ONb0
e4)TD
To:
From
Administrative Report
Council Action Date: October 4, 2016
MAYOR AND CITY COUNCIL
AARON JONES, COMMUNITY DEVELOPMENT DIRECTOR
Subject: COUNCIL REFERRAL- POLICY DIRECTION ON A POTENTIAL CODE
AMENDMENT PERMITTING FOOD SALES AT SERVICE STATIONS AND THE
RELATIONSHIP TO PERMITTING ALCOHOL SALES
RECOMMENDATION
Receive and file the administrative report
1) Take no action to initiate amendments, or
2) Direct the Planning Commission to consider necessary code amendments to repeal service station regulations that limit retail sales to incidental convenience items thereby allowing general grocery sales including the sale of alcohol by Conditional Use Permit.
EXECUTIVE SUMMARY
Since the enactment of a statewide legislation in 1987, cities have been prohibited from adopting new measures which ban concurrent sales of alcohol and gasoline in zoning districts that otherwise allow retailing of alcohol and gasoline on separate sites. However, this legislation also allowed cities that had in place restrictions or prohibitions on a larger class of retail sales ( i. e. general food sales) to continue that prohibition. Redondo Beach has prohibited general food sales from service stations since 1971 and is considered " Grandfathered" in prohibiting concurrent sale of gasoline and alcohol.
Staff believes the intent of the 1971 City regulation was to encourage shoppers to visit grocery stores or liquor stores for those purchases and to encourage gas stations to sell items that are consumed on premises or in customer's vehicles.
The question under consideration is whether the City should rescind the general food sales prohibition. If the current code restrictions limiting service stations to " incidental retail sales of items for the immediate consumption of the motoring public" were to be rescinded, then owners of service stations could apply for Conditional Use Permits or amendments to their existing permits to allow general food sales with or without the off-site sale of alcohol.
There are 12 service station locations in Redondo Beach that are affected by the current regulations. Those locations are as follows:
Location DBA Snack Shop
1200 BERYL ST REDONDO SHELL ( GAS SERVICE) Y
1630 S ELENA AVE CHEVRON USA INC # 93777 Y
1700 ARTESIA BLVD SOUTH BAY SHELL Y
1890 S PACIFIC COAST HWY USA GAS # 63260 Y
2118 ARTESIA BLVD UNITED OIL CO # 8 Y
247 S PACIFIC COAST HWY REDONDO BEACH 76 Y
Administrative Report
Service Stations and Alcohol
October 4, 2016
2714 ARTESIA BLVD DOUG' S MOBIL SERVICE CENTER Y
3601 INGLEWOOD AVE T & S GASOLINE INC Y
3705 INGLEWOOD AVE G & M OIL CO # 11 Y
1500 S PACIFIC COAST HWY HOLLYWOOD RIVIERA CAR WASH Y
2730 MARINE AVE ARCO MARINE Y
310 PORTOFINO WAY ROCKY POINT MARINE FUELS Y
BACKGROUND
In considering a policy decision regarding whether to direct the Planning Commission to proceed with a public hearing on these amendments, the City Council should be aware of several key questions that will need to be addressed by the Planning Commission. Those questions are as follows:
Does the current prohibition place businesses at a competitive disadvantage? It has been argued that the City' s prohibition on general food sales ( and therefore alcohol) places local service stations at a competitive disadvantage to service stations in surrounding communities. Staff has performed a preliminary survey and determined that Palos Verdes Estates is the only surrounding community that has completely prohibited alcohol sales from service stations. That gas station only sells gasoline and conducts automotive repairs.
Restrictions have been placed on a case by case basis in other surrounding cities. However, most cities conditionally permit general food sales and retail sales of alcohol from service stations.
Manhattan Beach and Torrance both require Conditional Use Permits for food sales in conjunction with a service station. These cities report that requests typically have some neighborhood opposition at public hearings, with the main concerns relating to the sale of alcohol, potential loitering, and late hours of operation. Despite the neighborhood concerns, the uses are usually approved because it is difficult to make a legal case for denying food sales at a service station in one location while approving it at another location.
Typical Conditional Use Permits for service station/ mini markets approved in Torrance include no restrictions on the operation of the mini -markets, including no restrictions on the hours of operation other than the restrictions prescribed by State law. In Manhattan Beach, Conditional Use Permits for mini -markets typically include a condition limiting hours of operation from 6 a. m. to 12 midnight. In Hermosa Beach, adding food sales at a service station is a permitted use requiring no Conditional Use Permit. However, Hermosa Beach requires a CUP for sale of alcohol after 11: 30 p. m.
Would allowing general food sales ( and therefore alcohol sales) result in public health and safety impacts?
A second issue that the Planning Commission should consider is whether allowing general food sales and alcohol in conjunction with motor fuel would have any adverse impacts on public health, safety and welfare and whether allowing such sales could have a blighting effect on the neighborhood and surrounding community. The question of whether allowing concurrent sales of alcohol has any correlation to the safety of the motoring public will also need to be considered.
Administrative Report
Service Stations and Alcohol
October 4, 2016
With respect to the public health and safety considerations this matter was referred to the City's Police Department for their comments and recommendation. The Police Department expressed general concerns with increasing the total number of "off sale" licenses issued within the City of Redondo based upon the following:
Proximity of some potential new locations to known homeless populations that are experiencing significant growth;
Overconcentration of "off sale" licenses within the City of Redondo Beach overall; Significant numbers of " incidents" currently exist at the potentially impacted locations; and
Expected increases in " incidents" generally associated with businesses offering " off sale" licenses versus similar businesses without an alcohol sales license; o 33% of incidents within the City of Redondo Beach are alcohol related.
Attached to this Administrative Report is a memorandum from the Police Department citing their evidence in support of their concerns noted above.
Also attached is a map that identifies the locations of all " On Sale ABC Locations", " Off Sale ABC Locations", and the locations of the existing " Service Stations" that are the subject of this matter. In all cases, there are multiple existing " Off Sale ABC Locations" that exist within one ( 1) City block of each of the existing subject "Service Stations".
COORDINATION
The preparation of this report has been coordinated with the City Attorney's office and the Police Department.
FISCAL IMPACT
The cost for preparing reports on potential code amendments is included within the Community Development Department' s portion of the adopted 2016- 17 Annual Budget, and is part of the Department's annual work program.
Submitted by: Approved for forwarding by:
Aaron Jones, Community Development Director Office of the City Manager Attachment(s):
Redondo Beach Police Department Operations Bureau Memorandum Dated September 15, 2016
Maps of Existing " On Sale ABC Locations", " Off Sale ABC Locations", and the locations of the existing "Service Stations"
o Locations North of Herondo/Anita Street
Administrative Report
Service Stations and Alcohol
o Locations South of Herondo/Anita Street
October 4, 2016
Redondo Beach Police Department
Operations Bureau Memorandum
Patrol Division
Date: September 15, 2016
To: Aaron Jones, Planning Department
From: Capt. Tom Krafick, Operations Bureau Commander — Police Department Subject: Proposed Code Amendment Permitting Alcohol Sales at Gas Stations This response was prepared to address a proposed Municipal Code change that would rescind the general food and alcohol sales prohibition at gas stations. If the current code restrictions limiting gas service stations to "incidental retail sales of items for the immediate consumption of the motoring public" were to be rescinded, then owners of gas service stations could apply for Conditional Use Permits or amendments to their existing permits to allow general food sales with or without the off-site sale of alcohol.
The Police Department is opposed to rescinding the ordinance in order to allow the sale of alcoholic beverages at these locations but we do not oppose any food service modification. This is based on the fact that there are currently 208 ABC Licensed business establishments within the City of Redondo Beach, including 52 "Off -sale" establishments.
There are over 600 ABC Licensed business establishments in surrounding cities, including Hermosa Beach, Manhattan Beach, Torrance and Lawndale.
In 2015, the total number of arrests made by the Redondo Beach Police Department was 2, 191. Of those arrests, 456 were for public intoxication and 261 were for driving under the influence; about 33% of our total arrests for 2015 were for alcohol related offenses.
One of the gas station/ convenience stores located in south Redondo Beach that would fall within the criteria of an updated ordinance, has generated over 200 calls for Police Department service in the past year. These calls include theft, transients loitering, defecating and creating disturbances, subjects fighting, public intoxication and/ or requests to evaluate potentially mentally ill people at the location.
Redondo Beach is working to address a large increase in our Homeless population.
Among many members of the homeless population, drug and alcohol abuse continue to be a major problem and concern. There has been an increase in the homeless population in Redondo Beach over the past three years with an average annual increase of approximately 30% per year. We believe that allowing the sales of single servings of alcohol from these establishments will increase police calls for service and continue to add to the substance abuse problems experienced by the homeless population. With that said, the surrounding community will also be negatively impacted by this change of ordinance as well.
It is the recommendation of the Police Department to make no changes to the existing ordinance and to continue to prohibit the sales of alcoholic beverages from the described locations.
General Food Sales
and
Service Stations
Discussion Item
City Council
October 4, 2016
Current Status
Current Prohibition of Beer and Wine Sales at Service
Stations " Grandfathered"-
Incidental convenience items for the immediate consumption of the motoring public" — "Permitted"
General Food Sales" — " Not Permitted"
Business and Professional Code 23790.5 ( b) ( 4)
State Law permits the prohibition of beer and wine at motor vehicle fuel stations when the prohibition includes a broader class of products or uses which includes alcoholic beverages or beer and wine as a named or unnamed part of that larger class... " General Food Sales"
Issues
Competing arguments
Competitive Disadvantage- other cities and businesses
allow
Public nuisance- criminal activity, homeless activity
Alcohol accounts for 33% of "incidents"
Saturation of establishments allowing sales
All existing service stations are in proximity to existing " off site sales" locations.
Mm 1
V3
a
Le
L
a2
7 1
r+
Existing Off Sale — On Sale — Service Stations:
North of Heronclo/ Anita StreetReclonclo
Co
0 1* r _ r-
0 L i
i
L=
Existing Off Sale — On Sale — Service Stations: South of Heronclo/ Anita Street 1 FE E
6-
CaC
L L
am
C a o
What if we...
Do nothing, maintain current food sales restrictions
Can prohibit alcohol sales
Allow general food sales
Must allow applications for alcohol sales
May be difficult to deny unless location is unique ( near school, park etc.) Can require a new or amended Conditional Use Permit
Can limit hours and impose other restrictions
Use permits can be suspended, modified or revoked
Recommendation
Receive and file the administrative report
1) Take no action to initiate amendments, or
2) Direct the Planning Commission to consider necessary code amendments to repeal service station regulations that limit retail sales to incidental convenience items thereby allowing general grocery sales including the sale of alcohol by Conditional Use Permit.
BLUE FOLDER ITEM
Bluefolder items are additional backup material to administrative reports ondlor public comments received after the printing and distribution of the agenda packet for receive and file.
CITY COUNCIL MEETING
OCTOBER 4, 2016
NA DISCUSSION AND POSSIBLE ACTION REGARDING POLICY DIRECTION ON A
POTENTIAL CODE AMENDMENT PERMITTING FOOD SALES AT SERVICE
STATIONS AND THE RELATIONSHIP TO PERMITTING ALCOHOL SALES CONTACT:
AARON JONES, COMMUNITY DEVELOPMENT DIRECTOR
UPDATE TO INCLUDED MEMORANDUM OF SEPTEMBER 15, 2016
TO INCLUDE CALLS FOR SERVICE AT ALL GAS STATIONS IN
REDONDO BEACH, CLARIFYING THE NUMBER OF CALLS
STATED IN PARAGRAPH FOUR.
0 0
dw
Ln
0 cc
LL
Ln
W
F0
LL
W
V
W
Ln
w
0 A
J
J
a
ar
N
Q
L
O 0
@ @ V in o
MfO N
N
LLI]
2'
T
n
U
L
Q
N
V U V V V U ai,] V V U V V
0 7
H
Ln A
L
02{ w
L
U
rH
0 0
0 0
LID
N
7 0 a
0 a
L
N
WWWWN L
M
0o
L
N M M M M L N VI M N M N D
N
L L LL
0 0—
L
0 L
0 L L
o 0 0 ov
h N M M M Ln
i. rG f0 m t0 r0V m r0 ry C
V V V V V Ln U V U V U U
00 00A nN N r-1 H r 1p
H
Jv
0 0
E
z
i;
WLMrYIww
0 L
Vf
CL
0 4- 10
u
m
L
C
C
0 m
L
N
Q
L
O 0
@ @ V in o
MfO N
N
LLI]
2'
T
n
U
L
Q
N U
L
6 U
L' L
OJ
V7 cf7 p ro a M
00 l N
N
Q
0 7
H
Ln A
L
02{ w Q c
U
rH
0 0
0 0
LID
N
7 0 a
0 a
a)
N 4
3 M
0o
o
i;
L- W
r MYIww
0 L
Vf
CL
0 4- 10
u
m
L
C
C
0 m
L
N
Q
O 0
@ @ V in 2' o o a
CO W QL
N
0 00 ,•
0 rn
O
n
00 l N
N
Q
L0 H
C L
rILn
r -I
0 i;
WLMrYIww
0 L
Vf
CL
0 4- 10
u
m
L
C
C
0 m
L
Q
O 0 0 a
o o a 0 M 3 0U v
Q t)D Q C L
rILn
0 nLn rH
N
LID 0 0 0
M N 4
M M
i;
L- W
r MYIww
0 L
Vf
CL
0 4- 10
u
m
L
C
C
0 m
L