10-19-2010 - Appeal of Planning Commission Denial ofAdministrat - Appeal att. 4 (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. 10-5385
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING ADMINISTRATIVE USE PERMIT NO. 10-23
ADMINISTRATIVE USE PERMIT NO. 10-23
CATEGORICAL EXEMPTION
APPLICANT: Daniel J. Kramer, Haas Najarian, LLP for Walgreen Co.
LOCATION: 1131 S. Glendora Avenue
WHEREAS, there was filed with this Commission a verified application on forms prescribed by the Commission, a request for an administrative use permit to allow the off-sale of alcohol
within an area of “undue concentration” as defined by the State 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, 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 retail off-sale of alcohol within an area of undue concentration as defined by the Department of
Alcoholic Beverage Control. The project is located within the “Neighborhood Commercial” (N-C) Zone. There are ten existing ABC licenses in the census tract where the subject restaurant
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 finding for approval of an administrative use permit for off-sale of alcohol 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.
2. Finding necessary for approval of a conditional use permit for alcohol service:
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.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of West Covina as follows:
On the basis of evidence presented, both oral and documentary, the Planning Commission makes the following finding 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.
I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 14th day of September, 2010, by the
following vote:
AYES: Carrico, Holtz, Stewart
NOES: Redholtz, Sotelo
ABSENT: None
ABSTAIN: None
DATE: September 14, 2010
____________________________ Robert A. Sotelo, Chairman
Planning Commission
_____________________________ Jeff Anderson, Secretary
Planning Commission