Loading...
PC - Item 3A - Modification 12-08, Conditional Use Permit 12-11, and Public Convenience or Necessity 13-01ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: SEPTEMBER 16, 2013 SUBJECT: MODIFICATION 12 -08, CONDITIONAL USE PERMIT 12 -11 AND PCN 13 -01 3363 DEL MAR AVENUE Summary Myung Chung has submitted a modification application (MOD 12 -08) requesting to expand the existing convenience store and construct a new storage building and a conditional use permit application (CUP 12 -11) requesting approval for an off -sale beer and wine (Type 20) ABC license for Rosemead Oil Company dba Chevron, located at 3363 Del Mar Avenue, in the C -3 (Medium Commercial) zone. The applicant is also requesting that the City determine that the issuance of this off -sale beer and wine license will serve the Public Convenience or Necessity (PCN 13 -01) as required by the State Department of Alcoholic Beverage (ABC) when a project site is located within a census tract with undue concentration of alcohol licenses or located in a high crime reporting district with an undue concentration of crime. Environmental Determination: Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of operation, repair, maintenance, permitting, licensing, leasing or minor alteration of existing public or private structures involving negligible or no expansion of an existing use beyond that existing at the time of the Lead Agency's determination. Accordingly, Modification 12 -08 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA guidelines. Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of inspections to check for the performance of an operation, or for quality, health, or safety of a project. Accordingly, Conditional Use Permit 12 -11 and PCN 13 -01 are classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. Staff Recommendation Based on the analysis and findings contained in this report, it is recommended that the Planning Commission ADOPT Resolution No. 13 -15 and APPROVE Modification 12 -08, Planning Commission Meeting September 16, 2013 Page 2 of 25 Conditional Use Permit 12 -11, and PCN 13 -01 with findings (Exhibit "A ") subject to the thirty -three (33) conditions outlined in Exhibit "B" attached hereto. Property History and Description The subject property is located on the southwest corner of Del Mar and Hellman Avenues, south of the San Bernardino (1 -10) Freeway. The subject property totals 22,893 square feet of area. Vehicular access to the site is provided by three (3) driveways, one (1) located on Hellman Avenue and two (2) located on Del Mar Avenue. On October 1, 1979 the Rosemead Planning Commission (PC Resolution 79 -39) approved a conditional use permit for the operation of a service station for Unocal 76 /Joe Gomez Service Station. On June 2, 1997, the Rosemead Planning Commission approved Tentative Parcel Map 24772 and a modification to the existing conditional use permit allowing the consolidation of three lots into one lot and the construction of a new gas station with a food mart for Chevron. The site was developed with a single canopy structure, which protects six (6) fuel islands and the food mart building. A small storage building and a trash enclosure is located in the southwest corner of the lot. The subject site is currently occupied by Chevron Gasoline. Aerial Photo Planning Commission Meeting September 16, 2013 Page 3 of 25 Site & Surrounding Land Uses The project site is designated in the General Plan as Commercial and on the zoning map it is designated C -3D (Medium Commercial with a Design Overlay) zone. The site is surrounded by the following land uses: North: General Plan: High Density Residential and Commercial Zoning: R -3 (Medium Multiple Residential and C -3 (Medium Commercial) Land Use: Residential and Commercial South: General Plan: Commercial Zoning: C -3 (Medium Commercial) Land Use: Residential East: General Plan: Commercial Zoning: C -3 (Medium Commercial) Land Use: Commercial and Residential West: General Plan: Medium Density Residential Zoning: R -2 (Light Multiple Residential) Land Use: Residential Administrative Analysis The applicant is requesting approval to expand the existing convenience store and to construct a new storage building for the existing gas station under Modification 12 -08. The applicant has also submitted a new conditional use permit application (CUP 12 -11) requesting approval for an off -sale beer and wine (Type 20) ABC license for Rosemead Oil Company dba Chevron. Planning Commission Meeting September 16, 2013 Pape 4 of 25 The application is also requesting that the City determine that the issuance of this off - sale beer and wine license will serve the Public Convenience or Necessity (PCN 13 -01) as required by the State ABC when a project site is located within a census tract with undue concentration of alcohol licenses or located in a high crime reporting district with an undue concentration of crime. Site Plan As illustrated on the site plan (attached as Exhibit "C "), the existing 492 square foot convenience store will be enlarged. The enlarged convenience store will be located entirely beneath the existing canopy structure totaling 1,016 square feet of floor area. Four (4) fuel islands are located on the east side of the convenience store and two (2) fuel islands are located on the west side of the convenience store underneath the canopy structure. No changes to these fuel islands are proposed. The new 682 square foot storage building will be located adjacent to the existing trash enclosure and the 220 square foot storage building. The existing trash enclosure does not have a solid covered roof or self - closing, self - latching doors. The site plan illustrates that a new solid covered roof will be installed over the existing trash enclosure. The trash enclosure roof structure has been designed to complement the building's architecture and will be painted to match the building exterior. As shown on the site plan the air and water pumps will be relocated along the west property boundary. Rosemead Municipal Code Section 17.84.100 specifies one (1) parking stall is required for each two hundred fifty (250) square feet of floor area for commercial use. The Planning Commission Meeting September 16, 2013 Paqe 5 of 25 proposed convenience store will total 1,016 square feet of area and the proposed storage buildings will total 902 square feet of area. A total of eight (8) parking stalls are required (1,918/250). As shown on the site plan, ten (10) parking stalls are provided. The site plan illustrates that all parking stalls will be double striped in accordance to RMC Section 17.84.100. The site is secured with a six (6) foot tall, concrete block wall located along the west and south property boundary. No changes to the existing block walls are proposed with this project. The site is improved with landscaping throughout the site. Mature trees and scrubs are planted in the planters along the perimeter of the property. Floor Plan The existing convenience store totals 492 square feet. The addition to the convenience store will total 524 square feet. The convenience store will be expanded to accommodate a new cashier area, new sales area, a walk -in cooler, storage room, and an ADA restroom. The convenience store addition will result in a total of 1,016 square feet of floor area. The new storage building will total 682 square feet of area. Elevations The convenience store will be designed to match the existing building. The new building walls will be stucco finished and painted with two wall colors. The upper wall portion of the wall will be painted white (La Habra Snowball) and the lower wall color will be painted light brown (La Habra Clay). The storage building will be constructed using concrete blocks. The concrete block walls will be painted to match the convenience store wall colors. Retail Operations The original conditional use permit limited the convenience store and the fuel pumps along the western portion of the property to operate between the hours of 6:00 a.m. and 11:00 p.m. in an effort to reduce potential negative impacts to the neighboring residences. The fuel pumps along the eastern portion of the property were permitted to operate 24 hours daily. The applicant is requesting to modify condition number five (5) under PC Resolution 97- 25 - CUP 79 -158 (Exhibit D) to be permitted to extend the hours of operation for the convenience store and the fuel pumps along the western portion of the property. The applicant is requesting to operate the convenience store from 6:00 a.m. to 2:00 a.m. daily and to provide fuel service, for all of the fuel pumps, 24 hours daily. According to the applicant, the convenience store cashier "pass through" window will be used for fuel purchases only. In addition, the applicant has submitted an application for a new conditional use permit requesting the off -sale of beer and wine (Type 20) ABC license. The applicant is proposing to provide alcohol sales during the hours that the convenience store will operate, 6:00 a.m. to 2:00 a.m. daily. According to the applicant, the site is currently secured with an alarm system and a 24 -hour video surveillance system. The property Planning Commission Meeting September 16, 2013 Page 6 of 25 will continue to be secured with a 24 -hour video surveillance system upon the approval of this conditional use permit. According to the applicant the sale of beer and wine will be less than 5% of the overall sales for the convenience store. State Department of Alcoholic Beverage Control (ABC) and Public Safety Report State ABC is the sole agency that has the authority to issue alcohol licenses. In certain circumstances where there is an undue concentration of licenses in a census tract or an undue concentration of crime in a crime reporting district (defined as greater than 20% above the average number of reported crimes in all the crime reporting districts within the City), ABC will not issue a new off -sale license or certain on -sale licenses unless the local government body first grants a determination of PCN. The PCN process was established by ABC to allow a local jurisdiction to consider additional licenses in over - concentrated areas and determine if the additional licenses would serve the public convenience or necessity. A PCN can be granted and the alcohol license may be issued by ABC if the local decision making body or official determines that the public convenience or necessity would be served by the new license. The specific criteria and findings required for approval of a PCN determination are detailed in this report. Staff has received a worksheet from the ABC, which indicates that the subject store is currently located in a census tract that does not have an over concentration of alcohol licenses. ABC defines "over- concentration" as greater than one license per 1,528 residents living within the subject census tract. Based on the population (5,818 persons) of the census tract (No. 4823.03) in which the subject property is located, three (3) off -sale ABC licenses are permitted. Currently, there is one (1) authorized off - sale licenses (Type 20) for this census tract. However, Chevron is located in a crime reporting district in which the number of reported crimes is 20% greater than the average number of reported crimes in all the crime reporting districts within the City of Rosemead. The average number of reported crimes per reporting district in the City is 335.7; however, 572 crimes have been reported. As a result, the project lies in an area with undue concentration of crime. For this reason, a PCN finding is required by the City in order for ABC to issue the additional alcohol license. The City of Rosemead Public Safety Center and Chief of Police have reviewed this request and has indicated concern with the property's location within a high crime neighborhood and its proximity to the on -ramp of the 1 -10 freeway. According to the Chief of Police, the subject site had reported crimes of identity theft or fraudulent use of access cards within the last year. However, the surrounding neighborhood had reports of assault and a court ordered incident within the past year. For these reasons, the Chief of Police is recommending that the hours of operation for the convenience store be limited from 6:00 a.m. to 11:00 p.m. daily and after 11:00 p.m., all sales transactions shall take place through the pass through window. In addition, the Chief of Police is recommending that the sales of individual cans or bottles be prohibited and that all alcohol be stored and /or displayed away from the store entry. Planning Commission Meeting September 16, 2013 Page 7 of 25 The sale of alcohol for off -site consumption is an ancillary use to sale of fuel and convenience store and is not expected to cause obstructions to pedestrian traffic, vehicular traffic, or parking. The Chief of Police have indicated support of Chevron's request with the above recommendations, notwithstanding State ABC's finding that the there is an undue concentration of crime in the area. Regular inspections by State ABC, the Rosemead Public Safety Department and the Los Angeles County Sheriffs Department will ensure that the location is monitored and the sale of alcoholic beverages will not result in interference with children on their way to school, shoppers using streets, or defacement of surrounding properties. Existing Schools, Parks, and Churches in the Project Vicinity There are no schools or parks within 1000 -feet of this Chevron station. However, one church is located within approximately 100 -feet of the site. Although Chevron is located in close proximity to the church, no complaints have been received by the Planning Division related to this request. This use will provide a convenience to Chevron's customers as well as adjacent residential properties. Municipal Code Requirements Conditional Use Permit 79 -158 Modification was approved by the Rosemead Planning Commission on June 2, 1997, subject to conditions of approval outlined in Resolution 97 -25. Section 17.112.030(27) of the RMC describes the grounds for approving a gasoline station located in the C -I, C -3, CBD, and M zones with a Conditional Use Permit (CUP). Chapter 17.112 does not contain standards for the modification of a CUP. Therefore, City staff has applied the same standards to Chevron's request for a modification that were applied to the original CUP application. • The proposed use is essential or desirable to the public convenience or welfare. The proposed project is a request to expand the convenience store building and extend operating hours for both the store and the fuel pumps along the western portion of the lot. The business will continue to provide fuel sales in addition to retail sales in the enlarged retail store with extended operating hours. The proposed use is in harmony with the elements or objectives of the General Plan. The site is located in the C -3 Medium Commercial zone and is designated as Commercial in the General Plan. The site continues to operate as a gasoline station and convenience store, which is permitted upon the approval of a conditional use permit. The use of the site remains in harmony of the elements of the General Plan. The proposed use is not detrimental or injurious to surrounding property. Planning Commission Meeting September 16, 2013 Page 8 of 25 The use of the site will not change. The convenience store will be enlarged and hours of operation will be modified to provide convenience to Chevron's customers and the residents of the surrounding area. Section 17.112.030 (9) of the RMC allows off -sale alcohol licenses in the C -1, C -3, CBD, and M zones upon the granting of a CUP by the Planning Commission. RMC Section 17.112.010 sets the following criteria that must be met: • The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan; and The proposed use is located within an established commercial district of the City and is designated Commercial in the General Plan. The use of the site will continue as originally approved; gas station and convenience store. The granting of the off -sale of beer and wine license will be ancillary to the fuel sales and retail sales for the convenience store. • The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under this particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood; and The granting of the off -sale beer and wine license is not expected to be detrimental to the surrounding neighborhood. Specific conditions have been incorporated into the approval of this request to mitigate negative impacts, such as prohibiting the sale of individual beer cans and limiting the hours of operation for convenience store. The site is currently monitored with 24 -hour surveillance cameras and an alarm system. • The establishment, maintenance, and operation of the proposed use applied for will not, under the circumstances of the particular case, be detrimental or injurious to the general welfare of the City; The City anticipates that the proposed use will not endanger or otherwise constitute a menace to the City or surrounding properties. The off -sale of beer and wine will be incidental to the fuel sales and the retail sales for the convenience store. Maintenance and operational conditions have been added to minimize potential negative impacts to the surrounding neighborhood. These conditions include, but are not limited to, prohibiting the sale of individual cans of beer and locating the display /storage of beer and wine away from the store entry doors. Section 17.112.100 of the Rosemead Municipal Code states that in addition to the general findings required for the issuance of a Conditional Use Permit, the Planning Commission, or on appeal to the City Council, shall find that each of the following facts Planning Commission Meeting September 16, 2013 Page 9 of 25 or conditions exist, prior to the issuance of a new Conditional Use Permit authorizing the sale of alcoholic beverages: . The proposed use will not present problems including, but not limited to, loitering, obstruction of pedestrian traffic, increased vehicular traffic, increased parking demand, crime, interference with children on their way to school, interference with shoppers using streets, defacement and damage to property, and The off -sale of beer and wine will be incidental to the fuel sales and retail sales for the convenience store. Maintenance and operational conditions have been added to minimize potential negative impacts to the surrounding neighborhood. These conditions include, but are not limited to, prohibiting the sale of individual cans of beer and locating the display /storage of beer and wine away from store entry. Regular inspections by State ABC, the Rosemead Public Safety Department, and the Los Angeles County Sheriff's Department will ensure that the location is monitored, and that the sale of beer and wine will not result in interference with children on their way to school, shoppers using streets, or defacement of surrounding properties. The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; and The proposed use will not endanger or otherwise constitute a menace to the surrounding properties. Conditions of approval have been incorporated upon the issuance of this permit to uphold the integrity of the site and the nearby properties. The site is currently monitored with a surveillance camera system and an alarm system. The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use. The use shall not adversely affect the welfare of area residents or result in undue concentration in the neighborhood of establishments dispensing alcoholic beverages including beer and wine. Consideration shall be given regarding whether the proposed use will detrimentally affect nearby residentially zoned communities, considering distance to residential buildings, churches, schools, hospitals, public playgrounds, and other establishments dispensing alcoholic beverages. The proposed use will not endanger or otherwise constitute a menace to the surrounding properties, as specific conditions of approval will be in effect upon the issuance of this permit. The off -sale of beer and wine is an ancillary use to the fuel sales and the retail sales for the convenience store. Regular inspections by State ABC. the Rosemead Public Safety Department, and the Los Angeles County Sheriff's Department will ensure that the location is monitored and the serving of alcoholic beverages will not result in interference with children on their way to school, shoppers using streets, or defacement of surrounding properties. Planning Commission Meeting September 16, 2013 Paqe 10 of 25 The subject site is not located near any schools. One church is located within 100 -feet of the site however; the off -sale of beer and wine at this location is not expected to impact church operations. PUBLIC CONVENIENCE OR NECESSITY REQUIREMENTS The City Council adopted Resolution No. 2010 -34 on June 8, 2010, which adopted criteria for reviewing the public convenience or necessity of issuing alcohol licenses in areas with an undue concentration of licenses or crime. For purposes of determining whether public convenience or necessity will be served by issuance of an on -sale retail liquor license or off -sale retail liquor license, the following criteria may be considered: • Whether the issuance involves an existing business with a license which is being transferred to a new location, and which will not result in an increase in the total number of off -sale retail liquor licenses or on -sale retail liquor licenses in the City, or in the census tract in which the business would be located. The applicant is requesting a new Type 20 off -sale beer and wine license for an existing Chevron gasoline station and convenience store. According to State ABC, three (3) licenses are permitted within the census tract. However, only one (1) license currently exist. This request will increase the number of licenses (on- sale and off -sale) within the census tract; however, it will not result in an over - concentration of alcohol licenses. • Whether the business, by reason of its location, character, manner or method of operation, merchandise, or potential clientele, will serve a segment of the City's businesses or residents not presently being served. Chevron currently provides fuel sales along with retail sales from their convenience store for their customers. The sale of beer and wine within the existing convenience store will provide added convenience to Chevron's fuel customers providing a one stop shopping experience. • Whether the business will be located within 1000 -foot radius of incompatible land uses such as public and private schools, day care centers, churches, parks and alcohol rehabilitation centers and facilities designed to operate and serve minors. No schools or parks are located within 1000 -feet of the Chevron site. One (1) church is located within 100 feet from the store. Although Chevron is located in close proximity to the church, no complaints have been received by the Planning Division related to this request of a new off -sale beer and wine license. The off - sales of beer and wine is not expected to interfere with church operations. • Whether the location of the business will be in a crime data area covered by Sheriff Department statistics, which has a twenty percent (20 %) greater number of "reported crimes" than the average number of report crimes for all the crime Planning Commission Meeting September 16, 2013 Page 11 of 25 data areas in the City, over the previous year. For this purpose, "reported crimes" means reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all other arrests for other misdemeanor or felony crimes, except traffic citations. Based on statistics provided by the State Department of Alcohol Beverage Control, this Chevron site is located in a high crime area under Business and Professions Code Section 23958.4. Specific conditions have been incorporated into the approval of this request to mitigate any potential negative impacts to the residential neighborhood. The estimated sales area for the beer and wine is not expected to exceed 5% of the total retail area. Conditions have been incorporated to prohibit the sale of individual beer cans and locating the display /storage of beer and wine away from the entry of the store. With the conditions incorporated, it is not anticipated that the sale of beer and will exacerbate levels of crime or be a magnet for criminal activity. • Whether the issuance of the license involves an existing business, which has been located at a site which has had three or more "reported crimes" within the previous one year period. Chevron has operated since 1997. According to the Chief of Police the site and the surrounding neighborhood has had crimes reported. However, the crimes were related to credit card fraud. Specific conditions have been incorporated to mitigate any negative impacts to the neighborhood with the granting of this beer and wine license in conjunction with the existing convenience store. • Whether the issuance of the license would enhance or facilitate the vitality of an existing commercial area without being detrimental to the health, safety, and welfare of the community. Chevron currently provides fuel sales along with retail sales from their convenience store for their customers. The sale of beer and wine within the existing convenience store will provide added convenience to Chevron's fuel customers providing a one stop shopping experience. Security cameras and an alarm system currently secure the site in an effort to deter criminal activity and promote a safe environment. All beer and wine products will be displayed or stored at the rear of the store. Additionally, prohibiting the sale of individual cans or bottles of beer will deter criminal activity and promote a safe environment • Whether the off -sale of alcoholic beverages is incidental and appurtenant to a larger retail use and provides a more complete and convenient shopping experience. Planning Commission Meeting September 16, 2013 Page 12 of 25 Chevron currently provides fuel sales along with retail sales from their convenience store for their customers. The sale of beer and wine within the existing convenience store will provide added convenience to Chevron's fuel customers providing a one stop shopping experience. The sale of beer and wine will be incidental to the sales of the retail store and gasoline sales. The display area designated for alcohol will not exceed 5% of the total floor area of the store. • Whether the issuance of the license will promote the goals and policies of the City's General Plan, any applicable specific plan, or any similar policies that have been formally adopted by the City Council. The General Plan does not specifically designate uses permitted by a Conditional Use Permit. There are no applicable specific plans for this geographic area of the City. RMC Chapter 17.112 permits the requested use subject to a CUP within the zones corresponding to the land use designation within the General Plan. The site is zoned C -3 (Medium Commercial) and designated as Commercial by the General Plan, which allows for a wide range of neighborhood serving commercial uses. The site is located in a commercial corridor that offers a wide range of neighborhood- supporting retail and commercial services. Whether any other information supplied by the applicant, or other competent evidence shows that the public convenience or necessity will be served by the issuance of the license. Chevron will continue to serve the residents of Rosemead primarily with the sales of gasoline. The convenience store is an accessory use onsite. The addition of the beer and wine license will provide a convenience for Chevron's gasoline customers by eliminating the need for an additional shopping trip for snacks and drinks. Security cameras and an alarm system are currently installed to deter criminal activity and promote a safe environment. Additionally, all beer and wine will be displayed and stored towards the rear of the store (at the opposite end of the store from where the entrance is located). PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to sixty -two (62) property owners, publication in the Rosemead Reader, and postings of the notice at the five (5) public locations and on the subject site. Prepared by: Y k' S�O_e Gina Casillas Planning Technician Submitted /Ib'y:.. l ic W mi � he lle Rarez Community Development Director Planning Commission Meeting September 16, 2013 Page 13 of 25 EXHIBITS: A. Planning Commission Resolution No. 13 -15 B. Conditions of Approval C. Site Plan /Floor Plan /Elevations D. Original Conditions of Approval for CUP 79 -158 MOD Planning Commission Meeting September 16, 2013 Paqe 14 of 25 EXHIBIT "A" PC RESOLUTION 13 -15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 12 -08 FOR THE EXPANSION TO THE CONVENIENCE STORE AND CONSTRUCTION OF NEW STORAGE BUILDING; CONDITIONAL USE PERMIT 12 -11 FOR AN OFF -SALE BEER AND WINE (TYPE 20) ABC LICENSE AND A PUBLIC CONVENIENCE OR NECESSITY (PCN 13 -01) DETERMINATION. THE SUBJECT SITE IS LOCATED AT 3363 DEL MAR AVENUE IN THE C -3 (MEDIUM COMMERCIAL) ZONE. WHEREAS, on December 6, 2012, Myung Chung submitted a Modification application (MOD12 -08) for the expansion to the convenience store and the construction of a new storage building and a Conditional Use Permit application (CUP 12 -11) for a new Off -Sale Beer and Wine (Type 20) ABC license. The project is located at 3336 Del Mar Avenue, and WHEREAS, on June 6, 2013, Myung Chung submitted an application for Public Convenience or Necessity (PCN 13 -01) determination; and WHEREAS, 3363 Del Mar Avenue is located in the C -3 (Medium Commercial) zone; and WHEREAS, Section 17.112.010 of the Rosemead Municipal Code provides the purpose and criteria for a conditional use permit; 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 permit applications, and WHEREAS, on September 5, 2013, sixty -two (62) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in five (5) public locations and onsite, (specifying the availability of the application, plus the date, time, and location of the public hearing for Modification 12 -08, Conditional Use Permit 12 -11, and PCN 13 -01), on September 5, 2013, the notice was published in the Rosemead Reader; and WHEREAS, on September 16, 2013, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 12 -08, Conditional Use Permit 12 -11 and PCN 13 -01; and Planning Commission Meeting September 16, 2013 Page 15 of 25 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 Modification 12 -08 is Categorically Exempt from environmental review as a Class 1 Categorical Exemption pursuant to Section 15301 of California Environmental Quality Act (CEQA) guidelines and Conditional Use Permit 12 -11 and PCN 13 -01 are Categorically Exempt from environmental review as a Class 9 Categorical 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 Modification 12 -08, in accordance with Section 17.112 et seq., of the Rosemead Municipal Code as follows: A. The proposed use is essential or desirable to the public convenience or welfare; FINDING: The proposed project is a request to expand the convenience store building and extend operating hours for both the store and the fuel pumps along the western portion of the lot. The business will continue to provide fuel sales in addition to retail sales in the enlarged retail store with extended operating hours. . B. The proposed use is in harmony with the elements or objectives of the General Plan; FINDING: The site is located in the C -3 Medium Commercial zone and is designated as Commercial in the General Plan. The site continues to operate as a gasoline station and convenience store, which is permitted upon the approval of a conditional use permit. The use of the site remains in harmony of the elements of the General Plan.. C. The proposed use is not detrimental or injurious to surrounding property; FINDING: The use of the site will not change. The convenience store will be enlarged and hours of operation will be modified to provide convenience to Chevron's customers and the residents of the surrounding area SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 12 -11 in accordance with Sections 17.112.010 and 17.112.100 of the Rosemead Municipal Code as follows: A. The granting of such conditional use permit will be in harmony with the Planning Commission Meeting September 16, 2013 Paqe 16 of 25 elements or objectives of the General Plan; and FINDING: The proposed use is located within an established commercial district of the City and is designated Commercial in the General Plan. The use of the site will continue as originally approved, gas station and convenience store. The granting of the off -sale of beer and wine license will be ancillary to the fuel sales and retail sales for the convenience store. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under this particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood; and FINDING: The granting of the off -sale beer and wine license is not expected to be detrimental to the surrounding neighborhood. Specific conditions have been incorporated into the approval of this request to mitigate negative impacts such as prohibiting the sale of individual beer cans and limiting the hours of operation for convenience store. The site is currently monitored with 24 -hour surveillance cameras and an alarm system. C. The establishment, maintenance, and operation of the proposed use applied for will not, under the circumstances of the particular case, be detrimental or injurious to the general welfare of the City; FINDING: The City anticipates that the proposed use will not endanger or otherwise constitute a menace to the City or surrounding properties. The off -sale of beer and wine will be incidental to the fuel sales and the retail sales for the convenience store. Maintenance and operational conditions have been added to minimize potential negative impacts to the surrounding neighborhood. These conditions include, but are not limited to, prohibiting the sale of individual cans of beer and locating the display /storage of beer and wine away from the store entry doors. D. The proposed use will not present problems including, but not limited to, loitering, obstruction of pedestrian traffic, increased vehicular traffic, increased parking demand, crime, interference with children on their way to school, interference with shoppers using streets, defacement and damage to property; and FINDING: The off -sale of beer and wine will be incidental to the fuel sales and retail sales for the convenience store. Maintenance and operational conditions have been added to minimize potential negative impacts to the surrounding neighborhood. These conditions include, but are not limited to, prohibiting the sale of individual cans of beer and locating the display /storage of beer and wine away from store entry. Regular inspections by State ABC, the Rosemead Public Safety Department, and the Los Angeles County Sheriff's Department will ensure that the location is monitored, and that the sale of beer and wine will not result in interference with children on their way to Planning Commission Meeting September 16, 2013 Page 17 of 25 school, shoppers using streets, or defacement of surrounding properties. E. The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; and FINDING: The proposed use will not endanger or otherwise constitute a menace to the surrounding properties. Conditions of approval have been incorporated upon the issuance of this permit to uphold the integrity of the site and the nearby properties. The site is currently monitored with a surveillance camera system and an alarm system. The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use. F. The use shall not adversely affect the welfare of area residents or result in undue concentration in the neighborhood of establishments dispensing alcoholic beverages including beer and wine. Consideration shall be given regarding whether the proposed use will detrimentally affect nearby residentially zoned communities, considering distance to residential buildings, churches, schools, hospitals, public playgrounds, and other establishments dispensing alcoholic beverages. FINDING: The proposed use will not endanger or otherwise constitute a menace to the surrounding properties, as specific conditions of approval will be in effect upon the issuance of this permit. The off -sale of beer and wine is an ancillary use to the fuel sales and the retail sales for the convenience store. Regular inspections by State ABC, the Rosemead Public Safety Department, and the Los Angeles County Sheriffs Department will ensure that the location is monitored and the serving of alcoholic beverages will not result in interference with children on their way to school, shoppers using streets, or defacement of surrounding properties. The subject site is not located near any schools. One church is located within 100 -feet of the site however; the off - sale of beer and wine at this location is not expected to impact church operations. SECTION 4 . City Council Resolution No. 2010 -34 establishes the following criteria for evaluating whether public convenience or necessity will be served by the issuance of an on -sale or an off -sale alcohol license when an undue concentration of alcohol licenses or reported crimes exists: A. Whether the issuance involves an existing business with a license which is being transferred to a new location, and which will not result in an increase in the total number of off -sale retail liquor licenses or on -sale retail liquor licenses in the City, or in the census tract in which the business would be located. FINDING: The applicant is requesting a new Type 20 off -sale beer and wine license for an existing Chevron gasoline station and convenience store. According to State ABC, three licenses are permitted within the census tract, however only one license currently exist. This request will increase the number of licenses (on -sale and Planning Commission Meeting September 16, 2013 Page 18 of 25 off -sale) within the census tract however it will not result in an over - concentration of alcohol licenses. B. Whether the business, by reason of its location, character, manner or method of operation, merchandise, or potential clientele, will serve a segment of the City's businesses or residents not presently being served. FINDING: Chevron currently provides fuel sales along with retail sales from their convenience store for their customers. The sale of beer and wine within the existing convenience store will provide added convenience to Chevron's fuel customers providing a one stop shopping experience. C. Whether the business will be located within 1000 -foot radius of incompatible land uses such as public and private schools, day care centers, churches, parks and alcohol rehabilitation centers and facilities designed to operate and serve minors. FINDING: No schools or parks are located within 1000 -feet of the Chevron site. One (1) church is located within 100 -feet from the store. Although Chevron is located in close proximity to the church, no complaints have been received by the Planning Division related to this request of a new off -sale beer and wine license. The off -sale of beer and wine is not expected to interfere with church operations. D. Whether the location of the business will be in a crime data area covered by Sheriff Department statistics, which has a twenty percent (20 %) greater number of "reported crimes" than the average number of report crimes for all the crime data areas in the City, over the previous year. For this purpose, "reported crimes" means reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all other arrests for other misdemeanor or felony crimes, except traffic citations. FINDING: Based on statistics provided by the State Department of Alcohol Beverage Control, this Chevron site is located in a high crime area under Business and Professions Code Section 23958.4. Specific conditions have been incorporated into the approval of this request to mitigate any potential negative impacts to the residential neighborhood. The estimated sales area for the beer and wine is no expected to exceed 5% of the total retail area. Conditions have been incorporated to prohibit the sale of individual beer cans and locating the display /storage of beer and wine away from the entry of the store. With the conditions incorporated, it is not anticipated that the sale of beer and will exacerbate levels of crime or be a magnet for criminal activity. E. Whether the issuance of the license involves an existing business, which has been located at a site which has had three or more "reported crimes" within the previous one year period. Planning Commission Meeting September 16, 2013 Paoe 19 of 25 FINDING: Chevron has operated since 1997. According to the Chief of Police, the site and the surrounding neighborhood has had crimes reported. However, the crimes were related to credit card fraud. Specific conditions have been incorporated to mitigate any negative impacts to the neighborhood with the granting of this beer and wine license in conjunction with the existing convenience store. F. Whether the issuance of the license would enhance or facilitate the vitality of an existing commercial area without being detrimental to the health, safety, and welfare of the community. FINDING: Chevron currently provides fuel sales along with retail sales from their convenience store for their customers. The sale of beer and wine within the existing convenience store will provide added convenience to Chevron's fuel customers providing a one stop shopping experience. Security cameras and an alarm system currently secure the site in an effort to deter criminal activity and promote a safe environment. All beer and wine products will be displayed or stored at the rear of the store. Additionally, prohibiting the sale of individual cans or bottles of beer will deter criminal activity and promote a safe environment G. Whether the off -sale of alcoholic beverages is incidental and appurtenant to a larger retail use and provides a more complete and convenient shopping experience. FINDING: Chevron currently provides fuel sales along with retail sales from their convenience store for their customers. The sale of beer and wine within the existing convenience store will provide added convenience to Chevron's fuel customers providing a one stop shopping experience. The sale of beer and wine will be incidental to the sales of the retail store and gasoline sales. The display area designated for alcohol will not exceed 5% of the total floor area of the store. H. Whether the issuance of the license will promote the goals and policies of the City's General Plan, any applicable specific plan, or any similar policies that have been formally adopted by the City Council. FINDING: The General Plan does not specifically designate uses permitted by a Conditional Use Permit. There are no applicable specific plans for this geographic area of the City. Rosemead Municipal Code Chapter 17.112 permits the requested use subject to a Conditional Use Permit within the zones corresponding to the land use designation within the General Plan. The site is zoned C -3 (Medium Commercial) and designated as Commercial by the General Plan, which allows for a wide range of neighborhood serving commercial uses. The site is located in a commercial corridor that offers a wide range of neighborhood - supporting retail and commercial services. Planning Commission Meeting September 16, 2013 Page 20 of 25 I. Whether any other information supplied by the applicant, or other competent evidence shows that the public convenience or necessity will be served by the issuance of the license. FINDING: Chevron will continue to serve the residents of Rosemead primarily with the sales of gasoline. The convenience store is an accessory use onsite. The addition of the beer and wine license will provide a convenience for Chevron's gasoline customers by eliminating the need for an additional shopping trip for snacks and drinks. Security cameras and an alarm system are currently installed to deter criminal activity and promote a safe environment. Additionally, all beer and wine will be displayed and stored towards the rear of the store (at the opposite end of the store from where the entrance is located). SECTION 5 . The Planning Commission HEREBY APPROVES Modification 12- 08 permitting the expansion of the convenience store and construction of a new storage building, Conditional Use Permit 12 -11 for a new Off -Sale Beer and Wine (Type 20) ABC license and Public Convenience or Necessity (PCN) 13 -01 determination, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 6 . This resolution is the result of an action taken by the Planning Commission on September 16, 2013, by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 7 . 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 16 day of September, 2013. Diana Herrera, Chair Planning Commission Meeting September 16, 2013 Pace 21 of 25 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 16 day of September, 2013 by the following vote: YES: NO: ABSENT: ABSTAIN: Michelle G. Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting September 16, 2013 Page 22 of 25 EXHIBIT "B" MODIFICATION 12 -08, CONDITIONAL USE PERMIT 12 -11, AND PCN 13 -01 CONDITIONS OF APPROVAL September 16, 2013 1. Modification 12 -08, Conditional Use Permit 12 -11, and PCN 13 -01 are approved for the expansion to the convenience store and the construction of a new storage building and a Conditional Use Permit application for a new On Sale Beer and Wine (Type 20) ABC license, in accordance with the plans marked Exhibit "C ", dated September 3, 2013. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions for review. 3. All conditions of approval set forth in Conditions of Approval for CUP 79 -158 MODIFICATION shall remain in effect except for Condition number eight (8) which is modified under this application. 4. Approval of Modification 12 -08, Conditional Use Permit 12 -11, and PCN 13 -01 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 of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 5. Modification 12 -08, Conditional Use Permit 12 -11, and PCN 13 -01 are approved for a period of one (1) year. The applicant shall commence the proposed use or request an extension within 30- calendar days prior to expiration. The one (1) year initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If Modification 12 -08, Conditional Use Permit 12 -11, and PCN 13 -01 have been unused, abandoned, or discontinued for a period of one (1) year it shall become null and void. 6. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications. 7. All conditions shall be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. Planning Commission Meeting September 16, 2013 Page 23 of 25 8. Modification 12 -08, Conditional Use Permit 12 -11, and PCN 13 -01 are granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Modification 12 -08, Conditional Use Permit 12 -11, and PCN 13 -01. 9. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 10. 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. 11. Building permits will not be issued in connection with any project until such time as all plan check fees, and all other applicable fees, are paid in full. 12. The numbers of the address signs shall be at least 6" tall with a minimum character width of 3/4 ", contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the City Planner, or his or her designee, prior to installation. 13. All requirements of the Building Division and the Planning Division shall be complied with prior to the final approval of the proposed construction. 14. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday to Saturday. No construction shall take place on Sundays or on any federal holidays without prior approval by the City. 15. The Planning staff shall have access to the subject property at any time during construction to monitor progress. 16. 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) 569 -2345 for assistance. Planning Commission Meeting September 16, 2013 Page 24 of 25 17. 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. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 18. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. There shall be no mechanical equipment located on the sides of the building. Such equipment shall not exceed the height of the parapet wall. All ground level mechanical /utility equipment (including meters, back flow preservation devices, fire valves, A/C condensers, furnaces, utility cabinets and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right of way or other public space within the development. The Planning Division shall approve said screening prior to installation. 19. The parking area adjacent to the project area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner. 20. The trash enclosure roof shall be an integral part of the building design and be of the same architectural style of the development. The trash enclosure shall be equipped with opaque steel self - closing and self - latching doors. The trash area must be maintained and the opaque doors shall be closed at all times. 21. All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 22. The on -site public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Modification 12 -08, Conditional Use Permit 12 -11, and PCN 13 -01. 23. Window signs shall not cover more than 15% of window and glass door areas. All banners and temporary signs shall be permitted by the Rosemead Planning Division prior to installation. 24. A current letter grade issued to the business by the LA County Department of Health Services shall be properly posted in the convenience store. 25. All requirements and appropriate licenses of the State of California and California State Department of Alcohol Beverage Control shall be complied with and Planning Commission Meeting September 16, 2013 Page 25 of 25 maintained at all times. No alcohol is to be sold for the purpose of on -site consumption. 26. The applicant shall post signs stating "Possession of open alcoholic beverages on the premise prohibited by law along sidewalks and parking areas ". 27. No advertisements or illuminated signs shall be displayed that are visible from the exterior of the convenience store which advertises alcoholic beverages. 28. Prior to Occupancy, the applicant shall submit a security plan subject to the review and approval of the Community Development Director and the Chief of Police. The plan shall include a functioning recordable video surveillance system with 60 -day storage capacity, capturing all doors and employee areas, cash registers, alcohol storage areas, and the entire exterior of the property. If warranted on the basis of the City of Rosemead Public Safety or Los Angeles County Sheriff's Department incident reports, the City shall have the right to require additional security measures. 29. The convenience store doors shall remain open (unlocked) between the hours of 6:00 a.m. to 11:00 p.m., daily. The convenience store doors shall remain locked between the hours of 11:00 p.m. and 6:00 a.m. daily. All sales transactions taking place between the hours of 11:00 p.m. and 6:00 a.m. shall be made using the "pass through window" only. The hours of operation of shall be posted in the front window or door. 30. At no time shall single cans or single bottles of beer or wine for individual consumption be sold or provided for sale. 31. The exterior of the property and interior of the convenience store shall remain well lit during all business hours. 32. Three (3) 24" box parkway trees must be installed in a 2.5'x3' tree well per City Std. S08-003. (Engineering) 33. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. EXHIBIT "A" TENTATIVE PARCEL MAP 24772 CONDITIONAL USE PERMIT 79 -158; MODIFICATION 3363 Del Mar Avenue CONDITIONS OF APPROVAL May 19. 1997 1. Tentative Parcel Map 24772 shall be finaled and recorded within two (2) years of tentative approval. Failure to do so may result in the map's expiration and the need for another tentative map application. Any request for extension must be submitted, in writing, together with ten (10) copies of the map and corresponding plans, to the Planning Department 30 days before expiration date. 2. All conditions of Tentative Parcel Map 24772 and CUP 79 -158 must be complied with to the satisfaction of the Director of Planning, prior to final approval of associated maps, building permits, occupancy permits, or any other appropriate request. 3. The conditions listed on this Exhibit shall be copied d onto development plans submitted to the Planning and Building Departments for review. 4. Conditional Use Permit Modification 79 -158 is approved for a period of one (1) year, at which time it shall be reviewed by the Planning Commission for an extension. The occupant shall file a request for an extension at least thirty (30) days before expiration with the Planning Department. 5. Approval shall not take effect for any purpose until the applicant has filed with the City of Rosemead an 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. 6. Prior to issuance of building permits, any revisions to the proposed plans (Exhibit C) must be resubmitted for review and approval by the Planning Department. 7. 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. 8. The four service islands on the western portion of the property will remain closed from 11:00 pm to 6:00 am. The food mart will be closed from 11:00 pm to 6:00 am and only the cashier window will remain open. The business will have full service of the site during all other hours. 9. The project shall comply with the conditions set forth in the City Engineer's Report dated May 14. 1997 and the Fire Departments recommendation dated May 12 1997 These conditions shall be completed to the City Engineer's and Fire Department's satisfaction prior to recordation of the final map. 10. The southern and westerly perimeter property lines of the newly created lot on shall be fenced with a s;xx -foot (6') high masonry wall, with finished surface on both sides. 11. No portion of the front, rear or side yards shall be used for storage of any type. 12. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of Cie Planning Department. 13. Driveways and parking areas shall be surfaced and improved with Portland concrete cement or asphaltic concrete, and thereafter maintained in good serviceable condition. 14. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. Exhibit D 15. Applicant shall install and complete all necessary public improvements, including but not limited to street, curbs, gutters, sidewalks, handicap ramps and storm drains, along the entire street frontage of the development site as required by the D of Planning. 16. Prior to issuance of building permits, the Planning Department shall review and approve all electric underground.utility transformer locations for compatibility with the site design. All portions of the transformers that are above ground shall be adequately screened with landscaping and/or screen walls. Landscaping shall be reviewed and approved by the Planning Department. IT All ground level mechanicallutility equipment (including meters, back flow preservation devices, fire valves and other equipment) shall be screened by screening walls and /or landscaping to the satisfaction of the Planning Department. 18. All utilities shall be placed underground including facilities and wires for the supply and distribution of electrical energy, telephone, cable television, etc. The underground conversion of these utilities shall consider all future connections to the satisfaction of the D of Planning. 19. The hours of construction shall be limited from 7 a.m. to 6 p.m. Monday - Saturday. No construction shall take place on Sundays or on any legal holidays without prior approval by the City. Pursuant to Section 4310 (c) of the Rosemead Municipal Code. 20. Planning staff shall have access to the subject property at any time during construction to monitor progress. 21. The property shall be graded to drain to the street, but in no case shall such drainage be allowed to sheet flow across public sidewalk. A grading and /or drainage plan shall be Prepared, submitted to and approved by the Building Official, and such grading and drainage shall take place in accordance with such approved plan. 22. Prior to issuance of Building permits, a landscaping plan shall be submitted to the Planning Department for review. It shall include an irrigation plan with automatic timers and moisture sensors. 23. Mature Italian Cypress trees shall be planted along the westerly wall of the prop sty. These trees shall be shown on the landscape plan. 24. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilisation and weed abatement. 25. All planter areas shall be maintained regularly and cleared of any litter or debris. 26. No trees shall be removed other than those shown on the approved plans. 27. Landscape materials and irrigation systems are to be inspected by a City representative prior to final release of utilities. 28. The business shall prevent loitering and illegal activity in the parking lot. 29. The trash enclosure shall be relocated so as not to adjoin residential properties. 30. All outride trash, garbage and refuse containers shall be stored in a masonry walled enclosure not less than 6 feet high, to the rear of the site. No storage shall exceed the height of the walls. Adequate paved vehicular access shall be provided to and from such areas for collection of trash. 31. No vehicles shall be parked or displayed on the premises other than those of persons attending to business on the site. 32. Outside lighting shall be arranged and shielded so as to prevent any glare, reflection, nuisance or hazardous interference of any kind to adjoining property or buildings. 33. No finals will be given until all as -built site improvement plans have been submitted to the Building Department. 34. All requirements of the Building and Safety Department and Planning Department shall be complied with prior to the final approval of the proposed construction. 35. NO OCCUPANCY will be granted until ALL EAPROVEMFNTS required by this approval have been completed, inspected, and approved by the appropriate department(s). 36. The property shall be kept cleared of weeds, debris and abandoned vehicles, and maintained pursuant to the County Fire and Health codes until it is developed. All trash shall be contained in trash bins and removed on an as- needed basis. No trash shall be visible from outside the trash bin. Surplus construction materials shall be stores so as to be screened from public view when not actually in use. 37. A 6' -high fence, composed of chain link or other approved material shall totally enclose the perimeter of the property when vacant, under construction, or under demolition, and said fence shall remain until Occupancy is granted. A All trash, rubbish and garbage receptacles shall be regularly cleaned, and inspected and maintained in a clean, safe and sanitary condition. 39. The site shall be maintained in a clean and litter free state in accordance with Section 5401 -5405 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. Any new litter and graffiti shall be removed within twenty -four (24) hours. 40. 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. 41. There shall be no signs in excess of thirty -five (35) feet in height. 42. Signs shall comply with Section 9900 -9905 of the Rosemead Municipal Code (RMC). Signs shall not cover more than 25% of the building area or 15% of the window area. All signs shall comply with Section 9906 -A (RMC) regarding of the identification of the type of business in English. 43. The applicant shall maintain a minimum clearance of five (5) feet free of any debris, storage, furniture, etc. from any electrical and mechanical equipment, and emeraency exits. 44. Prior to operation, the applicant shall obtain an Occupancy Permit from the Planning Department and the Building Department, and a business license. Such permits are required for new businesses and gas /service stations. 45. The City shall inspect the subject site at least one time each year to review conformance with attached conditions. Findings of said investigation shall be reported to the Planning Commission for receipt and /or action. 46. Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings.