CONDITIONAL USE PERMIT NO. 23-09
CATEGORICAL EXEMPTION
APPLICANT: Valeria Salampessy
LOCATION: 1209 S. Sunset Avenue
REQUEST: A Conditional Use Permit (CUP) to allow for the off-site sale of beer and wine (Type 20) within an existing 2,482 square foot convenience store at a service station, known as Chevron Extra Mile, located in the "Neighborhood Commercial" (N-C) Zone.

The project was previously presented to the Planning Commission on January 23, 2024. At the meeting, the Planning Commission voted 4-0-1 to forward the item to the City Council due to an impasse (Chair Gutierrez abstained).

RECONSIDERATION
After the January 23rd Planning Commission Meeting, Chair Gutierrez informed staff that he would ask the Planning Commission to reconsider the subject CUP at the February 13th meeting. As such, staff published the public hearing notice in the newspaper and mailed out the notices to all occupants and owners of properties within 300 feet from the subject site, at least ten (10) days prior to the February 13th meeting.

As Planning Commission Chair, Chair Gutierrez presides over the meeting, and may ask the Planning Commission to reconsider the CUP. However, the motion for reconsideration may only be brought forward by a Planning Commissioner who voted in favor of forwarding the subject CUP to the City Council (Commissioners Becerra, Heng, and Lewis, and Vice Chair Williams), the motion to second may be made by any Planning Commissioner regardless on how they voted on the motion to be reconsidered. If the Planning Commission votes to reconsider the CUP, the public hearing will be held. If the Planning Commission chooses not to reconsider the CUP, the Planning Commission will not have a public hearing on the item and the item will be scheduled for City Council consideration per the original Planning Commission direction/vote. 

The applicant is requesting the approval of a CUP to allow for the off-site sale of beer and wine within an existing convenience store operating as an incidental use to a service station. Effective as of October 5, 2023, per Ordinance No. 2515, the West Covina Municipal Code (WCMC) allows the off-site sale of beer and wine with the approval of a CUP. The sales of distilled spirits is not allowed.

The subject property is located in the Neighborhood Commercial Zone, on the west corner of South Sunset Avenue and West Merced Avenue. 

BUSINESS OPERATION
The subject site is a service station, known as Chevron, with an accessory car wash and an accessory convenience store. The proposed use is the off-site sale of beer and wine within the existing 2,482 square foot convenience store.  A maximum of ten (10) percent of the retail floor area is allowed for the display and sale of alcohol. The existing 2,482 square foot convenience store has a retail floor area of 1,325 square feet. The proposed use would occupy 51 square feet, less than the maximum permitted of 132 square feet. Twenty-four (24) square feet will be three (3) reach-in coolers solely designated for the sale of beer and wine, and twenty-seven (27) square feet will be a bulk display. The convenience store will operate twenty-four (24) hours a day, seven (7) days a week. Customers are able to enter the convenience store at any hour. However, alcohol sales will be limited between the hours of 6:00 a.m. to 2:00 a.m., as permitted by the California Department of Alcoholic Beverage Control (ABC). No alcohol sales shall be permitted between the hours of 2:00 a.m. to 6:00 a.m. The convenience store will have seven (7) full-time employees and three (3) part-time employees, all of whom will be trained in the ability to verify an individual/customer’s age by using the individual/customer’s government-issued identification, as indicated in the Business Operation Plan (Attachment No. 2) provided by the applicant. The identification card reader is required to determine the authenticity of the identification that displays the age of the individual/customer. 

To address any safety concerns, the business will be required to have a Closed Circuit Television (CCTV) surveillance system installed prior to the issuance of the alcohol license and prior to the sale of any alcohol products, that views and records all areas within the interior of the store sales floor, as well as the exterior of the service station, including all points of ingress and egress to the subject site. A Flock Safety Camera with license plate recognition that is integrated with the Police Department’s system shall also be installed prior to the issuance of the alcohol license and prior to the sale of any alcohol products, at every vehicle entry/exit point for the subject site.

CENSUS TRACT ANALYSIS
The subject property is located in Census Tract No. 4068.01 of Los Angeles County. Per the California Department of Alcoholic Beverage Control (ABC), based on the population ratio within the County and the Census Tract, the project site is not considered an area of undue concentration for "off-sale" alcohol licenses. There are currently no alcohol licenses issued to the subject Census Tract, which allows for three (3) "off-sale" licenses. Additionally, the proposed use is not located within a high crime area.

PARKING
The WCMC requires one (1) parking space for every two hundred and fifty (250) square feet of floor area for retail use. As such, the required number of parking spaces for the subject site is ten (10) spaces. The subject site will provide sixteen (16) parking spaces, thus meeting the minimum required parking ratio. Staff shall closely monitor any parking complaints or concerns filed regarding the service station. The applicant and/or business operator shall work with staff to address any parking issues. In the event where issues remain unresolved, the Planning Commission shall review the CUP for the use and may, at its discretion, modify or impose new conditions.

The findings necessary for 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 consistent with the Neighborhood Commercial Zone. The Neighborhood Commercial Zone is composed primarily of retail and service commercial uses, which by their nature are of moderate intensity; are necessary in order to provide convenient daily shopping facilities to residential home and apartment dwellers; and are generally adjacent to, or within close proximity to, residential zoning or development. The proposed use is the off-site sale of beer and wine within an existing 2,482 square foot convenience store. The convenience store is located near single-family and multifamily residences, where it would be a convenience for the neighboring communities and families. The use is not located within a high crime area and the Census tract is not considered an area of undue concentration of off-sale alcohol licenses. There are currently no alcohol licenses issued to the subject census tract, which allows for three (3) "off-sale" licenses based on the population.

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.

The proposed use is the off-site sale of beer and wine within an existing 2,482 square foot convenience store. The convenience store is open twenty-four (24) hours a day, seven (7) days a week. However, alcohol sales will be limited between the hours of 6:00am to 2:00am, as permitted by the California Department of Alcoholic Beverage Control (ABC). The site is not located within a high crime area and is not located within an area of undue concentration of off-sale alcohol licenses. Therefore, there is no evidence that the use will be detrimental to the health, safety, peace or general welfare of surrounding residents or business owners.

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.

The existing building and site is adequate in size and is properly designed to accommodate all existing uses. The service station, accessory car wash and accessory convenience store are long-standing facilities and uses that have provided sufficient parking on site for a number of years. There is no evidence that the addition of alcohol sales within the accessory convenience store will increase parking demand. 

d. That the 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 South Sunset Avenue. The site can be accessed via South Sunset Avenue and West Merced Avenue. The service station, accessory car wash and accessory convenience store are long-standing facilities and uses. There is no evidence that the addition of alcohol sales within the accessory convenience store will generate a substantial amount of vehicular traffic, nor alter the present circulation patterns.

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.

Granting the CUP for the proposed use of off-site sale of beer and wine will not compromise the character of the surrounding neighborhood nor be detrimental to the surrounding land uses. Allowing the proposed use is consistent with the policies and actions of the General Plan. The proposed use is consistent with Policy 2.1: Maintain and enhance the City’s current tax base.

• Policy 2.1: Maintain and enhance the City’s current tax base.

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) in that it consists of minor alterations of the existing structure in order to operate the requested use.

Planning staff recommends that the Planning Commission adopt Resolution No. 24-6141 approving Conditional Use Permit No. 23-09.

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.