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Lomita City Zoning Code

PART 5

6.- SALE OF ALCOHOLIC BEVERAGES

Article 56. - Sale of Alcoholic Beverages[21]


Footnotes:
--- (21) ---

Editor's note— Ord. No. 723, § 2, adopted April 6, 2009, amended art. 56 in its entirety and enacted similar provisions as set out herein. The former art. 56 derived from Ord. No. 453, § I, adopted Dec. 4, 1989; and Ord. No. 556, § 1, adopted Dec. 18, 1995.


Sec. 11-1.56.01. - Purpose and intent.

The purpose and intent of this chapter is to establish the requirements and development standards for businesses engaging in the sale of alcoholic beverages in order to mitigate secondary effects of such land uses on public health, safety and welfare.

(Ord. No. 723, § 2, 4-6-09)

Sec. 11-1.56.02. - Conditional use permit required.

(A)

A conditional use permit issued pursuant to Article 70 of the zoning ordinance of the city shall be required for the sale of alcoholic beverages for off-site or on-site consumption.

(B)

The planning commission may approve a conditional use permit if it determines that substantial evidence supports the required findings set forth in Article 70, the application otherwise complies with the requirements of this chapter and the requirements of section 11-1.56.03. In granting a conditional use permit for the sale of alcoholic beverages for off-site or on-site consumption, the planning commission may impose specific conditions to mitigate the impact of the sale of alcoholic beverages including, but not limited to, conditions to reduce noise impacts, prevent loitering, require graffiti removal, provide adequate lighting and prohibit pay phones.

(Ord. No. 723, § 2, 4-6-09; Ord. No. 733, § 2(pt. 2), 9-7-10)

Sec. 11-1.56.03. - Distance requirements between uses.

The following distance requirements apply to uses that sell alcohol for on-site or off-site consumption:

(A)

Separation requirements for businesses selling alcohol for off-site consumption:

1.

Any business with square footage of two thousand five hundred (2,500) or less shall be located at least six hundred (600) feet from any other establishment authorized to sell alcoholic beverages for off-site consumption; and

2.

Any establishment with square footage greater than two thousand five hundred (2,500) shall be located at least three hundred (300) feet from any other establishment authorized to sell alcoholic beverages for off-site consumption.

(B)

The distances set forth in subsection (A) shall be measured between the nearest entrances used by patrons along the shortest route available for public passages from one business to another, or to the nearest property line of any of the above-referenced uses, whichever is shortest.

(C)

Any business selling alcoholic beverages for off-site or on-site consumption shall be located a minimum of three hundred (300) feet from schools, parks, public recreation areas and any other use determined to be a sensitive use by the community development director. The distance shall be measured from the closest property line from the subject parcel to the closest property line of the parcel containing the sensitive use.

(D)

The planning commission may modify the distance requirements when granting a conditional use permit pursuant to Article 70 of the Lomita Municipal Code if the following additional findings are made:

1.

That the proposed use will not have an adverse impact on public safety. Factors that could be considered to determine impact include but are not limited to Los Angeles County Sheriff Department's crime statistics for the underlying and surrounding reporting districts, Los Angeles County Sheriff Department's crime statistics for the underlying and surrounding properties and the types of crime within those same areas;

2.

The business will provide beneficial commercial vitality to the area; and

3.

The use will not be objectionable or detrimental to surrounding properties and the neighborhood.

(Ord. No. 723, § 2, 4-6-09; Ord. No. 733, § 2(pt. 2), 9-27-10; Ord. No. 754, § 2, 11-19-12)

Sec. 11-1.56.04. - Reserved.

Editor's note— Ord. No. 787, § 5, adopted May 2, 2017, repealed § 11-1.56.04 in its entirety. Former § 11-1.56.04 pertained to consumption and derived from Ord. No. 723, § 2, adopted April 6, 2009.

Sec. 11-1.56.05. - Existing businesses selling alcohol.

(A)

Any business which sells alcoholic beverages which existed prior to the adoption of the original Article [December 4, 1989], and which has not obtained a conditional use permit, shall be a legal nonconforming use as defined in Article 70 herein.

(B)

In the event that any legal nonconforming establishment expands or changes the type or quantity of alcoholic beverages for sale, such establishment shall be required to obtain conditional use permit approval.

(Ord. No. 723, § 2, 4-6-09; Ord. No. 733, § 2(pt. 2), 9-7-10)