TITLE
Recommendation to request the Planning Commission to review the City's current Zoning Regulations as they relate to existing liquor stores that have Type 21 (Off Sales General) licenses Citywide; to consider the feasibility of implementing performance standards and/or a Conditional Use Permit (CUP) requirement for those stores that currently are not regulated by a CUP or are otherwise not regulated by any current meaningful performance standards; and to recommend possible incentives that could be offered to existing businesses that are willing to immediately accept the imposition appropriate regulations, with a specific request that North Long Beach be established as a pilot study area for the proposed action.
The purpose of this request is to protect and promote the public health, safety, comfort, convenience and general welfare of the community by imposing anti-nuisance related operating conditions on existing Type 21 establishments that currently have legal nonconforming use status in the City.
DISCUSSION
There are approximately 180 Type 21 liquor outlets in the City which are purveyors of beer, wine and distilled spirits for off-site consumption. Many of these establishments were opened at a time when the City did not impose any meaningful regulatory conditions on their operation. Although any new Type 21 liquor outlet does require the issuance of a CUP in order to operate, the majority of the current outlets existed before the CUP requirement was put in place.
The City has experienced many negative secondary effects directly related to the number of unregulated liquor outlets in the City. Those secondary effects include, but are not limited to, public drunkenness, harassment, and criminal activities-such as loitering, gambling, prostitution, and drug dealing, all of which can contribute to an environment of social disorder and a perception of blight in and around the unregulated liquor stores. At the community level, these stores can act as magnets for crime and violence and expose residents to all manner of potential harm if they are not properly regulated. Aesthetics
A Conditional Use Permit or the imposition of meaningful development or performance standards may be helpful in eliminating or reducing the negative operating characteristics of certain Type 21 liquor outlets, and will serve to ensure public safety and compatibility with the community. The Planning Commission is in the best position to provide a suitable recommendation to the Council as to an appropriate regulatory framework for these existing legal non-conforming uses.
Since imposing a new CUP requirement may also require an amortization period of up to eighteen (18) months or more, it is requested that the Planning Commission explore offering an incentive (such as a reduced fee or expedited review process) for those establishments that are willing to become involved in the CUP or development standards imposition process at an early stage in the proceedings.
FISCAL IMPACT
There is no significant fiscal impact to the general fund.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
COUNCILMEMBER STEVEN NEAL
NINTH DISTRICT
COUNCILMAN AL AUSTIN
EIGHTH DISTIRCT