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PC - Item 3C - Design Review 12-02 and Conditional Use Permit 12-06 at 3611-3616 Rosemead BoulvardROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: AUGUST 6, 2012 SUBJECT: DESIGN REVIEW 12 -02 AND CONDITIONAL USE PERMIT 12 -06 3610 -3616 ROSEMEAD BOULEVARD Summary McKently Malak Architects, Inc., representing Rosemead Place, LLC, has submitted a Design Review application to construct a new 6,530 square foot commercial building comprised of four (4) units. The project includes demolishing an existing 6,577 square foot commercial building to provide a site for the proposed 6,530 square foot building. A Conditional Use Permit application has also been submitted for a new On -Sale Beer and Wine (Type 41) ABC license for a Chipotle Mexican Grill Restaurant that will be a primary tenant of the four -unit building. The subject site is located at 3610 -3616 Rosemead Boulevard in the-C -3D (Medium Commercial with a Design Overlay) zone. Environmental Determination: Section 15302 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Accordingly, Design Review 12 -02 is classified as a Class 2 Categorical Exemption pursuant to Section 15302 of CEQA guidelines. 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 12- 06 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 APPROVE Design Review 12 -02 and Conditional Use Permit 12- 06 and ADOPT Resolution No. 12 -13 with findings (Exhibit "A ")'subject to the thirty -two (32) conditions outlined in Exhibit "B" attached hereto. r Planning Commission Meeting August 6, 2012 Page 2 of 23 Property History and Description I The subject property is located on the eastside of Rosemead Boulevard, between Marshall Avenue and the San Bernardino (1 -10) Freeway, within the Rosemead Place Shopping Center. The shopping center is controlled by Covenants, Conditions and Restrictions (CC &R's). According to the CC &R's, the site consists of three (3) parcels, totaling approximately twenty -six (26) acres. The CC &R's cover all aspects of maintenance and shared use of the common areas, including but not limited to driveways, landscaping, lighting, parking, and trash facilities. Vehicular access to the site is provided by several driveways located on Rosemead Boulevard, Marshall Street, Hart Avenue, and the San Bernardino (1 -10) Freeway westbound off -ramp. According to the Building and Safety Division records, the property is currently developed with nine (9) commercial buildings occupied variously by single or multiple tenants, which include restaurants, offices, retail `stores, a bank, a UPS store, and a health club. According to Planning Division records, several entitlements for design reviews, zone variances, zone changes, and conditional use permits have been processed since 1965. As illustrated in the aerial below, the project site,is currently developed with a 6,577 square foot commercial building. According to Planning Division records, the commercial building was previously occupied by Hollywood Video and Toys. R Us Express. It is now vacant. Planning Commission Meeting August 6, 2012 Page 3 of 23 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: Low Density Residential Zoning: R -1 (Single - Family Residential) Land Use: Residential South: General Plan: San Bernardino (1 -10) Freeway Zoning: San Bernardino (1 -10) Freeway Land Use: San Bernardino (1 -10) Freeway East: General Plan: Low Density Residential Zoning: R -1 (Single - Family Residential) Land Use: Landscaping and Residential West: General Plan: Commercial Zoning: C -31D (Medium Commercial with a Design Overlay) and P -D (Planned Development) Land Use: Commercial Administrative Analysis The applicant is requesting to demolish an existing 6,577 square foot commercial building to construct a 6,530 square foot commercial building comprised of four (4) units. One of the units (Unit 3616) will be occupied by Chipotle Mexican Grill Restaurant. A Conditional Use Permit application has been submitted for a new On- Sale Beer and Wine (Type 41) ABC license for the Chipotle Mexican Grill Restaurant. Site Plan As illustrated on the site plan (attached as Exhibit "C "), the proposed single -story commercial building is located within the Rosemead Place Shopping Center. The applicant is proposing to improve the project area with new striping, fencing, and landscaping. In addition, the applicant is proposing an outdoor patio along the east and north portion of the building. The outdoor patios will be surrounded by a two foot tall split face block wall and a 2' -6" landscape planter. The applicant is also proposing to install a new trash enclosure with a solid roof cover at the southwest corner of the project area. The trash enclosure has been designed to complement the building's architecture. Floor Plan The proposed four (4) unit commercial building will total 6,530 square feet. The square footage of each unit ranges from approximately 1,200 square feet to 2,138 square feet. A 254 square foot electrical room will be located along the southwest portion of the Planning Commission Meeting August 6, 2012 Page 4 of 23 building. As indicated on the site plan, Chipotle Mexican Grill Restaurant will occupy one of the four (4) units (preliminary floor plan attached as Exhibit "D "). It has not yet been determined who will be occupying the other three (3) units of the commercial building Elevations The applicant has worked with the Planning Division in designing an aesthetically pleasing project. Various elements have been added to provide architectural interest to the design. These elements include the use of contrasting exterior finishes, split face masonry, metal siding, metal canopies, fabric awnings, and a wood trellis. The applicant proposes to apply various types of `materials to the exterior walls of the commercial building to further break -up the building's profile. According to the colored renderings, which will be available to view at the Planning Commission meeting, the applicant is proposing a mixture of earth toned exterior stucco finish along the majority of the building. To accentuate the building, the tower element located at the northeast corner of the building will be finished with gray metal siding (future Chipotle Mexican Grill Restaurant). The building cornice will be smoothly finished in a tan color. Brownish -gray colored split face masonry block will be applied at the base of the building throughout all elevations. To provide architectural interest to the exterior design of the commercial building, the applicant is proposing to install black metal canopies and red and terra cotta colored fabric awnings above each window. In addition, the, applicant is proposing to incorporate a tan colored wood trellis along the west elevation. The applicant is also proposing to install several wall mounted light fixtures along all elevations. Parking and Circulation Per RMC Section 17.84.100 (C2), one parking is required for each two hundred eighty (280) square feet of combined floor area for shopping centers over 100,000 square feet. A total of 1,432 parking spaces are required for the entire shopping center. The shopping center currently provides a total of 1,655 parking spaces onsite. Based on this ratio, the shopping center has a surplus of 223 parking spaces. Chipotle Mexican Grill Restaurant Chipotle Mexican Grill Restaurant is one of the first chains of fast casual dining establishments. There are more than 1,200 locations in 43 states. Chipotle Mexican Grill Restaurants offer freshly made burritos, tacos', fajitas, and salads. A copy of their D menu has been attached as Exhibit "". Chipotle Mexican Grill Restaurant proposes to sell beer and wine, which will require approval of an On Sale General (Type 41) ABC license. The applicant has indicated that the hours of operation will be between 11:00 a.m. to 10:00 p.m., daily. The applicant has also indicated that Chipotle Mexican Grill Restaurant will employ Planning Commission Meeting August 6, 2012 Page 5 of 23 approximately 30 employees, but will operate with an average of 8 staff members per shift. State Department of Alcoholic Beverage Control (ABC) and Public Safety Report 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 overdue concentration of alcohol permits. ABC defines "over - concentration" as greater than one license per 1,116 residents living within the subject census tract. The population of the census tract (No. 4329.01), in which the subject property is located, is 4,464. The number of allowable on -sale ABC licenses for this census tract is four (4). Currently, there are five (5) authorized on -sale licenses for this census tract. Although the Department of Alcoholic Beverage Control has found that there is an "overdue concentration" of on -sale beer and wine licenses for this census tract, the City of Rosemead can, as a policy matter, decide that clustering these uses is appropriate. The Department of Alcoholic Beverage Control has also determined that this location is not located in a high crime district. The City of Rosemead Public Safety Center found no unusual situations, concerns, or incidences have occurred on the subject site. For these reasons, the Chief of Police has indicated that he is in support of this request, notwithstanding the ABC's finding. The serving of beer and wine as an ancillary use to dine -in restaurant will not cause obstructions to pedestrian traffic, vehicular traffic, or parking. Regular inspections by State ABC, the Rosemead Public Safety Department, and the Los Angeles County Sheriffs Department will ensure that the location is monitored, and that the serving of alcoholic beverages will not result in interference with children on their way to school, shoppers using streets, or defacement of surrounding properties. The subject site is not located near any schools or churches. The nearest school or church is over 2,000 feet away from the subject restaurant. The property owner has indicated that a shopping center security guard is present between the hours of 6:30 a.m. to 10:30 p.m., Monday through Friday and 10:00 a.m. to 10:00 p.m. Saturday through Sunday. The property owner has also indicated that there are sixty (60) state of the art 24 -hour surveillance cameras throughout the entire shopping center. The applicant has submitted a security camera plan (attached as Exhibit "E "), which details the location of the security cameras that will be installed within the restaurant. Chipotle Mexican Grill Restaurant has submitted a copy of their corporate employee liquor laws for the serving of alcohol, titled "Chipotle The Know ". A copy of "The Know" has' been attached in this staff report as Exhibit "F ". In addition, they have also submitted a copy of the "Cashier's Role in Liquor Handling and.Control" (attached as Exhibit "G "). The purpose of these documents is to help Chipotle Mexican Grill Restaurant team members serve their guests in a responsible manner and to provide information concerning ways to handle specific situations that they may encounter. Planning Commission Meeting August 6, 2012 Page 6 of 23 Staff feels that this use is consistent with the surrounding commercial properties and existing land uses in the general area, with no foreseeable negative impacts to the adjacent neighborhood or adjoining properties. Matters from the Engineering Division The City's Engineering Consultant's review of the proposed project revealed that the L- shaped building located at the northwest corner of the property is currently situated on two (2) parcels. As illustrated in the diagram on page 6, the property line runs through the building creating a substandard condition. w � O WA MARSHALL t RE116 SLOWS I �' , L RETIJL o.e 'Ia'i I STORES -: MW t xOP t�'1.i4 •6E11]ND a Ct 3 ' '�li %.'���� c mr'• � 1 .--- " —. —. —. — .- - - - -.— (ATERSTATE fO STREET I, Ii -I G E ICt 1= I E I r : t„ e.urs 1� ry� Fi ll RAMONA I BOKEVARD J___ -- f - -. — "— ----- -- -- --- -- -- -- - -- --- TEEWAY The applicant and property owner are proposing to correct the substandard condition by merging all three parcels into one parcel of land through a Lot Line Adjustment application with the City, which will be reviewed and approved by the City's Engineering Division. A condition of approval has been added requiring that the lot line adjustment be completed prior to Building and Safety Divisions final inspection. Municipal Code Requirements Section 17.72.030 of the Rosemead Municipal Code (RMC) states that design review procedures shall be followed for all improvements requiring a building permit or visible changes in form, texture, color, exterior fagade or landscaping. Planning Commission Meeting August 6, 2012 Paoe 7 of 23 Section 17.72.050 provides the criteria by which the Planning Commission may approve, approve with conditions, or deny an application: A. The plans indicate proper consideration for the relationship between the proposed structure and site developments that exist or have been approved for the general neighborhood; The subject property is located within the Rosemead Place Shopping Center. The applicant has worked with the Planning Division in designing an aesthetically pleasing project. The proposed project will vastly improve the appearance of the shopping center and its relationship to the commercial district. The proposed project is consistent with Goal 5, Policy 5.5 and 5.6 of the Land Use Element of the City's General Plan in that it calls to continue to support development of Rosemead Place Shopping Center as a commercial center and for commercial projects to be developed in. a manner that it complements .established commercial uses. B. The plan for the proposed structure and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations, and other factors that may have an adverse effect on the environment, and the manner of screening mechanical equipment, trash, storage and loading areas. The subject property is located within the Rosemead Place Shopping Center. All construction work will be required to comply with the timeframe and decibel levels indicated in the City's Noise Ordinance (Ordinance 478 and 541). Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property. This development will not adversely affect surrounding properties. C. The proposed structure or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing building or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value. The proposed project will improve the physical appearance of the Rosemead Place Shopping Center. The applicant has worked with the Planning Division in designing an aesthetically pleasing project. Various elements have been added to provide architectural interest to the design. These elements include the use of contrasting exterior finishes, split face masonry, metal siding, metal canopies, fabric awnings, and a wood trellis. The applicant proposes to apply various types of materials to the exterior walls of the commercial building to further break -up the building's profile. To accentuate Planning Commission Meeting August 6, 2012 Paae 8 of 23 the building, the tower element located at the northeast corner of the building will be finished with gray metal siding (future Chipotle Mexican Grill Restaurant). The building cornice will be smoothly finished in a tan color. Brownish -gray colored split face masonry block will be applied at the base of the building throughout all elevations. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center, or in public or educational use, or are within or immediately adjacent to land included within any precise plan that indicates building shape, size, or style. The property is not part of the Civic Center Plan, precise plan, or land reserved for public or educational use; there is no special need to create harmony with the general area. Notwithstanding this, the approved design will create a development that is aesthetically complementary to the surrounding area and will enhance land values in the general area. This is due to the proposed elements (contrasting exterior finishes, split face masonry, metal siding, metal canopies, fabric awnings, and a wood trellis) on the new commercial building, which will provide architectural interest to the design. E. The proposed development is in conformity with the standards of this code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved. This proposed development meets all of the minimum code requirements for the C -31D (Medium 'Commercial with. Design Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal Code. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development from the view of public streets. The proposed project will improve the physical. appearance of the Rosemead Place Shopping Center. The Rosemead Place Shopping Center's CC &R's cover all aspects of maintenance and shared use of the common areas, including but not limited to driveways, landscaping, lighting, parking, and trash facilities. Vehicular access to the site is provided by several driveways located on Rosemead Boulevard, Marshall Street, Hart Avenue, and the San Bernardino (I- 10) Freeway westbound off -ramp. In addition, the applicant is not proposing any new light-fixtures within the parking lot area. Planning Commission Meeting August 6, 2012 Page 9 of 23 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. RMC Section 17.112.010 sets the following criteria that must be met: A. The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan; and The proposed use is located within an established commercial district of the City and is designated Commercial in the General Plan. The proposed project is consistent with Goal 5, Policy 5.5 and 5.6 of the Land Use Element of the City's General Plan in that it calls to continue to support development of Rosemead Place Shopping Center as a commercial center and for commercial projects to be developed in a manner that it complements established commercial uses. Granting the CUP will advance these objectives by allowing the restaurant to enhance, their services, which will potentially bring more customers to the shopping center. It is beneficial.to have commercial uses concentrated within commercial shopping centers and a full- service restaurant with an alcohol license has the potential to concentrate revenue generating land uses around it. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under this particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood; and The site will be operated in accordance with applicable City regulations and is in conformity with the development in and around the project site. Regular site inspections by State ABC, the Rosemead Public Safety Department, and the Los Angeles County Sheriff's Department will be conducted to ensure that the location is monitored for compliance with applicable local, state, federal laws and shall not be detrimental to the surrounding communities. In addition, Chipotle Mexican Grill Restaurant has submitted a copy of their corporate employee liquor laws for the serving of alcohol, titled "Chipotle The Know ". In addition, they have also submitted a copy of the "Cashier's Role in Liquor Handling and Control." The purpose of these documents is to help Chipotle Mexican Grill Restaurant team members serve their guests in a responsible manner and to provide information concerning ways to handle specific situations that they may encounter. The property owner has indicated that a shopping center security guard is present between the hours of 6:30 a.m. to 10:30 p.m., Monday through Friday and 10:00 a.m. to 10:00 p.m. Saturday through Sunday. The property owner has also indicated that there are sixty (60) state of the art 24 -hour surveillance Planning Commission Meeting August 6, 2012 Page 10 of 23 cameras throughout entire shopping center. The applicant has indicated that security cameras will also be installed within the restaurant. Conditions of approval have also been added to the resolution approving the CUP to protect the adjacent residential neighborhoods from being affected by this commercial establishment. 1 C. The establishment, maintenance, and operation of the proposed use applied for will not, under the circumstances of the particular case, be detrimental or injurious to the general welfare of the City; The City anticipates that the proposed use will not endanger or otherwise constitute a menace to the City or surrounding properties. The sale of beer, and wine will be incidental to the sale of food at this restaurant, and alcohol will not be sold for off -site consumption. Maintenance and operational conditions have been added to minimize potential negative impacts to the surrounding neighborhood. These conditions include, but are not limited to, prohibiting beer, wine, and distilled spirit advertisements in the windows of the subject restaurant, requiring that the serving of alcohol at this location occur only during restaurant operating hours and prohibiting dancing, live entertainment, or karaoke entertainment without prior approval of an entertainment business from the Planning Commission. In addition, the Chief of Police has indicated that no unusual situations or concerns have been found at the subject site. 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 Ton their way to school, interference with shoppers using streets, defacement and damage to property; and The serving of beer and wine as an < restaurant will not cause obstructions to parking. The subject space is located Therefore, the serving of beer and wine Rosemead Boulevard and Marshall Stree Rosemead Public Safety Department, Department will ensure that the location alcoholic beverages will not result in inte school, shoppers using streets, or defacers icillary use to a full- service dine -in pedestrian traffic, vehicular traffic, or I ithin an existing shopping center. rill not - impact pedestrian traffic along Regular inspections by State ABC, and Los Angeles County Sheriff's s monitored, and that the serving of Terence with children on their way to ant of surrounding properties. Y Planning Commission Meeting August 6, 2012 Page 11 of 23 In addition, Chipotle Mexican Grill Restaurant has submitted a copy of their corporate employee liquor laws for the serving of alcohol, titled "Chipotle The 'Know ". In addition, they have also submitted a copy of the "Cashier's Role in Liquor Handling and Control." The purpose of these documents is to help Chipotle Mexican Grill Restaurant team members serve their guests in a responsible manner and to provide information concerning ways to handle specific situations that they may encounter. The property owner has indicated that a shopping center security guard is present between the hours of 6:30 a.m. to 10:30 p.m., Monday through Friday and 10:00 a.m. to 10:00 p.m. Saturday through Sunday. The property owner has also indicated that there are sixty (60) state of the art 24 -hour surveillance cameras throughout the entire shopping center. The applicant has indicated that security cameras will also be installed within the restaurant. E. The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; and The proposed use will not endanger or otherwise constitute a menace to the surrounding commercial properties. The Rosemead Place Shopping Center's CC &R's cover all aspects of maintenance of the common areas, including but not limited to driveways, landscaping, lighting, parking, trash, etc. Additionally, conditions of approval have been incorporated upon the issuance of this permit to -uphold the integrity of the site and the nearby properties. Therefore, the proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use. The nearby commercial uses will not be negatively impacted by the restaurant because several restaurants in the vicinity serve beer and wine. There are also no sensitive uses in the shopping center in which the restaurant is located that would be negatively affected by the serving of beer, wine, and distilled spirits at the site. 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. The proposed use will not endanger or otherwise constitute a menace to the surrounding properties, as specific conditions of approval will be in effect upon the issuance of this permit. The serving of beer and wine is an ancillary use to a full- service dine -in restaurant. Regular inspections by State ABC, the Rosemead Public Safety Department, and the Los Angeles County Sheriff's Department will Planning Commission Meeting August 6, 2012 Page 12 of 23 ensure that the location is monitored and the serving of alcoholic beverages will not result in interference with children on their way to school, shoppers using streets, or defacement of surrounding properties. The subject site is not located near any schools or churches. The nearest school or church is over 2,000 feet away from the subject restaurant. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to thirty -five (35) 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 Submitted by: Lily Trinh Michelle Ramirez Assistant Planner Community Development Director =K4.111-1 W3 A. Planning Commission Resolution No. 12 -13 B. Conditions of Approval C. Site Plan /Floor Plan /Elevations D. Preliminary Floor Plan for Chipotle Mexican Grill Restaurant E. Chipotle Mexican Grill Restaurant Menu F. Chipotle Mexican Grill Restaurant Security Camera Plan G. Chipotle Mexican Grill Restaurant - "The Know" H. Chipotle Mexican Grill Restaurant — "Cashier's Role in Liquor Handling and Control" 1 . t Planning Commission Meeting August 6, 2012 Paqe 13 of 23 EXHIBIT "A" PC RESOLUTION 12 -13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 12 -02 AND CONDITIONAL USE PERMIT 12 -06, FOR THE CONSTRUCTION OF A NEW 6,530 SQUARE FOOT COMMERCIAL BUILDING COMPRISED OF FOUR UNITS AND A CONDITIONAL USE PERMIT APPLICATION FOR A NEW ON SALE GENERAL (TYPE 41) ABC LICENSE. THE SUBJECT SITE IS LOCATED AT 3610 -3616 ROSEMEAD BOULEVARD IN THE C -3D (MEDIUM COMMERCIAL WITH DESIGN OVERALY) ZONE. WHEREAS, on May 17, 2012, McKently Malak Architects, Inc. submitted a Design Review application for the construction of a new 6,530 square foot commercial building comprised of four (4) units and a Conditional Use Permit application for a new On Sale General (Type 41) ABC license. The project is located at 3518 Rosemead Boulevard; and WHEREAS, 3610 -3616 Rosemead Boulevard is located in the C -31D (Medium Commercial with Design Overlay) zone; and WHEREAS, Section 17.72.050 of the Rosemead Municipal Code provides the purpose and criteria for a design review; WHEREAS, Section 17.112.010 of the Rosemead Municipal Code provides the purpose and criteria for a conditional use permit; WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.72.050 and Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny design review applications; and WHEREAS, on July 26, 2012, thirty -five (35) 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 onsite, specifying the availability of the application, plus the date, time, and location of the special public hearing for Design Review 12 -02 and Conditional Use Permit 12 -06, and on July 17, 2012, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on August 6, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Design Review 12 -02 and Conditional Use Permit 12 -06; and Planning Commission Meeting August 6, 2012 Page 14 of 23 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 Design Review 12 -02 is Categorically Exempt from environmental review as a Class 2 Exemption pursuant to Section 15302 of the California Environmental Quality Act (CEQA) and Conditional Use Permit 12 -06 is Categorically Exempt from environmental review as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Design Review 12 -02 in accordance with Section 17.72.030 et seq., of the Rosemead Municipal Code.as follows: A. The plans indicate proper consideration for the relationship between the proposed structure and site developments that exist or have been approved for the general neighborhood; FINDING: The subject property is located within the Rosemead Place Shopping Center. The applicant has worked with the Planning Division in designing an aesthetically pleasing project. The proposed project will vastly improve the appearance of the shopping center and its relationship to the commercial district. The proposed project is consistent with Goal 5, Policy 5.5 and 5.6 of the Land Use Element of the City's General Plan in that it calls to continue to support development of Rosemead Place Shopping Center as a commercial center and for commercial projects to be developed in a manner that it complements established commercial uses. B. The plan for the proposed structure and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations, and other factors that may have an adverse effect on the environment, and the manner of screening mechanical equipment, trash, storage and loading areas. FINDING: The subject property is located within the Rosemead Place Shopping Center. All construction work will be required to comply with the timeframe and decibel levels indicated in the City's Noise Ordinance (Ordinance 478 and 541). Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property. This development will not adversely affect surrounding properties. C. The proposed structure or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing building or site Planning Commission Meeting August 6, 2012 Page 15 of 23 developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value. FINDING: The proposed project will improve the physical appearance of the Rosemead Place Shopping Center. The applicant has worked with the Planning Division in designing an aesthetically pleasing project. Various elements have been added to provide architectural interest to the design. These elements include the use of contrasting exterior finishes, split face masonry, metal siding, metal canopies, fabric awnings, and a wood trellis. The applicant proposes to apply various types of materials to the exterior walls of the commercial building to further break -up the building's profile. To accentuate the building, the tower element located at the northeast corner of the building will be finished with gray metal siding (future Chipotle Mexican Grill Restaurant). The building cornice will be smoothly finished in a tan color. Brownish -gray colored split face masonry block will be applied at the base of the building throughout all elevations. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center, or in public or educational use, or are within or immediately adjacent to land included within any precise plan that indicates building shape, size, or style. FINDING: The property is not part of the Civic Center Plan, precise plan, or land reserved for public or educational use; there is no special need to create harmony. with the general area. Notwithstanding this, the approved design will create a development that is aesthetically complementary to the surrounding area and will enhance land values in the general area. This is due to the proposed elements (contrasting exterior finishes, split face masonry, metal siding, metal canopies, fabric awnings, and a wood trellis) on the new commercial building, which will provide architectural interest to the design. E. The proposed development is in conformity with the standards of this code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved. FINDING: This proposed development meets all of the minimum code requirements for the C -31D (Medium Commercial with Design Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal Code. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development from the view of public streets. Planning Commission Meeting August 6, 2012 Pape 16 of 23 FINDING: The proposed project will improve the physical appearance of the Rosemead Place Shopping Center. The Rosemead Place Shopping Center's CC &R's cover all aspects of maintenance and shared use of the common areas, including but not limited to driveways, landscaping, lighting, parking, and trash facilities. Vehicular access to the site is provided by several driveways located on Rosemead Boulevard, Marshall Street, Hart Avenue, and the San Bernardino (1 -10) Freeway westbound off- ramp. In addition, the applicant is not proposing any new light fixtures within the parking lot area. SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 12 -06 in accordance with Sections 17.112.010 and 17.112.100 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; and FINDING: The proposed use is located within an established commercial district of the City and is designated Commercial in the General Plan. The proposed project is consistent with Goal 5, Policy 5.5 and 5.6 of the Land Use Element of the City's General Plan in that it calls to continue to support development of Rosemead Place Shopping Center as a commercial center and for commercial projects to be developed in a manner that it complements established commercial uses. Granting the CUP will advance these objectives by allowing the restaurant to enhance their services, which will potentially bring more customers to the shopping center. It is beneficial to have commercial uses concentrated within commercial. shopping centers and a full- service restaurant with an alcohol license has the potential to concentrate revenue generating land uses around it. B. The establishment, maintenance or "conduct of the use for which the conditional use permit is sought will not, under this particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood; and V FINDING: The site will be operated in' accordance with applicable City regulations and is in conformity with the development in and around the project site. Regular site inspections by State ABC, the Rosemead Public Safety Department, and the Los Angeles County Sheriffs Department will be conducted to ensure that the location is monitored for compliance with applicable local, state, federal laws and shall not be detrimental to the surrounding communities. In addition, Chipotle Mexican Grill Restaurant has submitted a copy of their corporate employee liquor laws for the serving of alcohol, titled "Chipotle The Know ". In addition, they have also submitted a copy of the "Cashier's Role in Liquor Handling and Control." The purpose of these documents is to help Chipotle Mexican Grill Restaurant Planning Commission Meeting August 6, 2012 Page 17 of 23 team members serve their guests in a responsible manner and to provide information concerning ways to handle specific situations that they may encounter. The property owner has indicated that a shopping center security guard is present between the hours of 6:30 a.m. to. 10:30 p.m., Monday through Friday and 10:00 a.m. to 10:00 p.m. Saturday through Sunday. The property owner has also indicated that there are sixty (60) state of the art 24 -hour surveillance cameras. throughout the entire shopping center. The applicant has indicated that security cameras will also be installed within the restaurant. Conditions of approval have also been added to the resolution approving the CUP to protect the adjacent residential neighborhoods from being affected by this commercial establishment. C. The establishment, maintenance, and operation of the proposed use applied for will not, under the circumstances of the particular case, be detrimental or injurious to the general welfare of the City; FINDING: The City .anticipates that the proposed use will not endanger or otherwise constitute a menace. to the City or surrounding properties. The sale of beer, and wine will be incidental to the sale of food at this restaurant, and alcohol will not be sold. for off -site consumption. Maintenance and operational conditions have been added to minimize potential negative impacts to the surrounding neighborhood. These conditions include, but are not limited to, prohibiting beer, wine, and distilled spirit advertisements in the windows of the subject restaurant, requiring that the serving of alcohol at, this location occur only during restaurant operating hours and prohibiting dancing, live entertainment, or karaoke entertainment without prior approval of an entertainment business from. the Planning Commission. In addition, -the Chief of Police has indicated that no unusual situations or concerns have been found at the subject site. 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 serving of beer and wine as an ancillary use to a full - service dine - in restaurant will not cause obstructions to pedestrian traffic, vehicular traffic, or parking. The subject space is located within an existing shopping center. Therefore, the serving of beer and wine will not impact pedestrian traffic along Rosemead Boulevard and Marshall Street. Regular inspections by State ABC, Rosemead Public Safety Department, and Los Angeles County Sheriffs Department will ensure that the location is monitored, and that the serving of alcoholic beverages will not result in interference with children on their way to school, shoppers using streets, or.defacement of Planning Commission Meeting August 6, 2012 Paoe 18 of 23 surrounding properties. In addition, Chipotle Mexican Grill Restaurant has submitted a copy of their corporate employee liquor laws for the serving of alcohol, titled "Chipotle The Know ". In addition, they have also submitted a copy of the "Cashier's Role in Liquor Handling and Control." The purpose of these documents is to help Chipotle Mexican Grill Restaurant team members serve their guests in a responsible manner and to provide information concerning ways to handle specific situations that they may encounter. The property owner has indicated that a shopping center security guard is present between the hours of 6:30 a.m. to 10:30 p.m., Monday through Friday and 10:00 a.m. to 10:00 p.m. Saturday through Sunday. The property owner has also indicated that there are sixty (60) state of the art 24 -hour surveillance cameras throughout the entire shopping center. The applicant has indicated that security cameras will also be installed within the restaurant. E. The proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use; and FINDING: The proposed use will not endanger or otherwise constitute a menace to the surrounding commercial properties. The Rosemead Place Shopping Center's CC &R's cover all aspects of maintenance of the common areas, including but not limited to driveways, landscaping, lighting, parking, trash, etc. Additionally, conditions of approval have been incorporated upon the issuance of this permit to uphold the integrity of the site and the nearby properties. Therefore, the proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use. The nearby commercial uses will not be negatively impacted by the restaurant because several restaurants in the vicinity serve beer and wine. There are also no sensitive uses in the shopping center in which the restaurant is located that would be negatively affected by the serving of beer, wine, and distilled spirits at the site. 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: The proposed use will not endanger or otherwise constitute a menace to the surrounding properties, as specific conditions of approval will be in effect upon the issuance of this permit. The serving of beer and wine is an ancillary use to a full - service dine -in restaurant. Regular inspections by State ABC, the Rosemead Public Safety Department, and the Los Angeles County Sheriffs Department will ensure that the location is monitored and the serving of alcoholic beverages will, not result in interference with children on their way to school, shoppers using streets, or defacement Planning Commission Meeting August 6, 2012 Paae 19 of 23 of surrounding properties. The subject site is not located near any schools or churches. The nearest school or church is over 2,000 feet away from the subject restaurant. SECTION 4 . The Planning Commission HEREBY APPROVES Design Review 12 -02 and Conditional Use Permit 12 -06, for the construction of a new 6,530 square foot commercial building comprised of four units and a Conditional Use Permit application for a new On Sale General (Type 41) ABC license, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 5 . This resolution is the result of an action taken by the Planning Commission on August 6, 2012, by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 6 . 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 6 th day of August, 2012. Victor Ruiz, 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 6 th day of August, 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 Planning Commission Meeting August 6, 2012 Pace 20 of 23 EXHIBIT "B" DESIGN REVIEW 12 -02 AND CONDITIONAL USE PERMIT 12 -06 CONDITIONS OF APPROVAL August 6, 2012 1. Design Review 12 -02 and Conditional Use Permit 12 -06 are approved for the construction of a new 6,530 square foot commercial building comprised of four (4) units and a Conditional Use Permit application for a new On Sale General (Type 41) ABC license, in accordance with the plans marked Exhibit "C ", dated July 30, 2012. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions for review. 3. Approval of Design Review 12 -02 and Conditional Use Permit 12 -06 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions, of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 4. Design Review 12 -02 and Conditional Use Permit 12 -06 are approved for a period of one (1) year. The applicant shall commence the proposed use or request an extension within 30- calendar days prior to expiration. The one (1) year initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If Design Review 12 -02 and Conditional Use Permit 12 -06 have been unused, abandoned, or discontinued for a period of one (1) year it shall become null and void. 5. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications. 6. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 7. Design Review 12 -02 and Conditional Use Permit 12 -06 are granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed Planning Commission Meeting August 6, 2012 Page 21 of 23 circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Design Review 12 -02 and Conditional Use Permit 12 -06. 8. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 9. 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. 10. Building permits will not be issued in connection with any project until such time as all plan check fees, and all other applicable fees, are paid in full. 11. 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. Materials, colors, location, and size of such address numbers shall be approved by the City Planner, or his or her designee, prior to installation. 12. All requirements of the Building Division and the Planning Division shall be complied with prior to the final approval of the proposed construction. 13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday to Saturday. No construction shall take place on Sundays or on any federal holidays without prior approval by the City. 14. The Planning staff shall have access to the subject property at any time during construction to monitor progress. 15. 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) 569 -2345 for assistance. 16. 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 Planning Commission Meeting August 6, 2012 Page 22 of 23 trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 17. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. There shall be no mechanical equipment located on the sides of the building. Such equipment shall not exceed the height of the parapet wall. All ground level mechanical /utility equipment (including meters, back flow preservation devices, fire valves, A/C condensers, furnaces, utility cabinets and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right of way or other public space within the development. The Planning Division shall approve said screening prior to installation. 18. The parking area adjacent to the project area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner. 19. All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 20. The on -site public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal. period of Design Review 12 -02 and Conditional Use Permit 12 -06. 21. The applicant shall submit final sign plans to the Planning Division prior to the issuance of a building permit based on the requirements set forth in the Rosemead Place Shopping Center Master Sign Program and the Rosemead Municipal Code. 22. Window signs shall not cover more than 15% of window and glass door areas. Ail banners and temporary signs shall be permitted by the Rosemead Planning Division prior to installation. 23. A current letter grade issued to the business by the LA County Department of Health Services shall be properly posted at the, restaurant. 24. The premises shall be maintained as a full - service restaurant at all times. Kitchen facilities are required to be open and available for food preparation during operating hours. 25. All requirements and appropriate licenses of the State of California and California State Department of Alcohol Beverage Control shall be complied with and Planning Commission Meeting August 6, 2012 Page 23 of 23 maintained at all times. No alcohol is to be sold for the purpose of off -site consumption. Conditional Use Permit 12 -06 is for an On -Sale Beer and Wine (Type 41) alcohol license in conjunction with a bona fide public eating place only. 26. No advertisements or illuminated signs shall be displayed that are visible from the exterior of the restaurant which advertise alcoholic beverages. 27. No karaoke -type machine or audio - visual entertainment system shall be located in this restaurant without prior approval by the Rosemead Planning Division and subject to Section 5.48 of the Rosemead Municipal Code. 28. There shall be no dancing, live music, or other live entertainment permitted at the subject restaurant without prior approval of an entertainment permit through the City Business License Clerk. 29. If warranted on the basis of the City of Rosemead Public Safety or Los Angeles County Sheriffs Department incident reports, the City shall have the right to require additional security measures. 30. The hours of operation shall be posted in the front window, or door. Hours of operation shall be limited to 11:00 a.m. to 10:00 p.m., daily. 31. To correct the substandard condition of the L- shaped building along the northwest corner of the property, the property owner shall merge all three (3) parcels into one (1) parcel of land through a Lot Line Adjustment application with the City. The Lot Line Adjustment shall be completed (reviewed, approved, and recorded) prior to Building and Safety Division's final inspection. 32. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. ow Z CD Q O Z ® m 1/ H Q LU Q ti o� W F N Z W / I O � Z � w J O O m p H) (7 � O U w w � x 0 Z� Z Oo 0 0 ° w OW WO /CL wz K QJ a'U`O J 9 o H LL J W O LL O m OU O O > o x w0 z J Q J J w < U = Q 0 v 0 O Q � 00 w Q r w UN as u:e low ■■ an. IIII� n� Iwi ll ! �■ .T 1111 a 0 N 1 Q z Z Q w U Q w z w N I d Q z w !r r u r� Z Q ■ 'I ■ridi ■■ m O O J ° � e © � F IR o z u:e low ■■ an. IIII� n� Iwi ll ! �■ .T 1111 a 0 N 1 Q z Z Q w U Q w z w N I d Q z w !r r u r� w U Q W K = z U W Y w O D 0 O ao EXHIBIT "D" Z Q � m O O J ° � e © � x o z w U Q W K = z U W Y w O D 0 O ao EXHIBIT "D" OT� 3 � � F � \ "C A N C'�/ BURRITOS,TACOS & SALADS TACOS Your choice of three crispy corn or soft flour tortillas with meat, salsa, cheese or sour cream and romaine lettuce. SALAD Chopped romaine lettuce with choice of beans, meat, salsa and cheese, with chipotle honey vinaigrette. CHICKEN STEAK Naturally raised, marinated in Marinated in our chipotle our chipotle adobo, then grilled. adobo, then grilled. BARBACOA CARNITAS Naturally raised beef. Braised Naturally raised pork Braised for hours, then shredded. for hours, then shredded VEGETARIAN Includes our freshly made quacamole and vegetarian black beans SALSAS Margarita BURRITO BURRITO BOWL Tortilla, choice of rice, beans, meat, Just like a burrito, but served in salsa and cheese or sour cream a bowl with no tortilla. Add peppers and onions instead of Chili -Corn beans for a fajita burrito. Red Chili TACOS Your choice of three crispy corn or soft flour tortillas with meat, salsa, cheese or sour cream and romaine lettuce. SALAD Chopped romaine lettuce with choice of beans, meat, salsa and cheese, with chipotle honey vinaigrette. CHICKEN STEAK Naturally raised, marinated in Marinated in our chipotle our chipotle adobo, then grilled. adobo, then grilled. BARBACOA CARNITAS Naturally raised beef. Braised Naturally raised pork Braised for hours, then shredded. for hours, then shredded VEGETARIAN Includes our freshly made quacamole and vegetarian black beans SALSAS EXTRAS & DRINKS Chips & Guacamole Margarita Chips & Salsa Beer Fresh Roasted Tomatillo- Tomatillo- Tomato Chili -Corn Green Chili Red Chili (Mild) (Medium) (Medium Hot) (Hot) EXTRAS & DRINKS Chips & Guacamole Margarita Chips & Salsa Beer Guacamole Bottled Drinks Chips Soda EXHIBIT. You car, also order online at www.chipot!e.com, with our iPhone App, :v by fax. I CHIPOTLE - SECURITY CAMERA LOCATIONS SCALE MS EXHIBIT "F" ckirotv The Know Section 14 -Liquor Liability I 14.1 1 Chipotle Liquor Laws Basics Margaritas and beers - so what? They're just another menu item, right? NO! Since only those customers over 21 may purchase and consume alcoholic beverages, we have to treat these two menu items differently. This section contains rules according to Chipotle that you must follow when preparing, serving and selling alcohol in your restaurant. The Managers are responsible for compliance with all liquor laws. That means they are responsible for training everyone in the restaurant who serves and sells alcohol. Everyone must follow all Chipotle rules and all federal, state and local laws regarding alcohol sales. Who Can Handle Alcohol? Prepare And Serve Alcohol (i.e. making margs, popping tops on beer, etc.) • Only those crewmembers of legal age in your county — this varies from county to county — may prepare and serve alcohol. Make sure you know what the law is in your county. (If you are unclear about your local laws, contact your Area Manager.) • Only those crewmembers who have completed in -store alcohol training. May prepare and serve alcohol. Sell Alcohol (i.e. ringing on POS and taking money) • Only those crewmembers of legal age in your county may sell alcohol. • Only those crewmembers who have completed in -store alcohol training may sell alcohol. • Only crewmembers who are certified to work the Cash Station (completed Cashier Training and have validated paperwork in file) may sell alcohol. Who Can Buy Alcohol? I. Only customers who do not appear to be intoxicated can buy alcohol. 2. Only customers who can prove they are over 21 can buy alcohol. a. Ask for identification from anyone who looks under 40 years old. b. Acceptable forms of Identification: • State driver's license with photo. • State ID card with photo. • Valid passport with photo. • Military ID with photo. 14.1 - 1 Revision — - All EXHIBIT "G" Confidential &Proprietary Information -All Rights Reserved. Chipotle. How Do You Check an ID? I. Look at the birth date printed on the ID to make sure the customer is at least 21 years old. In some states, the word "Adult" or "Under 21" will be printed somewhere on the ID. The POS will prompt you with the date and year of legal age when you try to ring up any alcohol sales. 2. Check the photo to make sure it is the customer. • Note: If you suspect that the ID is false, ask for a second form of identification. If that cannot be produced, do not serve the customer. How Do You Serve Alcohol? • Pop the top on all beers — even if they're screw tops. • Serve beers with clear plastic glasses if a customer wants a glass for his /her beer. • Alcohol sales are "dine -in" only. • Alcohol can never be sold "to -go." • Alcohol may be consumed on the patio in some cases. Make sure customers stay on the patio. Customers may not leave with alcohol at any time. • Note: Some liquor licenses prohibit alcohol on the patio. If this applies to your store, make sure you have a sign near your patio door regarding this prohibition. Consequences for Violating Liquor Laws Chipotle (your job and your store) • It is always a violation of Chipotle policy to violate any liquor law. • Any costs associated with liquor law violations will hit your store's Profit and Loss Statement above the "Profits After Controllable — PAC " line. The full financial impact to Chipotle of the violation will be borne by the store. • Any employee (management or crew) who violates a liquor law may be terminated. Criminal (police and lawyers, etc.) • If you break the law — you're on your own. • Any criminal penalties (fines, court appearances, jail, etc.) are the sole responsibility of the employee. • Chipotle will not pay any employee fines or other costs associated with a liquor violation. What Happens When There's A Violation? • Call your Area Manager immediately! • Your Area Manager will call the Crisis Hotline to report the violation. • Our legal people will immediately begin to research options for remedy of the violation. • Any delay in reporting a violation may mean increased' penalties and risk of losing your liquor license. Training Crewmembers • Utilize the Crew Development Program — Cash Station to ` train Liquor Policies. • You'll find Liquor Policies in Section 1.4. I • Make sure anyone who works the Cash Station understands the policies and signs the acknowledgement found in Section 1.5. • Place one copy of the signed acknowledgement form in your crew files and send the other into your region's HR group. (Crew files are kept regionally.) 14.1 -2 Revision — 8/05 Confidential & Proprietary Information - All Rights Reserved. Chipotle. Alcohol Intoxication Evaluation Chart This chart in not intended to be all- inclusive but is only a guideline. Although the various signs are listed in the order which they often appear, they may manifest themselves in some other order. Also, some may be more apparent than others and some may not be present'at all -It is also possible that a number of these signs could be present for reasons other than intoxication. If you use the chart objectively, remembering to took at the combination of factors coupled with your personal experience, you should find it to be a helpful aid in making a decision regarding a person's level of sobriety. EyesNision Mouth /Speech Bloodshot Odor of alcoholic beverage Watery Drinking too fast Loss of eye contact Loud /boisterous Crying Altered speech pattern Inability to focus Inability to pronounce words Double vision Slurring of words 'Nystagmus evaluation Lighting more than one cigarette 'Slowed pupil reaction Vomiting General clumsiness 'Decreased respiration Spilling drinks 'Breath test Appearance /Coordination Behavior Flushed face Ordering more than one drink at a time Mussed hair Ordering "doubles" Clothing in disarray Playing drinking games "chugging" Soiled clothing Change in emotions Strong body odor Poorjudgment Decreased dexterity Annoying behavior Fumbling Overly friendly to strangers Difficulty picking -up change Acting Flirtatious General clumsiness Animated Spilling drinks Entertaining Uneven gait Playing music abnormally loud Poor balance Lack of concentration Staggering Difficulty in understanding questions Tripping Difficulty in understanding instructions "Hand -eye evaluation Difficulty in adding amounts on check 'One leg stand evaluation Letting a cigarette burn without smoking it 'Walk and turn evaluation Careless handling of money 'Rhomberg evaluation Abnormal tipping 'Decreased pulse rate Obnoxious behavior 'Blood test Arguing about prices 'Urine test Complaining about strength of drink Sullen brooding ' Becoming detached from surroundings Drowsiness Unconsciousness Death Items designated with an asterisk ( *) are evaluation procedures that are to be used only bylaw enforcement or medical personnel and require special training. 14.1 -3 Revision — 8/05 Confidential & Proprietary Information - All Rights Reserved. Chipotle. 2. The Role of the Cashier Liquor Handling & Control Basics Margaritas and beer are the only items on our menu that cannot be sold to everyone. Your job is to abide by this policy and your local liquor laws whenever someone orders a margarita or a beer. Your manager will inform you of your local liquor policy. Below is Chipotle's Liquor Handling & Control Policy. If you have any questions, ask your manager. Who can handle alcohol? 1. Prepare and serve alcohol (i.e. making margaritas, popping tops on beer, etc.): Only if you are of legal age in your county (ask your manager) may you prepare and serve alcohol - make sure you know the laws in your county before you attempt to serve alcohol. 2. Sell alcohol (i.e. ringing on POS and taking money): Only if you are of the legal age to sell alcohol in your county (ask your manager) may you sell alcohol. Who can buy alcohol? 1. Only customers who do not appear to be intoxicated can buy alcohol. 2. Only customers who can prove they are over 21 can buy alcohol. a. Ask for identification from everyone who would like to purchase alcohol. b. Acceptable Forms of Identification: I. Valid State Driver's License with photo ii. Valid State ID Card with photo iii. Valid Passport with photo iv. Valid Military ID with photo How do you check an ID? 1. Look at the date of birth printed on the ID to make sure the customer is at least 21 years old - you can use the POS screen to verify when they should be born if you have any questions. 2. Check the photo on the ID to verify it is the customer. Note: If you suspect that the ID is false, ask the customer for a second form of identification - if they cannot s� produce a second form of identification, do not serve them. +i How do you serve alcohol? 1. Pop the top on all beers - even if they are screw tops. "% ! 2. Serve margaritas only per the recipe in Hocus Pocus or the Recipe Cards - never add an extra shot or serve it without ice. 3. Alcohol can only be sold for "Dine-In." 4. Alcohol can never be sold "To-Go." 5. If alcohol may be consumed on the patio at your restaurant, make sure customers stay on the patio - they may not leave with alcohol at any time. Note: Some liquor licenses prohibit alcohol on the patio - if that is the case with your restaurant, make sure you inform customers of this before they pay for their alcohol. EXHIBIT "H" 33 Consequences for Violating Liquor Laws Chipotle Consequences (Your Job & Your Restaurant) 1. It is always a violation of Chipotle policy to violate any liquor law. Criminal Consequences (Police & Lawyers, etc.) 1. If you break the law, you are on your own. 2. Any criminal penalties (fines, court appearances, jail time, etc.) are your sole responsibility if you violate the law. 3. Chipotle will not pay any employee fines or other costs associated with a liquor violation. What happens if there is a violation? Tell your manager immediately. 34