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PC - 2003-03 - Approving Conditional Use Permit 02-908 Issuance Of An On-Sale General (Type 47) ABC License In Conjunction With An Eating Establishment 3514 Rosemead Boulevard0 PC RESOLUTION 03 -03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 02 -908, FOR THE ISSUANCE OF AN ON -SALE GENERAL (TYPE 47) ABC LICENSE IN CONJUNCTION WITH AN EATING ESTABLISHMENT, LOCATED AT 3514 ROSEMEAD BOULEVARD IN THE C -31) (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. (APN: 8594- 023 -041). WHEREAS, on December 26, 2002, Fernando Galan DBA Mayumba Cuban Restaurant filed a conditional use permit application for the issuance of an On -Sale General (Type 47) ABC license in conjunction with an eating establishment located at 3514 Rosemead Boulevard; and WHEREAS, 2125 San Gabriel Boulevard is located in the C -3D (Medium Commercial with a Design Overlay) Zoning District; and WHEREAS, Section 17.112.030.9 of the Rosemead Municipal Code (RMC) permits the on- sale of alcoholic beverages 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 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 to 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 WHEREAS, Sections 17.112.010 of the Rosemead Municipal Code specifies the criteria by which a conditional use permit may be granted; and WHEREAS, on January 9, 2003, 88 notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in 12 public locations, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 02 -908; and WHEREAS, on January 20, 2003, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02 -909; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1 . The Planning Commission HEREBY DETERMINES that Conditional Use Permit 02 -908 is Categorically Exempt from environmental review as a Class 9 Exemption pursuant to Section 15309 of the California Environmental Quality Act (CEQA). SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 02 -908 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: 0 0 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, safety, peace, morals, comfort or general welfare of persons residing or working the neighborhood thereof, FINDING: As City policy, a new operator must obtain a CUP in order to issue an On -Sale general alcohol license in conjunction with an eating establishment. This site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. B. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the property and improvements in the neighborhood. FINDING: The proposed use is located within Rosemead Place, an established commercial center of the City, and is designated Commercial in the General Plan. The proposed use 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, under 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 Department 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 02 -908, to allow the issuance of an On -Sale General (Type 47) ABC license in conjunction with an eating establishment, on property located at 3514 Rosemead 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 January 20, 2003, by the following vote: YES: LOI, ALARCON, HERRERA, ORTIZ NO: ABSTAIN: ABSENT: BREEN SECTION 5 . The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the to Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 3r day of February, 2003. i G 6 Due Loi, Chairman 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 3rd day of February 2003, by the following vote: YES: NO: _ ABSTAIN: ABSENT: Bradfor d "Johnson, Secretary e nosemead Planning Commission Conditional Use Permit 02 -908 January 20, 2003 Page 5 of 7 EXHIBIT A CONDITIONAL USE PERMIT 02 -908 3514 Rosemead Boulevard (Mayumba Cuban Restaurant) CONDITIONS OF APPROVAL January 20, 2003 1. Conditional Use Permit 02 -908 is approved for an on -sale general (Type 47) ABC license in conjunction with an eating establishment in accordance with the plan marked Exhibit "B ". Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval of Conditional Use Permit 02 -908 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an notarized affidavit stating that he /she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions. 3. Conditional Use Permit 02 -908 is approved for a period of one (1) year. Applicant shall make progress towards initiation of proposed use or request 30 days prior to expiration from the Planning Commission. Otherwise Conditional Use Permit 02 -908 shall become null and void. 4. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 5. Prior to the issuance of building permits, all fees payable under State Law shall be paid. 6. Planning staff shall have access to the subject property at any time during construction to monitor progress. 7. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 8. The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4 ", contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the Planning Director. 9. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 10. All conditions of Case No.: CONDITIONAL USE PERMIT 02 -908 must be complied with to the satisfaction of the Director of Planning. 11. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. 12. The hours of operation shall be posted in the front window or door. Hours of operations shall be limited to 11:00 a.m. to 12:00 midnight, daily. 13. Window signage area shall be limited to a maximum of 15% of the window and door area. Applicant shall remove that signage which exceeds the 15% coverage area. 14. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Specifically, signs shall not cover more than 15% of window area or 25% of wall areas. All signs must comply with Section 17.104.080 regarding identification of the business in English. *Rosemead Planning Commission Conditional Use Permit 02 -908 January 20, 2003 Page 6 of 7 15. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the planning and building departments for review. 16. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 17. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty -four (24) hours. A 24 -hour, Graffiti Hotline can be called at (626) 307- 0463 for assistance. 18. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010 - 8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. 19. Adequate lighting shall be provided in the vehicle parking area. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 20. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Department. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such striping shall be maintained in a clear, visible, and orderly manner. 21. Pursuant to California Vehicle Code Section § 22261.8, at least two (2) percent of the required parking stalls shall be designated for handicap space. A letter by the property owner shall be given to the city authorizing enforcement. 22. The parking space markers — including double striping, wheel stops, and handicapped- - shall be repainted periodically to city standards and to the satisfaction of the planning department. 23. The applicant shall keep the electrical and mechanical equipment and/or emergency exits free of any debris, storage, furniture, etc and maintain a minimum clearance of five (5) feet. 24. Any changes to the condition of operation listed in this Exhibit "A" must be first approved by the Planning Commission through a modification application. The Planning Commission through a design review must first approve exterior changes to this site. 25. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings. 26. A security plan shall be prepared and submitted to the Sheriffs Department outlining security procedures for the restaurant. This plan shall be reviewed and approved by the Sheriffs Department, prior to final occupancy permit. 27. The applicant shall comply with Ordinance No. 567, which requires the posting of a sign prohibiting consumption of alcoholic beverages adjacent to the premises within parking lots and public sidewalks. Size, location, and material of such signs shall be subject to the planning director's approval. 28. Conditional Use Permit 02 -908 is for an on -sale general (Type 47) ABC license in conjunction with an eating establishment. All requirements and appropriate licenses of the State of California and The California State Department of Alcoholic Beverage Control shall be complied with and maintained at all times. 29. This permit shall be reviewed by the Planning Commission six months following the opening of the restaurant business.