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PC - 2012-13 - Design Review 12-02 and Conditional Use Permit 12-06 for Construction, ABC License at 3610-3616 Rosemead BoulevardPC 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 -313 (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 -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, 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 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 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 -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 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 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, 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. 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 Sheriff's 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, 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 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 -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: 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 6 th day of August, 2012. 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: ENG, HERRERA, HUNTER, RUIZ AND SACCARO NO: NONE ABSTAIN: NONE ABSENT: NONE Ak Jut, M Michelle Ramirez, S retary FORM: Gregory M. Md'rp tanning Comm Burke, Williame& Sorensen, LLP 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 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 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. All 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 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. 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 an 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. 32. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. 33. A new trash enclosure with a solid roof top shall be installed within the project area. The trash enclosure walls shall be an integral part of the building design and be of the same architectural style of the development. The trash enclosure shall have opaque steel self - closing and self - latching doors. The trash area must be maintained and the opaque doors shall be closed at all times (Added by the Planning Commission on August 6, 2012).