TITLE
Adopt resolution limiting implementation of the ordinance to specified areas of the City in North Long Beach; and
Accept the Categorical Exemption CE 13-13. (Citywide)
DISCUSSION
In July 2012, the City Council directed the Planning Commission to review current zoning regulations as they relate to existing liquor stores with Type 21 (beer, wine and distilled spirits for off premises consumption) licenses; consider the feasibility of implementing performance standards and/or a Conditional Use Permit (CUP) requirement for those stores without such regulations; consider possible incentives that could be offered to existing businesses that are willing to immediately accept the imposition of appropriate regulations; and establish a pilot study area in North Long Beach for initial implementation of the Ordinance.
On May 16, 2013, the Planning Commission unanimously voted to recommend approval of amending the Zoning Code by adding Chapter 21.57 related to Alcohol Nuisance Abatement.
Currently, liquor stores are allowed in commercial zoning districts subject to the issuance of a CUP. The CUP process allows the City to review each liquor store application on an individual basis and attach necessary conditions of approval for the store to address operational concerns associated with the use, and ensure compatibility with surrounding uses. Additionally, the CUP process is the only mechanism available to the City to regulate the sale of alcohol. However, the CUP provision for liquor stores was not adopted until 1988. Therefore, establishments in existence prior to 1988 are permitted to operate as a legal nonconforming "grandfathered" use, without specific conditions regarding the location or use. This lack of operating or performance standards may increase the likelihood that nuisance activity occurs and limits the City's ability to address nuisance issues.
Staff has researched various models and best practices across the country and throughout California in collaboration with the Police Department, City Attorney's Office, residents, and business and property owners to develop the Alcohol Nuisance Abatement Ordinance (ANAO). Unlike the traditional CUP process, the ANAO cannot regulate the sale of alcohol. Any Ordinance adopted and implemented by the City regulating a legal nonconforming or "grandfathered" liquor store cannot restrict the types or quantities of alcohol sold or other alcohol-related issues. Therefore, the ANAO focuses on performance standards that are intended to minimize or eliminate the negative impact of the use on the community.
The framework of the proposed ANAO is composed of the following core objectives:
§ The ANAO eliminates the legal nonconforming status of existing liquor store activities and automatically grants these activities "deemed approved" status, contingent on compliance with performance standards set forth in the ANAO.
§ The proposed performance standards are intended to reduce or eliminate nuisance behavior through reasonable and meaningful operating and aesthetics standards.
§ Non-compliance may result in the addition or modification of performance standards or revocation of deemed approved status.
§ Revocation will not necessarily or immediately result in the loss of a business license; rather, the business would be required to obtain a CUP in order to sell alcohol.
Owners of deemed approved liquor stores must fully comply with the proposed performance standards within ninety (90) days of the effective date of the ANAO. Staff intends to work with business and/or property owners impacted by the Ordinance to ensure that full compliance is achieved. Additionally, staff will work with business and/or property owners to provide information about possible incentive opportunities offered by the City to assist in the implementation of the ANAO, such as the existing Façade Rebate Program in eligible Community Development Block Grant areas. If a violation of the ANAO occurs, the City will notify the business and/or property owner with a notice of violation, and the responsible party will be required to correct the violation or take reasonable action to begin correction within ten (10) days. The following performance standards will apply to all legal nonconforming liquor stores:
§ The existence of the liquor store does not result in any adverse effects, jeopardize or endanger health, peace, or safety of residents or employees.
§ The liquor store is operated and maintained in a neat, quiet, and orderly manner, and in accordance with all applicable local, state, and federal laws.
§ The liquor store does not create repeated nuisance activities.
§ Exterior lighting and security measures are provided to the satisfaction of the Chief of Police.
§ No more than 10 percent of the square footage of the windows or transparent doors are covered or obstructed.
§ The building's address is displayed on all sides of the building facing a public right-of-way.
In the event that a violation of the performance standards is not corrected in the prescribed timeframe, the Site Plan Review Committee will have the authority, through a due process hearing, to add or modify performance standards. Actions taken by the Site Plan Review Committee are appealable to the Planning Commission. The Planning Commission will have the authority to revoke the deemed approved status of any liquor store that is found to continually violate the provisions of the proposed Ordinance, thus eliminating the store's ability to sell alcohol.
Staff is recommending that initial implementation of the ANAO begin north of Del Amo Boulevard, in the 8th and 9th Council Districts (Exhibit A - Initial Implementation Map). This recommendation is based on the total number (36) of liquor stores in the area, the proportion of those liquor stores operating without a CUP or other regulations, the residential nature of the area, and the nuisance activity associated with liquor stores in this location. City staff has engaged in a thorough community outreach effort to meet with the business and/or property owners, as well as neighborhood residents. Additionally, residents of the 8th and 9th Council Districts have requested that the City actively work to address problems associated with liquor stores in their neighborhoods, as displayed in the attached map (Exhibit B - North Long Beach Liquor Store Map). Following the initial implementation in North Long Beach, the program will be evaluated, and it is anticipated that implementation will be phased in citywide.
In accordance with the California Environmental Quality Act, a Categorical Exemption (CE) was prepared for the proposed project (Exhibit C - CE-13-13) for the City Council to accept.
This matter was reviewed by Assistant City Attorney Michael Mais on July 2, 2013 and by Budget Management Officer Victoria Bell on July 18, 2013.
TIMING CONSIDERATIONS
City Council action is requested on August 6, 2013, to begin implementation of the ANAO.
FISCAL IMPACT
There is no fiscal or local job impact associated with this request.
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
AMY J. BODEK, AICP
DIRECTOR OF DEVELOPMENT SERVICES
APPROVED:
PATRICK H. WEST
CITY MANAGER