City ofsouth Gate CITY COUNCIL

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1 RECEVD Item No. 2 MAR City ofsouth Gate CITY COUNCIL OFnCEOFThECTY CITY SOUTH GATE MANAGER ATNIDA I]ILTL For the Regular meeting ofmarch 22, 2016 Originating Department: Communi Develo me Department Head: 99ff City Manager: Jo erez Michael Flad SUBJECT: RESOLUTION MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE SALE OF BEER AND WINE FOR OFF-SITE CONSUMPTION AT ALDI GROCERY STORE LOCATED AT 5830 FIRESTONE BOULEVARD PURPOSE: A determination of Public Convenience or Necessity (PCN) is required by the Department ofalcoholic Beverage Control (ABC) under Business and Professions Code Section for liquor license applications that are located in an area that has 20 percent more reported crime than the average number of reported crimes for the City as a whole, or are located in a census tract where the ratio of existing retail on-sale/retail off-sale liquor licenses to population in the census tract exceeds the ratio of retail on-sale/retail off-sale liquor licenses to population in the County. RECOMMENDED ACTION: Adopt a resolution making a determination of public convenience or necessity for the sale of beer and wine for off-site consumption for Aldi grocery store located at 5830 Firestone Boulevard. FISCAL IMPACT: No fiscal impact. NOTICING PROCEDURES: A legal notice was not required to be posted, published or mailed to the General Public. ANALYSIS During its regular meeting of March 1, 2016, the City Planning Commission conducted a public hearing, as required by law, to consider the approval of Conditional Use Permit No. 823 for the sale of beer and wine at a new Aldi grocery store located at 5830 Firestone Boulevard. The City Planning Commission approved the Conditional Use Permit on a 5/0 vote, The South Gate Police Department reviewed the application and had no objections to granting this request. A determination of Public Convenience or Necessity (PCN) is required by ABC under Business and Professions Code Section for liquor license applications that are located in an area that has 20 percent more reported crime than the average number of reported crimes for the City as a whole, or are located in a census tract where the ratio of existing retail on-sale/retail off-sale liquor licenses to population in the census tract exceeds the ratio of retail on-sale/retail off-sale liquor licenses to population in the County. For Aldi to offer its patrons the convenience to purchase beer and wine for off-site consumption, a letter declaring that the City Council has no objections based on findings is warranted. Upon adoption ofthe proposed resolution, the PCN letter (draft attached) will be forwarded to ABC for issuance of a liquor license. 1

2 The Aldi store will measure approximately 17,000 square feet and it is the anchor tenant at the newly constructed 53,356 square foot Crossroads at Firestone shopping center. Aldi is a leading global discount supermarket chain with nearly 10,000 stores in 18 countries. Aldi specializes in staple items, such as food, beverages, toilet paper, sanitary articles, and other inexpensive household items. Many of its products are self-branded, with the number of other brands usually limited to a maximum of two for a given item. This increases sales for each product, and allows Aldi stores to be smaller than stores with more brand choices. In addition, Aldi also offers a variety of craft beers and wine at a discounted price. Beer and wine sales at this store will occupy roughly about 84 square feet of the gross floor area. The store will operate Monday thru Sunday from 9:00am to 9:00pm and alcohol sales will be in accordance with the provisions of a Type-20 (Off-Sale Beer and Wine) alcohol license as adopted by ABC. Aldi is expected to open in mid-to-late April of The proposed Aldi store is located within Census Tract No According to ABC, a maximum of two (2) alcohol licenses for off-site consumption are recommended in this census tract. Currently there are five (5) off-site operating alcohol licenses in this tract, which denotes an over-concentration of alcohol license establishments. Although this census tract is not in a high-crime reporting district, it has a ratio of existing off-sale liquor licenses to population that exceeds the ratio of off-sale liquor licenses to population in Los Angeles County. Because of this, a finding of Public Necessity and Convenience from City Council is required by ABC. The subject property is not located within immediate proximity to parks, playgrounds, schools, or religious intuitions. The Community Development, Public Works and Police Departments have reviewed the application and there are no issues of concern regarding the request to sell beer and wine at Aldi grocery store located at 5830 Firestone Boulevard. Conditions of approval, as discussed with the applicant, and periodic condition monitoring will ensure that the use would not deviate from the planned operation reviewed under this application. The following Conditions of Approval apply to the operation of the sale of beer and wine: No alcoholic beverages, including beer and wine, shall be consumed on the premises for off-sale uses. No outside loitering shall be allowed on the premises. No alcohol sales displays shall be permitted that are visible from the public street or parking lot. Employees selling alcoholic beverages shall be of an age consistent with Section of the California Business and Professions Code. The validity of the CUP shall be conditioned on compliance with all state regulations and conditions. Trash receptacles shall be provided in such number and at such locations as specified by the Planning Commission or Community Development Director. All alcoholic beverages sales, offerings, and consumption shall be conducted completely within an enclosed building on premises, except for in permitted outdoor seating areas for on-sale uses. Building and site design and maintenance shall be consistent with the standards of the immediate neighborhood so as not to cause blight or deterioration, or to substantially diminish or impair property values within the neighborhood. The owner/operator or lessee shall be responsible for the conduct of all employees, including their education concerning Alcohol Beverage Control regulations and provisions of this code pertaining to sales of alcohol (e.g., verification of age of purchaser). 2

3 The permittee shall acknowledge that the city has specifically reserved the right and authority to impose sanctions, including suspension or revocation of the CUP, as a consequence of one or more violations of a state statute, rule, or regulation concerning the sale to or consumption of alcoholic beverages by a minor. The permit shall be subject to compliance review of the property and CUP conditions at Planning Commission established intervals; the first compliance review shall occur within six months of permit issuance or actuation. Any kitchen facility on premises (in conjunction with a restaurant) shall be maintained at all times in a clean and sanitary condition. Adequate refrigeration shall be maintained at all times for the preservation of any food on the permittee s premises. The permit shall, after notice to the permittee and an opportunity to be heard, be subject to additional conditions to maintain or remedy land use compatibility, security, or crime control issues that have arisen since the issuance of the permit. No telephone accessible to the general public shall be installed within the permitted premises. No arcade-type games, including video games, shall be installed or operated on the permitted premises. Within thirty (30) days of approval of the Project, the Applicant and Property Owner shall certify his/her acceptance of the conditions placed on the approval by signing a notarized Affidavit of Acceptance stating that he/she accepts and shall be bound by all of the conditions. This approval is valid for a period of 12 months from the date of final determination. If the use approved by this action is not established within such a period of time, this approval shall terminate and shall be null and void. The Applicant shall defend, hold harmless and indemnify the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul any approval by the City concerning the Project. The City shall promptly notify the Applicant of any filed claim, action or proceeding and shall cooperate fully in the defense of the action. Violation of, or noncompliance with, any of these conditions shall constitute grounds for revocation of this entitlement. Applicant shall agree to maintain the property and all related on-site improvements and landscaping thereon, including without limitation, buildings, parking areas, lighting, signs, and walls in a first class condition and repair, free of rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all Federal, State, County and local bodies and agencies having jurisdiction, at applicants sole cost and expense. Such maintenance and repair shall include, but not be limited to the following: (i) sweeping and the removal of trash and debris as soon as possible but at least within 24 hours; (ii) the care of all shrubbery, plantings and other landscaping in a healthy condition and replacement of diseased or dead plant material with new material at an age similar to the material being replaced; (iii) maintenance of all irrigation systems in properly operating condition; (iv) the removal of graffiti within 24 hours; and (v) the repair, replacement and restriping of asphalt or concrete paving using the same type of material originally installed, to the end that such paving at all times be kept in a level and smooth condition. The permittee shall comply with all state statutes, rules and regulations relating to the sale, purchase, display, possession and consumption of alcoholic beverages. 3

4 The permittee shall acknowledge and agree that the City has a legitimate and compelling governmental interest in the permittee s strict compliance with all conditions imposed upon the permit, including adherence to state status, rules and regulations as specified in this section. The permittee shall further acknowledge and agree that any violation of a state statue, rule or regulation concerning the sale to or consumption of alcoholic beverages by a minor has been determine by the city to have a deleterious secondary effect upon (i) the specific land use requested by the permittee and authorized by the city; (ii) the compatibility or permittee s authorized land use with adjacent land uses; and (iii) the welfare and safety ofthe general public within the city. In view of such deleterious secondary effects, permittee shall acknowledge that the city has specifically reserved the right and authority to impose sanctions, including suspension or revocation of the conditional use permit, as a consequence of one or more violations of a state statue, rule or regulation concerning the sale to or consumption ofalcoholic beverages by a minor. PROPERTY SUMMARY: Applicant: Property Address: ALDI Inc., Moreno Valley Division 5830 Firestone Blvd C/o Ben Vesper Aldi Place Assessor s Parcel No.: Moreno Valley, Ca & 022 Property Owner: Zoning Designation: Catellus South Gate, LLC Regional Commercial (RC) C/o Sean Whiskeman 66 Franklin Street, Suite 200 General Plan Designation: Oakland, California El Paseo/ South Gate Town Center Sub Area - 3 Representative: Greenberg Farrow Surrounding Land Uses: C/o Vinny Tam North: Commercial MacArthur Blvd, Suite 250 East: Industrial Irvine, CA South: Industrial West: Commercial ATTACHMENTS: A: Proposed Resolution B. Draft PCN Letter addressed to ABC C: Aerial View of 5830 Firestone Boulevard D: Map of Alcohol Licenses within Census Tract E: Site Plan, Floor Plan & Elevations F: Planning Commission Approved Resolution G: Notice of Exemption 4

5 RESOLUTION NO. CITY OF SOUTH GATE LOS ANGELES COUNTY, CALIFORNIA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE SALE OF BEER AND WINE FOR OFF-SITE CONSUMPTION AT ALDI GROCERY STORE LOCATED AT 5830 FIRESTONE BOULEVARD WHEREAS, on March 1, 2016, the Planning Commission of the City of South Gate approved Conditional Use Permit No. 823 allowing the sale of beer and wine for off-site consumption for a proposed Aldi grocery store to be located at 5830 Firestone Boulevard; and WhEREAS, the South Gate Police Department had no objection to granting this request; and WHEREAS, the Alcoholic Beverage Control Board (ABC) requires that the City Council declare a Public Convenience or Necessity prior to the ABC Board s approval and issuance of a liquor license pursuant to Section of the Business and Professions Code; and WHEREAS, studies and investigations were made and a staff report with recommendations was submitted; and WHEREAS, the City Council determined that the facts of this matter are as follows: 1. On January 5, 2016, the Department of Community Development received an application from Aldi, Inc., for Conditional Use Permit No. 823 to allow the operation of a grocery store with a Type-20 (Off-Sale Beer and Wine) alcohol license. 2. On March 1, 2016, the Planning Commission of the City of South Gate conducted a public hearing, as required by law, to consider the approval of Conditional Use Permit No. 823 for the sale of beer and wine at a new Aldi being developed at 5830 Firestone Boulevard. The City Planning Commission approved the Conditional Use Permit on a 5/0 vote. 3. The subject property is located at 5830 Firestone Boulevard, south-east corner of Firestone Boulevard and Garfield Avenue. The General Plan designation for the subject property is El Paseo/South Gate Town Center (Sub-Area 3) and the Zoning designation is Regional Commercial (RC). 4. The Aldi store will measure approximately 17,000 square feet and it is the anchor tenant at the newly constructed 53,356 square foot Crossroads at Firestone shopping center. 5. Aldi is a leading global discount supermarket chain with nearly 10,000 stores in 18 countries. Aldi specializes in staple items, such as food, beverages, toilet paper, sanitary articles, and other inexpensive household items. Many of its products are self-branded, with the number of other brands usually limited to a maximum of two for a given item. This increases sales for each product, and allows Aldi stores to be smaller than stores with more brand choices. 5

6 6. In addition, Aldi also offers a variety of craft beers and wine at a discounted price. Beer and wine sales at this store will occupy roughly about 84 square feet of the gross floor area. 7. The South Gate store will operate Monday thru Sunday from 9:00am to 9:00pm and alcohol sales will be in accordance with the provisions of a Type-20 (Off-Sale Beer and Wine) alcohol license as adopted by the State Alcoholic Beverage Control Board (ABC). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby determine that the issuance of a liquor license to ALDI at 5830 Firestone Boulevard will serve the Public Convenience or Necessity and will not create a law enforcement problem. SECTION 2. The City Council does hereby grant the request for determination of Public Convenience or Necessity for the sale of alcoholic beverages (beer and wine) for off-site consumption at 5830 Firestone Boulevard. SECTION 3. The City Council does hereby instruct the City Clerk to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under Business and Professions Code Section SECTION 4. The City Clerk shall certify to the adoption of this Resolution, which shall be effective upon its adoption. PASSED, APPROVED and ADOPTED this 22 day of March CITY OF SOUTH GATE: ATTEST: Jorge Morales, Mayor Carmen Avalos, City Clerk (Seal) AP OVE S TO FORM: Ra 1 F. Salinas, City Attorney 6

7 City of South Gate 8650 CALIFORNIA AVENUE SOUTH GATE, CALIFORNIA (323) HOURS OF OPERATION MONDAY - THURSDAY - 7:00 A.M. TO 5:30 P.M. Fax (323) March 23, 2016 Department of Alcoholic Beverage Control 888 S Figueroa Street, Suite 320 Los Angeles, CA SUBJECT: Public Convenience and Necessity tter for Aldi 5830 Firestone Boulevard, South Gate, CA Dear ABC Official: This letter is in reference to an off-sale alcohol 1icense being proposed for Aldi, Inc., at the above location. Pursuant to Section of the Business and Professions Code, prior to the issuance of an alcoholic beverage license, the City is required to make establishment seeking the license sew s the public convenience and necessity (PCN). 4a determination as to whether the The City of South Gate Police Dep nt has been notified of this application and does not object to the issuance ofthioense. The City Council, at its regular meeting of March 22, 2016, adopted ResolUtion No. granting a Letter of Public Convenience and Necessity. Therefore, the City is reccimmending approval of the off-premise alcohol license for the sale of beer and wine based on the fmdings of public convenience and necessity. 4 Aldi s sales of beer and wine for off-site consumption will be a public convenience and necessity. The subject application will not pose any harm to the public health, safety, and welfare of the present and future development of the surrounding area with the conditions of approval. In addition, the sale of alcohol will be in compliance with California Law. Sincerely, Joe Perez Community Development Director 7

8 8

9 Map of Off-Sale Alcohol Licenses within Census Tract No I I City Boundary I I CensusTract No Proposed Type-20 (Off-Sale Beer & Wine) Aldi Market at 5830 Firestone Blvd Existing Off-Sale Alcohol Licenses El Super Type-21 (Off-Sale General) at 5720 Firestone Blvd Sam s Club Type-21 (Off-Sale General) at 5871 Firestone Blvd Target Type-20 (Off-Sale Beer & Wine) at 5700 Firestone Blvd Arco Gas Station Type-20 (Off-Sale Beer & Wine) at 5731 Firestone Blvd G & M Gas Station Type-20 (Off-Sale Beer & Wine) at 5651 Imperial Hwy 9

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13 APPROVING CONDITIONAL USE PERMIT NO. 823 OF THE CITY OF SOUTH GATE, CALIFORNIA A RESOLUTION OF THE PLANNING COMMISSION 13 sales at this store will occupy roughly about 84 square feet of the gross floor area. 5. In addition, Aldi also offers a variety of craft beers and wine at a discounted price. Beer and wine brands usually limited to a maximum of two for a given item. This increases sales for each product, and allows Aldi stores to be smaller than stores with more brand choices. inexpensive household items. Many of its products are self-branded, with the number of other Akii specializes in staple items, such as food, beverages, toilet paper, sanitary articles, and other 4. Aldi is a leading global discount supermarket chain with nearly 10,000 stores in 18 countries. newly constructed 49,637 square foqt Crossroads at Firestone shopping center. 3. The Aldi store will measure approximately 17,000 square feet and it is the anchor tenant at the Boulevard and Garfield Avenue. The General Plan designation for the subject property is El Paseo/South Gate Town Center (Sub-Area 3) and the Zoning designation is Regional Commercial (RC). 2. The subject property is located at5830 Firestone Boulevard, south-east corner of Firestone Type-20 (Off-Sale Beer and Wine) alcohol license. Aldi, Inc. for Conditional Use Permit No. 823 to allow the operation of a grocery store with a 1. On January 5,2016, the Department of Community Development received an application from follows: WHEREAS, the Planning Commission determined that the facts of this matter are as was submitted; and WHEREAS, studies and investigations were made and a staff report with recommendations Los Angeles Wave newspaper and mailed to the surrounding properties on February 18,2016; and of said Conditional Use Permit. Notice of the hearing was originally posted and published in the WHEREAS, the Planning Commission upon giving the required notice did, on the first day of March, 2016, conduct a duly advertise public hearing as required by law to consider the approval Firestone Boulevard; and of a grocery store with a Type-20 (Off-Sale Beer and Wine) alcohol licenses located at 5830 application from Aldi, Inc. ( Applicant ) for Conditional Use Permit No. 823 to allow the operation WHEREAS, on January 5, 2016, the Department of Community Development received an RESOLUTION NO

14 Type-20 (Off-Sale Beer and \Vine) alcohol license as adopted by the State Alcoholic Beverage Control Board (ABC). Wave newspaper and mailed to surrounding properties on February 18, Notice for the Planning Commission hearing was posted and published in the Los Angeles 14 [Intentionally Left Blank] Section of the California Environmental Quality Act. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination. 4. The proposed Conditional Use Permit is Categorically Exempt under Class 1 (Existing Facilities) detrimental impact on adjacent properties. 3. Upon compliance with the attached conditions of approval, the subject use will not have a because it will promote business and will serve city residents. 2. The proposed use is consistent with the goals and objectives of the South Gate General Plan with the incorporation of the conditions of approval. adversely affect property values or the present and future development of the surrounding area 1. The subject application will not be detrimental to the public health, safety, and welfare or WHEREAS, the City Planning Commission made the following findings: Sunday from 9:00am to 9:00pm and alcohol sales will he in accordance with the provisions of a 6. Aldi is expected to open in mid-april of The South Gate store will operate Monday thru

15 licenses, subject to the conditions of approval contained in Exhibit A. to allow the operation of an Aldi grocery store with a Type-20 (Off-Sale Beer and \Vine) alcohol 15 City Planning Commission Chairperson Sylvia A P PROVED: City Planning Commission Joe Perez Secretary APPROVED and ADOPTED this 1St day of March, NOT VOTING: ABSENT: NuES: None Juan De La Cruz Commissioner Angel Colon, Commissioner Francisco Gomez, Commissioner AYES: Chairperson Sylvia Masushige, Vice Chairperson Roberto Machuca, This recommendation was adopted by the following vote at the Planning Commission meeting of March 1,2016. South Gate, pursuant to the facts, noted above, does hereby approve Conditional Use Permit No. 823 NOW, ThEREFORE, BE IT RESOLVED, that the Planning Commission of the City of

16 RESOLUTION NO CUP NO. 823 OF APPROVAL 5830 FIRESTONE BOULEVARD - CONDITIONS Planning Conditions: 1. No alcoholic beverages, including beer and wine, shall be consumed on the premises for offsale uses. 2. No outside loitering shall be allowed on the premises. 3. No alcohol sales displays shall be permitted that are visible from the public street or parking lot. 4. Employees selling alcoholic beverages shall be of an age consistent with Section of the California Business and Professions Code. 5. The validity of the CUP shall be conditioned on compliance with all state regulations and conditions. 6. Trash receptacles shall be provided in such number and at such locations as specified by the Planning Commission or Community Development Director. 7. All alcoholic beverages sales, offerings, and consumption shall be conducted completely within an enclosed building on premises, except for in permitted outdoor seating areas for on-sale uses. 8. Building and site design and maintenance shall be consistent with the standards of the immediate neighborhood so as not to cause blight or deterioration, or to substantially diminish or impair property values within the neighborhood. 9. The owner/operator or lessee shal[ be responsible for the conduct of all employees, including their education concerning Alcohol Beverage Control regulations and provisions of this code pertaining to sales of alcohol (e.g., verification of age of purchaser). 10. The permittee shall acknowledge that the city has specifically reserved the right and authority to impose sanctions, including suspension or revocation of the CUP. as a consequence of one or more violations of a state statute, rule, or regulation concerning the sale to or consumption of alcoholic beverages by a minor. 11. The permit shall be subject to compliance of the property and CLP conditions at Planning Commission established intervals; the first compliance review shall occur within six months of permit issuance or actuation. 12. An times 1T1 reicw kitchen facility on premises (in conjur.ct!on with a restaurant) shall he irairtained at all a c ean wd sanitary conditnn. 16

17 issues that have arisen since the issuance of the permit. additional conditions to maintain or remedy land use compatibility. security, or crime control 14. [ he pennit shall, alter notice to the pernlittee and an opportunity to he heard, he subject to 17 landscaping thereon, including without limitation, buildings, parking areas, lighting, signs, persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all Federal, State, County and local bodies and agencies havingjurisdiction, at applicants sole cost and expense. Such maintenance and repair shall include, but not be replacement and restriping of asphalt or concrete paving using the same type of material limited to the following: (i) sweeping and the removal of trash and debris as soon as possible properly operating condition; (iv) the removal of graffiti within 24 hours; and (v) the repair, originally installed, to the end that such paving at all times be kept in a level and smooth condition. but at least within 24 hours; (ii) the care of all shrubbery, plantings and other landscaping in a age similar to the material being replaced; (iii) maintenance of all irrigation systems in and walls in a first class condition and repair, free of rubbish, debris and other hazards to healthy condition and replacement of diseased or dead plant material with new material at an 21. Applicant shall agree to maintain the property and all related on-site improvements and revocation of this entitlement. 20. Violation of, or noncompliance with, any of these conditions shall constitute grounds for shall cooperate fully in the defense of the action. The City shall promptly notify the Applicant of any filed claim, action or proceeding and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul any approval by the City concerning the Project. 19. The Applicant shall defend, hold harmless and indemnify the City and its agents, officers and terminate and shall be null and void. use approved by this action is not established within such a period of time, this approval shall 18. This approval is valid for a period of 12 months from the date of final determination. If the Affidavit of Acceptance stating that he/she accepts and shall be bound by all of the conditions. certit his/her acceptance of the conditions placed on the approval by signing a notarized 17. Within thirty (30) days of approval of the Project, the Applicant and Property Owner shall premises. 16. No arcade-type games, including video games. shall be installed or operated on the pemiitted premises. 15. No telephone accessible to the general public shall be installed within the permitted permittee s premises. 13. Adequate retrigeration shall be maintained at all times ti.r the preservation of any thud on the

18 the permit, including adherence to state status, rules and regulations as specified in this governmental interest in the permittee s strict compliance with all conditions imposed upon 23. The permittee shall acknowledge and agree that the City has a legitimate and compelling 18 any permit. identifying, and documenting the violation, and in processing information concerning the violation, may be imposed as a condition of the continuation, reinstatement, or reissuance of Reimbursement to the City for all costs and expenses reasonably incurred in investigating, 26. Cost Recovery minor may result in the suspension or revocation of the permit at the discretion of the City appropriate under the circumstances. Council. The permit may be revoked and reissued with new or modified conditions, as may Any violation related to any condition other than a state statute concerning alcoholic sale to a 25. Consumption by a Minor. Other regulations revoked. c. Third violation occurring within 3 years of the second violation: the permit shall be suspension. b. Second violation occurring within 3 years of the first violation: 60-day permit a. First violation: a I 5-day permit suspension. following. The City has the authority to identify the reasonable remedy for the CUP violation. Any violation related to a state statute concerning alcohol sale to a minor shall result in the 24. Consumption by a Minor, State Statutes General Conditions: of one or more violations of a state statue, rule or regulation concerning the sale to or the general public within the city. In view of such deleterious secondary effects, permittee or permittee s authorized land use with adjacent land uses; and (iii) the welfare and safety of shall acknowledge that the city has specifically reserved the right and authority to impose minor has been determine by the city to have a deleterious secondary effect upon (i) the section. The permittee shall further acknowledge and agree that any violation of a state specific land use requested by the permittee and authorized by the city; (ii) the compatibility sanctions, including suspension or revocation of the conditional use permit, as a consequence consumption of alcoholic beverages by a minor. statue, rule or regulation concerning the sale to or consumption of alcoholic beverages by a purchase, display, possession and consumption of alcoholic beverages. 22. The permittee shall comply with all state statutes, rules and regulations relating to the sale,

19 shall be as specified by the Director. the establishment relating to such suspension. The size, content, and location of such sign upon any appeal, the City Council, may direct the permitteeto post a sign on the premises of 19 Commission, and, upon any appeal, to the City Council. in processing information concerning the violation for presentation to the Planning reasonably incurred in investigating, identifying, and documenting the violation, and requirement that the perrnittee reimburse the City for all costs and expenses b. Impose, as a condition of the continuation, reinstatement, or reissuance ofthe CUP, a circumstances. modify the conditions of the existing CUP as may be appropriate under the a. Revoke the CUP, revoke and reissue the CUP with new or modified conditions, or to take the following actions: intent of the Code, the Planning Commission shall, following a public hearing, be authorized If the application or any conditions of the CUP violate the Zoning Code or do not fulfill the 30. Conditional (Jse Permit Revocation Nonconforming Uses and Buildings. V permits was issued, consistent with the provisions identified within Section Ii.55 used for the approved or permitted purpose within one year from the date the approval or Any approval or permit granted by the City becomes null and void if the property is not being 29. Conditional Use Permit Expiration the public health or safety, or as to constitute a public nuisance. e. The use for which the approval was granted was exercised in a manner detrimental to terms of approval; or in violation of any statute, ordinance, law or regulation. d. The permit or conditions of the approval have been violated; exercised contrary to the c. The use for which the approval was granted has ceased or has been suspended for I year or more. b. The property is not being use for the purpose which is the subject of the permit. a. The permit or approval was obtained by fraud. or modified by the Planning Commission subject to any of the following grounds: consideration of a permit revocation. A permit or any associated conditions may be revoked A public hearing consistent with Chapter (Administration) shall be held for the 28. Violation of Conditional Use Permit For the duration of any suspension ofan alcohol-related CUP, the Planning Commission, or, 27. Violation Sinage

20 notitication, shall be required. resumed of the CUP is revoked, a new CUP, including processing and public. 20 tbur (24) hours, with or without notice from the City, as a condition of the permit. the event of graffiti markings, Applicant agrees to eliminate all such graffiti within twenty Applicant acknowledges and agrees that the permit is expressly conditioned on the Applicant maintaining the subject equipment in a well-maintained condition, and free from graffiti. In 31. Maintenance of Propey Free of Graffiti discontinued for 6 consecutive months. The use subject to the CUP may not be c. A CUP shall be revocable if the exercises of rights granted by the CUP are

21 NOTICE OF EXEMPTION TO: County Clerk/Registrar-Recorder FROM: Planning Department County of Los Angeles City of South Gate Environmental Filings 8650 California Avenue E. Imperial Hwy South Gate, CA Norwalk, CA Project Title and Location (including county): Conditional Use Permit No Firestone Boulevard, South Gate, Los Angeles, CA Project Description: Conditional Use Permit No. 823 is a request by the applicant, ALDI, Inc., to operate a Type-20 (Off-Sale Beer and Wine) alcohol license at a new store. Name of Public Agency Approving Project: City of South Gate - Community Development Department Name of Person!Agency Carrying Out Project: Joe Perez - Community Development Director Exempt Status: (Check one) U Ministerial (Sec (b) (1); 15268); Declared Emergency (Sec (b) (3); 15269(a)); Emergency Project (Sec (b) (4); 15269(b) (c)); Emergency Project (Sec (b) (4); 15269(b) (c)); Categorical Exemption: Section: Class: 1 Statutory Exemption: Section: Class: Reasons why project is exempt: This project is Categorically Exempt under Class I Existing Facilities Section of the California Environmental Quality Act. Class I consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination. Lead Agency Contact Person and Phone Number: Jerry C. Guevara, Assistant Planner jguevara@sogate.org Prepared and filed by the South Gate Community Development Department by: Jerry C. Guevara, Assistant Planner Signature Printed Name and Title Date 21