10-19-2010 - Appeal of Planning Commission Denial ofAdministrat - Appeal att. 3 (2).doc
PLANNING DEPARTMENT STAFF REPORT
ADMINISTRATIVE USE PERMIT NO. 10-23
CATEGORICAL EXEMPTION
APPLICANT: Daniel J. Kramer, Haas Najarian, LLP for Walgreens
LOCATION: 1131 S. Glendora Avenue
I. DESCRIPTION OF APPLICATION
The applicant is requesting the approval of an administrative use permit to allow the off-sale service of beer and wine (Type 20) in conjunction with the operation of an existing Walgreens
drug store located within an area of undue concentration, as determined by the California Department of Alcoholic Beverage Control (ABC).
The Planning Director may approve this type of request, pursuant to Section 26-270 of the West Covina Municipal Code. However, staff received a request for a public hearing during the
public review period and the Planning Director elected to transfer the applicant’s request to the Planning Commission.
II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution approving Administrative Use Permit No. 10-23.
III. ENVIRONMENTAL DETERMINATION
. This project is Categorically Exempt under the California Environmental Quality Act (CEQA), as an Existing Facilities (Class 1), as the proposed off-sale service of beer and wine
would occur within an existing building.
IV. HISTORY
In the early 1990s, the ABC adopted standards requiring local jurisdictions to write a letter of public convenience and necessity to allow the off-sale service of alcoholic beverages
within an area of undue concentration, as determined by the ABC. In response to this requirement, in 2004 the City enacted an ordinance requiring that any request for the off-sale
service of alcoholic beverages within an area of undue concentration receive approval of an administrative use permit, pursuant to Section 26-685.103 of the Municipal Code.
At its meeting of April 26, 2005, the Planning Commission approved Precise Plan No. 04-13 and Conditional Use Permit No. 04-31 to allow the construction of a 13,170 square foot drug
store with a drive-through pharmacy and a 2,550-square foot dental building at the northwest corner of Glendora Avenue and Merced Avenue. At this meeting, the Planning Commission also
approved Variance No. 04-11 for reduced parking for the drug store and dental building, as well as Zone Change No. 04-06, Tentative Parcel Map No. 62259, Precise Plan No. 04-12 and
Conditional Use Permit No. 04-30 for modifications to the adjacent Elks Lodge property located at 841 W. Merced Avenue.
V. SUMMARY OF DATA
Surrounding Zoning and Land Use:
North:
Neighborhood-Commercial (N-C); Hong Kong Plaza/Multiple-Family Residential (MF-20); apartment complex
South:
Service-Commercial (S-C); shopping center
East:
Neighborhood-Commercial (N-C); shopping center
West:
Office-Professional (O-P); Elks Lodge
General Plan Designation: “Service and Neighborhood Commercial”
Zoning Designation: “Neighborhood-Commercial” (N-C)
Notices of Public Hearing have been mailed to 114 owners and occupants of property within 300 feet of the project site.
VI. PROJECT DESCRIPTION AND ANALYSIS
The applicant is requesting the approval of an administrative use permit to allow the off-sale service of beer and wine (Type 20) in conjunction with the operation of an existing 13,170-square
foot Walgreens drug store located at the northwest corner of Glendora Avenue and Merced Avenue. The drug store’s hours of operation are 8:00 am to 10:00 pm, seven days a week. Hours
of operation for the pharmacy are 8:00 am to 9:00 pm, Monday through Friday, 9:00 am to 6:00 pm on Saturdays and 10:00 am to 6:00 pm on Sundays.
California Department of Alcoholic Beverage Control (ABC) Regulations
The applicant is required to apply to the ABC for a Type 20 liquor license to allow the off-sale service of beer and wine in conjunction with the sale of other goods and services.
Consumption of alcohol is not permitted on the premises with a Type 20 liquor license.
The California Business and Professions Code defines undue concentration for use by the ABC when reviewing applications for liquor licenses. According to Section 23958.4 of the Business
and Professions Code, an undue concentration of off-sale outlets exists when either of the following is found to exist:
The ratio of off-sale retail licenses to population in the census tract in which the premises are located exceeds the ratio of off-sale retail licenses to population in the county; or
The applicant premises are located within a high crime area according to police department statistics.
The ABC has determined that the property at 1131 S. Glendora Avenue is within an area of undue concentration. Six liquor licenses are permitted within the subject census tract (Census
Tract No. 4067), while nine licenses exist.
The crime-reporting district in which the site is located is considered a high crime area according to the ABC’s definition. A high crime area is defined as an applicant premises located
in a crime-reporting district that has a 20 percent greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within
the jurisdiction of the local law enforcement agency.
The Police Department reviewed the request by the applicant and provided crime statistics for the time period of June 1, 2009 to June 30, 2010. The subject property is located within
a police-reporting district (Reporting District No. 63) that had a total of 36 Part 1 Crimes during the subject time period, while the average for the City was 22. Therefore, this
area has a 164 percent higher crime rate than the City’s average. Part 1 crimes include homicide, rape, robbery, assaults, burglary, larceny, auto thefts and arson.
Section 23958.4 9-(b) of the Business and Professions Code states that: Notwithstanding Section 23958, the department may issue a license as follows:
When an undue concentration is found to exist, ABC is required to deny a license unless the City determines that the public convenience or necessity would be served by the issuance.
The Planning Director has the ability to approve or deny an alcohol license application when the existing number of licenses within an area exceeds the standards established by the ABC
unless the Planning Director finds that public convenience or necessity will be served. The Planning Director has considered the fact that the proposed use is within the Neighborhood-Commercial
(N-C) zone that provides services to the residents of West Covina and nearby cities.
The City’s General Plan encourages diversity of uses within this zone, as long as it provides adequate physical and safety measures to prevent negative impacts on adjacent properties.
This diversity of uses should be allowed as long as they do not adversely impact existing or planned residential uses, or conflict with other General Plan Goals and objectives. The
off-sale service of beer and wine is in conjunction with the sale of other goods and services offered at the subject drug store and will not be a detriment to the City.
Public Review Period
During the public review period, staff received one request for a public hearing. This request was received from the owner of Stone Liquor located at 1211 S. Glendora Avenue. Therefore,
a public hearing was scheduled in front of the Planning Commission.
VII. RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution approving Administrative Use Permit No. 10-23.
PREPARED BY:
___________________________
Amy Davis
Planning Assistant
REVIEWED AND APPROVED:
___________________________
Jeff Anderson, AICP
Acting Planning Director
Attachment 1—Resolution
Attachment 2—Request for public hearing