PC - 2016-02 - Approving Conditional Use Permit 15-08 for A New Off-Sale Beer and Wine PC RESOLUTION 16-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 15-08 FOR A NEW OFF-
SALE BEER AND WINE (TYPE 20) ABC LICENSE AT A CORNER
MARKET LOCATED WITHIN THE FAIRFIELD INN & SUITES
MARRIOTT. THE SUBJECT SITE IS LOCATED AT 705 SAN GABRIEL
BOULEVARD (APN: 5271-002-066) IN THE C-3 (MEDIUM
COMMERCIAL) ZONE.
WHEREAS, on November 25, 2015, TSW Investment LLC submitted a
Conditional Use Permit a new off-sale beer and wine (Type 20) ABC license at a corner
market located within the Fairfield Inn & Suites Marriott. The subject site is located at
705 San Gabriel Boulevard in the C-3 (Medium Commercial) zone; 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 17.132.040 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve, or disapprove a conditional use permit
application; and
WHEREAS, on February 25, 2016, 26 notices were sent to property owners
within a 300-foot radius from the subject property, notices were posted in six (6) public
locations and onsite, and published in the Rosemead Reader (specifying the availability
of the application, plus the date, time, and location of the public hearing for CUP 15-08);
and
WHEREAS, on March 7, 2016, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to CUP 15-08;
and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that CUP 15-08
is Categorically Exempt under 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,
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CUP 15-08 is classified as a Class 9 Categorical Exemption pursuant to Section 15309
of CEQA.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving CUP 15-08 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;
A hotel has been operating at the subject site since 1984. The applicant is
proposing to incorporate a 52 square foot corner market within the Fairfield Inn &
Suites Marriott for hotel guests only. Specific conditions of approval have been
incorporated herein to deter regular alcohol related incidents from occurring. These
conditions include maintaining a 24-hour video surveillance recording system,
maintaining good lighting during hours of darkness, displaying alcohol away from the
corner market's entrance, limiting the sale of alcohol to registered hotel guests only
from 7:00 a.m. until 11:00 p.m., and limiting single can beer to a container size up to
24 ounces maximum.
In addition, after reviewing the crime statistics over the last two (2) years, the Chief
of Police has no objection to the request. Although the store is located within a high
crime area and near a major freeway (California State Route 60), the Chief of Police
has indicated that there are no noted concerns associated with the business
obtaining a beer and wine license to complement their store. In addition, the front
desk employees at the Fairfield Inn & Suites Marriott will undergo Training for
Intervention Procedures (TIPS®) training. TIPS is a dynamic, skills-based training
program designed to prevent intoxication, drunk driving and underage drinking by
enhancing the fundamental "people skills" of servers, sellers and consumers of
alcohol. TIPS give individuals the knowledge and confidence they need to recognize
potential alcohol-related problems and intervene to prevent alcohol-related tragedies
(h ttp://q ett i p s.co m/).
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 Commercial in the General Plan. Land Use Goal 2 of the General
Plan aims 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;
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The proposed Conditional Use Permit is for the off-sale of beer and wine at a new 52
square foot corner market within the Fairfield Inn & Suites Marriott. 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 15-08 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 52 square foot corner market within the Fairfield Inn & Suites Marriott
and upon approval as conditioned, will comply with such conditions as set forth in
the Conditional Use Permit.
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
similar uses, and any uses that attract minors.
ABC has also determined that this location is located in a high crime reporting
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district. The average number of offenses per reporting district in the City is 213.4.
The total number of offenses in the reporting district is 305. After reviewing the
crime statistics over the last two (2) years, the Chief of Police has no objection to the
request. Although the store is located within a high crime area and near a major
freeway (California State Route 60), the Chief of Police has indicated that there are
no noted concerns associated with the business obtaining a beer and wine license to
complement their store
There are no existing schools, parks, or places of religious worship within 1,000 feet
of the project site. The closest school to the subject property is Don Bosco
Technical Institute, located at 1151 San Gabriel Boulevard. The nearest park is
Triangle Park, located at the northeast corner of Walnut Grove Avenue and San
Gabriel Boulevard. The closest church is Evergreen Baptist Church, located at 1255
San Gabriel Boulevard. Given that there are no schools, parks, or churches located
within 1,000 feet of the site, staff feels that this use is consistent with the surrounding
commercial properties and existing and uses in the general area, with no
foreseeable negative impacts to the adjacent neighborhood or adjoining properties
SECTION 3. The Planning Commission HEREBY APPROVES CUP 15-08 for a
new Off-Sale Beer and Wine (Type 20) ABC license at a new corner market within the
Fairfield Inn & Suites Marriott, subject to conditions listed in Attachment "A" attached
hereto and incorporated herein by reference.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on March 7, 2016, by the following vote:
AYES: DANG, ENG, HERRERA, LOPEZ, and TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
SECTION 5. 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 71h day of arch, 2016.
10411, 0
J. nTa ., Chair
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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 7'" day of
March, 2016 by the following vote:
AYES: DANG, ENG, HERRERA, LOPEZ, and TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Michelle G. Ram' , Secretary
APPROVE TO FOR
fr
Gregory M. rphy, Planning C: mission Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PC RESOLUTION 16-02)
CONDITIONAL USE PERMIT 15-08
705 SAN GABRIEL BOULEVARD
(APN: 5271-002-066)
CONDITIONS OF APPROVAL
March 7, 2016
Standard Conditions of Approval
1. Conditional Use Permit 15-08 ("Project") is approved for a new Off-Sale Beer and
Wine (Type 20) ABC license at a new corner market located within the Fairfield
Inn & Suites Marriott, in accordance with the plans marked Exhibit "B", dated
November 25, 2015. Any revisions to the approved plans must be resubmitted for
Planning Division review and, if satisfactory, approval.
2. Approval of Project shall not take effect for any purpose until the applicants have
filed with the City of Rosemead ("City") 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.
3. The on-site public hearing notice posting shall be removed by the end of the 10-
day appeal period of Project.
4. Project is approved for a period of one (1) year. The applicant shall commence
the approved project 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
Project has 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 to the project and to these conditions of
approval.
6. Project 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
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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 Project.
7. The applicants 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.
8. The applicants 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.
9. The site shall be maintained in a graffiti-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.
10. The site shall be maintained in a clean, weed, and litter free state in accordance
with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which
pertains to the storage, accumulation, collection, and disposal of garbage,
rubbish, trash, and debris. All trash containers shall be stored in the appropriate
trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be
regularly cleaned, inspected, and maintained in a clean, safe, and sanitary
condition.
11. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Proiect Specific Conditions of Approval
12. 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 outside of the building located at 705 San Gabriel Boulevard or
secured common areas on the site. Loitering, open containers, and other signs
specified by the Alcoholic Beverage Control Act shall be posted as required by
the ABC (Modified by the Planning Commission on March 7, 2016).
13. A current letter grade issued to the business by the LA County Department of
Health Services shall be properly posted in the convenience store.
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.
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RMC Section 9.08.070" on the exterior of the subject building (Modified by the
Planning Commission on March 7, 2016).
15. Alcohol products, including displays, shall be secured during the hours of non-
sales.
Chief of Police Conditions of Approval
16. The corner market may operate 24 hours, 7 days a week. The sale of beer and
wine shall only occur during the hours of 7:00 a.m. to 2:00 a.m. and be limited to
registered hotel guests only. All alcohol shall be secured in lock containers by
11:00 p.m. and all alcohol sales between the hours of 11:00 p.m. to 2:00 a.m.
shall require the applicant to retrieve the product from the lock containers
(Modified by the Planning Commission on March 7, 2016).
17. The applicant shall maintain a 24-hour video surveillance recording system to
include coverage of the following areas:
a. Patron and employee arrivals and departures.
b. Immediate and adjoining parking area.
c. Entire exterior perimeter.
d. Any office and cashier area.
18. The video surveillance must be stored for a minimum of 30 days and be made
available to law enforcement and code enforcement upon request.
19. The parking lot and exterior of the business must maintain good lighting during
the hours of darkness.
20. All alcohol must be stored and/or displayed away from the corner market's
entrance.
21. The sales of single can beer shall be limited to a container size up to 24 ounces
maximum.
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