AGENDA
ITEM NO. 2.
DATE: August 9, 2022
ITEM NO. 2.
DATE: August 9, 2022
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
CONDITIONAL USE PERMIT NO. 22-04
CATEGORICAL EXEMPTION
APPLICANT: Stephen Jamieson
LOCATION: 2539 East Garvey North
REQUEST: Application for a Conditional Use Permit (CUP) to Authorize on-site instructional tasting events for beer, wine, or distilled spirits within a grocery store.
CATEGORICAL EXEMPTION
APPLICANT: Stephen Jamieson
LOCATION: 2539 East Garvey North
REQUEST: Application for a Conditional Use Permit (CUP) to Authorize on-site instructional tasting events for beer, wine, or distilled spirits within a grocery store.
BACKGROUND
The applicant is requesting approval of CUP No. 22-04 to authorize on-site instructional tasting events of beer, wine, or distilled spirits within a grocery store. The project site would be located on the northwest corner of N. Citrus St and E. Garvey Ave N in the shopping center that is currently under construction. The new shopping center's name is Diamond City Shopping Center. Precise Plan No. 19-03, Tentative Parcel Map No. 83155, CUP No. 20-06, Administrative Use Permit No. 20-06 and Tree Removal Permit No. 20-12 was approved by the Planning Commission on November 24, 2020 to allow the construction of the shopping center with the 34,860 square foot major tenant being a grocery store with alcoholic beverage sales.
| Item | Description |
| Zoning and General Plan | Zoning: Medium Commercial (C-2) General Plan: Commercial (C) |
| Surrounding Land Uses and Zoning | North: Service Commercial (S-C) East: Regional Commercial (R-C) South: Interstate 10 Fwy (I-10 ) West: Single-Family Residential (R-1); Multi-Family Residential (MF-20) |
| Current Development | Diamond City (Shopping Center) |
| Legal Notice | Public Hearing Notices have been mailed to 71 owners and occupants of properties within 300 feet of the subject site. |
DISCUSSION
Section 26-685.109 of the West Covina Municipal Code (WCMC) allows for instructional tasting of beer, wine, and/or distilled spirits with a CUP. In order to have instructional tasting events, the grocery store is required to maintain both a Type-21 (Off-sale general) and Type-86 (instructional tasting) license from the California Department of Alcoholic Beverage Control (ABC). According to ABC, a finding of public convenience or necessity is not required for the site because the census tract (Census Tract No. 4064.13) it belongs to allows for four (4) off-sale licenses where there are currently none (Sprouts, Walmart, Target, and Bevmo belong to a different census tract). Bevmo is currently the only store in West Covina that has a Type-86 license and is allowed to hold instructional tasting events.
Operation
The instructional tasting event will be limited to the hours of 10:00 a.m. to 9:00 p.m. unless the hours are extended in conjunction with a special event through a Temporary Use Permit process. The applicant highlighted the area in the floor plan (shown on the next page) where the instructional tasting events will generally be set-up. The floor area devoted to instructional tasting events will be limited to 500 square feet. As conditioned, the 500 square-foot instructional tasting area will be sectioned off from the public by a rope or similar device with a requirement for a signage display in front of the area.
The WCMC limits the amount of alcohol a person (21 years old or older) is allowed to consume during instructional tasting events to eight (8) ounces of beer/wine or 1/4 of one ounce of distilled spirit.
Operation
The instructional tasting event will be limited to the hours of 10:00 a.m. to 9:00 p.m. unless the hours are extended in conjunction with a special event through a Temporary Use Permit process. The applicant highlighted the area in the floor plan (shown on the next page) where the instructional tasting events will generally be set-up. The floor area devoted to instructional tasting events will be limited to 500 square feet. As conditioned, the 500 square-foot instructional tasting area will be sectioned off from the public by a rope or similar device with a requirement for a signage display in front of the area.
The WCMC limits the amount of alcohol a person (21 years old or older) is allowed to consume during instructional tasting events to eight (8) ounces of beer/wine or 1/4 of one ounce of distilled spirit.
REQUIRED FINDINGS
Findings necessary for the approval of a Conditional Use Permit are as follows:
a.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.
The proposed use is in context of the Medium Commercial (C-2) zone and is consistent with the surrounding areas. The requested tastings will be ancillary to the Type 21 Off-sale General license use, and it will be conducted only as permitted by an ABC Type 86 Instructional Tasting license in a defined and enclosed interior space. It will supplement and augment that use allowing customers to sample certain products prior to purchasing, and therefore provide a service contributing to the general well being of the community.
b. 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.
Instructional Tastings pursuant to a Type 86 ABC license are ancillary to off-sale retail. As conditioned, the 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. Instructional Tasting are also regulated and restricted by state law in order to protect the public health, safety, peace, and general welfare.
c. 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.
There is no construction, demolition, or alteration of the site associated with the requested instructional tastings. Instructional tastings will be conducted solely within the grocery store. The grocery store is adequate in size to accommodate the use.
d. 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.
The subject property abuts streets and highways adequate in width and improvements to carry the traffic generated by the proposed use. The project site is located north of a collector street, E Garvey Avenue North. The instructional tasting will not be detrimental to the health, safety, peace or general welfare of surrounding properties. Instructional tastings in a defined and enclosed interior space will not generate any additional foot or vehicle traffic to the site.
e. 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.
The tasting events comply with West Covina's General Plan's stated goals of renovating or repositioning underutilized retail space& into more productive retail (West Covina General Plan, pg. 31) and improving the performance of retail uses. (I.d., pg. 34) The granting of a CUP permitting instructional tastings of alcohol in a defined and enclosed interior space will not adversely affect the general plan, or any other adopted plan, of the City.
f. The proposed operational characteristics of the use and its proximity to residences, parks, schools, preschools, day care facilities, and religious facilities, will not create any undue adverse impacts on those uses or otherwise be detrimental to the public health, safety, and welfare.
Instructional Tastings pursuant to a Type 86 ABC license are ancillary to the off-sale ABC license for the grocery store. As conditioned, the 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.
a.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.
The proposed use is in context of the Medium Commercial (C-2) zone and is consistent with the surrounding areas. The requested tastings will be ancillary to the Type 21 Off-sale General license use, and it will be conducted only as permitted by an ABC Type 86 Instructional Tasting license in a defined and enclosed interior space. It will supplement and augment that use allowing customers to sample certain products prior to purchasing, and therefore provide a service contributing to the general well being of the community.
b. 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.
Instructional Tastings pursuant to a Type 86 ABC license are ancillary to off-sale retail. As conditioned, the 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. Instructional Tasting are also regulated and restricted by state law in order to protect the public health, safety, peace, and general welfare.
c. 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.
There is no construction, demolition, or alteration of the site associated with the requested instructional tastings. Instructional tastings will be conducted solely within the grocery store. The grocery store is adequate in size to accommodate the use.
d. 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.
The subject property abuts streets and highways adequate in width and improvements to carry the traffic generated by the proposed use. The project site is located north of a collector street, E Garvey Avenue North. The instructional tasting will not be detrimental to the health, safety, peace or general welfare of surrounding properties. Instructional tastings in a defined and enclosed interior space will not generate any additional foot or vehicle traffic to the site.
e. 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.
The tasting events comply with West Covina's General Plan's stated goals of renovating or repositioning underutilized retail space& into more productive retail (West Covina General Plan, pg. 31) and improving the performance of retail uses. (I.d., pg. 34) The granting of a CUP permitting instructional tastings of alcohol in a defined and enclosed interior space will not adversely affect the general plan, or any other adopted plan, of the City.
f. The proposed operational characteristics of the use and its proximity to residences, parks, schools, preschools, day care facilities, and religious facilities, will not create any undue adverse impacts on those uses or otherwise be detrimental to the public health, safety, and welfare.
Instructional Tastings pursuant to a Type 86 ABC license are ancillary to the off-sale ABC license for the grocery store. As conditioned, the 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.
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), the proposed project is considered to be categorically exempt, pursuant to Section 15301 (Class 1, Existing Facilities) since the project consists of a proposed use within an approved structure that is currently under construction.
LEGAL REVIEW:
Planning staff recommends adopting Resolution No. 22-6110 approving Conditional Use Permit No. 22-04
OPTIONS:
Plans may be viewed at the West Covina City Hall Planning Division Counter at 1444 W. Garvey Avenue South, 2nd Floor - Room 208, West Covina CA 91790.
Submitted by:
Jerry Rivera, Assistant Planner