Board of Zoning Appeals Denies Store Owner Permit That Would Have Allowed More Alcohol Sales

Linda Rosa Market will not be selling a full line of alcoholic beverages.

The Board of Zoning Appeals (BZA) upheld a hearing officer’s decision and denied the market owner’s efforts to get a conditional use permit (CUP) that would have allowed customers to purchase a full complement of alcohol and spirits.

Three other liquor stores are located within a mile of the market. 

The BZA found that the CUP would adversely affect the  general welfare of the surrounding property owners, result in an undesirable concentration of premises for the sale of alcoholic beverages in the area, detrimentally affect the nearby surrounding area, aggravate proposed problems created by the sale of alcohol, and is not in conformance with the goals, policies, and objectives of the city’s General Plan.

“A lot of people come there and shop and they want distilled spirits and then they have to leave and go somewhere else and get that,” said Kevin Franklin, an applicant representative and retired special agent with the state Department of Alcoholic Beverage Control, ABC.  

The City Council could stay the decision and request that it be  called up for review. A request for council review would have to be made before June 1. 

Police have responded to dozens of calls for service near and around a Pasadena neighborhood store that is seeking a CUP to sell a full line of alcoholic beverages, including spirits, according to a city staff report. 

From Jan. 27 to May 10, Pasadena police reported responding to 55 calls for service within 500 feet of the Linda Rosa Market, located in the 1800 block of East Villa Street. The calls included complaints about theft, public disturbances, loitering, vandalism, burglary and public drunkenness — and that was with the store selling only beer and wine. 

Last year, police reported a total of 192 calls for service within 500 feet of the store. 

“All of those crimes happened when they were closed,” Franklin said. “They have early closing hours.”

In order to receive the CUP, the BZA needed to find that five conditions would be met by selling a full line of alcoholic beverages:

• A substantial net employment gain on the site
• A substantial increase in business taxes
• A determination that the store is a unique business addition to the community
• The store will contribute to long-term overall economic development goals of the area
• The project will result in a positive upgrading of the area 

When the matter came before a city hearing officer in February, it was determined those conditions would not be met if a full line of alcoholic beverages was sold at the store.

The market is considered “deemed approved” and began operation before owners were required to follow regulations and obtain conditional use permits, which can limit hours of operation and other business functions. 

Over the years, the city has fought to bring some “deemed approved” liquor stores into compliance.

Super Liquor and Walt’s Liquor Store on Orange Grove Boulevard were forced to operate under refined restrictions that forced owners to place stickers with the business’ name on bottles of liquor and limit the stores’ operating hours under the city’s “deemed-approved” ordinance which forces all liquor stores to operate under the same city-mandated standards.

“All of the community wants them to have the license,” Franklin said.