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CC - Item 2A - Conditional Use Permit 05-1021TO: HONORABLE MAYOR AND MEMBERS ROSEMEAJ) CITY COUNCIL FROM: BILL C , CITY MANAGER DATE: DECEMBER 21, 2005 • RE: CONDITIONAL USE PERMIT 05-1021; APPEAL PHO KING RESTAURANT-8772 VALLEY BOULEVARD This item was continued from the November 22, 2005 Council Meeting at the request of the applicant. Attached is a copy of the staff report from that Meeting. DEC 2 7 2005 rrEM NO. 0 • staf fepor TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: CROWE, CITY MANAGER DATE: NOVEMBER 17, 2005 RE: CONDITIONAL USE PERMIT 05-1021; APPEAL PHO KING RESTAURANT - 8772 VALLEY BOULEVARD BACKGROUND Mayor Jay T. Imperial has filed an appeal of Conditional Use Permit 05-1021 that was approved by the Planning Commission at the October 3, 2005, Planning Commission meeting. At the October 3, 2005, meeting the Planning Commission unanimously approved the application for a new On-Sale Beer and Wine (Type 41) ABC license for a bona fide public eating establishment at the Pho King Restaurant, 8772 Valley Boulevard. Upon approving this restaurant's application, the Planning Commission also added one condition of approval and eliminated two conditions recommended by the Planning Department that were designed to prevent foreseeable negative impacts to the adjacent neighborhood. The eliminated conditions of approval were the following: • The service counter/bar located in the banquet room shall be removed. This floor space shall be added to the kitchen area, so that a larger refrigeration system can be installed for the storage offood and beverage items. • The existing wood floor shall be completely removed and replaced with carpet to match the remainder .f the banquet room. The following is the condition of approval that was added: • The building floor plans shall clearly label the area where the existing Karaoke system is located., as a presentation space. COUNT M. fli'71 10 NOV 22 ITEF4l Nj. • LJ DISCUSSION The addition of an On-Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating establishment would be consistent with the surrounding commercial properties and land uses in the general area. However, based on the past history of this property, staff is not confident that this license would not adversely affect the general welfare of the community. Staff completed an additional site inspection on November 15, 2005, to verify if progress has been made toward completing the conditions of approval, passed by the Planning Commission on October 3, 2005. As of the site inspection date, the applicant had not removed the California Lotto machine and roof antenna from the establishment, and miscellaneous posters, that were to be removed, were still on the exterior of the building. The Planning Department also had not yet received the revised floor plan addressing the presentation space in the banquet room, or the requested elevation plan, indicating a proposed window treatment for the front window to screen storage items from public view. Pictures were taken during the site inspection on November 15, 2005, which have been attached to this report. On this appeal the City Council hears the matter de novo to decide all matters pertaining to required findings 17.112.100) related to the issuance of a new conditional use permit authorizing the sale of alcoholic beverages at this location. RECOMMENDATION It is recommended that the City Council grant the appeal of the Planning Commission decision on October 3, 2005, and that it APPROVE Conditional Use Permit 05-1021 with the original Conditions of Approval recommended by the Planning Department, for the issuance of an On- Sale Beer and Wine (Type 41) license in conjunction with a bona fide public eating establishment for Pho King Restaurant, 8772 Valley Boulevard. Exhibits: A. Appeal Letter, dated October 12, 2005 B. Planning Commission Minutes, dated October 3, 2005 C. Planning Commission Staff Report, dated October 3, 2005 D. Planning Commission Resolution 05-47 E. Floor Plan/Site Plan F. Pictures taken upon Site Inspection, dated November 15, 2005 • 0 • MAYOR: JAS' T IIAPERIAL MAYOR PRO TFM: CAR A TAYLCIP COUNCILMEMSERS: MARGARET CLOW, JQHtJ H 111111F' jr,1.11I 7Pald October 12, 2005 Ms. Nancy Valderrama City Clerk City of Rosemead 8838 East Valley_ Boulevard Rosemead, CA 91770 0 < <ail~itflim~8838 E VALLEY BOULEVARD • P0. BOY. ,99 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (6261307-92ift Re: Appeal of Planning Conunission Approval of Conditional Use Permit OS-1021 8772 East Valley Boulevard -Pilo King Restaurant (Type 41 ABC License) At its October 3, 2005, meeting. the Rosemead Planning Commission approved Conditional Use Permit 05-1.021 for a new On-Sale Beer and Wine (Type 41) ABC license for a bona fide public eating establishment at Pho King Restaurant, 8772 East Valley Boulevard. Pursuant to Rosemead Alunicipal Code § 17.124.070, 1 hereby appeal to the Cite Council the above referenced decision that the Plannin, Commission had tie pourer to approve. The purpose of the appeal is to have the City Council decide all matters pertaining to required findings (§17.1 12.100) related to the issuance of new conditional use pernut authorizing the sale of alcoholic beverages at this location. Please place this matter on the neat available City Council agenda for a public hearing before the City Council. Sincerely, 9j S O~ 7. , JL U JAY T. LN IPERIAL Mayor PUN EXHIBIT A E • J CITY Or ROSEMEAD PLANNING COMMISSION REGULAR MELTING MINUTES • October 3, 2005 CALL TO ORDER: The regular meeting of the City of Rosemead Planning Commission was called to order by Chairman Loi at 7:00 p.m. in the council chambers of the Rosemead City Hall at 8838 East Valley Boulevard, Rosemead. Commissioner Loi led the fledge of Allegiance. Commissioner Lopez delivered the invocation. ROLL CALL: PRESENT: Chairman Loi. Commissioners Breen. Herrera, Kelty and Lopez ABSENT: None EX OFFICIO: Bernnejo, Johnson and Tone 1. APPROVAL OF MINUTES: Minutes ol'September 19, 2005 MOTION BY COMMISSIONER BREEN, SECONDED BY COMMISSONER LOPEZ, that the minutes of the City of Rosemead Regular Planning Commission Meeting of August 19, 2005, be APPIMVED as submitted. • Vote results YES: BREEN. HERRERA, KELTY, LOI and LOPEZ NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Loi declared said motion duly carried and so ordered. 2. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS: Planning Director Johnson explained the public hearing process and the right to appeal Plamiing Commission decisions to the City Council. 3. PUBLIC HEARING: A. CONDITIONAL USE PEIUIIT 05-1021 - 8772 Valley Boulevard (Pho King Restaurant) Angel Liu , of Plio King Restaurant, has submitted a conditional use permit application for a new On-Sale Beer and \Vine (Type 41) ABC. license for a bona fade public eating establishment, located in the C3-D (Medium Commercial in a Design Overlay) Zone. EXHIBIT B C, Presentation: Assistant Plattner Sherri Bermelo Staff Recommendation: APPIZ017E- subject to the conditions listed in "Exhibit A" for six (6) months. Chairman Lot called for questions from the Commissioners. • Chairman Lot questioned the adequacy of parking for the restaurant. Planning Assistant Bernlejo reviewed parking plan. Applicant(s): in the audience. Chairman Loi opened the public hearing to those IN FAVOR of this application. Raul Pardo, 9772 Valley Boulevard, represented the applicant. Mr. Pardo asked it the Commissioners had received (lie letter the applicant had prepared for them. Planning Assistant Bernlejo noted that the letter is Attachment B to the Staff Report. Mr. Pardo said that the applicant is a new owner of the business and that the past history of the property should not rellect negatively on the new owner. Ile further staled that they are only applying for a liquor license and do not feel that all the conditions of approval are appropriate under the circumstances. The applicant does not want to remove the karaoke machine which they are using as a public address system. Tile applicant also wishes to retain the parquet dance floor because they may wish to apply for an entertaimuent license eventually. Also, Mr. Pardo said the applicant does not wish to move the service counter into the kitchen as this would be very expensive and the counter is currently used by clients when seminars are conducted in the dining room. He further stated that lie could not understand the requirement to remove the lotto machine. Planning Director Johnson said that during his inspection of the property he noted that the karaoke machine is set up for use as a karaoke machine and not a public address system. He recommended that the conditions of approval remain unchanged because the physical layout of (lie building lends itself to the same type of problens that occurrec( in the past. Barrish Balin, a business associate of the applicant, stated ilia( the applicant is willing to remove the karaoke machine and replace it Nvith a computer. He said (lie applicant is still reluctant to remove the stage and parquet dance flour because they play want to apply for au entertaltllllent license eventually. Commissioner Kelty said that if Ms. Lui, the owner, would assure the Commissioners that the service counter would be used only for wine and beer, the parquet floor would not be used (oi- dancing and the stage used only for seminar speakers he would be willing to consider deleting Conditions 23 and 27 and add a new condition requiring the modification of the karaoke system to a presentation room. Plammig Director Johnson said that staff recommends that the conditions remained unchanged to reduce the possibility of reoccurrence of the very serious problems experienced in the past. F- I L • • Public hearing was opened to those who wished to OPPOSE the application: None. • There being no one Further wishing to address the Commission: Chairman Loi closed the public hearing segment for this project. MOTION BY COMNIISSiONER KELTY, SECONDED BY COMMISSIONER BREEN to API'iZ0 VI? Conditional Uw Permit 05-1021, Subject to conditions listed in "Exhibit A" except Conditions 23 and 27. Vote results: YES: BREEN, i ERRERA, KELTY, 1-01 AND LOPEZ NO: NONE ABSTAIN: NONE ABSENT: NONE 0 Chairman Loi declared said motion duly carried and so ordered. B. TENTATIVE TRACT MAP 061523/CONDITIONAL USE PERMIT 04-968 - 9129 Valley Boulevard. Chin-Yuen Chen has submitted an application for a Tentative Tract Map to subdivide three (3) existing parcels for the development of a mixed-use residential and commercial project consisting of two (2) buildings. Building "A" consists of 9,103 square feet of office and restaurant uses and Building "B" consists of sixteen (16) condominium units totaling 22,426 square feet above 11,098 square feet of office. Staff Recommendation: CONTINUE to October 17, 2005. C. TENTATIVE TRACT NIAP 063143/ZONE CHANGE 05-219/ZONE VARIANCE 05-332 ("DEVELOPMENT CONCEPT PLAN) - 4433 Walnut Grove Avenue. Ivan K. Ho has submitted an application for a Tentative Tract Map subdivision for eight (8) detached condominium units with a common driveway. The applicant is also requesting a Zone Change from R-1 (Single Family Residence) to R-3 (Medium Multi-Family Residence) zone and a Zone Variance to deviate from Ilse mimi nun required side yard setback. Presentation: Planning Director ,1oluison presented the staff report. Staff Recommendation: AI'l'ROVL- subject to the conditions listed in "Exhibit A" for two (2) 1'eal'S. Chairman Loi asked for questions from the Commissioners. None Applicant(s): In the audience. Chairman Loi opened the public hearing to those IN FAVOR of this application. 0 • • Simon Lee, the architect for the project, represented the applicant. Mr. Lee briefly described the project and offered to answer any questions for the Commissioners. Public hearing was opened to those who wished to OPPOSE the application: 1\ Is. Dana Ceval is, 4102 Bartlett Avenue, asked if the units had yards. Commissioner Kelty showed her where the plans showed yards for each unit. There being no one further wishing to address the Commission, Chairman Loi closed the public hearing segment for this project. MOTION BY CON11•IISSIONER IIER.RERA, SECONDED BY COMMISSIONER LOPEZ, to APPROVF Tentative Tract Flap 063143/Zone Change 05-219/Zone Variance 05-332, subject to conditions listed in "Exhibit A". Vole results: YES: BREEN, I-IERRERA, KELTY, LOPEZ AND LOI NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Loi declared said motion duly carried and so ordered. 4. CONSENT CALENDAR-These items are considered to be routine actions that may be considered in one motion by the Planning Commission. Any interested party may request an item from the consent calendar to be discussed separately. • A. RESOLUTION 05-42 - A RESOLUTION OF Tl IE; PLANNING COMMISSION OF TLIE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 05-1020, FOR AN ON-SAL,E BEER AND WINO, (TYPE 41) ABC LICENSE IN CONJUNCTION WITH AN EATING ESTABLISHMENT, LOCATED AT 9544 VALLEY BOULEVARD, IN THE C-313 (MEDIUM CO)\IA(ERCIAL WITH A DESIGN OVERLAY) ZONE. (APN: 8593-002-038). B. RESOLUTION 05-43 - A RESOLUTION OF THE PLANNING COMMISSION OF TILE CITY OF ROSEMEAD. COUNTY OF LOS ANGELES. STATE OF CALIFORNIA, APPROVING ZONE CHANGE 05-220. TO CHANGE THE CURRENT R-2 (LIGHT NIULTI-FAMILY RESIDENTIAL) ZONE TO THE PD (PLANNED DEVELOPT\-LENT) ZONE: AND PLANNED DEVELOPMENT REVIEW 05-01 (CONCEPTUAL), FOR THE DEVELOPMENT OF A SIX (6) UNIT CONDOMINIUM TRACT MAP SUBDIVISION WITH A COMMON DRIVEWAY, LOCATED AT 8440-3444 DOROTHY STREET. (APN: 5244-003-040. -041, -042). C. RESOLUTION 05-44 - A RESOLUTION OF THE PLANNING COMMISSION OFT[ IF. CITY OF ROSEMEAD. COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 05-130, FOR THE CONSTRUCTION OF A NEW LANDSCAPED PAIZICTNG LOT, LOCATED AT 4951-8959 VALLEY BOULEVARD IN • F- I L • THE CBD-D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE. (AI'N's: 5391-0121-036,-037,-038). D. RESOLUTION 05-45 - A RESOLUTION OF THE PLANNING COMMISSION OFTI IE CITY OF ROSENJEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL, USE PERMIT 05-1019 AND ZONE VARIANCE 05-335 FOR TI IF. ADDITION OF A SECOND STORY 558 SQUARE FOOT SECONDARY UNIT AND THE REDUCTION OF THE REQUIRED SIDF, PART) AND REAR YARD SETBACK, LOCATED AT 3879 NORTH DELTA AVENUE IN THE R-1 (SINGLE FAMILY RESIDENTIAL) ZONE (APN 5371-005-028). Chairman Loi presented the resolutions by title only. MOTION BY COMMISSIONER LOPEZ. SECONDED BY COMMISSIONER BREEN. to waive further reading and adopt said resolutions. Vole results: YES: BREEN, HERRERA, KELTY, LOPEZ and 1-01 NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Loi declared said motion duly carried and so ordered. 5. 01ZAL COAINIUNICATION FROM THE AUDIENCE Ms. Dolly Leong, 8455 Mission Drive, said that Planned Development Review 94-7 (Modification) was approved on July 6, 2004 subject to conditions, according to the minutes of that meeting. She stated that Condition Number 9 says that violation of the conditions will result in a citation and the initiation of revocation proceedings. Ms. Leong claims that to date the conditions have not been met by (lie property owner and she asked for the status of this case. Planning Director .Iohnson advised that this is an ongoing Code Enforcement case that leas been referred to the City Attorney. Ms. Barbara Delory, 4030 Bartlett Avenue, asked for the status of the Valley Motel case. She described several incidents of illegal activity and the overall poor condition of the property. Ms. Delory said [lie neighbors are most concerned about the type of clientele the hotel attracts. She also displayed pictures of the trash enclosures and mentioned that tile, street sweeper caimot gain access to clean the street at the Vallee I lolel because of low hanging branclies. Planning Director Johnson said that city staff has met with the owners of the hotel and their attorney and set conditions for compliance. The hotel owner has begun clean tip and remodeling. They are also required to develop a new landscaping plan. He further noted that the city will continue to follow up on the situation. • • Ms. Dana Cevalis, 4102 Bartlett Avenue, said she also lives behind the Valley Hotel and she described several incidents of illegal activity and said that she has been threatened for reporting these incidents to the Sheriff's Department. Planning Director Johnson said that the city xvill continue to work with the property owner and their legal representative until the situation is satisfactorily resolved or until the business is closed. T. Aukri LKS FROM CITY OFFICIALS AND STAFF Planning Director Johnson announced that Nancy Valderrama, City Clerk, will retire at the end of this month. He also said that the City Council Neill set a date for the special recall election at their October I 1 meeting. Plaming Director Johnson said that the notice for the re-hearing on the Wal-Mart Environmental Impact Report scheduled for December 13 have been mailed and posted. He further explained that the purpose of the re-hearing was to review alternate city sites appropriate for Wal-Mart. ADJOURNMENT: There being no other business to come before the commission. (lie meeting was adjourned at 11:50 p.m. I3 %V.I/t3i- • stalff epor • ROSEMEAD PLANNING COMMISSION PUBLIC HEARING STAFF REPORT TO: i I0NORABLE CHAIRMAN AND 1NEMBFRS ROSEIMEAD PLANNING COMMISSION FROM: PLANNING DEPARTMENT DATE: OCTOBER 3, 2005 SUBJECT: CONDITIONAL USE PERMIT lla-1021 8772 VALLEYBOULEVARD APPLICATION FOR A NEW ON-SALE BEER AND \VINE (TYPE 41) ABC ALCOHOL LICENSE FOR A BONA FIDE PUI3LIC EATING L'STABLISIINIL,'WT Project Description Angel Liu, of Pho King Restaurant, has submitted a Conditional Use Permit application for a new On-Sale Beer and `Vine (Type X41) ABC. license for a bona fide public eating establislunent, located in the C3-D Medium Commercial in a Design Overlay Zone. Public Notice On September 22, 2005, thirty-two (32) written notices Nvere mailed to property owners within 300 feet of the subject site. On September 22, 2005 eight (8) notices were posted in designated public places. Enviromiiental Analysis Section 15309 of the California Environmental Quality Act (CEQA) and local environmental guidelines exempt projects that consist of inspections to check for (lie performance of an operation, or for quality, health, or safety of a project. Accordingly, Conditional Use Permit 05-1021 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA. Nltruiicipal Code Requirements Section 17.1 12.030.9 of the Rosemead Municipal Code (RN1lC) allnNvs on-sale alcohol licenses in (lie C-l, C-3, CI3D and i\1 zones upon the granting of a conditional use permit (CUP). Section 17.112.010 sets the following criteria that roust be met: • That the conditional use permit applied for is authorized by the provisions of this title; and • That the granting of such conditional use permit will not adversely affect (lie eslablislied character of the surrounding neighborhood or be in to the property or improvements in such vicinity and zone. in which the property is located; and • That the establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons resisting or N-vrorking in the neighborhood; and Tliat the granting of such conditional use permit will not adversely affect the General Plan of the cite. A. Hi addition to the general findings required for the issuance or a conditional use permit, the Planning Commission, or on appeal the City Council, shall find that each of the following facts or conditions exist, prior to the issuance of a new conditional use permit authorizing the sale of alcoholic beverages: EXHIBIT C OSEMGAD f'LA1VN • conditional use permit, • The proposed use will not present problems including, but not limited to, loitering, obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with children on their way to school, interference with shoppers using streets, defacement and damage to structures; • The proposed use will not lessen the suitability of any nearby commercially zoned properties fir commercial use, • The use shall not adversely affect the welfare of area residents or result in undue concentration in the neighborhood of establislu»ents dispensing alcoholic beverages including beer and wine. Consideration shall be given regarding whether the proposed use will detrimentally affect nearby residentially zoned communities, considering distance to residential buildings, churches, schools, hospitals, public playgrounds, and other establishments dispensing alcoholic beverages. B. The burden of proving that the proposed use will not adversely affect the welfare of nearby residents, result in undue concentration of alcoholic beverage outlets, or detrimentally affect nearby residentially zoned communities sliall be the applicant's. C. This section shall not be applicable to applications necessitated by a change in ownership. This section shall not be applicable to the review process for extensions of existing conditional use permits. (Prior code § 9184.2) Property History & Description The subject site is a two-tenant complex located on Valley Boulevard, just west of'Muscatel Avenue. The total size of the lot is approximately 9,700 square feet. The lot is developed with a 5,500 square foot restaurant on the first story, and an approximate 630 square foot investment service office on the second story. On November 2, 1992, the Rosemead Planning Commission granted the transfer of an existing On Sale General Alcohol license (Type 47) to the. Da Du Corporation/Rose Room Restaurant. In March of 1993, the Rosemead City Council granted Dance and Entertainment licenses to the establisluuent. During the period of this restaurant's operation from January 1999 to December 2001, the Sheriffs' Department received numerous calls relating to serious and violent incidents occurring at this site. 'T'hese incidents included various gang related activities, ranging from gang fights to multiple homicides on the property. In December of 2001, the Rose Room was issued a Notice of Accusation regarding the revocation of the Dance Permit and Business License, due to the many violations that occurred at this site. The Rose Room entered into two Last Chance Agreements with the City to keep the restaurant open. Due to the strict conditions that were set forth in the Final Last Chance Agreement, the Owner of the Rose Room decided to close the establishment. Since the cease of the Rose Room operation, no new ABC licenses have been processed for this subject site. 0 • a n Site Analysis The site is designated in the General Plan as Commercial and Medium Commercial with a Design Overlay on the zoning map. The site is surrounded by the following land uses: North: General Plan: Commercial Zoning: C-31); Medium Commercial with Design Overlay Land (..Ise: Vacant land under development South: General Plan: Commercial Zoning: C-3D; Nledium Commercial with Design Overlay Land Use: Chamber of' Commerce East: General Plan: Commercial Zoning: C-31); Medium Commercial with Design Overlay Land Use: Professional Commercial Office Building • West: General Plan: Commercial Zoning: C-3D: Aledium Commercial with Design Overlay Land Use: Restaurant Administrative Analysis Conditional Use Permit 05-1021 consists of an application for a new On-Sale Beer and wine ('Type 41) ABC license for a bona fide public eating establishment. The State Department of Alcoholic Beverage Control (ABC) has indicated that the subject census tract (No. 4813.00), where this property is located, does not have an over concentration of On-Sale Beer and Wine licenses. ABC defines "over-concentration" as greater than one license per 1,185 residents living within the same census tract. The population of the census tract in which the subject property is located is 2,963. The number of allowable On-Sale Beer and Wine licenses for this census tract is three (3), currently there are zero (0) authorized on-sale licenses within the census tract. ABC does find this subject site to be within a high crime reporting district. This classification by ABC is determined by the total number of offenses per reporting district. The City of Rosemead is divided into seven (7) reporting districts. The district of this property, reports a higher number of offenses than the average number of offenses per district. However, ABC's report does not provide information on types of offenses. • Due to the history of extremely serious violent crimes occurring at this location, staff requested a comprehensive incident report from the Sheriff's Department from January 1, 2004 through September 2005. This report indicates that only two incidents were reported at this site, for this period. On March 18, 2005, a lost property report was recorded, and on May 29, 2005 a burglary report was recorded. Floor Plan The submitted plans indicate that the restaurant has a floor plan consisting of a reception area, a dining room, a banquet room, two (2) service counters, a kitchen (with a walk-in cooler), a storage room, two (2) offices and a dressing room. Upon a site inspection, staff found issues of concern that need to be addressed. The restaurant owner has installed a California Lotto machine in the reception area. Staff will require that this Lotto machine be removed, so that the establislunent is consistent Nvitli a "family restaurant" enviro►unent. In the banquet area of the restaurant, staff found a parquet dance floor measuring at least 18'- 0" X 21'- 0". Directly behind the dance floor, was a sophisticated at►tl►o-V►St►al entertainment system. The banquet room was equipped with large speakers in at least two corners of the room. This dance floor set-up and audio-visual system is utilized for Karaoke entertainment. According to City records, the applicant has not applied for, nor been granted, any type of entertainment or dance business license. Staff will require that the applicant remove the entire entertainment system, including the speakers, and dance floor from the restaurant. The service counter located in the banquet room, is designed to operate a full-service bar. Since the applicant will only be serving beer and %vine. staff has also added a condition that the bar be removed. This bar space will need to be added to the kitchen area, so that a larger refrigeration system can be installed for the storage of food and beverage items. Staff lound that the two offices in the establishment are currently being used as storage rooms. The applicant stated that he will be using these rooms as storage space, instead of office space. The floor plans will have to be redrawn with proper room labels as well as remodeling to remove the service bar at the rear of the business. Building Exterior Upon site inspection of this establislunent, staff did notice a fete improvements to the exterior of the building. Although the building appeared to have been recently painted, the applicant is in violation of the use of window signage. A condition has been added that the applicant reduce window signage, so that the signage does not exceed I5°'0 of the window area. Staff will require that all California Lotto signs and miscellaneous posters be removed from the exterior of the building. The applicant will also be required to remove the California Lotto antenna, currently located on the roof. A condition has been added that the applicant submit an elevation plan, indicating a proposed window treatment for the fi-ont window to screen the storage items in the storage room from public view. This plan must be approved by the Planning Department. Graffiti was also found on the front face of the building. Staff will require the applicant to maintain this establislullent graffiti free on a daily basis. Operations The hours of operation will be from 8 AM to 11 PM, daily, with seven (7) employees. The eating area will accommodate approximately sixty (60) customers. Parking & Circulation The subject site is part of a two-tenant complex, and shares a parking lot with an adjacent office building. The parking area is located between these two buildings and to the rear. Access to the site is available from both Valley Boulevard and Muscatel Avenue. Rosemead City Code (RMC) requires that restaurants (lave one (1) parking space for every one hundred (100) square feet of gross floor area. Accordingly. the total number of parking spaces required for this establisluuent is fifty- five (55). The site currently has a total thirty-nine (39) spaces on site, twenty-three (23) standard spaces, fourteen (1 4) compact spaces and two (2) handicapped spaces. This site continues to be legal non-conforming due to the deficiency in adequate parking spaces. Conclusion Staff feels the addition of an On-Sale Beer and Wine (Type X41) ABC license in conjunction with a bona fide public eating establishment would be consistent with the surrounding commercial properties and land uses in the general area. Staff is not confident that this license would not adversely affect the health, safety and welfare of the general public, due to past occurrences that took place years ago on this site. To prevent any foreseeable negative impacts to the adjacent neighborhood, staff has added numerous conditions, including but not limited to, the removal of the entertainment system, dance floor, and bar front the banquet area of the building, the location of patron and employee entrances and exits, interior lighting levels, graffiti removal, and parking lot • and landscaping upkeep, as well as high quality surveillance equipment. RECONINIENDATION Staffreconlmends that the Planning Commission APPROVE Conditional Use Permit 05-1021 for six (6) months. subject to the conditions outlined in exhibit "A". ATTACi I1\-11-N"I'S: A. Conditions of Approval B. Letter from applicant, dated September 29, 2005 C. Floor Plan/ Site Plan D. Assessor Parcel Map (APN: 5390-010-038) E. Zoning Map F. General Plan Map G. Application, filed August 11, 2005 9 0 0 EXHIBIT "A" CONDITIONAL USE PERMIT 05-1021 8772 Valley Boulevard (Pho King Restaurant) CONDITIONS OF APPROVAL October 3, 2005 Approval of Conditional Use Permit 05-1021 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit stating that he/she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions within ten (10) days of approval. 2. Conditional Use Permit 05-1021 is approved for six (6) months from the date of these conditions. At least thirty (30) days prior to the end of this six (6) month period, the applicant shall file a written extension request to the City of Rosemead Planning Department. 3. Conditional Use Permit 05-1021 is for an On-Sale Beer and Wine (Type 41) alcohol license. 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 off-sale consumption. 4. The following conditions must be complied with to the satisfaction of the Director of Planning prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 5. The hours of operation shall be posted on the front window or door. Hours of operation shall be limited to the hours of 8 AM to 11 PM. 6. The property shall comply with all appropriate Federal, State, and local laws relative to the approved use including the requirements of the Planning, Building, Fire, and Health Departments regulations. 7. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. Any trash area with grease containers shall have a roof structure in accordance with NPDES standards, subject to review of the Building Department. 8. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24-hour, Graffiti Hotline can be called at (626) 307-0463 for assistance. • 9. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010, .020, .030 and .040 of 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. 10. The parking area, including handicapped spaces, shall be paved and re-painted periodically to City standards to the satisfaction of the Planning Department. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such striping shall be maintained in a clear, visible, and orderly manner. 11. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of/4 inch contrasting in color and easily visible at driver's street level. The location, color, and size of such signs shall be subject to the Planning Director's approval. 12. The applicant shall keep the electrical and mechanical equipment and/or emergency exits free of any debris, storage, furniture, etc and maintain a minimum clearance of five (5) feet. 13. A current letter grade issued to the business by the LA County Dept. of Health Services shall be properly posted at the restaurant. ~ i i 14. The applicant shall comply with Ordinance No. 567, which requires the posting of a sign prohibiting consumption of alcoholic beverages adjacent to the premises within parking lots and public sidewalks. Such signs are subject to the planning director's approval. 15. Window signage area shall be limited to a maximum of 15% of the window and door area. The applicant shall remove all that signage which exceeds the 15% coverage area. 16. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Specifically, signs shall not cover more than 15% of window area or 25% of wall areas. All signs must comply with Section 17.104.080 regarding identification of the business in English. All illegal signs without permits shall be removed. New signs require that plans be submitted to the Planning Department for review. 17. All patron and employee entrances and exits must be through the front door on Valley Boulevard. The back door must be kept closed to the public at all times. The back door shall be limited to the delivery of supplies for the restaurant. 18. Interior lighting must be maintained at a level approved by the City and Sheriff's Department. 19. Plywood above rear service entrance at top of wall shall be stuccoed to match building. 40 20. The applicant shall remove the California Lotto machine from the establishment. The roof antenna shall also be removed from the exterior of the building. 21. The applicant shall remove all audio-visual entertainment system equipment from the restaurant. No karaoke type machine shall be permitted in the establishment. 22. The restaurant shall not be permitted to allow any type of Entertainment or Dance Business License, until such time it is granted by the City Council after applicable hearings are held. 23. The service counter/bar located in the banquet room shall be removed. This floor space shall be added to the kitchen area, so that a larger refrigeration system can be installed for the storage of food and beverage items. 24. The applicant shall remove all California Lotto signs and miscellaneous posters from the exterior of the building. 25. The office space designated on the site plan, labeled Exhibit B, shall be re-designated as storage space. 26. The applicant shall submit an elevation plan, indicating a proposed window treatment • for the front window to screen the storage items in the storage room from public view. This plan shall be approved by the Planning Department. 27. The existing wood dance floor shall be completely removed and replaced with carpet to match the remainder of the banquet room. 28. A security system shall be designed to the satisfaction of the Sheriff's Department, which shall include surveillance of arrivals, departures, and parking areas from the office and security hardware, cameras, alarms, and lighting. 29. The subject property is approved for restaurant use and beer and wine are served only to accompany meals. The sale of alcohol shall be limited to the hours of operation for the restaurant. 30. Any changes to the conditions of operation listed in this Exhibit "A" must first be approved by the Planning Commission through a modification application. 31. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings. • 0 • PC RESOLUTION 05-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 05-1021, FOR A NEW ON- SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR ['110 KING RESTAURANT, A BONA FiNDE PUBLIC EATING ESTABLISHMENT, LOCATED AT 8772 E. VALLEY BOULEVARD IN THE CBD (CENTRAL BUSINESS DISTRICT) ZONE. (APN: 5390-010-038). WHEREAS, on August 11, 2005, Angel Liu of Pilo King Restaurant, 8772 E. Valley Boulevard, Rosemead, CA 91770, filed a conditional use permit application for a new On-Sale Beer and Wine (Type X11) Public Eating Establislurnent ABC license in conjunction with an existing restaurant, located at 8772 E. Valley Boulevard; and «'IIEREAS, 8772 E. Valley Bouelvard is located in the CBD (Central Business District) Zoning; and WIIEREAS, Section 17.1 12.030.9 of the Rosemead Municipal Code (RMC) permits on- sale of alcoholic beverages in the C-l, C-3, CBD, and M zones upon the granting of a Conditional • Use Permit (CU11). Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use deemed: 1'he establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood. or to the general welfare of the City. In addition to the general findings required for the issuance of a conditional use permit, the Planning Commission, or on appeal the City Council, shall find that each of the following facts or conditions exist, prior to the issuance of a new conditional use permit authorizing the sale of alcoholic beverages: • The proposed use complies with all requirements as set forth 16r the issuance of a conditional use permit: • llic proposed use will not present problems including, but not limited to, loitering, obstruction of pedestrian traffic., vehicular traffic, parking, crime, interference with children on their way to school, interference with shoppers using streets, defacement and damage to structures; • The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; • • The use shall not adversely affect the welfare of area residents or result in undue concentration in the neighborhood of establishments dispensing alcoholic beverages including beer and wine. Consideration shall be given regarding whether the proposed use will detrimentally affect nearby residentially zoned communities, considering distance to residential buildings, churches, schools, hospitals, public playgrounds, and other establishments dispensing alcoholic beverages. The burden of proving that the proposed use will not adversely affect the welfare of nearby residents, result in undue concentration of alcoholic beverage outlets, or detrimentally affect nearby residentially zoned communities shall be the applicant's. This section shall not be applicable to applications necessitated by a change in ownership. This section shall not be applicable to the review process for extensions of existing conditional use permits. (Prior code S 9181.2) EXHIBIT D • • WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.1 12.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS, Sections 17.1 12.010 of the Rosemead Municipal Code specifies the criteria by which a conditional use permit may be granted; and WHEREAS, on September 22, 2005, 32 notices were sent to property owners within a 300- foot radius from the subject property, in addition to notices posted in 10 public locations, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 05-1021; and WHEREAS, on October 3, 2005, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 05- 1021; and WI iEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the 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 Conditional Use Permit 05-1021 is Categorically Exempt tinder Section 15309 of the. California Environmental Quality Act (CEQA) and local envirorumental guidelines covering projects consisting of inspections to check for the performance of an operation, or for duality. Health, or safety of a project. Accordingly, Conditional Use Permit 05-1021 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify, approving Conditional Use Permit 05-1021 according to the Criteria of Chapter 17.1 12.010 and 17.1 12.100 of the Rosemead Municipal Code as follows: A. The establislunent. maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working the neighborhood thereof, FINDING: This site will be operated in accordance with applicable City regulations, and is in conformily Nvith the development in and around the project site. Regular inspections by the Plaiming Department. State ABC and the Sheriffs Department will ensure that tine location is monitored for compliance with conditions. B. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case be detrimental or injurious to tine property and improvements in the neighborhood. FINDING: The proposed use is located within an established central business district/ commercial district of the City, and is designated Commercial in the General Plan. The proposed use is in conformity with the General Plan, in that the policies of tine General Plan encourage complementary uses that Nvill contribute to the economic well being of the commercial areas of the City. Conditions Have been added to the approval to protect the adjacent residential neighborhoods. C. The establislunent, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case be detrimental or injurious to the general welfare of the City. FINDING: The proposed use will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit. The Department of Alcoholic Beverage Control has found that there is not an "over- concentration" of On-Sale Beer and Wine Type 41 Public Eating licenses within the census tract, ~J however, this tract is within a high cringe district per ABC standards. NI iinteilance and operational conditions have been added to address aesthetic and potential negative impacts to the adjacent residential neighborhoods. Additional Required Findings of Fact: 1) The proposed use complies with all requirements as set forth for the issuance of a conditional use permit: I+'INDING: The above stated findings meet the requirements set forth in the issuance of a cup. 2) The proposed use will not present problems including, but not limited to, loitering, obstruction of pedestrian traffic, vehicular traffic, parking, cringe, interference with children oil their way to school, interference with shoppers using streets, defacement and damage to structures; FINDING: The proposed use is compatible Nvith the existing land use of a sit down restaurant envirolunent and the property is situated in an area that does not hinder vehicular traffic and pedestrian circulation. 'File Sheriffs department will make periodic inspections of the property • and conduct annual reviews to ensure that crime activitdoes not become a problem. A security system will be put in place to ensure that all portions of-the property are monitored and recorded for storage and review by law enforcement personnel. 3) The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; FINDING: The proposed use will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit. The Department of Alcoholic Beverage Control has found that there is not an "over- concentration" of On-Sale Beer and Wine 4) The use shall not adversely affect the welfare of area residents or result in undue concentration in the neighborhood of establishments dispensing alcoholic beverages including beer and wine. Consideration shall be given regarding whether the proposed use will detrimentally affect nearby residentially zoned communities, considering distance to residential buildings, churches, schools, hospitals, public playgrounds, and other establishments dispensing alcoholic beverages. FINDING: The proposed use will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit. The Department of Alcoholic Beverage Control has found that there is not an "over- concentration" of On-Sale Beer and Nine. The location is in close proximity to a public playground adjacent to the Rosemead Community and Recreaton Center. However, the location is also near the City Civic Center and City staff along with Sheriff personel frequent this area and are in close proximity to view any problematic situations that may occur. SECTION 3. The Planning Conunission HEREBY APPROVES Conditional Use Permit 05-1021, to allow the issuance of a new On-Sale Beer and Wine (Type 41) ABC license in conjunction with an existing restaurant, on the property located at 8772 Valley Boulevard, subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4. This resolution is the result of an action taken by the Planning Commission on October 3, 2005, by the following vote: YES: BREEN, IIL-RRERA, KELTY, LOI, LOPEZ NO: NONE ABSTikIN: NONE ABSENT: NONE 0 l_J SECTION 5. The secretary shall certify to the adoption of this resolution and sliall transmit copies of same to the applicant and the to Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 17th day of O "ober, 200 . -l1 Duc Loi Chairman _ `-1; CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Conumssion of the City of Rosemead at its regular meeting, held on the 17`x' day of October 2005, by the i following vote: YES: BREEN, HERRERA, KELTY, LOI. LOPEZ NO: NONE ABSTAIN: NONE ABSENT: NONE. Brad,Xluison, Secretary n U 0 W 4 W 4 N~~U1N ci V N ~N - oc o o y ~VVG ttrcC4 < 4 < < nnaa .5' I I l 1 5p' I I I 17 33 I I i 1 I 1 1 1 1 I I I 1 I t 50 I I 1 1 3~ tT I I I 7 I 1 I 1 1 t 1 1 1 517' 33' ~p 1Jp 1J G 50 33' 572'2 t'aSE - 425.85' EXHIBIT E ~ MUSCATEL 902'2t'45•E AVENUE _ - C • APPROVED QTY OF RD7EKM AUIYOC Dlekanm+r SIGNMRE xo. IE ~ryry~ LLfDU.O'I P ■bIMA1MG'tl Mf R1N MI IA( IBIAR([J nrM/J( nn~ NvnnN. lou~un RAMPL UrNr:rm E[:]:] ED EF17 ED [[:p q::11 slat wwchdFT -koH. pNirNG Foots olh.T) 0-71 i I olmN, FPM • (•,wicn ou ncwkc ~qn.a I Fm w.wq F'-~ r.~ x.w odu ~3'~En YY.uuwa ¢wriWNn~ ~ Wnl a~~u' ~W,~7 ~ +x{ .NNsI~ nt NRfw ..a.1`c~e ~ Ii ~ryrl.a .NT ar.T -um- MPp1l NCPL n y♦ yq~ V Ole i n!f'I •7wJK ~'~y/w' 4~00~7* ~Ii~~. ryiw.(T 41,jLHfA ~M1RI rs• PF4UN.- nv ECSUI°^Er4T 6C4EOULE (AUr~Me) ,~~w a.LL v+'gtt dyi~•. ~.•p aV~wu~ mLj" qa'F-T P e V AINF w/ Mq F~F I r vraMN 4 Ajo4l xF A ATt ftVIGC ~xPfsg> rN •tw n~ 1b1.e w F NGE N6 WFAic vI H~rJecwlTcrl W Fh7E1` '5. ap LLv)NrI 1 erl'III o' IE L Ik- r/. NUA n.-:93..4+ kAND uNF .LG WF-IMNE rlPr>.e. sM1X d~:'NrD (g` p•,ccwlNilF e,fnoo ~ti eviNK w INpNFoADnuNp y'. ~7A~oe .jJ y F sof siNka R Cr r+ W N m N T' M) mHI %,,J INN AFmT I~ Cy' o~NKRw~N N Fig) III I~.'rh6lfa 4:ss^~C o~4JT~. I~t mcD ri.PJ.E a yt Ig ~~a afUNTFF IL ~F FR6l1Ef, Y. Q }e N. sNq pr.~u j Iw) I, ALL bodljN&Ij HUtTR rN w•wbG~~mklpmDd o gar 4N' D ~U~&T zeds t~+}t~~1 O - \ 1![PI 4 vo tn' ~ / I I - oINiFJq PmhT 7~~ I OPF R PLf\N Lr_ -~c+MFti I Z Fd a c 0. 2 4 W Ld A mr T LL ~i a.. FN p Yao • • • PICTURES FROM PHO KING RESTAURANT SITE INSPECTION November 15, 2005 • • EXHIBIT F r1 ~J r~ 0 C J • 0 • 0 • I -I LJ • I i 0 0 f m Posters on Exterior of Building 4 0 • • 0 M VWirndow, on North Elevation: No proposed window treatment to screen items has been submitted to the Planning Department. • RESOLUTION 2005-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DENYING APPEAL AND APPROVING CONDITIONAL USE PERMIT 05-1021, ESTABLISHING CONDITIONS OF APPROVAL FOR A NEW ON-SALE BEER AND WINE (TYPE 41) ABC ALCOHOL LICENSE FOR A BONA FIDE PUBLIC EATING ESTABLISHMENT AT THE PHO KING RESTAURANT; LOCATED AT 8772 VALLEY BOULEVARD IN THE C3-D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN 5390- 010-038). WHEREAS, on August 11, 2005, Angel Liu, of the Pho King Restaurant, filed an application for a Conditional Use Permit for a new On-Sale Beer and Wine (Type 41) ABC license for a bona fide eating establishment; WHEREAS, on October 3, 2005, the Rosemead Planning Commission approved Conditional Use Permit 05-1021 and thereafter adopted Resolution 05-47 making findings and determinations with regard to the approvals; WHEREAS, on October 12, 2005, Jay T. Imperial, Mayor of City of Rosemead, filed an appeal of the Planning Commission approval of Conditional Use Permit 05-1021; WHEREAS, this property located at 8772 Valley Boulevard is located in the C3-D (Medium Commercial with a Design Overlay) zone; WHEREAS, Section 17.112.010 of the Rosemead Municipal Code (RMC) provides the purpose and criteria for granting conditional use permit, • That the conditional use perniit applied for is authorized by the provisions of this title; and • That the granting of such conditional use permit will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located; and • That the establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood; and • That the granting of such conditional use permit will not adversely affect the General Plan of the city. WHEREAS, Sections 65800 & 65900 of the California Government Code and Section • 17.124.070 of the Rosemead Municipal Code authorizes the City Council to approve, disapprove, or modify the decision of the Planning Commission, and its decision shall be final on applications; and WHEREAS, Section 17.112.100 provides the criteria by which the Planning Commission and on appeal the City Council may approve, approve with conditions, or deny an application, for a new ABC license: • The proposed use complies with all requirements as set forth for the issuance of a conditional use permit; • The proposed use will not present problems including, but not limited to, loitering, obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with children on their way to school, interference with shoppers using streets, defacement and damage to structures; • The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; • The use shall not adversely affect the welfare of area residents or result in undue concentration in the neighborhood of establishments dispensing alcoholic beverages including beer and wine. Consideration shall be given regarding whether the proposed use will detrimentally affect nearby residentially zoned communities, considering distance to residential buildings, churches, schools, hospitals, public playgrounds, and other establishments dispensing alcoholic beverages. WHEREAS, on November 9, 2005, 32 notices were sent to property owners within a 300- foot radius from the subject property, in addition to notices posted in 8 public locations on November 12, 2005, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 05-1021 APPEAL; WHEREAS, on December 27, 2005, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 05-1021 APPEAL; WHEREAS, the Rosemead City Council has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemead as follows: SECTION 1. The City Council HEREBY DETERMINES Conditional Use Permit 05-1021 is entitled to a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA Regulations. Section 15309 and local environmental guidelines exempt projects that consist of inspections to check for the performance of an operation, or for quality, health, or safety of a project. • • SECTION 2. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The conditional use permit applied for is authorized by the provisions of this title; and FINDING: Section 17.112.030.9 of the Rosemead Municipal Code (RMC) allows on-sale alcohol licenses in the C-1, C-3, CBD and M zones upon the granting of a conditional use permit (CUP). B. That the granting of such conditional use permit will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located; and FINDING: To prevent any foreseeable negative impacts to the adjacent neighborhood, staff has added numerous conditions, including but not limited to, graffiti removal, and parking lot and landscaping upkeep, as well as high quality surveillance equipment. C. That the establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood; and FINDING: To prevent any foreseeable negative impacts that could be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood, staff has added numerous conditions, including but not limited to, the removal of the entertainment system, the location of patron and employee entrances and exits, and interior lighting levels. D. That the granting of such conditional use permit will not adversely affect the General Plan of the city. FINDING: The proposed project is consistent would be consistent with the surrounding commercial properties and land uses in the general area. SECTION 3. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit according to the Permit Issuance Conditions for Alcoholic Beverage Sales, Section 17.112.100 of the Rosemead Municipal Code as follows: A. The proposed use will not present problems including, but not limited to, loitering, obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with children on their way to school, interference with shoppers using streets, defacement and damage to structures; FINDING: Staff requested a comprehensive incident report from the Sheriff's Department • 0 from January 1, 2004 through September 2005. This report indicates that only two incidents were reported at this site, for this period. On March 18, 2005, a lost property report was recorded, and on May 29, 2005 a burglary report was recorded. Staff has also added numerous conditions prevent any foreseeable negative impacts to the adjacent neighborhood. B. The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; FINDING: A bona fide public eating establishment would be consistent with the surrounding commercial properties and land uses in the general area. C. The use shall not adversely affect the welfare of area residents or result in undue concentration in the neighborhood of establishments dispensing alcoholic beverages including beer and wine. Consideration shall be given regarding whether the proposed use will detrimentally affect nearby residentially zoned communities, considering distance to residential buildings, churches, schools, hospitals, public playgrounds, and other establishments dispensing alcoholic beverages. FINDING: The State Department of Alcoholic Beverage Control (ABC) has indicated that the subject census tract (No. 4813.00), where this property is located, does not have an over concentration of On-Sale Beer and Wine licenses. SECTION 4. The City Council HEREBY DENIES THE APPEAL and APPROVES established conditions of approval for Conditional Use Permit 05-1021 for a new On-Sale Beer and Wine (Type 41) ABC license for a bona fide eating establishment, subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 7. This resolution is the result of an action taken by the City Council on December 27, 2005, by the following vote: YES: CLARK, NUNEZ, TAYLOR, and TRAN NO: IMPERIAL ABSENT: ABSTAIN: SECTION 8. The City Clerk shall certify to the adoption of this resolution and shall transmit copies of same to the applicant, the appellant and the Rosemead Planning Department. PASSED, APPROVED and ADOPTED this 27th day of December, 2005. Jay T. Imperial, Mayor Nina Castruita, City Clerk 0 • CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROSEMEAD I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2005-41 being: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DENYING APPEAL AND APPROVING CONDITIONAL USE PERMIT 05-1021, ESTABLISHING CONDITIONS OF APPROVAL FOR A NEW ON-SALE BEER AND WINE (TYPE 41) ABC ALCOHOL LICENSE FOR A BONA FIDE PUBLIC EATING ESTABLISHMENT AT THE PHO KING RESTAURANT; LOCATED AT 8772 VALLEY BOULEVARD IN THE C3-D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN 5390-010-038). was approved at a regular meeting of the City Council on the 27`h day of December, 2005, and that thereafter, said Resolution was duly adopted and passed at a regular meeting of the City Council on the 27`h' day of December, 2005, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: NINA CASTRUITA, City Clerk • EXHIBIT "A" CONDITIONAL USE PERMIT 05-1021 8772 Valley Boulevard (Pho King Restaurant) CONDITIONS OF APPROVAL December 27, 2005 Approval of Conditional Use Permit 05-1021 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit stating that he/she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions within ten (10) days of approval. 2. Conditional Use Permit 05-1021 is approved for six (6) months from the date of these conditions. The applicant shall make progress towards initiation of proposed use or request an extension 30 days prior to expiration from the Planning Commission. Otherwise Conditional Use Permit 05-1021 shall become null and void. A status report will be prepared by the Planning Department, to update the Planning Commission and City Council on the restaurant's compliance, one year from the date of the restaurant's first alcohol beverage sale. 4. Conditional Use Permit 05-1021 is for an On-Sale Beer and Wine (Type 41) alcohol license. 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 off-sale consumption. 5. The following conditions must be complied with to the satisfaction of the Director of Planning prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 6. The hours of operation shall be posted on the front window or door. Hours of operation shall be limited to the hours of 8 AM to 11 PM. 7. The property shall comply with all appropriate Federal, State, and local laws relative to the approved use including the requirements of the Planning, Building, Fire, and Health Departments regulations. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. Any trash area with grease containers shall have a roof structure in accordance with NPDES standards, subject to review of the Building Department. 0 0 9. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24-hour. Graffiti Hotline can be called at (626) 307-0463 for assistance. 10. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010, .020, .030 and .040 of 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. 11. The parking area, including handicapped spaces, shall be paved and re-painted periodically to City standards to the satisfaction of the Planning Department. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such striping shall be maintained in a clear, visible, and orderly manner. 12. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of/, inch contrasting in color and easily visible at driver's street level. The location, color, and size of such signs shall be subject to the Plamiing Director's approval. 13. The applicant shall keep the electrical and mechanical equipment and/or emergency exits free of any debris, storage, furniture, etc and maintain a minimum clearance of five (5) feet. 14. A current letter grade issued to the business by the LA County Dept. of Health Services shall be properly posted at the restaurant. 15. The applicant shall comply with Ordinance No. 567, which requires the posting of a sign prohibiting consumption of alcoholic beverages adjacent to the premises within parking lots and public sidewalks. Such signs are subject to the planning director's approval. 16. Window signage area shall be limited to a maximum of 15% of the window and door area. The applicant shall remove all that signage which exceeds the 15% coverage area. 17. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Specifically, signs shall not cover more than 15% of window area or 25% of wall areas. All signs must comply with Section 17.104.080 regarding identification of the business in English. All illegal signs without permits shall be removed. New signs require that plans be submitted to the Planning Department for review. 18. All patron and employee entrances and exits must be through the front door on Valley Boulevard. The back door must be kept closed to the public at all times. The back door shall be limited to the delivery of supplies for the restaurant. 19. Interior lighting must be maintained at a level approved by the City and Sheriffs Department. 20. Ply-A,ood above rear service entrance at top of wall shall be stuccoed to match building. 21. The applicant shall remove all audio-visual entertainment system equipment from the restaurant. No karaoke type machine shall be permitted in the establishment. 22. The restaurant shall not be permitted to allow any type of Entertainment or Dance Business License, until such time it is granted by the City Council after applicable hearings are held. 23. The applicant shall remove all California Lotto signs and miscellaneous posters from the exterior of the building. 24. The office space designated on the site plan, labeled Exhibit B, shall be re-designated as storage space. 2-5. The applicant shall submit an elevation plan, indicating a proposed window treatment for the front window to screen the storage items in the storage room from public view. This plan shall be approved by the Planning Department. 26. A security system shall be designed to the satisfaction of the Sheriffs Department, which shall include surveillance of arrivals, departures, and parking areas from the office and security hardware, cameras, alarms, and lighting. 27. The subject property is approved for restaurant use and beer and wine are served only to accompany meals. The sale of alcohol shall be limited to the hours of operation for the restaurant. 28. Any changes to the conditions of operation listed in this Exhibit "A" must first be approved by the Planning Commission through a modification application. 29. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings.