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PC - 2017-08 - Approving Modification 17-02, a modification ofConditional Use Permit 09-03 from Type 20 ABC License to a Type 21 ABC License and Public Convience 17-01 PC RESOLUTION 17-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 17-02, A MODIFICATION OF CONDITIONAL USE PERMIT 09-03 FROM AN OFF-SALE BEER AND WINE (TYPE 20) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TO AN OFF-SALE GENERAL (TYPE 21) ABC LICENSE AND PUBLIC CONVENIENCE OR NECESSITY 17-01, A REQUEST THAT THE CITY OF ROSEMEAD DETERMINE THAT THE ISSUANCE OF A TYPE 21 ABC LICENSE FOR MODIFICATION 17-02 WILL SERVE THE PUBLIC CONVENIENCE OR NECESSITY, AS REQUIRED BY THE STATE DEPARTMENT OF ABC WHEN A PROJECT SITE IS LOCATED WITHIN A CENSUS TRACT WITH AN UNDUE CONCENTRATION OF ALCOHOL LICENSES AND/OR A CRIME REPORTING DISTRICT WITH AN UNDUE CONCENTRATION OF CRIME. THE PROJECT SITE IS LOCATED AT 9026 VALLEY BOULEVARD (APN: 8594-001-031), IN A CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY (CBD/D-0) ZONE. WHEREAS, on March 2, 2017, Grocery Outlet submitted a Modification application (MOD 17-02) requesting to modify Conditional Use Permit 09-03 from an Off-Sale Beer and Wine (Type 20) Alcoholic Beverage Control (ABC) License to an Off-Sale General (Type 21) ABC License. In addition, Grocery Outlet has also submitted a Public Convenience or Necessity application (PCN 17-01) requesting that the City of Rosemead determine that the issuance of a Type 21 ABC License for MOD 17-02 will serve the public convenience or necessity, as required by the State Department of ABC when a project site is located within a census tract with an undue concentration of alcohol licenses and/or a crime reporting district with an undue concentration of crime. The project site is located at 9026 Valley Boulevard; WHEREAS, 9026 Valley Boulevard is located in a Central Business District with a Design Overlay (CBD/D-0) zone; WHEREAS, Sections 17.120.110 and 17.30.040(E)(2) of the Rosemead Municipal Code provide the criterias for authorizing changes to an approved project and Conditional Use Permit; WHEREAS, 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; WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.120.110 of the Rosemead Municipal Code authorize the Planning Commission Planning Commission Meeting May1,2017 Page 2 of 11 to approve changes to development or new use authorized through a permit granted in compliance with the zoning code; WHEREAS, on April 20, 2017, sixty-three (63) notices were sent to property owners within a 300-foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were posted in six (6) public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for Modification 17-02 and Public Convenience or Necessity 17-01; WHEREAS, on May 1, 2017, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 17- 02 and Public Convenience or Necessity 17-01; 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 17-02 and Public Convenience or Necessity 17-01 are classified as Class 1 Categorical Exemptions, pursuant to Section 15301 of CEQA guidelines. Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Accordingly, Modification 17-02 and Public Convenience or Necessity 17-01 are classified as Class 1 Categorical Exemptions, pursuant to Section 15301 of the California Environmental Quality Act. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 17-02, in accordance with Section 17.120.110 and 17.30.040(E)(2) of the Rosemead Municipal Code as follows: A. Per Rosemead Municipal Code, Section 17.120.110(C), a proposed change that does not comply with the criteria identified in subsection B of [Section 17.120.110], or any other provision of the Zoning Code, may only be approved by the original review authority for the project through a modification permit application filed and processed in compliance with [Chapter 17.120]. FINDING: The applicant has proposed to modify Conditional Use Permit 09-03 from an Off-Sale Beer and Wine (Type 20) Alcoholic Beverage Control (ABC) License to an Off- Sale General (Type 21) ABC License. The use will not change from the existing operation. Applicable conditions of approval from Conditional Use Permit 09-03 will still apply, and Planning Commission Meeting May 1.2017 Page 3 of II new conditions of approval are recommended to preserve a healthy and safe environment for nearby residents and businesses. The Chief of Police did not note any concerns associated with the proposed project. B. The use is consistent with the purpose and intent of Section 17.30.040 of the Rosemead Municipal Code. The Planning Commission shall consider the following: • The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. • The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. • 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. • Whether or not the proposed modification will resolve any current objectable conditions. FINDING: According to the California Department of Alcoholic Beverage Control, the subject site is located in a high crime reporting district (No. 0531), which is distinguished as a crime reporting district with at least 20% greater number of reported crimes than the average number of reported crimes, as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. The California Department of Alcoholic Beverage Control indicated that 120% of the average number of offenses is 256.1, while the total number of offenses in the subject crime reporting district they had on file is 359. After reviewing statistics pertaining to crime and calls for service related to the project site and corresponding reporting districts from April 1, 2015 through April 1, 2017, the Chief of Police provided the following alcohol-related crime statistics and did not note any concerns associated with the proposed project. The Chief of Police has recommended conditions of approval, which are included in Attachment "A". Reporting 0531 0530 0532 0533 0534 0535 0536 District (Adjoining Reporting District) _ Alcohol- 13 19 19 50 15 5 0 Related Crimes Furthermore, the Chief of Police has provided information pertaining to the type and location of alcohol-related crimes within the subject crime reporting district from January 1, 2016 to December 31, 2016. No alcohol-related crimes were reported for the project site within the aforementioned timeframe. Planning Commission Meeting May 1,2017 Page 4 of 11 Type of Alcohol Related Crimes Location Driving Under the Influence Rosemead Blvd. / Marshall St. Driving Under the Influence Rosemead Blvd. / Marshall St. Driving Under the Influence Rosemead Blvd. / Marshall St. Driving Under the Influence 8712 Marshall St. Driving Under the Influence 8444 Valley Blvd. Drunk in Public 9341 Valley Blvd. Drunk in Public 4423 Rosemead Blvd. Drunk in Public 3836 Temple City Blvd. Residential zoning districts are generally located to the rear of Central Business Districts along Valley Boulevard. An Off-Sale General (Type 21) ABC License is an ancillary use to a grocery store and will not cause obstructions to pedestrian traffic, vehicular traffic, or parking. Regular inspections by the State ABC and the Rosemead Public Safety Department will ensure that the location is monitored and the sale of alcoholic beverages will not result in interference with children on their way to school, shoppers using streets, or defacement of surrounding properties. Employees will be trained on how to properly sell alcohol, including but not limited to checking identification to avoid selling to minors. The use is consistent and compatible with the existing commercial land uses in the vicinity of the project site. The Conditions of Approval will mitigate any potential impacts of the proposed project. SECTION 3. City Council Resolution No. 2010-34 establishes the following criteria for evaluating whether public convenience or necessity will be served by the issuance of an on-sale or an off-sale alcohol license when an undue concentration of alcohol licenses or reported crimes exists: A. Whether the issuance involves an existing business with a license which is being transferred to a new location, and which will not result in an increase in the total number of off-sale retail liquor licenses or on-sale retail liquor licenses in the City, or in the census tract in which the business would be located. FINDING: The project site is located within a census tract with an undue concentration of alcohol licenses and a crime reporting district with an undue concentration of crime, therefore, a Public Convenience or Necessity is required by ABC to modify Conditional Use Permit 09-03 from an Off-Sale Beer and Wine (Type 20) ABC License to an Off-Sale General (Type 21) ABC License. Grocery Outlet has operated with an approved Conditional Use Permit for the sale of alcoholic beverages since 2009. The proposed Off-Sale General (Type 21) ABC License will replace the existing Off-Sale Beer and Wine (Type 20) ABC License. The total number of off-sale retail liquor licenses would Planning Commission Meeting May 1,2017 Page 5 of 11 not be increased in the City or subject census tract. B. Whether the business, by reason of its location, character, manner or method of operation, merchandise, or potential clientele, will serve a segment of the City's businesses or residents not presently being served. FINDING: Grocery Outlet is currently a full service grocery store, which is a necessary use to the community. The general sale of alcoholic beverages within the existing grocery store will provide added convenience to customers, providing a one-stop shopping experience. C. Whether the business will be located within 1000-foot radius of incompatible land uses such as public and private schools, day care centers, churches, parks and alcohol rehabilitation centers and facilities designed to operate and serve minors. FINDING: There is a total of one school and church within a 1000-foot radius of the subject site. The location of the school and church is approximately 800 and 880 feet from the project site, respectively. Although Grocery Outlet is located within a 1000-foot radius of the school and church, no complaints have been received by the Planning Division or Public Safety Department related to this request. The general sale of alcoholic beverages is not expected to interfere with these sensitive land uses. D. Whether the location of the business will be in a crime data area covered by Sheriff Department statistics, which has a twenty percent (20%) greater number of "reported crimes" than the average number of report crimes for all the crime data areas in the City, over the previous year. For this purpose, "reported crimes" means reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all other arrests for other misdemeanor or felony crimes, except traffic citations. FINDING: Based on statistics provided by the State Department of Alcohol Beverage Control, the subject site is located in a high crime area. Specific conditions have been incorporated into the approval of this request to mitigate any potential negative impacts to the residential neighborhood. Applicable conditions of approval from Conditional Use Permit 09-03 have been incorporated to require the applicant to post signs prohibiting the consumption of alcoholic beverages adjacent to the premises within the parking lot and public sidewalks and to ensure all requirements and appropriate licenses of the State of California and California State Department of Alcoholic Beverage Control shall be complied with and maintained at all times. With the conditions incorporated, it is not anticipated that the sale of general sale of alcoholic beverages will exacerbate levels of crime or be a magnet for criminal activity. E. Whether the issuance of the license involves an existing business, which has been located at a site which has had three or more "reported crimes" within the previous Planning Commission Meeting May 1,2017 Page 6 of 11 one year period. For this purpose, "reported crimes" means reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all other arrests for other misdemeanor or felony crimes, except traffic citations. FINDING: Grocery Outlet has had no "reported crimes" within the previous one year period. However, specific conditions have been incorporated in the Conditions of Approval to mitigate any future negative impacts to the neighborhood with regards to the Off-Sale General (Type 21) ABC License in conjunction with the existing grocery store. Such conditions require Grocery Outlet to maintain a 24-hour video surveillance recording system, the storage of the video surveillance for a minimum of 30 days, and good lighting during hours of darkness. F. Whether the issuance of the license would enhance or facilitate the vitality of an existing commercial area without being detrimental to the health, safety, and welfare of the community. FINDING: The sale of general alcoholic beverages within the existing grocery store will provide added convenience to customers, providing a one-stop shopping experience. Specific conditions have been incorporated to deter criminal activity and promote a safe environment. Functioning recordable video surveillance and illumination will discourage crime. G. Whether the off-sale of alcoholic beverages is incidental and appurtenant to a larger retail use and provides a more complete and convenient shopping experience. FINDING: The sale of general alcoholic beverages in a grocery store is appurtenant to a larger retail use. The sale of general alcoholic beverages within the grocery store will provide added convenience to customers, providing a one-stop shopping experience. H. Whether the issuance of the license will promote the goals and policies of the City's General Plan, any applicable specific plan, or any similar policies that have been formally adopted by the City Council. FINDING: The General Plan does not specifically designate uses permitted by a Conditional Use Permit. There are no applicable specific plans for this geographic area of the City. Rosemead Municipal Code (Section 17.30.040) permits the requested use subject to a Conditional Use Permit within the zones corresponding to the land use designation within the General Plan. The site is zoned Central Business District (CBD) and designated as Commercial by the General Plan. The site is located in a commercial corridor that offers a wide range of neighborhood-supporting retail and commercial services. I. Whether any other information supplied by the applicant, or other competent evidence shows that the public convenience or necessity will be served by the issuance of Planning Commission Meeting May 1,2017 Page 7 of 11 the license. FINDING: The existing full service grocery store will continue to serve the residents of Rosemead. The addition of the Off-Sale General (Type 21) ABC License will provide a convenience for customers by eliminating the need for an additional shopping trip for alcoholic beverages. The sale of alcoholic beverages as an incidential part of the grocery store use has been occurring for numerous years at this location without detriment to the community. SECTION 4. The Planning Commission HEREBY APPROVES Modification 17-02, a modification of Conditional Use Permit 09-03 from an Off-Sale Beer and Wine (Type 20) Alcoholic Beverage Control (ABC) License to an Off-Sale General (Type 21) ABC License and Public Convience or Necessity 17-01, a request that the City of Rosemead determine that the issuance of a Type 21 ABC License for Modification 17-02 will serve the public convenience or necessity, as required by the State Department of ABC when a project site is located within a census tract with an undue concentration of alcohol license and/or a crime reporting district with an undue concentration of crime, subject to the conditions listed in Attachment "A" attached hereto and incorporated herein by reference. SECTION 5. This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Rosemead Municipal Code, Section 17.160.040—Appeals of Decisions. SECTION 6. This resolution is the result of an action taken by the Planning Commission on May 1, 2017, by the following vote: AYES: DANG, ENG, LOPEZ, TANG NOES: NONE ABSTAIN: NONE ABSENT: HERERRA 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 15t day of May, 2017. Danie O, ;•Ir Planning Commission Meeting May 1,2017 Page B of 11 CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 1st day of May, 2017, by the following vote: AYES: DANG, ENG, LOPEZ, TANG NOES: NONE ABSTAIN: NONE ABSENT: HERERRA Arte. ichelle Ramirez Secretary APPROV : AS TO F • Gre.? 'urphy, Plan #Commission Attorney Burke, illiams & Sorensen, LLP Planning Commission Meeting May 1,2017 Page 9 of 11 ATTACHMENT "A" (PC RESOLUTION 17-08) MODIFICATION 17-02 AND PUBLIC CONVENIENCE OR NECESSITY 17-01 9026 VALLEY BOULEVARD (APN: 8594-001-031) CONDITIONS OF APPROVAL MAY 1, 2017 Standard Conditions of Approvals 1. Modification 17-02 and Public Convenience or Necessity 17-01 ("Project") is approved for the modification of Conditional Use Permit 09-03 from an Off-Sale Beer and Wine (Type 20) ABC License to an Off-Sale General (Type 21) ABC License and the determination that an Off-Sale General (Type 21) ABC License will service the public convenience or necessity, in accordance with the plans marked Exhibit "D", dated March 2, 2017. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. The following conditions must be complied to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions. 4. Approval of Project shall not take effect for any purpose until the applicant(s) 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. 5. The on-site public hearing notice posting shall be removed by the end of the 10-day appeal period of Project. 6. Project is approved for a period of one (1) year. The applicant(s) 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. Planning Commission Meeting May 1,2017 Page 10 of 11 7. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the project and to these conditions of approval. 8. 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 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. 9. The applicant(s) shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 10. The applicant(s) shall comply with all Federal, State, and local laws relative to the approved use, including the requirements of the Planning, Building, Fire, Sheriff, and Health Departments. 11. Building permits will not be issued in connection with any project until such time as all plan check fees and all other applicable fees are paid in full. Prior to issuance of building permits, any required school fees shall be paid. The applicant shall provide the City with written verification of compliance from the applicable school districts. 12. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 3/4 inch, 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/her designee, prior to installation. 13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or on any federal holiday, without prior approval by the City. The applicant shall abide by the noise control sections of the Rosemead Municipal Code. 14. The Building and Safety Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. Planning Commission Meeting May 1,2017 Page 11 of 11 15. All requirements of the Building and Safety Division, Planning Division, and Engineering Division shall be complied with prior to the final approval of the proposed construction. 16. All ground level mechanical/utility equipment (including meters, back flow prevention devices, fire valves, A/C condensers, furnaces, 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. 17. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Project Specific Conditions of Approval 18. The approved use shall be in compliance and remain in compliance with all Conditions of Approval for Design Review 09-04 and Conditional Use Permit 09-03, in addition to the Conditions of Approval for Modification 17-02 and Public Convenience or Necessity 17-01. 19. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 6:00 a.m. through 12:00 a.m., daily. The Planning Commission hereby authorizes the Chief of Police to modify the hours of alcohol sales during those hours if it becomes detrimental to the public health, safety, and general welfare of the City. 20. If warranted on the basis of the City of Rosemead Public Safety or Los Angeles County Sheriff's Department incident reports, the City shall have the right to require additional security measures. Chief of Police Conditions of Approval 21. The establishment shall maintain a 24-hour video surveillance recording system, which includes coverage of the following areas: a. Patron and employee arrival and departure; b. Immediate and adjoining parking areas; c. Entire exterior perimeter; d. Office and cashier areas; and e. General floor area 22. The video surveillance shall be stored for a minimum of 30 days and be made available to law enforcement and code enforcement upon request. 23. The parking lot and exterior of the business shall maintain good lighting during hours of darkness.