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PC - Item 3B - PCN 14-01 - 2245 San Gabriel BoulevardROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: DECEMBER 1, 2014 SUBJECT: PCN 14 -01 2245 SAN GABRIEL BOULEVARD Summary Jose Rodolfo Bravo Garcia, owner of El Indio Market, has submitted a Public Convenience or Necessity (PCN) application requesting that the City of Rosemead determine that the issuance of a new off -sale beer and wine license for the existing Conditional Use Permit (CUP 96 -696) for this meat market will serve the public convenience or necessity, as required by the State Department of Alcoholic Beverage Control (ABC) when a project site is located within a census tract with an undue concentration of alcohol licenses and /or a crime reporting district with an undue concentration of crime. The subject site is located at 2245 San Gabriel Boulevard, in the C -3 (Medium Commercial) zone. Environmental Determination Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. Accordingly, PCN 14 -01 is classified as a Class 9 Categorical Exemption, pursuant to Section 15309 of CEQA guidelines. Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time fo the lead agency's determination. Accordingly, PCN 14 -01 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of CEQA guidelines. Planning Commission Meeting December 1, 2014 Page 2 of 16 Staff Recommendation It is recommended that the Planning Commission ADOPT Resolution No. 14 -19 (Exhibit "A ") and APPROVE PCN 14 -01 with findings, subject to the eighteen (18) conditions of approval outlined in Attachment "A" attached hereto. Property History and Description The subject property is located on the southwest corner of San Gabriel Boulevard and Baruch Street, within a shopping center. According to the Los Angeles County Assessor's Office, the subject property consists of of approximately 21,500 square feet of lot area. The meat market consists of approximately 2,145 square feet of floor area. The site may be accessed from San Gabriel Boulevard and Baruch Street. On January 20, 1997, the Rosemead Planning Commission approved Conditional Use Permit (CUP) 96 -696 for the transfer of an existing off -sale beer and wine ABC license (Type 20) at this site. The previous Conditional Use Permits approved for off -sale beer and wine license are: CUP 83 -257, CUP 85 -319, CUP 85 -342, and CUP 86 -355. Aerial Photo Planning Commission Meeting December 1, 2014 Page 3 of 16 Site and Surrounding Land Uses The project site is designated in the General Plan as Mixed Use: Industrial /Commercial and on the zoning map as C -3 (Medium Commercial) zone. The site is surrounded by the following land uses: North General Plan Designation: Zoning: Land Use: South General Plan Designation: Zoning: Land Use: East General Plan Designation: Zoning: Land Use: West General Plan Designation: Zoning: Land Use: Mixed Use: Industrial /Commercial C -3 (Medium Commercial) Commercial Mixed Use: Industrial /Commercial C -3 (Medium Commercial) Commercial Mixed Use: Industrial /Commercial C -3 (Medium Commercial) Commercial Medium Density Residential R -2 (Light Multiple Residential) Residential Administrative Analysis The applicant is requesting that the City of Rosemead determine that the issuance of an off -sale beer and wine license for the existing Conditional Use Permit (CUP 96 -696) will serve the public convenience or necessity, as required by the State Department of Alcoholic Beverage Control (ABC) when a project site is located within a census tract with an undue concentration of alcohol licenses and /or a crime reporting district with an undue concentration of crime. The applicant is requesting a new off -sale beer and wine (Type 20) license from the State Department of Alcoholic Beverage Control for an existing meat market. The existing business has operated with an approved Conditional Use Permit for sale of alcoholic beverages since 1983. Recently, the business had a change in ownership. During this process, the applicant was unable to obtain the Type 20 ABC license via transfer due to complications during the escrow process; instead, the applicant applied for a new Type 20 ABC license. As a result, the previous Type 20 ABC license (License No. 325861) has been surrendered and remains on record until January 31, 2015. With the expiration of License No. 325861, the total number of off -sale retail liquor licenses would not be increased in the City or subject census tract. Planning Commission Meeting December 1, 2014 Page 4 of 16 Site Plan The existing shopping center consists of approximately 9,098 square feet of floor area. The applicant is not proposing any changes to the building or parking area. Other businesses in the shopping center include a bakery, tax service office, and medical clinic. Floor Plan The applicant's meat market consists of approximately 2,145 square feet of floor area. According to the applicant, the sale of beer and wine comprises less than one percent (1 %) of the floor area. The applicant is not proposing any changes to the use of the subject suite. Retail Operations The existing Conditional Use Permit (CUP 96 -696) limits the hours of operation from 8:30 a.m. to 8:00 p.m., daily. Per Rosemead's Chief of Police (Lt. Ignacio Somoano) recommendation, the current hours of operation shall remain in effect. The applicant is currently operating within the allowed hours of operation. The applicant is not requesting any modifications to the existing Conditions of Approval. State Department of Alcoholic Beverage Control (ABC) and Public Safety Report The State Department of Alcoholic Beverage Control 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 have received a worksheet from the ABC, which indicates that the subject meat market is currently located in a census tract that does have an over concentration of alcohol licenses. ABC defines "overconcentration" as greater than one license per 1,537 residents living within the subject census tract. Based on the population (approximately 4,226 persons) of the census tract (No. 4825.03) in which the subject property is located, two (2) off-sale ABC licenses are permitted. Currently, there are four (4) authorized off -sale licenses (Type 20) for this census tract. The subject meat market 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 Planning Commission Meeting December 1, 2014 Page 5 of 16 crimes per reporting district in the City is 213.4; however, 544 crimes have been reported in the subject district. As a result, the project site lies in an area with undue concentration of licenses and crime within the subject census tract and crime reporting district, respectively. 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 provided information in regards to crime and crime prevention. According to the Chief of Police, the subject business reported a petty theft crime within the last year. There has been 31 calls for police services associated with the subject business address in the last 5 years, including: criminal threats, burglary alarm activations, structure fires, illegally parked vehicles, robbery, mentally persons calls, suspicious persons, and theft reports. For these reasons, the Chief of Police is requiring that the applicant submit a security plan, subject to the review and approval of the City and Chief of Police. The security plan should address and incorporate the following: functioning recordable video surveillance (with 60 -day storage capacity), exterior and interior illumination during business hours, and display and storage of alcohol away from the front entry. The sale of alcohol for off -site consumption is an ancillary use to the meat market and is not expected to cause obstructions to pedestrian traffic, vehicular traffic, or parking. 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 a 1000 -feet radius of the subject meat market. However, one (1) church is located approximately 0.2 miles from the subject site. Although the meat market is located in close proximity to the church, no complaints have been received by the Planning Division or Public Safety Department related to this request. Public Convenience or Necessity Requirements The City Council adopted Resolution No. 2010 7 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. Planning Commission Meeting December 1, 2014 Page 6 of 16 The applicant is requesting a new off -sale beer and wine (Type 20) license from the State Department of Alcoholic Beverage Control for an existing meat market. The existing business has operated with an approved Conditional Use Permit for sale of alcoholic beverages since 1983. Recently, the business had a change in ownership. During this process, the applicant was unable to obtain the Type 20 ABC license via transfer due to complications during the escrow process; instead, the applicant applied for a new Type 20 ABC license. As a result, the previous Type 20 ABC license (License No. 325861) has been surrendered and remains on record until January 31, 2015. With the expiration of License No. 325861, the total number of off -sale retail liquor licenses would not be increased in the City or subject census tract. • 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. The existing meat market currently sells a variety of items, including meat, to customers. The sale of beer and wine within the existing meat market will provide added convenience to 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 a 1000 -foot radius of the subject site. One (1) church is located approximately 0.2 miles from the subject site. Although the existing meat market is located in close proximity to the church, no complaints have been received by the Planning Division or Public Safety Department related to this request. The off -sale 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 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, the subject site is located in a high crime area. 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 one percent (1 %) of the total floor Planning Commission Meeting December 1, 2014 Page 7 of 16 area. Conditions have been incorporated to locate the display and storage of beer and wine away from the front entry of the meat market. With the conditions incorporated, it is not anticipated that the sale of beer and wine 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. The existing meat market has one (1) reported petty theft crime within the previous one year period. Specific conditions have been incorporated to mitigate any negative impacts to the neighborhood with regards to this off -sale beer and wine license in conjunction with the meat market. • 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. The sale of beer and wine within the existing meat market will provide added convenience to customers, providing a one -stop shopping experience. Specific conditions have been incorporated to deter criminal activity and promote a safe environment. Functioning recordable video surveillance and illumination will discourage crime. All beer and wine products will be displayed and stored away from the front entry. • 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. The sale of beer and wine within the existing meat market will provide added convenience to customers, providing a one -stop shopping experience. The sale of beer and wine will be incidental to the sales of the meat market. The display area designated for alcohol will not exceed one percent (1 %) of the total floor area of the meat market. • 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. Rosemead Municipal Code (Section 17.30.040) 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 Mixed Use: Industrial /Commercial by the Planning Commission Meeting December 1, 2014 Paqe 8 of 16 General Plan. 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. The existing meat market will continue to serve the residents of Rosemead primarily with a variety of items, including meat. The addition of the beer and wine license will provide a convenience for customers by eliminating the need for an additional shopping trip for alcoholic beverages. A security plan, subject to the review and approval of the City and Chief of Police, will be required to deter criminal activity and promote a safe environment. Additionally, all beer and wine will be displayed and stored away from the front entry. Public Notice Process This item has been noticed through the regular agenda notification process, which includes a 300 -foot radius public hearing notice to sixty (60) property owners, publication in the Rosemead Reader on November 20, 2014, and postings of the notice at the six (6) public locations and on the subject site. Prepared by: Cory Hanh Assistant P nner Submitted by: � Michelle Ramirez Community Development Director EXHIBITS: A. Planning Commission Resolution No. 14 -19 B. Original Conditions of Approval for CUP 96 -696 C. Site Plan /Floor Plan Planning Commission Meeting December 1, 2014 Page 9 of 16 EXHIBIT "A" PC RESOLUTION 14 -19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING A PUBLIC CONVENIENCE OR NECESSITY (PCN 14 -01) DETERMINATION. THE SUBJECT SITE IS LOCATED AT 2245 SAN GABRIEL BOULEVARD (APN: 5284 - 007 -022), IN THE C -3 (MEDIUM COMMERCIAL) ZONE. WHEREAS, on October 13, 2014, Jose Rodolfo Bravo Garcia submitted a Public Convenience or Necessity (PCN) application requesting that the City of Rosemead determine that the issuance of a new off -sale beer and wine license for the existing Conditional Use Permit (CUP 96 -696) for this meat market will serve the public convenience or necessity, as required by the State Department of Alcoholic Beverage Control (ABC) when a project site is located within a census tract with an undue concentration of alcohol licenses and /or a crime reporting district with an undue concentration of crime. The subject site is located at 2245 San Gabriel Boulevard; WHEREAS, 2245 San Gabriel Boulevard is located in the C -3 (Medium Commercial) zone; WHEREAS, City Council Resolution No. 2010 -34 provides the purpose and criteria for determination of public convenience or necessity; WHEREAS, Sections 65800 & 65900 of the California Government Code authorize the Planning Commission to approve, conditionally approve, or deny public convenience or necessity applications; WHEREAS, on November 20, 2014, sixty (60) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in six (6) public locations and on -site, specifying the availability of the application, and the date, time, and location of the public hearing for PCN 14 -01, and on November 20, 2014, the notice was published in the Rosemead Reader; WHEREAS, on December 1, 2014, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to PCN 14- 01; WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. Planning Commission Meeting December 1, 2014 Page 10 of 16 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that PCN 14 -01 is exempt, pursuant to Section 15309 and 15301 of the California Environmental Quality Act (CEQA) guidelines. Section 15309 of the California Environmental Quality Act guidelines exempts projects consisting of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. Section 15301 of the California Environmental Quality Act guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time fo the lead agency's determination. SECTION 2. 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 off -sale beer and wine (Type 20) license from the State Department of Alcoholic Beverage Control for an existing meat market. The existing business has operated with an approved Conditional Use Permit for sale of alcoholic beverages since 1983. Recently, the business had a change in ownership. During this process, the applicant was unable to obtain the Type 20 ABC license via transfer due to complications during the escrow process; instead, the applicant applied for a new Type 20 ABC license. As a result, the previous Type 20 ABC license (License No. 325861) has been surrendered and remains on record until January 31, 2015. With the expiration of License No. 325861, the total number of off - sale retail liquor licenses would not be increased in the City or subject census tract. 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: The existing meat market currently sells a variety of items, including meat, to customers. The sale of beer and wine within the existing meat market will provide added convenience to customers, providing a one -stop shopping experience. Planning Commission Meeting December 1, 2014 Page 11 of 16 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 a 1000 -foot radius of the subject site. One (1) church is located approximately 0.2 miles from the subject site. Although the existing meat market is located in close proximity to the church, no complaints have been received by the Planning Division or Public Safety Department related to this request. 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, the subject site is located in a high crime area. 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 one percent (1 %) of the total floor area. Conditions have been incorporated to locate the display and storage of beer and wine away from the front entry of the meat market. With the conditions incorporated, it is not anticipated that the sale of beer and wine 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: The existing meat market has one (1) reported petty theft crime within the previous one year period. Specific conditions have been incorporated to mitigate any negative impacts to the neighborhood with regards to this off -sale beer and wine license in conjunction with the meat market. 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: The sale of beer and wine within the existing meat market will provide added convenience to customers, providing a one -stop shopping experience. Specific conditions have been incorporated to deter criminal activity and promote a safe Planning Commission Meeting December 1, 2014 Page 12 of 16 environment. Functioning recordable video surveillance and illumination will discourage crime. All beer and wine products will be displayed and stored away from the front entry. 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: The sale of beer and wine within the existing meat market will provide added convenience to customers, providing a one -stop shopping experience. The sale of beer and wine will be incidental to the sales of the meat market. The display area designated for alcohol will not exceed one percent (1 %) of the total floor area of the meat market. 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 (Section 17.30.040) 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 Mixed Use: Industrial /Commercial by the General Plan. 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: The existing meat market will continue to serve the residents of Rosemead primarily with a variety of items, including meat. The addition of the beer and wine license will provide a convenience for customers by eliminating the need for an additional shopping trip for alcoholic beverages. A security plan, subject to the review and approval of the City and Chief of Police, will be required to deter criminal activity and promote a safe environment. Additionally, all beer and wine will be displayed and stored away from the front entry. SECTION 3. The Planning Commission HEREBY APPROVES Public Convenience or Necessity (PCN) 14 -01 determination, subject to conditions listed in Attachment "A" attached hereto and incorporated herein by reference. SECTION 4. This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Rosemead Municipal Code Section 17.160.040 — Appeals of Decisions. Planning Commission Meeting December 1, 2014 Page 13 of 16 SECTION 5. This resolution is the result of an action taken by the Planning Commission on December 1, 2014, by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 6. 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 1st day of December, 2014. Nancy Eng, Chair 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 1s day of December, 2014, by the following vote: YES: NO: ABSENT: ABSTAIN: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting December 1, 2014 Pape 14 of 16 ATTACHMENT "A" PUBLIC CONVENIENCE OR NECESSITY 14 -01 2245 SAN GABRIEL BOULEVARD (APN: 5284- 007 -022) CONDITIONS OF APPROVAL December 1, 2014 1. PCN 14 -01 shall be in compliance and remain in compliance with all Conditions of Approval for CUP 96 -696, in addition to the Conditions of Approval for PCN 14 -01. 2. PCN 14 -01 is approved for the determination that an off -sale beer and wine (Type 20) ABC license will service the public convenience or necessity, in accordance with the plans marked Exhibit "C ", dated October 13, 2014. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 3. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions for review. 4. Approval of PCN 14 -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. PCN 14 -01 is 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 PCN 14 -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 December 1, 2014 Page 15 of 16 8. PCN 14 -01 is 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 PCN 14 -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 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. 13. The on -site public hearing notice posting shall be removed at the end of the 10- day appeal period of PCN 14 -01. 14. The applicant shall post signs stating 'Possession of open alcoholic beverage containers on these premises is prohibited by law. CA Penal Code Section 647e. RMC Section 9.08.070 ". 15. Prior to occupancy, the applicant shall submit a security plan, subject to the review and approval of the City and Chief of Police. The security plan shall incorporate the following: a functioning recordable video surveillance system with 60 -day storage capacity, capturing all doors, employee areas (including cash register area), alcohol storage areas, and the entire exterior of the property (including driveways). 16. The exterior of the property and interior of the meat market shall remain well illuminated during all business hours. Planning Commission Meeting December 1, 2014 Page 16 of 16 17. All alcohol shall be displayed and stored away from the front entry. 18. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. EMMIT .: EXHIBIT "A" CASE N®.. PC O 14-0 CONDITIONAL USE PERMIT 96 -696 2245 North San Gabriel Boulevard (dba- El Novillo Meat Market) CONDITIONS OF APPROVAL May 21, 2001 1 Extension of Conditional Use Pemnit 96 -696 is approved for three (3) years from the date of these conditions. At least 30 days prior to the end of this three (3) year period, the .applicant shall file a written extension request to the Planning Department. This approval shall expire after three (3) years without progress towards completion of the use authorized by this permit. 2 Extension of Conditional Use Permit 96 -696 shall not take effect for any purpose until the applicant had filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions, within ten (10) days of approval. 3 Approval is for an off -sale beer and wine (Type 20) ABC license from the California State Alcohol Beverage Control Board. All requirements and appropriate licenses of the State of California shall be complied with and maintained at all times. 4 The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 5 The applicant shall comply with Ordinance No. 567, which requires the posting of a sign prohibiting consumption of alcoholic beverages in parking lots and public sidewalks adjacent to the premises, subject to the approval of the Planning Director. 6 The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to the hours of 8:30 a.m. to 8 p.m. daily. 7 All trash, rubbish and garbage receptacles shall be regularly cleaned, and inspected and maintained in a clean, safe and sanitary condition. Any trash area with grease containers shall have a roof structure in accordance with NPDES standards, subject to review of the Building Department. 8 The site shall be maintained in a clean, weed, litter free.state in accordance with Section 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. Any new litter and graffiti shall be removed within twenty -four (24) hours. 9 Adequate lighting shall be provided in the parking area. Motion- activated lights shall be installed where deemed appropriate by the Director of Planning. All exterior lighting shall be directed away from adjacent properties. 10. All designated parking areas shall be striped in accordance with Chapter 17.84 of the Rosemead Municipal Code and the approved plans. Such striping shall be maintained to the satisfaction of the Planning Department, including double - striping, wheel stops and handicapped parking /markings. 11 At least two percent of the required parking shall be designated for handicap space pursuant to California Vehicle Code Section 22511.8. A letter by the property owner shall be given to the City authorizing enforcement. 12 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. 13 Signs shall comply with Section 17.104 of the Rosemead Municipal Code (RMC). Signs shall not cover more than 25% of the building area or 15% of window area. All sighs shall comply. with Section 17.104.080 (RMC) regarding identification of the type business in English. 14 The applicant shall maintain a minimum clearance of five (5) feet (free of any debris; storage, furniture, etc.) from any electrical /mechanical equipment and/or emergency exits. 15 All open area not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 16 Any changes to the conditions of operation listed in this Exhibit "A" must first be ... approved by the Planning Commission through a modification application. 17 Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings. q EDIT C,: s j CAS - NO.I cal L--o L 772 sNe� AT 77 � Iewr $ r ti x v L EDIT C,: s j CAS - NO.I cal L--o L T�161 C q 3 EXHIBT r CASE PLO, v� 41 �, F•