Professions Code; or
(3) Main use billiard parlor with a kitchen and dining area as specified in division 8 of this .
article; or
(4) Major motel or a major hotel as defined in this division.
in .... iei Vdivision9 f this 1 apt -.\ .,lo this division speeifieally a it prohibits
e�e�ise:
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94)
Sec. 26-685.105. mod: Change or Intensification of Existing On -Sale or Off -Sale Alcohol Use.
(a) When any of the following is proposed in conjunction with an existing on -sale or -off -sale alcohol
use, additional permit requirements shall apRly as set forth in subsections (b) through (d) below:
An increase in the gross floor area of the use; or
A change in the We of license issued by the State Department of Alcoholic Beverage
Control (ABC); or
The license issued by the State Department of Alcoholic Beverage Control has lapsed
been suspended or revoked, or has otherwise become null and void and application is ,
made for reinstatement of the license or issuance of a new license.
\UUPITER\PLANDATA\City Counci1\Ordinsdd\ca291.doc
r"';. V
Ordinance No.
Code Amendment No. 291
Off -Sale and On -Sale Alcohol Uses
January 18,'2000 - Page 4
For a legal nonconforming use (no existing administrative use permit or conditional use permit)
an administrative use permit or conditional use permit whichever applies to the use as proposed
shall be required, provided that the existing use is permitted -pursuant to Section26-597 All
provisions: of article V of this chapter (Nonconforming Buildings and Uses) shall apply and shall
not be superceded by this section. .
(c) . For a conforming use with a valid administrative use permit . an amendment to the existing
administrative use permit shall be requiredpursuant to procedures set forth in Section 26-271
provided that the proposed change or intensification does not result in an increase in the floor
area devoted to alcohol sales from ten percent or less to greater than ten percent of the total floor
area, in which case a conditional use permit shall be required.
For a conforming use with a valid conditional use permit, an amendment to the existing
conditional use permit shall be required pursuant to the procedures set forth in Section 26-251(a)
(planning commission hearing required).
Sec. 26-685.106. Additional Finding.
Before a new or amended administrative use permit or conditional use permit for an on -sale or off -sale
alcohol use may be granted, the following finding shall be made. For conditional use permits only, such
findings shallbe made in addition to the findings contained in Section 26-247.
That, when considering of the proposed operational characteristics of the use and its
proximity to residences, parks, schools, pre-schools, day care facilities, and churches the
use will not create any undue adverse impacts or otherwise be detrimental to the public
health, safety, and welfare.
Sec. 26-685.10616-685.107. Conditions of approval,of a conditional use.permit for ileAhelie se
on -sale and off -sale alcohol uses.
(a) Review by the .planning department of the operation permitted by the conditional use permit is
required every six (6) months for a period of one (1) year, beginningon the date of the start of
operation of the use, and maybe reviewed once every two (2) years thereafter.
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(eXb) The conditional use permit may be revoked, amended and suspended by the planning
commission under the provisions of section 26-253 of the West Covina Municipal Code.
(4)(c) Weenses All licenses and permits as required by Chapter 14 or ano� ther provision of the West
Covina Municipal Code or applicable law shall be obtained prior to the start of the operation of
the use.
(e)(d) Such other conditions as are deemed necessary by the planning commission to protect the public
health, safety, and general welfare of the community, such as but not mandatory or limited to:
(1) Regulating the hours of operation of the entire business.
(2) Requiring special security measures, including but not limited to security, guards,
additional lighting, burglar alarms, video surveillance.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258,. Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-685.18:7. 26-685.108. Specific conditionsvf approval of a conditional use permit for alcohol
service in conjunction with major hotels and major motels..
(a) The location of the "defined area," shall be the only place in the building for serving alcoholic
beverages.- as shown on -Study Plan "A," shall not be changed .without a revision of this
conditional use permit. The defined area shall be enclosed by walls or theater -type stanchions
and, cordons to the point that entry/exit gpenings are: defined well enough to ,monitor people
going in or, out.
\\JUPITER\PLANDATA\City Council\Ordinsdd\ca291.doc
Ordinance No.
Code Amendment No. 291
Off -Sale and On -Sale Alcohol Uses
January 18, 2060 - Page 5
(b) No person .under twenty-one (21) .years shall be permitted in the defined area at any time. The
-defined area, shall have signs posted to that effect.
(c) Such.other conditions as are deemed by -the planning commission to reasonably relate to the
purpose of this division.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94)
Sees. 26-685.109'� �4'z"26-685.979. Reserved..
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law:
PASSED AND APPROVED on this 18th day of January 2000.
Mayor
ATTEST:
City Clerk
STATE.OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
1, Janet Berry, City Clerk of the City of. West Covina, do hereby certify that the foregoing
Ordinance No. was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 18th day of January 2000. That, thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 1 st day of February
2000.
AYES:
f
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM:
City Attorney
\UUPITER\PLANDATA\City Council\Ordinsdd\ca291.doc
ORDINANCE'NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26. (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO OFF -SALE AND ON -
SALE ALCOHOL USES (CODE AMENDMENT, NO.291).
WHEREAS, Code Amendment No. 291 is a City -initiated code amendment related to
off -sale and on -sale alcohol uses; and
WHEREAS; on'June 8; 1999, the Planning Commission held.a study session related to off -
sale alcohol uses; and
WHEREAS, based on information provided at the study session, the Planning Commission
directed staff to draft a code amendment to establish a discretionary review/approval procedure for
allowing off -sale alcohol uses and to place restrictions on off -.sale alcohol uses; and
WHEREAS, on November 9, 1999, the Planning. Commission held a second study session
to consider code amendment options for both off -sale and on -sale alcohol uses and based on
discussion of options presented, directed staff to draft a code amendment related to off- and on -sale
alcohol uses; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 14th
day of December, 1999, conduct a duly advertised public hearing as prescribed by law, at which
time the Planning Commission adopted Resolution No. 12-99-4586,..recommending to the City
Council approval of Code Amendment No. 291; and
'WHEREAS, the City Council considered evidence `presented by the Planning
Commission, Planning Division, and other interested parties at a duly advertised public hearing
on the 18th day of January, 2000; and
WHEREAS, studies and investigations made by,this Council and in its behalf reveal.the
following facts:
1. The City of West Covina currently does not require a. conditional use permit or any other
type of discretionary review for off sale alcohol uses; however, a. conditional use permit
is required -for on-salealcohol. uses.
2. Other cities commonly require approval 'of a conditional use permit; special findings and
conditions to allow the establishment. of both off and on -sale alcohol uses.
3. Chapter, 26 of the West Covina Municipal Code (Zoning) should be amended to establish
a conditional use:permit requirement for off -sale alcohol uses and additional regulations
for both off- and on -sale alcohol uses.
4. A. conditional use permit should be required for existing off- and on -sale alcohol sales
uses which change or expand by, physically increasing floor, area, requesting a change in
type of license or when a license has been suspended or revoked.
5. Large-scale off -sale alcohol uses with floor areas of 15,000 square feet'or greater and no
more than 10 percent of their floor area devoted to alcohol sales should only be required
to obtain an administrative use permit in -lieu of a conditional use permit.
6: Consideration of approval of an administrative use permit or conditional 'use, permit
should require a finding, which considers' spacing and concentration of alcohol sales uses
and.their proximity to sensitive uses
\\JUPITERTLANDATA\City Co0nci1\0rdinsdd\ca291-2.doc
Ordinance No.
Code Amendment No. 291
Off -Sale and On -Sale Alcohol Uses
January 18, 2000 - Page_2
7: Amending Chapter 26 of the West Covina Municipal Code to require an administrative
use permit or conditionaluse permit for off -sale alcohol uses and establish " further
regulations .on off and on -sale alcohol uses will enable the City to evaluate alcohol sales
uses and condition such, uses so as to minimize adverse impacts and ensure such uses are
compatible with surrounding uses and are operated in a responsible manner to ensure the
health, safety and welfare of the community.
8. The proposed . action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment which does not have
the potential for causing a significant effect on the environment.
NOW, THERFORE-,the • City . Council of the City of West Covina,. California, does
hereby ordain as follows:
SECTION NO. 1: Based on the evidence and the•findings set forth, Code Amendment
No. 291 is hereby found to be consistent • with the West Covina General Plan . and the
implementation thereof
SECTION NO. 2: The proposed action is considered to be exempt from the. provisions of
the California Environmental, Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment which does ,not have the
.potential for causing a significant effect on the environment.
SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 26
of the West Covina Municipal Code as follows:
Section No. 26-206 (d)(1)(b) shall be amended as follows:
Sec. 26-206. Notices.
(d) (1)b.300 foot noticing radius: Notices shall be mailed to the property owners and occupants of the
subject site and all properties located within.a radius of three hundred (300) feet of the
exterior boundaries of the subject site in the case of applications for the following
purposes: large expansions and maximum unit size exceptions, retaining walls, building
and roof -mounted wireless telecommunication antennae facilities, and qualifying off-
-sale alcohol uses.
Section No. 26-597 shall be amended to read as follows:
Sec. 26-597. Service, trade, cultural, public and private uses (except industrial manufacturing).
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Alcohol large scale off -`sale with
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gross floor area of 15,000 square
feet or greater and no greater than 10
percent of floor area devoted to
alcoholic beverages (see art XII, div.
15)
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Alcohol off --sale with gross floor
area of less than 15,000 square feet
and/or greater than 10 percent of
floor area devoted to alcoholic
beverages (see art XII, div. 15) .
Liquor stores (off-sale)(see art XII,
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div. 15)
\\NPITER\PLANDATA\City Council\Ordinsdd\ca291-2.doc
Ordinance No.
Code Amendment No. 291
Off -Sale and On -Sale Alcohol Uses '
January 18, 2060 - Page 3
Sections 26-685.100 through 26-685.108 shall be amended as follows:
DIVISION 15.ON- ANDOFF= SALE ALCOHOL
Sec. 26-685.106. Purpose.
The purpose of this division is to provide conditions for the establishment of commercial uses that serve
and/or sell alcohol (retail on -sale and off -sale licenses) and to do so in accordance with certain
requirements '-designed to ensure compatibility ,of such, services with surrounding commercial and
residential development,. to not create any. undue concentration of such licenses, and to not create any
adverse effect on the health and welfare of the community.
(Ord. No. 1769, § 2,.2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94)
Sec. 26-685.101. Reserved: '
Sec. 26-685.102. Definitions.
(a) Bona fide.eating place means or is an eating. place as defined in Section 23038 of the California
Business and Professions Code.
(b) Major hotel or Major Motel means or is a hotel or motel as defined in section 26-63 of the West
Covina Municipal Code that has a minimum of one hundred (100) rooms or suites, and has
conference rooms, banquet rooms, or ballrooms available for hire by the public.
(Ord. No. 1769, § 2, 2-22-88;'Ord. No. 1933, § 1(Amd. 258, Exh. 1),.4-5-94; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-685103. 4
Sec. 26-685.104. On -Sale Alcohol Uses.
Alcohol service (on -sale, licenses) may be established, in conjunction with the following uses,
only in the zones specified in- Section 26-597, with the approval of a conditional use permit:
(1) Bona fide eating place as defined in Section 23038 of the California Business and
Professions Code; or
(2) ., Clubs, lodge halls, and similar facilities" as defined in Section 23428.9 of the California
Business and _Professions Code; or,
(3) Main use billiard parlor with a kitchen and dining area as specified in division 8 of this .
article; or
(4) Major motel or a major hotel as defined in this division.
(Ord. No. ,1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 475-94)
Sec. 26-685.105. Change or Intensification of Existing'On-Sale or Off -Sale Alcohol Use.
(a) When any of the following is proposed in conjunction with an existing on -sale or off -,sale alcohol
use, additional permit requirements shall apply as set forth in'subsections (b) through (d), below:
(1) An increase in the gross floor area of the use; or
(2) A change in the type of license issued by the State Department of Alcoholic Beverage .
Control (ABC); or
(3) The license issued by the State Departmenf of Alcoholic Beverage Control has lapsed,
been suspended or revoked, or has"otherwise become null and void and application is
made for reinstatement of the license or issuance of anew license.
(b) For a legal nonconforming use (no existing1Administrative use permit, or conditional use permit);
an administrative use permit or conditional;use permit, whichever applies to the use as proposed,
shall be. required, provided that the existing use is permitted pursuant to Section 26-597. All
provisions of article V. of this,chapter (Nonconforming Buildings and Uses) shall apply and.shall
not be superceded by this section. Gr
\UUPITER\PLANDATA\City Counci1\Ordinsdd\ca291-2.doc
Ordinance No.
Code Amendment No. 291
Off -Sale and On -Sale Alcohol Uses
January 18; 2000.Page 4
(c) For a conforming use with a valid administrative use permit, an amendment to "the existing
administrative use permit shall be required pursuant to procedures set forth in Section 26-271,
provided that the proposed change or intensification does,,,not result in an increase in the floor
area devoted to alcohol sales from ten percent or less to greater than ten percent of the total floor
area, in which. case a conditional use permit shall be required.
(d) For a conforming use with a valid conditional use permit, an amendment to 'the existing
conditional use permit shall be required pursuant to the procedures set forth in Section 26-251(a)
(planning commission hearing required).
Sec. 26-685.106. Additional Finding.
Before a new or amended administrative use permit or conditional use permit for an on -sale or off -sale
alcohol use may be granted, the following finding shall be made. For conditional use permits only, such
findings shall be made in addition to the findings contained in Section 26-247."
(1) That, when considering of the proposed operational characteristics of the use and its
proximity to residences, parks, schools, pre-schools, day care facilities, and churches, the
use will not create any undue adverse impacts or otherwise be detrimental to the public
health, safety, and welfare.
Sec. 16-685.107. Conditions of approval of a conditional use permit for on -sale and off -sale alcohol
uses.
(a) Review by the planning department of the operation permitted by the conditional use permit is
required every six (6) months for a period of one (1) year, beginning on the date of the start of
operation of the use, and may be reviewed once every two (2) years thereafter.
(b) The conditional use permit may be revoked, amended and suspended by the planning
commission under the provisions of section 26-253 of the West Covina Municipal Code.
(c) All licenses and permits as required by Chapter 14 or any other provision of the West Covina
Municipal Code or applicable law shall be obtained prior to the start of the operation of the use.
(d) Such other conditions as are deemed necessary by the planning commission to protect the public .
health, safety, and general welfare of the community, such as but not mandatory or limited to:
(1) Regulating the hours of operation of the entire business.
(2) Requiring special. security measures, including but not limited to security guards,
additional lighting, burglar alarms, video surveillance._
(Ord. No. 1'769, § 2, 2=22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99)
Sec. 26=685.108. Specific conditions of approval of a conditional use permit for alcohol service in
conjunction with major hotels and major motels. "
(a) The location, of the "defined area," shall be the only place in .the building for serving alcoholic
beverages, as shown on Study Plan "A," shall not" be changed without a revision of this
conditional use permit. The defined area shall be enclosed by walls or theater -type stanchions
and cordons to the point that entry/exit openings are defined well enough to monitor people
going in or out.
(b) No person under twenty-one (21) years_ shall be permitted in the defined area at any time. The
defined area shall have signs posted to that`effect.
(c) Such other conditions as are deemed by the planning commission to ; reasonably relate to the
purpose of this division.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § I (Amd. 258, Exh. 1), 4-5-94)
Secs. 26-685.109-26-685.979. Reserved.
AGENDA
TO: Planning Commission ITEM NO. B-3
DATE: 12/14/99
FROM: Public Services Department
Planning Division
SUBJECT: CODE AMENDMENT NO.291
OFF -SALE AND ON -SALE ALCOHOL REGULATIONS
SUMMARY: A code amendment to amend Chapter 26 of the West Covina Municipal Code to
establish a conditional use permit requirement for off -sale alcohol uses and establish
additional regulations on off- and on -sale alcohol uses.
BACKGROUND
On June 8, 1999, the Planning Commission held a study session to consider options for amending
the Zoning Code with respect to off -sale alcohol uses, such as establishing a conditional use permit
requirement and/or adding regulations for such uses. This was in response to concerns regarding
the number and concentration of off -sale alcohol establishments within the City, which are
currently permitted by right.
Based on the information provided, the Planning Commission directed staff to draft a code
amendment to amend the City's existing off -sale alcohol regulations to: 1) establish a review
process such as a conditional use permit for off -sale alcohol outlets, and 2) establish more specific
standards, conditions and findings for off -sale alcohol outlets.
At the City Council meeting of August 17, 1999, Councilmember Melendez requested that an
item be agendized to consider a possible moratorium on new alcohol sales businesses. This was
due to concern over a recent approval of a conditional use permit granted to the Moose Lodge for
on -sale alcohol service in conjunction with their new facility at 2735 E. Valley Boulevard. The
facility was locating next to a church in a commercial center. The church objected to allowing
the. alcohol sales component of the use due to its proximity to the church and because a number
of alcohol service establishments were already located within the center.
On September 7, 1999, the. City Council considered adoption of a moratorium on permitting new
alcohol sales uses until amendments could be made to the Zoning Code regarding this issue. The
Council elected not to adopt the moratorium; however the Planning Commission was directed to
proceed with considering a code amendment addressing alcohol uses.
DISCUSSION
On November 9, 1999, a second study session was .presented to the Planning Commission due to
further concerns raised by the City Council. This allowed for additional input from the Planning
Commission prior to drafting a code amendment which would consider both off- and on -sale
alcohol uses. Several options for a code amendment were discussed.
To summarize, the options discussed were as follows:
Options for Application of CUP Requirement to Expanded Uses:
1. Require a conditional use permit for existing alcohol uses that change or expand as
follows:
a. The use physically increases its floor area.
b. The use changes the type of license, from the State Department of Alcoholic Beverage
Control (ABC), such as a market or restaurant licensed to sell beer and wine that
applies for a license to sell hard liquor.
c. The use's ABC license has been suspended or revoked.
ZAPLANC0M\Sfrptdd\CA29 Ldoc
Planning Commission Staff Report
Code Amendment No. 291
December 14, 1999 - Page 2
2. Do not adopt any specific provisions to require a CUP for alcohol uses that change or
expand.
Planning Commission Discussion:
The Planning Commission generally preferred Option No. 1. The Commission, also discussed
the possibility of requiring a conditional use permit for transfer of ownership, however concern
was expressed that this might unduly burden businesses and be difficult to enforce. Additionally,
it was unclear as to whether a conditional use permit for alcohol sales, legally, is required to run
with the land or if it could run with the applicant. Staff confirmed with the City Attorney that the
law requires a CUP to run with the land and not the applicant. In discussions with staff, the City
Attorney has advised against having a CUP run with the owner rather than the land.
Options for Exemption from CUP Requirement for Certain Off -Sale Alcohol Businesses
1. Require a conditional use permit for all off -sale alcohol businesses, regardless of size.
2. Exempt large-scale off -sale alcohol'businesses from a conditional use permit requirement
based on square footage and/or floor area devoted to alcoholic beverages. This could be
defined as business with a floor area of 20,000 square feet or greater with no more than
10 percent of the floor area devoted to alcohol sales and would primarily exempt national
chains such as Vons, Lucky, Ralph's, Rite Aide, Long's and the like.
Planning Commission Discussion:
The Planning Commission generally preferred Option No. 2, however felt that the standard
conditions of approval for an alcohol sales use approved under a conditional use permit also
apply to large-scale off -sale alcohol businesses. It was suggested that an administrative use
permit could be required in -lieu of a conditional use permit, which would still provide some level
of discretion and ability to condition the proposed use.
Options for Spacing and Concentration Requirements
1. Do not adopt any spacing or concentration standards for alcohol businesses.
2. Adopt specific spacing and concentration standards for alcohol businesses (e.g. 300 feet
or 500 feet).
3. Adopt a finding that allows proximity to sensitive land uses and other alcohol businesses
to be considered as a basis for approving or denying CUP's for alcohol businesses.
Planning Commission Discussion.
There was discussion regarding the appropriateness of a finding or findings establishing specified
distance, separation and concentration ratio requirements to consider spacing and concentration
of. alcohol, sales uses and their proximity to sensitive uses.
In some cases, the use of specific distances of separation has been employed.(e:g. 300 feet or 500
feet). Staff, however, advised caution regarding the use of rigid and specific spacing standards.
The primary reason. for this is that the circumstances relating to specific situations can vary
considerably, both in terms of how objectionable an alcohol business may be and the physical
relationship of it to nearby sensitive land uses. In other words, one alcohol business might be
ZAPLANC0M\Sfrptdd\CA291.doc
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s
Planning Commission Staff Report
Code Amendment No. 291
December 14, 1999 - Page 3
considered acceptable within 200 feet of a sensitive use, while another may be considered
inappropriate within 400 feet. Rigid standards would take away a good deal of the discretion that
the Planning Commission could utilize in considering proposed alcohol uses. By not specifying
a particular separation distance, the Planning Commission could consider the nature of the uses
in question and their actual physical relationship to one another. .
While the Planning Commission generally agreed that they did not want a finding that was too
rigid, they felt that a finding considering spacing and concentration of alcohol sales uses and
their proximity to sensitive uses should not be too vague. They felt that such finding should be
refined to include a clear definition of "sensitive" uses.
Special Conditions
The Planning Commission agreed that standard conditions of approval could be applied to both
off- and on -sale alcohol uses as deemed appropriate to circumstances of each use and its
relationship to surrounding uses and potential for adverse impacts on those uses. The conditions
of approval suggested included restrictions on hours of operation, provision of security, lighting
and maintenance.
CONCLUSION
The Planning Commission generally concurred on the following points: (1) a conditional use
permit (CUP) should be required for on -sale and off -sale alcohol businesses; (2) a CUP should
be required for expansion or intensification of existing alcohol sales uses, but not for change in
ownership; (3) large-scale off -sale alcohol businesses (such as supermarkets) with a small area of
the store devoted to alcohol sales should be exempt from a CUP, however be required to obtain
an administrative use permit (AUP) in -lieu of a CUP; and (4) a finding should be adopted that
would allow the City to consider the proximity of alcohol sales uses to sensitive land uses as a
criteria for approving or denying CUP's or AUP's.
Based on direction from the Planning Commission, staff recommends that Chapter 26 of the
West Covina Municipal Code pertaining to off- and on -sale alcohol uses be amended as follows:
Amend Section No. 26-597 to read as follows:
Sec. 26-597. Service, trade, cultural, public and private uses (except industrial manufacturing).
M
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Alcohol off -sale with gross floor
*
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*
X
area of 20,000 square feet or greater
a
a
a
a
a
a
and no greater than 10 percent of
floor area devoted to alcoholic
beverages (see art XII, div. 15)
Alcohol off -sale with gross floor
c
c
c
c
c
c
area of less than 20,000 square feet
and/or greater than 10 percent of
floor area devoted to alcoholic
beverages (see art XII, div. I5)
Liquor stores (off-sale)(see art XII,
div.15)
c
c
c
c
c
c
Z:IPLANCOM\Sfrptdd\CA291.doc
Planning Commission Staff Report
Code Amendment No. 291
December 14, 1999 - Page 4
Amend Sections 26-685.100 through 26-685.108 to read as follows: .
DIVISION 15.ON- AND OFF- SALE ALCOHOL
Sec. 26-685.100. Purpose.
The purpose of this division is to provide conditions for the establishment of commercial uses that serve
and/or sell alcohol (retail on -sale and off -sale licenses) and to do so in accordance with certain
requirements designed to ensure compatibility of such services with surrounding commercial and
residential development, to not create any undue concentration of such licenses, and to not create any
adverse effect on the health and welfare of the community. Nothing heFei iliteaded to + + +
Nothing
la
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94)
Sec. 26-685.101. Reserved.
Sec. 26-685.102: Definitions.
(a) Bona fide eating place means or is an eating place as defined in Section 23038 of the California
Business and Professions Code.
(b) Major hotel or Major Motel means or is a hotel or motel as defined in section 26-63 of the West
Covina Municipal Code that has a minimum of one hundred (100) rooms or suites, and has
conference rooms, banquet rooms, or ballrooms available for hire by the public.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § I(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-685.103. ReseFved.
Sec. 26-685.104. FFeeedHFe. On -Sale Alcohol Uses.
{o} Alcohol service (on -sale licenses) may be established in conjunction with the following uses,
only in the zones specified in Section 26-597, with the approval of a conditional use permit:
(1) Bona fide eating place as defined in Section 23038 of the California Business and
Professions Code; or .
(2) Clubs, lodge halls, and similar facilities as defined in -Section 23428.9 of the California
Business and Professions Code; or .
(3) Main use billiard parlor with a kitchen and dining area as specified in division 8 of this
article; or
(4) Major motel or a major hotel as defined in this division.
1
Ai�i81'�kS@:
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94)
Sec. 26-685.105. l eseFqred: Change or Intensification of Existing On -Sale or Off -Sale Alcohol Use
�aj When any of the following is proposed in coniunction with an existing on -sale or off -sale alcohol
use, additional permit requirements shall apply as set forth in subsections (b) through (d) below•
An increase in the gross floor area of the use; or
A change in the tvpe of license issued by the State Department of Alcoholic Beverage
Control (ABC); or
The license issued by the State Department of Alcoholic Beverage Control has lapsed
been suspended or revoked, or has otherwise become null and void and application is
made for reinstatement of the license or issuance of a new license.
ZAPLANC0M\Sfrptdd\CA291.doc
Planning Commission Staff Report
Code Amendment No. 291
December 14, 1999 - Page 5
For a legal nonconforming use (no existing administrative use permit or conditional use permit
an administrative use permit or conditional use permit whichever applies to the use as proposed
shall be required, provided that the existing use is permitted pursuant to Section 26-597 All
provisions of article V of this chapter (Nonconforming Buildings and Uses) shall apply and shall
not be superceded by this section.
(c) For a conforming use with a valid administrative use permit an amendment to the existin
administrative use permit shall be required pursuant to procedures set forth in Section 26 271
provided that the proposed change or intensification does not result in an increase in the floor
area devoted to alcohol sales from ten percent or less to greater than ten percent of the total floor
area, in which case a conditional use permit shall be required
For a conforming use with a valid conditional use permit an amendment to the existing
conditional use permit shall be required pursuant to the procedures set forth in Section 26-251(a)
(planning commission hearing. required).
Sec. 26-685.106. Additional Finding.
Before a new or amended administrative use permit or conditional use permit for an on -sale or off -sale
alcohol use may be granted, the following_ finding shall be made For conditional use permits only, such
findings shall be made in addition to the findings contained in Section 26-247
LD That, when considering of the proposed operational characteristics of the use and its
proximity to residences, parks, schools, pre-schools, day care facilities and churches the
use will not create any undue adverse impacts or otherwise be detrimental to the public
health, safety, and welfare.
Sec. 26-685.10616-685.107. Conditions of approval of a conditional use permit for alleehelie se
on -sale and off -sale alcohol uses.
(a) Review by the planning department of the operation permitted by the conditional use permit is
required every six (6) months for a period of one (1) year, beginning on the date of the start of
operation of the use, and may be reviewed once every two (2) years thereafter.
(s&Xb) The conditional use permit may be revoked, amended and suspended by the planning
commission under the provisions of section 26-253 of the West Covina Municipal Code.
Wc) Lieeiises All licenses and permits as required iff by Chapter 14 or any other provision of the West
Covina Municipal Code or applicable law shall be obtained prior to the start of the operation of
the use.
(e)(d) Such other conditions as are deemed necessary by the planning commission to protect the public
health, safety, and general welfare of the community, such as but not mandatory or limited to:
(1) Regulating the hours of operation of the entire business.
(2) Requiring special security measures, including but not limited to security guards,
additional lighting, burglar alarms, video surveillance.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94;:Ord. No. 2030, § 4, 4-20-99)
Sec. 26-68-5s107-. 26-685.108. Specific conditions of approval of a conditional use permit for alcohol
service in conjunction with major hotels and major motels.
(a) The location of the "defined area," shall be the only place in the building for serving alcoholic
beverages, as shown on Study Plan "A, shall not be changed without a revision of this
conditional use permit. The defined area shall be enclosed by walls or theater -type stanchions
G
Z:\PLANCOM\Sfrptdd\CA29 Ldoc
Planning Commission Staff Report
Code Amendment No. 29I
December 14, 1999 - Page 6
and cordons to the point that entry/exit openings are defined well enough to monitor people
going in or out.
(b) No person under twenty-one (21) years shall be permitted in the defined area at any time. The
defined area shall have signs posted to that effect.
(c) Such other conditions as are deemed by the planning commission to reasonably relate to the
purpose of this division.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 259, Exh. 1), 4-5-94)
Secs. 26-685.109 26-685.108--26-685.979. Reserved.
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending City Council
approval of Code Amendment No. 291 to amend Chapter 26 of the West Covina Municipal Code
to establish a conditional use permit requirement for off -sale alcohol uses and establish additional
regulations on off- and on -sale alcohol uses.
Dougl A. arnell, A P
Planning Assistant
REVIEWED AND APPROVED:
ZAPLANC0M\Sfrptdd\CA291.doc
P L A N N I N G C O M M I S S I O N
RESOLUTION NO. 12-99-4586
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF CODE AMENDMENT NO.
2919 AN ORDINANCE AMENDING CHAPTER 26 OF THE WEST
COVINA MUNICIPAL CODE RELATED TO OFF -SALE AND ON -
SALE ALCOHOL USES.
WHEREAS, on June 26, 1999, staff presented a' study session to the Planning
Commission to review the City's current off -sale alcohol regulations; and
WHEREAS, based on information provided at the study session, the Planning
Commission directed staff to draft ail code amendment establish a discretionary-
review/approval procedure for allowing off sale alcohol uses and to place restrictions on
off -sale alcohol uses; and `
WHEREAS, at the City Council meeting of August 17, 1999, a councilmember
requested that an item be agendized to consider a possible moratorium on new alcohol sales
businesses due to concern over a recent conditional use permit approval of an on -sale
alcohol use proposed to be located next to a church; and
WHEREAS, on November 9, 1999, the Planning Commission held a second study
session to consider code amendment options for both off- and on -sale alcohol uses and
based on discussions of options presented directed staff to draft a code amendment related
to off- and on -sale alcohol uses; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
14th day of December, 1999, conduct a duly advertised public hearing as prescribed by law;
and
WHEREAS, studies and investigations made by this Commission and in its behalf
reveal the following facts:
1. The City of West Covina currently does not require a conditional use permit or
any other type of discretionary review • for off -sale alcohol uses; however, a
conditional use permit is required for on -sale alcohol uses.
2. Other cities commonly require approval of a conditional use permit, 'special
findings and conditions to allow the establishment of both off and on -sale alcohol
uses.
3. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to
establish a conditional use permit requirement for off -sale alcohol uses and
additional regulations for both off- and on -sale alcohol uses.
4. A conditional use permit should be required for existing off- and on -sale alcohol
sales uses which change or expand "by physically increasing floor area, requesting
a change in type of license or when a license has been suspended or revoked.
5. Large-scale off -sale alcohol uses with floor areas of 15,000 square feet or greater
and no more than 10 percent of their floor area devoted to alcohol sales should
only be required to obtain an administrative use permit in -lieu of a conditional use
permit. E
�J�IV
r
Planning Commission Resle,)n No. 12-99-4586
Code Amendment No. 291
December 14, 1999
Page 2 of 5
6. Consideration of approval . of an administrative, use permit or conditional use
permit should require a finding, which considers spacing and concentration of
alcohol sales uses and their proximity to sensitive uses.
7. Amending Chapter 26 of the West Covina Municipal, Code to require an
administrative use permit or conditional use permit for off -sale alcohol uses and
establish further regulations on off- and on -sale alcohol uses will enable the City
to evaluate alcohol sales uses and condition such uses so as to minimize adverse.
impacts and ensure such uses are compatible with surrounding uses and are
operated in a responsible manner to ensure the health, safety and welfare of the
community.
8. The proposed action is considered to be. exempt from the provisions of the
California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3)
of the CEQA Guidelines, in that the proposed action consists of a code
amendment which does not have the potential for causing a significant effect on
the environment.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the
City of West Covina as follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth,
Code Amendment No. 291 is hereby found to be consistent with the West Covina General
Plan and the implementation thereof.
SECTION NO.2: Based on the evidence presented and the findings set forth, the
Planning Commission of the City of West Covina hereby recommends to the City Council
of the City of West Covina that it approve Code Amendment No. 291 to amend Chapter 26
(Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO.3: The Secretary is instructed to forward a copy of this Resolution
to the City Council for their attention in the manner as prescribed by law.
I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning
Commission of the City of West Covina, at a regular meeting held on the 14th day of
December, 1999, by the following vote:
AYES:
NOES:
ABSENT:
DATE:
Chairman Clayton, Commissioners Solinger, Tafoya, and Warshaw.
None.
Commissioner Tarozzi.
December 14, 1999
lk"
Philip L. Clayton, Chairman
Planning Commission
Douglas WMcIsaac, Secretary
Plannin0ommission
ZAPLANC0M\Resosdd\CA291, ALCOHOL.doc
EXHIBIT A
Section No. 26-206 (d)(1)(b) shall be amended as follows:
Sec. 26-206. Notices.
(d) (1)b.300 foot noticing radius: Notices shall be mailed to the property owners
and occupants of the subject site and all properties located within a radius of
three hundred (300) feet of the exterior boundaries of the subject site in the case
of applications for the following purposes: large expansions and maximum unit
11
size exceptions, retaining walls, aR4 building and roof -mounted wireless
telecommunication antennae facilities, and gulaifying off -sale alcohol uses.
Section No. 26-597 shall be amended to read as follows:
Sec. 26-597. Service, trade, cultural,,:, public and private uses (except industrial
manufacturing).
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Alcohol large scale off -sale with
gross floor area of 15,000 square
a
a.
a
a
a
a
feet or greater and no greater than 10 .
percent of. floor area devoted to
alcoholic beverages (see art XII, div.
15)
c
c
c
c
c
c
Alcohol off -sale with gross floor
I'
area of less than 15,000 square feet
and/or greater than 10 ercent of
D
floor area devoted to alcoholic
beverages (see art XII, div. 151
Liquor stores (off -sale) see art XII
div.15
c
c
c
c
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c
Sections 26-685.100 through 26-685.108 shall be amended as follows:
DIVISION 15.ON- AND OFF- SALE ALCOHOL
Sec. 26-685.100. Purpose.
The purpose of this division is to provide conditions for the establishment of commercial uses
that serve and/or sell alcohol (retail on -sale and off -sale licenses) and to do so in accordance with
certain requirements, designed to ensure compatibility of such services with -surrounding
commercial and residential development, to not create any undue concentration of such licenses,
and to not create any adverse effect on�the health and welfare of the community. 148t13ifg-13eFOiff
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94)
Sec. 26-685.101. Reserved.
Sec. 26-685.102. Definitions. G
(a) Bona fide eating place means or is an eating place as defined in Section 23038 of the
California Business and Professions Code.
(b) Major hotel or Major Motel means or is a hotel or motel as defined in section 26-63 of
the West Covina Municipal Code that has a minimum of one hundred (100) rooms or
suites, and has conference rooms, banquet rooms, or ballrooms available for hire by the
public.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § t (Arad. 258, Exh. 1), 4-5-94; Ord..No. 2030, § 4, 4-20-99)
Sec. 26-685.103. R:
Planning Commission Reso.n No. 12-994586
Code Amendment No. 291
December 14, 1999
Page 4 of 5
Sec. 26-685.104. PFeeedur-ec On -Sale Alcohol Uses.
(a) Alcohol service (on -sale licenses) may be established in conjunction with the following
uses, only in the zones specified in Section 26-597, with the approval of a conditional
use permit:
(1) Bona fide eating place as defined in Section 23038 of the California Business
and Professions Code; or
(2) Clubs, lodge halls, and similar facilities as defined in Section 23428.9 of.the
California Business and Professions Code; or
(3) Main use billiard parlor with a kitchen and dining area as specified in division 8
of this article; or
(4) Major motel or a major hotel as defined in this division.
. .............
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 19331, § 1(Amd. 258, Exh. 1), 4-5-94)
Sec. 26-685.105. ReseFved. Change or Intensification of Existing On -Sale or Off -Sale
Alcohol Use.
(aa,) When any of the following is proposed in coniunction with an existing on -sale or off -
sale alcohol use, additional permit requirements shall apply as set forth in subsections
(b) through (d) below:
An increase in the gross floor area of the use; or
A change in the type of license issued by the State Department of Alcoholic
Beverage Control (ABC), or
The license issued by the State Department of Alcoholic Beverage Control has
lapsed, been suspended or revoked, or has otherwise become null and void and
application is made for reinstatement of the license or issuance of a new license.
Ub) For a legal nonconforming use (no existing administrative use permit or conditional use
permit), an administrative use permit or conditional use permit whichever applies to the
use as proposed, shall be required, provided that the existing use is permitted pursuant to
Section 26-597. All provisions of article V of this chapter (Nonconforming_ Buildings
and Uses) shall apply and shall not be superceded by this section.
(cc,) For a conforming use with a valid administrative use permif, an amendment to the
existing administrative use permit shall be required pursuant to procedures set forth in
Section 26-271, provided that the proposed change or intensification does not result in an
increase in the floor area devoted to alcohol sales from ten percent or less to greater than
ten percent of the total floor area, in which case a conditional use permit shall be
re uired.
(dd,) For a conforming use with a valid conditional use permit, an amendment to the existing
conditional use permit shall be required pursuant to the procedures set forth in Section
26-251(a) (planning commission hearing required).
Sec. 26-685.106. Additional Finding.
Before a new or amended administrative use permit or conditional use permit for an on -sale or
off -sale alcohol use may be granted, the following finding shall be made. For conditional use
permits only, such findings shall be made in addition to the findings contained in Section 26-247.
(1) That, when consideringof f the proposed operational characteristics of the use and
its proximity to residences, parks, schools, pre-schools, day care facilities and
churches, the use will not create any undue adverse impacts or otherwise be
detrimental to the public health, safety, and welfare.
ZAPLANC0M\Resosdd\CA291, ALCOHOL.doc
PlanningCommission Res - -
.rn No. 12 99 4586
Code Amendment No. 291
December 14, 1999
Page 5 of 5
Sec. 26-685.-10616-685.107. Conditions of approval of a conditional use permit for eleehelie
seiee-on-sale and off -sale alcohol uses.
(a) Review by the planning department of the operation permitted by the conditional use
permit is required every six (6) months for a period of one (1) year, beginning on the
date of the start of operation of the use, and may be reviewed once every two (2) years
thereafter.
st
(eXb) The conditional use permit may be revoked, amended and suspended by the planning
commission under the provisions of section 26-253 of the West Covina Municipal Code.
Wc) bieenses All licenses and permits as required ie by Chapter 14 or any other provision of
the West Covina Municipal Code or applicable law shall be obtained prior to the start of
the operation of the use.
(e)(d) Such other conditions as are; deemed necessary by the planning commission to protect
the public health, safety, and general welfare of the community, such as but not
mandatory or limited to:
(1) Regulating the; hours of operation of the entire business.
(2) Requiring special security measures, including but not limited to
security guards, additional lighting, burglar alarms, video surveillance.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-685.10:7 26-685.108. Specific conditions of approval of a conditional use permit for
alcohol service in conjunction with major hotels and major motels.
(a) The location of the "defined area," shall be the only place in the building for serving
alcoholic beverages, as shown on Study Plan "A," shall not be changed without a
revision of this conditional use permit. The defined area shall be enclosed by walls or
theater -type stanchions and cordons to the point that entry/exit openings are defined well
enough to monitor people going in or out.
(b) No person under twenty-one (21) years shall be permitted in the defined area at any time.
The defined area shall have signs posted to that effect.
(c) Such other conditions as are deemed by the planning commission to reasonably relate to
the purpose of this division.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94)
Secs. 26-685.109 26-62-5.1108--26 685.979. Reserved.
ZAPLANC0M\Resosdd\CA291, ALCOHOL.doc
0
0
AGENDA
TO: Planning Commission ITEM NO. C-1
DATE: 11/09/99
FROM: Public Services Department
Planning Division
SUBJECT: STUDY SESSION
OFF -SALE AND ON -SALE ALCOHOL REGULATIONS
SUMMARY: The following is a study session to obtain direction towards a code amendment to
establish additional regulations on off -sale and on -sale alcohol outlets.
BACKGROUND
On June 8, 1999, the Planning Commission held a study session to consider options for amending
the Zoning Code with respect to off -sale alcohol uses, such as establishing a conditional use permit
requirement and/or adding special regulations for such uses. This was in response to concerns
regarding the number and concentration of off -sale alcohol establishments within the City, which
are currently permitted by right.
Based on the - information provided,. the Planning Commission directed staff to draft a code
amendment to amend the City's existing off -sale and on -sale alcohol regulations to: (1) establish a
review process such as a conditional use permit for off -sale alcohol outlets: and (2) establish more
specific standards, conditions and findings for off -sale alcohol outlets.
At the City Council meeting of August 17, 1999, Councilmember Melendez requested that an
item be agendized to consider a possible moratorium on new alcohol sales businesses. 'On
September 7, 1999, the City Council considered the adoption of a moratorium. The Council
elected not to adopt the moratorium; however, they did direct the Planning Commission to
consider a code amendment regarding alcohol uses. Insofar as the issue of on -sale alcohol
businesses has been added for consideration as part of a code amendment, staff is requesting
further input from the Planing Commission in the form of a study session prior to developing a
draft code amendment.
At the June 8 study session, the Planning Commission also requested to be provided with
additional information regarding crime rates as they relates alcohol businesses.
The following crime statistics related to alcohol sales uses throughout the City is provided for
1999. Data was gathered for 30 retail alcohol sales uses randomly selected throughout different
areas within the City. This provides only a sample (approximately 23 percent) of all 128 retail
alcohol sales uses within the City. This number is based, on a June 1999, list of retail alcohol
sales uses within. the City provided by the Department of Alcoholic Beverage Control.
Of the 30 retail alcohol uses selected, the following types of retail alcohol sales uses were
included:
Off -Sale Uses:
Six (6) type 21 off -sale uses (liquor stores). One arrest and no field interviews were
recorded for this use -type sample in 1999.
• Five (5) type 20 off -sale uses (convenience stores, dairies and markets selling beer and
wine only). No arrests and three (3) field interviews were recorded for this use -type
sample in 1999.
ZAPLANCOM\Sfrptdd\otisaleALC - 2nd Study $ession.doc
I
Study Session: Off -Sale and On -Sale Alcohol Businesses
November 9, 1999 - Page 2 1
On -Sale Uses:
• Eight (8) type 47 or combination type 47 & 48 on -sale uses (these included restaurants,
sports bars and a dance club, all uses which have a full range of alcoholic beverages and
serve food.) Four arrests and three field interviews were recorded for this use -type sample
in 1999.
• Two (2) type 40 on -sale uses. No arrests and two (2) field interviews were recorded for
this use -type sample in 1999.
• Three (3) type 51, 52, & 58 on' -sale uses (these included the Elk's Lodge, the V.F.W. and
the American Legion). No arrests and one (1) field interview was recorded for this use -
type sample in 1999.
• Three (3) type 48 on -sale uses!I(these include cocktail lounges with full service bars and
no food service). No arrests and one (1) field interview was recorded for this use -type
sample in 1999. 1 ,
• One (1) type 42 on -sale use. No arrests or field interviews were recorded for this use in
1999.
• Two (2) type 41 on -sale uses. No arrests or field interviews were recorded for this use -
type sample in 1999.
For 1999, there were five alcohol -related arrests for all 30 uses surveyed. These included three
(3) misdemeanor arrests for driving under the influence of alcohol and two (2) arrests for being
drunk in public.
For 1999, there were a total of ten (10) 'alcohol -related calls for service (with no arrests) for all 30
uses surveyed. These included the following' types of field interviews:
a subject drinking and causing a disturbance, subjects drinking and bothering customers,
a subject drinking in a vehicle,. drinking in public, a subject passed out drunk, a boyfriend
and girlfriend fighting over her drinking and a subject suffering from alcohol withdrawal
who'was admitted to Charter Oak Hospital.
It is assumed that this sample data provides a reasonable representation of documented alcohol -
related crime statistics occurring at all ''retail alcohol sales uses within the City. By applying a
ratio of 5 arrests and 10 calls for service in 1999 to 30 uses for the sample to the total number of
uses in the City (128 retail uses), the total number of arrests for all uses in the City would be
approximately 21. The total number of calls for service for all uses within the City would be 43.
It may be difficult to make an definitive' conclusions as to whether the number of arrests and calls
for service is considered to be low, average or high as no information is available to compare
these statistics to the same statistics for other similar Cities. This type of study, would require
extensive research. Additionally, such'a study would only consider documented police calls for
incidences, which occurred on premise of the establishment. Information on undocumented
alcohol related crimes or alcohol -related crimes related to an alcohol purchase at an alcohol sales
use, which occur at another location, are unknown. However, based on the information provided,
one can safely conclude that there does not appear to be an alarming or unusually high number of
arrests or calls for service for alcohol sales uses in the City of West Covina.
ZAPLANCOM\Sfrptdd\offsaleALC - 2nd Study Session.doc
II'
• 0
Study Session: Off -Sale and On -Sale Alcohol Businesses
November 9, 1999 - Page 3
DISCUSSION
Current City Regulations Regarding Alcohol Businesses
The West Covina Municipal Code currently permits off -sale alcohol beverage outlets (businesses,
which sell alcoholic beverages for consumption off premises of the establishment) by right in the
NC, CC, RC, SC, C2, C3 and the M1 Zones. These types of businesses include supermarkets,
small grocery stores, convenience stores, liquor stores, drug stores and drive-thru dairies. These
types of uses may locate within the City by merely obtaining a business license and a liquor license.
As a type of use permitted "by right," the City does not have the ability to exercise discretionary
approval over them or to impose specific conditions on their operation.
In contrast to off -sale alcohol uses, the City currently requires a. conditional use permit (CUP) for
on -sale alcohol uses (businesses that sell alcoholic beverages for consumption on the premises of
the establishment, such as restaurants and cocktail lounges). This does provide the City with
discretionary control and regulation of on -sale alcohol businesses. The Zoning Code, however,
does not include any special findings, standards, or conditions beyond the basic CUP requirements.
Options for Additional Regulations
At the June 8, 1999 study session, the Planning Commission did concur that off -sale alcohol
businesses should be made subject to approval of a conditional use permit the same as on -sale
alcohol businesses. In addition to a CUP requirement, there are other options for regulating
alcohol businesses that may be considered.
Application of CUP Requirement to Expanded Uses
Pursuant to the City's regulations regarding nonconforming uses (Municipal Code Section 26-
182), businesses that legally sold alcoholic beverages (whether off -sale or on -sale) prior to the
institution of a CUP, requirement are allowed to continue to do so without the need to obtain a
CUP (commonly referred to as being "grandfathered"). Without conflicting with this general
provision, the City may, however, institute specific regulations that would invoke a CUP
requirement when an alcohol use changes or intensifies in any of the following manners:
1. The use physically increases its floor area. -
2. use changes the type of license from the State Department of Alcoholic Beverage Control
(ABC), such as a market or restaurant licensed to sell beer and wine that applies for a license
to sell hard liquor.
3. The use's ABC license has been suspended or revoked.
r
Options
1. Require a conditional use permit for existing alcohol uses that change or expand as
referenced above.
2. Do not adopt any specific provisions to require a CUP for alcohol uses that change or
expand.
Exemption from CUP Requirement for Certain Off -Sale Alcohol Businesses
For liquor stores and convenience stores, alcoholic beverages may constitute one of the most.
prevalent items sold. Liquor stores and convenience stores also tend to maintain late operating
hours when the sale and consumption of alcoholic beverages tend to create the most problems.
ZAPLANCOM\Sfrptdd\offsaleALC - 2nd Study Session.doc
Study Session: Off -Sale and On -Sale Alcohol Businesses
November 9, 1999 - Page 4 N
Other businesses such as grocery stores, large drug stores, and discount warehouses (e.g. Costco)
also sell alcoholic beverages, but they constitute a much smaller portion of their overall
merchandise. In addition, persons looking to buy alcohol on an impulse basis and/or for
immediate consumption are less likely to do so at these types of businesses. Consequently, these
larger -scale off -sale alcohol businesses are less likely to pose the same potential for adverse
impacts as might smaller -scale businesses such as liquor stores.
While the Commission has indicated lthat they wish to consider adopting a CUP requirement for
off -sale alcohol businesses, the Commission may also wish to consider an exemption from the
CUP requirement for such large-scale businesses. For example, in Santa Ana off -sale alcohol
sales uses with a floor area of 20,000 square feet or greater are exempt from a conditional use
permit. The exemption could also require that only a limited portion of the floor area be devoted
to alcoholic beverages (e.g. 10 percent). This would exempt national chains such as Vons,
Lucky, Ralphs, Rite Aide, Long's and the like, which by their nature do not offer the level of
convenience and ease of purchasing alcohol as do liquor stores and convenience stores such as 7-
Eleven.
Options
1. Require a conditional use permit for all off -sale alcohol businesses, regardless of size.
2. Exempt large-scale off -sale alcohol businesses from a conditional use permit requirement
based on square footage and/or floor area devoted to alcoholic beverages.
Spacing; and Concentration Requirements
One of the more common mechanisms used by cities to control the number and concentration of
alcohol businesses is to establish spacing requirements. In this way, the proximity of a
prospective alcohol business to uses that might be particularly impacted by them (such as
residences, parks, schools, and churches) could be used as the basis to prohibit or deny the
alcohol business. Similar to this, a standard could also be adopted to prohibit or deny alcohol
uses on the basis of their proximity to other existing alcohol uses. The objective of this type of
regulations would be prevent the concentration of alcohol businesses within a given location.
In some cases, the use of specific distances of separation has been employed (e.g. 300 feet or 500
feet). Staff, however, would advise'caution regarding the use of rigid and specific spacing
standards. The primary reason for this'is that the circumstances relating to specific situations can
vary considerably, both in terms of how objectionable an alcohol business may be and the
physical relationship of it to nearby sensitive land uses. In other words, one alcohol business
might be considered acceptable within 200 feet of a sensitive use, while another may be
considered inappropriate within 400 feet. Rigid standards would take away a good deal of the
discretion that the Planning Commission could utilize in considering proposed alcohol uses.
Another accepted standard would be to consider the proximity of the proposed alcohol business
to sensitive land uses or to other alcohol businesses as one of the criteria to approve or deny a
CUP. This would be done in the form of an additional finding required for alcohol CUP's. By
not specifying a particular separation; distance, the Planning Commission could consider the
nature of the uses in question and their actual physical relationship to one another. As an
example, the Commission may find it ,''acceptable to approve two very close restaurants serving
beer and wine in a controlled setting such as The Plaza at West Covina mall. Conversely, the
Commission may find that a liquor store proposed half a block from a City park to be.
inappropriate.
a
i'
ZAPLANCOM\Sfrptdd\offsaleALC - 2nd Study Session.doc
Study Session: Off -Sale and On -Sale Alcohol Businesses
November 9. 1999 - Page 5
Options
1. Do not adopt any spacing or concentration standards for alcohol businesses.
2. Adopt specific spacing and concentration standards for alcohol businesses (e.g. 300 feet
or 500 feet).
3. Adopt a finding that allows proximity to sensitive land uses and other alcohol businesses
to be considered as a basis for approving or denying CUP'S for alcohol businesses.
Special Conditions
The following conditions of approval could be applied to alcohol uses as deemed appropriate to
circumstances of each use and its relationship to surrounding uses and potential for adverse
impacts on those uses.
• Hours of Operation: The hours of operation could be restricted as deemed appropriate and
reasonable for the use.
• Security: On site security personnel and security devices could be required as deemed
appropriate for the proposed use both inside and outside of the building.
• Preventative Design: Design of the site proposed' for the use could be changed or
conditioned to reduce opportunities for congregating and obstructing public right-of-ways
and neighboring property.
• Lighting: Minimum lighting levels could be required of exterior areas and parking lots to
discourage crime and loitering outside of buildings.
• Maintenance: Minimum maintenance standards could be required to keep sites free of junk,
litter, debris and graffiti.
• Conditions for the protection of persons residing on or using. adjacent properties from noise
illegal activity, odors, and undue light and glare.
RECOMMENDATION
Staff recommends that the Planning Commission direct staff to proceed with a code amendment
to require a conditional use permit for off -sale alcohol uses and establish findings, conditions of
approval and minimum standards applicable to off- ana on -sale alcohol uses in reviewing
conditional use permit application for such uses_
L LCUuLuis r-Laala"U n
REVIEWED AND APPROVED:
r
ZAPLANCOM\Sfrptdd\off'saleALC - 2nd Study Session.doc
a
0
�J
AGENDA
TO: Planning Commission ITEM NO. C-1
DATE: 06/08/99
FROM: Public Services Department
Planning Division
SUBJECT: OFF SALE ALCOHOL STUDY SESSION
SUMMARY: The City currently has no zoning regulations pertaining to off -premise alcohol sales.
The Planning Commission requested that a study session be held regarding this
matter.
BACKGROUND
The City recently became aware of an existing grocery store that had applied to the State
Department of Alcoholic Beverage Control (ABC) for an off -sale liquor license. The business was
located in proximity to two other grocery stores, which already had off -sale liquor licenses. All
three off -sale alcohol establishments are within proximity to single-family residential property.
The Planning Commission expressed a concern regarding this situation and requested that a study
session be held regarding this matter.
DISCUSSION
The purpose of the study session is to evaluate the need to establish zoning regulations regarding
off -sale alcohol sales and provide direction to. staff regarding a possible code amendment. Staff
obtained information from ABC regarding current State regulations and processes for reviewing
and approving off -sale alcohol licenses, a listing of all the retail off -sale alcohol outlets within
the City, including types of licenses issued, types of establishments and location of the
establishments. With this information, conclusions can be made about concentrations of
establishments, proximity to residential uses, schools, churches and parks.
Current City. and ABC Regulations on Off -Sale Alcohol Outlets:
The West Covina Municipal Code currently permits off -sale alcohol beverage outlets, (businesses,
which sell alcoholic beverages for consumption off premises of the establishment) by right in the
NC, CC, RC, SC, C2, C3 and the M1 Zones. These types of businesses include wholesale and
retail outlets. For the purposes of this study, the focus will be on retail off -sale outlets, which
typically include, but are not limited to supermarkets, small grocery stores, convenience stores,
liquor stores, drug stores and dairies. In contrast, the City requires a conditional use permit for on -
sale alcohol outlets (businesses which sell alcoholic beverages for consumption on the premises of
the establishment, such as restaurants, taverns and cocktail lounges).
Beyond designating the zones in which off -sale outlets may be permitted, the code contains no
additional standards or requires any discretionary permits to regulate such uses. Individuals
proposing to establish new off -sale outlets are required to obtain an off -sale license from the
State Department of Alcoholic Beverage Control (ABC). Typically, the ABC will send the City
a zoning affidavit to be signed by a member of the planning staff. The purpose of the affidavit is
to verify whether the proposed location of the license request is in a zone which allows the use
by right, allows the use with a conditional use permit or does not allow the use..
In addition to the procedures mentioned above, the ABC has established a maximum
concentration of establishments permitted within a given census tract based on the most recent
decennial census data.
Pursuant to Section 23817.5.(a) of the State. of California Business and Professions Code, the
number of premises for which an off -sale beer and wine license is issued shall be limited to one
for each 2,500 inhabitants of the city in which the premises is situated. This section also states
that the number of premises for which an off -sale beer and wine license is issued in a city or
\UUPITER\PLANDATA\PLANCOM\Sfrptdd\offsaleALC. doc
Planning Commission Staff Report
Off -Sale Alcohol Study Session
June 8, 1999 - Page 2
county, in combination with the number of premises for which an off -sale general license is
issued in a city and county, shall be limited to one for each 1,250 inhabitants of the city in which
the premises is situated.
A representative from the ABC indicated that the ABC can make a determination that there is an
over concentration of establishments within a given census tract based on the population within
the census tract (currently 1990 census data) and the number of establishments. If a new license
is requested in a census tract where there is or would be an over concentration, a finding of
public convenience and necessity must be made by a representative from the local jurisdiction.
ABC indicated that a notice is sent to local jurisdictions requesting a letter from the jurisdiction
that provides a finding of public convenience and necessity for the proposed outlet. Current
concentrations of active off -sale licenses are provided in the following table:
Off -Sale Alcohol Outlet Concentrations (June 1999)
�� ! 'y ���T"w-^ *a b i SYsi. ��� `4M �'�i Sv+• J}•�' �•S iF 1 � �`
a X
4053 7,596 7 1085.14 6 Over concentration
4055
5,493
1
5493.00
4
4056
4,748
4
1187.00
4
4062
2,881
6
480.17
2
Over concentration
4306
1,024
1
1024.00
1
4063
4,557
2
2278.50
4
4080.01
6,743
4
1685.75
5
4081.31
13,346
2
6673.00
11
4081.01
6,449
3
2149.67
5
4079
2,120
2
1060.00
2
4066.01
4,123
2
2061.50
3
4066.02
3,467
3
1155.67
3
4065
5,834
3.
1944.67
5
4067
8,332
8
1041.50
7
Over concentration
4074
1,464
3
488.00
1 _
Over concentration
4064.11
2,006
0
2
4064.12
2,209
0
2
4064.02
1,999
0
2
4080.02
4,989
0
4
4068
3,829
0
3
4069
1,768
0
1 .
4048
72
0
1
4054
150
0
1
4035
313
0
1
4081.02
574
0IVA
1
The data in the above table shows that four census tracts already exceed the ABC's maximum
allowable concentrations, while others may approach or exceed their, allowed concentrations
with the addition of more off -sale outlets. It is unknown how effectively the ABC enforces their
concentration standards, however if a conditional use permit was required, the City would have
the opportunity to more closely evaluate concentrations and impacts on the community as well as
more discretion in approving off -sale alcohol outlets.
\UUPITER\PLANDATA\PLANCOM\Sfrptdd\offsaleALC.doc
n
Planning Commission Staff Report
Off -Sale Alcohol Study Session
June 8. 1999 - Page 3
Existing Off -Sale Outlets. in West Covina:
The following discussion provides a review and analysis of recent data obtained from the
Department of Alcoholic Beverage Control regarding off -sale alcohol establishments within the
City of West Covina. There are a total of 54 retail off -sale licenses in the City of West Covina
which are categorized as follows:
Type 20 off -sale beer and wine: 18 active licenses
2 licenses surrendered and not in use
Type 21 off -sale general: 33 active licenses
1 license surrendered and not in use
Out of the 33 active Type 21 licenses, 16 are for liquor stores. The remaining 17 licenses
were issued for. small grocery stores, supermarkets and other types of outlets.
The City of West Covina's population was 96,086 based on the 1990 census figures, (now
approximately 106,500). Based on the 1990 census data there is approximately one active off -
sale license for every 1,884 inhabitants within the City. On a citywide basis, this ratio does not
exceed the ABC ratios for over concentration as stated above. It is important however, to
determine if there are areas within the City which have high concentrations of businesses with
off -sale licenses and areas where such businesses are in proximity to residential uses, schools,
parks and churches. Attachment "A" provides a graphic representation of where the off -sale
establishments are located within the City. It also identifies outlets, which have Type 20 licenses
(licenses for the sale of beer and wine only) and Type 21 licenses (general licenses for the sale of
all types of alcoholic beverages).
Most of the off -sale outlets are located along. major commercial corridors, with higher
concentrations along Azusa Avenue between Puente Avenue and Workman Avenue, along Citrus
Avenue at Workman Avenue and the I-10 Freeway, in the Seafood City center at Azusa Avenue
and Amar Road and several scattered locations along Glendora Avenue. Although it appears that
many of the outlets are located in the larger more intense commercial centers, some of the large
centers as well as several smaller centers are also located in proximity to single-family and
multiple -family residential uses.
\UUPITER\PLANDATA\PLANCOM\S frptdd\offsal eALC.doc
Planning Commission Staff Report
Off -Sale Alcohol Study Session
June 8, 1999 - Page 4
Review of Other City Standards:
The following table provides a summary of West Covina's off -sale alcohol regulations in West
Covina and thirteen neighboring cities.
/P*
aldwin Park ICUP
laremont ICUP
Glendora
CUP
La Verne
CUP
In some areas, yes
Newport Beach
CUP
Pasadena
CUP
San Dimas
CUP
San Marino
?
10 p.m. for minimarts
Santa Monica
CUP
10 p.m. for minimarts when within 100 feet of residentially zoned property
South Pasadena
CUP
10 p.m. for all retail in the city.
West Covina
P
Yorba Linda ICUP
P: Permitted by right
P*: Permitted by right depending on proximity to residential uses.
In comparing West Covina's off -sale alcohol regulations to off -sale alcohol regulations in
fourteen other cities, twelve out thirteen cities require conditional use permits as shown in the
table above. In. Arcadia, a conditional use permit may be required if the use is within a specified
distance from residential uses. Otherwise, off -sale alcohol outlets may be permitted by right. It
appears that the common trend in other jurisdictions is to require a conditional use permit.
Locational and operational regulations are often applied in other cities. For instance, in Baldwin
Park a finding must be made determining that the proposed location is sufficiently buffered in
relation to any abutting residentially -zoned properties soas not to adversely affect residential
areas. Some cities have restrictions or standard conditions on:
1) the hours of operation
2) the mode of sale, such as prohibiting drive -up and walk up service
3) preventative design, such as reduction of ppportunities for congregating and
obstructing public right-of-ways and neighboring property
4) requiring minimum lighting levels of exterior areas and parking lots to discourage
loitering outside of buildings
5) requiring on -site security
6) establishing minimum maintenance standards to keep sites to free ,of litter and graffiti
Options:
Based on the information in this report, staff requests direction from the Planning Commission
regarding this matter:
1. Direct staff to draft a code amendment to amend the City's existing off -sale alcohol
regulations as follows:
\UUPiTER\PLANDATA\PLANCO WSfrptdd\offsaleALC.doc
e .
Planning Commission Staff Report
Off -Sale Alcohol Study Session
June 8, 1999 - Page 5
a. Establish a review process such as a conditional use permit for off -sale alcohol
outlets.
b. Establish more specific standards, conditions and findings for off -sale alcohol
outlets.
2. Determine that the current zoning standards are adequate with respect to regulation of off -
sale alcohol establishments.
RECOMMENDATION
Staff recommends that the Planning Commission direct staff to proceed with the one of the
options provided above related to the regulation of off -sale alcohol establishments.
Planning Assistant
REVIEWED AND APPROVED:
Douglas,X. McIsaac
City PY,4ner
WUPITERIPLANDATATLANCOIMSfrptd&offsaleALC.doc
Planning Commission Staff Report
June 8. 1999 - Pase 5
ATTACHMENT A
City of West Covina
Off -Sale Alcohol Outlet Location Map
sate s,F �"ARDiNo ��-
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• Off -sale alcohol outlets with Type 20, beer and wine licenses
Off -sale alcohol outlets with Type 21, general licenses
WUPiTER\PLANDATA\PLANCOM\Sf&ptdd\offsaleALC.doc