10-19-2010 - Appeal of Planning Commission Denial ofAdministrat - Appeal att. 6 (2).pdf- ATTAcHmENT 6 BEST BEST & KRIEGER ATTORNEYS AT LAW INDIAN WELLS (760) 568-2611 IRVINE (949) 263-2600 LOS ANGELES (213) 617-8100 — ONTARIO (909) 989-8584 Seth Merewitz (916) 551-2843 seth.merewitz@bbklaw.com 400 Capitol Mall, Suite 1650 Sacramento, California 95814 (916) 325-4000 (916) 325-4010 Fax BBKlaw.com September 24, 2010 RIVERSIDE (951) 686-1450 — SAN DIEGO (619) 525-1300 — WALNUT CREEK (925) 977-3300 RECEIVED SEP 21 2010 VIA UPS OVERNIGHT City Clerk City of West Covina 1444 W. Garvey Avenue West Covina, CA 91790 CITY CLERK'S OFFICE CITY OF WEST COVINA Re: NOTICE OF APPEAL; PLANNING COMMISSION DENIAL OF REQUEST FOR APPROVAL OF AN ADMINISTRATIVE USE PERMIT FOR TYPE 20 PERMIT; BEER AND WINE SALES AT WALGREENS, 1131 GLENDORA AVENUE Dear City Clerk: We are in receipt of the City of West Covina's Planning Commission decision of denial of Walgreens request for an administrative use permit relating to the public convenience or necessity for a Type 20 Beer and Wine Sales permit on September 14, 2010 for the above referenced Walgreen's store. Walgreens hereby appeals the decision by the Planning Commission. Please schedule a public hearing before the City Council within 60 days of this appeal. Enclosed a check in the amount of $300 that represents the appeal fees. The Planning Department will forward you the necessary sets of mailing labels for the notice of public hearing. Walgreens very much appreciates the concerns expressed by the Planning Commission and wishes for the City Council to consider our appeal. Walgreens wants to work with the City to address all concerns and • is willing to accept additional conditions of approval of the administrative use peiinit for the PCN, if needed. Walgreens goal is to respond to our customer's desire and expectation for "one-stop" shopping. Our customers are choosing Walgreens for the service and selection that offered in both pharmacy and other products not offered by our competitors. Our local competitors that also sell pharmaceuticals, CVS Pharmacy, Rite-Aid, Target, and K-Mart, have the ability to sell beer, wine and liquor. One of the CVS locations that hold a Type-20 license is just blocks from the Walgreens location (727 S. Glendora Avenue). We wish 99999.91555\5356419.1
BEST BEST & KRIEGER ATTORNEYS AT LAW City Clerk September 24, 2010 Page 2 to be on an equal footing with them, however our request is limited to beer and wine only, no liquor. No singles will be sold, only 6-packs and larger. Enclosed is an informational page on the history behind the nationwide beer and wine initiative Walgreens has undertaken. If you have any questions or I can provide further documentation relating to this appeal, please feel free to give me a call. We thank you for your consideration of our appeal. Again, thank you for your assistance. Sincerely, Seth Merewitz of BEST BEST & KRIEGER LLP 99999.91555\5356419.1