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PC - 2002 - 49 - Approving Conditional Use Permit 02-897, For The Transfer Of Ownership Of An Off-sale General (Type 21) ABC License In Conjunction With A Liquor Store, Located At 2125 San Gabriel Boulevard9 0 PC RESOLUTION 02 -49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 02 -897, FORTHE TRANSFER OF OWNERSHIP OF AN OFF -SALE GENERAL (TYPE 21) ABC LICENSE IN CONJUNCTION WITH A LIQUOR STORE, LOCATED AT 2125 SAN GABRIEL BOULEVARD IN THE C3 (MEDIUM COMMERCIAL) ZONE. (A PN: 5279- 008 -026). WHEREAS, on September 24, 2002, Young Seek Lim DBA Vito's Liquor filed a conditional use permit application for the transfer of ownership of an Off -Sale General (Type 21) ABC license in conjunction with a liquor store located at 2125 San Gabriel Boulevard; and WHEREAS, 2125 San Gabriel Boulevard is located in the C3 (Medium Commercial) Zoning District; and WHEREAS, Section 17.112.030.9 ofthcRosetncad Municipal Code (RMC) permits the off - sale of alcoholic beverages upon the granting of a Conditional Use Permit (CUP). Section 17.112.010 'sets criteria required for granting such a permit. These criteria require that the proposed use deemed: The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WIIEREAS, Sections 17.1 12.010 of the Rosemead Municipal Code specifies the criteria by which a conditional use permit may be granted; and WI I EREAS, on September 26, 2002, 46 notices were sent to property owners within a 300 - foot radius from the subject property, in addition to notices posted in 12 public locations, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 02 -897; and WHEREAS, on October 7, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Pennit 02 -897; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, 13E IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1 . The Planning Commission HEREBY DETERMINES that Conditional Use Permit 02 -897 is Categorically Exempt from environmental review as a Class 9 Exemption pursuant to Section 15309 of the California Environmental Quality Act (CEQA). SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 02 -897 according to the Criteria of Chapter 17.1 12.010 of the Rosemead Municipal Code as follows: • 9 A. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working the neighborhood thereof, FINDING: As City policy, a new operator must obtain a CUP in order to transfer all existing Off -Sale general alcohol license in conjunction with a liquor store. This site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. B. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the property and improvements in the neighborhood. FINDING: The proposed use is located within an established commuercial districtofthe City, and is designated Commercial in the General Plan. The proposed use is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will contribute to the economic well being of the commercial areas of the City. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the general welfare of the Citv. FINDING: The proposed use will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit. The Department of Alcoholic Beverage Control has found that there will not be an "over- concentration" of Off -Sale general alcohol licenses within the census tract of the subject property. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 02 -897, to allow the transfer of ownership of an Off -Sale General (Type 21) ABC license in conjunction with a liquor store, on property located at 2125 San Gabriel Boulevard, subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on October 7, 2002, by the following vote: YES: LOI, ALARCON, BREEN, HERRERA, ORTIZ NO: ABSTAIN: ABSENT: SECTION 5 . The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the to Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 2 1 " day of October, 2002. G� Due Loi, Chairman 9 CERTIFICATION 1 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 21st day of October 2002 by the following vote: YES: NO: A13STAIN: A13SEN i i, 16 Cmiditional Use Permit 02 -397 October 7, 2002 Page 4 of 5 EXHIBIT "A" CONDITIONAL USE PER IIT 02 -897 2125 North San Gabriel Boulevard (Vito's Liquor) CONDITIONS OF APPROVAL October 7, 2002 I. Conditional Use Permit 02 -897 is approved for one (1) year from the date of these conditions. At least thirty (30) days prior to the end of this one (I) year period, the applicant shall file a written extension request to the City of Rosemead Planning Department. 2. The following conditions must be complied with to the satisfaction of the director of planning prior to final approval of the associated plans, building permits, occupancy pennits, or any other appropriate request. 3. The applicant shall sign a notarized affidavit agreeing to these conditions within ten (10) days of approval. 4. Window signagc area shall be limited to a maximum of 15% of the window and door area. Applicant shall remove that signagc which exceeds the 15% coverage area. 5. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Specifically, signs shall not cover more than 15'%, of window area or 25% of wall areas. All signs must comply with Section 17.104.080 regarding identification of the business in English. 6. The property shall comply with all appropriate building, fire, and health department regulations. 7. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 8. The hours ofoperation shall be posted on the front window or door. Hours of operation shall be limited to the hours of 8 A.M. to 8 P.M., Sunday through Friday and 8 A.M. to 9 P.M., Saturday. 9. 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. 10. 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. 11. Adequate lighting shall be provided in the vehicle parking area. Motion - activated liglits shalt be installed where deemed appropriate by the director of planning. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 12. The parking area, including handicapped spaces, shall be paved and rc- painted periodically to City standards to the satisfaction of the Planning Department. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such sniping shall be maintained in a clear, visible, and orderly manner. 13. Pursuant to California Vehicle Code Section § 22511.8, at least two (2) percent of the required parking stalls shall be designated for handicap space. A letter by the property owner shall be given to the city authorizing enforcement. Conditional Use Permit 02 -397 October 7, 2002 Page 5 of 5 14. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 1 14 inches contrasting in color and easily visible at driver's street level. The location, color, and size of such signs shall be subject to the planning director's approval. 15. The parking space markers— including double striping, wheel stops, and handicapped - -shall be repainted periodically to city standards and to the satisfaction of the planning department. 16. 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. 17. Conditional Use Permit 02 -897 is for an Off -Sale General (Type 21) ABC license. All requirements and appropriate licenses of the State of California and The California State Department of Alcoholic Beverage Control shall be complied with and maintained at all limes. 18. Sale of alcoholic beverages shall be for off -site consumption only. 19. Newspapers, magazines, video tapes, or any other material containing "harmful matter" as defined in Section 12.12.090 of the Rosemead Municipal Code, shall have its lower two - thirds covered by binder racks when displayed in public places, which do not exclude rumors. 20. The applicant shall comply with Ordinance No. 567, which requires the posting of a sign prohibiting consumption of alcoholic beverages adjacent to the premises within parking lots and public sidewalks. Such signs are subject to the planning director's approval. 21. Re- stripe all parking spaces according to Section 17.84.100(d) of the Rosemead Municipal Code. 22. Fill potholes located throughout parking area. 23. Remove graffiti on sign pole and repaint entire sign pole in original white color. 24. Replace signs in compliance with Ordinance No. 567, requiring the posting of signs prohibiting consumption of alcoholic beverages adjacent to the premises within parking lots and public sidewalks. Size, location, and material of such signs shall be subject to the Planning Director's approval. 25. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.