PC - Item No. 4B - Conditional Use Permit 11-12ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND MEMBERS OF THE
ROSEMEAD PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: NOVEMBER 7, 2011
SUBJECT: CONDITIONAL USE PERMIT 11 -12
8518 VALLEY BOULEVARD, UNIT 101 -102
Summary
Shaanxi Gourmet 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 8518 West Valley
Boulevard, Unit 101 -102, 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 -12 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, it is recommended that the
Planning Commission APPROVE Conditional Use Permit 11 -12 and ADOPT Resolution
No. 11 -24 with findings (Exhibit A), subject to the twenty -nine (29) conditions outlined in
Exhibit "B" attached hereto.
Property History and Description
The subject site is located within the New Valley Shopping Center, on the south side of
Valley Boulevard between Delta Avenue and Walnut Grove Avenue. 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 within those three (3) buildings, occupied by a variety of
uses, such as restaurants and retail stores. The subject unit is located in the center
building of the shopping center, not visible from any street surrounding the Shopping
Center site.
Planning Commission Meeting
November 7, 2011
Page 2 of 18
Site & Surrounding Land Uses
The project site is designated in the General Plan as Commercial and on the zoning
map it is designated C -31D (Medium Commercial with a Design Overlay). The shopping
center site is surrounded by the following land uses:
North: I
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 (Edison Transmission Towers)
South:
I
General Plan:
Public Facilities
Zoning:
O -S (Open Space)
Land Use:
Utilities (Edison Transmission
East:
General Plan: Public Facilities and Low Density Residential
Zoning: P (Parking) and P -D (Planned Development)
Land Use: Rubio Wash and Residential i
West:
I
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
Planning Commission Meeting
November 7, 2011
Paqe 3 of 18
Restaurant Operations
The applicant has been operating a full service restaurant since September 2011 in Unit
102. The restaurant is currently in the process of expanding their business into Unit 101.
According to Building and Safety Division records, corrections on the building plans
were issued and picked up by the applicant on October 17, 2011. To this date, staff has
not received the revised plans for final approval, and construction cannot commence
without that final approval.
The hours of operation are from 10:00 a.m. to 10:00 p.m., daily. The restaurant currently
employs six (6) employees during peak hours. The floor plan (attached as Exhibit "C ")
submitted by the applicant indicates that the remodeled restaurant will provide seating
for sixty -eight (68) patrons. The restaurant's menu has been attached as Exhibit "D."
State Department of Alcoholic Beverage Control (ABC) and Public Safety Report
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 residents. 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 and a reasonable public policy and land -use decision.
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 or in the subject shopping center. 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 State ABC, the Rosemead Public Safety Department, and Los Angeles
County Sheriff's 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 center 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
November 7, 2011
Page 4 of 18
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. RMCiSection 17.112.010 sets the following
criteria that must be met:
A. 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 revenues4to the community. Granting the CUP
will advance these objectives by allowing the restaurant to enhance their services
which will potentially bring more customers1to the shopping center. It is beneficial
to have commercial uses concentrated within commercial shopping centers and
a full- service restaurant with a beer and wine license has the potential to
concentrate uses around it.
B. 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 wi
conformity with the development in and
inspections by State ABC, the Rosemead I
Angeles County Sheriffs Department w
location is monitored for compliance with a
shall not be detrimental to the surroundinc
of approval have been added to the resolL
adjacent residential neighborhoods from
establishment.
i applicable City regulations and is in
- ound the project site. Regular site
ublic Safety Department, and the Los
be conducted to ensure that the
plicable local, state, federal laws and
communities. In addition, conditions
ion approving the CUP to protect the
being affected by this commercial
C. The establishment, maintenance, and ope ation of the proposed use 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 land operational conditions have been
added to minimize 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 occur only during restaurant operating hours
I �
l
Planning Commission Meeting
November 7, 2011
Page 5 of 18
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 Supervisor 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:
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
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 unit is located in the center building of the shopping center,
not visible from the street. Therefore, the serving of beer and wine will not impact
pedestrian traffic along Valley Boulevard. Regular inspections by State ABC,
Rosemead Public Safety Department, and Los Angeles County Sheriffs
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, including but not limited to checking identification to avoid serving to
minors and keeping aware of intake levels of patrons so as not to serve those
who are already intoxicated..
- E. 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 a
surveillance system, as well as maintain appropriate lighting level inside and
outside the unit. 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. The nearby
commercial uses will not be negatively impacted by the restaurant because
several restaurants in the vicinity serve beer and wine. There are also no
sensitive uses in the shopping center in which the restaurant is located that
would be negatively affected by the serving of beer and wine at the site.
F. The use shall not adversely affect the welfare of area residents or result in undue
concentration in the neighborhood of establishments dispensing alcoholic
Planning Commission Meeting
November 7, 2011
Page 6 of 18
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. 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 occur 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 Supervisor and
the Chief of Police have indicated that nol unusual situations or concerns have
been found at the subject site.
I
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 (83) 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.
Prepared b Submitted by:
Jerome Joaquin Michelle Ramirez
Planning Intern Acti6g Community Development Director
EXHIBITS: A. Resolution 11 -24
B. Conditions of Approval
C. Site Plan and Floor Plan
D. Restaurant Menu
E. Assessor's Parcel Map (5371- 010 -803
5371 - 010 -805)
Planning Commission Meeting
November 7, 2011
Page 7 of 18
EXHIBIT "A"
PC RESOLUTION 11 -24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 11 -12 FOR A NEW ON-
SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR SHAANXI
GOURMET RESTAURANT, LOCATED AT 8518 VALLEY BOULEVARD,
UNIT 101 -102, IN THE C -31D (MEDIUM COMMERCIAL WITH A DESIGN
OVERLAY) ZONE (APN: 5371 - 010 -803 and 5371 - 010 -805).
WHEREAS, on August 17, 2011, Shaanxi Gourmet 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 8518 Valley Boulevard, Unit 101 -102.
WHEREAS, 8518 Valley Boulevard, Unit 101 -102 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 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:
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
Planning Commission Meeting
November 7, 2011
Pag 8 of 18
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; l 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 belgranted; and
WHEREAS, on October 27, 2011, eighty - three (83) 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 -12, and
on October 28, 2011, the notice was published in the San Gabriel Valley Tribune; and
WHEREAS, on November 7, 2011, the Plahning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 11 -12; 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
of Rosemead as follows:
the Planning Commission of the City
SECTION 1 . The Planning Comm
Conditional Use Permit 11 -12 is Categorically
California Environmental Quality Act (CEQA)
Projects consisting of inspections to check for t
quality, health, and safety of a project are exeml
guidelines. Accordingly, Conditional Use Per
Categorical Exemption pursuant to Section 1530
on HEREBY DETERMINES that
tempt under Section 15309 of the
id local environmental guidelines.
performance of an operation, or the
- om environmental review per CEQA
11 -12 is classified as a Class 9
f CEQA.
Planning Commission Meeting
November 7, 2011
Page 9 of 18
SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 11 -12 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. Granting the CUP will advance
these objectives by allowing the restaurant to enhance their services which will
potentially bring more customers to the shopping center. It is beneficial to have
commercial uses concentrated within commercial shopping centers and a full - service
restaurant with a beer and wine license has the' potential to concentrate uses around it.
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 State ABC, the Rosemead Public Safety Department, and
the Los Angeles County 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 the resolution approving the CUP 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 occur only during restaurant operating hours and prohibiting
dancing, live entertainment, or karaoke entertainment without prior approval of an
Planning Commission Meeting
November 7, 2011
Page 10 of 18
entertainment business from the City Council. In addition, the City of Rosemead Public
Safety Supervisor 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, 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
FINDING: The serving of beer and wine as an ancillary use to a full - service
dine -in restaurant will not cause obstructions to I pedestrian traffic, vehicular traffic, or
parking. The subject unit is located in the center building of the shopping center, not
visible from the street; therefore, the serving of beer and wine will not impact pedestrian
traffic along Valley Boulevard. Regular inspections by State ABC, Rosemead Public
Safety Department, and Los Angeles County Sheriffs 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, including but not limited to checking
identification to avoid serving to minors and keeping aware of intake levels of patrons so
as not to serve those who are already intoxicated.)
E. The proposed use will not
commercially zoned properties for commercial
the suitability of any nearby
FINDING: The proposed use will not ends
to the surrounding commercial properties as th
surveillance system, as well as maintain appropri
unit. Additionally, conditions of approval have be
this permit to uphold the integrity of the site and
proposed use will not lessen the suitability of any
for commercial use. The nearby commercial use:
restaurant because several restaurants in the vi
also no sensitive uses in the shopping center i
would be negatively affected by the serving of be(
F. The use shall not adversely affect tl
undue concentration in the neighborhood of
beverages, including beer and wine. Considerati
proposed use will detrimentally affect near
considering distance to residential buildings,
playgrounds, and other establishments dispensin
ger or otherwise constitute a menace
applicant has proposed to install a
e lighting level inside and outside the
n incorporated upon the issuance of
ie nearby properties. Therefore, the
earby commercially zoned properties
vill not be negatively impacted by the
nity serve beer and wine. There are
which the restaurant is located that
and wine at the site.
welfare of area residents or result in
establishments dispensing alcoholic
shall be given regarding whether the
residentially zoned communities,
hurches, schools, hospitals, public
alcoholic beverages.
Planning Commission Meeting
November 7, 2011
Page 11 of 18
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. 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 occur 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 Supervisor and the Chief of Police have indicated
that no unusual situations or concerns have been found at the subject site.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use
Permit 11 -12, to allow the issuance of a new On -Sale Beer and Wine (Type 41) ABC
license in conjunction with a bona fide public eating establishment located at 8518
Valley Boulevard, Unit 101 -102.
SECTION 4 . This resolution is the result of an action taken by the Planning
Commission on November 7, 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 7th day of November, 2011.
Nancy Eng, Chair
Planning Commission Meeting
November 7, 2011
Page 12 of 18
CERTIFICA
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 7th day of
November, 2011, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
i
Michelle Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
November 7, 2011
Page 13 of 18
EXHIBIT "B"
CONDITIONAL USE PERMIT 11 -12
8518 Valley Boulevard, Unit 101 -102
CONDITIONS OF APPROVAL
November 7, 2011
1. Conditional Use Permit 11 -12 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 September 8, 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 -12 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 -12 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 Division and Building and Safety Division so long as
the project is not abandoned. If Conditional Use Permit 11 -12 has been unused,
abandoned, or discontinued for a period of six (6) months it shall become null
and void.
4. Conditional Use Permit 11 -12 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 -12.
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
Planning Commission Meeting 1
November 7, 2011
Page 14 of 18
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
Division 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 operatio6 listed in this Exhibit "B" must first be
approved by the Planning Commission through a modification application.
10. The sale of alcoholic beverages shall bel 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 11112 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 ire the front window or door. Hours of
operation shall be limited to 10:00 a.m. to 10:00 p.m., daily. 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.
Prior to the installation of any temporary banner onsite, a permit shall be
obtained from Rosemead Planning Division. Wall signs and tenant identification
signs shall be reviewed and approved by the Rosemead Planning Division prior
to the installation.
15. No advertisements or illuminated signs shall be displayed that are visible from
Planning Commission Meeting
November 7, 2011
Page 15 of 18
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 Division 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.
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 daily from 10:00 a.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 Division,
Building and Safety Division, Fire Department, 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.
Planning Commission Meeting
November 7, 2011
Paqe 16 of 18
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
M
29
i
Adequate lighting shall be provided in the vehicle parking area at all times.
Motion - activated lights shall be installed) where deemed appropriate by the
Community Development Director. All exterior lighting shall be directed away
from adjacent properties and shielded on all sides.
The onsite public hearing notice posting Ihall be removed within 30 days from
the end of the 10 -day appeal period of Modification 11 -12. '
Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
i
Planning Commission Meeting
November 7, 2011
Paqe 17 of 18
EXHIBIT "D"
Menu
%KV WZ cold noodle with sesame
$3.30
7.1 cold noodle
$3.00
I4At# Chinese hamburger
$3.50
tR A Wonton
$4.50
"JAWT
$6.95
RRA Braised chicken chips with brown sauce
$10.95
+JWN Small cakes meat
$10.95
11 1: 1 41A
$11.50
AAOq1
$12.95
$15.95
7 l�] Saute spicy chicken noodle
$"2299.50
Stewed mix style noodle
$1(50
f�7 Pita bread soaked in Iamb soup
$7.95 (2 t )
0j N_t P bread soaked in beef soup
$7.25[2
{-� . IN % Pita bread soaked in beef and spicy sour soup
T Vy
$7.65 (2 )
*.k* it Basin mutton
$825 (2 )
� j Lamb noodle
$7.20
�'iM Biang- biangnoodle
$7.50
RM- - f j Minced meat noodle
$6.50
IOURAMA
$6.00
Planning Commission Meeting
EXHIBIT "E;"
5371 1 10
I
I ;
I
I
i
I �
p I I
3'a
SUBJECT SITE
L S
-
1 - - -
--
- - - - --
IDENTICAL
- - -'
1
\l
I.
PG I
2010
„
ID
�
m
u ..e'�S
..�(ry. p.'
WYSFERING WJES R=
2
12
LS
30
° L a 2 12 fw
BK
2
xg
rl �
PC
13
I
I
I
I j
I
I
I I I
a
J
< �
i
I
�
+�
12829— 0213 1 I
PG
9 1
I
I
PG
J
li
B
I I I 1
.i..�.
TPG
°
PG
'�
I
o
SUBJECT SITE
-
1 - - -
--
- - - - --
IDENTICAL
- - -'
1
\l
I.
PG I
ID
�
N1
u ..e'�S
..�(ry. p.'
WYSFERING WJES R=
LS
30
° L a 2 12 fw
BK
/53]2
rl �
IV5 1 I
a
J
< �
�
+�
12829— 0213 1 I
I
PG
J
li
B
I I I 1
SUBJECT SITE