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PC - 2009-11 - Approving Conditional use PErmit 09-02 for New On Sale Beer and Wine at 8801 Valley Blvd.PC RESOLUTION 09-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 09-02, FOR A NEW ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR SUNDAY @ ROSEMEAD RESTAURANT LOCATED AT 8801 VALLEY BOULEVARD, IN THE CBD-D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE. WHEREAS, on May 11,2009, Jian Q. Guan filed a Conditional Use Permit application requesting approval for a new On-Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating place, to be located at 8801 Valley Boulevard; and WHEREAS, 8801 Valley is located in the CBD-D (Central Business District with a Design Overlay) Zone; and WHEREAS, Section 17.112.030 (9) of the Rosemead Municipal Code (RMC) permits on-sale and off-sale of alcoholic beverages in the C-3, CBD, and M zones upon the granting of a Conditional Use Permit (CUP). Rosemead Municipal Code Section 17.112.010 sets the following criteria required for granting Conditional Use Permits. These criteria require that the Planning Commission make the following findings: The 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 in 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, RMC Section 17.112.100, requires that the Planning Commission, or on appeal the City Council, must 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 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. 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 does not apply to applications necessitated by a change in ownership. This section does not also apply to the review process for extensions of existing Conditional Use Permits. Therefore, since this application does not involve change of ownership or extension of existing license, the requirements for issuance of a Conditional Use Permit as set forth in the Municipal Code will apply. WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny Conditional Use Permits; and WHEREAS, Sections 17.112.010 of the Rosemead Municipal Code specifies the criteria by which a Conditional Use Permit may be granted; and WHEREAS, on June 4, 2009, sixty seven (67) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in five (5) public locations and on site, specifying the availability of the application, including the date, time and location of the public hearing for Conditional Use Permit 09-02; and WHEREAS, on June 15, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 09-02; and WHEREAS, 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 09-02 is Categorically Exempt from environmental analysis pursuant to Section 15301 of the California Environmental Quality Act (CEQA) and local environmental guidelines which exempts projects that consist of operation, maintenance, permitting, licensing, leasing or minor alteration of existing public or private structures involving negligible or no expansion of an existing use beyond that existing at the time of the Lead Agency's determination. Accordingly, Conditional Use Permit 09-02 is classified as Class 1 Categorical Exemption pursuant to Section 15301 of CEQA guidelines. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 09-02 according to the Criteria of Chapter 17.112.010, 17.112.030 and 17.112.100 of the Rosemead Municipal Code as follows: A. The 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 in the neighborhood thereof. FINDING: The use will be operated in accordance with applicable City, State and Federal regulations and the proposed restaurant is in conformity with the commercial establishments in and around the project site. Regular inspections by the City staff, State ABC and the Sheriff's Department will ensure that the location is monitored for compliance with conditions of approval and land use regulations. Regular inspection will ensure that selling alcohol in conjunction with a bona fide restaurant at this site will not be detrimental to the general welfare of persons residing in the area. Therefore, the proposed establishment will not infringe upon the health, safety and comfort of persons working or living in the neighborhood. 11 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 the property and improvements in the neighborhood. FINDING: The proposed use is located within an established commercial district of the City. The proposed use is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will contribute to the economic well being of the commercial areas of the City. Conditions have been added to protect the adjacent residential neighborhoods from being affected by this commercial establishment. C. 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 the general welfare of the City. FINDING: The proposed restaurant will not endanger or otherwise constitute a menace to the general welfare of the City, as conditions of approval will be enforceable upon the issuance of this permit. Specific maintenance and operational conditions of approval have been added to address potential negative impacts to the adjacent commercial uses that may result from the restaurant. These conditions include, but are not limited to, the posting of a sign to prohibit consumption of alcoholic beverages adjacent to the premises or within parking lot and public sidewalks and no alcohol is to be sold for the purpose of off-site consumption. D. 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: The serving of beer and wine as an ancillary use to a full-service dine-in restaurant will not cause obstructions to pedestrian traffic, vehicular traffic or parking. The applicant will be required to install an automated surveillance system which will deter problems such as loitering and damage of structures. Regular inspections by the City staff, State ABC and the Sheriff's Department will ensure that the location is regularly monitored such that the serving of beer and wine will not interfere with shoppers or result in defacement of surrounding properties. D. 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 commercial properties, as conditions of approval have been incorporated upon the issuance of this permit to uphold the integrity of the site and the nearby properties. The use will only involve serving of alcohol within an existing restaurant which will be consistent with existing restaurants in the area. The majority of businesses along Valley Boulevard are retail and similar restaurants that will be in harmony with the proposed use. E. 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 specific conditions of approval will be in effect upon the issuance of this permit. Although the Department of Alcoholic Beverage Control has found that there is an "overdue concentration" of On-Sale beer and wine licenses for this census tract, the City of Rosemead currently has no guidelines specifying the maximum number of ABC licenses allowed in a census tract. Therefore, all data obtained from Department of Alcoholic Beverage Control and other agencies is only advisory information. Furthermore, conditions of approval outlining acceptable measures to mitigate any potential problems with the addition of alcohol sales at this property will minimize the impact of undue concentration. Additionally, with respect to undue concentration, the applicant will have to provide the burden of proof to the State Department of ABC during their application permitting process. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 09-02, to allow the issuance of a new On-Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating place located at 8801 Valley Boulevard. SECTION 4. This resolution is the result of an action taken by the Planning Commission on June 15, 2009, by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER, RUIZ NO: NONE ABSTAIN: NONE ABSENT: NONE SECTION 5. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and to the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 15th day of June, 2009. G~/L({ Tana Herre a, Chairwoman CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 15th day of June 2009, by the following vote: YES: ALARCON, ENG, HERRERA, HUNTER, RUIZ NO: NONE ABSTAIN: NONE ABSENT: NONE A n 4 Sheri Bermejo, Secretary EXHIBIT "B" CONDITIONAL USE PERMIT 09-02 8801 Valley Boulevard CONDITIONS OF APPROVAL June 15, 2009 1. Conditional Use Permit 09-02 is approved for a new On-Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating establishment, to be developed in accordance with the plans marked Exhibit "C", dated May 11, 2009. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Conditional Use Permit 09-02 is approved for six (6) months from the Planning Commission approval date. The applicant shall make progress towards initiation of proposed use, or request an extension from the Planning Division within 30 days prior to expiration date. Otherwise Conditional Use Permit 09-02 shall become null and void. 3. Approval of Conditional Use Permit 09-02 shall not take effect for any purpose until the applicant has filed, with the City of Rosemead, a notarized affidavit stating that he/she is aware of and accepts all of the conditions set forth in the Letter of Approval and this list of conditions, within ten (10) days of approval 4. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 5. The premises shall be maintained as a full-service restaurant at all times. Kitchen facilities are required to be open and available for food preparation during operating hours. 6. Any changes to the conditions of operation listed in this Exhibit "B" must first be approved by the Planning Commission through a modification application. 7. The sale of alcoholic beverages shall be incidental to the sales of food. No lounge area may be constructed without prior approval by the City's Planning Commission. 8. All requirements and appropriate licenses of the State of California and California State Department of Alcohol Beverage Control shall be complied with and maintained at all times. No alcohol is to be sold for the purpose of off-site consumption. Conditional Use Permit 09-02 is for an On-Sale Beer and Wine (Type 41) alcohol license in conjunction with a bona fide public eating place only. 9. There shall be no dancing, live music, or other live entertainment permitted at the subject restaurant without prior approval of an entertainment permit through the City Business License Clerk. 10. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to the hours of 7:00 am to 11:00 pm Sunday through Thursday and 7:00 am to 1:00 am Friday and Saturday. A request by the business owner to extend the hours of operation past 1:00 am will require approval by the Rosemead Planning Commission (modified by the Planning Commission on June 15, 2009). 11. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Window signs shall not cover more than 15% of window and glass door areas. All banners and temporary signs shall be permitted by the Rosemead Planning Division prior to installation. Wall signs and tenant identification signs shall be reviewed and approved by the Rosemead Planning Division prior to installation. 12. 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 Division approval. 13. No advertisements or illuminated signs shall be displayed that are visible from the exterior of the restaurant which advertises alcoholic beverages. 14. No karaoke-type machine or audio-visual entertainment system shall be located in the restaurant without prior approval by the Rosemead Planning Division and subject to Section 5.48 of the Rosemead Municipal Code. 15. Interior lighting shall be maintained at an illumination level that is typical and appropriate for a family restaurant. Any request to reduce the existing illumination levels for the interior of the restaurant shall be approved by the City Planning Division. 16. 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 Department regulations. 17. 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. 18. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. Any activity related to the operation of the restaurant involving the handling or disposing waste materials shall comply with local, state and federal laws and policies. 19. All graffiti shall be removed from the site. 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) 569-2345 for assistance. 20. A current letter grade issued to the business by the Los Angeles County Department of Health Services shall be properly posted at the restaurant. 21. All landscaped areas shall be maintained with adequate landscaping and shall be maintained on a regular basis including the removal of trash, weeds and litter. 22. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards, to the satisfaction of the Planning Division. 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. 23. The applicant shall ensure that the address number is posted over the entrance to the restaurant. The numbers of the address sign 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. 24. 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. 25. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Window signs shall not cover more than 15% of window and glass door areas. All banners and temporary signs shall be permitted by the Rosemead Planning Division prior to installation. Within 30 days of this approval, the applicant shall remove all excess window signage that exceeds 15%. 26. Within thirty (30) days of this approval, old holiday decorations (including lights) shall be removed from the building. 27. Within thirty (30) days of this approval, all handbills affixed to the light poles in the parking lot area shall be removed. 28. Within thirty (30) days of this approval, all exposed nails and other hazards protruding from the existing signs and wood posts shall be removed. 29. The business owner and/or the successors of the business shall install and maintain a 24-hour operational surveillance system. A surveillance system shall be designed to the satisfaction of the Planning Division and the Sheriff's Department which shall include surveillance of arrivals and departures of patrons. It shall be the responsibility of the business owner to keep all surveillance recordings for a minimum of one (1) year and such surveillance recordings shall be surrendered to law enforcement agencies upon request. 30. The business owner shall employ a private security guard to monitor all activities related to Sunday @ Rosemead restaurant. The private security guard must be on site Sunday through Thursday from 5:00 pm to 11:00 pm and on Friday and Saturday from 5:00 pm to 1:00 am (modified by the Planning Commission on June 15, 2009). 31. The Planning Commission hereby authorizes the Planning Division to approve and or make minor modifications to the approved project. 32. This Conditional Use Permit is granted or approved with the City of Rosemead and its Planning Commission retaining and reserving the right and jurisdiction to review and to modify the permit-including the conditions of approval-based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on this project. 33. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and. employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the Planning Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 34. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings.