HomeMy WebLinkAboutABO Amendment (PA2003-090)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
April 17, 2003
TO: I Planning Commission
FROM: Planning Department
Patrick J. Alford, Senior Planner
(949) 644 -3235
Palford @city.newoort- beach.ca.us
SUBJECT: Code Amendment CA 2003 -004 — ABO Amendment (PA 2003 -090)
ISSUE:
Should the Planning Commission recommend approval to the City Council of Code
Amendment CA 2003 -004, which would amend the Alcoholic Beverage Outlet (ABO)
Ordinance (Chapter 20.89 NBMC) to prohibit off -sale alcoholic beverage outlets from
selling or storing alcoholic beverages outside of the exterior walls of the establishment?
Adopt Resolution No. 2003- recommending approval or modification of Code
Amendment 2003 -004 to the City Council.
DISCUSSION:
Background:
The problems the City has experienced in West Newport during the Independence Day
holiday are attributed, in part, to the heavy consumption of alcohol beverages. The
large crowds, the consumption of alcohol and the interaction between partygoers and
the crowds in the streets has resulted in an average of over 170 arrests and over 1350
citations each year. Last year, some alcohol beverage outlets brought in large trucks or
temporary storage areas that essentially increased the floor area of the store, the
amount of alcohol sold and the amount of traffic generated by the sale of alcohol.
The City Council initiated the code amendment on April 8, 2003.
ABO Amendment
April 17, 2003
Page 2
Proposed Amendment:
The proposed amendment would revise the development and operational regulations in
Section 20.89.050 to prohibit all off -sale alcoholic beverage outlets from selling or
storing alcoholic beverages outside of the exterior walls of the establishment. An off -
sale alcoholic beverage outlet is defined as an establishment wherein alcoholic
beverages are sold, served, or given away for consumption off the premises and which
is has an Alcoholic Beverage Control (ABC) license type 20 (Off -sale Beer and Wine) or
type 21 (General).
The ABO was adopted in 1998 to establish a set of consistent standards for the safe
operation of alcoholic beverage retail outlets to prevent alcohol - related problems.
Currently, the ABO is implemented through use permits required for any new alcoholic
beverage outlet and for any existing alcoholic beverage outlet that is operated or
maintained under objectionable conditions that constitute a public nuisance. If adopted,
the proposed amendment would for the first time establish a regulation that would apply
immediately to all existing off -sale establishments.
Environmental Review:
The project has been reviewed pursuant to the California Environmental Quality Act and
has been determined to be categorically exempt under Class 5, minor alterations in land
use limitations.
Public Notice:
Public notices were mailed to all ABC type 20 and type 21 license holders in the City of
Newport Beach, as well as to the all business improvement associations and chambers
of commerce.
Prepared by:
-7e
Patrick J. Alford
Senior Planner
Attachments:
Submitted by:
Patricia L. Temple
Planning Director
1. Draft resolution.
2. Proposed revisions to Chapter 20.89 (Exhibit A).
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING THE
ADOPTION OF CODE AMENDMENT NO. 2003 -004 (PA
2003 -090)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The proposed code amendment is to Chapter 20.89 of Title 20 of
the City of Newport Beach Municipal Code. The City Council initiated this amendment
on April 8, 2003.
Section 2. A public hearing was held on April 17, 2003 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting.
Section 3. The Planning Commission finds as follows:
1. The problems the City has experienced in West Newport during the
Independence Day holiday are attributed, in part, to the heavy consumption of
alcohol beverages.
2. In 2002, some alcohol beverage outlets brought in large trucks or temporary
storage areas that essentially increased the floor area of the store, the
amount of alcohol sold and the amount of traffic generated by the sale of
alcohol.
3. The Alcoholic Beverage Outlet ordinance (Chapter 20.89, NBMC) development
and operational regulations should be revised to prohibit all off -sale alcoholic
beverage outlets from selling or storing alcoholic beverages outside of the
exterior walls of the establishment.
4. The project has been reviewed and it has been determined that it is
categorically exempt under Class 5 (Minor Alterations in Land Use Limitations)
of the requirements of the California Environmental Quality Act.
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City of Newport Beach
Planning Commission Resolution No.
Page 2 of 2
Section 4. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council of the City of Newport Beach adopt Code
Amendment No. 2003 -004 to revise Section 20.89.050 of Title 20 of the Newport Beach
Municipal Code as provided in Exhibit A.
PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF APRIL 2003.
A
M
Steven Kiser, Chairman
Shant Agajanian, Secretary
AYES:
NOES:
2 4
EXHIBIT A
Proposed Revisions to Chapter 20.89
20.89.050 Development and Operational Regulations
IM
(C) shall apply to any new alcoholic beverage outlet and to any existing
alcoholic beverage outlet meeting any of the criteria specified in Section
20.89.030 (A).
Development and Operational Regulations.
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