Loading...
PC - Item 4C - Modification 10-03 - Traget CorporationROSEMEAD PLANNING COMMISSION STAFF REPORT TO: HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: OCTOBER 4, 2010 SUBJECT: MODIFICATION 10 -03 AND PUBLIC CONVENIENCE OR NECESSITY (PCN) 10 -02 3600 ROSEMEAD BOULEVARD Summary Target Corporation has submitted a Modification application to modify their existing Conditional Use Permit (CUP 04 -951), requesting approval to upgrade their existing Off - Sale Beer and Wine (Type 20) ABC license to an Off -Sale General Alcohol (Type 21) ABC license in conjunction with an existing retail store, as well as expand their hours of operation to 8:00 a.m. to 11:00 p.m. seven days a week and 6 a.m. to midnight during the holiday period. Approval of this request would allow Target to remain open one additional hour seven days a week and one additional hour daily during the holiday season. Lastly, Target is also requesting that the City determine that the issuance the Type 21 ABC license will serve as a public convenience or necessity as required by the State Department of Alcohol Beverage Control (ABC) when a project site is located in a census tract with undue concentration of alcohol licenses and in a crime reporting l district with an undue concentration of crime. The project site is located at 3600 Rosemead Boulevard, in the C3 -D (Medium Commercial with a Design Overlay) zone. Environmental Determination Staff finds the Modification 10 -03 and PCN 10 -02 exempt under Section 15301 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. Accordingly, Modification 10 -03 and PCN 10 -02 are classified as a Class 1 Categorical Exemption pursuant to Section 15301 of the CEQA guidelines. Staff Recommendation Staff recommends that the Planning Commission APPROVE Modification 10 -03 and Planning Commission Meeting October 4, 2010 Paqe 2 of 25 PCN 10 -02 and ADOPT Resolution No. 10 -29 (Exhibit "A ") with findings related to the Modification and Public Convenience or Necessity of the issuance of the alcohol license, and subject to twenty -seven (27) conditions outlined in Exhibit "B" attached hereto. Property History and Description The subject site is located within the Roserr Rosemead Boulevard, on the southeast corner Street. The existing 26 acre lot is developed Target retail store on first floor and 70,000 sqL second floor. Other various office and retail b center. North Site & Surrounding Land Uses The project site is designated Commercial in the C -3D (Medium Commercial with a Design Ov following land uses: ad Place Shopping Center at 3600 f Rosemead Boulevard and Marshall vith an existing 135,380 square foot re feet of vacant office space on the >inesses operate within the shopping I Plan. The project site is zoned The site is surrounded by the North: General Plan: High Density Residential and Low Density Residential Zoning: R -3 (Medium Multiple i Residential) and R -1 (Single Family Residential) Land Use: Residential South: General Plan: San Bernardino Freeway (Interstate 10 FWY) Planning Commission Meeting October 4, 2010 Page 3 of 25 Zoning: None Land Use: Freeway on- ramp - Caltrans East General Plan: Low Density Residential and High Density Residential Zoning: R -1 (Single Family Residential) and P -O (Professional Office) Land Use: Residential and Office West: General Plan: Commercial Zoning: P -D (Planned Development) Land Use: Retail Retail Operations Target Corporation is currently operating a large discount retail store that sells a variety of items such as general merchandise, clothing, electronics, sporting goods, house wares and home furnishings. On May 3, 2004, the Planning Commission approved Resolution 04 -14 granting a Conditional Use Permit (CUP 04 -951) allowing the off -sale of beer and wine in conjunction with a retail store. Condition of approval number 9 currently limits the store's hours of operation from 8:00 a.m. to 10:00 p.m., seven days a week, and 6:00 a.m. to 11:00 p.m. during the holiday period between the day after Thanksgiving and December 26th. Target currently employs approximately 40 employees on the largest shift. Target recently completed a large tenant improvement in December of 2009 to accommodate a new expanded product inventory which includes the sale of grocery items. The new grocery section totals approximately 10,000 square feet of floor area, which is approximately 13% of the total retail area of the store. The business is now requesting to upgrade their existing off -sale beer and wine license to an off -sale general alcohol license to provide additional convenience to existing customers while shopping for goods and services offered at the store. Additionally, Target is requesting to extend their hours of operation from 8:00 a.m. to 11:00 p.m. seven days a week and 6 a.m. to midnight during the holiday period. If approved, this request would allow Target to remain open one additional hour seven days a week and one additional hour daily during the holiday season. Analysis The Department of Alcohol and Beverage Control (ABC) is the sole agency that has the authority to issue alcohol licenses. In certain circumstances where there is an undue concentration of licenses in a census tract or an undue concentration of crime in a crime reporting district (defined as greater than 20% above the average number of reported crimes in all the crime reporting districts within the City), ABC will not issue a new off - sale license or certain on -sale licenses unless the local government body first grants a determination of public convenience or necessity (PCN). The PCN process was established by ABC to allow a local jurisdiction to consider additional licenses in over- Planning Commission Meeting October 4, 2010 Page 4 of 25 concentrated areas and determine if the additional licenses would serve the public convenience or necessity. A PCN can be granted and the alcohol license may be issued by ABC if the local decision making body or official determines that the public convenience or necessity would be served by the new license. The specific criteria and findings required for approval of a PCN determination are detailed in this report on page 6. 1 Target has submitted documentation specifying that the sale of alcohol is proposed as an ancillary use to the retail store. The floor plan (attached as Exhibit "C ") submitted by the applicant shows that the area devoted to all alcohol sales will be located towards the rear of the store. It is estimated that the sales area for the alcohol beverages will not exceed 5% of the total market area. According to the applicant the sale of distilled spirits is estimated to be less than 25% of all alcohol beverage sales for the entire store. According to the applicant, Target Corporation uses a variety of ways to ensure that the sale of alcohol will not impact the surrounding neighborhood. All Target employees are required to complete Target's Alcohol Sales Training Program before they are permitted to sell alcoholic beverages. This training covers the same material as the State Department of Alcoholic Beverage Control (ABC's) LEED training, such as not selling alcohol to minors and when to request identification of customers to verify age. Target also currently uses security cameras, which are located throughout the store, to monitor customer activity and to deter theft. In addition, there are uniformed security personnel at the entrances and exists to the store during Business hours, as well as undercover asset protection personnel who walk the store. Security guards also patrol and monitor the parking areas of the shopping center. Staff has received a worksheet from the ABC, which indicates that the subject store is currently located in a census tract that does have an over concentration of alcohol licenses. ABC defines "over- concentration" as greater than one license per 1,620 residents living within the subject census tract. Based on the population (4,347 persons) of the census tract (No. 4329.01) in which the subject property is located, three (3) off -sale ABC licenses are permitted. Currently, there are four (4) authorized off -sale licenses (both Type 20 and Type 20) for this census tract, including Target's beer and wine license. For this reason, a PCN finding is required by the City in order for ABC to issue the additional alcohol license. This request is an upgrade to an existing license and it will not result in an additional license for the census tract. Additionally, Target Corporation is located in al crime reporting district in which the number of reported crimes is 20% greater than the average number of reported crimes in all the crime reporting districts within the City of Rosemead. The average number of reported crimes per reporting district in the City is 382. however 501 crimes have been reported. As a result, the project lies in an area with undue concentration of crime. Thus, a PCN finding is required by the City in order for ABC to issue the alcohol license. The request'to extend their hours of operation o 1 e additional hour seven days a week and one additional hour daily during the holiday season is not expected to result in Planning Commission Meeting October 4, 2010 Page 5 of 25 obstructions to pedestrian traffic, additional vehicular traffic, or parking deficiencies. No other change in the operations of the Target store has been proposed. The City of Rosemead Public Safety Center reviewed this request and has found no unusual situations or concerns for this subject site. The sale of alcohol for off -site consumption as an ancillary use to a large retail discount store will not cause obstructions to pedestrian traffic, vehicular traffic, or parking. For these reasons, the Public Safety Supervisor and the Chief of Police have indicated that they are in support of Targets' request, notwithstanding the ABC's finding that the there is an undue concentration of crime in the area. Regular inspections by ABC and the Rosemead Public Safety Department will ensure that the location is monitored and the sale of alcoholic beverages will not result in interference with children on their way to school, shoppers using streets, or defacement of surrounding properties. The sales of alcohol will complement the stores family friendly brands and projects that customers would not find at general markets or other retailers. The alcohol will be sold as part of a general shopping trip, and not as a rational for coming into the store in the first place. Existing Schools, Parks, and Churches in the Project Vicinity There are no schools or parks within 1000 -feet of this Target store. However one church is located within approximately 400 feet of the Target store. Although Target is located in close proximity to the church, no complaints have been received by the Planning Division related to the existing off -sale of beer and wine. This use is consistent with the surrounding commercial properties and existing land uses in the general area, no foreseeable negative impacts to the adjacent neighborhood or adjoining properties are expected. Municipal Code Requirements Conditional Use Permit Modification 04 -951 was approved by the Rosemead Planning Commission on May 3, 2004, subject to conditions of approval outlined in Resolution 04 -14. Section 17.112.030(9) of the Rosemead Municipal Code (RMC) describes the grounds for approving any establishment having an off -sale license for alcoholic beverages in the C -I, C -3, CBD and M zones with a Conditional Use Permit (CUP). Chapter 17.112 does not contain standards for the modification of a CUP. Therefore, City staff has applied the same standards to Target's request for a modification that were applied to the original CUP application. The following are findings that must be made in order to approve a Conditional Use Permit and Staffs analysis of each: The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan; and The proposed use is located within an established commercial district of the City, and is designated as Commercial in the General Plan. Goal 2 of the Land Use Planning Commission Meeting October 4, 2010 Pace 6 of 25 Element proposes to expand opportunities for concentrated commercial and industrial uses that contribute jobs and tax revenues to the community. • 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; and 4 The addition of the off -sale general alcohol license will provide a convenience to Target's existing customers by offering a wider variety of goods and services. The alcohol display area will be located towards the rear of the store in coolers and on shelves. Alcohol will not be visible from the exterior of the store, nor will exterior advertising or signage of alcohol sales bel displayed. There will be no on -site consumption, loitering, littering, alcohol 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 Sheriffs 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. The incidental off -site sale of general alcohol would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood. 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; I The applicant is proposing the incidental off -site sales of general alcohol for its existing customers as a convenience while Ishopping for the goods and services currently offered at the store. Target Corporation employs extensive security measures, employee training, strict policies for alcohol sales, age limit monitoring, facility monitoring, and security cameras that help protect the property and the neighborhood and the general welfare of the City from detrimental or injurious activities that could result from the incidental off-site sales of general alcohol. 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. The existing store has sold beer and winel since 2004 without incident and the business been a benefit to the neighborhood and community. PUBLIC CONVENIENCE OR NECESSITY REQUIREMENTS The City Council adopted Resolution No. 2010;.34 on June 8, 2010, which adopted Planning Commission Meeting October 4, 2010 Paoe 7 of 25 criteria for reviewing the public convenience or necessity of issuing alcohol licenses in areas with an undue concentration of licenses or crime. For purposes of determining whether public convenience or necessity will be served by issuance of an on -sale retail liquor license or off -sale retail liquor license, the following criteria may be considered: • 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. The applicant is requesting a Type 21 off -sale general alcohol license for an existing Target store that is currently licensed with a Type 20 off -sale beer and wine license and has been selling beer and wine since 2004. However, the Type 20 license will be surrendered upon issuance of the Type 21 license. No increase in active licenses (on -sale and off -sale) will result. • 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. The Target store . has. been and will continue to serve the residents of Rosemead by offering a wide variety of general merchandise, clothing, electronics, sporting goods, house wares, home furnishings, groceries. and other consumer products. In addition, Target store recently completed a remodel that includes a significant expansion of the market section. The new market section offers a full -range of groceries products, including fresh meats, fresh vegetables and produce and fresh bakery items, along with an expanded selection of dry goods. In conjunction with the expansion of the market section, Target would like to be able to offer customers a full range of alcoholic beverages, including distilled spirits. The addition of distilled spirits will offer customers a more complete shopping experience and will provide a convenience for Target customers by eliminating the need for an additional shopping trip. • 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. The sale of beer and wine at the Target store was previously approved by Conditional Use Permit 04 -951. No schools or parks are located within 1000 feet of the Target store. One church is located within 400 feet from the store. Although Target is located in close proximity to the church, no complaints have been received by the Planning Division related to the existing off -sale of beer and wine. Although the church use is "incompatible' (by definition), such incompatibility is mitigated by the applicant's incidental offering of distilled spirits, physical location, method of operation, and security measures. Planning Commission Meeting October 4, 2010 Paae 8 of 25 • Whether the location of the business will be Department statistics, which has a twenty pe crimes" than the average number of report c City, over the previous year. For this purp offenses of criminal homicide, forcible rape, larceny theft, and motor vehicle theft, con misdemeanor or felony crimes, except traffic a crime data area covered by Sheriff :nt (20 %) greater number of "reported tes for all the crime data areas in the a, "reported crimes" means reported ibbery, aggravated assault, burglary, ned with all other arrests for other Based on statistics provided by the State Department of Alcohol Beverage Control, the Target store is located in a high crime area under Business and Professions Code Section 23958.4. However, the Target store has an asset protection team that works closely with the police department toIprevent and deter criminal activity at entrances and exits to the store during business hours, as well as undercover asset protection personnel who walk the store. There are also security guards who patrol and monitor the parking areas of the shopping. center Although the reporting districts are shown to the Target store will be significantly different 1 offer a wide range of alcoholic beverages, I estimated sales area for alcohol beverages t area. According to the applicant, the sale of than 25% of all alcohol beverage sales for anticipated that the total alcohol sales of the levels of crime or be a magnet for criminal tailored to provide a safe, convenient alb applicant's existing consumer base. be in a potentially high crime district, -om typical liquor stores which usually oth in terms of price and type. The rill not exceed 5% of the total market distilled spirits is estimated to be less the entire store. Therefore, it is not existing store will exacerbate existing ictivity. The modest selection will be rnative to meet the needs for the • Whether the issuance of the license involves Ian existing business, which has been located at a site which has had three or more "reported crimes" within the previous one year period. I The Target store is located in a large shopping center with many different types of businesses. According to the Public Safetyl Department, Target is a responsible business that conducts the . sale of alcohol in a responsible manner and in compliance with State law. Additionally, the crimes committed within the reporting district where Target is located are related to offenses that are attributed to other businesses within the same shopping center. I 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. 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. Additionally, all alcohol will be displayed and stored towards the rear of the store at Planning Commission Meeting October 4, 2010 Page 9 of 25 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. The Target store serves the residents of Rosemead by offering a wide variety of discounted general merchandise, clothing, electronics, sporting goods, house wares, home furnishings, groceries and other consumer products. In addition, Target store recently completed a remodel that includes a significant expansion of the market section. The new market section offers a full -range of groceries products, including fresh meats, fresh vegetables and produce and fresh bakery items, along with an expanded selection of dry goods. In conjunction with the expansion of the market section, Target would like to be able of offer customers a full range of alcoholic beverages. The addition of distilled spirits will offer customers a more complete shopping experience and will provide a convenience for Target customers by eliminating the need for an additional shopping trip. • 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. The sale of alcoholic beverages will continue to be incidental to the larger retail use and will not be detrimental to the public welfare. Target has been selling beer and wine for more than five years without incident or negatively impacting to the surrounding area. The addition of distilled spirits as part of a larger grocery expansion will not change the character of Target's operations and is consistent with other retail uses in the area. The use will not be detrimental to the nearby commercial or residential properties. The display area designated for alcohol will not exceed 1 % of the total floor area of the store. 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. 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 -31D (Medium Commercial with 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 Target store. In 2004, Target was granted a Conditional Use Permit for the off -site sale of beer and wine. The existing store has already been determined to be in harmony with the General Plan and is a permitted use in the cities Zoning Ordinance. The off -sale alcohol license at the existing store will continue to meet the community goal objective to preserve and strengthen viable commercial development and provide additional opportunities for new commercial development and services. The alcohol Planning Commission Meeting October 4, 2010 Page 10 of 25 display and storage area will comprise less market area. The off -sale alcohol license w neighborhood in a safe, convenient location will not contain any type of use which ma, effects upon the economic health of a neigh alone bar or nightclub. Whether any other information supplied evidence shows that the public convenie issuance of the license. The Target store will continue to serve the variety of merchandise. Target store rece significant expansion of the market section market section, Target intends to offer alcoholic beverages. The addition of dis complete shopping experience and will prc by eliminating the need for an additional sh The applicant employs a variety of security customers as well as the security of their mer view monitors are installed to deter criminal a Additionally, all alcohol will be displayed and the opposite end of the store from where tl customers to walk the length of the store sere han 5% of the total floor area of the provide an additional amenity for the rerated by a trusted brand. The store typically be associated with adverse xhood, such as a liquor store, stand- the applicant, or other competent or necessity will be served by the dents of Rosemead by offering a wide completed a remodel that includes a conjunction with the expansion of the r current customers a full range of d spirits will offer customers a more a convenience for Target customers ing trip. ategies to ensure the safety of their andise. Security cameras and public vity and promote a safe environment. ored towards the rear of the store at entrance is located. This will force i as an additional deterrent. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to fifty -nine (59) property owners, publication in the San Gabriel Valley Tribune, and postings of the notice at the six (6) public locations and on the subject site. I Prepared by: Gina Casillas Planning Technician iitted by: Wong nunity Development Director Planning Commission Meeting October 4, 2010 Paae 11 of 25 EXHIBITS: A. Resolution 10 -29 B. Conditions of Approval C. Site Plan and Floor Plan D. Assessor's Parcel Map (8594- 023 -042) E. Application Support Material Planning Commission Meeting July 19, 2010 Paqe 12 of 25 EXHIBIT "A" A RESOLUTION OF THE PLANNING C ROSEMEAD, COUNTY OF LOS ANGEI APPROVING MODIFICATION 10 -03 AN NECESSITY (PCN) 10 -02, FOR A ALCOHOL (TYPE 21) ABC LICENSE THE HOURS OF OPERATION FOR LOCATED AT 3600 ROSEMEAD BOULI COMMERCIAL WITH DESIGN OVERLY) OMISSION OF THE CITY OF S, STATE OF CALIFORNIA, PUBLIC CONVENIENCE OR EW OFF -SALE GENERAL W THE MODIFICATION OF TARGET CORPORTATION, 'ARD IN THE C -3D (MEDIUM ONE (APN: 8594 - 023 -042). WHEREAS, on May 3,2004, the Rosemead Planning Commission approved Resolution 04 -14 that approved Conditional Use Permit 04 -951, subject to conditions of approval for an off -sale beer & wine (Type 20) ABC license, at 3600 Rosemead Boulevard, in the C3 -D (Medium Commercial with, a Design Overlay) zone; and WHEREAS, on July 12, 2010, Target Coi to modify their existing Conditional Use Permit upgrade their existing Off -Sale Beer and Wine General Alcohol (Type 21) ABC license in conj well as expand their hours of operation to 8:00 and 6 a.m. to midnight during the holiday period; -ation filed a Modification application UP 04 -951), requesting approval to rpe 20) ABC license to an Off -Sale :tion with an existing retail store, as i. to 11:00 p.m. seven days a week WHEREAS, on July 12, 2010, Target Corporation filed a Public Convenience or Necessity determination application requesting that the City determine that the off -sale general alcohol license at the retail store located would serve the public convenience or necessity; and WHEREAS, Section 17.112.020(9) of the Rosemead Municipal Code (RMC) allows 'off -sale alcohol licenses in the C -1, C -31 CBD and M zones upon the granting of a Conditional Use Permit." Section 17.112.010 sets criteria required for granting such a permit. The following criteria maybe considered:) • The granting of such conditional us elements or objectives of the General I • The establishment, maintenance or conditional use permit is sought will n peace, morals, comfort or general wel in the neighborhood thereof; and • The granting of such conditional use p to the property and improvements in th permit will be in harmony with the an; and conduct of the use for which the t be detrimental to the health, safety, ire of the persons residing or working mit will not be detrimental or injurious neighborhood or the general welfare. Planning Commission Meeting October 4, 2010 Paae 13 of 25 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. • 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 Planning Commission Meeting October 4, 2010 Page 14 of 25 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 September 23, 2010 fifty -i owners within a 300 -foot radius from the subject in six (6) public locations and on -site, specifying the date, time and location of the public hearing and on September 24, 2010, the notice was Tribune: and WHEREAS, on October 4, 2010, the PI: and advertised public hearing to receive o Modification 10 -03 and PCN 10 -02; and WHEREAS, the Rosemead Planning Corr testimony presented to them in order to make the NOW, THEREFORE, BE IT RESOLVED of Rosemead as follows: SECTION 1. The Planning Comm Modification 10 -03 and PCN 10 -02 is Categoric California Environmental Quality Act (CEQA) gu that consist of operation, repair, maintenance, alteration of existing public or private structures an existing use beyond that existing at the time the California Environmental Quality Act (CEQ Accordingly, Modification 10 -03 and PCN 10 -02 Exemption pursuant to Section 15303 of CEQA. ine (59) notices were sent to property oroperty, in addition to notices posted the availability of the application, plus or Modification 10 -03 and PCN 10 -02, )ublished in the San Gabriel Valley ig Commission held a duly noticed and written testimony relative to n has sufficiently considered all no determination: the Planning Commission of the City on HEREBY DETERMINES that Exempt under Section 15303 of the lines. This section exempts projects rmitting, licensing, leasing or minor solving negligible or no expansion of the Lead Agency's determination. of and local environmental guidelines. classified as a Class 3 Categorical SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 10 -03 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The granting of such modification 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 as Commercial in the General Plan. Goal 2 of the Land Use Element proposes to expand opportunities for concentrated commercial and industrial uses that contribute jobs and tax revenues to the community. Planning Commission Meeting October 4, 2010 Paoe 15 of 25 B. The establishment, maintenance or conduct of the use for which the modification 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 addition of the off -sales general alcohol license will provide a convenience to Target's existing customers by offering a wider variety of goods and services. The alcohol display area will be located towards the rear of the store in coolers and on shelves. Alcohol will not be visible from the exterior of the store, nor will exterior advertising or signage of alcohol sales be displayed. There will be no on -site consumption, loitering, littering, alcohol 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. The incidental off -site sales of general alcohol 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; FINDING: The applicant is proposing the incidental off -site sales of general alcohol for its existing customers as a convenience while shopping for the goods and services currently offered at the store. Target Corporation employs extensive security measures, employee training, strict policies for alcohol sales, age limit monitoring, facility monitoring, and security cameras that help protect the property and the neighborhood and the general welfare of the City from detrimental or injurious activities that could result from the incidental off -site sales of general alcohol. 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. The existing store has sold beer and wine since 2004 without incident and the business been a benefit to the neighborhood and community. 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 Planning Commission Meeting October 4, 2010 Page 16 of 25 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: The applicant is requesting a l for an existing Target store that is currently lice wine license and has been selling beer and win are three existing off -sale licenses in the cens permitted. The addition of this license would cr licenses. However, the Type 20 license will be 21 license. No increase in active licenses (on -se 'pe 21 off -sale general alcohol license sed with a Type 20 off -sale beer and since 2004. According to ABC there > tract and three off -site licenses are ite an undue concentration of off -sale urendered upon issuance of the Type and off -sale) will result. 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 Target store has been anc Rosemead by offering a wide variety of gener sporting goods, house wares, home furnishii products. In addition, Target store recently c significant expansion of the market section. The of groceries products, including fresh meats, fre bakery items, along with an expanded selection expansion of the market section, Target would Ii range of alcoholic beverages, including distilled will offer customers a more complete shopl convenience for Target customers by eliminatin, , trip will continue to serve the residents of it merchandise, clothing, electronics, gs, groceries and other consumer tmpleted a remodel that includes a iew market section offers a full -range ;h vegetables and produce and fresh if dry goods. In conjunction with the .e to be able of offer customers a full pirits. The addition of distilled spirits ng experience and will provide a the need for an additional shopping 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 sale of beer and wine approved by Conditional Use Permit 04 -951. N 1000 feet of the Target store. One church i Although Target is located in close proximity to received by the Planning Division related to th Although the church use is "incompatible' (t mitigated by the applicant's incidental offering method of operation, and security measures. at the Target store was previously r schools or parks are located within located within 400 from the store. he church, no complaints have been existing off -sale of beer and wine. definition), such incompatibility is of distilled spirits, physical location, D. Whether the location of the business will be in a crime data area covered by "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, Planning Commission Meeting October 4, 2010 Page 17 of 25 larceny theft, and motor vehicle theft, combined with all other arrests for other misdemeanor or felony crimes, except traffic citations. FINDING: Based on statistics provided by the State Department of Alcohol Beverage Control, the Target store is located in a high crime area under Business and Professions Code Section 23958.4. However, the Target store has an asset protection team that works closely with the police department to prevent and deter criminal activity at entrances and exits to the store during business hours, as well as undercover asset protection personnel who walk the store. There are also security guards who patrol and monitor the parking areas of the shopping center. Although the reporting districts are shown to be in a potentially high crime district, the Target 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 estimated sales area for alcohol beverages will not exceed 5% of the total market area. According to the applicant, the sale of distilled spirits is estimated to be less than 25% of all alcohol beverage sales for the entire store. Therefore, it is not anticipated that the total alcohol sales of the existing store will 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 Target store is located in a large shopping center with many different types of businesses. According to the Department of Public Safety, Target is a responsible business that conducts the sale of alcohol in a responsible manner and in compliance with State law. Additionally, the crimes committed within the reporting district where Target is located are related to offenses that are attributed to other businesses within the same shopping center. 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 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. Additionally, all alcohol will be displayed and stored towards the rear of the store at 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. The Target store serves the residents of Rosemead by offering a wide variety of discounted general merchandise, clothing, electronics, sporting goods, house wares, home furnishings, groceries and other consumer products. In addition, Target store recently completed a remodel that includes a significant expansion of the market section. The Planning Commission Meeting October 4, 2010 Page 18 of 25 new market section offers a full -range of groci fresh vegetables and produce and fresh bakery it of dry goods. In conjunction with the expansion to be able of offer customers a full range of distilled spirits will offer customers a more cc provide a convenience for Target customers by shopping trip. G. Whether the off -sale of alcoholic be% larger retail use and provides a more complete FINDING: The sale of alcoholic beveragE larger retail use and will not be detrimental to selling beer and wine for more than five years witt the surrounding area. The addition of distiller expansion will not change the character of Targ other retail uses in the area. The use will not be or residential properties. The storage area desigl the total floor area of the store. H. Whether the issuance of the license wil City's General Plan, any applicable specific plan, formally adopted by the City Council. FINDING: The General Plan does not spe Conditional Use Permit. There are no applicable of the City. Rosemead Municipal Code Chapt subject to a Conditional Use Permit within the designation within the General Plan. The site is Design Overlay) and designated as Commercial wide range of neighborhood serving commerc significant commercial corridor that offers a wi retail and commercial services that includes the e In 2004, Target was granted a Conditional and wine. The existing store has already been General Plan and is a permitted use in the ci alcohol license at the existing store will continue to preserve and strengthen viable commercial opportunities for new commercial development storage area will comprise less than 5% of the tc off -sale alcohol license will provide an additional convenient location operated by a trusted brand. use which may typically be associated with adver a neighborhood, such as a liquor store, stand -aloe ies products, including fresh meats, ms, along with an expanded selection the market section, Target would like coholic beverages. The addition of iplete shopping experience and will :liminating the need for an additional es is incidental and appurtenant to a convenient shopping experience. �s will continue to be incidental to the the public welfare. Target has been tout incident or negatively impacting to i spirits as part of a larger grocery et's operations and is consistent with detrimental to the nearby commercial rated for alcohol will not exceed 1 % of promote the goals and policies of the or any similar policies that have been ically designate uses permitted by a ecific plans for this geographic area 17.112 permits the requested use nes corresponding to the land use led C -3D (Medium Commercial with the General Plan which allows for a uses. The site is located in a range of neighborhood- supporting ting Target store. Ise Permit for the off -site sale of beer etermined to be in harmony with the es Zoning Ordinance. The off -sale o meet the community goal objective development and provide additional id services. The alcohol display and al floor area of the market area. The nenity for the neighborhood in a safe, The store will not contain any type of e effects upon the economic health of bar or nightclub. Planning Commission Meeting October 4, 2010 Page 19 of 25 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 Target store will continue to serve the residents of Rosemead by offering a wide variety of merchandise. Target store recently completed a remodel that includes a significant expansion of the market section. In conjunction with the expansion of the market section, Target intends to offer their current customers a full range of alcoholic beverages. The addition of distilled spirits will offer customers a more complete shopping experience and will provide a convenience for Target customers by eliminating the need for an additional shopping trip. 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. Additionally, all alcohol will be displayed and stored towards the rear of the store at 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. SECTION 4. The Planning Commission HEREBY APPROVES Modification Permit 10 -03 and PCN 10 -02, modifying Conditional Use Permit 04 -951 to allow the upgrade of Target's existing Off -Sale Beer and Wine (Type 20) ABC license to an Off - Sale General Alcohol (Type 21) ABC license in conjunction with an existing retail store, and expanded hours of operation from 8:00 a.m. to 11:00 p.m. seven days a week and 6 a.m. to midnight during the holiday period. SECTION 5. This resolution is the result of an action taken by the Planning Commission on October 4, 2010, by the following vote: YES: NO: ABSENT: ABSTAIN: 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 4r" day of October, 2010. William Alarcon, Chairman Planning Commission Meeting October 4, 2010 Paqe 20 of 25 CERTIFICA 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 4th day of October, 2010, by the following vote: YES: NO: ABSENT: ABSTAIN: Stan Wong, Secretary Planning Commission Meeting October 4, 2010 Pape 21 of 25 EXHIBIT "B" MODIFICATION 10 -03 and PCN 10 -02 3600 Rosemead Boulevard CONDITIONS OF APPROVAL October 4, 2010 1. Modification 10 -03 and PCN 10 -02 shall be in compliance and remain in compliance with all Conditions of Approval for Modification 10 -03 and PCN 10 -02 in addition to the Conditions of Approval for Conditional Use Permit 04 -951. 2. Modification 10 -03 and PCN 10 -02 is approved for a new Off -Sale General Alcohol (Type 21) ABC license and expanded hours of operation, in conjunction with a retail establishment, to be developed in accordance with the plans marked Exhibit "C ", dated July 12, 2010. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 3. Approval of Modification 10 -03 and PCN 10 -02 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. Modification 10 -03 and PCN 10 -02 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 Modification 10 -03 and PCN 10 -02 have been unused, abandoned or discontinued for a period of six (6) months it shall become null and void. 5. Modification 10 -03 and PCN 10 -02 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 Modification 10 -03 and PCN 10- 02. Planning Commission Meeting October 4, 2010 Page 22 of 25 6. The applicant shall defend, indemnify, a or its agents, officers, and employees against the City of Rosemead or its age side, void, or annul, an approval of the F concerning the project, which action is b law. 7. The following conditions must be comp) Division prior to final approval of t occupancy permits, or any other approp 8. All requirements and appropriate licenses State Department of Alcohol Beverage maintained at all times. No alcohol is consumption. Modification 10 -03 and F (Type 21) Alcohol license in conjunction w 91 ITO 11 12. 13. Signs shall comply with Chapter 17.10 Window signs shall not cover more than All banners and temporary signs shall be Division prior to installation. Wall signs reviewed and approved by the Rosemead No advertisements or illuminated signs the exterior of the retail store which adve I hold harmless the City of Rosemead om any claim, action, or proceeding >, officers, or employees to attack, set nning Commission and /or City Council fight within the time period provided by with to the satisfaction of the Planning associated plans, building permits, a request. )f the State of California and California Control shall be complied with and o be sold for the purpose of on -site �'N 10 -02 is for an Off -Sale General :h a retail establishment only. of the Rosemead Municipal Code. 5% of window and glass door areas. permitted by the Rosemead Planning nd tenant identification signs shall be 'fanning Division prior to installation. II be displayed that are visible from s alcoholic beverages. 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. 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 contain ers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacle: and maintained in a clean, safe, and sani the operation of the retail store involvii materials shall comply with local, state and shall be regularly cleaned, inspected, ary condition. Any activity related to 3 the handling or disposing waste ederal laws and policies. 14. 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. Planning Commission Meeting October 4, 2010 Paoe 23 of 25 15. A current letter grade issued to the business by the LA County Department of Health Services shall be properly posted at the store. 16. 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. 17. 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 venues shall be striped. Such striping shall be maintained in a clear, visible, and orderly manner. 18. 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 1/4 inch contrasting in color and easily visible at driver's street level. 19. 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. 20. The hours of operation shall be posted in the front window or door. The hours of operation are limited to 8:00 a.m. to 11:00 p.m. seven days a week and 6 a.m. to midnight during the holiday period (the Day after Thanksgiving through December 26th) 21. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings. 22. 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 Modification Permit shall become invalid. This Modification Permit may be revoked by the City of Rosemead even if the State of California Department of Alcoholic Beverage Control license is still valid. 23. In case the business experiences loitering problems, the business owner shall contact the Los Angeles County Sheriffs Department to discuss possible solutions pertaining to loitering and measures that can be implemented to deter congregating of juveniles and transients outside the store. 24. 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 Planning Commission Meeting October 4, 2010 Page 24 of 25 25. 26. and approved by the Planning Division land the Sheriffs Department prior to installation. The applicant shall maintain the stores on -site security system shall include SL parking areas of the store and shall be Sheriffs Department. It is the applicant's copies of surveillance on file for a minimui The onsite public hearing notice posting the end of the 10 -day appeal period of W cisting on -site security system. Such ieillance of arrivals, departures, and maintained to the satisfaction of the ssponsibility to keep electronic (tapes) of thirty (30) days. be removed within 30 days from ion 10 -03 and PCN 10 -02. 27. Prior to any final inspections, the applicant shall verify that the Business License and the Certificate of Occupancy for the business are current. Planning Commission Meeting October 4, 2010 Paqe 25 of 25 EXHIBIT "D" SITE TARGET ATTACHMENT— PUBLIC CONVENIENCE OR NECESSITY CRITERIA I A. The application is for a Type 21 off -sale general lice Ise for an existing Target store that is currently licensed with a Type 20 off -sale beer and wine license, and has been selling beer and wine since 2004. The Type 20 license will be surrendered upon issuance of the Type 21 license, so there will be no increase in active licenses. I B. The Target store has been and will continue to serve the residents of Rosemead by offering a wide variety of general merchandise, clothing, electronics, . furnishings, groceries and other consumer products at grea recently completed a remodel that includes a significant exl market section offers a full -range of grocery products, inclu produce and fresh bakery items, along with an expanded se expansion of the market section, Target would like to be ab beverage products, including distilled spirits. Adding distille complete shopping experience and will provide a convenier need for an additional shopping trip. With its new, improve one -stop destination for groceries and beverage purchases. C. There are no schools or parks within 1000' of the of the store, but Target's operations do not interfere with D. Based on the ABC's statistics, the Target store is Ic and Professions Code Section 23958.4. However, the Tarp protection team that works closely with the police depart . and around the Target store. Target also has security care customer activity and deter theft. In addition, there are u orting goods, housewares, home jalues. In addition, the Target store msion of the market section. The new ng fresh meats, fresh vegetables and !ction of dry goods. In conjunction with the to offer customers a full range of alcoholic spirits will offer customers a more e to Target customers by eliminating the market section, Target expects to be a store. There is one church within 1000' erselv affect that use. �d in a "high crime" area under Business tore has a trained and dedicated asset t to prevent and deter criminal activity at c located throughout the store to monitor rmed security personnel at the entrances /exits to the store during business hours, as well as undercover asset protection personnel who walk the store. There are also security guards who shopping center. E. Yes, although this is not unusual given the com F. See B. With its new, improved market section, Tar groceries and beverage purchases, which will enhance the nearby businesses. G. See B. The sale of alcoholic beverages has been, anc retail use and will not be detrimental to the public welfare. more than five years without incident or negative impact on distilled spirits as part of a larger grocery expansion will not is consistent with other retail uses in the area and will not hi commercial or residential properties. I and monitor the parking areas of the I character of the site. expects to be a one -stop destination for lity of the shopping center and other ill continue to be, incidental to the larger rget has been selling beer and wine for L surrounding area. The addition of Inge the character of Target's operations, a detrimental effect on nearby EXHIBIT E H. The issuance of the license will promote the city's goal of providing convenient retail services to its residents. See B.