PC - 2016-13 - Approving Modificaiton 16-01 from an Off-Sale Beer and Wine to an Sale General Restrictive Service at 705 San Gabriel PC RESOLUTION 16-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING MODIFICATION 16-01 FROM AN OFF-SALE BEER AND
WINE (TYPE 20) TO AN ON-SALE GENERAL RESTRICTIVE SERVICE
(TYPE 70) ABC LICENSE AT A CORNER MARKET LOCATED WITHIN
THE FAIRFIELD INN & SUITES BY MARRIOTT, THE SUBJECT SITE IS
LOCATED AT 705 SAN GABRIEL BOULEVARD (APN: 5271-002-066) IN
A C-3 (MEDIUM COMMERCIAL) ZONE.
WHEREAS, on June 6, 2016, TSW Investment LLC submitted a Modification
application requesting to modify Conditional Use Permit 15-08 from an Off-Sale Beer and
Wine (Type 20) ABC license to an On-Sale General Restrictive Service (Type 70) ABC
license at a corner market located within the Fairfield Inn &Suites by 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 June 2, 2016, 25 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 Modification 16-01;
and
WHEREAS, on June 20, 2016, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Modification 16-
01; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that Modification
16-01 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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Modification 16-01 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 Modification 16-01 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;
A hotel has been operating at the subject site since 1984. The applicant has
incorporated a 52 square foot corner market within the Fairfield Inn & Suites by
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 by 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
(http://qettips.com/).
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.
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C. The use is consistent with the provisions of this Zoning Code;
The proposed modification is for an On-Sale General Restrictive Service (Type 70)
ABC license at a 52 square foot corner market within the Fairfield Inn & Suites by
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, Modification 16-01 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 requesting a modification for an On-Sale General Restrictive Service
(Type 70) ABC license at a 52 square foot corner market within the Fairfield Inn &
Suites by Marriott and upon approval as conditioned, will comply with such conditions
as set forth in Modification 16-01.
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 district.
The average number of offenses per reporting district in the City is 213.4. The total
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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 land uses in the general area, with no foreseeable negative
impacts to the adjacent neighborhood or adjoining properties
SECTION 3. The Planning Commission HEREBY APPROVES Modification 16-
01 for an On-Sale General Restrictive Service (Type 70) ABC license at a corner market
located within the Fairfield Inn & Suites by 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 June 20, 2016, by the following vote:
AYES: ENG, HERRERA, LOPEZ, and TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: DANG
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 201h day of June, 2016._
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Daniel Lopez, . ha' V
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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 20'h day of June,
2016 by the following vote:
AYES: ENG, HERRERA, LOPEZ, and TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: DANG °, 4
hili
Michelle
G. Ra it z, Secretary
APPR OV �jAS TO F s,:,u
Gre $ rphy, Planni : ommission Attorney
Burke, Wil ams & Sorensen, LLP
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ATTACHMENT "A"
(PC RESOLUTION 16-13)
MODIFICATION 16-01
705 SAN GABRIEL BOULEVARD
(APN: 5271-002-066)
CONDITIONS OF APPROVAL
June 20, 2016
Standard Conditions of Approval
1. Modification 16-01, formerly Conditional Use Permit 15-08 ("Project") is approved
for an On-Sale General Restrictive Service (Type 70) 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 of right to review is
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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.
Protect 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.
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.
RMC Section 9.08.070" on the exterior of the subject.
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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.
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.
a 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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