PC - Item 4C - Conditional Use Permit 10-05 7621 Garvey AvenueROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: JULY 19, 2010
SUBJECT: CONDITIONAL USE PERMIT 10 -05
7621 GARVEY AVENUE
Summary
Wen Liu of Tin Tin Restaurant has submitted a Conditional Use Permit application,
requesting approval for a new On -Sale Beer and Wine (Type 41) ABC license in
conjunction with an existing bona fide public eating •establishment, located at 7621
Garvey Avenue, in the C -3 (Medium Commercial) zone.
Environmental Determination
Staff finds the Conditional Use Permit 10 -05 exempt under Section 15309 of the
California Environmental Quality Act (CEQA) guidelines. This section exempts projects
that consist of inspections to check for the performance of an operation, or the quality,
health, and safety of a project from environmental review. Accordingly, the Conditional
Use Permit 10 -05 is classified as a Class 9 Categorical Exemption pursuant to Section
15309 of CEQA guidelines.
Staff Recommendation
Staff recommends that the Planning Commission APPROVE Conditional Use Permit
10 -05 and ADOPT Resolution No. 10 -25 (Exhibit "A ") with findings and subject to thirty -
one (31) conditions outlined in Exhibit "B" attached hereto.
Property History and Description
The subject site is located on the north side of Garvey Avenue, between Jackson
Avenue and Del Mar Avenue. According to the LA County Assessor's records, the
subject site consists of one (1) parcel, totaling approximately three (3) acres. According
to Building and Safety Division records, the property is currently developed with two (2)
commercial buildings with thirteen (13) tenants, which include a supermarket, a
laundromat, a drycleaners, restaurants and retail stores.
Planning Division records indicate that several entitlements have been approved for the
supermarket and subject restaurant for off -sale and on -sale alcohol licenses since 1982.
Planning Commission Meeting
July 19, 2010
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Tin Tin Restaurant has been operating at this site since 1997. The subject restaurant
has a floor area of 2,170 square feet.
South Elevation
Site & Surrounding Land Uses
The project site is designated in the General Plan as Commercial and on the zoning
map, it is designated C -3 (Medium Commercial). The site is surrounded by the following
land uses:
North:
General Plan:
Medium Density Residential
Zoning:
R -2 (Light Multiple Residential)
Land Use:
Residential
South:
General Plan:
Public Facilties
Zoning:
R -2 (Light Multiple Residential)
Land Use:
Garvey Intermediate School
East:
General Plan:
Commercial and Medium Density Residential
Zoning:
C -3 (Medium Commercial) and R -2 (Light Multiple Residential)
Land Use:
Residential
West:
General Plan: Commercial and Medium Density Residential
Zoning: C -3 (Medium Commercial) and R -2 (Light Multiple Residential)
Land Use: Restaurant and Residential
Restaurant Operations
The applicant is currently operating a full service Chinese restaurant. The daily hours of
operation are from 11:00 a.m. to 10:00 p.m., Monday through Sunday. As indicated on
the restaurant's menu, which has been attached as Exhibit "D," the restaurant serves a
Planning Commission Meeting
July 19, 2010
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full array of Chinese entrees. The restaurant currently employs six (6) employees on
the largest shift. The floor plan (attached as Exhibit "C ") submitted by the applicant
indicates that the restaurant provides seating for eighty -four (84) patrons.
Staff has received a worksheet from the State Department of Alcoholic Beverage
Control (ABC), which indicates that the subject restaurant is currently located in a
census tract that does not have an overconcentration of alcohol permits. ABC defines
"over- concentration" as greater than one license per 1,159 residents living within the
subject census tract. The population of the census tract (No. 4823.04) in which the
subject property is located is 3,890. The number of allowable on -sale ABC licenses for
this census tract is four (4). Currently, there is one (1) authorized on -sale licenses for
this census tract.
The Department of Alcoholic Beverage Control has also determined that this location is
in a high crime district, but City of Rosemead Public Safety Center found no unusual
situations or concerns at the subject site. In addition, the Chief of Police has visited
the site and does not have any law enforcement concerns. For these reasons, the
Public Safety Supervisor and Chief of Police have indicated that they are in support of
this request, notwithstanding the ABC's 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. Regular
inspections by State ABC and the Rosemead Public Safety Department will ensure that
the location is monitored and the serving of alcoholic beverages will not result in
interference with children on their way to school, shoppers using streets or defacement
of surrounding properties. The nearest school is 285 feet away from the subject
restaurant. The nearest church is 570 feet away from the subject restaurant. Currently,
no restaurants in the shopping center have a Type 41 ABC license.
Staff feels that this use is consistent with the surrounding commercial properties and
existing land uses in the general area, with no foreseeable negative impacts to the
adjacent neighborhood or adjoining properties. To ensure that the operation of the
proposed use will not be detrimental or injurious to the general welfare of the city, the
applicant has indicated that between the hours of 2:00 p.m. to 11:00 p.m., a security
guard will be provided for shopping center. The applicant has also indicated that the
restaurant staff will be trained related to the proper serving of beer and wine. In
addition, the applicant has indicated that they will install surveillance cameras
throughout the restaurant.
Site Improvements
A site inspection was completed on the subject property on July 13, 2010. It was
observed at this time that several matters need attention by the property owner. For
this reason, staff has included several conditions of approval that are related to property
maintenance by the property owner.
Planning Commission Meeting
July 19, 2010
Paqe 4 of 17
1. The site shall be maintained in a clean, weed and litter free state in accordance
with Sections 8.32.010 - 8.32.040 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.
2. 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.
3. All graffiti on -site shall be eliminated.
Municipal Code Requirements
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) by the Planning Commission. RMC Section 17.112.010 sets the following
criteria that must be met:
• The granting of such Conditional Use Permit will be in harmony with the elements
or objectives of the General Plan; and
The proposed use is located within an established commercial district of the City,
and is designated Commercial in the General Plan. Goal 2 of the Land Use
Element is to expand opportunities for concentrated commercial and industrial
uses that contribute jobs and tax revenues to the community. Tin Tin Restaurant
is enhancing their commercial use by providing a full- dining service with the on-
site sales of beer and wine, which will contribute jobs and tax revenues to the
community.
• 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
The site will be operated in accordance with applicable City regulations, and is in
conformity with the development in and around the project site. Regular site
inspections by the Public Safety Department, State ABC and the Sheriffs
Department will be conducted to ensure that the location is monitored for
compliance with applicable local, state, federal laws and shall not be detrimental
to the surrounding communities. The sale of beer and wine will be incidental to
the sale of food at this restaurant, and alcohol will not be sold for off -site
consumption. In addition, conditions of approval have been added to protect the
adjacent residential neighborhoods from being affected by this commercial
establishment. -
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July 19, 2010
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• 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;
The City anticipates that the proposed use will not endanger or otherwise
constitute a menace to the City or surrounding properties. Tin Tin Restaurant
has operated without incident at the subject site since 1997. The sale of beer
and wine will be incidental to the sale of food at this restaurant, and alcohol will
not be sold for off -site consumption. Maintenance and operational conditions
have been added to minimize possible potential negative impacts to the
surrounding neighborhood. These conditions include, but are not limited to
prohibiting beer and wine advertisements in the windows of the subject
restaurant, requiring that the serving of alcohol at this location be open only
during restaurant operating hours and prohibiting dancing, live entertainment, or
karaoke entertainment without prior approval of an entertainment business from
the City Council. In addition, the City of Rosemead Public Safety Center and
Chief of Police have found no unusual situation or concern at the subject site.
Section 17.112.100 of the Rosemead Municipal Code further states that:
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 for the issuance of
a conditional use permit;
As presented in the findings above, the proposed use meets all the requirements
pertaining to the issuance of a Conditional Use Permit, as set forth under Section
17.112.010 of the Rosemead Municipal Code (RMC).
• The proposed use will not present problems including, but not limited to, loitering,
obstruction of pedestrian traffic, increased vehicular traffic, increased parking
demand, crime, interference with children on their way to school, interference
with shoppers using streets, defacement and damage to property; and
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. Regular inspections by the State ABC and the Rosemead Public Safety
Department will ensure that the location is monitored and the serving of alcoholic
beverages will not result in interference with children on their way to school,
shoppers using streets or defacement of surrounding properties. The applicant
has indicated that the restaurant staff will be trained related to the proper serving
of beer and wine.
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July 19, 2010
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• The proposed use will not lessen the suitability of any nearby commercially
zoned properties for commercial use; and
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 sale of beer and wine will be incidental to the
sale of food at this restaurant, and alcohol will not be sold for off -site
consumption. Since the majority of the businesses along Garvey Avenue are
restaurants, 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 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. The State Department of Alcoholic Beverage Control
(ABC) has indicated that the subject restaurant is currently located in a census
tract that does not have an overconcentration of alcohol permits. The number of
allowable on -sale ABC licenses for this census tract is four (4). Currently, there
is one (1) authorized on -sale licenses for this census tract. To ensure that the
operation of the proposed use will not be detrimental or injurious to the general
welfare of the city, the applicant has indicated that between the hours of 2:00
p.m. to 11:00 p.m., a security guard will be provided for shopping center. The
applicant has also indicated that the restaurant staff will be trained related to the
proper serving of beer and wine. In addition, the applicant has indicated that
they will install surveillance cameras throughout the restaurant. The City of
Rosemead Public Safety Center and Chief of Police have also found no unusual
situations or concerns at the subject site. 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.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300' radius public hearing notice to fifty -nine (59) property owners,
publication in the San Gabriel Valley Tribune, and postings of the notice at the six (6)
public locations and on the subject site.
Planning Commission Meeting
July 19, 2010
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P ar
Lil rinh
Assistant Planner
EXHIBITS: A.
Resolution 10 -25
B.
Conditions of Approval
C.
Site Plan and Floor Plan
D.
Restaurant Menus
E.
Assessor's Parcel Map (5286- 024 -019)
pment Director
Planning Commission Meeting
May 17, 2010
Page 8 of 17
EXHIBIT "A"
PC RESOLUTION 10 -25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 10 -05, FOR A NEW ON-
SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR TIN TIN
RESTAURANT, LOCATED AT 7621 GARVEY AVENUE, IN THE C -3
(MEDIUM COMMERCIAL) ZONE (APN: 5286- 024 -019).
WHEREAS, on May 26, 2010, Wen Liu 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 located at 7621 Garvey Avenue; and
WHEREAS, 7621 Garvey Avenue is located in the C -3 (Medium Commercial)
zone; and
WHEREAS, Section 17.112.020(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)." Section 17.112.010 sets criteria required for granting
such a permit. These criteria require that the proposed use is deemed:
• The granting of such conditional use permit will be in harmony with the
elements or objectives of the General Plan; and
• The establishment, maintenance or conduct of the use for which the
conditional use permit is sought will not be detrimental to the health, safety,
peace, morals, comfort or general welfare of the persons residing or working
in the neighborhood thereof; and
• The granting of such conditional use permit will not be detrimental or injurious
to the property and improvements in the neighborhood or the general welfare.
WHEREAS, Section 17.112.100 of the Rosemead Municipal Code states that 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 for the issuance
of a conditional use permit; and
• The proposed use will not present problems including, but not limited to,
loitering, obstruction of pedestrian traffic, increased vehicular traffic,
increased parking demand, crime, interference with children on their way to
school, interference with shoppers using streets, defacement and damage to
property; and
• The proposed use will not lessen the suitability of any nearby commercially
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July 19, 2010
Page 9 of 17
zoned properties for commercial use; and
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, Sections 65800 & 65900 of the California Government Code and
Section 17.112.010 of the RMC 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 July 8, 2010, fifty -nine (59) notices were sent to property owners
within a 300 -foot radius from the subject property, in addition to notices posted in six (6)
public locations and on -site, specifying the availability of the application, plus the date,
time and location of the public hearing for Conditional Use Permit 10 -05, and on July 9,
2010, the notice was published in the San Gabriel Valley Tribune; and
WHEREAS, on July 19, 2010, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 10 -05; 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 10 -05 is Categorically Exempt under Section 15309 of the
California Environmental Quality Act (CEQA) and local environmental guidelines.
Projects consisting of inspections to check for the performance of an operation, or the
quality, health, and safety of a project are exempt from environmental review per CEQA
guidelines. Accordingly, Conditional Use Permit 10 -05 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 10 -05 according to the
Criteria of Chapter 17.112.010 and 17.112.100 of the Rosemead Municipal Code as
follows:
A. The granting of such conditional use permit will be in harmony with the
elements or objectives of the General Plan.
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July 19, 2010
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FINDING: The proposed use is located within an established commercial district
of the City, and is designated Commercial in the General Plan. Goal 2 of the Land Use
Element is to expand opportunities for concentrated commercial and industrial uses that
contribute jobs and tax revenues to the community. Tin Tin Restaurant is enhancing
their commercial use by providing a full- dining service with the on -site sales of beer and
wine, which will contribute jobs and tax revenues to the community.
B. 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.
FINDING: The site will be operated in accordance with applicable City
regulations, and is in conformity with the development in and around the project site.
Regular site inspections by the Public Safety Department, State ABC and the Sheriffs
Department will be conducted to ensure that the location is monitored for compliance
with applicable local, state, federal laws and shall not be detrimental to the surrounding
communities. The sale of beer and wine will be incidental to the sale of food at this
restaurant, and alcohol will not be sold for off -site consumption. In addition, conditions
of approval 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 City anticipates that the proposed use will not endanger or
otherwise constitute a menace to the City or surrounding. properties. Tin Tin Restaurant
has operated without incident at the subject site since 1997. The sale of beer and wine
will be incidental to the sale of food at this restaurant, and alcohol will not be sold for off -
site consumption. Maintenance and operational conditions have been added to
minimize possible potential negative impacts to the surrounding neighborhood. These
conditions include, but are not limited to prohibiting beer and wine advertisements in the
windows of the subject restaurant, requiring that the serving of alcohol at this location
be open only during restaurant operating hours and prohibiting dancing, live
entertainment, or karaoke entertainment without prior approval of an entertainment
business from the City Council. In addition, the City of Rosemead Public Safety Center
and Chief of Police have found no unusual situation or concern at the subject site.
D. The proposed use complies with all requirements as set forth for the issuance
of a conditional use permit;
FINDING: As presented in findings A, B, and C, the proposed use meets all the
requirements pertaining to the issuance of a Conditional Use Permit, as set forth under
Section 17.112.010 of the Rosemead Municipal Code (RMC).
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July 19, 2010
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E. 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.
Regular inspections by the State ABC and the Rosemead Public Safety Department will
ensure that the location is monitored and the serving of alcoholic beverages will not
result in interference with children on their way to school, shoppers using streets or
defacement of surrounding properties. The applicant has indicated that the restaurant
staff will be trained related to the proper serving of beer and wine.
F. 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 sale of beer and wine will be incidental to the sale of food at this
restaurant, and alcohol will not be sold for off -site consumption. Since the majority of
the businesses along Garvey Avenue are restaurants, the proposed use will not lessen
the suitability of any nearby commercially zoned properties for commercial use
G. 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. The State Department of Alcoholic Beverage Control
(ABC) has indicated that the subject restaurant is currently located in a census tract that
does not have an overconcentration of alcohol permits. The number of allowable on-
sale ABC licenses for this census tract is four (4). Currently, there is one (1) authorized
on -sale licenses for this census tract. To ensure that the operation of the proposed use
will not be detrimental or injurious to the general welfare of the city, the applicant has
indicated that between the hours of 2:00 p.m. to 11:00 p.m., a security guard will be
provided for shopping center. The applicant has also indicated that the restaurant staff
will be trained related to the proper serving of beer and wine. In addition, the applicant
has indicated that they will install surveillance cameras throughout the restaurant. The
City of Rosemead Public Safety Center and Chief of Police have also found no unusual
situations or concerns at the subject site. Furthermore, conditions of approval outlining
Planning Commission Meeting
July 19, 2010
Page 12 of 17
acceptable measures to mitigate any potential problems with the addition of alcohol
sales at this property will minimize the impact of undue concentration.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 10 -05, 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 7621 Garvey
Avenue.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on July 19, 2010, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
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 19th day of May, 2010.
William Alarcon, Chairman
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 19th day of July,
2010, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Stan Wong, Secretary
Planning Commission Meeting
July 19, 2010
Paqe 13 of 17
EXHIBIT "B"
CONDITIONAL USE PERMIT 10 -05
7621 GARVEY AVENUE
CONDITIONS OF APPROVAL
July 19, 2010
1. Conditional Use Permit 10 -05 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 26, 2010. Any revisions to the approved plans must be resubmitted
for review and approval by the Planning Division.
2. Approval of Conditional Use Permit 10 -05 shall not take effect for any purpose
until the applicant has filed with the City of Rosemead a notarized affidavit stating
that he /she is aware of and accepts all of the conditions of approval as set forth
in the letter of approval and this list of conditions, within ten (10) days from the
Planning Commission approval date.
3. Conditional Use Permit 10 -05 is approved for a period of six (6) months. The
applicant shall commence the proposed use or request an extension within 30-
calendar days prior to expiration. The six (6) months initial approval period shall
be effective from the Planning Commission approval date. For the purpose of
this petition, project commencement shall be defined as beginning the permitting
process with the Planning and Building Divisions, so long as the project is not
abandoned. If Conditional Use Permit 10 -05 has been unused, abandoned or
discontinued for a period of six (6) months it shall become null and void.
4. The onsite public hearing notice posting shall be removed within 30 days from
the end of the 10 -day appeal period of Conditional Use Permit 10 -05.
5. Conditional Use Permit 10 -05 is granted or approved with the City and its
Planning Commission and City Council retaining and reserving the right and
jurisdiction to review and to modify the permit -- including the conditions of
approval - -based on changed 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 Conditional Use Permit 10 -05.
6. 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
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July 19, 2010
Page 14 of 17
side, void, or annul, an approval of the Planning Commission and /or City Council
concerning the project, which action is brought within the time period provided by
law.
7. The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved Plans where necessary.
8. The following conditions must be complied with to the satisfaction of the Planning
Department prior to final approval of the associated plans, building permits,
occupancy permits, or any other appropriate request.
9. 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.
10. Any changes to the conditions of operation listed in this Exhibit "B" must first be
approved by the Planning Commission through a modification application.
11. 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.
12. 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 10 -05 is for an On -Sale Beer and Wine
(Type 41) alcohol license in conjunction with a bona fide public eating place only.
13. 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.
14. The hours of operation shall be posted in the front window or door. Hours of
operation shall be limited to the hours of 11:00 a.m. to 10:00 p.m., daily. A
request by the business owner to extend the hours of operation past 10:00 p.m.
will require approval by the Rosemead Planning Commission.
15. 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
Department prior to installation. Wall signs and tenant identification signs shall
be reviewed and approved by the Rosemead Planning Department prior to
installation.
16. No advertisements or illuminated signs shall be displayed that are visible from
the exterior of the restaurant which advertises alcoholic beverages.
17. No karaoke -type machine or audio - visual entertainment system shall be allowed,
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July 19, 2010
Page 15 of 17
unless and until the applicant receives approval of a Conditional Use Permit from
the Planning Commission for such services and all applicable permits are
obtained.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. A current letter grade issued to the business by the LA County Department of
Health Services shall be properly posted at the restaurant.
24. All landscaped areas adjacent to the restaurant shall be maintained with
adequate landscaping and shall be maintained on a regular basis including the
removal of trash and litter.
25. 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.
26. The applicant shall ensure that the suite number is posted over the entrance to
the restaurant. The numbers of the suite 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.
27. The applicant shall keep the electrical and mechanical equipment and /or
Planning Commission Meeting
July 19, 2010
Page 16 of 17
emergency exits free of any debris, storage, furniture, etc and maintain a
minimum clearance of five (5) feet.
28. Adequate lighting shall be provided in the vehicle parking area. Motion - activated
lights shall be installed where deemed appropriate by the Planning Division and
Public Safety Department. All exterior lighting shall be directed away from
adjacent properties and shielded on all sides.
29. A 24 -hour electronic surveillance system shall be designed and installed to the
satisfaction of the Chief of Police, which shall include surveillance of arrivals,
departures, and parking areas from the restaurant. It is the applicant's
responsibility to keep electronic (tapes) copies of surveillance for a minimum of
thirty (30) days.
30. A security guard shall be maintained onsite during the hours of 2:00 p.m. and
11:00 P.M.
31. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
I
Planning Commission Meeting
July 19, 2010
Page 17 of 17
EXHIBIT "E"
TRACT NO-5152 SUB. OF THE GARVEY RANCH
M. R. 52-43-44
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