Ordinance - 2320ORDINANCE NO. 2320
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 16-07,
RELATED TO OFF -SALE ALCOHOL USES
WHEREAS, on the I' day of November, 2016, the City Council initiated a code amendment
to evaluate standards relating to the requirement of discretionary approval for off -sale alcohol uses;
and
WHEREAS, the Planning Commission held a study session on the 11t' day of April, 2017;
Q:J
WHEREAS, the Planning Commission, upon giving required notice, did on the 13t' day of
June, 2017, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 17-5871 recommending to the City Council approval
of Code Amendment No. 16-07; 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 15d' day of August, 2017; and
WHEREAS, studies and investigations made by the Planning Commission and on its behalf
reveal the following facts:
1. The Municipal Code currently does not require discretionary review for off -sale alcohol
uses, except in areas defined as undue concentration. In West Covina areas of undue
concentration include both Plaza West Covina and Eastland. If a proposed off -sale ABC
use is proposed in an area that is not defined as undue concentration, the business is
allowed by right.
2. Many cities require discretionary review for off -sale alcohol service such as a conditional
use permit (CUP). Currently the City requires the approval of an administrative use
permit (AUP) for both off -sale (undue concentration) and for on -sale alcohol service
(restaurants). An AUP requires notification and can be approved by the Planning
Director. A CUP requires notification and a public hearing before the Planning
Commission. Some cities also include separation requirements such as providing a
required separation from sensitive uses like schools, daycares or religious facilities.
3. 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.
Ordinance No. 2320
Code Amendment No. 16-07
September 5, 2107 - Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
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. 16-07 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. 16-07.
SECTION NO.3: The City Council hereby finds that the proposed Code Amendment No. 16-07
is 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.4: Based on the evidence presented and the findings set forth, the City Council
of the City of West Covina hereby approves Code Amendment No. 16-07 to amend Chapter 26
(Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO. 5: 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 5 h day of September, 2017.
APPROVED AS TO FORM:
Kimberly Hafl Barlow
City Attorney
Corey Warshaw
Mayor
ATTEST:
Nickolas S. Lewis
City Clerk
Ordinance No. 2320
Code Amendment No. 16-07
September 5, 2107 - Page 3
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 15t' day of August, 2017. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 5d' day of
September, 2017, by the following vote:
AYES:
Johnson, Toma, Spence
NOES:
None
ABSENT:
Wu, Warshaw
ABSTAIN:
None
Nickolas S. A. is
City Clerk
Ordinance No. 2320
Code Amendment No. 16-07
September 5, 2107 - Page 4
Exhibit A
CHAPTER 26 ZONING
Chapter 26 — Zoning
Article XI. Nonresidential Uses
Sec. 26-597 — Sen4ee, trade, eultui-al, publie, and ^ ^te-uses. Land Uses (except industrial
or manufacturing uses).
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Aircraft
Landing
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off -sale
(see art.
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15)
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Ordinance No. 2320
Code Amendment No. 16-07
September 5, 2107 - Page 5
Alcohol
on -sale
(see art.
XII, div.
15; for
nonprofit
clubs and
country
clubs, see
separate
headings)
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Chapter 26 — Zoning
Article XII. Special Regulations
DIVISION 15. On sale Adeohol Lieenses Alcoholic Beverage Service
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.
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.
Ordinance No. 2320
Code Amendment No. 16-07
September 5, 2107 - Page 6
(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).
Sec. 26-685.103. - Off -sale alcohol uses.
An administrative use permit is required in specified commercial and manufacturingzones
ones
for any business that sells alcohol for off -site consumption.
Sec. 26-685.104. - On -sale alcohol uses —Conditional use permit.
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) Clubs, lodge halls, and similar facilities as defined in Section 23428.9 of the California
Business and Professions Code; or
(2) Main use billiard parlor with a kitchen and dining area as specified in division 8 of this
article; or
(3) Major motel or a major hotel as defined in this division.
Sec. 26-685.104.5. - On -sale alcohol use —Administrative use permit.
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 an administrative use
permit:
(1) Bona fide eating place as defined in Section 23038 of the California Business and
Professions Code.
Sec. 26-685.105. - Change or intensification of existing on -sale or off -sale alcohol use.
Ordinance No. 2320
Code Amendment No. 16-07
September 5, 2107 - Page 7
(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 and off -
site consumption; or
(2) A change in the type of license issued by the state department of alcoholic beverage
control (ABC
(3) 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.
(b) For a legal nonconforming use (no existing administrative use permit or conditional use
permit), an administrative 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 superseded by this
section.
(c) For a conforming use with a valid administrative use permit, an amendment to the existing
administrative use permit shall be required pursuant to the procedures set forth in section
16-271 (a). For a nonconforming 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.
The granting of a new or amended conditional use permit or administrative use permit for an
on -sale or off -sale alcohol use shall require the following finding in addition to the findings
contained in section 26-247 and 26-270:
(a) The proposed operational characteristics of the use and its proximity to residences,
parks, schools, preschools, day care facilities, ands religious facilities, the use
will not create any undue adverse impacts on those uses or otherwise be detrimental to
the public health, safety, and welfare.
Sec. 26-685.107. - Conditions of approval for on -sale and off -sale alcoholic uses.
Ordinance No. 2320
Code Amendment No. 16-07
September 5, 2107 - Page 8
(a) Conditional Use Permit Conditions
(1) 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.
(2) 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.
(3) 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.
(4) 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 or 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 or ai+d necessity has
been satisfied.
(2) The administrative use permit may be revoked, amended and suspended by the
planning commission under the provisions of section 26-273 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.
Ordinance No. 2320
Code Amendment No. 16-07
September 5, 2107 - Page 9
b. Requiring special security measures, including but not limited to security
guards, additional lighting, burglar alarms, and video surveillance.
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.
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
P
P
X
merchandise
Alcohol off -sale;
areas,.r, n„a
see art.
AUP
AUP
X
XII, div. 15)
Alcohol off -sale,
instructional tasting
CUP
CUP
X
(see art. XII, div. 15)
Postal Services
AR
AR
X