PC - Item 3C - Conditinal Use Permit 12-09 at 1866 Montebello Town Center DriveROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: SEPTEMBER 17, 2012
SUBJECT: CONDITIONAL USE PERMIT 12 -09
1866 MONTEBELLO TOWN CENTER DRIVE
Summary
N &D Restaurants, Inc. has submitted a Conditional Use Permit application, requesting
approval for a new On -Sale General (Type 47) ABC license in conjunction with a bona
fide public eating establishment (Olive Garden Italian Restaurant), located at 1866
Montebello Town Center;Drive, in the C -3 (Medium Commercial) zone.
Environmental Determination
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 -09 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, staff recommends that the
Planning Commission ADOPT Resolution No. 12 -18 with findings (Exhibit A) and
APPROVE Conditional Use Permit 12 -09, subject to the thirty (30) conditions outlined in
Exhibit "B" attached hereto.
Property History and Description
The project is located at 1866 Montebello
Pomona Freeway (60), north and west
Montebello Town Center Drive.
Town Center Drive, which is south of the
of Montebello Boulevard, and south of
The subject site is located on a single parcel of land, totaling 100,498 square feet (2.307
acres). The parcel is adjacent to and is operated as a part of the Montebello Town
Center.
Planning Commission Meeting
September 17, 2012
Page 2 of 18
On December 20, 2010, the Rosemead Planning Commission approved Zone Variance
10 -03, for reduced parking for two new restaurant buildings totaling approximately
15,000 square feet.
West Elevation
Site & Surrounding Land Uses
The project site is designated in the General Plan as Commercial and is zoned C -3
(Medium Commercial). The site is surrounded by the following land uses:
North
General Plan:
Commercial
Zoning:
Pomona Freeway (SR 60)
Land Use:
Pomona Freeway (SR 60)
South
General Plan:
Commercial
Zoning:
C -3 (Medium Commercial)
Land Use:
Commercial (Macy's)
East
General Plan:
Commercial
Zoning:
C -31D (Medium Commercial with a Design Overlay)
Land Use:
Commercial (Doubletree Hotel)
West
General Plan:
City of Montebello
Zoning:
City of Montebello
Land Use:
City of Montebello
Planning Commission Meeting
September 17, 2012
Paae 3 of 18
Administrative Analysis
According to Olive Garden Italian Restaurant's website, the restaurant is a full - service,
family style restaurant committed to providing every guest with a genuine Italian dining
experience. Currently, there are over 780 restaurants in the U.S. and Canada.
The restaurant serves fresh, delicious Italian food in a comfortable, home -like setting
where everyone is welcomed as a member of their family. The menu features a variety
of food selections, which include appetizers, pizzas, soups, salads, pasta, seafood, and
desserts. A copy of the restaurant menu has been attached as "Exhibit D ".
The applicant has indicated that the hours of operation will be between 11:00 a.m. to
11:00 p.m. daily. The applicant has also indicated that Olive Garden Italian Restaurant
will employ approximately 36 employees on the largest shift.
Building Construction
The applicant is in the process of obtaining plan check approvals from the Planning and
Building and Safety Divisions. According to the plans, the Olive Garden Italian
Restaurant will total 7,000 square feet. The floor plan consists of a waiting area,
lounge, a full - service bar, to go area, restaurant dining areas, an office, a kitchen,
storage and preparation areas, coolers and freezers, employee training room, and
restrooms. The main entrance to the restaurant will be located along the south
elevation of the restaurant.
According to Building and Safety Division records, grading, sewer, and storm drain
permits were issued in August of this year.
State Department of Alcoholic Beverage Control (ABC) and Public Safety Report
Olive Garden Italian Restaurant proposes to sell beer, wine, and distilled spirits, which
will require approval of an On -Sale General (Type 47) ABC license. 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. The number of allowable on -sale ABC
licenses for this census tract (No. 5300.03) is two (2). Currently, there are four (4)
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 Department
has found no unusual situations or concerns and no incidences have occurred on the
subject site. For these reasons, the City of Rosemead Public Safety Department has
indicated that they are in support of this request, notwithstanding the ABC's finding.
Planning Commission Meeting
September 17, 2012 y
Pape 4 of 18
The serving of beer, wine, and distilled spirits as an ancillary use to a full - service dine -in
restaurant will not cause obstructions to pedestrian traffic, vehicular traffic, or parking.
Regular inspections by State ABC and the Rosemead Public Safety 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 1,000 feet away from the subject
restaurant.
The property owner has indicated that two to six shopping center security guards are
present at any given time. The property owner has also indicated that there are thirteen
(13) 24 -hour surveillance cameras throughout the entire shopping center. The applicant
has indicated that at this time, they are not sure if security cameras will also be installed
within the restaurant.
Olive Garden Italian Restaurant has submitted a copy of their responsible service of
alcohol policy. A copy of this policy has been attached in this staff report as "Exhibit E ".
The purpose of the program is to help Olive Garden Italian Restaurant team members
serve their guests in a responsible manner and to provide information concerning ways
to handle specific situations that they may encounter.
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.
Municipal Code Requirements
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:
• 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. Goal 2 of the Land Use
Element is to expand opportunities for concentrated commercial and industrial
uses that contribute jobs and tax revenues to the community.
• The establishment, maintenance or conduct of the use for which the conditional
use permit is sought will not, under the particular case, be detrimental to the
health, safety, morals, comfort, convenience or welfare of persons residing or
working in the neighborhood; and
Planning Commission Meeting
September 17, 2012
Page 5 of 18
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, Olive Garden Italian Restaurant has submitted a copy of their
responsible service of alcohol policy. The purpose of the program is to help
Olive Garden Italian 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 two to six shopping center security guards
are present at any given time. The property owner has also indicated that there
are thirteen (13) 24 -hour surveillance cameras throughout the entire shopping
center.
• The establishment, maintenance, and operation of the proposed use so applied
for will not, under the circumstances of the particular case, be detrimental or
injurious to the general welfare of the City;
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 possible potential negative impacts to the surrounding
neighborhood. These conditions include, but are not limited to, prohibiting beer
and wine advertisements in the windows of the subject restaurant, requiring that
the serving of alcohol at this location be open only during restaurant operating
hours and prohibiting dancing, live entertainment, or karaoke entertainment
without prior approval of an entertainment business from the Rosemead Planning
Division and subject to Section 5.48 of the Rosemead Municipal Code. In
addition, the City of Rosemead Public Safety Department has found no unusual
situation or concern 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:
• 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
Planning Commission Meeting
September 17, 2012
Page 6 of 18
with shoppers using streets, defacement and damage to property; and
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 site is not located near any churches or schools. The
nearest school or church is over 1,000 feet away from the subject restaurant.
Regular inspections by the State ABC and the City of Rosemead Public Safety
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 applicant
has indicated that the restaurant staff will be trained on proper serving of beer
and wine.
In addition, Olive Garden Italian Restaurant has submitted a copy of their
responsible service of alcohol policy. The purpose of the program is to help
Olive Garden Italian 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 two to six shopping center security guards
are present at any given time. The property owner has also indicated that there
are thirteen (13) 24 -hour surveillance cameras throughout the entire shopping
center.
• 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, as 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, wine, and distilled spirits.
• 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.
Planning Commission Meeting
September 17, 2012
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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. Although the State 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. All data obtained
from the State Department of Alcoholic Beverage Control and other agencies is
only advisory information. The City of Rosemead Public Safety Center has also
found no unusual situations or concerns at the subject site. Furthermore,
conditions of approval outlining acceptable measures to mitigate any potential
problems with the addition of alcohol sales at this property will minimize the
impact of undue concentration. The subject site is not located near any schools
or churches. The nearest school or church is over 1,000 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 four (4) property owners, publication in
the Rosemead Reader, and postings of the notice at the six (6) public locations and on
the subject site.
Prepared by:
A -- �a
Lily Trinh
Assistant Planner
EXHIBITS:
Submitted by:
Michelle Ramirez
Community Development Director
A. Planning Commission Resolution No. 12 -18
B. Conditions of Approval
C. Site Plan and Floor Plan
D. Olive Garden Italian Restaurant Menu
E. Olive Garden Italian Restaurant's Responsible Service of Alcohol Policy
F. Assessor Parcel Map (APN: 5271 - 002 -058, 059, and 060)
Planning Commission Meeting
September 17, 2012
Page 8 of 18
EXHIBIT "A"
PC RESOLUTION 12 -18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 12 -09, FOR A NEW ON-
SALE GENERAL (TYPE 47) ABC LICENSE FOR OLIVE GARDEN
ITALIAN RESTAURANT, LOCATED AT 1866 MONTEBELLO TOWN
CENTER DRIVE, IN THE C -3 (MEDIUM COMMERCIAL) ZONE (APN:
5271 - 002 -058, 059, AND 060).
WHEREAS, on August 27, 2012, N &D Restaurants, Inc. submitted a Conditional
Use Permit application for a new On -Sale General (Type 47) ABC license. The project
is located at 1866 Montebello Town Center Drive; and
WHEREAS, 1866 Montebello Town Center Drive is located in the C -3 (Medium
Commercial) zone; and
WHEREAS, Section 17.112.020(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)." Section 17.112.010 sets criteria required for granting
such a permit. These criteria require that the proposed use is deemed:
A. The granting of such conditional use permit will be in harmony with the
elements or objectives of the General Plan; and
B. The establishment, maintenance or conduct of the use for which the
conditional use permit is sought will not be detrimental to the health, safety,
peace, morals, comfort or general welfare of the persons residing or working
in the neighborhood thereof; and
C. The granting of such conditional use permit will not be detrimental or
injurious to the property and improvements in the neighborhood or the
general welfare.
WHEREAS, 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 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 on their way to
school, interference with shoppers using streets, defacement and damage
to property; and
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September 17, 2012
Page 9 of 18
E. The proposed use will not lessen the suitability of any nearby commercially
zoned properties for commercial use; and
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.
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.112.010 of the RMC authorize the Planning Commission to approve,
conditionally approve, or deny Conditional Use Permits; and
WHEREAS, Sections 17.112.010 of the Rosemead Municipal Code specifies the
criteria by which a Conditional Use Permit may be granted; and
WHEREAS, on September 6, 2012, four (4) 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 on -site, specifying the availability of the application, plus the date,
time and location of the public hearing for Conditional Use Permit 12 -09, and on
September 6, 2012, the notice was published in the Rosemead Reader; and
WHEREAS, on September 17, 2012, the Planning Commission held a duly
noticed and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 12 -09; and
. WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination:
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1 . The Planning Commission HEREBY DETERMINES that
Conditional Use Permit 12 -09 is Categorically Exempt under Section 15309 of the
California Environmental Quality Act (CEQA) and local environmental guidelines.
Projects consisting of inspections to check for the performance of an operation, or the
quality, health, and safety of a project are exempt from environmental review per CEQA
guidelines. Accordingly, Conditional Use Permit 12 -09 is classified as a Class 9
Categorical Exemption pursuant to Section 15309 of CEQA.
SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 12 -09 according to the
Planning Commission Mee,';ing
September 17, 2012
Page 10 of 18
Criteria of Chapter 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.
FINDING: The proposed use is located within an established commercial district
of the City and is designated Commercial in the General Plan. Goal 2 of the Land Use
Element is to expand opportunities for concentrated commercial and industrial uses that
contribute jobs and tax revenues to the community.
B. The establishment, maintenance or conduct of the use for which the
conditional use permit is sought will not, under the particular case, be detrimental to the
health, safety, morals, comfort, convenience or welfare of persons residing or working in
the neighborhood.
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, Olive Garden Italian Restaurant has submitted a copy of their
responsible service of alcohol policy. The purpose of the program is to help Olive
Garden Italian 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 two to six shopping center security guards
are present at any given time. The property owner has also indicated that there are
thirteen (13) 24 -hour surveillance cameras throughout the entire shopping center.
C. The establishment, maintenance, and operation of the proposed use so
applied for will not, under the circumstances of the particular case, be detrimental or
injurious to the general welfare of the City;
FINDING: The 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 possible potential negative impacts to the surrounding neighborhood.
These conditions include, but are not limited to, prohibiting beer and wine
advertisements in the windows of the subject restaurant, requiring that the serving of
Planning Commission Meeting
September 17, 2012 w '
Page 11 of 18
alcohol at this location be open only during restaurant operating hours and prohibiting
dancing, live entertainment, or karaoke entertainment without prior approval of an
entertainment business from the Rosemead Planning Division and subject to Section
5.48 of the Rosemead Municipal Code. In addition, the City of Rosemead Public Safety
Department has found no unusual situation or concern at the subject site.
D. The proposed use will not present problems including, but not limited to,
loitering, obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference
with children on their way to school, interference with shoppers using streets,
defacement and damage to structures;
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 site is not located near any churches or schools. The nearest school or
church is over 1,000 feet away from the subject restaurant. Regular inspections by the
State ABC and the City of Rosemead Public Safety 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 applicant has indicated that the restaurant staff will be
trained on proper serving of beer and wine.
In addition, Olive Garden Italian Restaurant has submitted a copy of their
responsible service of alcohol policy. The purpose of the program is to help Olive
Garden Italian 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 two to six shopping center security guards
are present at any given time. The property owner has also indicated that there are
thirteen (13) 24 -hour surveillance cameras throughout the entire shopping center.
E. The proposed use will not lessen the suitability of any nearby commercially
zoned properties for commercial use;
FINDING: The proposed use will not endanger or otherwise constitute a menace
to the surrounding commercial properties, as 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, wine, and distilled spirits.
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
Planning Commission Meeting
September 17, 2012
Page 12 of 18
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. Although the State 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. All data obtained from the State Department of
Alcoholic Beverage Control and other agencies is only advisory information. The City of
Rosemead Public Safety Center has also found no unusual situations or concerns at the
subject site. Furthermore, conditions of approval outlining acceptable measures to
mitigate any potential problems with the addition of alcohol sales at this property will
minimize the impact of undue concentration. The subject site is not located near any
schools or churches. The nearest school or church is over 1,000 feet away from the
subject restaurant.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use
Permit 12 -09, to allow the issuance of a new On -Sale Beer and Wine (Type 47) ABC
license in conjunction with a bona fide public eating place located at 1866 Montebello
Town Center Drive.
SECTION 4 . This resolution is the result of an action taken by the Planning
Commission on September 17, 2012, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
SECTION 5 . The Secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and to the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 17 day of September, 2012.
Ruiz, Chair
Planning Commission Meeting
September 17, 2012
Page 13 of 18
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 17 day of
September, 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
September 17, 2012
Page 14 of 18
EXHIBIT "B"
CONDITIONAL USE PERMIT 12 -09
(APN: 5271 - 002 -058, 059, AND 060)
CONDITIONS OF APPROVAL
September 17, 2012
1. Conditional Use Permit 12 -09 is approved for a new On -Sale General (Type 47)
ABC license in conjunction with a bona fide public eating establishment, to be
developed in accordance with the plans marked Exhibit "C ", dated August 27,
2012. Any revisions to the approved plans must be resubmitted for review and
approval by the Planning Division.
2. Approval of Conditional Use Permit 12 -09 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.
3. Conditional Use Permit 12 -09 is approved for a period of six (6) months. The
applicant shall commence the proposed use or request an extension within 30-
calendar days prior to expiration. The six (6) months 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 Conditional Use Permit 12 -09 has been unused, abandoned, or
discontinued for a period of six (6) months it shall become null and void.
4. Conditional Use Permit 12 -09 is 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 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 Conditional Use Permit 12 -09.
5. 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
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September 17, 2012
Page 15 of 18
law.
6. The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved Plans where necessary.
7. The following conditions must be complied with to the satisfaction of the Planning
Department prior to final approval of the associated plans, building permits,
occupancy permits, or any other appropriate request.
8. The on -site public hearing notice posting shall be removed within 30 days from
the end of the 10 -day appeal period of Conditional Use Permit 12 -09.
9. 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.
10. Any changes to the conditions of operation listed in this Exhibit "B" must first be
approved by the Planning Commission through a modification application.
11. The sale of alcoholic beverages shall be incidental to the sales of food. No
lounge area may. be constructed without prior approval by the City's Planning
Commission.
12. 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 -09 is for an On -Sale General (Type 47)
alcohol license in conjunction with a bona fide public eating place only.
13. There shall be no dancing, live music, or other live entertainment permitted at the
subject restaurant without prior approval of an entertainment permit by the
Rosemead Planning Division and subject to Section 5.48 of the Rosemead
Municipal Code.
14. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code.
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
Department prior to installation. Wall signs and tenant identification signs shall
be reviewed and approved by the Rosemead Planning Department prior to
installation.
15. No advertisements or illuminated signs shall be displayed that are visible from
the exterior of the restaurant which advertises alcoholic beverages.
16. No karaoke -type machine or audio - visual entertainment system shall be located
Planning Commission Meeting
September 17, 2012
Page 16 of 18
in this restaurant without prior approval of an entertainment license by the
Rosemead Planning Division and subject to Section 5.48 of the Rosemead
Municipal Code.
17. Interior lighting shall be maintained at an illumination level that is typical and
appropriate for a family restaurant. Any request to reduce the existing
illumination levels for the interior of the restaurant shall be approved by the City
Planning Division.
18. The property shall comply with all appropriate federal, state, and local laws
relative to the approved use including the requirements of the Planning, Building,
Fire, and Health Department regulations.
19. The site shall be maintained in a clean, weed, and litter free state in accordance
with Sections 8.32.010, .020, .030 and .040 of the Rosemead Municipal Code,
which pertains to the storage, accumulation, collection, and disposal of garbage,
rubbish, trash, and debris. All trash containers shall be stored in the appropriate
trash enclosure at all times.
20. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected,
and maintained in,a clean, safe, and sanitary condition. Any activity related to
the operation of the restaurant involving the handling or disposing waste
materials shall comply with local, state, and federal laws and policies.
21. All graffiti shall be removed from the site. The site shall be maintained in a
graffiti -free state. Any new graffiti shall be removed within twenty -four (24) hours.
A 24 -hour Graffiti Hotline can be called at (626) 307 -0463 for assistance.
22. A current letter grade issued to the business by the LA County Department of
Health Services shall be properly posted at the restaurant.
23. All landscaped areas adjacent to the restaurant shall be maintained with
adequate landscaping and shall be maintained on a regular basis including the
removal of trash and litter.
24. The applicant shall keep the electrical and mechanical equipment and /or
emergency exits free of any debris, storage, furniture, etc. and maintain a
minimum clearance of five (5) feet.
25. Adequate lighting shall be provided in the vehicle parking area. All exterior
lighting shall be directed away from adjacent properties and shielded on all sides.
26. All roof top appurtenances and equipment shall adequately be screened from
view to the satisfaction of the Planning Division.
Planning Commission jyleeting
September 17, 2012
Page 17 of 18
27. The applicant shall submit a revised floor plan to the Planning and Building and
Safety Divisions for review and approval.
28. The hours of operation shall be posted in the front window or door. Hours of
operation shall be limited to the hours of 11:00 a.m. to 11:00 p.m. daily.
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. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
Planning Commission Meeting
September 17, 2012
Page 18 of 18
EXHIBIT 'IF"
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DARDEN RESTAURANTS, INC.
RESPONSIBLE SERVICE OF ALCOHOL POLICY
Darden Restaurants, Inc. is committed to the responsible service of alcoholic
beverages to responsible consumers. We are also committed to protecting our
employees and the community at large. All employees who may come in contact
with a guest as part of their employment with Darden Restaurants, Inc. are required to
follow these procedures:
All front of the house employees will successfully participate in an alcoholic
awareness training program when beginning employment at a Darden
Restaurant Inc. restaurant.
Employees will not serve an alcoholic beverage to anyone under 21 years of
age, anyone who is visibly intoxicated, or is a known, habitual alcoholic.
Before serving an alcoholic beverage, employees must check the
identification of guests who appearto be under the age of thirty years old.
Identification must show the guest to be at least 21 years of age. ID must
also match the physical characteristics of the customer presenting the
identification. Acceptable identification includes a driver's license with a
picture or a military ID. All other identification must be approved by the
manager on duty.
Employees will also check identification to determine if it is authentic.
Without authentic identification or in case of doubt, the employee must not
serve alcoholic beverages to the customer. Employees will check with
managers in times of doubt.
No employee will serve more than one drink to a guest at a time.
Employees must immediately notify the manager on duty when a guest
shows signs of intoxication. Employees must provide the manager with as
much information as possible regarding the circumstances under which the
guest became intoxicated. The manager will then inform the guest that the
service of alcoholic beverages will be discontinued.
Any customer showing visible signs of intoxication will be strongly urged not
to drive a vehicle. The manager will make an attempt to persuade the guest
to use aftemative transportation, by offering to call a cab or a friend.
If, despite these efforts, the intoxicated guest leaves in a vehicle, employees
should take note of the license plate number and the make and model of the
car. The appropriate law enforcement agency should be contacted
immediately.
I have read this policy statement, understand what is required to provide responsible
service of alcoholic beverages and agree to follow these procedures. I also
understand that failure to follow the procedures of this policy will be considered a
basis for disciplinary action, up to and including termination.
Employee Signature
Date
EXHIBIT "E"
Server Leader's Guide — Alcohol Awareness
Activity Length: 1 hour
Prepare
Tools:
❑ Responsible Alcohol Service Staff Guide
❑ Responsible Service of Alcohol Sheet
❑ Alcohol Awareness Pre -Test
❑ Alcohol Awareness Post -Test
❑ Video "Selling Alcohol Responsibly"
Say: "At the Olive Garden, we encourage the sensible enjoyment of wine and
other alcoholic beverages. Our goal is to enhance our guests' dining
experience, while at the some time understanding and practicing
responsible beverage service."
NOTE: If your restaurant is already using Alcohol Awareness Web -Based Training,
continue to use that in place of this Alcohol Awareness training. Web -
Based Training is located on Team DISH.
Present /Practice (tell/do method -) ......-....-...._....-........._...-..........._.._ ......... ........ ....................._....._.......-._-........._...- ............_.................
Instructions:
- Introduce responsible beverage service
- Administer "Alcohol Awareness" Pre -Test
- Distribute Responsible Alcohol Service Staff Guide
- Introduce and show "Selling Alcohol Responsibly" video
- Administer "Alcohol Awareness" Post -Test
Wh
As a server, you have a legal and moral responsibility to ensure safe, responsible
alcoholic beverage service.
Key Information to Cover:
- The four rules of responsible service
- Check the ID of anyone who looks under 30 and never serve alcohol to a minor
- Keep track of the alcohol served
- Get a manager when a guest arrives intoxicated or becomes intoxicated while
at the restaurant
- It's the manager's job to discontinue or deny alcohol service
- Basic facts about alcohol:
✓ Green, yellow and red light warning signals
- Team Member intervention techniques - importance of involving a manager
- How /when to check IDs
- Explain and review valid ID's from the following list that are accepted in your
state:
✓ Valid driver's license with picture, valid state issued picture ID,
Passport, U.S. Military ID (active duty)
- Appropriate manner in which to request proof of age from guests
- Know your state's alcohol laws - share specifics with new team member
- Remind new team members that guests must be carded even when they order
O'Douls's: our non - alcoholic beer
PRACTICE:
Instructions:
Role play - checking IDs F
Why:
r
- It is critical that servers can apply this information in a real life situation. F
Key Information to Cover:
- ROLE PLAY SCENARIOS: F
• Your guest lost her wallet last night, she looks young but she gives you her
birth certificate that indicates she is 23. She asks for a glass of wine
• Your guest orders a glass of wine, she looks younger than 30 ;
• A family of 4 is celebrating the daughter's graduation from high school. The a
father gives you permission to serve his daughter a glass of wine. How do you i
respond?
c
a
Your two guests have already been served two drinks at the bar. They look
younger than 30, they order two more drinks from you at the table
ALCOHOL AWARENESS FOLLOW - THROUGH:
Have new team member sign Responsible Service of Alcohol sheet and place in
employee file
Observe new team member during follow shifts (sessions 5 & 6) and ensure IDs
are being checked when appropriate
Provide specific feedback