PC - 2002 - 24 - Approving Conditional Use Permit 02-871, Approving the Transfer of Ownership of an Existing Off-sale Beer and Wine ABC License in Conjunction with an Conveniance Market0
PC RESOLUTION 02 -24
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD APPROVING CONDITIONAL USE PERMIT 02 -871,
APPROVING THE TRANSFER OF OWNERSHIP OF AN EXISTING OFF -
SALE BEER AND WINE (TYPE 20) ABC LICENSE IN CONJUNCTION
WITH AN CONVENIENCE MARKET, LOCATED AT 8405 EAST GARVEY
AVENUE. (APN: 5288- 005 -030).
WHEREAS, on April 16, 2002, Jung Kyu Hwang DBA "C.K. Altadena Market", business
and property owner, filed a conditional use permit application to transfer an existing Off-Sale Beer
and Wine (Type 20) ABC license in conjunction with an convenience market located at 8405 East
Garvey Avenue; and
WHEREAS, 8405 East Garvey Avenue is located in the M -1; Light Manufacturing zone,
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WHEREAS, Section 17.112.030(9) of the Rosemead Municipal Code (RMC) permits the
off -sale of alcoholic beverages in the C -1, C -3, CBD and M zones upon the granting of a conditional
use permit. Section 17.112.010 sets the criteria required for granting such a permit. These criteria
require that the proposed use is deemed:
• Essential or desirable to the public conveniences or welfare;
• In harmony with the elements or objectives of the General Plan, and;
• Not to be detrimental or injurious to surrounding property; and
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 criteriaby
which a conditional use permit may be granted; and
WHEREAS, on April 25, 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 -871; and
WHEREAS, on May 6, 2002, the Planning Commission held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Conditional Use Permit 02 -871; 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 -871 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 -871 according to the Criteria of Chapter
17.112.010 of the Rosemead Municipal Code as follows:
A. The project is essential and desirable to the public convenience or welfare.
FINDING: As City policy, a new operator must obtain a CUP in order to transfer ownership
of an existing permit for Off -Sale Beer and Wine (Type 20) ABC license for a convenience market.
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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 project is in conformity with the elements and objectives of the General Plan and
Zoning Codes.
FINDING: The proposed use is located within an established commercial district of the City,
and is designated Mixed Use: Industrial /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 project will not be detrimental to the surrounding properties.
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 requiring: immediate improvements to the tenant space, limitations to operational hours and
occupancy, and the overall maintenance of the site.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit
02 -871, to allow the transfer of an existing Off -Sale Beer and Wine (Type 20) ABC license in
conjunction with a convenience market, on property located at 8405 East Garvey 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
May 6, 2002, by the following vote:
YES: LOI, BREEN, ALARCON, ORTIZ, HERRERA
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
SECTION 5 . The secretary shall certify to the adoption of this resolution and shall transmit
copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 20' day of May, 2002.
William Alarcon, Chairman
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CERTIFICATION
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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 20' day of May 2002 by the following
vote:
YES:
NO:
ABSENT:
ABSTAIN:
William Crowe, Secretary
EXHIBIT "A"
CONDITIONAL USE PERMIT 02 -871
8450 East Garvey Avenue
CONDITIONS OF APPROVAL
May 6, 2002
Conditional Use Permit 01 -871
May 6. 1001
Page 3 of 7
I. Conditional Use Permit 02 -871 is approved for one (1) year from the dale 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. Conditional Use Permit 02 -871 is for an off -sale beer & wine (Type 20) ABC license in
conjunction with a drive -thru convenience 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.
5. The hours of operation shall be posted in the front window or door. Hours of operations
shall be limited to 8:00 a.m. to 9:00 p.m„ daily.
6. Window signagc 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.
7. 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.
8. The conditions listed on this exhibit shall be copied directly onto any development plans
subsequently submitted to the planning and building departments for review.
9. The property shall comply with all appropriate building, fire, and health department
regulations.
10. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and
maintained in a clean, safe, and sanitary condition.
11. 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 for
assistance.
12. 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.
13. 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.
14. 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
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Conditional Use Permit 02 -871
May 6, 1001
Page 4 of 7
striping shall be maintained in a clear, visible, and orderly manner.
15. 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 letterby the property owner
shall be given to the city authorizing enforcement.
16. The numbers of the address signs shall be at least six (6) inches tall with a minimum
character width of 1 /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.
17. 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.
18. 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.
19. 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.
20._ 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.
21. Violation of the conditions of approval may result in citation and/or the initiation of
revocation proceedings.
22. Install a new door to trash enclosure. TO BE COMPLETED WITHIN THIRTY DAYS
FROM THE APPROVAL OF THIS PERMIT (THURSDAY, JUNE 6, 2002)
23. Re- stripe the parking stalls and directional traffic markings. TO BE COMPLETED
WITHIN THIRTY DAYS FROM THE APPROVAL OF THIS PERMIT
(THURSDAY, JUNE 6, 2002)
24. Install additional signs prohibiting consumption of alcoholic beverages in parking lots .
and public sidewalks adjacent to the premises. TO BE COMPLETED WITHIN
THIRTY DAYS FROM THE APPROVAL OF THIS PERMIT (THURSDAY, JUNE 6,
2002)
25. Remove items stored outdoors, toward the rear of the building. TO BE COMPLETED
WITHIN THIRTY DAYS FROM THE APPROVAL OF THIS PERMIT
(THURSDAY, JUNE 6, 2002)
26. Obtain permits for the rear patio cover built without permits. TO BE COMPLETED
WITHIN THIRTY DAYS FROM THE APPROVAL OF THIS PERMIT
(THURSDAY, JUNE 6, 2002)