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HomeMy Public PortalAboutResolution 04-42601 1 RESOLUTION NO. 04 -4260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REVERSING THE DECISION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT 03 -1544 TO ALLOW THE OFF -SALE BEER AND WINE AT AN EXISTING SERVICE STATION AT 5676 ROSEMEAD BOULEVARD LOCATED IN THE HEAVY COMMERCIAL (C -3) ZONE (CUP 03 -1544) (MOBIL OIL CORP /MANKERIAN) THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. Based upon information contained in the Staff Report to the City Council and information contained in the Planning Commission Staff Report as well as the Planning Commission minutes; and based upon testimony received at a noticed public hearing before the Planning Commission on March 23, 2004, and testimony received at a noticed public hearing before the City Council on May 4, 2004, the City Council approves the Conditional Use Permit based upon the findings and subject to the conditions contained herein. SECTION 2. This project will not result in significant effects upon the environment and a Negative Declaration has been prepared and approved in accordance with the State CEQA Guidelines. The initial . statement as prepared indicates there is no potential for adverse impact to the environment generally and specifically as it relates to all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. SECTION 3. Accordingly, Conditional Use Permit 03 -1544 is approved, based upon the findings as set forth below: 1. That the site for the proposed use is adequate in size, shape, topography and circumstances in that the subject lot contains 24,220 square feet, is rectangular in shape, and is improved with a building which contains approximately 2,370 square feet of floor area; and 2. That the site does have sufficient access to street and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use in that the subject site is located on the southeast corner of Las Tunas Drive and Rosemead Boulevard; Las Tunas Drive has a 135 -foot right -of -way and an 110 -foot roadway and Rosemead Boulevard has a 100 -foot right -of -way and an 80 -foot roadway; and 3. That the proposed use will not have an adverse effect upon the use, enjoyment or valuation of adjacent or neighboring businesses or upon the public welfare in that the subject site is surrounded by other similarly zoned commercial businesses; and 4. That there is a public convenience and necessity warranted in this particular instance of a State license to allow for the on -site sale of alcoholic beverages (beer and wine) in that the sale of alcoholic beverages could be offered as a convenience in conjunction with the service station business. The convenience of purchasing beer and wine at a service station is available at other service stations in proximity to this location. Denial of the request would deny patrons of this business the same level of service and convenience that is available at other similarly located gasoline service stations. SECTION 4. Accordingly, Conditional Use Permit 03 -1544 is approved, subject to the following conditions: Resolution No. 04 -4260 Page 2 1. The proposed development shall be in substantial compliance with the submitted plans, except as modified herein. 2. Building permits shall be obtained for any building improvements and /or building modifications. Such modifications and /or alternations shall be subject to the review and approval of the Planning /Building Departments of the City of Temple City. 3. The current hours of operation for the service station is on a 24 -hour basis. The hours of operation for the service station shall remain unchanged with the addition of on -site sale of alcoholic beverages. The times in which alcohol beverages may be sold shall be subject to ABC regulations and shall be limited to the period between 6:00 a.m. and 10:00 p.m. daily. Doors to the alcoholic section of the service station shall be locked and no alcoholic beverage products shall be sold after 10:00 p.m. 4. There shall be no on- premises consumption of alcoholic beverages. Any violation in State law relative to the sale of alcoholic beverages shall be grounds for revocation of this Conditional Use Permit. 5. All activities and functions of the site shall be subject to the City's Noise Ordinance. Any violation of the City's Noise Ordinance as contained in Section 9280 - 9282.1 shall be grounds for revocation of this Conditional Use Permit. 6. The applicant/property owner shall be responsible for controlling loitering and other conduct of individuals on the premises. 7. The property owner shall be responsible for maintaining signs and ensuring full compliance with the sign criteria as contained in the Temple City Zoning Code. Any proposed new signage shall be subject to the review and approval of the Community Development Department. 8. The applicant/property owner shall meet all requirements of the National Pollutant Discharge Elimination System (NPDES) related to pollutants, runoff or non -storm water discharges. 9. The Conditions of Approval contained in this Resolution may be enforced by the Sheriffs Office as well as City Staff. Any violation of any condition is a misdemeanor and may be processed directly by criminal complaint. 10. This Resolution shall not become valid until such time that the applicant and property owner have signed a copy of the Resolution acknowledging acceptance of the Conditions of Approval. SECTION 5. The City Clerk shall certify to passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED on this 18th day of MAY, 2004. `\ /,�4�yy 11cf 92/ ATTEST: p 1 aA City Clerk MAYOR 1 1 1 1 1 1 Resolution No. 04 -4260 Page 3 I, City Clerk of the City of Temple City, do hereby certify that the foregoing resolution, Resolution No. 04 -4260, was duly passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 18th day of May, 2004 by the following vote: AYES: Councilmember- Capra, Vizcarra, Wong, Zovak NOES: Councilmember - Arrighi ABSENT: Councilmember -None ABSTAIN: Councilmember -None _ThaAL-0= City Clerk READ, UNDERSTOOD AND CONDITIONS ACCEPTED: ,i'" iken Mnket'ian, Applicant Date Mobil Oil Corp., Representative Date e 4.vr, 110471 Core 7/3(voy