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PC - Item 3A - Design Review (DR) 14-02, Conditional Use Permit (CUP)14-01, and Public Convenience or Necessity (PCN) 14-02 (Continued) 9701 Valley Boulevard 1 S E M F ° ROSEMEAD PLANNING COMMISSION CI STAFF REPORT i CIVIC PRIDE ,hCORPORATED nii?7 TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: DECEMBER 7, 2015 SUBJECT: DESIGN REVIEW (DR) 14-02, CONDITIONAL USE PERMIT (CUP)14- 01, AND PUBLIC CONVENIENCE OR NECESSITY (PCN) 14-02 (CONTINUED) 9701 VALLEY BOULEVARD Summary On July 20, 2015, the Planning Commission conducted a duly noticed public hearing for Design Review 14-02 and Conditional Use Permit 14-01 to allow the development of a one-story 2,400 square foot 7-Eleven convenience market with an Off-Sale Beer and Wine (Type 20) Alcoholic Beverage Control (ABC) license. The store proposes a 24- hour operation with no alcohol sales after 11:00 p.m. Since the project site is located within a census tract with undue concentration of alcohol licenses and within a high crime reporting district, the application also included a request for a determination that the alcohol license will serve the Public Convenience or Necessity (PCN 14-02) as required by State ABC. At that hearing, the Planning Commission reviewed the proposed project and received testimony from members of the. public. In response to public testimony, the Planning Commission decided to continue the item to the meeting of September 21, 2015, so that the community had more opportunity to give input. The Commission further encouraged 7-Eleven to do neighborhood outreach and bring back crime statistics for the two existing 7-Eleven stores (7-Eleven at 4800 Temple City Blvd. in Temple City and 7-Eleven at 10008 Valley Blvd. in El Monte). The Planning Commission Staff Report and Meeting Minutes are attached as Exhibits "B" and "C", respectively. On September 9, 2015, the Planning Division received a petition to oppose the Off-Sale Beer and Wine (Type 20) ABC license from residents of the City. The petition totals 110 signatures, which has been attached as Exhibit "D". On September 21, 2015, the Planning Commission reviewed a letter from Thrifty Oil Co. requesting that the Planning Commission continue the public hearing to the regular meeting of October 19, 2015. The letter stated that more time was needed for public outreach. At that meeting, the Planning Commission unanimously approved to continue the public hearing to the regular meeting of October 19, 2015. The Planning Commission Memorandum and Meeting Minutes are attached as Exhibits "E and F," respectively. Planning Commission Meeting December 7,2015 Page2of32 On September 23, 2015, Planning Commissioner Eng requested information regarding two (2) existing 7-Eleven stores in the City of Rosemead. On November 10, 2015, a memorandum was distributed to the Planning Commission on the requested information (attached as Exhibit "G"). On October 19, 2015, the Planning Commission reviewed a second letter from Thrifty Oil Co. requesting that the Planning Commission continue the public hearing to the regular meeting of December 7, 2015. The letter states that although 7-Eleven and Thrifty Oil Co. have made good progress on their outreach efforts, they only recently have been able to obtain foreign language speakers to assist with the translation of the Chinese language. At that meeting, the Planning Commission unanimously approved to continue the public hearing to the regular meeting of December 7, 2015. The Planning Commission Memorandum and Meeting Minutes are attached as Exhibits "H and I," respectively. On December 2, 2015, staff received an email from a representative of 7-Eleven and Thrifty Oil Co., which provided information,pertaining to the public outreach that was completed for this project (Exhibit "J"). As indicated in the email, they have hosted an open community meeting in September and have'logged over 200 hours of door-to-door outreach.within a one-mile radius of the store.I They have also collected over 400 petition signatures from local residents supporting 7-Eleven's proposed operation. In addition, they have received support letters from six (6) local businesses surrounding the subject site. On December 2, 2015, Thrifty Oil Co. also provided staff with the crime statistics for the 7-Eleven store at 10008 Valley Blvd. in the City of El Monte (attached as Exhibit "K"). Environmental Determination Section 15332(b) of the California Environmental Quality Act (CEQA) guidelines exempt projects where the proposed development occurs within city limits on a project site of no more than five (5) acres substantially surrounded by urban areas. Accordingly, DR 14- 02 is classified as a Class 32 Categorical Exemption pursuant to Section 15332(b) of CEQA. Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempt projects that consist of the inspections to check for the performance of an operation, or quality, health, or safety of a project. Accordingly, CUP 14-01 and PCN 14-02 are classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA. Staff Recommendation It is recommended that the Planning Commission ADOPT Resolution No. 15-10 (Exhibit "A") and APPROVE DR 14-02, CUP 14-01 and PCN 14-02 with findings, subject to the 54 conditions of approval outlined in Attachment 1'A" attached hereto. • Planning Commission Meeting December 7,2015 Page 3 of 32 Municipal Code Findings Design Review 14-02 Section 17.28.020.A of the Rosemead Municipal Code (RMC) states that design review procedures shall be followed for all improvements requiring a building permit or visible changes in form, texture, color, exterior façade, or landscaping when the property is located in the D-O zone. Section 17.28.020.0 provides the criteria by which the Planning Commission may approve, approve with conditions, or deny an application: A. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood; The proposed building and site renovation is located within an established commercial district of the City. The applicant has provided an aesthetically complementary design and the proposed improvements will vastly improve the existing site and its relationship to the commercial district. The proposed project is consistent with the Goal 2, Policy 2.7 of the Land Use Element of the City's General Plan in that it calls for the upgrading of commercial uses by implementing architectural and design reviews of proposals for new buildings. B. The plan for the proposed building and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations and other factors which may have an adverse effect on the environment, and the manner of screening mechanical equipment, trash, storage and loading areas; All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Conditions of approval have been incorporated to eliminate any adverse effects on the environment as a result of the proposed project. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance. Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property. C. The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing buildings or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value; The proposed project will improve the physical appearance of the overall site. The improvements to the site in terms of new landscaping and pavement treatments in the parking lot will provide a marked improvement over the appearance of other Planning Commission Meeting December 7,2015 Page 4 of 32 buildings at the intersection of Valley and Temple City Boulevards. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Planlas being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included . within any precise plan which indicates building shape, size or style; The property is not part of the Civic Center Plan, precise plan, or land reserved for public or educational use, so there is no special need to create harmony with the general area. Notwithstanding this, the approved design will create a development that is aesthetically complementary to the surrounding area and which has the potential to enhance land values in the general area. This is due to the proposed new commercial building with higher quality materials, a modern design that blends better with the area, and greatly improved landscaping. E. The proposed development is in conformity with the standards of this Code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved; and The proposed development meets all of the minimum code requirements for the C- 3D-MUDO (Medium Commercial with Design' Overlay and Residential/Commercial Mixed-Use Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal Code. • F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaires and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development when viewed from the public streets. Access to the site will be via existing driveways on Valley Boulevard and Temple City Boulevard. The existing driveway along Valley Boulevard is 28'- 4" wide and the existing driveway along Temple City Boulevard is 28'-5" wide. To improve safety conditions at these existing driveways, the City Engineer has added Condition of Approval No. 42 to require that proper signage be installed to prohibit left turns from both project driveways. The parking lot is conveniently located to the south of the commercial building. All parking lot lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Lastly, this new building will greatly improve the visual effect of the site from the view of the public streets, primarily Valley Boulevard. Conditional Use Permit 14-01 . Section 17.132.040 of the Rosemead Municipal!Code (RMC) states that a Conditional Use Permit may be issued only after a public hearing before the Planning Commission. Furthermore, all of the following findings shall be made by the Planning Commission in conjunction with the approval of a Conditional Use Permit: Planning Commission Meeting December 7,2015 Page 5 of 32 A. Approval of the application will not be or incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare; Incidental off-site sales of beer and wine is proposed for a new 7-Eleven convenience market at 9701 Valley Boulevard. The existing site has been unoccupied since 1999 and property maintenance is in poor condition. By developing a new convenience market, it is anticipated that 7-Eleven will dramatically improve the appearance of the intersection and enhance the services offered to the immediate neighborhood in which it will be located. By adding convenience oriented food store with a large selection of products, patrons will be able to complete most of their quick shopping needs without traveling to other areas of the community. All applicable City departments and agencies have been afforded an opportunity to review the project and recommend various conditions of approval as set forth in the Conditions of Approval outlined in Attachment "A" of this report. Conditions have been applied relating to the proposed use, so as to eliminate any negative impacts to the general health, safety, •comfort, or general welfare of the surrounding commercial development and the City. According to the Chief of Police the subject site has had no law enforcement responses since 1997. Although the store is located within a high crime area and near a major freeway (Interstate 10), the Chief of Police has indicated that he is in support of this request upon approval of the public safety conditions which include, but are not limited to, the installation of a recordable video surveillance system. Beer and wine will be stored at the rear of the store in coolers and•on shelves that are not visible from the exterior. There will be no sales of single can or bottle alcohol. There will be no visible exterior advertising or signage that would signify that beer and wine is sold within the store. There will be no on-site consumption, loitering, littering, sales to minors or other activities allowed that might be associated with establishments that offer on-site consumption of alcoholic beverages. The site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. Regular site inspections by the Public Safety, State ABC and the Sheriff's Department will be conducted to ensure that the location is monitored for compliance with applicable local, State, Federal laws and shall not be detrimental to the surrounding communities. In addition, conditions of approval have been added to protect the residential neighborhoods near the project's vicinity from being affected by this commercial establishment. Therefore, the incidental off-site sales of beer and wine would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or • working in the neighborhood. B. The use is consistent with the General Plan; . The proposed use is located within an established commercial district of the City, and is designated Mixed-Use Residential-Commercial in the General Plan. The Planning Commission Meeting December 7,2015 Page 6 of 32 subject property has been unoccupied since 1999. By developing a new convenience market, it is anticipated that 7-Eleven will dramatically improve the appearance of the intersection and enhance the services offered to the immediate neighborhood in which it will be located. Goal 2 of the Land Use Element is to expand opportunities for concentrated commercial and industrial uses that contribute jobs and tax revenues to the community. C. The use is consistent with the provisions of this Zoning Code; The proposed Conditional Use Permit is for the off-sale of beer and wine at a new 2,400 square foot 7-Eleven store on an existing 12,380 square foot site. The proposed use has been analyzed and staff has determined that the proposed use meets all the applicable sections of the Rosemead Municipal Code and will complement the existing uses, based on the submitted plans and Conditions of Approval outlined in Attachment "A." D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act; Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempt 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 14-01 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA. E. If development is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district; and The applicant is applying for a Conditional Use Permit for the off-sale of beer and wine at a new 7-Eleven store and upon approval as conditioned, will comply with such conditions as set forth in the Conditional Use Permit. A "convenience store" land use is permitted by right in the C-3 zone. In addition to the Conditional Use Permit request, the applicant is seeking the approval of a Design Review for the construction of a new 2,400 square foot retail building. The applicant has provided an aesthetically complementary design and the proposed improvements will vastly improve the existing site and its relationship to the commercial district. F. In addition to the findings for the approval of a Conditional Use Permit, Section 17.30.040.E.2 of the Rosemead Municipal Code further states that prior to approval of a new permit for an alcohol sales establishment, the Planning Commission shall find that the use is consistent with the purpose and intent of Section 17.30.040 (Alcohol Beverage Sales). This finding shall be in addition to the findings required by Chapter 17.132 (Conditional Use Permits). In making this required finding, the Planning Commission shall consider the following: I a. The crime rate in the reporting district and adjacent reporting districts as • Planning Commission Meeting December 7,2015 Page 7 of 32 compared to other areas in the City; b. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts; and c. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. As noted in the staff report, State ABC reports that the project site is located in a crime reporting district in which the number of reported crimes is 20% greater than the average number of reported crimes in all the crime reporting districts within the City of Rosemead. The average number of offenses per reporting district in the City is 268.1. A total of 321.7 offenses have been reported in the subject district, which is exactly 20% higher than the average. The City's Chief of Police has reviewed these statistics and indicated that there have not been any law enforcement responses to the sight since 1997. Although the store is located within a high crime area and near a major freeway (Interstate 10), the Chief of Police has indicated his support of this request upon approval of the public safety conditions outline in Attachment "A." The site is surrounded by properties that are zoned C-3 (Medium Commercial) with a MUDO (Residential/Commercial Mixed Use) overlay. The closest single use residential zoning district is located 230 feet south of the project site and is . separated by a major thoroughfare, Valley Boulevard. Furthermore, there are no schools, parks, or places of religious worship within 1,000 feet of the project site. Although the reporting district is in a potentially high crime district, the 7-Eleven store will be significantly different from typical liquor stores, which usually offer a wide range of alcoholic beverages, both in terms of price and type. The addition of beer and wine comprises a very small percent (1.54%) of the sales floor area 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. Public Convenience or Necessity Findings (PCN 14-02) City Council Resolution No. 2010-34 outlines criteria for reviewing the public convenience or necessity of issuing alcohol licenses in areas with an undue concentration of licenses and/or crime. For purposes of determining whether public convenience or necessity will be served by issuance of an on-sale retail liquor license or off-sale retail liquor license, the following criteria may be considered: 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; Planning Commission Meeting December 7,2015 Page 8 of 32 7-Eleven is a national chain of convenience! stores, selling general merchandise including fresh foods, cold drinks, and hot beverages. Beer and wine will account for approximately 12-15 percent of the total sales of the store. By including beer and wine with general merchandise, 7-Eleven can better serve the surrounding community by providing customers with the convenience of one-stop shopping. The number of allowable off-sale ABC licenses for this census tract is two (2). Currently, there are two (2) authorized off-sale licenses for this census tract (Lees Market, located at 9726 Valley Boulevard, and Key's Liquor, located at 9442 Valley Boulevard). In order to compensate for the approval of an additional license in the subject census tract, Condition of Approval No. 38 requires that 7-Eleven purchase an existing Type 20 license from the subject census tract or from an adjacent census tract so that there is no net increase in "Type 20" licenses in the City of Rosemead. 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 would operate the site as a modern neighborhood market and convenience store. The store would provide a wide selection of food and novelty items ranging from milk to household items, prepared and fresh foods, along with soft drinks, gourmet coffee, and other non-alcoholic beverages. The application indicates that the franchise has progressed toward becoming a neighborhood store that serves the complete needs of the community; The proposed 7-Eleven is located near several businesses that have large employee bases, such as the Bimbo Bakery Outlet (4030 Temple City Boulevard) and the Hermetic Seal Corporation (4032 Temple City Boulevard) to the north of the project site and within walking distance. A new office building was also recently approved across the street from the proposed store (9654 Valley Boulevard). By adding a convenience oriented food store with a large;selection of products, business people in the area and employees 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 the new store to complete their purchases. Therefore, the proposed off-sale of beer and wine will serve a segment of the City that is not presently being served. 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 schools, parks, or churches located within 1,000 feet of the site. The project site is surrounded by properties that are zoned C-3 (Medium Commercial) with a MUDO (Residential/Commercial Mixed Use) overlay. 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 Planning Commission Meeting December 7,2015 Page 9 of 32 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; According to State ABC, the average number of offenses per reporting district in the City is 268.1. A total of 321.7 offenses have been reported in the subject district, which is exactly 20% higher than the average. The City's Chief of Police has reviewed these statistics and indicated that there have •not been any law enforcement responses to the sight since 1997. Although the store is located within a high crime area and near a major freeway (Interstate 10), the Chief of Police has indicated his support of this request upon approval of the public safety conditions outline in Attachment "A." Although the reporting district is in a potentially high crime district, the 7-Eleven store will be significantly different from typical liquor stores, which usually offer a wide range of alcoholic beverages, both in terms of price and type. The addition of beer and wine comprises a very small percent (1.55%) of the sales floor area 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 (3) or more "reported crimes" within the previous one year period; The site has been unoccupied since 1999. According to the Chief of Police, there have not been any law enforcement responses to the site since 1997. 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 would operate the site as a modern neighborhood market and convenience store. The store would provide a wide selection of food and sundry items ranging from milk to household items, prepared and fresh foods, along with soft drinks, gourmet coffee and other non-alcoholic beverages. By. adding a convenience oriented food store with a large selection of products, including incidental beer and wine sales, patrons will be able to complete most of their quick shopping needs without traveling to other areas of the community. Planning Commission Meeting December 7,2015 Page 10 of 32 The beer and wine is stored at the rear of the store in coolers and on shelves that are not visible from the exterior. The applicant will have extensive security measures, employee training, strict policies for sales, age limit monitoring, facility monitoring, and security cameras that help protect the property and improvements in the neighborhood and the general welfare of the City from detrimental or injurious effects to the health, safety and welfare of the community as the result of incidental off-site sales of beer and wine at the store. The existing site has been unoccupied since 1999 and property maintenance is in poor condition. By developing a new convenience market, it is anticipated that 7- Eleven will dramatically improve the appearance of the intersection and enhance the services offered to the immediate neighborhood in which it will be located. 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 is a national chain of convenience stores, selling general merchandise including fresh foods, cold drinks, and hot beverages. Beer and wine will account for approximately 12-15 percent of the total sales of the store. By including beer and wine with general merchandise, 7-Eleven I 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 outlet for beer and wine ifor those who are already shopping at the store for other goods such as sundry items, household items, fresh and prepared food, milk, soft drinks, and other nonalcoholic beverages. The store will not contain any type of use which may typically be associated with adverse effects upon the economic health of a neighborhood, such as a liquor store, stand-alone bar or nightclub. The sales of beer and wine will be significantly different from typical liquor stores, which usually offer a wide range of alcoholic beverages, both in terms of price and type. The addition of beer and wine that comprises 1.55% of the total floor area of the existing store (approximately 22 square feet) 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. Rosemead Municipal Code Chapter 17.16 permits the requested use subject to a Conditional Use Permit within the zones corresponding to the land use designation within the General Plan. The Site is zoned C-3D-MUDO (Medium Commercial with a Design Overlay and a_ Commercial/Residential Mixed-Use Overlay). The General Plan designates the site Mixed Use Residential/Commercial, which allows for a wide range of neighborhood serving commercial uses in addition Planning Commission Meeting December 7,2015 Page 11 of 32 to mixed-use development. The site is located in a significant commercial corridor. The immediate surrounding area is characterized by a variety of commercial business, including a Bimbo Bakery Outlet (4030 Temple City Boulevard) and the Hermetic Seal Corporation (4032 Temple City Boulevard) to the north of the project site, and residential development. The proposed convenience market is a permitted use in the C-3 zone. Therefore, the use is in harmony with the General Plan and not detrimental to the character of development in the immediate neighborhood. The limited sale of beer and wine will meet the community goal objective to preserve and strengthen viable commercial development and provide additional opportunities for new commercial development and services. Beer and wine will comprise less than 2% of the total sales floor area and comprise less than 16% of the total sales of the store. The store will not contain any type of use which may typically be associated with adverse effects upon the economic health of a neighborhood, such as a liquor store, stand-alone bar or nightclub. 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 offering beer and wine at this store fulfills the commitment of the applicant to save 7-Eleven customers time and money with the convenience of one- stop shopping. According to information provided by the applicant, the 7-Eleven franchise has progressed toward becoming a neighborhood store that serves the complete needs of the community. The proposed 7-Eleven is located near several businesses that have large employee bases, such as the Bimbo Bakery Outlet (4030 Temple City Boulevard) and the Hermetic Seal Corporation (4032 Temple City Boulevard). Both of these businesses are located to the north of the project site. Furthermore, a new office building was recently approved across the street from the proposed store (9654 Valley Boulevard). By adding a convenience oriented food store with a large selection of ' products, business people in the area and employees 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 the new store to complete their purchases. Therefore, the proposed off-sale of beer and wine will serve a segment of the City that is not presently being served. The applicant 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 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. Additionally, beer and wine will be positioned on the opposite end of the store from where the entrance is located. This will force customers to walk the • i Planning Commission Meeting December 7,2015 Page 12 of 32 . length of the store serving as an additional deterrent. Beer and wine 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. In addition to 7-Eleven store policies and procedures, Condition of Approval No. 31 will require all owners, operators, and managers of the establishment to complete the State ABC Licensee Education on Alcohol and Drugs (LEAD) program in accordance with the business operation requirements in the City's Municipal Code. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepare• by: Submitted by: lf , , Lily T. Valenzuela Michelle Ramirez City Planner Community Development Director EXHIBITS: A. Planning Commission Resolution No. 15-10 with Attachment"A"(Conditions of Approval) B. Planning Commission Staff Report, dated July 20, 2015 C. Planning Commission Meeting Minutes, dated July 20,2015 D. Opposition Petition, dated September 9, 2015 E. Planning Commission Memorandum, dated September121,2015 F. Planning Commission Meeting Minutes, dated September 21, 2015 G. Memorandum to Planning Commission H. Planning Commission Memorandum, dated October 19,2015 I. Planning Commission Meeting Minutes, dated October 19,2015 J. Public Outreach Email, dated December 2, 2015 K. Crime Statistics Email, dated December 2,2015 Planning Commission Meeting December 7,2015 Page 13of32 EXHIBIT "A" PC RESOLUTION 15-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 14-02 FOR THE CONSTRUCTION OF A 2,400 SQUARE FOOT 7-ELEVEN CONVENIENCE STORE, AND APPROVING CONDITIONAL USE PERMIT 14-01 AND PUBLIC CONVENIENCE OR NECESSITY 14-02 FOR A NEW OFF-SALE BEER AND WINE (TYPE 20) ABC LICENSE, LOCATED AT 9701 EAST VALLEY BOULEVARD IN THE C-3D-MUDO (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY AND COMMERCIAL/RESIDENTIAL MIXED-USE OVERLAY) ZONE (APN: 8577-009-026). WHEREAS, on January 30, 2014, ASI Development submitted a Design Review application (DR 14-02) and a Conditional Use Permit application (CUP 14-01) for the construction of a one-story, 2,400 square foot, 7-Eleven convenience market with an off-sale beer and wine (Type 20) Alcoholic Beverage Control (ABC) license located at 9701 East Valley Boulevard in the C-3D-MUDO (Medium Commercial with a Design Overlay and Commercial/Residential Mixed Use Overlay) zone; and WHEREAS, on. June 30, 2014, ASI Development filed a Public Convenience or Necessity determination application requesting that the City determine that the Type 20 ABC license for the proposed convenience store would serve the public convenience or necessity; and WHEREAS, Section 17.28.020.A of the Rosemead Municipal Code states that design review procedures shall be followed for all improvements requiring a building permit or visible changes in form, texture, color, exterior façade, or landscaping when the property is located in the D-O zone; and WHEREAS, Section 17.28.020.0 of the Rosemead Municipal Code provides the criteria by which the Planning Commission may approve, approve with conditions, or deny an application for a Design Review; and WHEREAS, Section 17.30.040.E.2 of the Rosemead Municipal Code allows the approval of off-sale alcohol licenses upon the granting of a Conditional Use Permit by the Planning Commission and sets criteria required for granting such a permit; and WHEREAS, Sections 65800 & 65900 of the California Government Code and RMC Section Sections 17.28.020(C) and 17.132.040 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or disapprove design review or conditional use permit applications; and Planning Commission Meeting December 7,2015 Page 14of32 • WHEREAS, City Council Resolution No. 2010-34 establishes 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, and WHEREAS, City Council Resolution No. 2610-34 specifies the criteria by which a finding of public convenience or necessity may be granted; and WHEREAS, on July 9, 2015, 17 notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in six public locations and onsite, (specifying the availability of the application, plus the date, time, and location of the public hearing for DR 14-02, CUP 14-01, and PCN 14-02), and on July 9, 2015, the notice was published in the Rosemead Reader; and WHEREAS, on July 20, 2015, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to DR 14-02, CUP 14-01, and PCN 14-02; and WHEREAS, on July 20, 2015, the Planning Commission continued the public hearing to September 21, 2015; and WHEREAS, on September 21, 2015, the Planning Commission continued the public hearing to October 19, 2015; and WHEREAS, on September 21, 2015, the Planning Commission continued the public hearing to October 19, 2015; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make thet 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 DR 14-02 is Categorically Exempt under Section 15332(b) Hof the California Environmental Quality Act (CEQA) guidelines and CUP 14-01 and PCN 14-02 are exempt under Section 15309. Section 15332(b) of the California Environmental Quality Act (CEQA) guidelines exempt projects where the proposed development occurs within city limits on a project site of no more than five (5) acres substantially surrounded by urban areas. Accordingly, DR 14-02 is classified as a Class 32 Categorical Exemption pursuant to Section 15332(b) of CEQA. Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempt projects that consist of the inspections to check for the performance of an operation, or quality, health; or safety of a project. Accordingly, CUP 14-01 and PCN 14-02 are classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA. Planning Commission Meeting December 7,2015 Page 15 of 32 SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving DR 14-02, in accordance with Section 17.28.020.0 of the Rosemead Municipal Code. A. The plans indicate proper consideration for the relationship between the proposed building and site developments that exist or have been approved for the general neighborhood; The proposed building and site renovation is located within an established commercial district of the City. The, applicant has provided an aesthetically complementary design and the proposed improvements will vastly improve the existing site and its relationship to the commercial district. The proposed project is consistent with the Goal 2, Policy 2.7 of the Land Use Element of the City's General Plan in that it calls for the upgrading of commercial uses by implementing architectural and design reviews of proposals for new buildings. B. The plan for the proposed building and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations and other factors which may have an adverse effect on the environment, and the manner of screening mechanical equipment, trash, storage and loading areas; All new lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Conditions of approval have been incorporated to eliminate any adverse effects on the environment as a result of the proposed project. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance. Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property. • C. The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing buildings or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value; The proposed project will improve the physical appearance of the overall site. The improvements to the site in terms of new landscaping and pavement treatments in the parking lot will provide a marked improvement over the appearance of other buildings at the intersection of Valley and Temple City Boulevards. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size or style; Planning Commission Meeting December 7,2015 Page 16 of 32 The property is not part of the Civic Center Plan, precise plan, or land reserved for public or educational use, so there is no special need to create harmony with the general area. Notwithstanding this, the approved design will create a development that is aesthetically complementary to the surrounding area and which has the potential to enhance land values in the general area. This is due to the proposed new commercial building with higher quality materials, a modern design that blends better with the area, and greatly improved landscaping. i E. The proposed development is in conformity with the standards of this Code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved; and The proposed development meets all of the minimum code requirements for the C- 3D-MUDO (Medium Commercial with Design Overlay and Residential/Commercial Mixed-Use Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal Code. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaires and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development when viewed from the public streets. Access to the site will be via existing driveways on Valley Boulevard and Temple City Boulevard. The existing driveway along' Valley Boulevard is 28'- 4" wide and the existing driveway along Temple City Boulevard is 28'-5" wide. To improve safety conditions at these existing driveways, the City Engineer has added Condition of Approval No. 42 to require that proper signage be installed to prohibit left turns from both project driveways. The parking lot is conveniently located to the south of the commercial building. All parking lot lighting will be fully shielded and directed downwards to mitigate glare on adjacent properties. Lastly, this new building will greatly improve the visual effect of the site from the view of the public streets, primarily Valley Boulevard. SECTION 3. The Planning Commission -IEREBY FINDS AND DETERMINES that facts do exist to justify approving CUP 114-01 in accordance with Sections 17.132.040 and Section 17.30.040.E.2 of the Rosemead Municipal Code as follows: A. Approval of the application will not be or incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare; Incidental off-site sales of beer and wine is proposed for a new 7-Eleven convenience. market at 9701 Valley Boulevard. The existing site has been unoccupied since 1999 and property maintenance is in poor condition. By . developing a new convenience market, ,it is anticipated that 7-Eleven will Planning Commission Meeting December 7,2015 Page 17 of 32 dramatically improve the appearance of the intersection and enhance the services , offered to the immediate neighborhood in which it will be located. By adding convenience oriented food store with a large selection of products, patrons will be able to complete most of their quick shopping needs without traveling to other areas of the community. All applicable City departments and agencies have been afforded an opportunity to review the project and recommend various conditions of approval as set forth in the Conditions of Approval outlined in Attachment "A" of this report. Conditions have been applied relating to the proposed use, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding commercial development and the City. According to the Chief of Police the subject site has had no law enforcement responses since 1997. Although the store is located within a high crime area and near a major freeway (Interstate 10), the Chief of Police has indicated that he is in support of this request upon approval of the public safety conditions which include, but are not limited to, the installation of a recordable video surveillance system. Beer and wine will be stored at the rear of the store in coolers and on shelves that are not visible from the exterior. There will be no sales of single can. or bottle alcohol. There will be no visible exterior advertising or signage that would signify that beer and wine is sold within the store. There will be no on-site consumption, loitering, littering, sales to minors or other activities allowed that might be associated with establishments that offer on-site consumption of alcoholic beverages. The site will be operated in accordance with applicable City regulations, and is in conformity. with the development in and around the project site. Regular site inspections by the Public Safety, State ABC and the Sheriff's Department will be conducted to ensure that the location is monitored for compliance with applicable local, State, Federal laws and shall not be detrimental to the surrounding communities. In addition, conditions of approval have been added to protect the residential neighborhoods near the project's vicinity from being affected by this commercial establishment. Therefore, the incidental off-site sales of beer and wine would not be detrimental,to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood. B. The use is consistent with the General Plan; The proposed use is located within an established commercial district of the City, and is designated Mixed-Use Residential-Commercial in the General Plan. The subject property has been unoccupied since 1999. By developing a new convenience market, it is anticipated that 7-Eleven will dramatically improve the appearance of the intersection and enhance the services offered to the immediate • neighborhood in which it will be located. Goal 2 of the Land Use Element is to expand opportunities for concentrated commercial and industrial uses that contribute jobs and tax revenues to the community. Planning Commission Meeting December 7,2015 Page 18 of 32 C. The use is consistent with the provisions of this Zoning Code; The proposed Conditional Use Permit is for the off-sale of beer and wine at a new 2,400 square foot 7-Eleven store on an existing 12,380 square foot site. The proposed use has been analyzed and staff has determined that the proposed use meets all the applicable sections of the Rosemead Municipal Code and will complement the existing uses, based on the submitted plans and Conditions of Approval outlined in Attachment "A." • D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act; Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempt 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 14-01 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA. E. If development is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district; and The applicant is applying for a Conditional Use Permit for the off-sale of beer and wine at a new 7-Eleven store and upon approval as conditioned, will comply with such conditions as set forth in the Conditional Use Permit. A "convenience store" land use is permitted by right in the C-3 zone. In addition to the Conditional Use Permit request, the applicant is seeking the approval of a Design Review for the construction of a new 2,400 square foot retail building. The applicant has provided an aesthetically complementary design and the proposed improvements will vastly improve the existing site and its relationship to the commercial district. F. In addition to the findings for the approval of a Conditional Use Permit, Section 17.30.040.E.2 of the Rosemead Municipal Code further states that prior to approval of a new permit for an alcohol sales establishment, the Planning Commission shall find that the use is consistent with the purpose and intent of Section 17.30.040 (Alcohol Beverage Sales). This finding shall be in addition to the findings required by Chapter 17.132 (Conditional Use Permits). In making this required finding, the Planning Commission shall consider the following: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City; b. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts; and c. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other Planning Commission Meeting December 7,2015 Page 19 of 32 similar uses, and any uses that attract minors. As noted in the staff report, State ABC reports that the project site is located in a crime reporting district in which the number of reported crimes is 20% greater than the average number of reported crimes in all the crime reporting districts within the City of Rosemead. The average number of offenses per reporting district in the City is 268.1. A total of 321.7 offenses have been reported in the subject district, which is exactly 20% higher than the average. The City's Chief of Police has reviewed these statistics and indicated that there have not been any law enforcement responses to the sight since 1997. Although the store is located within a high crime area and near a major freeway (Interstate 10), the Chief of Police has indicated his support of this request upon approval of the public safety conditions outline in Attachment "A." The site is surrounded by properties that are zoned C-3 (Medium Commercial) with a MUDO (Residential/Commercial Mixed Use) overlay. The closest single use residential zoning district is located 230 feet south of the project site and is separated by a major thoroughfare, Valley Boulevard. Furthermore, there are no schools, parks, or places of religious worship within 1,000 feet of the project site. Although the reporting district is in a potentially high crime district, the 7-Eleven store will be significantly different from typical liquor stores, which usually offer a wide range of alcoholic beverages, both in terms of price and type. The addition of beer and wine comprises a very small percent (1.54%) of the sales floor area 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. SECTION 4. 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 is a national chain of convenience stores, selling general merchandise including fresh foods, cold drinks, and hot beverages. Beer and wine will account for approximately 12-15 percent of the total sales of the store. By including beer and wine with general . merchandise, 7-Eleven can better serve the surrounding community by providing customers with the convenience of one-stop shopping. The number of allowable off-sale ABC licenses for this census tract is two (2). Currently, there are two (2) authorized off-sale licenses for this census tract (Lees Planning Commission Meeting December 7,2015 Page 20 of 32 Market, located at 9726 Valley Boulevard, and Key's Liquor, located at 9442 Valley Boulevard). In order to compensate for the approval of an additional license in the subject census tract, Condition of Approval No. 38 requires that 7-Eleven purchase an existing "Type 20" license from the subject census tract or from an adjacent census tract so that there is no net increase in "Type 20" licenses in the City of Rosemead. 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 would operate the site as a modern neighborhood market and convenience store. The store would provide a wide selection of food and sundry items ranging from milk to household items, prepared and fresh foods, along with soft drinks, gourmet coffee, and other non-alcoholic beverages. The application indicates that the franchise has progressed toward becoming a neighborhood store that serves the complete needs of the community; The proposed 7-Eleven is located near several businesses that have large employee bases, such as the Bimbo Bakery Outlet (4030 Temple City Boulevard) and the Hermetic Seal Corporation (4032 Temple City Boulevard) to the north of the project site and within walking distance. A new office building was also recently approved across the street from the proposed store (9654 Valley Boulevard). By adding a convenience oriented food store with a large selection of products, business people in the area and employees 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 the new store to complete their purchases. Therefore, the proposed off-sale of beer and wine will serve a segment of the City that is not presently being served. 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 schools, parks, or churches located within 1,000 feet of the site. The project site is surrounded by properties that are zoned C-3 (Medium Commercial) with a MUDO (Residential/Commercial Mixed Use) overlay. 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 Planning Commission Meeting December 7,2015 Page 21 of 32 misdemeanor or felony crimes, except traffic citations; According to State ABC, the average number of offenses per reporting district in the City is 268.1. A total of 321.7 offenses have been reported in the subject district, which is exactly 20% higher than the average. The City's Chief of Police has reviewed these statistics and indicated that there have not been any law enforcement responses to the sight since 1997. Although the store is located within a high crime area and near a major freeway (Interstate 10), the Chief of Police has indicated his support of this request upon approval of the public safety conditions outline in Attachment "A." Although the reporting district is in a potentially high crime district, the 7-Eleven store will be significantly different from typical liquor stores, which usually offer a wide range of alcoholic beverages, both in terms of price and type. The addition of beer and wine comprises a very small percent (1.55%) of the sales floor area 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 (3) or more "reported crimes" within the previous one year period; The site has been unoccupied since 1999. According to the Chief of Police, there have not been any law enforcement responses to the site since 1997. 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 would operate the site as a modern neighborhood market and convenience store. The store would provide a wide selection of food and sundry items ranging from milk to household items, prepared and fresh foods, along with soft drinks, gourmet coffee and other non-alcoholic beverages. By adding a convenience oriented food store with a large selection of products, including incidental beer and wine sales, patrons will be able to complete most of their quick shopping needs without traveling to other areas of the.community. The beer and wine is stored at the rear of the store in coolers and on shelves that are not visible from the exterior. The applicant will have extensive security measures, employee training, strict policies for sales, age limit monitoring, facility monitoring, and security cameras that help protect the property and improvements in the neighborhood and the general welfare of the City from detrimental or injurious effects to the health, safety and welfare of the community as the result of incidental off-site sales of beer and wine at the store. i . Planning Commission Meeting December 7,2015 Page 22 of 32 The existing site has been unoccupied since 1999 and property maintenance is in poor condition. By developing a new convenience market, it is anticipated that 7- Eleven will dramatically improve the appearance of the intersection and enhance the services offered to the immediate neighborhood in which it will be located. 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 is a national chain of convenience stores, selling general merchandise including fresh foods, cold drinks, and hot beverages. Beer and wine will account for approximately 12-15 percent of the total sales of the store. By including beer and wine with general 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 outlet for beer and wine for those who are already shopping at the store for other goods such as sundry items, household items, fresh and prepared food, milk, soft drinks, and other nonalcoholic beverages. The store will not contain any type of use which may typically be associated with adverse effects upon the economic health of a neighborhood, such as a liquor store, stand-alone bar or nightclub. The sales of beer and wine will be significantly different from typical liquor stores, which usually offer a wide range of alcoholic beverages, both in terms of price and type. The addition of beer and wine that comprises 1.55% of the total floor area of the existing store (approximately 22 square feet) 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, Cr 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. Rosemead Municipal Code Chapter 9.16 permits the requested use subject to a Conditional Use Permit within the zones corresponding to the land use designation within the General Plan. The 'Site is zoned C-3D-MUDO (Medium Commercial with a Design Overlay and a Commercial/Residential Mixed-Use Overlay). The General Plan designates the site 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. The immediate surrounding area is characterized by a variety of commercial business, including a Bimbo Bakery Outlet (4030 Temple City Boulevard) and the Hermetic Seal Corporation (4032 Temple City Boulevard) to the north of the project site, and residential development. The proposed convenience market is a permitted use in the C-3 zone. Therefore, the use is in harmony with the General Plan and not detrimental to the character of development in the immediate neighborhoodl The limited sale of beer and wine will • Planning Commission Meeting December 7,2015 Page 23 of 32 meet the community goal objective to preserve and strengthen viable commercial development and provide additional opportunities for new commercial development and services. Beer and wine will comprise less than 2% of the total sales floor area and comprise less than 16% of the total sales of the store. The store will not contain any type of use which may typically be associated with adverse effects upon the economic health of a neighborhood, such as a liquor store, stand-alone bar or nightclub. 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 offering beer and wine at this store fulfills the commitment of the applicant to save 7-Eleven customers time and money with the convenience of one- stop shopping. According to information provided by the applicant, the 7-Eleven franchise has progressed toward becoming a neighborhood store that serves the complete needs of the community. The proposed 7-Eleven is located near several businesses that have large employee bases, such as the Bimbo Bakery Outlet (4030 Temple City Boulevard) and the Hermetic Seal Corporation (4032 Temple City Boulevard). Both of these businesses are located to the north of the project site. Furthermore, a new office building was recently approved across the street from the proposed store (9654 Valley Boulevard). By adding a convenience oriented food store with a large selection of products, business people in the area and employees 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 the new store to complete their purchases. Therefore, the proposed off-sale of beer and wine will serve a segment of the City that is not presently being served. The applicant 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 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. Additionally, beer and wine will be 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. Beer and wine 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 • Planning Commission Meeting December 7,2015 . Page24of32 are aware of obligations and ramifications should they not comply with the law. In addition to 7-Eleven store policies and procedures, Condition of Approval No. 31 will require all owners, operators, and managers of the establishment to complete the State ABC Licensee Education on Alcohol and Drugs (LEAD) program in accordance with the business operation requirements in the City's Municipal Code. SECTION 5. The Planning Commission HEREBY APPROVES DR 14-02 for the construction of a 2,400 square foot convenience store, CUP 14-01 for a new Off-Sale Beer and Wine (Type 20) ABC license, and PCN 14-02 determination, subject to conditions listed in Attachment "A" attached hereto and incorporated herein by reference. SECTION 6. This resolution is the result of an action taken by the Planning Commission on December 7, 2015, by the following vote: YES: NO: ABSENT: ABSTAIN: 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 7th day of December, 2015. John Tang, Chair Planning Commission Meeting December 7,2015 • Page 25 of 32 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 7th day of December, 2015 by the following vote: YES: NO: ABSENT: ABSTAIN: • Michelle G. Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP • • Planning Commission Meeting December 7,2015 Page 26 of 32 ATTACHMENT i"A" DESIGN REVIEW 14-02, CONDITIONAL USE PERMIT 14-01, AND PUBLIC CONVENIENCE ORINECESITY 14-02 CONDITIONS OF APPROVAL December 7, 2015 1. Design Review 14-02 (DR 14-02), Conditional Use Permit 14-01 (CUP 14-01), and Public Convenience or Necessity 14-02 (PCN 14-02) are approved for the development of a one-story, 2,400 square foot 7-Eleven convenience market with an Off-Sale Beer and Wine (Type 20) Alcoholic Beverage Control (ABC) license, in accordance with the plans marked Exhibit "C", dated July 7, 2015. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. The conditions listed on this exhibit Ishall 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 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. 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 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 jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstance's. Changed circumstances include, but Planning Commission Meeting December 7,2015 Page27of32 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, NC 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. Planning Commission Meeting December 7,2015 Page 28 of 32 The Planning Division shall approve said I 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-I 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 aid 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 and self- latching doors. The trash area must be maintained and the opaque doors shall be closed at all times. Planning Commission Meeting December 7,2015 Page 29 of 32 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. Planning Commission Meeting December 7,2015 Page 30of32 28. A current letter grade issued to the business by the LA County Department of 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 se vice 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 franchise owner shall purchase an existing Type 20 ABC license from an adjacent census tract within the City of Rosemead. 39. The convenience store may operate 24 hours, 7 days a week. The sale of beer and wine shall only occur during the hours of 6:00 a.m. to 11:00 p.m. 40. 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. Planning Commission Meeting December 7,2015 Page 31 of 32 41. 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: 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 will illuminated during all business hours. c. Alcohol prod ucts, including displays, shall be secured during the hours of non-sales. d. All alcohol shall be stored /displayed away from the doors. e. There shall be no sales of single can or bottle alcohol. City Engineer Conditions of Ap`proval • GENERAL • 42. 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. 43. 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. 44. 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. 45. 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. 46. All work proposed within the public right-of-way shall require permits from the Public Works Department. 47. 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. Planning Commission Meeting December 7,2015 Page32of32 48. A "NO LEFT TURNS" sign shall be installed to prohibit left turns form both project driveways along Valley Blvd and Temple City Blvd. SEWER 49. 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 50. All power, telephone, and cable television shall be underground. 51. Any utilities that are in conflict with the development shall be relocated at the developer's expense. WATER 52. 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 Chief's fire flow requirements. 53. Water hydrant, water meter box, and utilities box shall be located 8-feet away from parkway trees and 3-feet away from driveway approach. 54. Submit a revised plan indicating the location, size, and connection of proposed fire hydrant in City's right-of-way. I . . I i