CONDITIONAL USE PERMIT NO. 25-02
CATEGORICAL EXEMPTION
APPLICANT: Sherrie Olson
LOCATION: 2887 E. Valley Boulevard
REQUEST: The applicant is requesting the approval of a Conditional Use Permit (CUP) to upgrade their existing Type 20 (Off-Sale Beer & Wine) license to Type 21 (Off-Sale General), within an existing 2,400 square foot convenience store, located in the "Neighborhood Commercial Mixed-Use" (NMU) Zone.

The applicant is requesting the approval of a CUP to upgrade their existing Type 20 (Off-Sale Beer & Wine) license to a Type 21 (Off-Sale General) for a convenience store known as "7-Eleven." The subject property is located within the "Neighborhood Commercial Mixed-Use" (NMU) Zone on the northwest corner of the E. Valley Boulevard and S. Sentous Avenue intersection.

 

ITEM	DESCRIPTION
Zoning and General Plan Designation	Zone: Neighborhood Commercial Mixed-Use (NMU) General Plan: Commercial (C)
Surrounding Zoning and Land Uses	North: Multi-Family Residential (MF-20), Multi-Family Apartment Complex East: Neighborhood Commercial Mixed-Use (NMU), Office and Retail South: Los Angeles County  West: Multi-Family Residential (MF-20), Multi-Family Apartment Complex
Current Development	Convenience Store (Commercial)
Legal Notice	The notice of Public Hearing has been mailed out to eleven (11) owners of properties located within five hundred (500) feet of the subject property. In addition, a Public Hearing Notice was posted at the location at least ten (10) days prior to the Public Hearing.

The applicant is requesting the approval of a CUP to upgrade their existing Type 20 (Off-Sale Beer & Wine) license, which allows for the sale of beer and wine for off-site consumption, to Type 21 (Off-Sale General), which allows for the sale of beer, wine, and distilled spirits for off-site consumption, for the existing 2,400 square foot convenience store.

The existing convenience store received its original Type 20 alcohol license on April 7, 1997. Since then, the convenience store has operated in compliance with all requirements and has not had any issues with its operation.

BUSINESS OPERATION

The subject property is a convenience store, known as "7-Eleven," with an existing Type 20 alcohol license. With the proposed alcohol license upgrade, the business will occupy twenty (20) square feet for the display of distilled spirits, in addition to the existing five (5) reach in coolers, equivalent to ninety (90) square feet, used for beer and wine. The business will also have a thirty (30) square foot storage area not directly accessible to the public. 

The convenience store operates 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 to the hours of 6:00 a.m. to 2:00 a.m. No alcohol sales are permitted between the hours of 2:00 a.m. and 6:00 a.m. The convenience store has 2 to 5 employees per shift, who are 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 has an existing security camera system that allows the West Covina Police Department (WCPD) to have 24-hour direct video access. The camera security system includes four (4) cameras that are posted at the corners of the existing convenience store with a view in all directions, as shown in the Business' Security Plan (Attachment No. 3).

CENSUS TRACT ANALYSIS

The subject property is located in Census Tract No. 4081.37, in 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 located in an area of undue concentration for "off-sale" alcohol licenses. There are currently four (4) alcohol licenses issued to the subject Census Tract, which allows for two (2) off-sale licenses. The existing licenses within the Census Tract are issued to 7-Eleven (subject business), SF Supermarket, CVS Pharmacy, and Canyon Liquor. Of those existing licenses, SF Supermarket, CVS Pharmacy, and Canyon Liquor have Type 21 alcohol licenses.

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 must deny the alcohol license application. Exceptions to this denial apply 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. To decide on an additional/modified license, the Commission should consider the fact that the proposed use is within the Neighborhood Commercial Mixed-Use (NMU) Zone that provides services to nearby residential areas. The City’s General Plan encourages a 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 if 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, as the subject property is not located within a high-crime area. Although the Census Tract has an over-concentration of licenses, the proposed use will provide for greater public convenience. The 7-Eleven convenience store will offer the same convenience for purchasing alcohol as other retailers in the area. 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 feel that the finding of public convenience or necessity could be made.

PARKING

The West Covina Development Code requires one (1) parking space for every two hundred and fifty (250) square feet of floor area. As such, the required number of parking spaces for the subject site is nine (9) parking spaces, which is currently provided, thus meets the minimum required parking ratio. The business operator shall work with staff to address any parking issues, should they arise. 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 the approval of a CUP 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 Neighborhood Commercial Mixed-Use Zone. The Neighborhood Commercial Mixed-Use 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 to allow the sales of of distilled spirits, in addition to the existing sale of beer and wine, for off-site consumption within an existing 2,400 square-foot convenience store. The 7-Eleven convenience store would offer the same convenience for purchasing alcohol as other retailers in the area. 

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 is to allow the sales of distilled spirits, in addition to the existing sale of beer and wine, for off-site consumption, within an existing 2,400 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 to the hours of 6:00 a.m. to 2:00 a.m. 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 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 the existing use. The convenience store is a long-standing facility that has provided sufficient parking on site for years. There is no evidence that the upgrade/modification of the alcohol license for the 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 East Valley Boulevard and can be accessed directly by the street. The convenience store is a long-standing facility and use. There is no evidence that the upgrade/modification of the alcohol license for the 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 sale of beer, wine, and distilled spirits for off-site consumption, 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.


 

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.

Pursuant to the California Environmental Quality Act (CEQA), the proposed project is eligible for a categorical exemption, 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.

Staff recommend that the Planning Commission adopt Resolution No. 25-6171 approving Conditional Use Permit No. 25-02.

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.