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PC - 2011-12 - Conditional Use Permit 11-09 For On Sale Beer and Wine at 3588 Rosemead Blvd.PC RESOLUTION 11 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 11 -09, FOR A NEW ON- SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR ROSE CITY PIZZA, LOCATED AT 3588 ROSEMEAD BOULEVARD, IN THE C -31D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN: 8594 - 023 -045). WHEREAS, on June 15, 2011, Rose City Pizza 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 3588 Rosemead Boulevard; and WHEREAS, 3588 Rosemead Boulevard is located in the C -31D (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 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 July 21, 2011, thirty -four (34) 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 -09, and on July 22, 2011, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on August 1, 2011, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 11 -09; 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 -09 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 -09 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 -09 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. 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 Chief of Police have found no unusual situation or concern 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 not located near any churches or schools. The nearest school or church is at least 1,000 feet away from the subject restaurant. 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 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 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. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 11 -09, 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 3588 Rosemead Boulevard. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on August 1, 2011, by the following vote: YES: ENG, HERRERA, HUNTER, AND SACCARO NO: NONE ABSENT: RUIZ ABSTAIN: 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 1S day of August, 2011. ✓ Nan Eng, a 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 1S day of August, 2011, by the following vote: YES: NO: ABSENT: ABSTAIN: ENG, HERRERA, HUNTER, AND SACCARO NONE RUIZ NONE APPROVED AS TO FORM: Grego rgShy, Planning mmission Attorney Burke, Wi liams & Sorensen, MP *:4 2 1111ail:�fl CONDITIONAL USE PERMIT 11 -09 3588 Rosemead Boulevard CONDITIONS OF APPROVAL August 1, 2011 1. Conditional Use Permit 11 -09 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 15, 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 -09 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 -09 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 -09 has been unused, abandoned, or discontinued for a period of six (6) months it shall become null and void. 4. Conditional Use Permit 11 -09 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 11 -09. 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. 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 City's Planning Commission. Alcoholic beverages shall not be served in the patio area on the exterior of the building (Modified by the Planning Commission on August 1, 2011). 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 -09 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 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. Alcohol shall be served only between the hours of 12:00 p.m. to 10:00 p.m. (Modified by the Planning Commission on August 1, 2011). 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. 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. 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. 19. 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. 20. 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. 21. 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. 22. A current letter grade issued to the business by the LA County Department of Health Services shall be properly posted at the restaurant. 23. 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. 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. Adequate lighting shall be provided in the vehicle parking area. Motion- activated lights shall be installed where deemed appropriate by the director of planning. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 26. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. 27. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.