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PC - 2014-19 - 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. 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. 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 of 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. 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 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. SECTION 5. This resolution is the result of an action taken by the Planning Commission on December 1, 2014, by the following vote: YES: DINH, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSENT: NONE ABSTAIN: NONE 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 Ena U Ch 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 1st day of December, 2014, by the following vote: YES: DINH, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSENT: NONE ABSTAIN: NONE ii.,i..r Michelle Ramirez, Seer 1 APPROVED"AS TO . • : Gregory M phy, Pl/nin.f mission Attorney Burke, Williams & Sor-nsen, LP 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. 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" on the interior and exterior of the subject building. (Modified by Planning Commission) 15. Prior to exercising the rights granted hereunder, 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). (Modified by Planning Commission) 16. The exterior of the property and interior of the meat market shall remain well illuminated during all business hours. 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.