PC - 2021-03 - Approving Modification 20-03 and amending Condition of Approval No. 1, 38, 39, & 40 located at 9701 Valley Blvd PC RESOLUTION 21-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MODIFICATION 20-03 FOR THE AMENDMENT OF
CONDITIONAL USE PERMIT 14-01 MODIFYING CONDITIONS OF
APPROVAL NO. 1, 38, 39, AND 40 AND PUBLIC CONVENIENCE OR
NECESSITY 20-01, A REQUEST THAT THE CITY OF ROSEMEAD
DETERMINE THAT THE ISSUANCE OF A TYPE 21 ABC LICENSE FOR
MODIFICATION 20-03 WILL SERVE THE PUBLIC CONVENIENCE OR
NECESSITY, LOCATED AT 9701 VALLEY BOULEVARD IN THE
MEDIUM COMMERCIAL WITH RESIDENTIAL/COMMERCIAL MIXED-
USE DEVELOPMENT AND DESIGN OVERLAYS (C-3/RC-MUDO/D-O)
ZONE (APN: 8577-009-026).
WHEREAS, on September 10, 2020, 7-Eleven submitted a Modification
application requesting to amend Conditional Use Permit 14-01, by modifying Conditions
of Approval No. 1,38,39, and 40. In addition a Public Convenience or Necessity
application was submitted requesting that the City of Rosemead determine that the
issuance of a Type 21 ABC License for Modification 20-03 will serve the public
convenience or necessity. The project site is located at 9701 Valley Boulevard;
WHEREAS, 9701 Valley Boulevard is located in the Medium Commercial with
Residential/Commercial Mixed-Use Development And Design Overlays (C-3/RC-
MUDO/D-O) Zone;
WHEREAS, Section 17.120.110(C) of the Rosemead Municipal Code provides the
criteria for authorizing changes to an approved project;
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, City Council Resolution No. 2010-34 specifies the criteria by which a
finding of public convenience or necessity may be granted; and
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.120.110(C) of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve, or deny changes to developments or new
uses authorized through a permit granted in compliance with the zoning code;
WHEREAS, on February 18, 2021, 22 notices were sent to property owners within
a 300-foot radius from the subject property, the notice was published in the Rosemead
Reader on February 18, 2021 and in the San Gabriel Valley tribute on February 20, 2021,
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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
20-03 and Public Convenience or Necessity 20-01;
WHEREAS, on March 1, 2021, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Modification 20-
03 and Public Convenience or Necessity 20-01; 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 20-03
and Public Convenience or Necessity 20-01 is classified as a Class 1 Categorical
Exemption, pursuant to Section 15301 of the California Environmental Quality Act
guidelines and a Class 9 Categorical Exemption, pursuant to Section 15309 of the
California Environmental Quality Act guidelines. Section 15301 of the California
Environmental Quality Act 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 existing or former use. Section 15309 exempts projects
consisting of activities limited entirely to inspections, to check for the performance of an
operation, or the quality, health, or safety of a project, including related activities such as
inspection for possible mislabeling, misrepresentation, or adulteration of products.
Accordingly, Modification 20-03 and Public Convenience or Necessity 20-01 are classified
as Class 1 and Class 9 Categorical Exemptions, pursuant to Sections 15301 and 15309
of the California Environmental Quality Act.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Modification 20-03 and Public Convenience or Necessity
20-01, in accordance with Section 17.120.110(C) 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[RMC 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 [RMC Chapter 17.120].
FINDING: Staff has carefully reviewed the applicant's request to verify that the
proposed modification would remain in conformity with the standards of the Rosemead
Municipal Code if the aforementioned Conditions of Approval are amended. Since 7-
Eleven has been in operation since 2018, the project site has not had any code
enforcement issues and the City has not received any complaints. The request will not
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result in additional square footage or require additional off-street parking spaces.
Furthermore, all applicable Conditions of Approval in Design Review 14-02 and
Conditions of Approval in Conditional Use Permit 14-01 would apply. To date, the
Planning Division has not received objections opposing Modification 20-03 and PCN 20-
01.
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;
7-Eleven, Inc. purchased their existing Type 20 ABC license from El Novillo Market,
located at 2243 San Gabriel Boulevard and within a census tract in the City (Census
Tract 4825.03). The applicant had until September 7, 2022 to purchase a second ABC
license from a census tract within the City and cancel the said license with ABC. The
applicant was able to obtain a Type 21 ABC license from Doug's Liquor located within
a census tract (Census Tract 4322.02) in the City. However, the applicant is proposing
to utilize the acquired Type 21 ABC License and cancel their existing Type 20 ABC
License. As a result, there is no net increase in the number of Type 20 or Type 21
ABC licenses in the City. Instead, the City would have a net loss of one Type 20 ABC
license.
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 has been serving as a neighborhood convenience market since 2018. The
establishment provides a variety of goods, such as medicines, fresh foods, hot foods,
pre-packaged food items, beauty products, dairy products, meats, breads, coffee
stations, beer, and wine. The establishment has progressed toward becoming a
neighborhood store that serves'the needs of the community. The establishment is
located near several businesses that have large employee bases, such as the
Hermetic Seal Corporation, Apac Service Center and Insurances Services, and
several commercial establishments such as an Autozone, Jiffy Lube, and a Dental
office. 7-Eleven's vast selection of products will serve the business employees that
are located in the City as they 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 7-Eleven to complete their purchases. The
general sale of alcoholic beverages within the existing establishment will provide
added convenience to customers, providing a one-stop shopping experience.
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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 public and private schools, day care centers, churches, parks, alcohol
rehabilitation centers, and facilities designed to operate and serve minors within 1,000
feet of the site. The establishment is surrounded by properties that are zoned C-3/
RC-MUDO/D-O. 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
misdemeanor or felony crimes, except traffic citations;
Based on statistics provided by the State Department of Alcohol Beverage Control,
the subject site is located in a high crime area that is covered by Temple City Sheriff
Station's statistics. After reviewing all relevant data, the Chief of Police did not note
any concerns associated with the applicant's request. In addition, specific conditions
have been incorporated into the original approval to mitigate any potential negative
impacts to the community. Applicable Conditions of Approval from Conditional Use
Permit 14-01 will remain and be continuously enforced 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 its Department of Alcohol Beverage
Control shall be complied with and maintained at all times. With the Conditions of
Approval being actively enforced, it is not anticipated that the sale of alcohol will
exacerbate levels of crime or be a magnet for criminal activity. The addition of distilled
spirits comprises a small percent of the sales floor area behind the service register
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 or more "reported crimes" within the previous
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.
According to the crime reports provided by the Chief of Police, 7-Eleven had five
"reported crimes" in 2020. After reviewing all relevant data, the Chief of Police did not
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note any concerns associated with the applicant's request. Conditions of Approval will
still be actively enforced to mitigate any negative impacts to the neighborhood with
regards to the Type 21 ABC License in conjunction with the existing convenience
market. Such conditions require 7-Eleven to maintain a 24-hour video surveillance
recording system, the storage of the video surveillance for a minimum of 60 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;
7-Eleven has been serving as a neighborhood convenience market since 2018. The
establishment provides a variety of goods, such as medicines, fresh foods, hot foods,
pre-packaged food items, beauty products, dairy products, meats, breads, coffee
stations, beer, and wine. The establishment has progressed toward becoming a
neighborhood store that serves the needs of the community. By offering a vast
selection of products, including incidental alcohol sales, patrons will be able to
complete most of their quick shopping needs without traveling to other areas of the
community.
The issuance of the license would not be detrimental to the health, safety, and welfare
of the community. The beer and wine is stored at the rear of the store in coolers that
are not visible from the exterior. After the proposed hours of sale, the coolers are
secured and cannot be opened. The distilled spirits are proposed behind the sales
counter and cannot be access without assistance from a store employee. The
employees will have extensive security measures, training, strict policies for sales,
age limit monitoring, facility monitoring, and security cameras to help protect the
property and improvements in the neighborhood.
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 has been serving as a neighborhood convenience market since 2018. 7-
Eleven is a national chain of neighborhood convenience markets that provide a variety
of goods, such as medicines, fresh foods, hot foods, pre-packaged food items, beauty
products, dairy products, meats, breads, coffee stations, alcohol. The off-sale of
alcoholic beverages will account for approximately 12-15 percent of the total sales of
the store. By including the sale of general alcohol with its vast array of other
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 shopping experience for those who are already shopping at the
store for a variety of goods, such as medicines, fresh foods, hot foods, pre-packaged
food items, beauty products, dairy products, meats, breads, coffee stations, and other
non-alcoholic beverages. The store will not contain any type of use which may typically
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be associated with adverse effects upon the economic health of a neighborhood, such
as a liquor store, stand-alone bar, or nightclub. The addition of distilled spirits in
conjunction with the existing beer and wine sales will comprise of 5% of the total floor
area of the existing store and 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.
The convenience market is a permitted use in the C-3 zone. Rosemead Municipal
Code Chapter 17.16 permits alcoholic beverage retail sale (off-sale) uses subject to a
Conditional Use Permit within the zones corresponding to the land use designation
within the General Plan. The Site is zoned C-3/RC-MUDO/D-O. The General Plan
designates the site as 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 that offers a wide
range of neighborhood-supporting retail and commercial services. Therefore, the use
is in harmony with the General Plan and not detrimental to the character of
development in the immediate neighborhood.
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 general alcohol sales at this store fulfills the commitment of the
applicant to save 7-Eleven customers time and money with the convenience of a one-
stop shopping experience. According to the applicant, the 7-Eleven franchise has
progressed toward becoming a neighborhood store that serves the complete needs
of the community.
The establishment is located near several businesses that have large employee
bases, such as the Hermetic Seal Corporation, Apac Service Center and Insurances
Services, and several commercial establishments such as an Autozone, Jiffy Lube,
and a Dental office. 7-Eleven's vast selection of products will serve the business
employees that are located in the City as they 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 7-Eleven to complete their
purchases. The general sale of alcoholic beverages within the existing establishment
will provide added convenience to customers, providing a one-stop shopping
experience.
7-Eleven 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
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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.
Currently, beer and wine are 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. The distilled spirits are proposed behind the sales counter
and cannot be access without assistance from a store employee.
Alcohol 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.
SECTION 4.The Planning Commission HEREBY APPROVES Modification 20-03,
an amendment to Conditional Use Permit 14-01, amending Condition of Approval No. 1,
38, 39, and 40 and Public Convenience or Necessity 20-01 requesting that the City of
Rosemead determine that the issuance of a Type 21 ABC License for Modification 20-03
will serve the public convenience or necessity at 9701 Valley Boulevard, and 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 March 1, 2021, by the following vote:
AYES: BERRY, LEUNG, LOPEZ, AND TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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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 1st day of March, 2021.
Daniel Lope , hai.
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 March,
2021 by the following vote:
AYES: BERRY, LEUNG, LOPEZ, AND TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
An2 vlica Frausto-Lupo, Secretary
APPROVED AS TO FORM:
f ,'
ane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PC RESOLUTION 21-03)
MODIFICATION 20-03 AND PUBLIC CONVENIENCE OR NECESSITY 20-01
9701 VALLEY BOULEVARD
(APNs: 8577-009-026)
CONDITIONS OF APPROVAL
MARCH 1, 2021
1. Modification 20-03 and Public Convenience or Necessity (PCN) 20-01 are
approved as modifications to Conditional Use Permit (CUP) 14-01 and PCN 14-02
for the issuance of an Off-Sale General (Type 21) Alcoholic Beverage Control
(ABC) license, in accordance with the plans marked Exhibit"D", dated January 25,
2021. Any revisions to the approved plans must be resubmitted for the review and
approval of the Planning Division. All applicable Conditions of Approval for Design
Review 14-02 (DR 14-02) and CUP 14-01 would apply.
2. The conditions listed on this exhibit shall 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 untilthe 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
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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
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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 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, A/C 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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The Planning Division shall approve said 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-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 and 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, self-latching doors and
a solid roof cover. The trash area must be maintained and the opaque doors shall
be closed at all times. (Modified by the Planning Commission on December 7,
2015)
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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.
28. A current letter grade issued to the business by the LA County Department of
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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 service 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 convenience store may operate 24 hours, 7 days a week. The sale of alcohol
shall only occur during the hours of 6:00 a.m. to 2:00 a.m.
39. 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.
40. 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:
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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 well illuminated during all business hours.
c. Alcohol products, including displays, shall be secured during the hours of non-
sales.
d. All alcohol shall be stored /displayed away from the doors.
City Engineer Conditions of Approval
GENERAL
41. 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.
42. 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.
43. 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.
44. 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.
45. All work proposed within the public right-of-way shall require permits from the
Public Works Department.
46. 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.
47. A "NO LEFT TURNS" sign shall be installed to prohibit left turns form both project
driveways along Valley Blvd and Temple City Blvd.
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SEWER
48. 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
49. All power, telephone, and cable television shall be underground.
50. Any utilities that are in conflict with the development shall be relocated at the
developer's expense.
WATER
51. 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
Chiefs fire flow requirements.
52. Water hydrant, water meter box, and utilities box shall be located 8-feet away from
parkway trees and 3-feet away from driveway approach.
53. Submit a revised plan indicating the location, size, and connection of proposed fire
hydrant in City's right-of-way.
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