Loading...
PC - 2002 - 48 - Approving Conditional Use Permit 02-887, For The Transfer Of Ownership Of An Off-Sale Beer And Wine (Type 20) ABC License In Conjunction With A Market, To Be Located At 9423 East Valley Boulevard0 PC RESOLUTION 02 -48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 02 -887, FOR THE TRANSFER OF OWNERSHIP OF AN OFF -SALE BEER AND WINE (TYPE 20) ABC LICENSE IN CONJUNCTION WITH A MARKET, TO BE LOCATED AT 9423 EAST VALLEY BOULEVARD IN THE C -313 (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. (APN: 8592- 009 -006). WHEREAS, on August 20, 2002, In -Woo Lee DBA Valley Produce Market filed a conditional use permit application for the transfer of ownership of an Off -Sale Beer and Wine (Type 20) ABC license in conjunction with a market located at 9423 East Valley Boulevard; and WHEREAS, 9423 East Valley Boulevard is located in the C -31) (Medium Commercial with a Design Overlay) Zoning District; and WHEREAS, Section 17.112.030.9 of the Rosemead Municipal Code (RMC) pen 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 is 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 Beer and Wine 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 Beer and Wine 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 WHEREAS, on September 4, 2002, 33 notices were sent to property owners within a 300 - foot radius from the subject property, in addition to notices posted in 9 public locations, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 02 -887: and WHEREAS, on September 16, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02- 887; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1 . The Planning Commission HEREBY DETERMINES that Conditional Use Permit 02 -887 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 -887 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: 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 Beer and Wine welfare of persons residing or working the neighborhood thereof, FINDING: As City policy, a new operator must obtain a CUP in order to transfer an existing Off -Sale Beer and Wine alcohol license in conjunction with a convenience market. 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 commercial district ofthe 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 Beer and Wine welfare of the City. 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 existing market has operated with an off -sale alcohol license for nearly twenty (20) years. The permit request consists only of a transfer of ownership. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 02- 887, to allow the transfer of ownership of an Off -Sale Beer and Wine (Type 20) ABC license in conjunction with a market, on property located at 9423 East Valley 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 September 16, 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 7 day of October, 2002. G6 Duc Loi, 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 7th day of October 2002 by the following vote: YES: NO: ABSTAIN: ABSENT: O osentead Planning Commission Conditional Use Permit 02 -887 September 16, 2002 Page a of 5 EXHIBIT A CONDITIONAL USE PERMIT 02 -887 9423 East Valley Boulevard (Valley Produce Market) CONDITIONS OF APPROVAL September 16, 2002 1. Conditional Use Permit 02 -887 is approved for an off -sale beer and wine (Type 20) ABC license in conjunction with a market in accordance with the plan marked Exhibit `B ". Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval of Conditional Use Permit 02 -887 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 set forth in the letter of approval and this list of conditions. 3. Conditional Use Permit 02 -887 is approved for a period of one (1) year. Applicant shall make progress towards initiation of proposed use or request 30 days prior to expiration from the Planning Commission. Otherwise Conditional Use Permit 02 -887 shall become null and void. 4. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 5. Prior to the issuance of building permits, all fees payable under State Law shall be paid. 6. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 7. The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4 ", contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the Planning Director. 8. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. 9. The hours of operation shall be posted in the front window or door. Hours of operations shall be limited to 8 a.m. to 8:30 p.m., 7 days a week. 10. Window signage area shall be limited to a maximum of 15% of the window and door area. Applicant shall remove that signage which exceeds the 15% coverage area. 11. 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. 12. The conditions listed on this exhibit shall be copied.directly onto any development plans subsequently submitted to the planning and building departments for review. 13. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 14. 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. O Rosemead Planning Commission Conditional Use Permit 02 -887 September 16, 2002 Page 5 of 5 15. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010 - 8.32.040 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. 16. Adequate lighting shall be provided in the vehicle parking area. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 17. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Department. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such striping shall be maintained in a clear, visible, and orderly manner. 18. Pursuant to California Vehicle Code Section § 22261.8, 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. 19. 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. 20. 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. 21. Any changes to the condition of operation listed in this Exhibit "A" must be first approved by the Planning Commission through a modification application. The Planning Commission through a design review must first approve exterior changes to this site. 22. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings. 23. 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. Size, location, and material of such signs shall be subject to the planning director's approval. 24. Conditional Use Permit 02 -887 is for an off -sale beer & wine (Type 20) ABC license in conjunction with a market. 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 times. 25. The face of the existing pole sign shall be repaired prior to occupancy. 26. Boxes and debris located behind the building shall be removed prior to occupancy. 27. Existing landscaping along the west property line shall be provided maintenance prior to occupancy. 28. Additional plant material shall be added to planter along the south property line prior to final inspection.