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PC - 2003-10 - Approving Conditional Use Permit 03-911 Approving Transfer of Ownership of Existing On-Sale Beer and Wine (Type 41) ABC License in Conjunction With an Eating Establishment 8752 East Valley Boulevard• PC RESOLUTION 03 -10 A RESOLUTION OR THE PLANNING COMMISSION OT THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 03 -911, APPROVING THE TRANSFER OF OWNERSHIP OF AN EXISTING ON- SALE BEER AND WINE, (TYPE 41) AI3C LICENSE IN CONJUNCTION WITI1 AN EATING ESTABLISHMENT, LOCATED AT 8752 EAST VALLEY BOULEVARD. (APN: 5390 -010 -081). NVIIEREAS, on January 23, 2003, Tarlochan Singh Pabla, d.b.a. Chanel Cuisine of India of 1 1618 Orchid Avenue, Fountain Valley, Ca, 92708, filed a conditional use permit application to transfer an existing on -sale beer and wine (Type 41) ABC license in conjunction with an eating establislmncnt located at 8752 E. Valley Boulevard; and WHEREAS, 8752 East Valley Boulevard is located in the C -3D; Mcdium Commercial with a Design Overlay zone, and NVIIEREAS,Section 17.112.030.9ofthe Rosemead Municipal Code(RMC)pernits the on- sale of alcoholic beverages upon the granting of a Conditional Use Permit (CUP). Section 17.1 12.010 sets criteria required for granting such a permit. These criteria require that the proposed use deemed: The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare of the City. 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 . NN'11ERE AS, Sections 17. 112.010 of the Rosemcad Municipal Code specifies the criteriaby which a conditional use permit may be granted; and WII EREAS, oil February 6, 2003, 43 notices were sent to properly owners within 000-foot radius front the subject property, in addition to notices posted in 12 public locations, specifying the availability ofthe application, plus the date, time and location ofthe public hearing for Conditional Use permit 03-911; and WHEREAS, on February 18, 2003, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use permit 03-911; and NVI-I EREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to therm in order to make the following determination. NOW, THEREFORE; BE IT RESOLVED by the Planning Commission of the City of Rosenead as follows: SECTION 1 . The Planning Commission HEREBY DETERMINES that Conditional Use Permit 03-911 is Categorically Exempt froul cnvironnnental review as a Class 9 Exemption pursuant to Section 15309 of the California Environmental Quality Act (CEQA). SECTION 2 . The Planning Commission 1-- 1EREBY FINDS AND DETERMINES that facts do exist to fy approving Conditional Use Permit 03 -911 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safely, peace, morals, comfort or general welfare of persons residing or working the neighborhood thereof; • M FINDING: As City policy, a new operator must obtain a CUP in order to transferownership of an existing permit foron -site sales ofbcer and wine for an eating establishment. This site will be operated in accordance with applicable City regulations, and is inconformity with9hedevelopment in and around the Project site. 13. The establishment, maintenance, and operation of the proposed use so applied for will 1101, under the circumstances of the particular case be detrimental or injurious to the property and improvements in the neighborhood; FINDING: Tile proposed use is located within an established commercial districtofthe City, and is designated Commercial in the General Plan. The proposed rise is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will contribute to the economic well being of the commercial areas of the City. C. The establishment, maintenance, and operation of the proposed use so applied for will not, muter the circumstances of the particular case will not be detrimental or injurious to the general welfare of the City. FINDING: The proposed use will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit. The Deportment of Alcoholic Beverage Control has found that there will not be an "over - concentration" of On -Sale general alcohol licenses within the census tract of the subject property. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit. 03-911, to allow the transfer of an existing on -sale beer and wine (Type 41) ABC license in conjunction with an eating establishment, on property located at 8752 East Valley Boulevard, subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on February 18, 2003, by the following vole: YES: LOI, HERRERA, BREEN, ALARCON, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE SECTION 5 . The secretary shall certi fy to the adoption of this resolution and shat) transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 3" day of rcHM03. G Due Loi, Chainuan,r .... �4 0 9 CGRTII+ICATION I hereby certify that the foregoing is a true copy of resolution adopted by the Planning Commission of the City ol' Rosemead at its regular meeting, held on the 3` day of March 2003 by the following vote: YIiS: NO: ABS It, NT: ABSTAIN: 13ra , ohnson, Secretary Coudilipnrrl Use PcI nO 03 -91 / F,!bri ity 18, 2003 PqM 4 n% 4 ENJ II I3IT "A" CONDITIONAL USE PERMIT 02 -91 1 8752 East Valley Boulevard (Chr mcli Cuisine or India) CONDITIONS OF APPROVAL Peb� (S, 2003 Condilional Use Permit 03 -911 is approved for one (1) year from the dale of these conditions. At. least thirty (30) days prior to the end of this one (I ) year period, the applicant shall lilt a written extension request to the City of Rosemead PlanningDcpnrtmenl. 2. The following conditions must be.eonlplied with to the satisfaction of the director of planning I iol to final approval of Tc associated plans; building permits, occupancy permits, or any other appropriate request 3. 110 applicanl shall sign a notarized affidavit agreeing to these conditions within Len (10) days of approval. ,1. Window signagc area shall be limited to a maximum of 15% of the window and door area. Applicant shall remove that signage NOW exceeds the 15 % coverage area. 5. Sighs shall conMly with Chapter 1 7.104 of the Rosemead Municipal Code. Specifically, signs shall not cover more than 151; of window area or 25TA of wall areas. All signs must comply wilh Section I A 10 regarding identification of the business in English. 6. 'I'lic property shall comply with all appropriate building, lire, and health department rcgu lA W". 7. All (rash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and inainloined in a clean, safe, and sanitary condition. 8. 'flit hours of operation shall be posted on the front window or door. flours ofoperation shall be limited to the hours or!) A.M. to 10 P.M. Monday through Sunday. If al any lime (he applicant desires to extend the closing hour of the operation, the applYnt shall obtain prior City approval. 9. The si( eshollbe maintained inagiaffiti- frcestate. Any nc %vgiaffilis hall lie rcniovcdwiduti twenty -fair (24) hours. A 24 -hour, Graffiti Ilolline can be called at (626) 307 -0463 for assistance. 10. The site shall be maintained in a dew, weed and litter Gee slate in accordance with Sections 832M It .020, .030 and .040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All Leash containers shall be stored in the appropriate (rash enclosure al all limes. 1 1. AdequIte 111211(ing shall be provided in the veNdc parking area. Motiomactivaled lights shall be installed where deemed appropriate by the director ofplenning. All exterior lightingshall be directed away front adjacent properties and shielded oil all sides. 12. The parking at including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of dic PlanOngDeparhnorl. In accordancc %vith Chapter 17.54 of Llic Rosemead iMunicipal Code, all dcAlgimed parking venues shall he striped. Such striping shall be niainloiried in a clear, visible, and orderly manner. 13. Pursuant 10 California V /chicle Code SccIioII § 22511.5, at lead two (2) percent of IIIc rcgtiircd pal Imig stalls AMN be dcsignwcd forhandicap spacc. A lctici by thcprepeity.owiier 9 shall he given In the Cily authori CnfOI'CCInCnt. (..'on Jiliond Uwe Pci mil 03 -91 / Frmemy 18. 2023 t wKe 5 n/'.5 14. The numhers of the nddress signs shall be at lead six (6) inchcs tall with a minimum character width of 'K inches conlrastiilg in color and easily visible to driver's MCA level. �fhe location, color, and size of such signs shall be subject to the planning director's approval 15. = hhcparlcingspaccmarkcrs— incluelingdoublcslriping ,wheclMoris,andllandicopped- -shall be repainted periodically to city standards and to the satisfaction of the planning department. 16. ITenlriplicantshMI kcepdhe electrical and mechanical equipment and /oremcrgency exits free of any debris, storage, furniture, ele and maintain a mininn rn clearance of five (5) feet. 17. Conditional Use l'ermil 03-911 is for an On -Sale l3ccr & Winc (Type 41) ABC license. All ioluimnerds and appropriate licenses of the Stale of California and The California Stale Deparllricil of Alcoholic Beverage Control shall be complied with and maintained at all IIn ICS. 13. Sale of alcoholic hevcmgcs shall be for on-aitc consumption only. 19. - the applicant shall comply with Ordinance No. 567, which requires (he posting of a sign prohibiting consumption of alcoholic beverages adjacent to the premises within paI Icing lots and public sidewalks. Such signs arc subject to the planning director's approval. 20. Re- stripe all pm'Icing spaces according to Section 1714.100(4) of the Rosemead Municipal Code. 21. Dill polholes loca(ed throughout parking area. 22. Remove gmfMi on sign pole and rgmintentiresikn pole in original while color. 23. Replace, signs in compliance wills Ordinance No. 567, requiring the posting of signs pruhihitink consunipr ion of alcoholic heva'ages adjncenl to the premises "Min parkilig lots and puhldc sidewalks. Size, location, and material of such signs shall he subject to the 1'I:uining Director's approval. 24. Violation or the conditions of approval may result in citation and /or the initiation of revocation proccolings. 25. ITic restaurant shall manotlin n full services (bona fide) eating es(ablishment, serving meals at all links that alcohol is servod, for consumption on thc,premiscs. 26. No smoking shall he permiticil within (he premises, Imlisuanl (o state law. Signs notifying users of(hc building of IIIC "no smoking" requirement shall be pmminenUy displayol. 27. Prior to issuance of a mifiallc of occupancy the apjilicant shall obtain a city business I ICCnsC.