AGENDA
ITEM NO. 2
DATE: April 9, 2024
ITEM NO. 2
DATE: April 9, 2024
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
CONDITIONAL USE PERMIT NO. 24-02
CATEGORICAL EXEMPTION
APPLICANT: Atabak Youssefzadeh
LOCATION: 300 N. Azusa Avenue
REQUEST: The applicant is requesting a Conditional Use Permit (CUP) to allow the off-site sale of beer and wine (Type 20) within an existing 541 square foot convenience store at a service station, known as Arco, located in the "Neighborhood Commercial" (N-C) Zone.
CATEGORICAL EXEMPTION
APPLICANT: Atabak Youssefzadeh
LOCATION: 300 N. Azusa Avenue
REQUEST: The applicant is requesting a Conditional Use Permit (CUP) to allow the off-site sale of beer and wine (Type 20) within an existing 541 square foot convenience store at a service station, known as Arco, located in the "Neighborhood Commercial" (N-C) Zone.
BACKGROUND
The applicant is requesting the approval of a CUP to allow the off-site sale of beer and wine within an existing 541 square foot convenience store at a service station, known as Arco. The subject property is located within the Neighborhood Commercial Zone, on the northeast corner of North Azusa Avenue and East Workman Avenue intersection.
| ITEM | DESCRIPTION |
| Zoning & General Plan | Zoning: Neighborhood Commercial (N-C) General Plan: Commercial (C) |
| Surrounding Land Uses & Zoning | North: Neighborhood Commercial (N-C) East: Office Professional (O-P), Multi-Family Residential (MF-20) South: Service Commercial (S-C), Multi-Family Residential (MF-20) West: Service Commercial (S-C), Residential Single Family (R-1) |
| Current Development | Service Station, Convenience Store and Mechanical Shop |
| Legal Notice | Notices of a Public Hearing have been mailed out to four hundred and thirty-five (435) owners and occupants of properties located within three hundred (300) feet of the subject property. In addition, the Public Hearing Notice was published in the San Gabriel Valley Tribune at least ten (10) days prior to the Public Hearing. |
DISCUSSION
The applicant is requesting the approval of a CUP to allow the off-site sale of beer and wine (Type 20) within an existing convenience store operating as an incidental use to a service station. The West Covina Municipal Code (WCMC) allows for the off-site sale of beer and wine with the approval of a CUP. The sales of distilled spirits is not allowed.
BUSINESS OPERATION
The subject property is a service station, known as Arco, with an accessory mechanical shop and an accessory convenience store. The proposed use is the off-site sale of beer and wine within an existing 541 square foot convenience store. The WCMC allows for a maximum of ten (10) percent of the retail floor area for the display and sale of alcohol. The existing convenience store has a retail sales floor area of 481 square feet. The proposed use would occupy 30 square feet, less than the permitted 48 square feet. The sales of beer and wine would occupy six (6) of the twelve (12) reach-in coolers within the convenience store. Four (4) of the reach-in coolers would be dedicated to beer and two (2) of the reach-in coolers would be dedicated to wine.
The convenience store will operate twenty-four (24) hours a day, seven (7) days a week. However, during late hours, customers will be serviced through a window to ensure safety and security for both customers and staff. Alcohol sales will be limited between the hours of 8:00am to 12:00am, fewer hours than what is permitted by the California Department of Alcoholic Beverage Control (ABC), which allows sales from 6:00am to 2:00am. The convenience store will have four (4) employees, as indicated in the Business Operation Plan (Attachment No. 2). All employees processing alcohol sales will be responsible for verifying a customer's age using an identification card reader. The identification card reader is required to determine the authenticity of the identification that displays the age of the 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. 4062.01 of Los Angeles County. Per ABC, based on the population ratio within the County and the Census Tract, the subject property is located in an area of undue concentration for alcohol licenses. The Census Tract allows for two (2) off-sale licenses. Currently, there are three (3) active off-sale license. The off-sale licenses are issued to neighboring commercial uses: Royal Crest Dairy, Quick Stop Liquor and Market, and Leprechaun Liquor and Market.
If the proposed use is located in an area where there is an over-concentration of alcoholic beverage licenses, or the crime rate in the area is 20% or more above the average within a given crime reporting district (only one of these circumstances needs to exist), ABC is required to deny the alcohol license application. Exceptions to this legislation can be made if public convenience or necessity can be established. Public Convenience or Necessity (PCN) is determined by the local governing body of the jurisdiction in which the premises lie. PCN is a discretionary action that would be decided by the Planning Commission as part of the CUP review after considering the location, need, and surrounding land uses.
The City does not have mandatory findings related to a PCN. In order to support an additional license, the Commission should consider the fact that the proposed use is within the Neighborhood Commercial (N-C) Zone that provides services to nearby residential areas. The City’s General Plan encourages diversity of uses within this Zone, including grocery stores, markets, specialty stores, restaurants, and gasoline stations, as long as it provides adequate physical and safety measures to prevent negative impacts on adjacent properties. This diversity of uses should be allowed as long as they do not adversely impact existing residential uses, or conflict with other General Plan goals and objectives.
There are no concerns from the West Covina Police Department (WCPD) regarding the proposed use. Although the Census Tract has an over-concentration of licenses, the proposed use will provide for public convenience. The Arco convenience store would offer the same convenience for purchasing alcohol as other retailers in the area. Alcohol would be a small percentage of the service station's overall sales; allowing such sales decreases the need and reduces vehicular trips that require customers to go to a separate store. There is no evidence that the proposed use will be detrimental to public health, safety, or general welfare when operating under the conditions indicated in the draft resolution. As such, staff feels that the finding of public convenience or necessity could be made.
PARKING
The WCMC requires one (1) parking space for every two hundred and fifty (250) square feet of floor area for retail use. The required number of parking spaces for the subject site is three (3) parking spaces. The subject site will provide nine (9) parking spaces, exceeding the minimum number of required parking spaces. 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.
BUSINESS OPERATION
The subject property is a service station, known as Arco, with an accessory mechanical shop and an accessory convenience store. The proposed use is the off-site sale of beer and wine within an existing 541 square foot convenience store. The WCMC allows for a maximum of ten (10) percent of the retail floor area for the display and sale of alcohol. The existing convenience store has a retail sales floor area of 481 square feet. The proposed use would occupy 30 square feet, less than the permitted 48 square feet. The sales of beer and wine would occupy six (6) of the twelve (12) reach-in coolers within the convenience store. Four (4) of the reach-in coolers would be dedicated to beer and two (2) of the reach-in coolers would be dedicated to wine.
The convenience store will operate twenty-four (24) hours a day, seven (7) days a week. However, during late hours, customers will be serviced through a window to ensure safety and security for both customers and staff. Alcohol sales will be limited between the hours of 8:00am to 12:00am, fewer hours than what is permitted by the California Department of Alcoholic Beverage Control (ABC), which allows sales from 6:00am to 2:00am. The convenience store will have four (4) employees, as indicated in the Business Operation Plan (Attachment No. 2). All employees processing alcohol sales will be responsible for verifying a customer's age using an identification card reader. The identification card reader is required to determine the authenticity of the identification that displays the age of the 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. 4062.01 of Los Angeles County. Per ABC, based on the population ratio within the County and the Census Tract, the subject property is located in an area of undue concentration for alcohol licenses. The Census Tract allows for two (2) off-sale licenses. Currently, there are three (3) active off-sale license. The off-sale licenses are issued to neighboring commercial uses: Royal Crest Dairy, Quick Stop Liquor and Market, and Leprechaun Liquor and Market.
If the proposed use is located in an area where there is an over-concentration of alcoholic beverage licenses, or the crime rate in the area is 20% or more above the average within a given crime reporting district (only one of these circumstances needs to exist), ABC is required to deny the alcohol license application. Exceptions to this legislation can be made if public convenience or necessity can be established. Public Convenience or Necessity (PCN) is determined by the local governing body of the jurisdiction in which the premises lie. PCN is a discretionary action that would be decided by the Planning Commission as part of the CUP review after considering the location, need, and surrounding land uses.
The City does not have mandatory findings related to a PCN. In order to support an additional license, the Commission should consider the fact that the proposed use is within the Neighborhood Commercial (N-C) Zone that provides services to nearby residential areas. The City’s General Plan encourages diversity of uses within this Zone, including grocery stores, markets, specialty stores, restaurants, and gasoline stations, as long as it provides adequate physical and safety measures to prevent negative impacts on adjacent properties. This diversity of uses should be allowed as long as they do not adversely impact existing residential uses, or conflict with other General Plan goals and objectives.
There are no concerns from the West Covina Police Department (WCPD) regarding the proposed use. Although the Census Tract has an over-concentration of licenses, the proposed use will provide for public convenience. The Arco convenience store would offer the same convenience for purchasing alcohol as other retailers in the area. Alcohol would be a small percentage of the service station's overall sales; allowing such sales decreases the need and reduces vehicular trips that require customers to go to a separate store. There is no evidence that the proposed use will be detrimental to public health, safety, or general welfare when operating under the conditions indicated in the draft resolution. As such, staff feels that the finding of public convenience or necessity could be made.
PARKING
The WCMC requires one (1) parking space for every two hundred and fifty (250) square feet of floor area for retail use. The required number of parking spaces for the subject site is three (3) parking spaces. The subject site will provide nine (9) parking spaces, exceeding the minimum number of required parking spaces. 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.
REQUIRED FINDINGS
The 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 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 541 square foot convenience store. The Arco convenience store would offer the same convenience for purchasing alcohol as other retailers in the area. Alcohol would be a small percentage of the service station's overall sales; allowing such sales decreases the need and reduces vehicular trips that require customers to go to a separate store.
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 541 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 8:00am to 12:00am. There are no concerns from the West Covina Police Department (WCPD) regarding the proposed use, as there is no evidence that the proposed use will be detrimental to public health, safety, or general welfare when operating under the conditions indicated in the draft resolution.
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 mechanical shop 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 the current 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 East Workman Avenue and North Azusa Avenue and can be accessed by either street. The service station, accessory mechanical shop 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.
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 541 square foot convenience store. The Arco convenience store would offer the same convenience for purchasing alcohol as other retailers in the area. Alcohol would be a small percentage of the service station's overall sales; allowing such sales decreases the need and reduces vehicular trips that require customers to go to a separate store.
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 541 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 8:00am to 12:00am. There are no concerns from the West Covina Police Department (WCPD) regarding the proposed use, as there is no evidence that the proposed use will be detrimental to public health, safety, or general welfare when operating under the conditions indicated in the draft resolution.
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 mechanical shop 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 the current 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 East Workman Avenue and North Azusa Avenue and can be accessed by either street. The service station, accessory mechanical shop 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.
GENERAL PLAN CONSISTENCY
The proposed use is consistent with the following policy of the General Plan:
- Policy 2.1: Maintain and enhance the City’s current tax base.
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) in that it consists of minor alterations of the existing structure in order to operate the requested use.
LEGAL REVIEW:
Planning Staff recommends that the Planning Commission adopt Resolution No. 24-6147 approving Conditional Use Permit No. 24-02.
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:
Miriam Machado, Associate Planner