Ordinance - 2313ORDINANCE N O. 2 3 1 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA CALIFORNIA APPROVING CODE
AMENDMENT NO. 14-04, RELATED TO THE
INSTRUCTIONAL TASTING OF ALCOHOLIC
BEVERAGES AT OFF -SALE RETAIL LICENSED
BUSINESSES
WHEREAS, on the 23rd day of September, 2014, the Planning Commission initiated a
code amendment to establish standards for instructional tasting of alcoholic beverages
WHEREAS, the Planning Commission held a study session on the 121h day of July,
2016; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 20 day of
January, 2017, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 17-5845 recommending to the City Council approval
of Code Amendment No. 14-04; 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 the 21" day of February, 2017; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal
the following facts:
1. The Municipal Code does not currently address instructional tasting of alcoholic
beverages at retail businesses licensed for the off -sale of alcohol.
2. Due to the absence of standards for the instructional tasting of alcoholic beverages,
the City is aware that such a license has been granted as a condition of approval for
an administrative use permit. It is necessary to develop standards where instructional
tasting of alcoholic beverages may be appropriate in designated zones.
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 City Council of the City of West Covina as
follows:
Ordinance No.
Code Amendment No. 14-04
March 7, 2017 - Page 2
SECTION NO. 1: The above recitals are true and correct and are incorporated
herein as if set forth herein in full.
SECTION NO.2: Based on the evidence presented and the findings set forth, Code
Amendment No. 14-04 is hereby found to be consistent with the West Covina General
Plan and the implementation thereof and that the public necessity, convenience, general
welfare, and good zoning practices require Code Amendment No. 14-04.
SECTION NO.3: 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 approves Code Amendment No. 14-04 to
amend Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on
Exhibit "A."
SECTION NO. 4: The City Council finds that adoption of this Ordinance is
exempt because it can be seen with certainty that there is no possibility that Code
Amendment No. 14-04 will have a significant effect on the environment (CEQA
Guidelines section 15061(b)(3)).
SECTION NO. 5: Any provision of the West Covina Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION NO. 6: Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on
any other provision of this Ordinance or the application of this Ordinance to any other
person or circumstance and, to that end, the provisions hereof are severable. The City
Council of the City of West Covina declares that it would have adopted all the
provisions of this Ordinance that remain valid if any provisions of this Ordinance are
declared invalid.
SECTION NO. 7: The City Clerk shall certify to the passage and adoption of
this ordinance, causing it to be posted or published as required by law and it shall be
effective thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED on this 7 h day of March, 2017.
dw'ev tr) a"a�)
Corey)Warshaw
Mayor
Ordinance No.
Code Amendment No. 14-04
March 7, 2017 - Page 3
APPROVED AS TO FORM:
berly HaTl Barlow
City Attorney
ATTEST:
r3�
?iekolas,-S.LeN��
City Clerk"''
I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby
certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the 21" day of February, 2017. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 7 h day of
March, 2017, by the following vote:
AYES:
Johnson, Spence, Toma, Wu, Warshaw
NOES:
None
ABSENT:
None
ABSTAIN:
None -
Nickolas S. L-e_
City Clerk ;
Ordinance No.
Code Amendment No. 14-04
March 7, 2017 - Page 4
EXHIBIT A
Chapter 26 - Zoning
Article XII — Special Regulations for Unique Uses
Division 15 — On -Sale Alcohol Licenses
CHAPTER 26 ZONING
SECTION 1. Section 26-597 of Article VI of Chapter 26 of the West Covina Municipal Code,
Notices, is amended to read as follows:
M
M
M
M
Non-residential Uses
R
R
F
F
F
F
O
N
R
S
C
C
M
I
P
O
A
l
8
15
20
45
P
C
C
C
2
3
1
P
B
S
Aircraft landing facilities:
Emergency
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Nonemergency
c
c
c
c
c
c
c
c—
c
Alcohol off -sale (see art.
x
x
x
x
x
x
—
XII, div. 15)
Alcohol off -sale,
c
c
c
c
c
c
instructional tasting (see
art. XII div. 15)
Alcohol off -sale, areas of
a
a
a
a
a
a
—
undue concentration (see
art. XII, div. 15)
Alcohol on -sale (see art.
c
c
c
c
c
c
XII, div. 15; for nonprofit
clubs and country clubs, see
separate headings)
Alcoholic treatment
c
c
c
c
c
c
—
institutions
Ambulance service
c
c
c
c
c
c
c—
SECTION 1. Section 26-685.102 of Article VI of Chapter 26 of the West Covina Municipal
Code, Notices, is amended to read as follows:
(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.
Ordinance No.
Code Amendment No. 14-04
March 7, 2017 - Page 5
(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).
(d) Instructional Tasting is the tasting of alcoholic beverages (beer, wine, and distilled
spirits) as authorized to be sold from the off -sale premises, on a limited basis.
(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; Ord. No. 2121, § 2, 10-19-04; Ord. No. 2204, § 3(Exh. A), 2-16-10)
SECTION 2. Section 26-685.103.5 of Article VI of Chapter 26 of the West Covina Municipal
Code, Notices, is amended to read as follows:
Sec. 26-685.103.5. — On -Site Instructional Tasting Events
On -site instructional tasting events at for off -sale premises may be established as follows:
(1) A conditional use permit is required for businesses which offer Instructional
Tasting events.
(2) Conditional use permits for Instructional Tasting may only be granted to
businesses with an active off -sale liquor license from the department of alcoholic
beverage control (ABC).
SECTION 3. Section 26-685.109 of Article VI of Chapter 26 of the West Covina Municipal
Code, Notices, is amended to read as follows:
Sec. 26-685.109. — Specific conditions of approval of a conditional use permit for
instructional tasting of alcoholic beverages.
(a) Instructional tasting shall comply with California State Law and all regulations of
the department of alcoholic beverage control (ABC).
(b) The floor area devoted to instructional tasting events shall be limited to 500 square
feet or 15% of total floor area, whichever is less.
(c) An instructional tasting event shall be limited to a single type of alcoholic beverage.
"Type of alcoholic beverage" shall mean distilled spirits, wine, or beer.
d) A single tasting of distilled spirits shall not exceed one-fourth of one ounce and a
single tasting of wine shall not exceed one ounce. No more than three tastings of
distilled spirits or wine shall be provided to any person on any day. The tasting of
beer is limited to eight ounces of beer per person per day. The wine, beer, or
distilled spirits tasted shall be limited to the products that are authorized to be sold
by the holder of the type 86 license under its requisite off -sale license.
Ordinance No.
Code Amendment No. 14-04
March 7, 2017 - Page 6
(e) The Planning Commission may limit the number of tasting events as a condition of
approval.
Chapter 26 - Zoning
Article XV — Downtown Code
Part 4, Section 3.1a: Permitted Land Uses
SECTION 3. Table 4.3.1 of Article XV of Chapter 26 of the West Covina Municipal Code,
Downtown Code, is amended to read as follows:
T5-UC
T4-GU
T4-UN
Retail Stores and
shops engaged in the
sale of goods and
merchandise
P
P
X
Alcohol off -sale,
areas of undue
concentration
AUP
AUP
X
Alcohol off -sale,
CUP
CUP
X
instructional tasting
(see art. XII, div. 15)
Postal Services
AR
AR
X