PC - Item 3A - Design Review (DR) 14-02, Conditional Use Permit (CUP)14-01, and Public Convenience or Necessity (PCN) 14-02 (Continued) 9701 Valley Boulevard 1
S E M F
° ROSEMEAD PLANNING COMMISSION
CI STAFF REPORT
i CIVIC PRIDE
,hCORPORATED nii?7
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: DECEMBER 7, 2015
SUBJECT: DESIGN REVIEW (DR) 14-02, CONDITIONAL USE PERMIT (CUP)14-
01, AND PUBLIC CONVENIENCE OR NECESSITY (PCN) 14-02
(CONTINUED)
9701 VALLEY BOULEVARD
Summary
On July 20, 2015, the Planning Commission conducted a duly noticed public hearing for
Design Review 14-02 and Conditional Use Permit 14-01 to allow the development of a
one-story 2,400 square foot 7-Eleven convenience market with an Off-Sale Beer and
Wine (Type 20) Alcoholic Beverage Control (ABC) license. The store proposes a 24-
hour operation with no alcohol sales after 11:00 p.m. Since the project site is located
within a census tract with undue concentration of alcohol licenses and within a high
crime reporting district, the application also included a request for a determination that
the alcohol license will serve the Public Convenience or Necessity (PCN 14-02) as
required by State ABC. At that hearing, the Planning Commission reviewed the
proposed project and received testimony from members of the. public. In response to
public testimony, the Planning Commission decided to continue the item to the meeting
of September 21, 2015, so that the community had more opportunity to give input. The
Commission further encouraged 7-Eleven to do neighborhood outreach and bring back
crime statistics for the two existing 7-Eleven stores (7-Eleven at 4800 Temple City Blvd.
in Temple City and 7-Eleven at 10008 Valley Blvd. in El Monte). The Planning
Commission Staff Report and Meeting Minutes are attached as Exhibits "B" and "C",
respectively.
On September 9, 2015, the Planning Division received a petition to oppose the Off-Sale
Beer and Wine (Type 20) ABC license from residents of the City. The petition totals 110
signatures, which has been attached as Exhibit "D".
On September 21, 2015, the Planning Commission reviewed a letter from Thrifty Oil Co.
requesting that the Planning Commission continue the public hearing to the regular
meeting of October 19, 2015. The letter stated that more time was needed for public
outreach. At that meeting, the Planning Commission unanimously approved to
continue the public hearing to the regular meeting of October 19, 2015. The Planning
Commission Memorandum and Meeting Minutes are attached as Exhibits "E and F,"
respectively.
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December 7,2015
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On September 23, 2015, Planning Commissioner Eng requested information regarding
two (2) existing 7-Eleven stores in the City of Rosemead. On November 10, 2015, a
memorandum was distributed to the Planning Commission on the requested information
(attached as Exhibit "G").
On October 19, 2015, the Planning Commission reviewed a second letter from Thrifty
Oil Co. requesting that the Planning Commission continue the public hearing to the
regular meeting of December 7, 2015. The letter states that although 7-Eleven and
Thrifty Oil Co. have made good progress on their outreach efforts, they only recently
have been able to obtain foreign language speakers to assist with the translation of the
Chinese language. At that meeting, the Planning Commission unanimously approved to
continue the public hearing to the regular meeting of December 7, 2015. The Planning
Commission Memorandum and Meeting Minutes are attached as Exhibits "H and I,"
respectively.
On December 2, 2015, staff received an email from a representative of 7-Eleven and
Thrifty Oil Co., which provided information,pertaining to the public outreach that was
completed for this project (Exhibit "J"). As indicated in the email, they have hosted an
open community meeting in September and have'logged over 200 hours of door-to-door
outreach.within a one-mile radius of the store.I They have also collected over 400
petition signatures from local residents supporting 7-Eleven's proposed operation. In
addition, they have received support letters from six (6) local businesses surrounding
the subject site.
On December 2, 2015, Thrifty Oil Co. also provided staff with the crime statistics for the
7-Eleven store at 10008 Valley Blvd. in the City of El Monte (attached as Exhibit "K").
Environmental Determination
Section 15332(b) of the California Environmental Quality Act (CEQA) guidelines exempt
projects where the proposed development occurs within city limits on a project site of no
more than five (5) acres substantially surrounded by urban areas. Accordingly, DR 14-
02 is classified as a Class 32 Categorical Exemption pursuant to Section 15332(b) of
CEQA. Section 15309 of the California Environmental Quality Act (CEQA) guidelines
exempt projects that consist of the inspections to check for the performance of an
operation, or quality, health, or safety of a project. Accordingly, CUP 14-01 and PCN
14-02 are classified as a Class 9 Categorical Exemption pursuant to Section 15309 of
CEQA.
Staff Recommendation
It is recommended that the Planning Commission ADOPT Resolution No. 15-10 (Exhibit
"A") and APPROVE DR 14-02, CUP 14-01 and PCN 14-02 with findings, subject to the
54 conditions of approval outlined in Attachment 1'A" attached hereto.
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Municipal Code Findings
Design Review 14-02
Section 17.28.020.A of the Rosemead Municipal Code (RMC) states that design review
procedures shall be followed for all improvements requiring a building permit or visible
changes in form, texture, color, exterior façade, or landscaping when the property is
located in the D-O zone.
Section 17.28.020.0 provides the criteria by which the Planning Commission may
approve, approve with conditions, or deny an application:
A. The plans indicate proper consideration for the relationship between the proposed
building and site developments that exist or have been approved for the general
neighborhood;
The proposed building and site renovation is located within an established
commercial district of the City. The applicant has provided an aesthetically
complementary design and the proposed improvements will vastly improve the
existing site and its relationship to the commercial district. The proposed project is
consistent with the Goal 2, Policy 2.7 of the Land Use Element of the City's General
Plan in that it calls for the upgrading of commercial uses by implementing
architectural and design reviews of proposals for new buildings.
B. The plan for the proposed building and site development indicates the manner in
which the proposed development and surrounding properties are protected against
noise, vibrations and other factors which may have an adverse effect on the
environment, and the manner of screening mechanical equipment, trash, storage
and loading areas;
All new lighting will be fully shielded and directed downwards to mitigate glare on
adjacent properties. Conditions of approval have been incorporated to eliminate any
adverse effects on the environment as a result of the proposed project. This
development will not generate any permanent impacts to noise levels for the
surrounding area. All construction work will be required to comply with the
timeframe, and decibel levels indicated in the City's Noise Ordinance. Conditions of
approval will specifically address factors such as noise, construction hours,
screening of mechanical equipment, landscaping, lighting, and the overall
maintenance of the property.
C. The proposed building or site development is not, in its exterior design and
appearance, so at variance with the appearance of other existing buildings or site
developments in the neighborhood as to cause the nature of the local environment
to materially depreciate in appearance and value;
The proposed project will improve the physical appearance of the overall site. The
improvements to the site in terms of new landscaping and pavement treatments in
the parking lot will provide a marked improvement over the appearance of other
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December 7,2015
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buildings at the intersection of Valley and Temple City Boulevards.
D. The proposed building or structure is in harmony with the proposed developments
on land in the general area, especially in those instances where buildings are within
or adjacent to land shown on the General Planlas being part of the Civic Center or in
public or educational use, or are within or immediately adjacent to land included
. within any precise plan which indicates building shape, size or style;
The property is not part of the Civic Center Plan, precise plan, or land reserved for
public or educational use, so there is no special need to create harmony with the
general area. Notwithstanding this, the approved design will create a development
that is aesthetically complementary to the surrounding area and which has the
potential to enhance land values in the general area. This is due to the proposed
new commercial building with higher quality materials, a modern design that blends
better with the area, and greatly improved landscaping.
E. The proposed development is in conformity with the standards of this Code and
other applicable ordinances in so far as the location and appearance of the buildings
and structures are involved; and
The proposed development meets all of the minimum code requirements for the C-
3D-MUDO (Medium Commercial with Design' Overlay and Residential/Commercial
Mixed-Use Overlay) zone, and all applicable referenced code sections of the
Rosemead Municipal Code.
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F. The site plan and the design of the buildings, parking areas, signs, landscaping,
luminaires and other site features indicates that proper consideration has been given
to both the functional aspects of the site development, such as automobile and
pedestrian circulation, and the visual effect of the development when viewed from
the public streets.
Access to the site will be via existing driveways on Valley Boulevard and Temple
City Boulevard. The existing driveway along Valley Boulevard is 28'- 4" wide and
the existing driveway along Temple City Boulevard is 28'-5" wide. To improve safety
conditions at these existing driveways, the City Engineer has added Condition of
Approval No. 42 to require that proper signage be installed to prohibit left turns from
both project driveways. The parking lot is conveniently located to the south of the
commercial building. All parking lot lighting will be fully shielded and directed
downwards to mitigate glare on adjacent properties. Lastly, this new building will
greatly improve the visual effect of the site from the view of the public streets,
primarily Valley Boulevard.
Conditional Use Permit 14-01 .
Section 17.132.040 of the Rosemead Municipal!Code (RMC) states that a Conditional
Use Permit may be issued only after a public hearing before the Planning Commission.
Furthermore, all of the following findings shall be made by the Planning Commission in
conjunction with the approval of a Conditional Use Permit:
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A. Approval of the application will not be or incompatible or injurious to other properties
or land uses in the vicinity or create conditions materially detrimental to the public
health, safety and general welfare;
Incidental off-site sales of beer and wine is proposed for a new 7-Eleven
convenience market at 9701 Valley Boulevard. The existing site has been
unoccupied since 1999 and property maintenance is in poor condition. By
developing a new convenience market, it is anticipated that 7-Eleven will
dramatically improve the appearance of the intersection and enhance the services
offered to the immediate neighborhood in which it will be located. By adding
convenience oriented food store with a large selection of products, patrons will be
able to complete most of their quick shopping needs without traveling to other areas
of the community.
All applicable City departments and agencies have been afforded an opportunity to
review the project and recommend various conditions of approval as set forth in the
Conditions of Approval outlined in Attachment "A" of this report. Conditions have
been applied relating to the proposed use, so as to eliminate any negative impacts
to the general health, safety, •comfort, or general welfare of the surrounding
commercial development and the City. According to the Chief of Police the subject
site has had no law enforcement responses since 1997. Although the store is
located within a high crime area and near a major freeway (Interstate 10), the Chief
of Police has indicated that he is in support of this request upon approval of the
public safety conditions which include, but are not limited to, the installation of a
recordable video surveillance system.
Beer and wine will be stored at the rear of the store in coolers and•on shelves that
are not visible from the exterior. There will be no sales of single can or bottle
alcohol. There will be no visible exterior advertising or signage that would signify
that beer and wine is sold within the store. There will be no on-site consumption,
loitering, littering, sales to minors or other activities allowed that might be associated
with establishments that offer on-site consumption of alcoholic beverages. The site
will be operated in accordance with applicable City regulations, and is in conformity
with the development in and around the project site. Regular site inspections by the
Public Safety, State ABC and the Sheriff's Department will be conducted to ensure
that the location is monitored for compliance with applicable local, State, Federal
laws and shall not be detrimental to the surrounding communities. In addition,
conditions of approval have been added to protect the residential neighborhoods
near the project's vicinity from being affected by this commercial establishment.
Therefore, the incidental off-site sales of beer and wine would not be detrimental to
the health, safety, peace, morals, comfort or general welfare of persons residing or
• working in the neighborhood.
B. The use is consistent with the General Plan; .
The proposed use is located within an established commercial district of the City,
and is designated Mixed-Use Residential-Commercial in the General Plan. The
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subject property has been unoccupied since 1999. By developing a new
convenience market, it is anticipated that 7-Eleven will dramatically improve the
appearance of the intersection and enhance the services offered to the immediate
neighborhood in which it will be located. Goal 2 of the Land Use Element is to
expand opportunities for concentrated commercial and industrial uses that contribute
jobs and tax revenues to the community.
C. The use is consistent with the provisions of this Zoning Code;
The proposed Conditional Use Permit is for the off-sale of beer and wine at a new
2,400 square foot 7-Eleven store on an existing 12,380 square foot site. The
proposed use has been analyzed and staff has determined that the proposed use
meets all the applicable sections of the Rosemead Municipal Code and will
complement the existing uses, based on the submitted plans and Conditions of
Approval outlined in Attachment "A."
D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act;
Section 15309 of the California Environmental Quality Act (CEQA) guidelines
exempt projects that consist of the inspections to check for the performance of an
operation, or quality, health, or safety of a project. Accordingly, Conditional Use
Permit 14-01 is classified as a Class 9 Categorical Exemption pursuant to Section
15309 of CEQA.
E. If development is provided for under the Conditional Use Permit, the project is
consistent with the goals and objectives of the applicable standards and Design
Guidelines in the overlying district; and
The applicant is applying for a Conditional Use Permit for the off-sale of beer and
wine at a new 7-Eleven store and upon approval as conditioned, will comply with
such conditions as set forth in the Conditional Use Permit. A "convenience store"
land use is permitted by right in the C-3 zone. In addition to the Conditional Use
Permit request, the applicant is seeking the approval of a Design Review for the
construction of a new 2,400 square foot retail building. The applicant has provided
an aesthetically complementary design and the proposed improvements will vastly
improve the existing site and its relationship to the commercial district.
F. In addition to the findings for the approval of a Conditional Use Permit, Section
17.30.040.E.2 of the Rosemead Municipal Code further states that prior to approval
of a new permit for an alcohol sales establishment, the Planning Commission shall
find that the use is consistent with the purpose and intent of Section 17.30.040
(Alcohol Beverage Sales). This finding shall be in addition to the findings required by
Chapter 17.132 (Conditional Use Permits). In making this required finding, the
Planning Commission shall consider the following:
I
a. The crime rate in the reporting district and adjacent reporting districts as
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compared to other areas in the City;
b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts; and
c. The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship, schools, other
similar uses, and any uses that attract minors.
As noted in the staff report, State ABC reports that the project site 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 offenses per reporting district in the City
is 268.1. A total of 321.7 offenses have been reported in the subject district, which
is exactly 20% higher than the average.
The City's Chief of Police has reviewed these statistics and indicated that there have
not been any law enforcement responses to the sight since 1997. Although the
store is located within a high crime area and near a major freeway (Interstate 10),
the Chief of Police has indicated his support of this request upon approval of the
public safety conditions outline in Attachment "A."
The site is surrounded by properties that are zoned C-3 (Medium Commercial) with
a MUDO (Residential/Commercial Mixed Use) overlay. The closest single use
residential zoning district is located 230 feet south of the project site and is .
separated by a major thoroughfare, Valley Boulevard. Furthermore, there are no
schools, parks, or places of religious worship within 1,000 feet of the project site.
Although the reporting district is in a potentially high crime district, the 7-Eleven store
will be significantly different from typical liquor stores, which usually offer a wide
range of alcoholic beverages, both in terms of price and type. The addition of beer
and wine comprises a very small percent (1.54%) of the sales floor area and would
not exacerbate existing levels of crime or be a magnet for criminal activity. The
modest selection will be tailored to provide a safe, convenient alternative to meet the
needs of the consumer base.
Public Convenience or Necessity Findings (PCN 14-02)
City Council Resolution No. 2010-34 outlines criteria for reviewing the public
convenience or necessity of issuing alcohol licenses in areas with an undue
concentration of licenses and/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:
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;
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7-Eleven is a national chain of convenience! stores, selling general merchandise
including fresh foods, cold drinks, and hot beverages. Beer and wine will account for
approximately 12-15 percent of the total sales of the store. By including beer and
wine with general merchandise, 7-Eleven can better serve the surrounding
community by providing customers with the convenience of one-stop shopping.
The number of allowable off-sale ABC licenses for this census tract is two (2).
Currently, there are two (2) authorized off-sale licenses for this census tract (Lees
Market, located at 9726 Valley Boulevard, and Key's Liquor, located at 9442 Valley
Boulevard). In order to compensate for the approval of an additional license in the
subject census tract, Condition of Approval No. 38 requires that 7-Eleven purchase
an existing Type 20 license from the subject census tract or from an adjacent census
tract so that there is no net increase in "Type 20" licenses in the City of Rosemead.
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;
7-Eleven would operate the site as a modern neighborhood market and convenience
store. The store would provide a wide selection of food and novelty items ranging
from milk to household items, prepared and fresh foods, along with soft drinks,
gourmet coffee, and other non-alcoholic beverages. The application indicates that
the franchise has progressed toward becoming a neighborhood store that serves the
complete needs of the community;
The proposed 7-Eleven is located near several businesses that have large employee
bases, such as the Bimbo Bakery Outlet (4030 Temple City Boulevard) and the
Hermetic Seal Corporation (4032 Temple City Boulevard) to the north of the project
site and within walking distance. A new office building was also recently approved
across the street from the proposed store (9654 Valley Boulevard). By adding a
convenience oriented food store with a large;selection of products, business people
in the area and employees will be able to complete most of their quick shopping
needs without traveling to other areas of the community. Residents who live within
proximity will also be able to walk to the new store to complete their purchases.
Therefore, the proposed off-sale of beer and wine will serve a segment of the City
that is not presently being served.
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;
There are no schools, parks, or churches located within 1,000 feet of the site. The
project site is surrounded by properties that are zoned C-3 (Medium Commercial)
with a MUDO (Residential/Commercial Mixed Use) overlay. Therefore, this use is
consistent with the surrounding commercial properties and existing land uses in the
general area, with no foreseeable negative impacts to the adjacent neighborhood or
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December 7,2015
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adjoining properties;
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;
According to State ABC, the average number of offenses per reporting district in the
City is 268.1. A total of 321.7 offenses have been reported in the subject district,
which is exactly 20% higher than the average.
The City's Chief of Police has reviewed these statistics and indicated that there have
•not been any law enforcement responses to the sight since 1997. Although the
store is located within a high crime area and near a major freeway (Interstate 10),
the Chief of Police has indicated his support of this request upon approval of the
public safety conditions outline in Attachment "A."
Although the reporting district is in a potentially high crime district, the 7-Eleven store
will be significantly different from typical liquor stores, which usually offer a wide
range of alcoholic beverages, both in terms of price and type. The addition of beer
and wine comprises a very small percent (1.55%) of the sales floor area and would
not exacerbate existing levels of crime or be a magnet for criminal activity. The
modest selection will be tailored to provide a safe, convenient alternative to meet the
needs of the consumer base.
E. Whether the issuance of the.license involves an existing business, which has been
located at a site which has had three (3) or more "reported crimes" within the
previous one year period;
The site has been unoccupied since 1999. According to the Chief of Police, there
have not been any law enforcement responses to the site since 1997.
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;
7-Eleven would operate the site as a modern neighborhood market and convenience
store. The store would provide a wide selection of food and sundry items ranging
from milk to household items, prepared and fresh foods, along with soft drinks,
gourmet coffee and other non-alcoholic beverages. By. adding a convenience
oriented food store with a large selection of products, including incidental beer and
wine sales, patrons will be able to complete most of their quick shopping needs
without traveling to other areas of the community.
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The beer and wine is stored at the rear of the store in coolers and on shelves that
are not visible from the exterior. The applicant will have extensive security
measures, employee training, strict policies for sales, age limit monitoring, facility
monitoring, and security cameras that help protect the property and improvements in
the neighborhood and the general welfare of the City from detrimental or injurious
effects to the health, safety and welfare of the community as the result of incidental
off-site sales of beer and wine at the store.
The existing site has been unoccupied since 1999 and property maintenance is in
poor condition. By developing a new convenience market, it is anticipated that 7-
Eleven will dramatically improve the appearance of the intersection and enhance the
services offered to the immediate neighborhood in which it will be located.
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;
7-Eleven is a national chain of convenience stores, selling general merchandise
including fresh foods, cold drinks, and hot beverages. Beer and wine will account for
approximately 12-15 percent of the total sales of the store. By including beer and
wine with general merchandise, 7-Eleven I can better serve the surrounding
community by providing customers with the convenience of one-stop shopping.
The issuance of the license would enhance the customer experience at the store by
providing a one-stop outlet for beer and wine ifor those who are already shopping at
the store for other goods such as sundry items, household items, fresh and prepared
food, milk, soft drinks, and other nonalcoholic beverages. The store will not contain
any type of use which may typically be associated with adverse effects upon the
economic health of a neighborhood, such as a liquor store, stand-alone bar or
nightclub. The sales of beer and wine will be significantly different from typical liquor
stores, which usually offer a wide range of alcoholic beverages, both in terms of
price and type. The addition of beer and wine that comprises 1.55% of the total floor
area of the existing store (approximately 22 square feet) would not exacerbate
existing levels of crime or be a magnet for criminal activity.
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; and
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 17.16 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-3D-MUDO (Medium
Commercial with a Design Overlay and a_ Commercial/Residential Mixed-Use
Overlay). The General Plan designates the site Mixed Use Residential/Commercial,
which allows for a wide range of neighborhood serving commercial uses in addition
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to mixed-use development. The site is located in a significant commercial corridor.
The immediate surrounding area is characterized by a variety of commercial
business, including a Bimbo Bakery Outlet (4030 Temple City Boulevard) and the
Hermetic Seal Corporation (4032 Temple City Boulevard) to the north of the project
site, and residential development.
The proposed convenience market is a permitted use in the C-3 zone. Therefore,
the use is in harmony with the General Plan and not detrimental to the character of
development in the immediate neighborhood. The limited sale of beer and wine will
meet the community goal objective to preserve and strengthen viable commercial
development and provide additional opportunities for new commercial development
and services. Beer and wine will comprise less than 2% of the total sales floor area
and comprise less than 16% of the total sales of the store. The store will not contain
any type of use which may typically be associated with adverse effects upon the
economic health of a neighborhood, such as a liquor store, stand-alone bar or
nightclub.
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.
The intent behind offering beer and wine at this store fulfills the commitment of the
applicant to save 7-Eleven customers time and money with the convenience of one-
stop shopping. According to information provided by the applicant, the 7-Eleven
franchise has progressed toward becoming a neighborhood store that serves the
complete needs of the community.
The proposed 7-Eleven is located near several businesses that have large employee
bases, such as the Bimbo Bakery Outlet (4030 Temple City Boulevard) and the
Hermetic Seal Corporation (4032 Temple City Boulevard). Both of these businesses
are located to the north of the project site. Furthermore, a new office building was
recently approved across the street from the proposed store (9654 Valley
Boulevard). By adding a convenience oriented food store with a large selection of
' products, business people in the area and employees will be able to complete most
of their quick shopping needs without traveling to other areas of the community.
Residents who live within proximity will also be able to walk to the new store to
complete their purchases. Therefore, the proposed off-sale of beer and wine will
serve a segment of the City that is not presently being served.
The applicant employs a variety of security strategies to ensure the safety of their
customers as well as the security of their merchandise. Security cameras and public
view monitors are installed to deter criminal activity and promote a safe environment.
The digital images captured from these devices are stored for up to 60 days on a
recordable video surveillance system and give 7-Eleven the capability to share
images of thieves with the applicant's other stores and local law enforcement
agencies. Additionally, beer and wine will be positioned on the opposite end of the
store from where the entrance is located. This will force customers to walk the
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length of the store serving as an additional deterrent.
Beer and wine will be merchandised and sold with a high degree of responsibility
and conscientiousness. According to the applicant, all 7-Eleven employees must
complete a training specific to the sale of age restricted products before they begin
their employment. The program trains employees on policies, procedures,
identifying characteristics of minors, and policies and regulations specific to State
law to ensure that the store is prepared and committed to safe and legal sale of age-
restricted products. All employees are required to sign an affidavit stating that they
are aware of obligations and ramifications should they not comply with the law. In
addition to 7-Eleven store policies and procedures, Condition of Approval No. 31 will
require all owners, operators, and managers of the establishment to complete the
State ABC Licensee Education on Alcohol and Drugs (LEAD) program in
accordance with the business operation requirements in the City's Municipal Code.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepare• by: Submitted by:
lf , ,
Lily T. Valenzuela Michelle Ramirez
City Planner Community Development Director
EXHIBITS:
A. Planning Commission Resolution No. 15-10 with Attachment"A"(Conditions of Approval)
B. Planning Commission Staff Report, dated July 20, 2015
C. Planning Commission Meeting Minutes, dated July 20,2015
D. Opposition Petition, dated September 9, 2015
E. Planning Commission Memorandum, dated September121,2015
F. Planning Commission Meeting Minutes, dated September 21, 2015
G. Memorandum to Planning Commission
H. Planning Commission Memorandum, dated October 19,2015
I. Planning Commission Meeting Minutes, dated October 19,2015
J. Public Outreach Email, dated December 2, 2015
K. Crime Statistics Email, dated December 2,2015
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EXHIBIT "A"
PC RESOLUTION 15-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING DESIGN REVIEW 14-02 FOR THE CONSTRUCTION OF A
2,400 SQUARE FOOT 7-ELEVEN CONVENIENCE STORE, AND
APPROVING CONDITIONAL USE PERMIT 14-01 AND PUBLIC
CONVENIENCE OR NECESSITY 14-02 FOR A NEW OFF-SALE BEER
AND WINE (TYPE 20) ABC LICENSE, LOCATED AT 9701 EAST
VALLEY BOULEVARD IN THE C-3D-MUDO (MEDIUM COMMERCIAL
WITH A DESIGN OVERLAY AND COMMERCIAL/RESIDENTIAL
MIXED-USE OVERLAY) ZONE (APN: 8577-009-026).
WHEREAS, on January 30, 2014, ASI Development submitted a Design Review
application (DR 14-02) and a Conditional Use Permit application (CUP 14-01) for the
construction of a one-story, 2,400 square foot, 7-Eleven convenience market with an
off-sale beer and wine (Type 20) Alcoholic Beverage Control (ABC) license located at
9701 East Valley Boulevard in the C-3D-MUDO (Medium Commercial with a Design
Overlay and Commercial/Residential Mixed Use Overlay) zone; and
WHEREAS, on. June 30, 2014, ASI Development filed a Public Convenience or
Necessity determination application requesting that the City determine that the Type 20
ABC license for the proposed convenience store would serve the public convenience or
necessity; and
WHEREAS, Section 17.28.020.A of the Rosemead Municipal Code states that
design review procedures shall be followed for all improvements requiring a building
permit or visible changes in form, texture, color, exterior façade, or landscaping when
the property is located in the D-O zone; and
WHEREAS, Section 17.28.020.0 of the Rosemead Municipal Code provides the
criteria by which the Planning Commission may approve, approve with conditions, or
deny an application for a Design Review; and
WHEREAS, Section 17.30.040.E.2 of the Rosemead Municipal Code allows the
approval of off-sale alcohol licenses upon the granting of a Conditional Use Permit by
the Planning Commission and sets criteria required for granting such a permit; and
WHEREAS, Sections 65800 & 65900 of the California Government Code and
RMC Section Sections 17.28.020(C) and 17.132.040 of the Rosemead Municipal Code
authorize the Planning Commission to approve, conditionally approve, or disapprove
design review or conditional use permit applications; and
Planning Commission Meeting
December 7,2015
Page 14of32
•
WHEREAS, City Council Resolution No. 2010-34 establishes 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, and
WHEREAS, City Council Resolution No. 2610-34 specifies the criteria by which a
finding of public convenience or necessity may be granted; and
WHEREAS, on July 9, 2015, 17 notices were sent to property owners within a
300-foot radius from the subject property, in addition to notices posted in six public
locations and onsite, (specifying the availability of the application, plus the date, time,
and location of the public hearing for DR 14-02, CUP 14-01, and PCN 14-02), and on
July 9, 2015, the notice was published in the Rosemead Reader; and
WHEREAS, on July 20, 2015, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to DR 14-02,
CUP 14-01, and PCN 14-02; and
WHEREAS, on July 20, 2015, the Planning Commission continued the public
hearing to September 21, 2015; and
WHEREAS, on September 21, 2015, the Planning Commission continued the
public hearing to October 19, 2015; and
WHEREAS, on September 21, 2015, the Planning Commission continued the
public hearing to October 19, 2015; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make thet 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 DR 14-02
is Categorically Exempt under Section 15332(b) Hof the California Environmental Quality
Act (CEQA) guidelines and CUP 14-01 and PCN 14-02 are exempt under Section
15309. Section 15332(b) of the California Environmental Quality Act (CEQA) guidelines
exempt projects where the proposed development occurs within city limits on a project
site of no more than five (5) acres substantially surrounded by urban areas.
Accordingly, DR 14-02 is classified as a Class 32 Categorical Exemption pursuant to
Section 15332(b) of CEQA. Section 15309 of the California Environmental Quality Act
(CEQA) guidelines exempt projects that consist of the inspections to check for the
performance of an operation, or quality, health; or safety of a project. Accordingly,
CUP 14-01 and PCN 14-02 are classified as a Class 9 Categorical Exemption pursuant
to Section 15309 of CEQA.
Planning Commission Meeting
December 7,2015
Page 15 of 32
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving DR 14-02, in accordance with Section
17.28.020.0 of the Rosemead Municipal Code.
A. The plans indicate proper consideration for the relationship between the proposed
building and site developments that exist or have been approved for the general
neighborhood;
The proposed building and site renovation is located within an established
commercial district of the City. The, applicant has provided an aesthetically
complementary design and the proposed improvements will vastly improve the
existing site and its relationship to the commercial district. The proposed project is
consistent with the Goal 2, Policy 2.7 of the Land Use Element of the City's General
Plan in that it calls for the upgrading of commercial uses by implementing
architectural and design reviews of proposals for new buildings.
B. The plan for the proposed building and site development indicates the manner in
which the proposed development and surrounding properties are protected against
noise, vibrations and other factors which may have an adverse effect on the
environment, and the manner of screening mechanical equipment, trash, storage
and loading areas;
All new lighting will be fully shielded and directed downwards to mitigate glare on
adjacent properties. Conditions of approval have been incorporated to eliminate any
adverse effects on the environment as a result of the proposed project. This
development will not generate any permanent impacts to noise levels for the
surrounding area. All construction work will be required to comply with the
timeframe, and decibel levels indicated in the City's Noise Ordinance. Conditions of
approval will specifically address factors such as noise, construction hours,
screening of mechanical equipment, landscaping, lighting, and the overall
maintenance of the property.
•
C. The proposed building or site development is not, in its exterior design and
appearance, so at variance with the appearance of other existing buildings or site
developments in the neighborhood as to cause the nature of the local environment
to materially depreciate in appearance and value;
The proposed project will improve the physical appearance of the overall site. The
improvements to the site in terms of new landscaping and pavement treatments in
the parking lot will provide a marked improvement over the appearance of other
buildings at the intersection of Valley and Temple City Boulevards.
D. The proposed building or structure is in harmony with the proposed developments
on land in the general area, especially in those instances where buildings are within
or adjacent to land shown on the General Plan as being part of the Civic Center or in
public or educational use, or are within or immediately adjacent to land included
within any precise plan which indicates building shape, size or style;
Planning Commission Meeting
December 7,2015
Page 16 of 32
The property is not part of the Civic Center Plan, precise plan, or land reserved for
public or educational use, so there is no special need to create harmony with the
general area. Notwithstanding this, the approved design will create a development
that is aesthetically complementary to the surrounding area and which has the
potential to enhance land values in the general area. This is due to the proposed
new commercial building with higher quality materials, a modern design that blends
better with the area, and greatly improved landscaping.
i
E. The proposed development is in conformity with the standards of this Code and
other applicable ordinances in so far as the location and appearance of the buildings
and structures are involved; and
The proposed development meets all of the minimum code requirements for the C-
3D-MUDO (Medium Commercial with Design Overlay and Residential/Commercial
Mixed-Use Overlay) zone, and all applicable referenced code sections of the
Rosemead Municipal Code.
F. The site plan and the design of the buildings, parking areas, signs, landscaping,
luminaires and other site features indicates that proper consideration has been given
to both the functional aspects of the site development, such as automobile and
pedestrian circulation, and the visual effect of the development when viewed from
the public streets.
Access to the site will be via existing driveways on Valley Boulevard and Temple
City Boulevard. The existing driveway along' Valley Boulevard is 28'- 4" wide and
the existing driveway along Temple City Boulevard is 28'-5" wide. To improve safety
conditions at these existing driveways, the City Engineer has added Condition of
Approval No. 42 to require that proper signage be installed to prohibit left turns from
both project driveways. The parking lot is conveniently located to the south of the
commercial building. All parking lot lighting will be fully shielded and directed
downwards to mitigate glare on adjacent properties. Lastly, this new building will
greatly improve the visual effect of the site from the view of the public streets,
primarily Valley Boulevard.
SECTION 3. The Planning Commission -IEREBY FINDS AND DETERMINES
that facts do exist to justify approving CUP 114-01 in accordance with Sections
17.132.040 and Section 17.30.040.E.2 of the Rosemead Municipal Code as follows:
A. Approval of the application will not be or incompatible or injurious to other properties
or land uses in the vicinity or create conditions materially detrimental to the public
health, safety and general welfare;
Incidental off-site sales of beer and wine is proposed for a new 7-Eleven
convenience. market at 9701 Valley Boulevard. The existing site has been
unoccupied since 1999 and property maintenance is in poor condition. By
. developing a new convenience market, ,it is anticipated that 7-Eleven will
Planning Commission Meeting
December 7,2015
Page 17 of 32
dramatically improve the appearance of the intersection and enhance the services
, offered to the immediate neighborhood in which it will be located. By adding
convenience oriented food store with a large selection of products, patrons will be
able to complete most of their quick shopping needs without traveling to other areas
of the community.
All applicable City departments and agencies have been afforded an opportunity to
review the project and recommend various conditions of approval as set forth in the
Conditions of Approval outlined in Attachment "A" of this report. Conditions have
been applied relating to the proposed use, so as to eliminate any negative impacts
to the general health, safety, comfort, or general welfare of the surrounding
commercial development and the City. According to the Chief of Police the subject
site has had no law enforcement responses since 1997. Although the store is
located within a high crime area and near a major freeway (Interstate 10), the Chief
of Police has indicated that he is in support of this request upon approval of the
public safety conditions which include, but are not limited to, the installation of a
recordable video surveillance system.
Beer and wine will be stored at the rear of the store in coolers and on shelves that
are not visible from the exterior. There will be no sales of single can. or bottle
alcohol. There will be no visible exterior advertising or signage that would signify
that beer and wine is sold within the store. There will be no on-site consumption,
loitering, littering, sales to minors or other activities allowed that might be associated
with establishments that offer on-site consumption of alcoholic beverages. The site
will be operated in accordance with applicable City regulations, and is in conformity.
with the development in and around the project site. Regular site inspections by the
Public Safety, State ABC and the Sheriff's Department will be conducted to ensure
that the location is monitored for compliance with applicable local, State, Federal
laws and shall not be detrimental to the surrounding communities. In addition,
conditions of approval have been added to protect the residential neighborhoods
near the project's vicinity from being affected by this commercial establishment.
Therefore, the incidental off-site sales of beer and wine would not be detrimental,to
the health, safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood.
B. The use is consistent with the General Plan;
The proposed use is located within an established commercial district of the City,
and is designated Mixed-Use Residential-Commercial in the General Plan. The
subject property has been unoccupied since 1999. By developing a new
convenience market, it is anticipated that 7-Eleven will dramatically improve the
appearance of the intersection and enhance the services offered to the immediate
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neighborhood in which it will be located. Goal 2 of the Land Use Element is to
expand opportunities for concentrated commercial and industrial uses that contribute
jobs and tax revenues to the community.
Planning Commission Meeting
December 7,2015
Page 18 of 32
C. The use is consistent with the provisions of this Zoning Code;
The proposed Conditional Use Permit is for the off-sale of beer and wine at a new
2,400 square foot 7-Eleven store on an existing 12,380 square foot site. The
proposed use has been analyzed and staff has determined that the proposed use
meets all the applicable sections of the Rosemead Municipal Code and will
complement the existing uses, based on the submitted plans and Conditions of
Approval outlined in Attachment "A."
•
D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act;
Section 15309 of the California Environmental Quality Act (CEQA) guidelines
exempt projects that consist of the inspections to check for the performance of an
operation, or quality, health, or safety of a project. Accordingly, Conditional Use
Permit 14-01 is classified as a Class 9 Categorical Exemption pursuant to Section
15309 of CEQA.
E. If development is provided for under the Conditional Use Permit, the project is
consistent with the goals and objectives of the applicable standards and Design
Guidelines in the overlying district; and
The applicant is applying for a Conditional Use Permit for the off-sale of beer and
wine at a new 7-Eleven store and upon approval as conditioned, will comply with
such conditions as set forth in the Conditional Use Permit. A "convenience store"
land use is permitted by right in the C-3 zone. In addition to the Conditional Use
Permit request, the applicant is seeking the approval of a Design Review for the
construction of a new 2,400 square foot retail building. The applicant has provided
an aesthetically complementary design and the proposed improvements will vastly
improve the existing site and its relationship to the commercial district.
F. In addition to the findings for the approval of a Conditional Use Permit, Section
17.30.040.E.2 of the Rosemead Municipal Code further states that prior to approval
of a new permit for an alcohol sales establishment, the Planning Commission shall
find that the use is consistent with the purpose and intent of Section 17.30.040
(Alcohol Beverage Sales). This finding shall be in addition to the findings required by
Chapter 17.132 (Conditional Use Permits). In making this required finding, the
Planning Commission shall consider the following:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City;
b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts; and
c. The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship, schools, other
Planning Commission Meeting
December 7,2015
Page 19 of 32
similar uses, and any uses that attract minors.
As noted in the staff report, State ABC reports that the project site 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 offenses per reporting district in the City
is 268.1. A total of 321.7 offenses have been reported in the subject district, which
is exactly 20% higher than the average.
The City's Chief of Police has reviewed these statistics and indicated that there have
not been any law enforcement responses to the sight since 1997. Although the
store is located within a high crime area and near a major freeway (Interstate 10),
the Chief of Police has indicated his support of this request upon approval of the
public safety conditions outline in Attachment "A."
The site is surrounded by properties that are zoned C-3 (Medium Commercial) with
a MUDO (Residential/Commercial Mixed Use) overlay. The closest single use
residential zoning district is located 230 feet south of the project site and is
separated by a major thoroughfare, Valley Boulevard. Furthermore, there are no
schools, parks, or places of religious worship within 1,000 feet of the project site.
Although the reporting district is in a potentially high crime district, the 7-Eleven store
will be significantly different from typical liquor stores, which usually offer a wide
range of alcoholic beverages, both in terms of price and type. The addition of beer
and wine comprises a very small percent (1.54%) of the sales floor area and would
not exacerbate existing levels of crime or be a magnet for criminal activity. The
modest selection will be tailored to provide a safe, convenient alternative to meet the
needs of the consumer base.
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;
7-Eleven is a national chain of convenience stores, selling general merchandise
including fresh foods, cold drinks, and hot beverages. Beer and wine will account for
approximately 12-15 percent of the total sales of the store. By including beer and
wine with general . merchandise, 7-Eleven can better serve the surrounding
community by providing customers with the convenience of one-stop shopping.
The number of allowable off-sale ABC licenses for this census tract is two (2).
Currently, there are two (2) authorized off-sale licenses for this census tract (Lees
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December 7,2015
Page 20 of 32
Market, located at 9726 Valley Boulevard, and Key's Liquor, located at 9442 Valley
Boulevard). In order to compensate for the approval of an additional license in the
subject census tract, Condition of Approval No. 38 requires that 7-Eleven purchase
an existing "Type 20" license from the subject census tract or from an adjacent
census tract so that there is no net increase in "Type 20" licenses in the City of
Rosemead.
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;
7-Eleven would operate the site as a modern neighborhood market and convenience
store. The store would provide a wide selection of food and sundry items ranging
from milk to household items, prepared and fresh foods, along with soft drinks,
gourmet coffee, and other non-alcoholic beverages. The application indicates that
the franchise has progressed toward becoming a neighborhood store that serves the
complete needs of the community;
The proposed 7-Eleven is located near several businesses that have large employee
bases, such as the Bimbo Bakery Outlet (4030 Temple City Boulevard) and the
Hermetic Seal Corporation (4032 Temple City Boulevard) to the north of the project
site and within walking distance. A new office building was also recently approved
across the street from the proposed store (9654 Valley Boulevard). By adding a
convenience oriented food store with a large selection of products, business people
in the area and employees will be able to complete most of their quick shopping
needs without traveling to other areas of the community. Residents who live within
proximity will also be able to walk to the new store to complete their purchases.
Therefore, the proposed off-sale of beer and wine will serve a segment of the City
that is not presently being served.
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;
There are no schools, parks, or churches located within 1,000 feet of the site. The
project site is surrounded by properties that are zoned C-3 (Medium Commercial)
with a MUDO (Residential/Commercial Mixed Use) overlay. Therefore, this use is
consistent with the surrounding commercial properties and existing land uses in the
general area, with no foreseeable negative impacts to the adjacent neighborhood or
adjoining properties;
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
Planning Commission Meeting
December 7,2015
Page 21 of 32
misdemeanor or felony crimes, except traffic citations;
According to State ABC, the average number of offenses per reporting district in the
City is 268.1. A total of 321.7 offenses have been reported in the subject district,
which is exactly 20% higher than the average.
The City's Chief of Police has reviewed these statistics and indicated that there have
not been any law enforcement responses to the sight since 1997. Although the
store is located within a high crime area and near a major freeway (Interstate 10),
the Chief of Police has indicated his support of this request upon approval of the
public safety conditions outline in Attachment "A."
Although the reporting district is in a potentially high crime district, the 7-Eleven store
will be significantly different from typical liquor stores, which usually offer a wide
range of alcoholic beverages, both in terms of price and type. The addition of beer
and wine comprises a very small percent (1.55%) of the sales floor area and would
not exacerbate existing levels of crime or be a magnet for criminal activity. The
modest selection will be tailored to provide a safe, convenient alternative to meet the
needs of the consumer base.
E. Whether, the issuance of the license involves an existing business, which has been
located at _a site which has had three (3) or more "reported crimes" within the
previous one year period;
The site has been unoccupied since 1999. According to the Chief of Police, there
have not been any law enforcement responses to the site since 1997.
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;
7-Eleven would operate the site as a modern neighborhood market and convenience
store. The store would provide a wide selection of food and sundry items ranging
from milk to household items, prepared and fresh foods, along with soft drinks,
gourmet coffee and other non-alcoholic beverages. By adding a convenience
oriented food store with a large selection of products, including incidental beer and
wine sales, patrons will be able to complete most of their quick shopping needs
without traveling to other areas of the.community.
The beer and wine is stored at the rear of the store in coolers and on shelves that
are not visible from the exterior. The applicant will have extensive security
measures, employee training, strict policies for sales, age limit monitoring, facility
monitoring, and security cameras that help protect the property and improvements in
the neighborhood and the general welfare of the City from detrimental or injurious
effects to the health, safety and welfare of the community as the result of incidental
off-site sales of beer and wine at the store.
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The existing site has been unoccupied since 1999 and property maintenance is in
poor condition. By developing a new convenience market, it is anticipated that 7-
Eleven will dramatically improve the appearance of the intersection and enhance the
services offered to the immediate neighborhood in which it will be located.
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;
7-Eleven is a national chain of convenience stores, selling general merchandise
including fresh foods, cold drinks, and hot beverages. Beer and wine will account for
approximately 12-15 percent of the total sales of the store. By including beer and
wine with general merchandise, 7-Eleven can better serve the surrounding
community by providing customers with the convenience of one-stop shopping.
The issuance of the license would enhance the customer experience at the store by
providing a one-stop outlet for beer and wine for those who are already shopping at
the store for other goods such as sundry items, household items, fresh and prepared
food, milk, soft drinks, and other nonalcoholic beverages. The store will not contain
any type of use which may typically be associated with adverse effects upon the
economic health of a neighborhood, such as a liquor store, stand-alone bar or
nightclub. The sales of beer and wine will be significantly different from typical liquor
stores, which usually offer a wide range of alcoholic beverages, both in terms of
price and type. The addition of beer and wine that comprises 1.55% of the total floor
area of the existing store (approximately 22 square feet) would not exacerbate
existing levels of crime or be a magnet for criminal activity.
H. Whether the issuance of the license will promote the goals and policies of the City's
General Plan, any applicable specific plan, Cr any similar policies that have been
formally adopted by the City Council; and
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 9.16 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-3D-MUDO (Medium
Commercial with a Design Overlay and a Commercial/Residential Mixed-Use
Overlay). The General Plan designates the site Mixed Use Residential/Commercial,
which allows for a wide range of neighborhood serving commercial uses in addition
to mixed-use development. The site is located in a significant commercial corridor.
The immediate surrounding area is characterized by a variety of commercial
business, including a Bimbo Bakery Outlet (4030 Temple City Boulevard) and the
Hermetic Seal Corporation (4032 Temple City Boulevard) to the north of the project
site, and residential development.
The proposed convenience market is a permitted use in the C-3 zone. Therefore,
the use is in harmony with the General Plan and not detrimental to the character of
development in the immediate neighborhoodl The limited sale of beer and wine will
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Planning Commission Meeting
December 7,2015
Page 23 of 32
meet the community goal objective to preserve and strengthen viable commercial
development and provide additional opportunities for new commercial development
and services. Beer and wine will comprise less than 2% of the total sales floor area
and comprise less than 16% of the total sales of the store. The store will not contain
any type of use which may typically be associated with adverse effects upon the
economic health of a neighborhood, such as a liquor store, stand-alone bar or
nightclub.
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.
The intent behind offering beer and wine at this store fulfills the commitment of the
applicant to save 7-Eleven customers time and money with the convenience of one-
stop shopping. According to information provided by the applicant, the 7-Eleven
franchise has progressed toward becoming a neighborhood store that serves the
complete needs of the community.
The proposed 7-Eleven is located near several businesses that have large employee
bases, such as the Bimbo Bakery Outlet (4030 Temple City Boulevard) and the
Hermetic Seal Corporation (4032 Temple City Boulevard). Both of these businesses
are located to the north of the project site. Furthermore, a new office building was
recently approved across the street from the proposed store (9654 Valley
Boulevard). By adding a convenience oriented food store with a large selection of
products, business people in the area and employees will be able to complete most
of their quick shopping needs without traveling to other areas of the community.
Residents who live within proximity will also be able to walk to the new store to
complete their purchases. Therefore, the proposed off-sale of beer and wine will
serve a segment of the City that is not presently being served.
The applicant employs a variety of security strategies to ensure the safety of their
customers as well as the security of their merchandise. Security cameras and public
view monitors are installed to deter criminal activity and promote a safe environment.
The digital images captured from these devices are stored for up to 60 days on a
recordable video surveillance system and, give 7-Eleven the capability to share
images of thieves with the applicant's other stores and local law enforcement
agencies. Additionally, beer and wine will be positioned on the opposite end of the
store from where the entrance is located. This will force customers to walk the
length of the store serving as an additional deterrent.
Beer and wine will be merchandised and sold with a high degree of responsibility
and conscientiousness. According to the applicant, all 7-Eleven employees must
complete a training specific to the sale of age restricted products before they begin
their employment. The program trains employees on policies, procedures,
identifying characteristics of minors, and policies and regulations specific to State
law to ensure that the store is prepared and committed to safe and legal sale of age-
restricted products. All employees are required to sign an affidavit stating that they
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Planning Commission Meeting
December 7,2015 .
Page24of32
are aware of obligations and ramifications should they not comply with the law. In
addition to 7-Eleven store policies and procedures, Condition of Approval No. 31 will
require all owners, operators, and managers of the establishment to complete the
State ABC Licensee Education on Alcohol and Drugs (LEAD) program in
accordance with the business operation requirements in the City's Municipal Code.
SECTION 5. The Planning Commission HEREBY APPROVES DR 14-02 for the
construction of a 2,400 square foot convenience store, CUP 14-01 for a new Off-Sale
Beer and Wine (Type 20) ABC license, and PCN 14-02 determination, subject to
conditions listed in Attachment "A" attached hereto and incorporated herein by
reference.
SECTION 6. This resolution is the result of an action taken by the Planning
Commission on December 7, 2015, 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 7th day of December, 2015.
John Tang, Chair
Planning Commission Meeting
December 7,2015 •
Page 25 of 32
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 7th day of
December, 2015 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
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Michelle G. Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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Planning Commission Meeting
December 7,2015
Page 26 of 32
ATTACHMENT i"A"
DESIGN REVIEW 14-02, CONDITIONAL USE PERMIT 14-01, AND
PUBLIC CONVENIENCE ORINECESITY 14-02
CONDITIONS OF APPROVAL
December 7, 2015
1. Design Review 14-02 (DR 14-02), Conditional Use Permit 14-01 (CUP 14-01),
and Public Convenience or Necessity 14-02 (PCN 14-02) are approved for the
development of a one-story, 2,400 square foot 7-Eleven convenience market with
an Off-Sale Beer and Wine (Type 20) Alcoholic Beverage Control (ABC) license,
in accordance with the plans marked Exhibit "C", dated July 7, 2015. 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 Ishall be copied directly onto any
development plans subsequently submitted to the Planning and Building
Divisions for review.
3. Approval of DR 14-02, CUP 14-01, and PCN 14-02 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.
4. DR 14-02, CUP 14-01, and PCN 14-02 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 DR 14-02, CUP 14-01, !and PCN 14-02 have been unused,
abandoned, or discontinued for a period of one (1) year it shall become null and
void.
5. The Planning Commission hereby authorizes the Planning Division to make
and/or approve minor modifications.
6. All conditions shall be complied with to the satisfaction of the Planning Division
prior to final approval of the associated plans, building permits, building certificate
of occupancy, or any other appropriate request.
7. DR 14-02, CUP 14-01, and PCN 14-02 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 circumstance's. Changed circumstances include, but
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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 DR 14-02, CUP 14-01, and PCN
14-02.
8. 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.
9. 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.
10. 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.
11.. 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 Community Development Director, or his or her designee, prior
to installation.
12. All requirements of the Building Division and the Planning Division shall be
complied with prior to the final approval of the proposed construction.
13. 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
holiday without prior approval by the City.
14. The Planning staff shall have access to the subject property at any time during
construction to monitor progress.
15. 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, NC 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.
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December 7,2015
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The Planning Division shall approve said I screening on the development plan
prior to installation.
16. 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 the Rosemead Municipal Code, all
designated parking stalls shall be double striped. Such striping shall be
maintained in a clear, visible, and orderly manner.
17. All open areas not covered by concrete, asphalt, or structures shall be
landscaped and maintained on a regular basis.
18. The on-site public hearing notice posting shall be removed within 30 days from
the end of the 10-day appeal period of DR 14-02, CUP 14-01, and PCN 14-02.
19. The site shall be maintained in a graffiti-I free state. Any new graffiti shall be
removed within 24 hours. A 24-hour, Graffiti Hotline can be called at (626) 569-
2345 for assistance.
20. The site shall be maintained in a clean, weed, and litter free state in accordance
with 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.
21. The franchise owner and/or operator shall provide for daily removal of trash from
the premises and abutting sidewalks or alleys within twenty (20) feet of the
premises.
22. The awning shall be kept in good repair aid shall be cleaned and maintained on
a regular basis. Any awning with holes, tears, rips, or which is significantly faded
or stained shall be replaced. Prior to the installation of the awning, a material
sample shall be submitted to the Planning Division for the review and approval.
The storefront awning shall have a matte finish. The awning material shall have
a manufacturer's warranty demonstrating that the material is fade resistant, crack
and peel resistant, and mildew resistant.
23. The trash enclosure shall be an integral part of the building design and be of the
same architectural style, colors, and materials of the main building. The trash
enclosure colors shall match those that are illustrated on the color rendering
board, dated July 9, 2015, which was presented to the Planning Commission.
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.
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24. A final landscape and irrigation plan shall be submitted to the Planning Division
prior to the issuance of building permits. The landscape and irrigation plan shall
include a sprinkler system with automatic timers and moisture sensors. The plan
shall include all plant materials, including quantity and container sizes, shown on
the landscape plan dated July 7, 2015 with the exception of the following
revisions:
a. The following plant materials shall be eliminated from. the final landscape
plan: Laurus Nobilis/Sweet Bay, Rhus Lancea/African Sumac, Carissa G.
"Green Carpet", and Gazania "Mitsuwa White."
b. The plan shall incorporate five (5) 36" box Crape Myrtle "Muskogee" trees
instead of five (5) 15 gallon Crape Myrtle "Glendora White trees;
c. The Agave Attenuata shrub shall not be planted under trees due to its tall
flower spike;
d. The total number of Callistemon "Little John" shrubs shall be reduced to
accommodate the plant spread; and
e. The total number of Lantana "New Gold" shrubs shall be reduced to
accommodate the plant spread.
25. Prior to the issuance of building permits, the Applicant shall submit a lighting plan
• for approval by the Planning Division. The lighting plan shall include a schematic
depicting the location of lighting sources, as well as type of lighting proposed.
The lighting plan shall address the following criteria:
a. Lighting shall be fully shielded to minimize glare.
b. Light fixtures shall be architecturally compatible with the structure's design.
c. Structure entrances should be well illuminated.
d. Lighting and trees should not conflict with one another.
e. The design of exterior parking lot lighting fixtures shall be compatible with the
architecture used in the development and not be on poles over 22 feet tall.
26. Signs shall comply with the Commercial Revitalization Guidelines and Chapter
17.116 of the Rosemead Zoning Code. Prior to final inspection, the applicant
shall submit a sign plan subject to the review and approval of the Planning
Division. The sign plan shall incorporate the following:
a. All signage for the 7-Eleven shall be reviewed and approved prior to the
Planning Division final inspection.
b. Window signs shall not obstruct the view of the interior of the premises (e.g.,
sales counter, cash register, employees, customers, etc.) from the exterior.
c. No advertisements or illuminated signs shall be displayed that are visible from
the exterior of the convenience store which advertises alcoholic beverages.
27. 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. Loitering, open containers, and other signs specified by the
Alcoholic Beverage Control Act shall be posted as required by the ABC.
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28. A current letter grade issued to the business by the LA County Department of
Health Services shall be properly posted in the convenience store.
29. Alcoholic beverages shall not be sold outside the exterior walls of the retail
establishment.
30. The installation of a drive-up or walk-up se vice window shall be prohibited.
31. All franchise owners, operators, and managers of establishments shall complete
a Licensee Education on Alcohol and Drugs (LEAD) program sponsored by the
Department of Alcoholic Beverage Control.
32. The records of each franchise owner's and operator's successful completion of
the LEAD training program shall be maintained on the premises and shall be
presented to a representative of the City upon request.
33. No exterior vending machines shall be permitted.
34. The franchise owner and/or operator shall maintain a copy of the most recent
City permit, conditions of approval, and operating standards on the premises and
shall post a notice that these are available for review on the premises. The
posted copy shall be signed by the permittee.
35. Prior to construction commencing, the contractor shall schedule a pre-
development meeting with the Planning Division staff to review the conditions of
approval and construction plans.
36. Violations of the conditions of approval may result in citation and/or initiation of
• revocation proceedings.
37. Approval of Design Review 14-02, Conditional Use Permit 14-01, and PCN 14-02
shall not take effect for any purpose until the applicant has filed with the City of
Rosemead an affidavit stating that they are aware of and accept all of the
conditions set forth in the letter of approval and this list of conditions.
Chief of Police Conditions of Approval
38. The franchise owner shall purchase an existing Type 20 ABC license from an
adjacent census tract within the City of Rosemead.
39. The convenience store may operate 24 hours, 7 days a week. The sale of beer
and wine shall only occur during the hours of 6:00 a.m. to 11:00 p.m.
40. 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.
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41. 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. 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).
b. The exterior and interior must remain will illuminated during all business
hours.
c. Alcohol prod ucts, including displays, shall be secured during the hours of
non-sales.
d. All alcohol shall be stored /displayed away from the doors.
e. There shall be no sales of single can or bottle alcohol.
City Engineer Conditions of Ap`proval
•
GENERAL
•
42. Prior to performing any grading, obtain a permit from the Engineering
Department. Submit grading and drainage plans pre the City's grading guidelines
and the latest edition of the Los Angeles County Building Code. The plans shall
be stamped and signed by a California State Registered Civil Engineer.
43. A grading and drainage plan must provide for each lot having an independent
drainage system to the public street, to a public drainage facility, or by means of
an approved drainage easement.
44. Historical or existing storm water flow from adjacent lots must be received and
directed by gravity to the public street, to a public drainage facility, or an
approved drainage easement.
45. All grading projects require an Erosion Control Plan as part of the grading plans.
Grading permit will not be issued until and Erosion Control Plan is approved by
the Engineering Department.
46. All work proposed within the public right-of-way shall require permits from the
Public Works Department.
47. Any removed trees from City right-of-way shall be replaced and installed to the
satisfaction of the City Engineer and the City Urban Forester. Street trees shall
be planted in a manner that provides a minimum clearance of eight (8) feet from
any existing or proposed sewer laterals to be used to serve the project. The size
of the trees shall be minimum 48 inches box. Contact Gary William, Public Works
Inspector, at 626-569-2153 per species.
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48. A "NO LEFT TURNS" sign shall be installed to prohibit left turns form both project
driveways along Valley Blvd and Temple City Blvd.
SEWER
49. All existing laterals to be abandoned shall be capped at the public right-of-way to
the satisfaction of the City Engineer and the Building Official of the City of
Rosemead.
UTILITIES
50. All power, telephone, and cable television shall be underground.
51. Any utilities that are in conflict with the development shall be relocated at the
developer's expense.
WATER
52. Prior to the filing of the final map, there shall also be filed with the City Engineer,
a statement from the water purveyor indicating subdivider compliance with the
Fire Chief's fire flow requirements.
53. Water hydrant, water meter box, and utilities box shall be located 8-feet away
from parkway trees and 3-feet away from driveway approach.
54. Submit a revised plan indicating the location, size, and connection of proposed
fire hydrant in City's right-of-way.
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