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CC- 1989-45 - Approving Conditional Use permit 89-460 for 7540 E. GarveyRESOLUTION NO. 89-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 89-460 FOR THE ON-SITE SALE OF BEER AND WINE FOR PROPERTY LOCATED AT 7540 E. GARVEY AVENUE THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council finds, determines and declares as follows: A. An application authorizing the sale of beer and wine in conjunction with a restaurant in the C-3 zone at 7540 E. Garvey Avenue was filed by Seafood City Partnership; and B. The Planning Commission conducted a duly noticed public hearing on said application on May 14, 1989; and C. The Planning Commission approved the application, by a majority vote, by the adoption of its Resolution No. 89-42; and D. Leroy and Cleo Young filed a timely appeal to the decision of the Planning Commission; and E. The City Council conducted a duly noticed public hearing on said application on July 11, 1989. Section 2. Concerning the merits of the application, the City Council finds: A. That the requested conditional use permit for on-site sale of beer and wine will not adversely affect the purpose and intent of the this Chapter or the City's General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof; B. That the requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; C. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area; E. That the project is desirable based upon public convenience and necessity; and F. That adequate conditions have been placed upon the project to ensure the use is operated in conformance with the Rosemead Municipal Code. Section 3. Based upon the foregoing findings, the City Council hereby approves the application for Conditional Use Permit 89-460 subject to the conditions attached hereto, marked Exhibit "A" and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and shall transmit a copy thereof to the applicant and appellant. PASSED, APPROVED AND ADOPTED this 8th day of August, 1989. ATTEST: MAYOR V)IX7- CLERK • EXHIBIT A CONDITIONAL USE PERMIT 89-460 7540 E. GARVEY AVENUE SEAFOOD CITY RESTAURANT CONDITIONS OF APPROVAL JULY 28, 1989 1. That the applicant shall apply for City Business License, Occupancy Permit, and applicable license with the Department of Alcoholic Beverage Control. 2. The property shall be maintained free of litter and debris in accordance with Sections 5401-5414 of the Rosemead Municipal Code. 3. That the property shall comply with Section 9900-9906 of the Rosemead Municipal Code in regard to signs and outdoor advertising. 4. That the property shall comply with Ordinance No. 567 relating to the posting of licensed premises prohibiting the consumption of alcoholic beverages in parking lots and public sidewalks immediately adjacent to the licensed premises. 5. This conditional use permit shall be approved for a period of six months following issuance of occupancy permit. At the end of the six months the applicant shall apply for extension of the conditional use permit. 6. Beer and wine shall not be served later than 12 o'clock midnight. No sale of beer and wine shall take place before the hour of 5:00 p.m. on school days. The sale of packaged alcoholic beverages is prohibited. 7. No live entertainment or dance permits shall be issued for the premise. 8. No pool tables or coin operated games shall be permitted on the premise. 9. No lounge or bar area shall be permitted in the restaurant. 10. A security guard shall be provided for the parking lot during restaurant operating hours. 11. Beer and wine shall be served with food only. 12. The restaurant shall not be permitted to expand into the adjacent stores. 13. That the existing block wall constructed on the site be raised to six feet in height from grade as measured from adjacent property line within 90 days. The wall shall be finished on both sides. 14. That the seating area of the restaurant shall not exceed a maximum of 168 seats. 15. The applicant shall sign a notarized affidavit of agreement to the above conditions and return it to the Planning Department within ten days of approval of this permit. SCUP460:7 P~ _3 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ROSEMEAD ) I, Janice Warner, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Rosemead at a regular meeting thereof held on the 8th' day of Ap2usc 1989 , by the following vote: YES: DeCocker, Taylor, McDonald, Imperial NO: Bruesch ABSENT: None ABSTAIN: None C FY CLERK E-41 (2)