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PC - 2010-29 - Off-sale General Alcohol ABC License and Modification of Hours of Operation for Traget Corporation at 3600 Rosemead Blvd.PC RESOLUTION 10 -29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 10 -03 AND PUBLIC CONVENIENCE OR NECESSITY (PCN) 10 -02, FOR A NEW OFF -SALE GENERAL ALCOHOL (TYPE 21) ABC LICENSE AND THE MODIFICATION OF THE HOURS OF OPERATION FOR TARGET CORPORTATION, LOCATED AT 3600 ROSEMEAD BOULEVARD IN THE C -3D (MEDIUM COMMERCIAL WITH DESIGN OVERLY) ZONE (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 Corporation filed 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; and 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 -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. The following criteria may be considered: • 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, 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 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 -nine (59) 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 Modification 10 -03 and PCN 10 -02, and on September 24, 2010, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on October 4, 2010, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 10 -03 and PCN 10 -02; 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 Modification 10 -03 and PCN 10 -02 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, Modification 10 -03 and PCN 10 -02 are classified as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA. 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. 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 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 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. According to ABC there are three existing off -sale licenses in the census tract and three off -site licenses are permitted. The addition of this license would create an undue concentration of off -sale licenses. 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. 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 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 of 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 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 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 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. 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, 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 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. 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. FINDING: 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 storage area designated for alcohol will not exceed 1 % of the total floor area of the store. 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 -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 display and storage area will comprise less than 5% of the total floor area of the market area. The off -sale alcohol license 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. 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: ALARCON, ENG, HERERRA, RUIZ NO: NONE ABSENT: HUNTER 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 4 th day of October, 20x0. 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 4th day of October, 2010, by the following vote: YES: ALARCON, ENG, HERERRA, RUIZ NO: NONE ABSENT: HUNTER ABSTAIN: NONE Stan V\/Kng, Secretary L am: /:11'3�iH'3fl 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. 6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 7. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 8. 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. Modification 10 -03 and PCN 10 -02 is for an Off -Sale General (Type 21) Alcohol license in conjunction with a retail establishment only. 9. 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 Division prior to installation. Wall signs and tenant identification signs shall be reviewed and approved by the Rosemead Planning Division prior to installation. 10. No advertisements or illuminated signs shall be displayed that are visible from the exterior of the retail store which advertises alcoholic beverages. 11. 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. 12. 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. 13. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. Any activity related to the operation of the retail store involving the handling or disposing waste materials shall comply with local, state and federal 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. 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 26` 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 Sheriff's 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 and approved by the Planning Division and the Sheriff's Department prior to installation. 25. The applicant shall maintain the stores existing on -site security system. Such on -site security system shall include surveillance of arrivals, departures, and parking areas of the store and shall be maintained to the satisfaction of the Sheriff's Department. It is the applicant's responsibility to keep electronic (tapes) copies of surveillance on file for a minimum of thirty (30) days. 26. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Modification 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.