PC - 2012-08 - Approving Design Review 12-01 and Conditional Use Permit 12-05 for Renovations at 3518 Rosemead BoulevardPC RESOLUTION 12 -08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING DESIGN REVIEW 12 -01 AND CONDITIONAL USE
PERMIT 12 -05, FOR THE RENOVATION OF THE EXTERIOR BUILDING
FACADE AND CONVERSION OF A 7,579 SQUARE FOOT RETAIL
SPACE INTO A TGI FRIDAY'S RESTAURANT AND A CONDITIONAL
USE PERMIT APPLICATION FOR A NEW ON SALE GENERAL (TYPE
47) ABC LICENSE. THE SUBJECT SITE IS LOCATED AT 3518
ROSEMEAD BOULEVARD IN THE C -31) (MEDIUM COMMERCIAL
WITH DESIGN OVERALY) ZONE (APN: 8594 - 023 -045).
WHEREAS, on May 14, 2012, the Briad Restaurant Group, LLC submitted a
Design Review application for the renovation of the exterior fagade and conversion of a
7,549 square foot retail space into a TGI Friday's Restaurant and a Conditional Use
Permit application for a new On Sale General (Type 47) ABC license. The project is
located at 3518 Rosemead Boulevard; and
WHEREAS, 3518 Rosemead Boulevard is located in the C -3D (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, Sections 65800 & 65900 of the California Government Code and
Section 17.72.050 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve or deny design review applications; and
WHEREAS, on June 7, 2012, thirty -three (33) 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 -01 and
Conditional Use Permit 12 -05, and on June 8, 2012, the notice was published in the
San Gabriel Valley Tribune; and
WHEREAS, on June 18, 2012, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Design Review
12 -01 and Conditional Use Permit 12 -05; 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:
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SECTION 1 . The Planning Commission HEREBY DETERMINES that Design
Review 12 -01 is Categorically Exempt from environmental review as a Class 1
Exemption pursuant to Section 15301 of the California Environmental Quality Act
(CEQA) and Conditional Use Permit 12 -05 is Catergorically 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 -01 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 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 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: This fagade remodel will not generate any permanent impacts to
noise levels for the surrounding area. 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.
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.
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FINDING: The proposed project will improve the physical appearance of the
existing commercial building and the overall site. The applicant is proposing to renovate
the exterior fagade of the restaurant space with a contemporary TGI Friday's Restaurant
design. The prominent main entry will feature golden travertine marble tile bordering
the doorway and extending up the tower element. To further enhance the architectural
design of the main entry, a silver aluminum canopy will wrap around the main entry and
the entrance doors will be finished with ornamental F- shaped handles.
To provide architectural interest to the exterior design of the restaurant, the
applicant is proposing signature TGI Friday's red and white striped fabric awnings
above each window. New windows and an exit door are proposed along the south
elevation. The applicant is also proposing to install several wall mounted light fixtures
above the awnings and on the tower element. The existing stucco and paint colors on
the building will remain.
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 fagade renovation's upgrade of
the existing building fagade with higher quality materials, a design that is compatible
with the surrounding area.
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 -3D (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.
FINDING: The renovation of the exterior fagade of the restaurant space with a
contemporary TGI Friday's Restaurant design will improve the physical appearance of
the existing commercial building. It will greatly improve the visual effect of the site from
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the view of the San Bernardino (1 -10) Freeway. The Rosemead Place Shopping Center
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.
SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 12 -05 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 2, Policy 2.7 of the Land Use Element of the City's General Plan in
that it calls for establishing and applying architectural design review for remodel of
existing buildings. The proposed project is also 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 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
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 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, TGI Friday's Restaurant has submitted a copy of their corporate
training program, titled "Serving Up Responsible Fun (S.U.R.F) ". The purpose of the
program is to help TGI Friday's Restaurant team members serve their guests in a
responsible manner and to provide information concerning ways to handle specific
situations that they may encounter.
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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,
wine, and distilled spirits 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, wine, and distilled 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, wine, and distilled spirits will not impact pedestrian traffic
along Rosemead Boulevard and Marshall Street. 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.
In addition, TGI Friday's Restaurant has submitted a copy of their corporate
training program, titled "Serving Up Responsible Fun (S.U.R.F) ". The purpose of the
program is to help TGI Friday's Restaurant team members serve their guests in a
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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 and shared use of the common areas,
including but not limited to driveways, landscaping, lighting, parking, and trash facilities.
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, wine, and distilled spirits 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 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.
SECTION 4 . The Planning Commission HEREBY APPROVES Design Review
12 -01 and Conditional Use Permit 12 -05, for the renovation of the exterior fagade and
conversion of a 7,549 square foot retail space into a TGI Friday's Restaurant and a
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Conditional Use Permit application for a new On Sale General (Type 47) 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 June 18, 2012, by the following vote:
YES:
ENG, HERRERA, HUNTER, RUIZ AND SACCARO
NO:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
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 18 day of June, 2012.
Na c Eng, C it
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 18 day of
June, 2012 by the following vote:
YES: ENG, HERRERA, HUNTER, RUIZ AND SACCARO
NO: NONE
ABSTAIN: NONE
ABSENT: NONE
Michelle Ramire , ry
it
Gregory M. Murlfhy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
rA
EXHIBIT "B"
DESIGN REVIEW 12 -01 AND CONDITIONAL USE PERMIT 12 -05
(APN: 8594 - 005 -008)
CONDITIONS OF APPROVAL
June 18. 2012
1. Design Review 12 -01 and Conditional Use Permit 12 -05 are approved for the
renovation of the exterior fagade and conversion of a 7,549 square foot retail
space into a TGI Friday's Restaurant and a Conditional Use Permit application
for a new On Sale General (Type 47) ABC license, in accordance with the plans
marked Exhibit "C ", dated May 14, 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 -01 and Conditional Use Permit 12 -05 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 -01 and Conditional Use Permit 12 -05 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 -01 and
Conditional Use Permit 12 -05 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 -01 and Conditional Use Permit 12 -05 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
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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 -01 and Conditional Use Permit 12 -05.
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
trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be
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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, 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 -01 and Conditional
Use Permit 12 -05.
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.
All banners and temporary signs shall be permitted by the Rosemead Planning
Division prior to installation.
23. If necessary, the property owner will complete a record of survey and lot line
adjustment, at the discretion of the City. The property owner, if necessary, shall
provide the City with a copy of agreement with a licensed surveyor to complete
record of survey and agree to complete a lot line adjustment within twelve (12)
months of approval of the Design Review and Conditional Use Permit
applications. Prior to final building inspection, a cash deposit of ten thousand
dollars ($10,000) shall be deposited by the property owner with the City to
guarantee completion of the record of survey. (Revised by the Planning
Commission on June 18, 2012)
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24. A current letter grade issued to the business by the LA County Department of
Health Services shall be properly posted at the restaurant.
25. 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.
26. All requirements and appropriate licenses of the State of California and California
State Department of Alcohol Beverage Control shall be complied with and
maintained at all times. No alcohol is to be sold for the purpose of off -site
consumption. Conditional Use Permit 12 -05 is for an On -Sale Beer and Wine
(Type 47) alcohol license in conjunction with a bona fide public eating place only.
27. No advertisements or illuminated signs shall be displayed that are visible from
the exterior of the restaurant which advertises alcoholic beverages.
28. 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.
29. 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.
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 2:00 a.m., daily.
31. If warranted on the basis of the City of Rosemead Public Safety or Los Angeles
County Sheriff's Department incident reports, the City shall have the right to
require additional security measures.
32. Violations of the conditions of approval may result in citation and /or initiation of
revocation proceedings.
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