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PC - 1993-40 - Granting Conditional Use Permit 93-592PC RESOLUTION 93-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING CONDITIONAL USE PERMIT 93-592 ALLOWING THE TRANSFER OF AN EXISTING ABC LICENSE FOR PROPERTY LOCATED AT 8232 E. GARVEY AVENUE, ROSEMEAD. THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Planning Commission of the City of Rosemead does hereby find and determine that an application was duly filed by Sandy M. Tran to transfer an existing ABC license for the sale of beer and wine at Pho 79 Restaurant, located at: 8232 E. Garvey #101 and that a public hearing 7:00 p.m. in the Council Valley Boulevard, Rosemead, and purpose of the aforesaid and that a public hearing time and place. was duly scheduled for July 19, 1993, at Chambers of the Rosemead City Hall, 8838 and that notice of the time, date, place, hearing was duly given according to law; was duly conducted at the aforementioned Section 2. The Planning Commission further finds and determines that facts do exist as required by Section 9181, et seq. of the ordinance of the City of Rosemead justifying the granting of a Conditional Use Permit. Section 3. The Planning Commission further finds: 1. The project is in harmony with the elements and objectives of the General Plan. 2. The project will not be detrimental to the surrounding properties. 3. The project is desirable to the public convenience. Section 4. On the basis of evaluation, this project has been determined to qualify for a Categorical Exemption under the provisions of the California Environmental Quality Act. Section 5. Based on the above findings, the Planning Commission hereby grants a Conditional Use Permit for property described in Section 1, subject to the conditions contained within the attached Exhibit A. Section 6. This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in the Zoning Ordinance. Section 7. This resolution is the result of an action taken by the Planning Commission on July 19, 1993, by the following vote: YES: Lowrey, Ruiz, Young, Breen, Ortiz NO : None ABSENT: None ABSTAIN: None Section 8. The secretary shall certify to the adoption of this Resolution and shall transmit copies of same to the applicant and Rosemead City Clerk. APPROVED and ADOPTED this 2nd day of August, 1993. J0 ROBERT K. YOUNG, HAIRMAN EXHIBIT A CONDITIONAL USE PERMIT 93-592 8232 E. GARVEY AVENUE - PHO 79 RESTAURANT CONDITIONS OF APPROVAL JULY 19, 1993 1. The applicant shall maintain the City of Rosemead business license and occupancy permit and satisfy all requirements thereof. 2. All trash must be stored and enclosure maintained in accordance with Sections 5401-5415 of the Rosemead Municipal Code. 3. The walls of all structures on the subject property are to be maintained in a graffiti-free state. 4. The subject property shall be maintained in a clean, weed- and litter-free state in accordance with Sections 5401-5415 of the Rosemead Municipal Code. 5. Signs shall not cover more than 25% of any wall or 15% of any window, nor be portable, as mandated by Section 9906 of the Rosemead Municipal Code. The existing sign shall be removed. 6. The applicant shall comply with all Building, Fire and Health Department requirements. 7. This conditional use permit shall be granted for a six-month period at which time it may be reviewed by the Planning commission. 8. This conditional use permit shall be in accordance with a precise plan approval as shown on Exhibits B & C and the seating capacity of the restaurant shall not exceed the number to be approved by the Fire Department and Building Department of the City. 9. The applicant shall sign a notarized affidavit of agreement to the above conditions and return it to the Planning Department within ten days of approval of this permit. SCUP592 <N., _ • i Resolution 93-40 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 2nd day of August, 1993, by the following vote: YES: Lowrey, Ruiz, Young, Breen, Ortiz NO: None ABSENT: None ABSTAIN: None