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CC - 2001-34 - Approving Conditional Use Permit No 01-832 for 3366 San Gabriel Blvd• RESOLUTION 01-34 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 01-832; APPEAL, REQUESTING A TYPE 20, OFF-SALE BEER AND WINE, LICENSE IN CONJUNCTION WITH A CONVENIENCE MARKET AND GASOLINE STATION FOR A PROPOSED 7-11 BUSINESS, LOCATED AT 3366 SAN GABRIEL BOULEVARD (APNS: 5288-017-025, 037, 039). WHEREAS, Terri Dickerhoff, 630 S. Kenmore Avenue, Suite 410, Los Angeles, California, 90005, filed an application on behalf of the 7-11 Corporation, requesting a Conditional Use Permit for a Type 20, off-sale beer and wine, license located at 3366 San Gabriel Boulevard on May 14, 2001; and WHEREAS, 3366 San Gabriel Boulevard is located in the C-3; Medium Commercial zoning district; and WHEREAS, Section 17.112.030 (9) of the Rosemead Municipal Code (RMC) permits establishments having off-sale licenses for alcoholic beverages in the C-1, C-3, CBD and M Zones; and WHEREAS, Section 65853 of the California Government Code and Section 17.124.070 of the Rosemead Municipal Code authorize applicants or any other person aggrieved by a decision of the Planning Commission to appeal said decision to the City Council within ten days; and WHEREAS, On August 15, the applicant, Urban Development, 630 S. Kenmore Avenue, Suite 410, Los Angeles, California, 90005 filed a letter of appeal to the City Council, appealing the Planning Commission decision on Conditional Use Permit 01-832; and WHEREAS, Section 17.124.070 of the Rosemead Municipal Code specifies the criteria by which a conditional use permit denial may be appealed; and WHEREAS, on July 26 and September 13, 2001, notices were posted in 10 public locations, in a newspaper of local circulation and 47 notices were sent to property owners within a 300-foot radius from the subject property specifying the date, time and location of the public hearings for Conditional Use Permit No 01-832 and its appeal; and , WHEREAS, on August 6, 2001 the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit No. 01-832; and WHEREAS, on August 20, 2001 the Planning Commission adopted PC Resolution No. 01-40, denying Conditional Use Permit 01-832; and WHEREAS, on September 25, 2001 the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit No. 01- 832 Appeal; and WHEREAS, the Rosemead City Council has considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemead as follows: SECTION 1. The City Council HEREBY DETERMINES that Conditional Use Permit 01-832 is categorically exempt from environmental review pursuant to Section 15309 of the California Environmental Quality Act (CEQA). SECTION 2. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit No. 01-832; Appeal, according to the Criteria • of Sections 17.112.010 and 17.112.100 of the Rosemead Municipal Code as follows: A. The establishment, maintenance and operation of the proposed use will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood thereof. FINDING: The applicant is a nationally recognized franchise business with proven high standards of operating procedures that ensure a healthy, safe environment within the immediate area of their store operations. B. The establishment, maintenance and operation of the proposed use will not be detrimental or injurious to the property and improvements in the neighborhood. FINDING: The property is approximately 21,000 square feet and is located in the C-3; General Commercial land use district. Convenience markets and alcohol sales are allowed in the commercial designation with a CUP. This lot is currently vacant and underutilized. Redevelopment of the lot will increase the values of property and improvements in the neighborhood. C. The establishment, maintenance and operation of the proposed use will not be detrimental or injurious to the general welfare of the City. FINDING: The 7-11 Corporation will maintain and operate at or above community standards for a convenience store/gasoline station. In addition, 7-11 Corporation has agreed to give preference to a Rosemead resident or a Rosemead business owner if they meet the qualification criteria for the franchisee application process. This will ensure that the owner will have a stake in the community and operate within the acceptable standards of the City. D. In addition to the findings stated above, the Rosemead Municipal Code requires that the project also meet the additional requirements set forth in Section 17.112.100 of the Rosemead Municipal Code for issuance of a new Conditional Use Permit: 1) complies with all CUP findings above, 2) will not present problems (e.g. loitering, traffic, parking, crime, interfere with pedestrian paths, etc.), 3) will not lessen the suitability of any nearby commercially-zoned properties for commercial use, and 4) will not adversely affect the welfare or undue concentration of alcohol dispensing establishments. The Council hereby determines that these requirements are met. FINDING: An additional beer and wine license will not create loitering, crime, and other associated problems. A condition of approval is included with this permit that requires a security plan be submitted for review and approval of the Sheriff's Department and City Staff. Although this request would continue "undue concentration" as defined by the California Department of ABC, the City Council finds that this project satisfies a public convenience and necessity for the City of Rosemead. SECTION 3. The City Council HEREBY APPROVES Conditional Use Permit 01-832; Appeal, subject to the conditions listed on Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the State of California Department of Alcoholic Beverage Control. C 0 PASSED, APPROVED and ADOPTED this 9th day of October, 2001. Jay perial, Mayor ATTEST: 7Nan Valderrama, City Clerk • CERTIFICATION L I hereby certify that the foregoing is a true copy of a resolution adopted by the City Council of the City of Rosemead at its regular meeting, held on the 9th day of October, 2001, by the following vote: YES: Bruesch, Taylor, Imperial, Clark, Vasquez None NO: None ABSENT: ABSTAIN: None Nancy Va errama, City Clerk • 0 EXHIBIT "A" CONDITIONAL USE PERMIT 01-832 3366 San Gabriel Boulevard CONDITIONS OF APPROVAL October 9. 2001 1. That all conditions of approval for Tentative Parcel Map 26406 and Conditional Use Permit 01-833, dated August 6, 2001 shall be adhered to. 2. That Conditional Use Permit 01-832 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. 3. Conditional Use Permit 01-832 is approved for a two-year period. Applicant shall make progress towards initiation of proposed use or request an extension 30 days prior to expiration. 4. That Conditional Use Permit 01-832 is approved for the issuance of an off-sale, beer and wine (Type 20) ABC license in conjunction with gasoline station/convenience store. 5. That the appropriate license from the California Department of Alcoholic Beverage Control shall be maintained at all times. 6. That the applicant (7-11 Corporation) shall purchase one existing off-sale beer and wine license within or adjacent to the subject census tract and transfer said license to this location. 7. That, if among the list of qualified franchisee applications for this store location, there is a Rosemead resident or Rosemead Business owner applicant, that individual shall be given preference over the other applicants for the purchase of this franchise. 8. That the applicant shall post signs stating "possession of open alcoholic beverages on the premises prohibited by law", along sidewalks and parking areas. Size, location, and material of signs shall be to the satisfaction of the Planning Department. 9. That prior to occupancy, the applicant shall submit a security plan subject to review and approval to the City and the Los Angeles County Sheriffs. 10. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 11. No portion of any required front and/or side yards shall be used for storage of any type. 12. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. All trash and debris shall be contained within a trash enclosure. 13. The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4", 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 Director of Planning prior to installation. 14. The hours of operation shall be posted in the front window or door. Hours of operations shall be 24 hours, seven days a week. 15. There shall be no sale, display or advertising for sale of automobiles, trucks, or trailers. 0 16. Signage on gas pump islands will be limited to the north and west sides of the canopy. 17. Outside lighting shall be arranged and shielded so as to prevent any glare, reflection, nuisance or hazardous interference of any kind to adjoining streets or property. 18. The property shall comply with all appropriate building, fire, and health department regulations. 19. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 20. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24-hour, Graffiti Hotline can be called at (626) 307- 0463 for assistance. 21. 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. 22. Adequate lighting shall be provided in the vehicle parking area. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 23. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of '/4 inches contrasting in color and easily visible at driver's street level. The location, color, and size of such signs shall be subject to the planning director's approval. 24. Any changes to the conditions of operation listed in this Exhibit "A" must be first approved by the Planning Commission through a modification application. 25. Violation of the conditions of approval may result in citation and/or the initiation of suspension or revocation proceedings.