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PC - 2009-08 - Approving Conditional Use Permit 93-591 to Expand an Existing Market Located at 8150 Garvey Avenue11 PC RESOLUTION 09-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 93-591 (MODIFICATION), TO EXPAND AN EXISTING MARKET, LOCATED AT 8150 GARVEY AVENUE, UNIT 121 IN THE C-3 (MEDIUM COMMERCIAL) ZONE. (APN: 5284-001-030) WHEREAS, on February 26, 2009, The Square Group, LLC filed an application to modify Conditional Use Permit 93-591, to expand an existing market located at 8150 Garvey Avenue, Unit 121; and WHEREAS, 8150 Garvey Avenue is located in the C-3 (Medium Commercial) zone; and WHEREAS, Section 17.112.020(9) of the Rosemead Municipal Code (RMC) allows "off-sale alcohol licenses in the C-1, C-3, CBD and M zones upon the granting of a Conditional Use Permit (CUP)." Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS, on March 26, 2009, eighty-seven (87) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in five (5) public locations and on-site, specifying the availability of the application, plus the date, time and location of the public, hearing for Conditional Use Permit 93-591 (Modification); and WHEREAS, on April 6, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 93-591 (Modification); and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. • • NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional Use Permit 93-591 (Modification) is Categorically Exempt from environmental review as a Class 9 Exemption pursuant to Section 15309 of the California Environmental Quality Act (CEQA). SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 93-591 (Modification) according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The Conditional Use Permit applied for is authorized by the provisions of this title and that the granting of such conditional use permits will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located. FINDING: Staff finds this request to be consistent with land uses in the general area with no foreseeable negative impacts to the adjacent neighborhood. The proposed interior expansion includes demolishing the demising wall located between the supermarket and the produce market that is currently under construction. The demolition of this wall will add 6,300 square feet of floor area to the existing supermarket, totaling the floor area of the supermarket to 29,376 square feet. This site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. Regular inspections by the Planning Division, State ABC and the Sheriffs Department will ensure that the location is monitored for compliance with conditions of approval and ensuring that the business of selling alcohol at this site does not become detrimental to the persons residing or working in the area. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood. FINDING: The site is designated in the General Plan as Mixed Use (Residential/Commercial). The proposed use is located within an established commercial district of the City. The proposed use is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will contribute to the economic well being of the commercial areas of the City. Conditions have been added to protect the adjacent residential neighborhoods from being affected by this commercial establishment. Therefore, the project is not anticipated to be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood. • • C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the general welfare of the City. FINDING: The proposed use will not be detrimental or injurious to the general welfare of the City as conditions of approval have been incorporated upon the issuance of this permit. The City of Rosemead Public Safety Center has found no unusual situation or concern at the subject site. Staff feels that the market expansion will not create negative impacts to the general welfare of the City. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 93-591 (Modification), to allow the existing market expansion located at 8150 Garvey Avenue, Unit 121, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4. This resolution is the result of an action taken by the Planning Commission on April 6, 2009, by the following vote: YES: GAY, KUNIOKA AND LOPEZ NO: NONE ABSENT: CAM AND VUU ABSTAIN: NONE SECTION 5. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 6th day of April, 2009. 0 aniel Lop , Ch it n CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 6th day of April, 2009 by the following vote: YES: GAY, KUNIOKA AND LOPEZ NO: NONE ABSENT: CAM AND VUU ABSTAIN: NONE C 9 SECTION 5. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 6m day of April, 2009. ' Sheri Bermejo, Se etary • • EXHIBIT "B" CONDITIONAL USE PERMIT 93-591 (MODIFICATION) (APN: 5284-001-030) CONDITIONS OF APPROVAL April 6, 2009 1. Conditional Use Permit 93-591 (Modification) is approved to expand the existing market, to be developed in accordance with the architectural plans marked Exhibit "C", dated March 30, 2009. Any revisions to the approved plans must be resubmitted for review and approval by the City of Rosemead Planning Division. 2. Conditional Use Permit 93-591 is approved for an off-sale general (Type 21) license in conjunction with a bona fide supermarket from the California State Alcohol Beverage Control Board. All requirements and appropriate license of the California State Alcohol Beverage Control Board shall be complied with and maintained at all times. A copy of the current license shall be provided to the Planning Division prior to occupancy. 3. Approval of Conditional Use Permit 93-591 (Modification) shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he/she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 4. Conditional Use Permit 93-591 (Modification) is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use, or request an extension within 30-calendar days before expiration of the initial 6 month approval period. Otherwise, Conditional Use Permit 93-591 (Modification) shall become null and void. 5. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved plans where necessary. 6. Conditional Use Permit 93-591 (Modification) is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval, based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the city, its Planning Commission, and City Council to review and revoke or modify any • • permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on this Conditional Use Permit 93-591 (Modification). 7. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 8. All conditions of approval must be complied with to the satisfaction of the Planning Division, prior to final inspection. 9. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions for review. 10. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. Prior to occupancy, all requirements and appropriate licenses of the State of California shall be complied with and maintained at all times. 11. Construction activities shall be limited to take place between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or any legal holidays. 12. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10-day appeal period of Conditional Use Permit 93-591 (Modification). 13. No portion of the lot, outside of the building, shall be used for storage of any type. All trash and debris shall be contained within approved trash enclosure. 14. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. The trash enclosure doors shall be closed at all times. 15. The applicant shall maintain a minimum clearance of five (5) feet (free of • • any debris, storage, furniture, etc.) from any electrical/mechanical equipment and/or emergency exits. 16. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of'A inch, contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the Planning Division. 17. All open area not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 18. The applicant shall comply with Ordinance No. 567, which requires the posting of a sign prohibiting consumption of alcoholic beverages adjacent to the premises within the parking lot and public sidewalks. Said signs are subject to the approval of the Planning Division. 19. All trash, rubbish and garbage receptacles shall be regularly cleaned, and inspected and maintained in a clean, safe and sanitary condition. Food and liquid waste shall be packaged in a manner to prevent leakage. 20. Signs shall comply with the master sign program and Chapter 17.104 of the Rosemead Municipal Code. 21. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped and have wheel stops. Such striping shall be maintained in a clear, visible, and orderly manner. 22. At least two (2) percent of the required parking shall be designated for handicap space pursuant to California Vehicle Code Section 22511.8. A letter by the property owner shall be given to the City authorizing enforcement. 23. All graffiti shall be removed from the site. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24-hour, Graffiti Hotline can be called at (626) 569-2345 for assistance. 24. Adequate lighting shall be provided in the vehicle parking area. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. • • 25. Any changes to the conditions of operation listed in this Exhibit "B" must first be approved by the Planning Commission through a modification application. 26. The floor plan shall not be altered or deviated in any form from the approved floor plan, shown in Exhibit "C" (on file). 27. Applicant shall be compliance with the requirements of and maintain in good standing a City issued business license. 28. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 9:00 a.m. to 10:30 p.m., daily. 29. No new doors shall be installed on the west side of the building, adjacent to Pine Street. 30. All new ground level mechanical/utility equipment (including meters, back flow preservation devices, fire valves, A/C condensers, furnaces, utility cabinets and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right of way or other public space within the development. The City Planner shall approve said screening prior to installation. 31. All holiday lighting shall be removed from the parking lot area. 32. All landscaped areas on the subject site shall be maintained with adequate landscaping on a regular basis, including the removal of trash and litter, the replanting of dead or missing shrubs and plants, as well as periodic pruning of dead limbs and branches as necessary. 33. The painted wall sign on the northwest corner of Building A and the southeast corner of Building B shall be removed. 34. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. 35. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings.