Resolution - 2006-14RESOLUTION NO.2006-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, DENYING ADMINISTRATIVE USE PERMIT
NO. 05-39 ON APPEAL OF PLANNING COMMISSION ACTION
. ADMINISTRATIVE USE PERMIT NO. 05-39
CATEGORICAL EXEMPTION
APPLICANT: Ajit Singh
LOCATION: 551 East Francisquito 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. 8489-029-024, 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 10`h
day of January, 2006 conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the Planning Commission did adopt Resolution No. 06-5096 denying the
application; and
WHEREAS, on January 19, 2006, an appeal of the Planning Commission action was filed
by Ajit Singh; and
WHEREAS, the City Council did, on the 21s` day of February, 2006, conduct a duly
advertised public hearing as prescribed by law, and considered evidence presented by the
Planning Commission, Planning Department, and other interested parties; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. 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 "General Commercial"
(C-2) Zone. There are two other businesses within 200 feet of the subject property that
are licensed for the retail off -sale of alcohol.
2. , Appropriate finding for approval of an administrative use permit for off -sale of alcohol
within an area of undue concentration are as follows:
a. 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 15303, Class 3 (New
Construction or Conversion of Small Structures) from the provisions of the California
Environmental Quality Act (CEQA) of 1970, as amended, since the project consists of
one single-family residence in a residential zone.
Resolution No. 2006-14
February 21, 2006
is
•
NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows:
Section No 1. On the basis of the evidence presented, both oral and documentary, the City
Council makes the following findings:
a. Crime control research has shown that a high concentration of locations with the off -
sale of alcohol contributes to more crime. There are two other businesses with the
licensed off -sale of alcohol within 200 feet of the applicant. The vicinity is primarily
residential with a school within 1,500 feet and a church within 500 fee of the
applicant. The Police Department has stated that the existence of two other off -sale
alcohol businesses within the area already provide more than adequate opportunity
for the purchase of alcoholic beverages within the area. Additionally, the area
currently periodically has problems with loitering and other disorder problems, and
that it can be expected that there will be increased calls for service due to
loitering/trespassing issues in the event this permit were to be granted.
Section No 2. The City Clerk shall certify as to the passage of this Resolution.
PASSED AND APPROVED on the 215t day of February 2006.
ayor Shelley Sanderson
ATTEST:
City Clerk Latkie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, 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 21" day of February 2006, by the following
vote of the City Council:
AYES:
Herfert, Hernandez, Lane
NOES:
Sanderson, Touhey
ABSENT:
None
ABSTAIN:
None
APPROVED AS TO FORM:
, A -jz
City Attorney Amold Alvarez-Glasman
4Citylerk urie Carrico
E