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CC - 2005-41 - Establishing Conditions of Approval For New On-Sale Beer and Wine06 RESOLUTION 2005-41 •0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DENYING APPEAL AND APPROVING CONDITIONAL USE PERMIT 05-1021, ESTABLISHING CONDITIONS OF APPROVAL FOR A NEW ON-SALE BEER AND WINE (TYPE 41) ABC ALCOHOL LICENSE FOR A BONA FIDE PUBLIC EATING ESTABLISHMENT AT THE PHO KING RESTAURANT; LOCATED AT 8772 VALLEY BOULEVARD IN THE C3-D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN 5390- 010-038). WHEREAS, on August 11, 2005, Angel Liu, of the Pho King Restaurant, filed an application for a Conditional Use Permit for a new On-Sale Beer and Wine (Type 41) ABC license for a bona fide eating establishment; WHEREAS, on October 3, 2005, the Rosemead Plamting Cormmission approved Conditional Use Permit 05-1021 and thereafter adopted Resolution 05-47 making findings and determinations with regard to the approvals; WHEREAS, on October 12, 2005, Jay T. Imperial, Mayor of City of Rosemead, filed an appeal of the Planning Commission approval of Conditional Use Permit 05-1021; WHEREAS, this property located at 8772 Valley Boulevard is located in the C' )-D (Medium Commercial with a Design Overlay) zone; WHEREAS. Section 17.112.010 of the Rosemead Municipal Code (RMC) provides the purpose and criteria for granting conditional use permit; • That the conditional use permit applied for is authorized by the provisions of this title; and • That the granting of such conditional use permit will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located; and • That 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 • That the granting of such conditional use permit will not adversely affect the General Plan of the city. WHEREAS, Sections 65800 & 65900 of the California Government Code and Section N •0 17.124.070 of the Rosemead Municipal Code authorizes the City Council to approve, disapprove, or modify the decision of the Plaiming Commission, and its decision shall be final on applications; and WHEREAS, Section 17.112.100 provides the criteria by which the Planning Commission and on appeal the City Council may approve, approve with conditions, or deny an application, for a new ABC license: • The proposed use complies with all requirements as set forth for the issuance of a conditional use permit; The proposed use will not present problems including, but not limited to, loitering, obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with children on their way to school, interference with shoppers using streets, defacement and damage to structures; • The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; • The use shall not adversely affect the welfare of area residents or result in undue concentration in the neighborhood of establishments dispensing alcoholic beverages including beer and wine. Consideration shall be given, regarding whether the proposed use will detrimentally affect nearby residentially zoned communities, considering distance to residential buildings, churches, schools, hospitals, public playgrounds, and other establishments dispensing alcoholic beverages. WHEREAS, on November 9, 2005, 32 notices were sent to property owners within a 300- foot radius from the subject property, in addition to notices posted in 8 public locations on November 12, 2005, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 05-1021 APPEAL; WHEREAS, on December 27, 2005, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 05-1021 APPEAL; WHEREAS, the Rosemead City Council has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofRosemead as follows: SECTION 1. The City Council HEREBY DETERMINES Conditional Use Permit 05-1021 is entitled to a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA Regulations. Section 15309 and local environmental guidelines exempt projects that consist of inspections to check for the performance of an operation, or for quality, health, or safety of a project. w0 00 SECTION 2. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The conditional use permit applied for is authorized by the provisions of this title; and FINDING: 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). B. That the granting of such conditional use permit will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located; and FINDING: To prevent any foreseeable negative impacts to the adjacent neighborhood, staff has added numerous conditions, including but not limited to, graffiti removal, and parking lot and landscaping upkeep, as well as high quality surveillance equipment. C. That 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 FINDING: To prevent any foreseeable negative impacts that could be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood, staff has added numerous conditions, including but not limited to, the removal of the entertainment system, the location of patron and employee entrances and exits, and interior lighting levels. D. That the granting of such conditional use permit will not adversely affect the General Plan of the city. FINDING: The proposed project is consistent would be consistent with the surrounding commercial properties and land uses in the general area. SECTION 3. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit according to the Permit Issuance Conditions for Alcoholic Beverage Sales, Section 17.112.100 of the Rosemead Municipal Code as follows: A. 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: Staff requested a comprehensive incident report from the Sheriffs Department w• from January 1, 2004 through September 2005. This report indicates that only two incidents were reported at this site, for this period. On March 18, 2005, a lost property report was recorded, and on May 29, 2005 a burglary report was recorded. Staff has also added numerous conditions prevent any foreseeable negative impacts to the adjacent neighborhood. B. The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; FINDING: A bona fide public eating establishment would be consistent with the surrounding commercial properties and land uses in the general area. C. 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. -1 1 FINDING: The State Department of Alcoholic Beverage Control (ABC) has indicated that the subject census tract (No. 4813.00), where this property is located, does not have an over concentration of On-Sale Beer and Wine licenses. SECTION 4. The City Council HEREBY DENIES THE APPEAL and APPROVES established conditions of approval for Conditional Use Permit 05-1021 for a new On-Sale Beer and Wine (Type 41) ABC license for a bona fide eating establishment, subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 7. This resolution is the result of an action taken by the City Council on December 27, 2005, by the following vote: YES: CLARK, NUNEZ, TAYLOR, and TRAN NO: IMPERIAL ABSENT: ABSTAIN: SECTION 8. The City Clerk shall certify to the adoption of this resolution and shall transmit copies of same to the applicant, the appellant and the Rosemead Planning Department. PASSED, APPROVED and ADOPTED this 27th day of December, 2005. d` (Yhy T. Imperial, Mayor Nina Castruita, City Clerk N 00 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2005-41 being: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DENYING APPEAL AND APPROVING CONDITIONAL USE PERMIT 05-1021, ESTABLISHING CONDITIONS OF APPROVAL FOR A NEW ON-SALE BEER AND WINE (TYPE 41) ABC ALCOHOL LICENSE FOR A BONA FIDE PUBLIC EATING ESTABLISHMENT AT THE PHO KING RESTAURANT; LOCATED AT 8772 VALLEY BOULEVARD IN THE C3-D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN 5390-010-038). was duly and regularly approved and adopted by the Rosemead City Council on the 27th of December 2005, by the following vote to wit: YES: CLARK, NUNEZ, TAYLOR, TRAN NO: IMPERIAL ABSENT: NONE ABSTAIN: NONE /JZ, 60A t cct.. Nina Castruita City Clerk 0• 09 EXHIBIT "A" CONDITIONAL USE PERMIT 05-1021 8772 Valley Boulevard (Pho King Restaurant) CONDITIONS OF APPROVAL December 27. 2005 Approval of Conditional Use Permit 05-1021 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit stating that he/she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions within ten (10) days of approval. 2. Conditional Use Permit 05-1021 is approved for six (6) months from the date of these conditions. The applicant shall make progress towards initiation of proposed use or request an extension 30 days prior to expiration from the Planning Commission. Otherwise Conditional Use Permit 05-1021 shall become null and void. A status report will be prepared by the Planning Department, to update the Planning Commission and City Council on the restaurant's compliance, one year from the date of the restaurant's first alcohol beverage sale. 4. Conditional Use Permit 05-1021 is for an On-Sale Beer and Wine (Type 41) alcohol license. 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 off-sale consumption. The following conditions must be complied with to the satisfaction of the Director of Planning prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. The hours of operation shall be posted on the front window or door. Hours of operation shall be limited to the hours of 8 AM to 11 PM. 7. 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 Departments regulations. 8. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. Any trash area with grease containers shall have a roof structure in accordance with NPDES standards, subject to review of the Building Department. 0• 00 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. 10. 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. 11. -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. 12. The numbers of the address signs 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. The location, color, and size of such signs shall be subject to the Planning Director's approval. 13. 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. 14. A current letter grade issued to the business by the LA County Dept. of Health Services shall be properly posted at the restaurant. 15. The applicant shall comply with Ordinance No. 567, which requires the posting of a sign prohibiting consumption of alcoholic beverages adjacent to the premises within parking lots and public sidewalks. Such signs are subject to the planning director's approval. 16. Window signage area shall be limited to a maximum of 15% of the window and door area. The applicant shall remove all that signage which exceeds the 15% coverage area. 17. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Specifically, signs shall not cover more than 15% of window area or 25% of wall areas. All signs must comply with Section 17.104.080 regarding identification of the business in English. All illegal signs without permits shall be removed. New signs require that plans be submitted to the Planning Department for review. 18. All patron and employee entrances and exits must be through the front door on Valley Boulevard. The back door must be kept closed to the public at all times. The back door shall be limited to the delivery of supplies for the restaurant. 19. Interior lighting must be maintained at a level approved by the City and Sheriff's Department. 20. Plywood above rear service entrance at top of wall shall be stuccoed to match building. *0 `0 21. The applicant shall remove all audio-visual entertainment system equipment from the restaurant. No karaoke type machine shall be permitted in the establishment. 22. The restaurant shall not be permitted to allow any type of Entertainment or Dance Business License, until such time it is granted by the City Council after applicable hearings are held. 23. The applicant shall remove all California Lotto signs and miscellaneous posters from the exterior of the building. 24. The office space designated on the site plan, labeled Exhibit B, shall be re-designated as storage space. 25. - The applicant shall submit an elevation plan, indicating a proposed window treatment for the front window to screen the storage items in the storage room from public view. This plan shall be approved by the Planning Department. 26. A security system shall be designed to the satisfaction of the Sheriff's Department, which shall include surveillance of arrivals, departures, and parking areas from the office and security hardware, cameras, alarms, and lighting. 27. The subject property is approved for restaurant use and beer and wine are served only to accompany meals. The sale of alcohol shall be limited to the hours of operation for the restaurant. 28. Any changes to the conditions of operation listed in this Exhibit "A" must first be approved by the Planning Commission through a modification application. 29. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings.