PC - Item 4A - Conditional Use Permit 93-591ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: APRIL 6, 2009
SUBJECT: CONDITIONAL USE PERMIT 93-591 (MODIFICATION)
8150 GARVEY AVENUE, UNIT 121
SUMMARY
The Square Group, LLC has submitted an application to modify Conditional Use Permit 93-
591, requesting to expand an existing market, located at 8150 Garvey Avenue, Unit 121 in
the C-3 (Medium Commercial) zone.
Environmental Determination:
Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts
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 93-591
(Modification) is classified as a Class 9 Categorical Exemption pursuant to Section 15309
of CEQA and therefore exempt from further environmental analysis.
Municipal Code Requirements
Section 17.112.030 (9) of the Rosemead Municipal Code (RMC) allows off-sale alcohol
licenses in the C-1, C-3, CBD and M zones upon the granting of a Conditional Use Permit
(CUP) by the Planning Commission. RMC Section 17.112.010 sets the following criteria
that must be met:
That the Conditional Use Permit applied for is authorized by the provisions of this
title; and
That the granting of such Conditional Use Permit will not adversely affect the
established character of the surrounding neighborhood or be injurious to the
property or improvements in such vicinity and zone in which the property is located;
and
That the establishment, maintenance or conduct of the use for which the conditional
use permit is sought will not, under the particular case, be detrimental to the health,
safety, morals, comfort, convenience or welfare of persons residing or working in
the neighborhood; and
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Not be detrimental or injurious to the property and improvements in the
neighborhood or the general welfare of the city; and
Staff Recommendation
Staff recommends that the Planning Commission APPROVE Conditional Use Permit 93-
591 (Modification) for a period of six (6) months and adopt Resolution 09-08, subject to
conditions outlined in Exhibit "B" attached hereto.
Property History and Description
The subject site is located at the southwest corner of San Gabriel Boulevard and Garvey
Avenue. The subject site consists of one (1) parcel, totaling 308,450 square feet (7.08
acres). The County Flood Control District easement for the Alhambra Wash crosses the
lot diagonally at its northeastern corner. Planning Division records indicate that a total of
nine (9) entitlements have been approved for this property since 1981. The majority of
these entitlements consist of Conditional Use Permits for on-sale alcohol licenses for
several restaurants in the center.
According to Building and Safety Division records, the property is currently developed with
three (3) commercial buildings. The subject supermarket is currently operated by 99
Ranch Market in Unit 121, located in Building B. Building and Safety Division records
indicate that the 99 Ranch Market has been operating at the subject site since 2003. The
supermarket is currently 23,096 square feet. The following table provides a breakdown of
the uses within each building.
Building
Retail/Office
Area (s.f.)
Restaurant/Fast Food Area
(s.f.)
Total Building Area
(s.f.)
A (8118)
4,628
13,973
18,601
B (8150)
34,131
15,731
67,261
C (8158)
3,000
3,000
6,000
Total
41,759
32,704
91,862
North Elevation
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Site & Surrounding Land Uses
The project site is designated in the General Plan as Mixed Use (Residential/Commercial)
and on the zoning map, it is designated C-3 (Medium Commercial). The site is surrounded
by the following land uses:
North:
General Plan: Mixed Use: Residential/Commercial (31-45 du/acrea)
Zoning: C-3 (Medium Commercial)
Land Use: Fast-Food Restaurant
South:
General Plan: Mixed Use: Residential/Commercial (31-45 du/acrea)
Zoning: C-3 (Medium Commercial)
Land Use: Restaurant
East:
General Plan: Mixed Use: Residential/Commercial (31-45 du/acrea)
Zoning: C-3 (Medium Commercial)
Land Use: Auto Repair
West:
General Plan:
Medium Density Residential
Zoning:
R-2 (Light Multiple Residential)
Land Use:
Residential
Administrative Analysis
The applicant is proposing to modify Conditional Use Permit 93-591, for the expansion of
an existing market. The Planning Commission approved Conditional Use Permit 93-591
on June 21, 1993, for the transfer of an off-sale general ABC license. The applicant is
proposing to modify Conditional Use Permit 93-591 due to condition of approval number 6,
which states, the floor plan shall not be altered or deviated in any form from the approved
floor plan, shown in Exhibit 8 (on file).
On February 23, 2009, a tenant improvement was approved and building permits were
issued for the addition of a 6,300 square foot produce market inside Building B, as
illustrated in Exhibit "C." This tenant improvement is currently under construction. It is the
intent of the applicant to combine this new produce market with the existing supermarket.
Floor Plan
As shown on the architectural drawings, included in this staff report as Exhibit "C," the
applicant is proposing to expand the existing market within the existing 67,261 square-foot
Building B. The proposed interior expansion includes demolishing the demising wall
located between the supermarket and the produce market that is currently under
construction. The demolition of this wall will add 6,300 square feet of floor area to the
existing supermarket, totaling the floor area of the supermarket to 29,376 square feet. No
new building floor area will be added that would affect the parking requirements for the
site.
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The proposed interior expansion also includes upgrading all equipment, creating a new
floor plan for the sales, preparation and storage areas, removing and replacing the old
cashier counters and shifting them to east side of the market, installing a new kitchen,
which will be used to prepare packaged goods along the south side of the market,
expanding the fish/seafood department, creating a new meat department along the west
side of the market, converting the storage area along the south side of the market into a
women's and men's locker rooms and restrooms, and converting the existing grocery
freezer, grocery cooler, and restroom area along the south side of the market into
additional office area.
The proposed floor plan also indicates that the walls along the south side of the market
will be removed and replaced, and the existing demising wall located along the east side
of the market will be shifted ten (10) feet towards the east.
The proposed floor plan also indicates that the applicant is proposing to install a new
single exit door along the west side of Building B. Staff has analyzed the proposed floor
plan, and will not permit any new doors on Pine Street. Pine Street is a local street, and
.is not large enough to support additional traffic. For this reason, a condition of approval
has been added to prevent door openings on the west side of the building.
Parking and Circulation
According to the Rosemead Municipal Code (RMC), a shopping center is defined as a
single parcel of land with two or more uses and situated within the C-3 (Medium
Commercial) zone. Furthermore, RMC. Section 17.84.100(C) requires one (1) parking
space for each two hundred fifty (250) square feet of combined gross floor area if the total
combined floor space of all structures on the parcel is one hundred thousand (100,000)
square feet or less of floor area. Based on this definition and these parking requirements,
the center would provide an adequate number parking spaces onsite. Ninety-one
thousand, eight hundred and sixty-two (91,862) square feet of shopping center gross floor
area requires three hundred and sixty-eight (368) parking spaces. The subject
commercial center currently provides four hundred and fifty eight (458) parking stalls.
Since the applicant is proposing to expand the supermarket, where off-site sale of alcohol
is permitted, staff requested reports from both ABC and the Public Safety Center. The
worksheet from the State Department of Alcoholic Beverage Control (ABC) indicates that
the subject market is not located in a census tract that has an undue concentration of
alcohol permits. ABC defines "over-concentration" as greater than one license per 1,620
residents living within the subject census tract.
The subject market is located in Census Tract 4825.03. The population of this census
tract is 4,322. The number of allowable Off-Sale ABC licenses for this census tract is
three (3). Currently, there are four (4) authorized off-sale licenses for this census tract.
The Department of Alcoholic Beverage Control has determined that this location is in a
high crime district. However, the City of Rosemead Public Safety Center found no
unusual situations or concerns at the subject site. Staff feels that this use is consistent
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with no foreseeable negative impacts to the adjacent neighborhood or adjoining
properties.
Conclusion
Staff feels that the proposed use is consistent with the surrounding commercial
properties and land uses in the general area, with no foreseeable negative impacts to
the surrounding properties. Staff has incorporated conditions of approval to minimize
potential negative impacts to the adjacent neighborhood. Therefore, staff recommends
that the Planning Commission approve this project with the attached conditions.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300' property owner public hearing notice, and postings of the notice at the
five (5) public locations and on the subject site.
Prepared by:
Lily Trinh/hnda~(J
Assistant Planner
Submitted by:
Sheri Bermejo
Principal Planner
EXHIBITS:
A.
Resolution 09-08
B.
Conditions of Approval
C.
Site Plan/Floor Plan/Elevations
D.
Assessor Parcel Map (5284-001-030)
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April 6, 2009
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EXHIBIT "A"
PC RESOLUTION 09-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 93-591 (MODIFICATION),
TO EXPAND AN EXISTING MARKET, LOCATED AT 8150 GARVEY
AVENUE, UNIT 121 IN THE C-3 (MEDIUM COMMERCIAL) ZONE.
(APN: 5284-001-030)
WHEREAS, on February 26, 2009, The Square Group, LLC filed an application
to modify Conditional Use Permit 93-591, to expand an existing market located at 8150
Garvey Avenue, Unit 121; and
WHEREAS, 8150 Garvey Avenue is located in the C-3 (Medium Commercial)
zone; and
WHEREAS, Section 17.112.020(9) of the Rosemead Municipal Code (RMC)
allows "off-sale alcohol licenses in the C-1, C-3, CBD and M zones upon the granting of
a Conditional Use Permit (CUP)." Section 17.112.010 sets criteria required for granting
such a permit. These criteria require that the proposed use is deemed:
The establishment, maintenance, and operation of the proposed use so applied
for will not, under the circumstances of the particular case, be detrimental to the health,
safety, peace, morals, comfort or general welfare of persons residing or working in the
neighborhood thereof, not be detrimental or injurious to the property and improvements
in the neighborhood or to the general welfare of the City.
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.112.010 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve or deny conditional use permits; and
WHEREAS, on March 26, 2009, eighty-seven (87) notices were sent to property
owners within a 300-foot radius from the subject property, in addition to notices posted
in five (5) public locations and on-site, specifying the availability of the application, plus
the date, time and location of the public. hearing for Conditional Use Permit 93-591
(Modification); and
WHEREAS, on April 6, 2009, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 93-591 (Modification); and
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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 Conditional
Use Permit 93-591 (Modification) is Categorically Exempt from environmental review as
a Class 9 Exemption pursuant to Section 15309 of the California Environmental Quality
Act (CEQA).
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 93-591 (Modification)
according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as
follows:
A. The Conditional Use Permit applied for is authorized by the provisions of this
title and that the granting of such conditional use permits will not adversely affect the
established character of the surrounding neighborhood or be injurious to the property or
improvements in such vicinity and zone in which the property is located.
FINDING: Staff finds this request to be consistent with land uses in the general
area with no foreseeable negative impacts to the adjacent neighborhood. The proposed
interior expansion includes demolishing the demising wall located between the
supermarket and the produce market that is currently under construction. The
demolition of this wall will add 6,300 square feet of floor area to the existing
supermarket, totaling the floor area of the supermarket to 29,376 square feet. This site
will be operated in accordance with applicable City regulations, and is in conformity with
the development in and around the project site. Regular inspections by the Planning
Division, State ABC and the Sheriffs Department will ensure that the location is
monitored for compliance with conditions of approval and ensuring that the business of
selling alcohol at this site does not become detrimental to the persons residing or
working in the area.
B. The establishment, maintenance or conduct of the use for which the
conditional use permit is sought will not, under the particular case, be detrimental to the
health, safety, morals, comfort, convenience or welfare of persons residing or working in
the neighborhood.
. FINDING: The site is designated in the General Plan as Mixed Use
(Residential/Commercial). The proposed use is located within an established
commercial district of the City. The proposed use is in conformity with the General
Plan, in that the policies of the General Plan encourage complementary uses that will
contribute to the economic well being of the commercial areas of the City. Conditions
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have been added to protect the adjacent residential neighborhoods from being affected
by this commercial establishment. Therefore, the project is not anticipated to be
detrimental to the health, safety, morals, comfort, convenience or welfare of persons
residing or working in the neighborhood.
C. The establishment, maintenance, and operation of the proposed use so
applied for will not, under the circumstances of the particular case will not be detrimental
or injurious to the general welfare of the City.
FINDING: The proposed use will not be detrimental or injurious to the general
welfare of the City as conditions of approval have been incorporated upon the issuance
of this permit. The City of Rosemead Public Safety Center has found no unusual
situation or concern at the subject site. Staff feels that the market expansion will not
create negative impacts to the general welfare of the City.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 93-591 (Modification), to allow the existing market expansion located at 8150
Garvey Avenue, Unit 121, subject to conditions listed in Exhibit "B" attached hereto and
incorporated herein by reference.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on April 6, 2009, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
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 6th day of April, 2009.
Daniel Lopez, Chairman
CERTIFICATION
a,.
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April 6, 2009
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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 6m day of April,
2009 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
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 6m day of April, 2009.
Sheri Bermejo, Secretary
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April 6, 2009
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EXHIBIT "B"
CONDITIONAL USE PERMIT 93-591 (MODIFICATION)
(APN: 5284-001-030)
CONDITIONS OF APPROVAL
April 6, 2009
1. Conditional Use Permit 93-591 (Modification) is approved to expand the
existing market, to be developed in accordance with the architectural plans
marked Exhibit "C", dated March 30, 2009. Any revisions to the approved
plans must be. resubmitted for review and approval by the City of Rosemead
Planning Division.
2. Conditional Use Permit 93-591 is approved for an off-sale general (Type 21)
license in conjunction with a bona fide supermarket from the California State
Alcohol Beverage Control Board. All requirements and appropriate license of
the California State Alcohol Beverage Control Board shall be complied with
and maintained at all times. A copy of the current license shall be provided to
the Planning Division prior to occupancy.
3. Approval of Conditional Use Permit 93-591 (Modification) shall not take effect
for any purpose until the 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. Conditional Use Permit 93-591 (Modification) is approved for a period of six (6)
months from the Planning Commission approval date. The applicant shall
initiate the proposed use, or request an extension within 30-calendar days
before expiration of the initial 6 month approval period. Otherwise, Conditional
Use Permit 93-591 (Modification) shall become null and void.
5. The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved plans where necessary.
6. Conditional Use Permit 93-591 (Modification) 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 this Conditional Use Permit 93-591 (Modification).
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7. 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.
8. All conditions of approval must be complied with to the satisfaction of the
Planning Division, prior to final inspection.
9. The conditions listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
Divisions for review.
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. Prior to occupancy, all requirements and appropriate
licenses of the State of California shall be complied with and maintained at all
times.
11. Construction activities shall be limited to take place between the hours of 7:00
a.m. and 8:00 p.m., Monday through Saturday. No construction shall take
place on Sundays or any legal holidays.
12. The onsite public hearing notice posting shall be removed within 30 days from
the end of the 10-day appeal period of Conditional Use Permit 93-591
(Modification).
13. No portion of the lot, outside of the building, shall be used for storage of any
type. All trash and debris shall be contained within approved trash enclosure.
14. 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. The trash enclosure doors shall be closed at all
times.
15. The applicant shall maintain a minimum clearance of five (5) feet (free of any
debris, storage, furniture, etc.) from any electrical/mechanical equipment
and/or emergency exits.
16. The numbers of the address signs shall be at least six (6) inches tall with a
minimum character width of % inch, contrasting in color and easily visible at
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April 6, 2009
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driver's level from the street. The location, color and size of such sign shall be
subject to the approval of the Planning Division.
17. All open area not covered by concrete, asphalt, or structures shall be
landscaped and maintained on a regular basis.
18. The applicant shall comply with Ordinance No. 567, which requires the posting
of a sign prohibiting consumption of alcoholic beverages adjacent to the
premises within the parking lot and public sidewalks. Said signs are subject to
the approval of the Planning Division.
19. All trash, rubbish and garbage receptacles shall be regularly cleaned, and
inspected and maintained in a clean, safe and sanitary condition. Food and
liquid waste shall be packaged in a manner to prevent leakage.
20. Signs shall comply with the master sign program and Chapter 17.104 of the
Rosemead Municipal Code.
21. The parking area, including handicapped spaces, shall be paved and re-
painted periodically to City standards to the satisfaction of the Planning
Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code,
all designated parking stalls shall be double striped and have wheel stops.
Such striping shall be maintained in a clear, visible, and orderly manner.
22. At least two (2) percent of the required parking shall be designated for
handicap space pursuant to California Vehicle Code Section 22511.8. A letter
by the property owner shall be given to the City authorizing enforcement.
23. All graffiti shall be removed from the site. 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) 569-2345 for
assistance.
24. 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.
25. Any changes to the conditions of operation listed in this Exhibit "B" must first
be approved by the Planning Commission through a modification application.
26. The floor plan shall not be altered or deviated in any form from the approved
floor plan, shown in Exhibit "C" (on file).
27. Applicant shall be compliance with the requirements of and maintain in good
standing a City issued business license.
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April 6, 2009
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28. The hours of operation shall be posted in the front window or door. Hours of
operation shall be limited to 9:00 a.m. to 10:30 .p.m., daily.
29. No new doors shall be installed on the west side of the building, adjacent to
Pine Street.
30. All new 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. The City
Planner shall approve said screening prior to installation.
31. All holiday lighting shall be removed from the parking lot area.
32. All landscaped areas on the subject site shall be maintained with adequate
landscaping on a regular basis, including the removal of trash and litter, the
replanting of dead or missing shrubs and plants, as well as periodic pruning of
dead limbs and branches as necessary.
33. The painted wall sign on the northwest corner of Building A and the southeast
corner of Building B shall be removed.
34. All roof top appurtenances and equipment shall adequately be screened from
view to the satisfaction of the Planning Division.
35. Violation of the conditions of approval may result in citation and/or the initiation
of revocation proceedings.
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EXHIBIT "D"
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