Loading...
CC - Item 3B - Appeal of Conditional Use Permit 11-14 at 8772 Valley BoulevardROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER LA DATE: FEBRUARY 14, 2012 SUBJECT: APPEAL OF CONDITIONAL USE PERMIT 11 -14 8772 VALLEY BOULEVARD SUMMARY On January 17, 2012, the City of Rosemead Planning Commission conducted a duly noticed public hearing for Conditional Use Permit 11 -14, a request for a new On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating place, known as Hunan Restaurant, located at 8772 Valley Boulevard, in the C -3D (Medium Commercial with a Design Overlay) zone. The Planning Commission denied CUP 11 -14 based on the analysis and findings contained in the Planning Commission's staff report. The Planning Commission staff report, meeting minutes, and resolution are attached as Attachments "A ", "B ", and "C ", respectively. On January 19, 2012, the City Clerk's office received an appeal letter, included in this report as "Attachment D ", from the applicant, Lan Tan, requesting to appeal the Planning Commission's decision. Staff Recommendation It is recommended that the City Council UPHOLD the Planning Commission's decision to DENY Conditional Use Permit 11 -14 and ADOPT Resolution 2012 -12 (Attachment "E "). ANALYSIS On October 5, 2011, Lan Tan 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 place located at 8772 Valley Boulevard, in the C -3D (Medium Commercial with a Design Overlay) zone. Upon hearing all testimonies from the public, the Commission adopted Resolution No. 12 -01, denying CUP 11 -14. CUP 11 -14 was denied based on the following reasons: A site inspection completed by the Planning Division, Chief of Police, and Code Enforcement revealed that the floor plan (Attachment "F ") submitted is a misrepresentation of the current restaurant layout. The front dining area is well lit APPROVED FOR CITY COUNCIL AGENDA: ITEM NO•'^ City Council Report February 14, 2012 Paoe 2 of 3 and consistent with a family style restaurant atmosphere, while the rear dining area is configured as a hostess bar setting with dim lighting and lack of dining tables. The Chief of Police has reviewed this request and has indicated that the applicant's proposal cannot be supported. He has indicated that the rear portion of the restaurant has historically been used as a hostess bar, under the disguise of a legitimate family restaurant. A hostess bar is not a permitted use in the City. • The California Department of Alcohol and Beverage Control (ABC) defines a "bona fide public eating place" as a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guest for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all regulations of the local department of health (Section 23038). Therefore, the actual use of the restaurant, as proposed on the floor plan submitted by the applicant, clearly does not meet the State's definition of a bona fide public eating place. On February 6, 2012, staff received a letter from the property owner (attached as Attachment "G "). The property owner has stated that he opposes the tenant's intention of operating a restaurant in the front portion of the building and operating the rear portion of the building as a hostess bar. With the property owner's disapproval of the use, the City Council has additional grounds to UPHOLD the Planning Commission's DENIAL. LEGAL REVIEW Resolution 2012 -12 has been reviewed and approved by the City Attorney. ENVIRONMENTAL REVIEW 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 -14 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines and therefore exempt from further environmental analysis. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to thirty (30) property owners, publication in the San Gabriel Valley Tribune, and postings of the notice at the six (6) public locations. City Council Report February 14, 2012 Paoe 3 of 3 T red by: Lily Trinh Assistant Planner Prepared by: �M:L a Michelle Ramirez Acting Community Development Director Attachment A: Planning Commission Staff Report, dated January 17, 2012 Attachment B: Planning Commission Minutes, dated January 17, 2012 Attachment C: Planning Commission Resolution 12 -01 Attachment D: Appeal Letter, dated January 19, 2012 Attachment E: CC Resolution 2012 -12 Attachment F: Restaurant Floor Plan Attachment G: Opposition Letter from the Property Owner, dated February 6, 2012 ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: JANUARY 17, 2012 SUBJECT: DENIAL OF CONDITIONAL USE PERMIT 11 -14 8772 VALLEY BOULEVARD Summary Lan Tan 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 place located at 8772 Valley Boulevard, in the C -3D (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 -14 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines and therefore exempt from further environmental analysis. Staff Recommendation Based on the analysis and findings contained in this report, it is recommended that the Planning Commission DENY Conditional Use Permit 11 -14 and ADOPT Resolution No. 12 -01 with findings (Exhibit A). Property History & Description The subject site is located on Valley Boulevard just west of Muscatel Avenue. The total size of the lot is approximately 9,700 square feet. The lot is developed with a 5,500 square foot restaurant on the first story, and an approximate 630 square foot investment service office on the second story. According to Planning Division records, several Conditional Use Permits for On -Sale alcohol licenses were approved at the subject site. The following table illustrates the history of alcoholic license requests and approvals for the subject restaurant. ATTACHMENT "A" PC Meeting January 17, 2012 CUP 11 -14 (Denial) Page 2 of 21 Case File Business Year Notes Name - Approved On January 6, 1975, the Planning Commission granted a new On -Sale alcohol license in conjunction with a restaurant to the Rose Room. On November 16, 1987, the City initiated CUP 72 Rose Room 1975 revocation proceedings for Conditional Use Permit 72 based on non - compliance with the Municipal Code requirements. On December 14, 1987, the Planning Commission approved a modification to Conditional Use Permit 72 allowing the continuance of alcoholic sales. CUP 88- 424 Rose Room 1988 Transfer of Ownership CUP 89- 466 Rose Room 1989 Transfer of Ownership CUP 90- 497 Rose Room 1990 Transfer of Ownership On November 2, 1992, the Planning Commission granted the transfer of an existing On -Sale General Alcohol license (type 47) to the Da Du Corporation /Rose Room Restaurant. In March of 1993, the City Council granted Dance and Entertainment licenses to the establishment. During the period of this restaurant's operation, from January 1999 to December 2001, the Sheriffs' Department received numerous calls relating to serious and violent incidents occurring at this site. These CUP 92- Rose Room 1992 incidents included various gang related activities ranging from 568 gang fights to multiple homicides on the property. In December of 2001, the Rose Room was issued a Notice of Accusation regarding the revocation of the Dance Permit and Business License due to the many violations that occurred at this site. The Rose Room entered into two Last Chance Agreements with the City to keep the restaurant open. Due to the strict conditions that were set forth in the Final Last Chance Agreement, the Owner of the Rose Room decided to close the establishment in 2005. On October 3, 2005, the Planning Commission granted a new On -Sale beer and wine license (Type 41) to Pho King Restaurant. Since the approval of Conditional Use Permit 05- CUP 05- Pho King /King's 1021, the restaurant has changed its business name several 1021 Garden /Hunan 2005 times from Pho King Restaurant to King's Garden to its current Restaurant business name of Hunan Seafood Restaurant. According to the California Department of Alcoholic Beverage Control (ABC), the alcohol license was cancelled on November 10, 2008. PC Meeting January 17. 2012 CUP 11 -14 (Denial) Page 3 of 21 North Elevation Site & Surrounding Land Uses The project site is designated in the General Plan as Commercial and on the zoning map it is designated C -31D (Medium Commercial with a Design Overlay) zone. The site is surrounded by the following land uses: North: General Plan: Commercial Zoning: C -31D (Medium Commercial with a Design Overlay) Land Use: Commercial South: General Plan: Commercial Zoning: C -3D (Medium Commercial with a Design Overlay) Land Use: Commercial East: General Plan: Commercial Zoning: C -3D (Medium Commercial with a Design Overlay) Land Use: Commercial West: General Plan: Commercial Zoning: C -3D (Medium Commercial with a Design Overlay) Land Use: Commercial PC Meeting January 17, 2012 °- CUP 11 -14 (Denial) _ Page 4 of 21 Administrative Analysis Restaurant Operations The applicant is currently operating a full service restaurant at the site. The daily hours of operation are from 10:00 a.m. to 1:00 a.m., seven days per week. The restaurant currently employs eight (8) employees on the largest shift. The applicant is requesting approval for a new On -Sale Beer and Wine (Type 41) ABC license in conjunctign with a bona fide public eating place. The applicant has indicated that the restaurant was previously owned by him and his former wife, however, she has transferred the entire business to him. In addition, as noted above, ABC cancelled the previous on -sale license in 2008. Floor Plan The floor plan (attached as Exhibit ".0 ") submitted by the applicant indicates that the restaurant dining area provides seating for twenty -two (22) patrons. The applicant has indicated that the existing floor plan will remain. As illustrated on the floor plan, the kitchen is situated in the center of the building and the two dining areas are separated by a hallway. Each dining area has a service counter. A site inspection completed by the Planning Division on November 16, 2011, revealed that the floor plan submitted is a misrepresentation of the current restaurant layout. According to Staffs inspection, the front dining area is well lit and consistent with a family style restaurant atmosphere, and the rear dining area resembles a hostess bar setting with dim lighting. The rear dining area is furnished with private, enclosed lounge areas that do not provide table dining. Each lounge area also provides a private television screen. The table seating shown on the applicant's floor plan in this area does not exist. Staff found a dance floor, disco ball, karaoke machinery, and a speaker system in this area instead. This back room also provides access to a dressing room and two storage rooms. Pictures that were taken during Staffs' inspection have been included in this Staff report as Exhibit "D." A hostess bar is not a permitted use in the City. According to California Department of Alcohol and Beverage Control, a "bona fide public eating place," means as a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guest for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all regulations of the local department of health (Section 23038). Therefore, the actual use of the restaurant, as proposed on the floor plan submitted by the applicant, clearly does not meet the State's definition of a bona fide public eating place. z. PC Meeting January 17, 2012 - CUP 11 -14 (Denial) Page 5 of 21 .J 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. ABC has also determined that this location is located in a high crime district. The City's Chief of Police has reviewed this request and has indicated that the applicant's proposal cannot be supported. In addition to the ABC determination that must be taken into account, on January 10, 2012 the Chief of Police conducted a site inspection which confirmed Staff's suspicion that the floor plan resembles a hostess bar. This confirmation was made based on the Chiefs experience with the Asian Gang Task-force. In addition, according to the Chief of Police, the subject site has historically been the source of law enforcement problems relating to Asian gangs, drugs, and prostitution. He has also indicated that the rear portion of the restaurant has historically been used as a "hostess bar" under the disguise of a legitimate family restaurant. The Chief of Police further indicated that since 2005, when the applicant and his former wife assumed control of the restaurant, the rear portion of the restaurant has been used as an Asian gang "hangout." Specifically, the LA County Sheriff Department's undercover operations at the subject site revealed known underage gang members who fled the scene. Importantly, given the request to legally serve alcohol on the site via an ABC permit, the Chief indicated that after the alcohol license was cancelled with ABC in 2008, the applicant continued to sell alcohol in the restaurant and had alcohol hidden behind the service counter. The Chief of Police, Public Safety Department, and Planning Division Staff have been working with the applicant to resolve issues of concern since the application was originally submitted. The Chief of Police and Planning Staff have suggested that the applicant revise the actual floor plan and furnishings of the rear portion of the building to be consistent with a "family restaurant" environment. The applicant has indicated that he is not willing to make these changes. The applicant told the Chief of Police that he would like to re -open the rear portion of the building as a "sports bar, karaoke and dance area." The Commission should note that the applicant has submitted Entertainment and Dance License applications to the City's Administration Department for karaoke and dance. These applications are currently pending, and require City Council approval. The applicant has informed the Chief of Police that his goal is to PC Meeting January 17, 2012 CUP 11 -14 (Denial) Page 6 of 21 operate a club similar to a restaurant/bar located in Temple City, which is essentially known as a hostess bar by the Public Safety Department. The Chief of Police is concerned that such business operation would attract clientele which will once again result in problems for the City. The subject site is 600 feet away from Muscatel Middle School and Rosemead Church of Christ. Residential properties are situated less than 100 feet away from the subject site. Public Comments On January 10, 2012, Staff received an email (attached as Exhibit "E) in regards to the business operations located at the subject restaurant. The email states that the business is operating as an illegal hostess bar where drinks are served and girls are paid to sit with customers. This exhibit would lend credence to a conclusion that the applicant is currently operating in violation of the City's Municipal Code, State law, and ABC regulations. 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. Conditional Use Permits may be granted when it can be shown that all of the following criteria from RMC Section 17.112.010 can be met: A. The granting of such a Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. The site is designated in the General Plan for Commercial and on the zoning map it is designated C -3D (Medium Commercial with a Design Overlay). The proposed use is in conformity with the General Plan in that C -3D (Medium Commercial with a Design Overlay) zoning is a corresponding zone district with the Commercial General Plan land use category. 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. According to the Chief of Police, the subject site has historically been the source of law enforcement problems relating to Asian gangs, drugs, and prostitution. On January 10, 2012, the Chief of Police conducted a site inspection which revealed that the floor plan resembles a hostess bar based on his experience with the Asian Gang Taskforce. The applicant told the Chief of Police that he would like to re -open the rear portion of the building as a "sports PC Meeting January 17, 2012 CUP 11 -14 (Denial) Page 7 of 21 bar, karaoke and dance area," similar to one located in Temple City, which is essentially known as a hostess bar by the Public Safety Department. The Chief of Police is concerned that such business operation would attract clientele which will once again result in problems for the City. In addition, according to ABC, a "bona fide public eating place," means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guest for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all regulations of the local department of health (Section 23038). The actual use and layout of the restaurant, as opposed to the floor plan submitted to the City, clearly illustrates that the applicant does not meet the State's definition of a bona fide public eating place. Furthermore, the floor plan submitted as Exhibit "C" clearly misrepresents the current restaurant layout and is believe to have been an attempt to deceive the City. The proposed operation is not suitable at the proposed location due to its proximity to sensitive land uses and the high potential that the actual use would violate City codes and State law. Further, the subject site is 600 feet away from Muscatel Middle School and Rosemead Church of Christ. Residential properties are situated less than 100 feet away from the subject site. Therefore, the approval of the On -Sale beer and wine (Type 41) license will be detrimental to the health, safety, piece, morals, comfort or general welfare of the persons residing or working in the neighborhood. C. The granting of such a conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. A site inspection completed by the Planning Division on November 16, 2011, revealed that the floor plan submitted is a misrepresentation of the current restaurant layout. According to Staffs inspection, the front dining area is well lit and consistent with a family style restaurant atmosphere, but the rear dining area resembles a hostess bar setting with dim lighting. The rear dining area is furnished with private, enclosed lounge areas that do not provide table dining. Each lounge area also provides a private television screen. The table seating shown on the applicant's floor plan in this area does not exist. Staff found a dance floor, disco ball, karaoke machinery, and a speaker system in this area instead. In addition, on January 10, 2012, the Chief of Police conducted a site inspection which revealed that the floor plan resembles a hostess bar, based on his experience with the Asian Gang Taskforce. The Chief of Police has PC Meeting January 17, 2012 CUP 11 -14 (Denial) Page 8 of 21 indicated that since 2005, when the applicant and his ex -wife assumed control of the restaurant, the rear portion of the restaurant once again became an Asian gang hangout. The LA County Sheriff Department's undercover operations at the subject site revealed underage gang members who fled the scene. He also indicated that after the alcohol license was cancelled with ABC, the applicant continued to sell alcohol in the restaurant and had alcohol hidden behind the service counter. Therefore, the approval of the On -Sale beer and wine (Type 41) license will be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. 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 applicant has indicated to the Chief of Police that he would like to re -open the rear portion of the building as a "sports bar, karaoke and dance area," similar to one located in Temple City, which is essentially known as a hostess bar by the Public Safety Department. Since the subject site is located 600 feet away from Muscatel Middle School and Rosemead Church of Christ and less than 100 feet away from several residential properties, the approval of the On- Sale beer and wine (Type 41) license will 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. E. The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; and A site inspection completed by the Planning Division on November 16, 2011, revealed that the floor plan submitted is a misrepresentation of the current restaurant layout. According to Staff's inspection, the front dining area is well lit and consistent with a family style restaurant atmosphere, and that the rear dining area resembles a hostess bar setting with dim lighting. A hostess bar is not a permitted use in the City. The rear dining area is furnished with private, PC Meeting January 17, 2012 CUP 11 -14 (Denial) P age 9 of 2 1 enclosed lounge areas that do not provide table dining. Each lounge area also provides a private television screen. The table seating shown on the applicant's floor plan in this area does not exist. Staff found a dance floor, disco ball, karaoke machinery, and a speaker system in this area instead. In addition, according to ABC, a bona fide public eating place," means as a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guest for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all regulations of the local department of health (Section 23038). The floor plan of the restaurant clearly illustrates that the applicant does not meet the State's definition of a bona fide public eating place. Therefore, the approval of the On -Sale beer and wine (Type 41) license will 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. 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. ABC has also determined that this location is located in a high crime district. The City's Chief of Police has reviewed this request and has indicated that this proposal cannot be supported. On January 10, 2012, the Chief of Police conducted a site inspection which revealed that the floor plan resembles a hostess bar based on his experience with the Asian Gang Taskforce. A hostess bar is not a permitted use in the City. PC Meeting January 17, 2012 CUP 11 -14 (Denial) Page 10 of 21 In addition, the subject site is 600 feet away from Muscatel Middle School and Rosemead Church of Christ. Several residential properties are situated less than 100 feet away from the subject site. Therefore, the approval of the On -Sale beer and wine (Type 41) license will endanger or otherwise constitute a menace to the surrounding properties. Public Notice Process This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to thirty (30) 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 by: Lily Trinh Assistant Planner W"9&u Submitted by: Michelle Ramirez Acting Community Development Director EXHIBITS: A. Resolution 12 -01 B. Floor Plan and Site Plan C. Staff Inspection Pictures D. Email Received from Public PC Meeting January 17, 2012 CUP 11 -14 (Denial) Page 11 of 21 EXHIBIT "A" PC RESOLUTION 12 -01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DENYING CONDITIONAL USE PERMIT 11 -14, A REQUEST FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING PLACE, LOCATED AT 8772 VALLEY BOULEVARD IN THE C -31D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN:5390 -010 038). WHEREAS, on October 10, 2011, Lan Tan from Hunan Restaurant filed a Conditional Use Permit application, requesting for a new On -Sale beer and wine (Type 41) ABC license in conjunction with a bona fide public eating place, located at 8772 Valley Boulevard; and WHEREAS, 8772 Valley Boulevard, 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 PC Meeting January 17, 2012 CUP 11 -14 (Denial) Paae 12 of 21 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 Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny Conditional Use Permits; and WHEREAS, on January 5, 2012, thirty (30) 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 -14, and on January 6, 2012, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on January 17, 2012, the Planning Commission continued a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional use Permit 11 -14; 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 FINDS AND DETERMINES that facts do exist to justify denying Conditional Use Permit 11 -14 according to the Criteria of Chapter 17.112.010 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 site is designated in the General Plan for Commercial and on the zoning map it is designated C -31D (Medium Commercial with a Design Overlay). The proposed use is in conformity with the General Plan in that C -31D (Medium Commercial PC Meeting January 17, 2012 CUP 11 -14 (Denial) Page 13 of 21 with a Design Overlay) zoning is a corresponding zone district with the Commercial General Plan land use category. 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. FINDING: According to the Chief of Police, the subject site has historically been the source of law enforcement problems relating to Asian gangs, drugs, and prostitution. On January 10, 2012, the Chief of Police conducted a site inspection which revealed that the floor plan resembles a hostess bar based on his experience with the Asian Gang Taskforce. The applicant told the Chief of Police that he would like to re- open the rear portion of the building as a "sports bar, karaoke and dance area," similar to one located in Temple City, which is essentially known as a hostess bar by the Public Safety Department. The Chief of Police is concerned that such business operation would attract clientele which will once again result in problems for the City. In addition, according to ABC, a "bona fide public eating place," means a place which is regularly and in a bona tide manner used and kept open for the serving of meals to guest for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all regulations of the local department of health (Section 23038). The actual use and layout of the restaurant, as opposed to the floor plan submitted to the City, clearly illustrates that the applicant does not meet the State's definition of a bona fide public eating place. Furthermore, the floor plan submitted as Exhibit "C" clearly misrepresents the current restaurant layout and is believe to have been an attempt to deceive the City. The proposed operation is not suitable at the proposed location due to its proximity to sensitive land uses and the high potential that the actual use would violate City codes and State law. Further, the subject site is 600 feet away from Muscatel Middle School and Rosemead Church of Christ. Residential properties are situated less than 100 feet away from the subject site. Therefore, the approval of the On -Sale beer and wine (Type 41) license will be detrimental to the health, safety, piece, morals, comfort or general welfare of the persons residing or working in the neighborhood. 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. FINDING: A site inspection completed by the Planning Division on November 16, 2011, revealed that the floor plan submitted is a misrepresentation of the current restaurant layout. According to Staffs inspection, the front dining area is well lit and PC Meeting January 17, 2012 CUP 11 -14 (Denial) Page 14 of 21 consistent with a family style restaurant atmosphere, but the rear dining area resembles a hostess bar setting with dim lighting. The rear dining area is furnished with private, enclosed lounge areas that do not provide table dining. Each lounge area also provides a private television screen. The table seating shown on the applicant's floor plan in this area does not exist. Staff found a dance floor, disco ball, karaoke machinery, and a speaker system in this area instead. In addition, on January 10, 2012, the Chief of Police conducted a site inspection which revealed that the floor plan resembles a hostess bar based on his experience with the Asian Gang Taskforce. The Chief of Police has indicated that since 2005, when the applicant and his ex -wife assumed control of the restaurant, the rear portion of the restaurant once again became an Asian gang hangout. The LA County Sheriff Department's undercover operations at the subject site revealed underage gang members who fled the scene. He also indicated that after the alcohol license was cancelled with ABC, the applicant continued to sell alcohol in the restaurant and had alcohol hidden behind the service counter. Therefore, the approval of the On -Sale beer and wine (Type 41) license will be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. 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 applicant has indicated to the Chief of Police that he would like to re -open the rear portion of the building as a "sports bar, karaoke and dance area," similar to one located in Temple City, which is essentially known as a hostess bar by the Public Safety Department. Since the subject site is located 600 feet away from Muscatel Middle School and Rosemead Church of Christ and less than 100 feet away from several residential properties, the approval of the On -Sale beer and wine (Type 41) license will 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. E. The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; and FINDING: A site inspection completed by the Planning Division on November 16, 2011, revealed that the floor plan submitted is a misrepresentation of the current restaurant layout. According to Staffs inspection, the front dining area is well lit and consistent with a family style restaurant atmosphere, and that the rear dining area resembles a hostess bar setting with dim lighting. A hostess bar is not a permitted use PC Meeting January 17, 2012 CUP 11 -14 (Denial) Page 15 of 21 in the City. The rear dining area is furnished with private, enclosed lounge areas that do not provide table dining. Each lounge area also provides a private television screen. The table seating shown on the applicant's floor plan in this area does not exist. Staff found a dance floor, disco ball, karaoke machinery, and a speaker system in this area instead. In addition, according to ABC, a `bona fide public eating place, "means as a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guest for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all regulations of the local department of health (Section 23038). The floor plan of the restaurant clearly illustrates that the applicant does not meet the State's definition of a bona fide public eating place. Therefore, the approval of the On -Sale beer and wine (Type 41) license will 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: 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. ABC has also determined that this location is located in a high crime district. The City's Chief of Police has reviewed this request and has indicated that this proposal cannot be supported. On January 10, 2012, the Chief of Police conducted a site inspection which revealed that the floor plan resembles a hostess bar based on his experience with the Asian Gang Taskforce. A hostess bar is not a permitted use in the City. In addition, the subject site is 600 feet away from Muscatel Middle School and Rosemead Church of Christ. Several residential properties are situated less than 100 feet away from the subject site. PC Meeting January 17, 2012 CUP 11 -14 (Denial) Page 16 of 21 Therefore, the approval of the On -Sale beer and wine (Type 41) license will endanger or otherwise constitute a menace to the surrounding properties. SECTION 2 . The Planning Commission HEREBY DENIES Conditional Use Permit 11 -14, for a new On -Sale beer and wine (Type 41) license, located at 8772 Valley Boulevard. SECTION 3 . This resolution is the result of an action taken by the Planning Commission on January 17, 20112, by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 4 . The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 17 day of January, 2012. 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 17 day of January, 2012 by the following vote: YES: NO: ABSENT: ABSTAIN: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP PC Meeting January 17, 2012 CUP 11 -14 (Denial) Page 17 of 21 EXHIBIT `B" FLOOR PLAN K Jim )D I F Y y L -_ u r rs Il nn �� • 1 r� U I I F i a a t _ e 9 � e Ip s� o t � p_ PC Meeting January 17, 2012 CUP 11 -14 (Denial) Page 18 o 21 SITE PLAN � AVE MUSC TE L 5151 _ 0 _ A n sn' 9S -- - - '`_Cja. -- 1 -I tS� ®® ¢ pypbEPYRSp /i � d I _ 1 K .4DJUSTILD LOT r+at'n'es`w LIN 7 I 1 *27NS IN 1 E7:ISi'HC 4(7T LINE F—XBTINQ RESTF4 RANT 3 _ 20 u7 r X 9 1 1 _ 1 _ Fa PC Meeting January 17, 2012 CUP 11 -14 (Denial) Paae 19 of 21 EXHIBIT "C" Private N Screen Stage with Karaoke Machinery Hallway Looking into Rear Area Dance Floor Service Counter Private Lounge Area Private Lounge Area PC Meeting January 17, 2012 CUP 11 -14 (Denial) Page 20 of 21 Private TV Screen Private Lounge Area Private Lounge Area PC Meeting January 17, 2012 CUP 11 -14 (Denial) Page 21 of 21 EXHIBIT "D" Lilv Trinh From: Selldoglee [selldoglee @yahoo.com] Sent: Tuesday, January 10, 2012 12:06 PM To: Jeff Lo; Lily Trinh Subject: hearing at 8772 Valley blvd. Below is a letter I sent to the alcohol beverage control. The person applying for the C.U.P at 8772 Valley Blvd, is operating a illegal hostess bar. Where drinks are served and girls are paid to sit with customers. Many illegal and sexual activities take place at these types of locations and in fact 2 people have gotten shot and killed at this exact location back in 2000 or 2001 when it was a hostess club at that time. I strongly urge the counsel members to investigate the ACTUAL business that will be taking place at this location and keep Rosemead city a safe place for residence by keeping shady businesses like these ouL To Whom it may concern I'm writing today because I saw a notice while driving by the Hunart Seafood restaurant located at 8772 E. Valley. This place is currently ]eased by Lan K. Tan (aka Tony Tan) He is the person on the lease. However he is subleasing it to another person who is the owner of the Hunan Seafood restaurant. There is also another business on that location known as VIP Lounge and Restaurant owned by a An Liu. A Beer and Wine license was issued to that address before and was surrendered. Other attempts to apply for a license there after that has been rejected by the ABC. Tony Tanis currently being investigated by the Temple City Sheriffs Dept for fraud against 4 separate individuals involving that location. I don't have the case numbers but it's easy to set with a simple call to the sheriffs dept. Tony looks for new immigrants just arriving in the U.S. that doesn't qualify for a alcohol license and gets them to invest in a "Ready to go" bar. If the business is good, he kicks them out of the business and runs it himself. Shnce lie is technically the landlord. If business is bad, he keeps their deposits ($50,000) if they want to back out These are normally people that don't speak the language and have little knowledge about (fie law. If the above facts doesn't disqualify Tony of getting a license from ABC, I believe that a liquor ficense cannot be rented out or shared by separate businesses located at the same location. The Hunan Seafood restaurant is a separate business located in the front of 8772 E. Valley Blvd. VIP lounge and Restaurant is located also on that property. There is also a business by the name of "Club Royale" located in the back of that location which is a illegal members only hostess club. There are several previous citations at that location for selling alcohol without a license. Everything in this email can easily be verified by visiting the location unannounced or calling the Detective in Charge at the Sheriff station. Detective Robert Leyba From: Jeff Lo <dnojeff@gmail.com> To: selldoglee @yahoo.com Sent: Monday, January 9, 2012 10:07 AM Subject: Michel Lee: How r U. look here is the information for the HEARING for the Case# Conditional use permit 8772 Valley Blvd. / 01 -17 -2012 / 7:00 p.m. Lily Trinh / Assistant / 626 - 569 -2142 /LTRINH @city of rosemead.org Minutes of the PLANNING COMMISSION MEETING January 17, 2012 The regular meeting of the Planning Commission was called to order by Vice -Chair Ruiz at 7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Vice -Chair Ruiz INVOCATION - Commissioner Hunter ROLL CALL - Commissioners Herrera, Hunter, Saccaro, and Vice -Chair Ruiz ABSENT — Chair Eng ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Acting Community Development Director Ramirez, Consultant Wong, City Planner Bermejo, Assistant Planner Trinh, Lt. Tim Murakumi, Chief of Police, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Greg Murphy, City Attorney, presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. CONSENT CALENDAR A. Approval of Minutes - December 19, 2011 Commissioner Herrera made a motion, seconded by Commissioner Hunter, to approve Minutes of 12 -19 -11 as presented. Vote resulted in: Yes: Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: Eng 4. PUBLIC HEARINGS A. DENIAL OF CONDITIONAL USE PERMIT 11.14 - Lan Tan 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 place located at 8772 Valley Boulevard, ATTACHMENT "B" in the C -31) (Medium Commercial with a Design Overlay) zone. PC RESOLUTION 12 -01 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DENYING CONDITIONAL USE PERMIT 11.14, A REQUEST FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING PLACE, LOCATED AT 8772 VALLEY BOULEVARD IN THE C -31) (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. Staff Recommendation - Based on the analysis and findings contained in this report, it is recommended that the Planning Commission DENY Conditional Use Permit 11.14 and ADOPT Resolution No. 12-01 with findings. Assistant Planner Trinh presented staff report into the minutes. Vice -Chair Ruiz asked the Planning Commission if they had any comments or questions for staff. None Vice -Chair Ruiz opened the Public Hearing and asked if there was anyone wishing to speak in favor or against this project. Gary Mok presented the Planning Commission with written information to be included into the record. Consultant Wong addressed the City Attorney and requested a recess to review the information that was submitted to the Planning Commission by Gary Mok. Greg Murphy, City Attorney, replied a ten (10) minute recess will be taken to review the information that was just submitted and will reconvene at 7:20 pm. Vice -Chair Ruiz opened the meeting and invited the first guest speaker to the podium. Greg Murphy, City Attorney, recommended to the Planning Commission to not put any more weight onto the information that was just submitted as you would to verbal testimony. He stated what has been submitted are allegations made by someone who is in business dealings with the applicant and the sole conclusary evidence is a judgment from the East District El Monte Court House but it is against the business rather than the individual. He also recommended treating this as normal comments from a member of the public who comes to the podium and do not give it additional weight because it is in written form or using legal language. He also stated this amounts to allegations and matters of opinion and if the Planning Commission has any questions he would be happy to answer them. Vice -Chair Ruiz asked the Planning Commission if there were any questions for Greg Murphy, City Attorney, regarding his recommendation. None Vice -Chair Ruiz invited Mr. Mok the first speaker to the podium. 2 Gary Mok, speaking on behalf of Chien P. Luu, thanked the Planning Commission and stated he is the individual that submitted the information tonight for the Planning Commission to review. He also stated that he is here tonight in objection to Lan Tan's request. Vice -Chair Ruiz asked if the Planning Commission had any questions for Mr. Mok. None Vice -Chair Ruiz invited then next speaker to the podium. Lan Tan, applicant, stated that the information submitted tonight is for a previous business investment at a different location and a court date of February 17, 2012 has been set. He stated that he does not understand why Mr. Mok is here objecting to his application. He stated he had a previous business with this gentleman and gave a brief history of other businesses he has in other cities and stated that some are in his wife's name. He also stated that he has gone to the Temple City Sheriffs to try to obtain information about his case but has been unable to receive anything. He stated that he had also contacted ABC but was told that if the Conditional Use Permit is not approved by the City they cannot approve the ABC Beer & Wine license. He stated that he does not understand what is going on and will need to contact his attorney. Vice -Chair Ruiz thanked the applicant and asked if anyone had any questions. Commissioner Herrera asked if the denial is recommended because of incidents at this location and requested more information. Vice -Chair Ruiz stated the recommendation by staff is to Deny Conditional Use Permit 11 -14 and asked Assistant Planner Trinh for more detail. Assistant Planner Thnh explained to the Planning Commission that the applicant misrepresented the floor plan on his application and referred to Exhibit B. She explained that when staff, the Chief of Police, and Public Safety conducted a site inspection the floor plans submitted did not match what was actually at the restaurant. She referred to the pictures in Exhibit C and pointed out that the booths did not have tables, they are almost fully enclosed, there are individual televisions, three large big screens, and the lighting is very dim in the rear, whereas in the front it is fully lit. She stated that when she spoke with the Chief of Police, he informed her that the applicant indicated to him that he would like to open the rear of the building for entertainment and karaoke. She stated the applicant has also applied for these business license applications with the City. She stated because of this misrepresentation staff cannot support this use. Vice -Chair Ruiz thanked Assistant Planner Trinh for her exhibits and explanation. He stated that Greg Murphy, City Attorney, has explained that we should not any emphasis on the new information submitted tonight but base our decision on the specifics of the lounge and what the applicant is proposing to have. He also stated that he would like to hear from Lt. Tim Murakami, the Chief of Police who is present tonight. He asked if there were anymore questions or comments from the audience. None Vice -Chair Ruiz closed the Public Hearing and invited Lt. Tim Murakumi, Chief of Police to the podium. Lt., Tim Murakumi, Chief of Police, stated that he had been an original member of the Asian Gang Taskforce and this building in the past was known as the Rose Room. He stated that when it was the Rose Room a lot of violence had taken place there and it was eventually closed down. This applicant has re- opened this building as a restaurant, but his concern is that the back room that has been transitioned back into a hostess bar. He stated that he is not opposed to a restaurant serving beer and wine but he is concerned with the back room. He explained that the back room is not set up to hold a Quincinera or birthday parties, but is set up like a hostess bar. He stated that he has spoken with the applicant and explained to him that he would support a restaurant but he cannot support a nightclub. He stated that he cannot support a nightclub scenario and explained in the past they have had difficulties with the back room being subleased to individuals that used the restaurants liquor license. He stated that this building has been a past gangster club. He explained that this would not benefit the City and foresees potential problems for law enforcement if approved. Vice -Chair Ruiz asked if the Commissioners had any questions for Lt. Tim Murakumi, Chief of Police Commissioner Hunter stated she thought this application is for a family restaurant. Lt. Tim Murakumi, Chief of Police, replied that is what the application states but when you look at the building it is not set for that. He explained that the problem is that there is a door in the back room that has an entrance to the street and the door from the restaurant to the rear area has been closed off giving the appearance of two separate entities. He also stated without going through that back door you cannot see what is going on in that back room at all. He stated that he has recommended to the applicant that the restaurant be redesigned and extend the restaurant seating to the back room. Assistant Planner Trinh stated that staff has spoken with Mr. Tan regarding the floor plan and possibly modifying the rear area into a bona -fide eating establishment, but he has indicated that he wants the entertainment, dance floor, and karaoke in the rear. Vice -Chair Ruiz asked Assistant Planner Trinh if the applicant has denied all request and recommendations that staff has made. Assistant Planner Trinh replied yes and therefore staff is denying this application. Vice -Chair Ruiz thanked staff and asked if anyone else had any questions. Lan Tan, applicant, stated he would like to address the Planning Commission. Vice -Chair Ruiz re- opened the Public Hearing and asked Lan Tan to the podium. Lan Tan clarified that the floor plan, which is Exhibit B, is the floor plan that had been approved previously in 2008. He also explained that he would like the back to be a sports bar and gave examples of what it will include (televisions to watch sport events, three big screens, karaoke, and a dance floor). He also stated he has a business in Temple City and compared this building to that one. Vice -Chair Ruiz thanked Mr. Tan for his comments and explained that because he has not agreed to any of the request and recommendations from staff, they are recommending the Denial of Conditional Use Permit 11 11 -14. He closed the Public Hearing and asked if the Commissioners had additional comments or questions. Commissioner Saccaro stated that even though the floor plans may have been approved previously for a restaurant, the floor plan is not acceptable today for a new Beer and Wine (Type 41) ABC License. Vice -Chair Ruiz stated he agrees with Commissioner Saccaro and the pictures in Exhibit C speak for themselves. He thanked Lt. Tim Murakumi, Chief of Police, and staff for their hard work. Consultant Wong stated he would like to reiterate a comment made by Commissioner Saccaro. He stated the ABC does not meet the criteria, but the Planning Commission decision should be based on the city code which states it should be a bona -fide eating establishment and this establishment is not. He stated that staff has asked for the applicant to modify his plans and he has refused to do so and that is why staff is recommending the Denial of Conditional Use Permit 11 -14. Vice -Chair Ruiz thanked Consultant Wong and asked for a motion. Commissioner Herrera made a motion, seconded by Commissioner Saccaro, to approve the DENIAL of Conditional Use Permit 11.14 and ADOPT Resolution No. 12-01 with findings. Vote resulted in: Yes: Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: Eng Greg Murphy, City Attorney, stated if any member of the public or the applicant would like to appeal this matter the appeal must be filed within 10 days of tonight's decision and the appeal will be heard by the City Council. 5. MATTERS FROM THE CHAIR & Commissioner Herrera asked staff for an update on the red curb on Delta Avenue off of Valley Boulevard. City Planner Bermejo replied that concern was submitted to Public Safety and staff will follow -up and verify status. 6. MATTERS FROM STAFF Acting Community Development Director Ramirez reminded the Panning Commission of the upcoming Lunar New Year Festivities taking place this Saturday, January 21, 2012 as long as the weather permits it, if it rains then it will be held on Sunday, January 22, 2012 or the following weekend. She stated this will be taking place at the Auto Auction site. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, February 6, 2012, at 7:00 p.m. ATTEST-) . Rachel Lockwood Commission Secretary 131 PC RESOLUTION 12 -01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DENYING CONDITIONAL USE PERMIT 11 -14, A REQUEST FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING PLACE, LOCATED AT 8772 VALLEY BOULEVARD IN THE C -313 (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN:5390 -010- 038). WHEREAS, on October 10, 2011, Lan Tan from Hunan Restaurant filed a Conditional Use Permit application, requesting for a new On -Sale beer and wine (Type 41) ABC license in conjunction with a bona fide public eating place, located at 8772 Valley Boulevard; and WHEREAS, 8772 Valley Boulevard, is located in the C -3D (Medium Commercial with a Design Overlay) zone; and WHEREAS, Section 17.112.020(g) 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 1 ATTACHMENT "C" 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 Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny Conditional Use Permits; and WHEREAS, on January 5, 2012, thirty (30) 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 -14, and on January 6, 2012, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on January 17, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional use Permit 11 -14; 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 FINDS AND DETERMINES that facts do exist to justify denying Conditional Use Permit 11 -14 according to the Criteria of Chapter 17.112.010 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 site is designated in the General Plan for Commercial and on the zoning map it is designated C -3D (Medium Commercial with a Design Overlay). The proposed use is in conformity with the General Plan in that C -3D (Medium Commercial with a Design Overlay) zoning is a corresponding zone district with the Commercial General Plan land use category. B. The establishment, maintenance or conduct of the use for which the PA 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. FINDING: According to the Chief of Police, the subject site has historically been the source of law enforcement problems relating to Asian gangs, drugs, and prostitution. On January 10, 2012, the Chief of Police conducted a site inspection which revealed that the floor plan resembles a hostess bar based on his experience with the Asian Gang Taskforce. The applicant told the Chief of Police that he would like to re- open the rear portion of the building a§ a "sports bar, karaoke and dance area," similar to one located in Temple City, which;is_essentially known as a hostess bar by the Public Safety Department. The Chief of Police is concerned that such business operation would attract clientele which will once again result in problems for the City. In addition, according to ABC, a "bona fide public eating place," means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guest for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an, assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all regulations of the local department of health (Section 23038). The actual use and layout of the restaurant, as opposed to the floor plan submitted to the City, clearly illustrates that the applicant does not meet the State's definition of a bona fide public eating place. Furthermore, the floor plan submitted as Exhibit "C" clearly misrepresents the current restaurant layout and is believe to have been an attempt to deceive the City. The proposed operation is not suitable at the proposed location due to its proximity to sensitive land uses and the high potential that the actual use would violate City codes and State law. Further, the subject site is 600 feet away from Muscatel Middle School and Rosemead Church of Christ. Residential properties are situated less than 100 feet away from the subject site. Therefore, the approval of the On -Sale beer and wine (Type 41) license will be detrimental to the health, safety, piece, morals, comfort or general welfare of the persons residing or working in the neighborhood. 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. FINDING: A site inspection completed by the Planning Division on November 16, 2011, revealed that the floor plan submitted is a misrepresentation of the current restaurant layout. According to Staffs inspection, the front dining area is well lit and consistent with a family style restaurant atmosphere, but the rear dining area resembles a hostess bar setting with dim lighting. The rear dining area is furnished with private, enclosed lounge areas that do not provide table dining. Each lounge area also provides a private television screen. The table seating shown on the applicant's floor plan in this area does not exist. Staff found a dance floor, disco ball, karaoke machinery, and a 3 speaker system in this area instead In addition, on January 10, 2012, the Chief of Police conducted a site inspection which revealed that the floor plan resembles a hostess bar based on his experience with the Asian Gang Taskforce. The Chief of Police has indicated that since 2005, when the applicant and his ex -wife assumed control of the restaurant, the rear portion of the restaurant once again became an Asian gang hangout. The IA County Sheriff Department's undercover operations at the subject site revealed underage gang members who fled the scene. He also indicated that after the alcohol license was cancelled with ABC, the applicant continued to sell alcohol in the restaurant and had alcohol hidden behind the service counter. Therefore, the approval of the On -Sale beer and wine (Type 41) license will be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. 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 applicant has indicated to the Chief of Police that he would like to re -open the rear portion of the building as a "sports bar, karaoke and dance area," similar to one located in Temple City, which is essentially known as a hostess bar by the Public Safety Department. Since the subject site is located 600 feet away from Muscatel Middle School and Rosemead Church of Christ and less than 100 feet away from several residential properties, the approval of the On -Sale beer and wine (Type 41) license will 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. E. The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; and FINDING: A site inspection completed by the Planning Division on November 16, 2011, revealed that the floor plan submitted is a misrepresentation of the current restaurant layout. According to Staff's inspection, the front dining area is well lit and consistent with a family style restaurant atmosphere, and that the rear dining area resembles a hostess bar setting with dim lighting. A hostess bar is not a permitted use in the City. The rear dining area is furnished with private, enclosed lounge areas that do not provide table dining. Each lounge area also provides a private television screen. The table seating shown on the applicant's floor plan in this area does not exist. Staff found a dance floor, disco ball, karaoke machinery, and a speaker system in this area instead. 4 In addition, according to ABC, a "bona fide public eating place, "means as a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guest for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all regulations of the. local department of health (Section 23038). The floor plan of the restaurant clearly illustrates that the applicant does not meet the State's definition of a bona fide public eating place. Therefore, the approval of the On -Sale beer and wine (Type 41) license will 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: 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,p.opulation 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. ABC has also determined that this location is located in a high crime district. The City's Chief of Police has reviewed this request and has indicated that this proposal cannot be supported. On January 10, 2012, the Chief of Police conducted a site inspection which revealed that the floor plan resembles a hostess bar based on his experience with the Asian Gang Taskforce. A hostess bar is not a permitted use in the City. In addition, the subject site is 600 feet away from Muscatel Middle School and Rosemead Church of Christ. Several residential properties are situated less than 100 feet away from the subject site. Therefore, the approval of the On -Sale beer and wine (Type 41) license will endanger or otherwise constitute a menace to the surrounding properties. SECTION 2 . The Planning Commission HEREBY DENIES Conditional Use Permit 11 -14, for a new On -Sale beer and wine (Type 41) license, located at 8772 Valley Boulevard. 5 SECTION 3 . This resolution is the result of an action taken by the Planning Commission on January 17, 2012, by the following vote: YES: HERRERA, HUNTER, RUIZ, AND SACCARO NO: NONE ABSTAIN: NONE ABSENT: ENG SECTION 4 . The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 17 day of January, 2012. ctor Rui , -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 17 day of January, 2012 by the following vote: YES: HERRERA, HUNTER, RUIZ, AND SACCARO NO: NONE ABSTAIN: NONE ABSENT: ENG Lm"da- Michelle Ramirez, Secle.ary APPROVED AS TO FO M: egory M. urphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP C HUNAN SEAFOOD RESTAURANT INC. 8772 Vall6y Blvd. Rosemead, Ca. 91770 January 19, 2012 City of Rosemead Re. C.U.P. and Alcohol License To Whom It May Concern: We would like appeal the C.U.P. and Alcohol License application, which were denied by City Commissioners on January 17, 2012. Any questions, please contact us. Sincerely, F Lan Khanh Tan ATTACHMENT "D" RESOLUTION 2012 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY CONDITIONAL USE PERMIT 11- 14, A REQUEST FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING PLACE, LOCATED AT 8772 VALLEY BOULEVARD IN THE C- 3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN:5390- 010 -038). WHEREAS, on October 10, 2011, Lan Tan from Hunan Restaurant filed a Conditional Use Permit application, requesting for a new On -Sale beer and wine (Type 41) ABC license in conjunction with a bona fide public eating place, located at 8772 Valley Boulevard; and WHEREAS, on January 17, 2012, the Rosemead Planning Commission denied Conditional Use Permit 11 -14 and adopted Resolution 12 -01, making findings and determinations with regard to the denial; WHEREAS, on January 19, 2012, Lan Tan filed an appeal to the City Clerk's office, requesting to appeal the Planning Commission's decision. WHEREAS, 8772 Valley Boulevard, 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 1 ATTACHMENT "E" 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 17.124.070 of the Rosemead Municipal Code authorizes the City Council to approve, disapprove, or modify the decision of the Planning Commission, and its decision shall be final on applications; WHEREAS, on February 2, 2012, thirty (30) 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, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 11 -14 APPEAL, and on February 3, 2012, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on February 14, 2012, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional use Permit 11 -14 APPEAL; and WHEREAS, the 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 of Rosemead as follows: SECTION 1 . The City Council HEREBY DETERMINES that Conditional Use Permit 11 -14 is Categorically Exempt from environmental review as a Class 9Exemption pursuant to Section 15309 of the California Environmental Quality Act (CEQA) Guidelines. SECTION 2 . The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify UPHOLDING the Planning Commission's decision to deny 6 Conditional Use Permit 11 -14 according to the Criteria of Chapter 17.112.010 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 site is designated in the General Plan for Commercial and on the zoning map it is designated C -3D (Medium Commercial with a Design Overlay). The proposed use is in conformity with the General Plan in that C -3D (Medium Commercial with a Design Overlay) zoning is a corresponding zone district with the Commercial General Plan land use category. 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. FINDING: According to the Chief of Police, the subject site has historically been the source of law enforcement problems relating to Asian gangs, drugs, and prostitution. On January 10, 2012, the Chief of Police conducted a site inspection which revealed that the floor plan resembles a hostess bar based on his experience with the Asian Gang Taskforce. The applicant told the Chief of Police that he would like to re- open the rear portion of the building as a "sports bar, karaoke and dance area," similar to one located in Temple City, which is essentially known as a hostess bar by the Public Safety Department. The Chief of Police is concerned that such business operation would attract clientele which will once again result in problems for the City. In addition, according to ABC, a "bona fide public eating place," means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guest for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all regulations of the local department of health (Section 23038). The actual use and layout of the restaurant, as opposed to the floor plan submitted to the City, clearly illustrates that the applicant does not meet the State's definition of a bona fide public eating place. Furthermore, the floor plan submitted as Exhibit "C" clearly misrepresents the current restaurant layout and is believe to have been an attempt to deceive the City. The proposed operation is not suitable at the proposed location due to its proximity to sensitive land uses and the high potential that the actual use would violate City codes and State law. Further, the subject site is 600 feet away from Muscatel Middle School and Rosemead Church of Christ. Residential properties are situated less than 100 feet away from the subject site. Finally, the property owner has withdrawn its support of the application based on the foregoing, stating its belief that the proposed operation is not within the owner's 3 contemplation of the proper uses for the site. Therefore, the approval of the On -Sale beer and wine (Type 41) license will be detrimental to the health, safety, piece, morals, comfort or general welfare of the persons residing or working in the neighborhood. 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. FINDING: A site inspection completed by the Planning Division on November 16, 2011, revealed that the floor plan submitted is a misrepresentation of the current restaurant layout. According to Staffs inspection, the front dining area is well lit and consistent with a family style restaurant atmosphere, but the rear dining area resembles a hostess bar setting with dim lighting. The rear dining area is furnished with private, enclosed lounge areas that do not provide table dining. Each lounge area also provides a private television screen. The table seating shown on the applicant's floor plan in this area does not exist. Staff found a dance floor, disco ball, karaoke machinery, and a speaker system in this area instead. In addition, on January 10, 2012, the Chief of Police conducted a site inspection which revealed that the floor plan resembles a hostess bar based on his experience with the Asian Gang Taskforce. The Chief of Police has indicated that since 2005, when the applicant and his ex -wife assumed control of the restaurant, the rear portion of the restaurant once again became an Asian gang hangout. The LA County Sheriff Department's undercover operations at the subject site revealed underage gang members who fled the scene. He also indicated that after the alcohol license was cancelled with ABC, the applicant continued to sell alcohol in the restaurant and had alcohol hidden behind the service counter. Finally, the property owner has withdrawn its support of the application based on the foregoing, stating its belief that the proposed operation is not within the owner's contemplation of the proper uses for the site. Therefore, the approval of the On -Sale beer and wine (Type 41) license will be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. 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 applicant has indicated to the Chief of Police that he would like to re -open the rear portion of the building as a "sports bar, karaoke and dance area," similar to one located in Temple City, which is essentially known as a hostess bar by the Public Safety Department. Since the subject site is located 600 feet away from Muscatel Middle School and Rosemead Church of Christ and less than 100 feet away from several residential properties, the approval of the On -Sale beer and wine (Type 41) license will present problems including, but not limited to, loitering, obstruction of 0 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. E. The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; and FINDING: A site inspection completed by the Planning Division on November 16, 2011, revealed that the floor plan submitted is a misrepresentation of the current restaurant layout. According to Staffs inspection, the front dining area is well lit and consistent with a family style restaurant atmosphere, and that the rear dining area resembles a hostess bar setting with dim lighting. A hostess bar is not a permitted use in the City. The rear dining area is furnished with private, enclosed lounge areas that do not provide table dining. Each lounge area also provides a private television screen. The table seating shown on the applicant's floor plan in this area does not exist. Staff found a dance floor, disco ball, karaoke machinery, and a speaker system in this area instead. In addition, according to ABC, a "bona fide public eating place," means as a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guest for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all regulations of the local department of health (Section 23038). The floor plan of the restaurant clearly illustrates that the applicant does not meet the State's definition of a bona fide public eating place. Therefore, the approval of the On -Sale beer and wine (Type 41) license will 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: 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 5 on -sale licenses for this census tract. ABC has also determined that this location is located in a high crime district. The City's Chief of Police has reviewed this request and has indicated that this proposal cannot be supported. On January 10, 2012, the Chief of Police conducted a site inspection which revealed that the floor plan resembles a hostess bar based on his experience with the Asian Gang Taskforce. A hostess bar is not a permitted use in the City. In addition, the subject site is 600 feet away from Muscatel Middle School and Rosemead Church of Christ. Several residential properties are situated less than 100 feet away from the subject site. Therefore, the approval of the On -Sale beer and wine (Type 41) license will endanger or otherwise constitute a menace to the surrounding properties. SECTION 3 . The City Council HEREBY UPHOLDS the Planning Commission's decision to deny Conditional Use Permit 11 -14, as approved and adopted by the Planning Commission on January 17, 2012. SECTION 4 . This resolution is the result of an action taken by the City Council on February 14, 2012, by the following vote: YES: NO: ABSTAIN: ABSENT: SECTION 6 . 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 Division. PASSED, APPROVED and ADOPTED this 14 day of February, 2012. Steven Ly, Mayor Gloria Molleda, City Clerk APPROVED AS TO FORM: Rachel Richman, City Attorney Burke, Williams & Sorensen, LLP R FLOOR PLAN ATTACHMENT "F" W &F INVESTMENT, LLC. 2211 East 27` Street. Vernon, CA 90058 Tel: (213) 216-4812 Fax: (323) 585 -2888 Email: WF.Investment @yahoo.com February 6, 2012 Conditional Use — Landlord Retraction of Approval To: City Council of the City of Rosemead Previously, our company signed an affidavit for our tenant, located at 8772 Valley Boulevard, a seafood type restaurant, to obtain an ABC license. Our company would like to add some of our recent findings in which we feel is essential for the city council to know prior to approving or disapproving the conditional use permit. It was made clear to us recently that our tenant's intention is not only to sell alcohol in the seafood restaurant establishment but rather to sell alcohol in an enclosed area towards the rear of the premise which was supposed to be either used as a storage area or an expansion of the restaurant. Due to recent inspections, we have found out that the tenant intends to open some sort of a hostess club or bar in the back part of his leased unit completely separate and separate than the family environment the current restaurant provides. In fact, the tenant has already installed numerous bar equipment, lounge chairs/sofas, television and remodeled in fall the premise (lighting, paint, etc.) Our management hereby disapproves of the tenant's planned usage of this "back section" of his leased premise. We have no issue for the tenant selling alcohol at the restaurant but we do not condone any type of hostess type bar or lounge that is "fronted" by a family type restaurant in the front. If there are any questions, please feel free to let us know. Thanks! Sin ly, W &F vestm nt, LLC. W & F Investment LLC. 2211 East 27TH Street. Vemon, CA 90058 TEL: 213. 216-4812 FAX: 323- 585 -2888 Email: WF.Investment @yahoo.com ATTACHMENT "G"