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PC - 2013-15 - Approving Modification 12-08 For the Expansion to teh Convenience Store and Construction of New Storage Building; Conditional Use Permit 12-11 For an Off-Sale Beer and Wine ABC License and A Public Convenience or NecesssityPC 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 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 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 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 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. 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 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. 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. 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: DINH, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSENT: NONE ABSTAIN: NONE 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. An /I/� ✓/cG� l� ma 1/'v ehx 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: DINH, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSENT: NONE ABSTAIN: NONE Michelle G. Ramirez, Q&cretary APP VED AS T RM: Gre urphy, PlannNag Commission Attorney Burke, Williams & Sorensen, LLP 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. 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. 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 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 Sherifrs 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. Alcohol sales shall only be permitted to take place between those hours the convenience store is open. The hours of operation shall be posted in the front window or door. (Modified by the Planning Commission on September 16, 2013) 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.