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PC - 2002 - 47 - Approving Conditional Use Permit 02-886, For The Transfer Of Ownership Of An Off-sale Beer And Wine (Type 20) ABC License In Conjunction With A Convenience Market, Located At 3358 Del Mar Avenue0 0 PC RESOLUTION 02 -47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 02 -886, FOR THE TRANSFER OF OWNERSHIP OF AN OFF -SALE BEER AND WINE (TYPE 20) ABC LICENSE IN CONJUNCTION WITH A CONVENIENCE MARKET, LOCATED AT 3358 DEL MAR AVENUE IN THE C -3 (MEDIUM COMMERCIAL) ZONE. (APN: 5287- 017 -001). WHEREAS, on August 8, 2002, Jae Chung DBA M &M 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 convenience market located at 3358 Del Mar Avenue; and WHEREAS, 3358 Del Mar Avenue is located in the C3 (Medium Commercial ) Zoning District; and WHEREAS, Section 17.112.030.9 of the Rosemead Municipal Code (RMC) permits the Off -Sale of alcoholic beverages upon the granting of a Conditional Use Permit (CUP). Section 17.1 12.010 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, 47 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 -886; 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 -886; 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 -886 is Categorically Exempt from environmental review as a Class 9 Exemption 1 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 -886 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, 0 FINDING: As City policy, anew 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 of the City, and is designated Mixed Use: Residential/ 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 Department of Alcoholic Beverage Control has found that there will not be an "over- concentration" of Off -Sale Beer and Wine alcohol licenses within the census tract of the subject property. The permit request consists only of a transfer of ownership. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 02 -886, to allow the transfer of ownership of an Off -Sale Beer and Wine (Type 20) ABC license in conjunction with a convenience market, on property located at 3358 Del Mar Avenue, 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. Duc Loi, Chairman C� 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 7th day of October 2002 by the following vote: YES: NO: ABSTAIN: ABSENT: .. . • r EXHIBIT "A" CONDITIONAL USE PERMIT 02 -886 3358 Del Mar Avenue (M &M Market) CONDITIONS OF APPROVAL September 16, 2002 1. Conditional Use Permit 02 -886 is approved for one (1) year from the date of these conditions. At least thirty (30) days prior to the end of this one (1) 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 permits, 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 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. 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 of operation 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. 'file 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. H. Adequate lighting shall be provided in the vehicle parking area. Motion- activated lights shall 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. 'file 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. 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. 14. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of %4 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 -886 is for an off -sale beer & wine (Type 20) ABC license. All requirements and appropriate licenses of the State of California and The California Stale Department of Alcoholic Beverage Control shall be complied with and maintained at all times. 18. 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. 19. Restore landscaping areas in parking area and parkway along sidewalk. Provide copies of the receipts and work orders for the new landscaping. 20. Remove all litter and debris in the parking and landscape areas. 21. Replace plastic slats on trash enclosure doors. 22. Post 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. 23. Remove graffiti on the south wall of building. 24. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.