Council Votes (8-0) To GRANT appeal of Laurie Angel/Chuck Fowler, Overturn Planning Comm'n Approval, Deny CUP for Beer/Wine Sales For Offsite Consumption at Atlantic/South (SE corner) Gs Stn Convenience Store

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NLB reps Austin and Richardson note area is focus for new library, say if liquor sales were for new sit-down restaurant or grocery store, their response might be different

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(Mar. 25, 2015, 6:05 a.m.) -- As carried LIVE on LBREPORT.com's front page, the City Council voted 8-0 (motion by Austin, seconded by Richardson) to grant an appeal pursued by Laurie Angel/Chuck Fowler, overturn an action of the Planning Commission, overcome support from city staff and deny a CUP for beer/wine sales for offsite consumption at Atlantic/South (SE corner) gas station/convenience store.

The action came after appellant provide the Council with detailed information and testified on the history of Redevelopment in North Long Beach after the 1992 riots. She noted the Atlantic Ave./ South St. location was/is meant to become a key location on the 8th/9th district border for NLB's revitalization and across the street (north of South St.) would be the site of a new library.

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Ms. Angel cited multiple locations where liquor is already available (not listed in a city staff report, which recommmended approval of the CUP.) Mr. Fowler also testified and cited data indicating a relationship between alcohol sales and crime (city staff acknowledged the location is designated a high crime area.) City staffer Amy Bodek noted that CUP decisions are each made on individual factors and are discretionary with the City Council.

The business owner urged the Council to sustain the Planning Commission decision and grant the CUP. The business owner said Redevelopment, and specifically its dissolution, had been very bad for his business, leaving parts of Atlantic Ave. now deserted (vacant lots.) The CUP was also supported by a number of public speakers.

In making the motion to overturn the Planning Commission decision, sustain the appeal and deny the CUP, Councilman Austin said the factors cited by Ms. Angel and Mr. Fowler were persuasive and in seconding the motion, Councilman Richardson said he agreed completely with Councilman Austin on the matter

There were questions from Councilwoman Suzie Price and resistance from Councilwoman Stacy Mungo. Mungo indicated she was considering voting against the Austin/Richardson motion, stating that in her view a businessperson had taken a risk and invested by purchasing an alcohol license from another location, and she wanted NLB to be a place where businesses believe they can invest. Mungo asked staff if the Council had discretion to let the applicant re-apply in less than a year and was told he couldn't (Municipal Code requires waiting a year after CUP denial.) Mungo then asked if the Council could hold the item over and was told yes by staff; Mungo asked Austin if he was amenable to the delay...and Austin said he stood by his original motion.

Price [who has previously voted to allow liquor sales at sit-down restaurants along 2nd St. in Belmont Shore despite a high concentration of such licenses in the area] asked why the Atlantic/South location for offsite beer/wine sales should be treated differently from other locations. Austin initially responded that the Councilwoman was welcome to come to NLB and see that when it comes to crime, it's a "tale of two cities." Price bristled and said that response wasn't constructive. That led Richardson and Austin to respond at greater length that the location is the center of new development with a library and educational component...and if the application had been from a sit-down restaurant or a grocery store, those applicants would see a difference response. Price then indicated she was satisified with the latter response, said she generally defers to the guidance of Councilmembers for matters in their district, wants to send the message that the Council's action shouldn't be a discouraging factor to others who want to sell alcohol and is a particular decision about a unique location.

Councilman Uranga noted that the area is targeted for renovation and said that in his view adding a location to seel beer and win isn't compatible.

(March 24, 2015) -- An item agendized for tonight's (Mar. 24) City Council agenda pits longtime NLB neighborhood advocates Laurie Angel and Chuck Fowler against City Hall staff over a request to allow beer and wine sales for offsite consumption from a gas station/convenience store (5740 Atlantic Ave., SE corner Atlantic/South) under the terms of a Conditional Use Permit (CUP.)

City staff recommends denying the appeal and granting the CUP; Ms. Angel and Mr. Folwer oppose granting the CUP.

LBPD acknowledges the location is designated as "high crime" but doesn't oppose the CUP; it recommends conditions (which are part of city staff's proposal.)

Ms. Angel and Mr. Fowler have itemized the reasons for their opposition in writing (cited below.) They appealed the item to the Council after LB's non-elected Planning Commission (now including several members chosen by Mayor Garcia) approved the requested CUP (3-1 vote.)

An accompanying city staff agendizing memo states in pertinent part:

[City staff text] ...The appellants cite three reasons for the appeal filing: the project site's location within a designated high crime area; the concentration of alcohol sales uses in proximity to the project site; and the project site's location at a major school-travel intersection. Staff recommends that the City Council deny the appeal and uphold the Planning Commission's decision.
...The convenience store has been in operation at the site since 2001. The property owner recently purchased a Type 20 beer and wine license from a stand-alone market located two blocks south, at 5498 Linden Avenue, in an adjacent census tract. This license, if introduced to the census tract of the subject site, would not result in an overconcentration of off-site licenses according to figures provided by the California Department of Alcohol Beverage Control (ABC) (Exhibit F-Map of Existing ABC Licenses)...
According to Long Beach Police Department (LBPD) staff, the subject site is located within a high crime reporting district. LBDP staff, however, stated no objection to the request for alcohol sales at the site; instead, they have provided staff with a number of conditions of approval intended to mitigate potential negative impacts associated with the introduction of the alcohol sales use. These conditions, incorporated in full, cover sales restrictions, site security, and general nuisance abatement. With these operational conditions incorporated, staff believes the proposed CUP for Type 20 alcohol sales at the subject site will not cause substantial adverse affects on surrounding land uses or the community at large.

Appellants Angel and Fowler submitted the following points in support of their appeal:

[Angel/Fowler text] Issues:
High Crime Area - The Planning staff report specifically states this is a high crime area though inquiries about specific or alcohol-related crimes as police were not available to testify.
Proximity to other ABC licenses - the staff census map does not take into account uses across the street or within a block or two from this location. It does not consider the 12 existing markets that sell alcohol within .5 mile including one 1/10 of a mile away at 494 E south, .2 mile 938 E South and 6 within .3 miles. In addition there are two bars and two restaurants that serve alcohol with .3 miles (one SuperMex is 210 ft away)...
Proximity to schools, designated public areas and sensitive uses - the new North Long Beach Library is within 500 ft of this use. This location has major bus stops where children congregate on their way to school and church. In addition, the major corridors (Atlantic Avenue and South Street) are the primary path of travel to and from numerous schools and churches and the Houghton Park with 79% students walking more than a mile to school. These corridors serve as the primary routes that youth travel daily.
Liquor Store Modernization Program (North Long Beach) - to address neighborhood concerns related to the impacts of alcohol outlets in the community. This area has much greater density of alcohol-related uses than other areas of the city other than Central both of which have crime issues, low unemployment, youth issues of vandalism, graffiti, lower graduation rates.
Social problems, code enforcement issues and blight - quality of life issues must be place ahead of profits
We support removing license from the neighborhoods as the spokesperson stated with 300 neighborhoods supporting that concept, but adding to the existing over proliferation of ABC licenses in North Long Beach and other challenged neighborhoods is not supported. In fact, the discussion on social media (Nextdoor.comand facebook) clearly indicates an overwhelming majority opposing this use...

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The CUP application fee is $8,744 + $512 environmental fee. The appellant's fee is $50. All fees were set by previously voted action of the LB City Council.

The hearing is the first item on the City Council agenda (after three presentations.) The Council meeting is scheduled to begin at 5:00 p.m...and LBREPORT.com will have LIVE VIDEO on our front page: www.LBREPORT.com.