City of Long Beach - File #: 15-0348

• File #: 15-0348
• Version: 2
• Name: CA - Hearing/CUPEx
• Type: Emergency Ordinance
• Status: Adopted
• File created: 4/13/2015
• In control: City Council
• On agenda: 5/5/2015
• Final action: 5/5/2015
• Title: Recommendation to declare ordinance imposing a moratorium relating to the City's current Zoning Code provisions that exempt certain alcohol related sales uses from the requirement to obtain a Conditional Use Permit (CUP) before commencing operations; declaring the urgency thereof and declaring that this ordinance shall take effect immediately, read and adopted as read. (Ordinance No. ORD-15-0011) (Citywide)
• Sponsors: City Attorney
• Indexes: Moratorium
• Related files: 15-0211

Date	Ver.	Action By	Action	Result
5/5/2015	2	City Council	approve recommendation and adopt	Pass
4/21/2015	1	City Council	approve recommendation to declare an emergency to exist	Pass
4/21/2015	1	City Council	approve recommendation to declare Emergency Ordinance No. ORD- , read, and adopted as read and laid over to the next regular meeting of the City Council for final reading	Pass

TITLE
Recommendation to declare ordinance imposing a moratorium relating to the City's current Zoning Code provisions that exempt certain alcohol related sales uses from the requirement to obtain a Conditional Use Permit (CUP) before commencing operations; declaring the urgency thereof and declaring that this ordinance shall take effect immediately, read and adopted as read.
(Ordinance No. ORD-15-0011) (Citywide)

DISCUSSION
On March 17, 2015, the City Council adopted a minute order pursuant to an agenda request which initiated a moratorium that would prohibit the issuance of Conditional Use Permit Exemptions (CUPEx) for certain retail alcohol sales activities in the City. If the attached Ordinance is adopted, no new CUPEx applications will be considered or granted during the moratorium period. As directed by the Council on March 17th, the moratorium would not apply to restaurants that only serve alcohol with meals (without a “stand alone” bar), or to grocery stores. The moratorium was initiated pursuant to the provisions of Chapter 21.50 of the Municipal Code, “Interim Prohibition of Uses.”

The Ordinance which has been prepared for Council’s consideration establishes a one hundred twenty (120) day moratorium period. During this time, the Development Services Department and the Planning Commission will undertake a study on the propriety of amending the City’s zoning and/or business regulations related to the above described uses. If adopted, the 120 day moratorium ordinance (which may be extended upon the direction of the Council), will apply to any development or business license application received by the City after March 17, 2015.

SUGGESTED ACTION
Approve recommendation.

BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH IMPOSING A MORATORIUM RELATING TO THE CITY’S CURRENT ZONING CODE PROVISIONS THAT EXEMPT CERTAIN ALCOHOL RELATED SALES USES FROM THE REQUIREMENT TO OBTAIN A CONDITIONAL USE PERMIT (CUP) BEFORE COMMENCING OPERATIONS...