PC - Item 4A - Conditional Use Permit 11-08 of A and J Hot Point RestaurantROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: AUGUST 15, 2011
SUBJECT: CONDITIONAL USE PERMIT, 11 -08
. 8508 VALLEY BOULEVARD, UNIT C102
Summary
A and J Hot Point 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 a bona fide public eating establishment, located at 8508 Valley
Boulevard Unit C102, in the C -31D (Medium Commercial with a Design Overlay) zone.
Environmental Determination
Section 15309 of the California Environmental Quality Act (CEQA) guidelines 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,
Conditional Use Permit 11 -08 is classified as a Class 9 Categorical Exemption pursuant
to Section 15309 of CEQA guidelines and therefore is exempt from further
environmental analysis.
Staff Recommendation
Based on the analysis and findings contained in this report, staff recommends that the
Planning Commission APPROVE Conditional Use Permit 11 -08 and ADOPT Resolution
No. 11 -16 with findings (Exhibit A), subject to the thirty (30) conditions outlined in Exhibit
"B" attached hereto.
Property History and Description
The subject site is located within the New Valley Shopping Center, which is located on
the south side of Valley Boulevard, between Delta and Walnut Grove Avenues.
According to the Building and Safety Division records, the property was developed in
2009 with three (3) detached commercial buildings. The development currently consists
of seventeen (17) separate commercial units that include a variety of land uses such as
restaurants and retail stores.
Planning Commission Meeting
August 15, 2011
Site & Surrounding Land Uses
The project site is designated in the General Plan as Commercial and on the zoning
map it is designated C -3D (Medium Commercial with a Design Overlay) zone. The site
is surrounded by the following land uses:
North:
General Plan:
Public Facilities and City of San Gabriel
Zoning:
P (Parking), Open Space and City of,San Gabriel
Land Use:
Rubio Wash and Utilities I
South:
General Plan:
Public Facilities
Zoning:
O -S (Open Space)
Land Use:
Utilities
East:
General Plan:
Public Facilities and Low Density
Zoning:
P (Parking) and P -D (Planned De
Land Use:
Rubio Wash and Residential
West:
General Plan:
Commercial and Low Density Residential
Zoning:
C -31D (Medium Commercial with a Design Overlay) and R -1 (Single Family
Residential)
Land Use:
Commercial and Residential
Front Building Fagade I North Elevation
Planning Commission Meeting
August 15, 2011
Page 3 of 17
Restaurant Operations
The applicant has been operating a full service restaurant since March 2011. The
current daily hours of operation are from 12:00 p.m. to 11:00 p.m., Sunday through
Thursday and 12:00 p.m. to 1:00 a.m., Friday through Saturday. The restaurant
currently employs eight (8) employees on the largest shift. The floor plan (attached as
Exhibit "C ") submitted by the applicant indicates that the restaurant provides seating for
forty (40) patrons. The restaurant's menu has been attached as Exhibit "D."
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 has an over concentration of alcohol permits. ABC defines "over -
concentration" as greater than one license per 1,147 residents living within the subject
census tract. The population of the census tract (No. 4813) in which the subject
property is located is 2,963. The number of allowable on -sale ABC licenses for this
census tract is three (3). Currently, there are six (6) authorized on -sale licenses for this
census tract. Although the Department of Alcoholic Beverage Control has found that
there is an "over concentration" of on -sale beer and wine licenses for this census tract,
the City of Rosemead can, as a policy matter, decide that clustering these uses is
appropriate.
The Department of Alcoholic Beverage Control has also determined that this location is
located in a high crime district. However, the City of Rosemead Public Safety
Department found no unusual situations, concerns or incidences that have occurred on
the subject site. For these reasons, the Public Safety Supervisor and the 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 within a full- service dine -in restaurant
will not cause obstructions to pedestrian traffic, vehicular traffic, or parking. Regular
inspections by the Planning Division, 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. There is one school (Shuey
Elementary) and one church (Rosemead Church of Christ) located within 1,000 feet
from the subject restaurant. Since this unit is situated at the rear of the shopping
center, pedestrian traffic is not expected to be impacted along Valley Boulevard.
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 proprieties.
Planning Commission Meeting
August 15, 2011
Page 4 of 17
Site Improvements
A site inspection was completed on the subject property on August 10, 2011. It was
observed at this time that the existing trash receptacle located behind the restaurant
building is not being maintained. For this reason, staff has included several conditions
of approval that are related to property maintenance by the restaurant owner.
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.
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.
i
• The establishment, maintenance or conduct of the use for which the conditional
use permit is sought will not, under this 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, 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. In addition, conditions of approval have been added to protect the
adjacent residential neighborhoods from being affected by this commercial
establishment.
1;
Planning Commission Meeting
August 15, 2011
Pape 5 of 17
• 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. 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 the Chief of Police have
indicated that no unusual situations or concerns have been found at the subject
site.
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 to 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 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. The subject site is located at the rear of a shopping center and will not
impact pedestrian traffic along Valley Boulevard. Regular inspections by the
Planning Division, 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 on proper serving of beer and wine.
• 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 the applicant has proposed to install
lighting inside and outside the unit as well as a surveillance system. Additionally,
conditions of approval have been incorporated upon the issuance of this permit
Planning Commission Meeting
August 15, 2011
Paoe 6 of 17
to uphold the integrity of the site and the nearby properties. Therefore, 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. 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 can, as a policy matter,
decide that clustering these uses is appropriate. All data obtained from
Department of Alcoholic Beverage Control and other agencies is only advisory
information. The City of Rosemead Public Safety Center and the 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 eighty -one (81) 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.
:'A Prepared by: n n n
, GMM -Q/,),
Gina Casillas
Planning Technician
EXHIBITS:
I
Submitted by:
M ta'nong
Community Development Director
A. Resolution 11 -16
B C d f s of A roval
. on ion pp
C. Site Plan and Floor Plan
D. Restaurant Menu
E. Assessor's Parcel Map (5371- 010 -803 and 5371- 010 -805)
Planning Commission Meeting
August 15, 2011
Page 7 of 17
EXHIBIT "A"
PC RESOLUTION 11 -16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 11 -08 FOR A NEW ON-
SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR A & J HOT
POINT RESTAURANT, LOCATED AT 8508 VALLEY BOULEVARD,
UNIT C102, IN THE C -313 (MEDIUM COMMERCIAL WITH A DESIGN
OVERLAY) ZONE (APN: 5371 - 010 -803 and 5371- 010 -805).
WHEREAS, on June 23, 2011, A and J Hot Point Restaurant 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 8508 Valley
Boulevard, Unit C102; and
WHEREAS, 8508 Valley Boulevard, Unit C102 is located in the C -3D (Medium
Commercial with a Design Overlay) 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:
A. The granting of such conditional use permit will be in harmony with the
elements or objectives of the General Plan; and
B. 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
C. 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:
D. 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
Planning Commission Meeting
August 15; 2011
Page 8 of 17
E. The proposed use will not lessen the suitability of any nearby commercially
zoned properties for commercial use; and
F. 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 August 4, 2011, eighty -one (81) 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 11 -08, and
on August 4, 2011, the notice was published in the San Gabriel ,Valley Tribune; and
WHEREAS, on August 15, 2011, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 11 -08; 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 11 -08 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 11 -08 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 11 -08 according to the
Criteria of Chapter 17.112.010 and 17.112.100 of the Rosemead Municipal Code as
follows:
Planning Commission Meeting
August 15, 2011
Page 9 of 17
A. The granting of such conditional use permit will be in harmony with the
elements or objectives of the General Plan.
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.
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, State ABC, and the Sheriff's 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.
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. 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 the Chief of Police have indicated that no unusual situations or
concerns have been found at the subject site.
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 subject site is located at the rear of a shopping center and will not impact
Planning Commission Meeting
August 15, 2011
Page 10 of 17
pedestrian traffic along Valley Boulevard. Regular inspections by the Planning Division,
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 on proper
serving of beer and wine.
E. 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 the applicant has proposed to install
lighting inside and outside the unit as well as a surveillance system. Additionally,
conditions of approval have been incorporated upon the issuance of this permit to
uphold the integrity of the site and the nearby properties. Therefore, the proposed use
will not lessen the suitability of any nearby commercially zoned properties for
commercial use.
F. 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 can, as a policy matter, decide that clustering these
uses is appropriate. All data obtained from Department of Alcoholic Beverage Control
and other agencies is only advisory information. The City of Rosemead Public Safety
Center and the 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. I
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use
Permit 11 -08, 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 8508 Valley
Boulevard Unit C102.
Planning Commission Meeting
August 15, 2011
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SECTION 4 . This resolution is the result of an action taken by the Planning
Commission on August 15, 2011, 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 15th day of August, 2011.
Nancy Eng, Chair
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
August, 2011, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Stan Wong, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
August 15, 2011
Page 12 of 17
EXHIBIT
CONDITIONAL USE PERMIT 11 -08
8508 Valley Boulevard Unit C102
CONDITIONS OF APPROVAL
August 15, 2011
1. Conditional Use Permit 11 -08 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 June 23, 2011. Any revisions to the approved plans must be resubmitted
for review and approval by the Planning Division.
2. Approval of Conditional Use Permit 11 -08 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 11 -08 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 11 -08 has been unused, abandoned, or
discontinued for a period of six (6) months it shall become null and void.
4. Conditional Use Permit 11 -08 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 approvedlunder the Rosemead Municipal Code
for any violations of the conditions imposed on Conditional Use Permit 11 -08.
5. 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
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.
Planning Commission Meeting
August15,2011
Page 13 of 17
6. The Planning Commission hereby authorizes the Planning Division to make or
. approve minor modifications to the approved Plans where necessary.
7. 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.
8. 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.
9. Any changes to the conditions-of operation listed in this Exhibit "B" must first be
approved by the Planning Commission through a modification application.
10. The sale of alcoholic beverages shall be incidental to the sales of food. No
lounge area may be constructed without prior approval by the, Planning
Commission.
11. 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 11 -08 is for an On -Sale Beer and Wine
(Type 41) alcohol license in conjunction with a bona fide public eating place only.
12. 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.
13. The hours of operation shall be posted in the front window or door. Hours of
operation shall be limited to the hours of 12:00 p.m. to 11:00 p.m. Sunday to
Thursday and 12:00 p.m. to 1:00 a.m., Friday to Saturday. Alcohol shall be
served only during business operating hours.
14. 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.
15. No advertisements or illuminated signs shall be displayed that are visible from
the exterior of the restaurant which advertises alcoholic beverages.
16. No karaoke -type machine or audio - visual entertainment system shall be located
in this restaurant without prior approval by the Rosemead Planning Department
and subject to Section 5.48 of the Rosemead Municipal Code.,
Planning Commission Meeting
August 15, 2011
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17. 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. ,
18. 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.
19. A security guard shall be maintained onsite during restaurant operation Sunday
through Saturday, from 2:00 p.m. until one hour after restaurant closing.
20. 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.
21. 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.
22. 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.
23. 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) 307 -0463 for assistance.
24. A current letter grade issued to the business by the LA County Department of
Health Services shall be properly posted at the restaurant.
25. 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.
26. 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.
27. Adequate lighting shall be provided in the vehicle parking area at all times.
Motion - activated lights shall be installed where deemed appropriate by the
Director of Community Development. All exterior lighting shall be directed away
Planning Commission Meeting
August 15, 2011
Page 15 of 17
from adiacent
properties and shielded on all sides.
28. All roof top appurtenances and equipment shall adequately be screened from
view to the satisfaction of the Planning Division.
29. The onsite public hearing notice posting shall be removed within 30 days from
the end of the 10 -day appeal period of Modification 11 -02
30. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
Planning Commission Meeting
August 15, 2011
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EXHIBIT "D"
VA
All You Can Eat z/ ""
�ft+lLunch $13.99 - *A O-L/Dinner $16.99 -41&
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Planning Commission Meeting
August 15, 2011
Page 17 of 17
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