10-19-2010 - Appeal of Planning Commission Denial ofAdministrat - Appeal att. 1 (2).docP L A N N I N G C O M M I S S I O N
R E S O L U T I O N N O.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING ADMINISTRATIVE USE PERMIT NO. 10-23 ON APPEAL OF PLANNING COMMISSION ACTION
ADMINISTRATIVE USE PERMIT NO. 10-23
CATEGORICAL EXEMPTION
APPLICANT/APPELANT: Walgreens (Daniel J. Kramer, Haas Najarian, LLP/Seth Merewitz, Best Best & Krieger, LLP)
LOCATION: 1131 S. Glendora Avenue
WHEREAS, there was filed with this Council requesting an administrative use permit to allow the off-sale service of beer and wine within an area of undue concentration, as defined by
the California Department of Alcoholic Beverage Control (ABC), on that certain property generally described as:
Assessor's Parcel No. 8469-020-(018 and 020), as listed in the records of the office of the Los Angeles County Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 14th day of September, 2010, conduct a duly advertised public hearing as prescribed by law to consider
said application; and
WHEREAS, the Planning Commission did adopt Resolution No. 10-5385 denying the application; and
WHEREAS, on September 27, 2010, an appeal of the Planning Commission action was filed by Walgreens (Seth Merewitz, Best Best & Krieger, LLP); and
WHEREAS, the City Council did, on the 19th day of October, 2010, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission,
Planning Department, and other interested parties.
WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts:
The applicant is requesting the approval of an administrative use permit to allow the off-sale service of beer and wine in conjunction with the sale of other goods and services at an
existing drugstore located within an area of undue concentration, as defined by the California Department of Alcoholic Beverage Control. The project is located within the “Neighborhood
Commercial” (N-C) zone. There are nine existing ABC licenses in the census tract where the subject drugstore is located, while six licenses are allowed. The Business and Professions
Code allows each jurisdiction to make a determination whether or not a public convenience or necessity would be served by allowing additional licenses. The Police Department has reviewed
the proposal and has indicated that it has no issues with the applicant’s request.
Appropriate findings for approval of an administrative use permit for the off-sale service of beer and wine within an area of undue concentration are as follows:
That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or community.
That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity
or injurious to property or improvements in the vicinity.
That the site for the proposed use is adequate in size and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any
other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible therewith.
That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as
to guarantee that such generations will not be channeled through residential areas on local residential streets.
That the granting of such conditional use permit will not adversely affect the General Plan of the City, or any other adopted plan of the City.
That, when considering the proposed operational characteristics of the use and its proximity to residences, parks, schools, preschools, day care facilities, and churches, the use will
not create any undue adverse impacts or otherwise be detrimental to the public health, safety, and welfare.
3. The project is categorically exempt pursuant to Section 15301, Class 1 (Existing Facilities) from the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended,
since there is no request to alter the exterior or interior of the existing building.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of West Covina as follows:
On the basis of evidence presented, both oral and documentary, the City Council makes the following findings regarding the administrative use permit:
Crime control research has shown that a high concentration of locations with the off-sale of alcohol contributes to more crime. There are nine other businesses with the licensed sale
of alcohol within the census tract. Across the street from the subject property is a preschool. In close proximity to the site there are residential areas and two schools within 1,200
feet.
2. The City Clerk shall certify as to the passage of this Resolution.
DENIED on this 19th day of October, 2010.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of West Covina, California,
at a regular meeting thereof held on the 19th day of October, 2010.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATE: October 19, 2010
APPROVED AS TO FORM:
City Clerk
City Attorney