Ordinance - 21211\
ORDINANCE NO. 2121
li
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATING TO THE SALE OF
ALCOHOL FOR OFF -SITE CONSUMPTION (Code Amendment No. 04-03)
• WHEREAS, on July 6, 2004, the City Council initiated a code amendment related to the
sale of alcohol for off -site consumption; and
WHEREAS, on August 24, 2004, the Planning Commission conducted a study session
related to alcohol sales for off -site consumption; and
WHEREAS, the Planning Commission, upon giving required notice, did on September
14, 2004, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 04-4963 recommending to the City Council
approval of Code Amendment No. 04-03; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on October 5, 2004; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the following facts:
1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to require
various modifications for businesses that sell alcohol for off -site consumption.
2. The proposed action is considered to be exempt from the provisions of the California
Enviroirmental 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, the City Council of the City of West Covina, California, does hereby
ordain as follows:
SECTION NO.1: Based on the evidence presented and the findings set forth, Code
Amendment No. 04-03 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 City
Council approves Code Amendment No. 04-03 to amend Chapter 26 (Zoning) of the West
Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO. 3: The City Clerk shall certify to the passage of this Ordinance and
shall be published as required by law.
APPROVED AND ADOPTED this 19`h day of October, 2004.
isMayor Michael L. Miller
ATTEST:
City Clerk Janet Berry
Ordinance No. 2121
Code Amendment No. 04-03
October 19, 2004 - Paee 2
I, JANET BERRY, CITY CLERK of the City of West Covina, do hereby certify that the
foregoing Ordinance No. 2121 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 5`h day of October, 2004. That, thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19`h day
of October, 2004.
• AYES: Herfert, Hernandez, Sanderson, Wong, Miller
NOES: None
ABSENT: None
6G.
City Clerk Janet Berry
APPROVED AS TO FORM:
City Attorney Arno Alvarez-Glasman
EXHIBIT "A"
•
Sec. 26-597. Service, trade, cultural, public and private uses (except industrial
manufacturing).
M
M
M
M
P
R
R
F
F
F
F
O
N
R
S
C
C
M
I
A
P
O
A
1
8
1
2
4
P
C
C
C
2
3
1
P
R
B
S
5
0
5
Alcohol off -sale (see art XII, div.
X
X
X
X
X
X
151
Alcohol off -sale, Areas of Undue
a"
a
a
a
a
a
Concentration (see art XII. div.
151
Liquor stores (off-sale)(see art X11,
X
X
X
X
X
X
div. 15
Liquor stores (off -sale), Areas of
a
a
a
a
a
a
Undue Concentration (see art XII.
div. 15
Amend Sections 26-685.100 through 26-685.108 to read as follows:
DIVISION IS. 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. wr,.�m
is intended te preempt state law.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § I(Amd. 258, Exh. 1), 4-5-94)
See.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.
(c) Areas of Undue Concentration is a Census Tract (as defined by the United States
Census Bureau) where an undue concentration in the number of alcohol licenses exists as
determined by the Department of Alcoholic Beverage Control (ABC).
(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. Reserved. Off -Sale Alcohol Uses.
(a) Alcohol sales for off -site consumption may be established as follows:
1) An administrative use permit is reauired for businesses that sell alcohol for off -site
• consumption located in an area defined as an Area of Undue Concentration by the
State Department of Alcoholic Beverage Control (ABC).
(2) No zoning permit is required for businesses that sell alcohol for off -site consumption
which are not located in an area defined as an Area of Undue Concentration by the
State Department of Alcoholic Beverage Control (ABC).
EXHIBIT "A"
Sec. 26-685.104. Proeedure. 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. 1933, § 1(Arod. 258, Exh. 1), 4-5-94)
Sec. 26-685.105. Reserved. 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 (c) below:
(1) Any increase in gross floor area for businesses that sell alcohol for on -site
consumption: or
An increase of 500 square feet or more for businesses that sell alcohol for off -site
consumption: or
(3) 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.
For a legal nonconforming use (no existing conditional use permit), a conditional use
permit 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 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.
(a) Before a new or amended 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, such
finding shall be made in addition to the findings contained in Section 26-247.
That, when considering 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 685406 16-685.107. Conditions of approval of for a'^-'�,n-sale and off -
sale alcohol uses.
(a) Conditional Use Permit Conditions
(1) 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.
EXHIBIT "A"
(e)(2) The conditional use permit may be revoked, amended and suspended by the planning
commission under the provisions of section 267253 of the West Covina Municipal Code.
(d)(3) Lie- e_ All licenses and permits as required i$ 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)(4) 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:
a. Regulating the hours of operation of the entire business.
b. Requiring special security measures, including but not limited to security guards,
additional lighting, burglar alarms, video surveillance.
(5) The Planning Director shall be authorized to send a letter to the State Department
of Alcoholic Beverage Control determining that by virtue of approval of a
conditional use permit that the finding of public convenience and necessity has been
satisfied.
(b) Administrative Use Permit Conditions
(1) The Planning Director shall be authorized to send a letter to the State Department
of Alcoholic Beverage Control determining that by virtue of approval of an
administrative use permit the finding of public convenience and necessity has been
satisfied.
(2) The administrative 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.
(3) 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.
(4) Such other conditions as are deemed necessary by the planning director to protect
the public health, safety, and general welfare of the community, such as but not
mandatory or limited to:
a. Regulating the hours of operation of the entire business.
b. Requiring special security measures, including but not limited to security guards,
additional lighting, burglar alarms, and 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. 26 685.10077. 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 685408-26-685.979. Reserved.