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PC - 2010-23 - Approving Conditional Use Permit 10.04 and Public Covenience ir Necessity 10.01 for off sale Beer and Wine ABC License for Walgreens at 2750 San Gabriel PC RESOLUTION 10-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 10-04 AND PUBLIC CONVENIENCE OR NECESSITY (PCN) 10-01, FOR A NEW OFF-SALE BEER AND WINE (TYPE 20) ABC LICENSE FOR WALGREENS, LOCATED AT 2750 SAN GABRIEL BOULEVARD IN THE C-3 (MEDIUM COMMERCIAL) AND C-313 (MEDIUM COMMERCIAL WITH DESIGN OVERLY) ZONE (APN: 5283-010-038). WHEREAS, on April 20, 2010, Walgreens filed a Conditional Use Permit application requesting approval for a new Off-Sale Beer and Wine (Type 20) ABC license in conjunction with a retail drugstore located at 2750 San Gabriel Boulevard; and WHEREAS, on July 1, 2010, Walgreens filed a Public Convenience or Necessity determination application requesting that the City determine that the off-sale of beer and wine at retail drugstore located at 2750 San Gabriel Boulevard would serve the public convenience or necessity; and WHEREAS, 2750 San Gabriel boulevard is located in the C-3 (Medium Commercial) zone and the C-3D (Medium Commercial Zone with a Design (D) Overlay) 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." Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: • The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan; and • The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof; and • The granting of such conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. WHEREAS, Section 17.112.100 of the Rosemead Municipal Code states that in addition to the general findings required for the issuance of a Conditional Use Permit, the Planning Commission, or on appeal the City Council, shall find that each of the following facts or conditions exist, prior to the issuance of a new Conditional Use Permit authorizing the sale of alcoholic beverages: 1 The proposed use complies with all requirements set forth for the issuance of a conditional use permit; • The proposed use will not present problems including, but not limited to, loitering, obstruction of pedestrian traffic, increased vehicular traffic, increased parking demand, crime, interference with children on their way to school, interference with shoppers using streets, defacement and damage to property; • The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; • The use shall not adversely affect the welfare of area residents or result in undue concentration in the neighborhood of establishments dispensing alcoholic beverages including beer and wine. Consideration shall be given regarding whether the proposed use will detrimentally affect nearby residentially zoned communities, considering distance to residential buildings, churches, schools, hospitals, public playgrounds, and other establishments dispensing alcoholic beverages. WHEREAS, City Council Resolution No. 2010-34 establishes the following criteria for evaluating whether public convenience or necessity will be served by the issuance of an on-sale or an off-sale alcohol license when an undue concentration of alcohol licenses or reported crimes exists: • Whether the issuance involves an existing business with a license which is being transferred to a new location, and which will not result in an increase in the total number of off-sale retail liquor licenses or on-sale retail liquor licenses in the City, or in the census tract in which the business would be located. • Whether the business, by reason of its location, character, manner or method of operation, merchandise, or potential clientele, will serve a segment of the City's businesses or residents not presently being served. • Whether the business will be located within 1000-foot radius of incompatible land uses such as public and private schools, day care centers, churches, parks and alcohol rehabilitation centers and facilities designed to operate and serve minors. • Whether the location of the business will be in a crime data area covered by Sheriff Department statistics, which has a twenty percent (20%) greater number of "reported crimes" than the average number of report crimes for all the crime data areas in the City, over the previous year. For this purpose, "reported crimes" means reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all other arrests for other misdemeanor or felony crimes, except traffic citations. • Whether the issuance of the license involves an existing business, which has been located at a site which has had three or more "reported crimes" within the previous one year period. 2 Whether the issuance of the license would enhance or facilitate the vitality of an existing commercial area without being detrimental to the health, safety, and welfare of the community. Whether the off-sale of alcoholic beverages is incidental and appurtenant to a larger retail use and provides a more complete and convenient shopping experience. Whether the issuance of the license will promote the goals and policies of the City's General Plan, any applicable specific plan, or any similar policies that have been formally adopted by the City Council. Whether any other information supplied by the applicant, or other competent evidence shows that the public convenience or necessity will be served by the issuance of the license 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, Sections 17.112.010 of the Rosemead Municipal Code specifies the criteria by which a Conditional Use Permit may be granted; and WHEREAS, City Council Resolution No. 2010-34 specifies the criteria by which a finding of public convenience or necessity may be granted; and WHEREAS, on July 9, 2010, thirty-nine (39) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in six (6) 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 10-04, and on July 9, 2010, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on July 19, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 10-04 and PCN 10-01; 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 10-04 and PCN 10-01 is Categorically Exempt under Section 15303 of the California Environmental Quality Act (CEQA) guidelines. This section exempts projects that consist of operation, repair, maintenance, permitting, licensing, leasing or minor alteration of existing public or private structures involving negligible or no expansion of an existing use beyond that existing at the time of the Lead Agency's determination. of the California Environmental Quality Act (CEQA) and local environmental guidelines. Accordingly, Conditional Use Permit 10-04 and PCN 10-01 are classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 10-04 according to the Criteria of Chapter 17.112.010 and 17.112.100 of the Rosemead Municipal Code as follows: A. The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. FINDING: The proposed use is located within an established commercial district of the City, and is designated Commercial in the General Plan. Goal 2 of the Land Use Element is to expand opportunities for concentrated commercial and industrial uses that contribute jobs and tax revenues to the community. The proposed incidental off-site sale of beer and wine will provide a more full service shopping experience for existing customers and attract new customers to the business. 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: Walgreens is proposing the incidental off-site sales of beer and wine for the existing store at 2750 San Gabriel Boulevard. The intent is to provide convenience to existing customers while shopping for the goods and services offered at the store. The modest addition of beer and wine will provide an additional amenity for the neighborhood in a safe, convenient location operated by a trusted brand. Beer and wine will be stored at the rear of the store in coolers and on shelves that are not visible from the exterior. There will be no visible exterior advertizing or signage that would signify that beer and wine is sold within the store. There will be no on-site consumption, loitering, littering, sales to minors or other activities allowed that might be associated with establishments that offer on-site consumption of alcoholic beverages. The site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. Regular site inspections by the Public Safety, State ABC and the Sheriff's Department will be conducted to ensure that the location is monitored for compliance with applicable local, state, federal laws and shall not be detrimental to the surrounding communities. In addition, conditions of approval have been added to protect the. adjacent residential neighborhoods from being affected by this commercial establishment. Therefore, the incidental off-site sales of beer and wine would not be detrimental to the health, safety, peace, morals, comfort or general 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, be detrimental or injurious to the general welfare of the City; 4 FINDING: The City anticipates that the proposed use will not endanger or otherwise constitute a menace to the City or surrounding properties. Maintenance and operational conditions have been added to minimize possible potential negative impacts to the surrounding neighborhood. These conditions include prohibiting beer and wine advertisements in the windows of the store. In addition, the City of Rosemead Public Safety Center and Chief of Police have found no unusual situation or concern at the subject site. The existing store has operated since 2004 and has been a benefit to the neighborhood and community. The applicant is proposing the incidental off-site sales of beer and wine for its existing customers as a convenience while shopping for the goods and services currently offered at the store. Walgreens employs extensive security measures, employee training, strict policies for sales, age limit monitoring, facility monitoring, and security cameras that help protect the property and improvements in the neighborhood and the general welfare of the City from detrimental or injurious activities as the result of incidental of-site sales of beer and wine. D. The proposed use complies with all requirements set forth for the issuance of a conditional use permit. FINDING: Walgreens is applying for a Conditional Use Permit for the off-sales of beer and wine at the store and upon approval as conditioned, will comply with such conditions as set forth in the Conditional Use Permit. E. The proposed use will not present problems including, but not limited to, loitering, obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with children on their way to school, interference with shoppers using streets, defacement and damage to structures; FINDING: The granting of such Conditional Use Permit will not have an adverse effect to the public health and general welfare. The selling of a limited selection of beer and wine will make up a small portion of the overall store floor area and sales and is tailored to provide a safe, convenient alternative to meet the needs for existing customers of the store. The safest and most desirable manner of selling beer and wine is from within a larger store whose merchandise is varied, thereby precluding some of the loitering and public safety issues that can arise with liquor sales. The modest selection of beer and wine will add to the variety of products available to customers that include non-prescription and prescription drugs, and general merchandise that includes beauty care, personal care, household items, candy and convenience food, photofinishing, and greeting cards. As conditioned herein, operational and alcohol- related issues have been comprehensively addressed to safeguard and insure the public welfare and to provide for their convenience. The store includes security cameras and public view monitors to deter criminal activity and promote a safe environment. The digital images captured from these devices are stored for up to 90 days on a Digital Video Recorder and give applicant the capability to share images of thieves with local law enforcement agencies. 5 According to the applicant, Walgreens employees for each eligible store must undergo extensive training prior to beer and wine availability at an individual location. Once trained, all employees regardless of age must sign a Sale of Alcoholic Beverages Policy acknowledgement letter at the beginning of each shift. All employees will also complete any local or state required training before. they can sell beer or wine. Employees are automatically enrolled in these training courses and new employees also will complete the alcohol sales training and policy procedures on their first day of employment. The Applicant's established policy states that employees must request identification for any customer attempting to purchase alcohol who appears to be under the age of 40. The register prompts employees to ensure compliance before proceeding with the transaction and all under age employees are required to seek the assistance of a manager. F. The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; FINDING: The proposed off-sale of beer and wine are sold as incidental products to the. goods and services typically sold at the pharmacy. There will be no external signage or advertizing on the store that would provide any notice to the surrounding commercially zoned property that such beer and wine is sold at the store. The beer and wine is packaged and taken off premises for consumption and there will be no on-site consumption permitted. Therefore, the off-sales of beer and wine would not lessen the suitability of nearby commercially zoned properties for commercial use. G. The use shall not adversely affect the welfare of area residents or result in undue concentration in the neighborhood of establishments dispensing alcoholic beverages, including beer and wine. Consideration shall be given regarding whether the proposed use will detrimentally affect nearby residentially zoned communities, considering distance to residential buildings, churches, schools, hospitals, public playgrounds, and other establishments dispensing alcoholic beverages. FINDING: A sensitive use within 1,000 feet of the store consists of a public park located on the north side of Garvey and is approximately 600 feet from the Walgreens store. The entrance to the park is from the north through the adjoining subdivision. There would likely be no adverse affect to this park if the Conditional Use Permit is approved due the distance from the store, as well as the separation created by Garvey. There is a small preschool approximately 800 feet to the north located on a side street from San Gabriel. There would likely be no adverse affect to this pre-school if the Conditional Use Permit is approved due the distance from the store, as well as buffering by other commercial uses on a busy thoroughfare and there would not likely be any children visiting the store unless accompanied by their parents. There are residential properties adjacent to the store to the south and southeast. These residences would likely be potential customers at the store. Walgreens proposes to avoid potential adverse affects of the incidental sales of beer and wine for off-site consumption because of its strict sales policies and security measures that the store will provide. 6 H. The burden of proving that the proposed use will not adversely affect the welfare of nearby residents, result in undue concentration of alcoholic beverage outlets, or detrimentally affect nearby residentially zoned communities shall be the applicant's. FINDING: The applicant is requesting the authorization to sell beer and wine only for off-site consumption in conjunction with an existing pharmacy. The sales of beer and wine will be significantly different from typical liquor stores which usually offer a wide range of alcoholic beverages, both in terms of price and type. It is not anticipated that the addition of beer and wine that comprises 1% of the total floor and 5% of the total sales of the existing store would exacerbate existing levels of crime or be a magnet for criminal activity. The modest selection will be tailored to provide a safe, convenient alternative to meet the needs for the Walgreens existing consumer base. 1. This section shall not be applicable to applications necessitated by a change in ownership. This section shall not be applicable to the review process for extensions of existing conditional use permits. FINDING: Neither of these two conditions applies to the store therefore; this Section applies to the application for an off-sales Conditional use permits SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that the public convenience or necessity would be serviced by the issuance of the off- sale alcohol license according to the Criteria of City Council Resolution No. 2010-34 as follows: A. Whether the issuance involves an existing business with a license which is being transferred to a new location, and which will not result in an increase in the total number of off-sale retail liquor licenses or on-sale retail liquor licenses in the City, or in the census tract in which the business would be located.. FINDING: This Walgreens store does not have a liquor license that was relocated from a previous location and does not presently have any retail off-site liquor or on-site licenses. According to ABC there are five licenses allowed in the census tract and only two exist, therefore the addition of this offsite license would not create an undue concentration of alcohol licenses. B. Whether the business, by reason of its location, character, manner or method of operation, merchandise, or potential clientele, will serve a segment of the City's businesses or residents not presently being served. FINDING: The Walgreens store was built at this location in order to serve a segment of the City in order to provide the service of a pharmacy, as well as goods and services typically provided at a pharmacy such as beauty care, personal care, household items, candy, photofinishing, greeting cards, seasonal items, and convenience food. 7 The applicant is proposing the incidental off-site sales of beer and wine for its existing customers as a convenience while shopping for the goods and services typically sold at a pharmacy. The beer and wine are stored at the rear of the store in coolers and on shelves that are not visible from the exterior. The applicant has extensive security measures, employee training, strict policies for sales, age limit monitoring, facility monitoring, and security cameras that help protect the property and improvements in the neighborhood and the general welfare of the City from detrimental or injurious activities as the result of incidental of-site sales of alcoholic beverages at the store. C. Whether the business will be located within 1000-foot radius of incompatible land uses such as public and private schools, day care centers, churches, parks and alcohol rehabilitation centers and facilities designed to operate and serve minors. FINDING: The Walgreens store was previously approved as a compatible land use in an existing commercial area by Conditional Use Permit No. Conditional Use Permit 03-919 in the vicinity of such sensitive uses as public or private schools, day care centers, churches, parks and alcohol rehabilitation centers and facilities designed to operate and serve minors. Although there are several "incompatible" (by definition) land uses were identified within 1,000 feet of the store, each instance has its own unique circumstance that such incompatibility is mitigated by the applicants incidental offering of beer and wine, physical location, method of operation and security methods. There is a public park located on the north side of Garvey Avenue and that is approximately 600 feet from the store. The entrance. to the park is from the north through the adjoining subdivision. There would be no adverse affect to this park if the Conditional Use Permit is approved due the distance from the store as well as the separation created by the major thoroughfare of Garvey Avenue. There is a small preschool approximately 800 feet to the north located on a side street from San Gabriel Boulevard. There would likely be no adverse affect to this pre-school if the Conditional Use Permit is approved due the distance and no direct access to the store, as well as buffering by other commercial uses on a busy thoroughfare. There would not likely be any children of preschool age walking to or visiting the store unless accompanied by their parents. D. Whether the location of the business will be in a crime data area covered by Sheriff Department statistics, which has a twenty percent (20%) greater number of "reported crimes" than the average number of report crimes for all the crime data areas in the City, over the previous year. For this purpose, "reported crimes" means reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all other arrests for other misdemeanor or felony crimes, except traffic citations. 8 FINDING: According to ABC, within the City there were 2,677 crimes reported for seven (7) reporting districts within a twelve-month period, resulting in an average number of reported crimes per district of 382. The actual number of reported crimes in this reporting district was 458 which is exactly 20% higher than the average within the City. The Walgreens store is located in an area considered to be in an area of undue concentration crime by ABC. Therefore, the applicant is requesting the authorization from the City to sell beer and wine only for off-site consumption in conjunction with an existing store. Although the reporting districts are shown to be in a potentially high crime district, the Walgreens store will be significantly different from typical liquor stores which usually offer a wide range of alcoholic beverages, both in terms of price and type. The addition of beer and wine, that comprises 1% of the total floor area and 5% of the total sales of the existing store, would not exacerbate existing levels of crime or be a magnet for criminal activity. The modest selection will be tailored to provide a safe, convenient alternative to meet the needs for the applicant's existing consumer base. E. Whether the issuance of the license involves an existing business, which has been located at a site which has had three or more "reported crimes" within the previous one year period. FINDING: The operation, of the existing Walgreens as a retail pharmacy has not had three or more known crimes on-site within a one-year period. F. Whether the issuance of the license would enhance or facilitate the vitality of an existing commercial area without being detrimental to the health, safety, and welfare of the community. FINDING: The applicant is proposing the incidental off-site sales of beer and wine for its existing customers as a convenience while shopping for the goods and services typically sold at a pharmacy. The beer and wine is stored at the rear of the store in coolers and on shelves that are not visible from the exterior. The applicant has extensive security measures, employee training, strict policies for sales, age limit monitoring, facility monitoring, and security cameras that help protect the property and improvements in the neighborhood and the general welfare of the City from detrimental or injurious effects to the health, safety and welfare of the community as the result of incidental off-site sales of beer and wine at the store. The issuance of the license would enhance the customer experience at the store by providing a one-stop outlet for beer and wine for those who are already shopping at the store for the other goods and services offered such.as beauty care, personal care, household items, candy, photofinishing, greeting cards, seasonal items, and convenience food. G. Whether the off-sale of alcoholic beverages is incidental and appurtenant to a larger retail use and provides a more complete and convenient shopping experience. 9 FINDING: The Applicant proposes to offer a limited selection of beer and wine that will make up a small portion of the existing store floor area which is incidental and appurtenant to the primary use as a pharmacy. The modest selection will be tailored to provide a safe, convenient alternative to meet the needs of the applicant's existing customers. The modest addition of wine and beer will provide an additional amenity for the neighborhood in a safe, convenient location operated by a trusted brand. The store will not contain any type of use which may typically be associated with adverse effects upon the economic health of a neighborhood, such as a liquor store, stand-alone bar or nightclub. The sales of beer and wine will be significantly different from typical liquor stores which usually offer a wide range of alcoholic beverages, both in terms of price and type. The addition of beer and wine that comprises less than 1% of the total floor area of the existing store (approximately 120 square feet) would not exacerbate existing levels of crime or be a magnet for criminal activity. H. Whether the issuance of the license will promote the goals and policies of the City's General Plan, any applicable specific plan, or any similar policies that have been formally adopted by the City Council. FINDING: The General Plan does not specifically designate uses permitted by a Conditional Use Permit. There are no applicable specific plans for this geographic area of the City. Rosemead Municipal Code Chapter 17.112 permits the requested use subject to a Conditional Use Permit within the zones corresponding to the land use designation within the General Plan. The Site is zoned C-3 (Medium Commercial) and C-3D (Medium Commercial with a Design Overlay) and designated as Commercial by the General Plan which allows for a wide range of neighborhood serving commercial uses. The site is located in a significant commercial corridor that offers a wide range of neighborhood-supporting retail and commercial services that includes the existing Walgreens store. The immediate surrounding area is characterized by a variety of commercial and residential development including a former car auction facility to the west, meat market to the north, residential properties to the east and south and commercial shops and medical offices to the south. The existing store has already been determined to be in harmony with the General Plan and not detrimental to the character of development in the immediate neighborhood pursuant to Conditional Use Permit 03-919 approved in 2003 for the Walgreens Center. The modest addition of beer and wine at the existing store will meet the community goal objective to preserve and strengthen viable commercial development and provide additional opportunities for new commercial development and services. Beer and wine will comprise less than 1% of the total floor area and comprise less than 5% of the total sales of the store that is composed of a variety of general merchandising items. The addition of wine and beer will provide an additional amenity for the neighborhood in a safe, convenient location operated by a trusted brand. The store will not contain any type of use which may typically be associated with adverse effects upon the economic health of a neighborhood, such as a liquor store, stand-alone bar or nightclub. 10 I. Whether any other information supplied by the applicant, or other competent evidence shows that the public convenience or necessity will be served by the issuance of the license FINDING: The modest addition of beer and wine will provide an additional amenity for the neighborhood in a safe, convenient location operated by a trusted brand. The intent behind offering beer and wine at this store fulfills the commitment of the applicant to save its customers time and money with the convenience of one-stop shopping. Thus, the same customers who currently shop at the Walgreens store will continue to shop there, with the new option of being able to purchase beer and wine at the store as opposed to some other possibly more distant and inconvenient location. As such, the sale of beer and wine for off-site consumption will not change the existing numbers of customers at the store and because of the volume of goods the store sells on a daily basis, devoting this small amount of shelf and refrigerator space to sell beer and wine will not materially increase the number of truck deliveries or vehicles that currently come to the store. In addition, there will be no additional traffic generated by the addition of beer and wine, and as a result, there will be no need for additional parking or loading spaces. The applicant employs a variety of security strategies to ensure the safety of their customers as well as the security of their merchandise. Security cameras and public view monitors are installed to deter criminal activity and promote a safe environment. The digital images captured from these devices are stored for up to 90 days on a Digital Video Recorder and give Walgreens the capability to share images of thieves with the applicant's other stores and local law enforcement agencies. Additionally, beer and wine will be positioned on the opposite end of the store from where the entrance is located. This will force customers to walk the length of the store serving as an additional deterrent. Beer and wine will be merchandised and sold with a high degree of responsibility and conscientiousness. Detailed policies and procedures are already in place, and are strictly enforced by Walgreens without exception. According to the applicant, the Applicant's employees for each eligible store must undergo extensive training prior to beer and wine availability at an individual location. Once trained, all employees regardless of age must sign a Sale of Alcoholic Beverages Policy acknowledgement letter at the beginning of each shift. All employees will also complete any local or state required training before they can sell beer or wine. Alcohol sales training and policy acknowledgements are conducted annually every March. Employees are automatically enrolled in these training courses and new employees also will complete the alcohol sales training and policy procedures on their first day of employment. The Applicant's established policy states that employees must request identification for any customer attempting to purchase alcohol who appears to be under the age of 40. The register prompts employees to ensure compliance before proceeding with the transaction and all under age employees are required to seek the assistance of a manager. It SECTION 4. The Planning Commission HEREBY APPROVES Conditional Use Permit 10-04 and PCN 10-01, to allow the issuance of a new Off-Sale Beer and Wine (Type 20) ABC license in conjunction with a retail establishment located at 2750 San Gabriel Boulevard. SECTION 5. This resolution is the result of an action taken by the Planning Commission on July 19, 2010, by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER, AND RUIZ NO: NONE ABSENT: NONE ABSTAIN: NONE SECTION 6. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and to the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this.19=h-da/y of July,,, 2010. ^~t/~ 4 ' v~wGQJ ' William Alarcon, Chairman 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 19th day of July, 2010, by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER, AND RUIZ NO: NONE ABSENT: NONE ABSTAIN: NONE Stan ong, Secretary 12 EXHIBIT "B" CONDITIONAL USE PERMIT 10-04 PCN 10-01 2750 San Gabriel Boulevard CONDITIONS OF APPROVAL July 19, 2010 1. Conditional Use Permit 10-04 and PCN 10-01 is approved for a new Off-Sale Beer and Wine (Type 20) ABC license in conjunction with a retail establishment, to be developed in accordance with the plans marked Exhibit "C", dated June 16, 2010. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Conditional Use Permit 10-04 and PCN 10-01 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. 3. Conditional Use Permit 10-04 and PCN 10-01 are approved for a period of six (6) months. The applicant shall commence the proposed use or request an extension within 30-calendar days prior to expiration. The six (6) months initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If Conditional Use Permit 10-04 and PCN 10-01 have been unused, abandoned or discontinued for a period of six (6) months it shall become null and void. 4. Conditional Use Permit 10-04 and PCN 10-01 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 Conditional Use Permit 10-04 and PCN 10-01. 5. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding 13 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. 6. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 7. The following conditions must be complied with to the satisfaction of the Planning Department prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 8. All conditions of previous Conditional Use Permit No. 03-319 must be complied with to the satisfaction of the Planning Division. 9. All requirements and appropriate licenses of the State of California and California State Department of Alcohol Beverage Control shall be complied with and maintained at all times. No alcohol is to be sold for the purpose of on-site consumption. Conditional Use Permit 10-04 and PCN 10-01 is for an Off-Sale Beer and Wine (Type 20) alcohol license in conjunction with a retail establishment only. 10. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Window signs shall not cover more than 15% of window and glass door areas. All banners and temporary signs shall be permitted by the Rosemead Planning Department prior to installation. Wall signs and tenant identification signs shall be reviewed and approved by the Rosemead Planning Department prior to installation. 11. No advertisements or illuminated signs shall be displayed that are visible from the exterior of the retail drugstore which advertises alcoholic beverages. 12. Interior lighting shall be maintained at an illumination level to the satisfaction of the Planning Division. 13. The property shall comply with all appropriate Federal, State, and Local laws relative to the approved use including the requirements of the Planning, Building, Fire, and Health Department regulations. 14. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010, .020, .030 and .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. 15. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, 14 and maintained in a clean, safe, and sanitary condition. Any activity related to the operation of the retail drugstore involving the handling or disposing waste materials shall comply with local, state and federal laws and policies. 16. 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) 307-0463 for assistance. r 17. A current letter grade issued to the business by the LA County Department of Health Services shall be properly posted at the store. 18. All landscaped areas on the property shall be maintained with adequate landscaping and shall be maintained on a regular basis including the removal of trash and litter. 19. The parking area, including handicapped spaces, shall be paved and re-painted periodically to City standards, to the satisfaction of the Planning Department. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such striping shall be maintained in a clear, visible, and orderly manner. 20. The applicant shall ensure that the address number is posted over the entrance to the store. The numbers of the suite sign shall be at least six (6) inches tall with a minimum character width of inch contrasting in color and easily visible at driver's street level. 21. The applicant shall keep the electrical and mechanical equipment and/or - emergency exits free of any debris, storage, furniture, etc and maintain a minimum clearance of five (5) feet. 22. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., daily. 23. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings. 24. The applicant shall comply with all laws of the Alcoholic Beverage Control Act, as defined in Division 9 of the California Business and Professions Code. Should the Alcoholic Beverage License be revoked for any purpose, this Conditional Use Permit shall become invalid. This Conditional Use Permit may be revoked by the City of Rosemead even if the State of California Department of Alcoholic Beverage Control license is still valid. 25. In case the business experiences loitering problems, the business owner shall contact the Los Angeles County Sheriff's Department to discuss possible solutions pertaining to loitering and measures that can be implemented to deter 15 congregating of juveniles and transients outside the store. 26. Prior to commencement of the sale of alcohol, the store owner shall comply with Ordinance No. 567, which requires the posting of a sign prohibiting consumption of alcoholic beverages on site or adjacent to the premises within parking lots and public sidewalks. The size, location, and materials of the signs shall be reviewed and approved by the Planning Division and the Sheriff's Department prior to installation. 27. A 24-hour electronic surveillance system shall be designed and installed to the satisfaction of the Sheriff's Department, which shall include surveillance of arrivals, departures, and parking areas from the store. It is the applicant's responsibility to keep electronic (tapes) copies of surveillance for a minimum of thirty (30) days. 28. The applicant will be required to replace all graffiti covered informational and directional signs and repaint all graffiti covered bollards. 29. All signs, flyers, and other material must be removed from all of the light poles in the parking lots. 30. 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 10-04 and PCN 10-01. 31. Prior to any final inspections, the applicant shall verify that all Certificate(s) of Occupancy and Business License(s) are current. (Added by the Planning Commission on July 19, 2010). 16