10-19-2010 - Appeal of Planning Commission Denial ofAdministrat - Appeal att. 2 (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, APPROVING 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 a verified application 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 Commission 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 drug store 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.
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:
The proposed sale of beer and wine (Type 20 ABC License) in the Walgreens Drug Store, as ancillary to the general retail use, is a desirable service that will contribute to the general
well being of the neighborhood and community by offering patrons an additional alternative to purchase alcoholic beverages.
Due to the location of the proposed Walgreens and conditions placed on alcohol sales, the sale of beer and wine for off-site consumption, as ancillary to the general retail use, will
not 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.
The site for the proposed use is adequate in size and shape to accommodate said use, in that the 13,170-square foot commercial building is located within an existing retail center.
Approval of a conditional use permit will only allow the sale of beer and wine in conjunction with a retail drug store. The proposed use will not result in an expansion of building
area beyond what presently exists. Further, the sale of alcohol will not increase the parking demand beyond the parking supply.
The proposed use of off-sale beer and wine, in conjunction with a drug store, is not anticipated to substantially increase traffic generation since the site is located within a commercial
area that is designed to accommodate such use. Vehicular access to the subject retail center where the drug store is located is available via Glendora Avenue to the east and Merced
Avenue to the south.
The proposed use is consistent with the “Neighborhood Commercial” (N-C) Zone. Additionally, the granting of an administrative use permit for off-sale
beer and wine, in conjunction with a drug store, is consistent with the General Plan.
The retail store (Walgreen’s) proposing to sell beer and wine as an accessory use to a drug store. The nearest residencies to the subject property are apartments across Westcove Place
and the nearest single-family houses are located at a distance of 300 feet. The nearest schools are over 1,000 feet from the Walgreen’s site. There is a preschool facility located
at 830 E. Merced Avenue, across Merced Avenue from the subject property. There are no parks or churches in the vicinity of the Merced Avenue and Glendora Avenue intersection. Based
on the existing retail nature of the retailer, the physical separation of sensitive uses, and the conditions placed on the proposed use, the use will not create any undue adverse impacts
or otherwise be detrimental to the public health, safety, and welfare.
2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Administrative Use Permit No. 10-23 is approved subject to the
provisions of the West Covina Municipal Code, provided that the physical development of the herein described property shall conform to said plan and the conditions set forth herein
which, except as otherwise expressly indicated, shall be fully performed and completed or shall be secured by bank or cash deposit satisfactory to the Planning Director, before the
use or occupancy of the property is commenced and before the Certificate of Occupancy is issued, and the violation of any of which shall be grounds for revocation of said administrative
use permit by the Planning Commission or City Council.
3. The administrative use permit shall not be effective for any purpose until the owner of the property involved (or his duly authorized representative) has filed at the office of the
Planning Director his affidavit stating he is aware of, and accepts, all conditions of this administrative use permit as set forth below. Additionally, no permits shall be issued until
the owner of the property involved (or a duly authorized representative) pays all costs associated with the processing of this application pursuant to City Council Resolution No. 8690.
4. The costs and expenses of any enforcement activities, including, but not limited to attorney’s fees, caused by the applicant’s violation of any condition imposed by this approval
or any provision of the West Covina Municipal Code shall be paid by the applicant.
5. That the approval of the administrative use permit is subject to the following conditions:
Comply with plans reviewed by the City Council on October 19, 2010.
That the project comply with all requirements of the “General Commercial” (C-2) zone and all other applicable standards of the West Covina Municipal Code.
This approval allows for the issuance of a Type 20 license by the California Department of Alcoholic Beverage Control.
This development shall conform to all applicable Municipal regulations, Fire, Building, Mechanical, Electrical, Plumbing codes and recognized, approved, standards of installation.
This approval allows for the accessory off-sale service of beer and wine within a 13,170-square foot drug store.
The approved use shall not create a public nuisance as defined under Section 15-200 of the West Covina Municipal Code.
The administrative use permit may be revoked, amended and suspended by the Planning Director under the provisions of Section 26-273 of the West Covina Municipal Code.
The site shall comply with the requirements of the California Department of Alcoholic Beverage Control (ABC).
This approval allows for the off-sale of beer and wine within an existing drug store.
The applicant shall indemnify, hold harmless and defend the City Of West Covina (City), its agents, officers, and employees from any claim, action, proceeding or damages against the
City, its agents, officers, or employees to attack, set aside, void, or annul the approval by the City of this project. Further, the applicant shall indemnify, hold harmless and defend
the City Of West Covina (City), its agents, officers, and employees from any claim, action, proceeding or damages against the City, its agents, officers, or employees arising out of
the action, inaction or negligence of the applicant, its employees, officers, agents, contractors, subcontractors, successors or assigns in planning, engineering, constructing or in
any manner carrying out the project or any improvements required for the application. The indemnity shall be contained in a written document approved by the City Attorney.
This Administrative Use Permit approval shall become null and void if a license from ABC is not obtained within one (1) year of the date of this approval.
6. The City Clerk shall certify as to the passage of this Resolution.
APPROVED 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