PC - 2002 - 14 - Approving Conditional Use Permit 02-861, Approving the Transfer of Ownership of an Existing Off-sale General ABC License in Conjunction with a Liquor StorePC RESOLUTION 02 -14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD APPROVING CONDITIONAL, USE PERMIT 02 -861,
APPROVING THE TRANSFER OF OWNERSHIP OF AN EXISTING OFF -
SALE GENERAL (TYPE 21) ABC LICENSE IN CONJUNCTION WITH AN
LIQUOR - STORE, LOCATED AT 8606 EAST GARVEY AVENUE. (APN:
5282- 001 -001). L
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WHEREAS, on January. 24, 2002, Pauline Lu DBA "AP Liquor" of 2735 La Presa Avenue,
Rosemead, California, 91770, G1ed a conditional use permit application,to, transfer, an existing off -
sale General (Type 2l) ABC,license m sonlunction with an�liquor store located at 8606 East Garvey
Avenue; and ,,z -l.�e , ri 1�1 ZY'?. f "t_ W t , •i
WHEREAS, 8606 East Garvey Avenue is locate the M 1; Light Manufacturing zone,'_
and
WHEREAS, Section 17.112.030.9 of the Rosemead Municipal Code (RMC) permits the off -
sale of alcoholic beverages upo� the granting of a conditional use permit; and
WHEREAS, Sections 65800& 65900 of the'California Government Code and Section
17.112.010 of the Rosemead Municipal Code authorizei.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, on February 21, 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 -861; and
WHEREAS, on March 4, 2002, the Planning Commission held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Conditional Use Permit 02 -861; and
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WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony
presented to them in order to make the following determination.
NOW, TIIEREFORE, 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 -861 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 -861 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.
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FINDING: As City policy, anew operator must obtain a CUP in order to transfer ownership -
of an existing permit for off -site sales,of General (Type 21) ABC license for a liquor store. This'site
will be operated in accordance with applicable City iregulations, and is in,conformity.with the
development in and around the hroJe 1 site. ; ,� j i liF lij3 i
B. The project is in conformity with the elements and'oblectives of the General Plan and
Zoning Codes. }
FINDING: The proposed use is located within an established commercial district of the City,
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and is designated Mixed Use: hidusnial /Commercial m the General,.Plan. The proposed use is in
conformity with the General Plan, m•il at the policies ; of the General- Plan encourage complementary
uses that will contribute to the economic being of th6 ;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 Pennit
02 -861, to allow the transfer of an existing off -sale General (Type 21) ABC license in conjunction
with a liquor store, on property located at 8606 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
March 4, 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 18 day of March, 2002.
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,William Chairman
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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 18 "' day of March 2002 by the following
vote:
YES:
NO:
ABSENT:
ABSTAIN:
1 TTT
William Crowe, Secretary
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,
° 1 ;Seinead Planning Commission
Conditional Use Permit 02 -861
March 4, 2002
Page 4 of 5
EXHIBIT A
CONDITIONAL USE PERMIT 02 -861
8606,E. Garvey Avenue
(AP Liquor)
CONDITIONS OF APPROVAL
March 4, 2002
1. Conditional Use Permit 02 -861 is approved for the transfer of an off -sale general (Type
21) ABC license. All alcoholic drinks are to be consumed off the premises. Any
revisions to the approved plans must be resubmitted for review and approval by the
Planning Department. ,
2. Approval of Conditional Use Permit 02 -861 shall not lake effect for any purpose until the
applicant has filed with the City of Rosemead an 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 -861 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 Pennit 02 -861 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. All roof top appurtenances and equipment shall adequately be screened from view to the
satisfaction of the Planning Department.
6. 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. Tine
location, color and size of such sign shall be subject to the approval of the Planning
Director.
7. A permanent maintenance program of all landscaping sliall` be provided insuring regular
irrigation, fertilization' and yveed abatement.
8. The hours of operation shall be posted in the front window o'r door. Hours of operations
shall be limited to 8:00 a.m. -to 11:00 p.nn.,'dailyY.
9. 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.
10. 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 1,7 1:04.080 regarding identification of the business in English.
11. The conditions listed on this exhibit shall be copied directly onto 'any development plans
subsequently submitted to the planning and building departments for review.
12. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and
maintained in a clean, safe, and sanitary condition.
13. 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.
• Iosemead Planning Commission
_ Conditional Use Permit 02 -861
March 4, 2002
Page 5 of 5
14. 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.
15. 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.
16. 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.
17. 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..
18. The parking space markers including double istnpiug, wheel stops and handicapped- -
shall be repainted periodically, city standards and io,the',satisfaction of the planning
department.
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. Any changes to the condition, of operation listed in this„ Exhibit "A" must be first � 1
approved by the Planning Coininission through i r'nodification application. The Planning
Commission through a design- review most-first approve exterior changes to this site.
21. Applicant shall post signs stating "possession of open alcoholic beverages on the
premises prohibited by law ", along sidewalks and parking lots. Size, location, and
material of signs shall be to the satisfaction of the Planning Department.
22. The appropriate license from the California Alcoholic Beverage Control shall be
maintained.
23. Violation of the conditions of approval may result in citation and/or the initiation of
revocation proceedings.
24. The parking lot shall be re- striped prior to occupancy.
25. The chain link fence located along Walnut Grove Avenue shall be removed prior to
occupancy.
N. All outdoor storage shall be removed prior to occupancy.
27. All site improvements shall be completed within forty -five (45) days from the
approval of this permit. , I I „
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