AGENDA
ITEM NO. 4
DATE: January 28, 2025
ITEM NO. 4
DATE: January 28, 2025
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
CONDITIONAL USE PERMIT NO. 24-06
CATEGORICAL EXEMPTION
APPLICANT: JNK Petroleum
LOCATION: 201 N. Grand 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 784 square foot convenience store at a service station, known as Arco, located in the "Service Commercial Mixed-Use" (SMU) Zone.
CATEGORICAL EXEMPTION
APPLICANT: JNK Petroleum
LOCATION: 201 N. Grand 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 784 square foot convenience store at a service station, known as Arco, located in the "Service Commercial Mixed-Use" (SMU) Zone.
BACKGROUND
The applicant is requesting the approval of a CUP to allow the off-site sale of beer and wine within an existing 784 square foot convenience store at a service station, known as Arco. The subject property is located within the Service Commercial Mixed-Use Zone, on the northwest corner of the North Fairway Lane and North Grand Avenue intersection.
| ITEM | DESCRIPTION |
| Zoning & General Plan Designation | Zoning: Service Commercial Mixed-Use (SMU) General Plan: Commercial (C) |
| Surrounding Land Uses & Zoning | North: City of Covina East: Multi-Family Residential (MF-20) South: Service Commercial Mixed-Use (SMU) West: Service Commercial Mixed-Use (SMU) |
| Current Development | Service Station, Convenience Store and Car Wash |
| Legal Notice | Notice of Public Hearing have been mailed out to twenty-eight (28) owners of properties located within five hundred (500) 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 sale of distilled spirits is not allowed.
BUSINESS OPERATION
The subject property is a service station, known as Arco, with an accessory car wash and accessory convenience store. The proposed use is the sale of beer and wine within an existing 784 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 784 square feet. The proposed use would occupy 46 square feet; less than the permitted 78.4 square feet. The sales of beer and wine would occupy one (1) of the four (4) reach-in coolers (16 square feet) and would occupy 30 square feet for storage within the convenience store. 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 7:00 a.m. to 2:00 a.m. No alcohol sales shall be permitted between the hours of 2:00 a.m. to 7:00 a.m. The convenience store will have two (2) employees per shift, who shall be trained in the ability to verify an individual/customer's age by using the individual/customer's government-issued identification. 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 the 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. 4036.01 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 license. There is currently one (1) alcohol license issued to the subject Census Tract, which allows for four (4) "off-sale" licenses. The existing license within the census track is issued to 7-Eleven. 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 of retail use. As such, the required number of parking spaces for the subject site is three (3) spaces. The subject site will provide seven (7) parking spaces, thus surpassing the minimum required parking ratio. Staff shall closely monitor any parking complaints or concerns filed regarding the service station. The application 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 car wash and accessory convenience store. The proposed use is the sale of beer and wine within an existing 784 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 784 square feet. The proposed use would occupy 46 square feet; less than the permitted 78.4 square feet. The sales of beer and wine would occupy one (1) of the four (4) reach-in coolers (16 square feet) and would occupy 30 square feet for storage within the convenience store. 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 7:00 a.m. to 2:00 a.m. No alcohol sales shall be permitted between the hours of 2:00 a.m. to 7:00 a.m. The convenience store will have two (2) employees per shift, who shall be trained in the ability to verify an individual/customer's age by using the individual/customer's government-issued identification. 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 the 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. 4036.01 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 license. There is currently one (1) alcohol license issued to the subject Census Tract, which allows for four (4) "off-sale" licenses. The existing license within the census track is issued to 7-Eleven. 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 of retail use. As such, the required number of parking spaces for the subject site is three (3) spaces. The subject site will provide seven (7) parking spaces, thus surpassing the minimum required parking ratio. Staff shall closely monitor any parking complaints or concerns filed regarding the service station. The application 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.
The proposed use is consistent with the Service Commercial Mixed-Use Zone. The Service Commercial Mixed-Use Zone is composed primarily of retail and service commercial, recreational, business office and multi-family residential land uses which by their nature are of a relative high intensity; are unique in that their success depends upon direct motorist exposure and excellent access. The proposed use is the off-site sale of beer and wine within an existing 784 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 improvement in the vicinity.
The proposed use if the off-site sale of beer and wine within an existing 784 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 7:00 a.m. to 2:00 a.m. 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 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 are adequate in size and is property designed to accommodate all existing uses. The service station, accessory car wash and accessory convenience store and 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 site abuts streets and highways adequate in width and improvement to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generation will not be channeled through residential areas on local residential streets.
The subject property abuts North Grand Avenue and North Fairway Lane and can be accessed by either street. 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 percent 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 or 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.
The proposed use is consistent with the Service Commercial Mixed-Use Zone. The Service Commercial Mixed-Use Zone is composed primarily of retail and service commercial, recreational, business office and multi-family residential land uses which by their nature are of a relative high intensity; are unique in that their success depends upon direct motorist exposure and excellent access. The proposed use is the off-site sale of beer and wine within an existing 784 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 improvement in the vicinity.
The proposed use if the off-site sale of beer and wine within an existing 784 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 7:00 a.m. to 2:00 a.m. 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 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 are adequate in size and is property designed to accommodate all existing uses. The service station, accessory car wash and accessory convenience store and 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 site abuts streets and highways adequate in width and improvement to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generation will not be channeled through residential areas on local residential streets.
The subject property abuts North Grand Avenue and North Fairway Lane and can be accessed by either street. 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 percent 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 or 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. 25-6158 approving Conditional Use Permit No. 24-06.
OPTIONS:
Plans may be veiwed 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:
Melina Ramirez, Planning Intern