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PC - 2002 - 57 - Approving Conditional Use Permit 02-901 For The Transfer of Ownership of an On-Sale (Type 41) Beer and Wine ABC License in Conjunction With An Eating Establishment 8450 East Valley Boulevard Units 119 & 1200 0 PC RESOLUTION 02 -57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 02 -901, FOR THE TRANSFER OF OWNERSHIP OF AN ON -SALE (TYPE 41) BEER AND WINE ABC LICENSE IN CONJUNCTION WITH AN EATING ESTABLISHMENT, LOCATED AT 8450 EAST VALLEY BOULEVARD, UNITS 119 & 120 IN THE C-31) (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. (APN: 5371- 009 -040). WHEREAS, on November 5, 2002, Weiliang Mao, DBA Majesty Restaurant, filed a conditional use permit application for the transfer of ownership of an On -Sale Beer and Wine (Type 41) ABC license in conjunction with an eating establishment located at 8450 East Valley Boulevard, Units 119 & 120; and WHEREAS, 8450 East Valley Boulevard, Units 119 & 120 is located in the C -31) (Medium Commercial with a Design Overlay) Zoning District; and WHEREAS, Section 17.1 12.030.9 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 December 4, 2002, 103 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 -901: and WHEREAS, on December 16, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02- 901; 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 -901 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 -901 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 transfer an existing On -Sale beer and wine 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, be detrimental or injurious to the property and improvements in the neighborhood. FINDING: The proposed use is located within an established commercial district 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, 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 subject site has been operating with an on -sale alcohol license since 1993. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 02- 901, to allow the transfer of ownership of an On -Sale General (Type 41) ABC license in conjunction with a liquor store, on property located at 8450 E. 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 December 16, 2002, by the following vote: YES: LOI, ALARCON, BREEN, HERRERA, ORTIZ NO: ABSTAIN: ABSENT: 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 6 °i day of January, 2003. G� Due Loi, Chairman 9 i 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 6 ° i day of January 2003 by the following vote: YES: NO: ABSTAIN: ABSENT: Bradfor,XKohnson, Secretary PU MN6 COMM/SS/ONME171N6 ALARCON X ORTIZ X X BREEN X HERRERA X X LOI X DATE: January 6, 2003 AGENDA #: 96A -B RESO #: PC RESOLUTION(S) 02- 56,C57, 58 59 ADDRESS/DBA: > 8818 Garvey (CUP 02 -895) > 8450 Valley, Units 119 -120 (CUP 01 -901) > 7862 Whitmore (CUP 02-902) > 8811 Garvey (CUP 02 -906) ADJOURNMENT: 7:30 P.M. '4 7 onditicnral Use Permit 02 -901 December 16, 2002 Page 4 of 5 EXHIBIT "A" CONDITIONAL USE PERMIT 02 -901 8450 East Valley Boulevard Units 119 -120 (Majesty Restaurant) CONDITIONS OF APPROVAL December 16, 2002 L Conditional Use Permit 02 -901 is approved for one (1) year from the date of these conditions. At least thirty (30) days prior to the end of this one (1) year period, the applicant shall file a written extension request to the City of Rosemead Planning Department. 2. The following conditions must be complied with to the satisfaction of the director of planning prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. The applicant shall sign a notarized affidavit agreeing to these conditions within ten (10) clays of approval. 4. 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. 5. 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. 6. The property shall comply with all appropriate building, fire, and health department regulations. 7. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 8. The hours of operation shall be posted on the front window or door. Hours of operation shall be limited to the hours of A.M. to 10 P.M., daily. 9. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty -four (24) hours. A 24 -hour, Graffiti Hotline can be called at (626) 307 -0463 for assistance. 10. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010, .020, .030 and .040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. 11. Adequate lighting shall be provided in the vehicle parking area. Motion- activated lights shall be installed where deemed appropriate by the director of planning. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 12. 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. 13. Pursuant to California Vehicle Code Section § 22511.8, 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. , Conditional Use Permit 02 -901 December 16, 2002 f ' Page 5 of 5 / �f 14. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 1 /4 inches contrasting in color and easily visible at driver's street level. The location, color, and size of such signs shall be subject to the planning director's approval. 15. 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. 16. 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. 17. Conditional Use Penuit 02 -901 is for an On -Sale Beer & Wine (Type 41) ABC license. 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. 18. Sale of alcoholic beverages shall be for on -site consumption only. 19. The applicant shall comply with Ordinance No. 567, which requires the posting of a sign prohibiting consumption of alcoholic beverages adjacent to the premises within parking lots and public sidewalks. Such signs are subject to the planning director's approval. 20. 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. 21. That there shall be no amplified music or entertainment, without prior approval of an entertainment permit through the City Business License Clerk. 22. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.