CC - 1985-01 - Denying Conditional Use Permit to 3366 San GabrielF)
RESOLUTION NO. 85-1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD UPHOLDING THE DECISION
OF THE PLANNING COMMISSION AND DENYING A
CONDITIONAL USE PERMIT TO ALLOW THE SALE
OF BEER AND WINE AT A PROPOSED AM/PM MINI
MART (3366 SAN GABRIEL BOULEVARD)
THE CITY COUNCIL OF THE CITY OF ROSEMEAD RESOLVES AS
FOLLOWS:
Section 1. The City Council of the City of Rosemead
finds, determines and declares:
(a) That Atlantic Richfield Company filed an
application for a conditional use permit to permit the
sale of beer and wine at an AM/PM Mini Mart proposed to
be constructed in conjunction with an existing service
station located at 3366 San Gabriel Boulevard; and
(b) That the application was processed by the
Planning Department in accordance with its standard
procedures; and
(c) That the Planning Commission held a duly
noticed public hearing on the application on October 1,
1984; and
(d) That at the conclusion of its public hearing,
the Planning Commission determined, by a unanimous vote,
to deny the application and directed the preparation of
a resolution for presentation at its next meeting; and
(e) That on October 15, 1984, the Rosemead
Planning Commission adopted its Resolution No. 84-53,
denying the conditional use permit requested by Atlantic
Richfield Company; and
(f) That, in timely fashion, Atlantic Richfield
Company appealed the Planning Commission's decision to
the City Council; and
(g) That on November 27, 1984, the City Council
opened the public hearing on the application and
continued the same to December 11, 1984 at the request
of the applicant; and
(h) That on December
conducted a public hearing
Atlantic Richfield Company;
11, 1984, the City Council
on the application of
and
(i) That at the conclusion of the public hearing,
the City Council unanimously determined to deny the
conditional use permit and uphold the decision of the
Planning Commission and directed the preparation of this
Resolution.
Section 2. The City Council further finds that the
facts do not exist, as required by Section 9180 of the
Rosemead Zoning Code, that would justify the issuance of the
conditional use permit.
Section 3. The City Council further finds:
(a) That the undue concentration of existing off-
site alcoholic beverage permits within the immediate
area exceeds the population needs and limits of the
area; and
(b) That the applicable Department of Alcoholic
Beverage Control criteria indicate that the immediate
area surrounding the applicant's site is already over-
licensed; and
(c) That the addition or exchange of licenses for
the sale of alcoholic beverages will not contribute to
the reduction of the number of area licenses so that the
number of outstanding licenses conforms to the maximum
suggested by the Department of Alcoholic Beverage
Control; and
(d) That similar convenience-store uses, with
related alcoholic beverage sales, have caused
considerable law enforcement problems in neighboring
communities.
Section 4. Atlantic Richfield Company's application
for a conditional use permit for the sale of beer and wine at
an AM/PM Mini Mart, to be located at 3366 San Gabriel
Boulevard is hereby denied.
Section 5. The City Clerk shall certify to the
adoption of this Resolution and shall transmit a copy hereof
to the applicant.
PASSED, APPROVED and ADOPTED this 8th day of January
1985.
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ATTEST: MAYOR
CITY CLPRK
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