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PC - Item 3A - Public Hearing Continuation of Conditional Use Permit 12-04ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: OCTOBER 15, 2012 SUBJECT: CONTINUATION OF CONDITIONAL USE PERMIT 12 -04 8310 VALLEY BOULEVARD Summary Kristine Truong has submitted a Conditional Use Permit (CUP) application requesting approval for a new On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating establishment, located at 8310 Valley Boulevard, in the C -3D (Medium Commercial with a Design Overlay) zone. The Planning Commission conducted a duly noticed public hearing for CUP 12 -04 on September 17, 2012. The Planning Commission staff report and meeting minutes are included in this report as Exhibits "C" and "D ". During the public hearing, the Planning Commission continued this item due to the applicant's request to modify the business plan of the outdoor patio area of the restaurant. Furthermore, the Planning Commission continued the public hearing on this item to October 15, 2012. 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 -04 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines and therefore exempt from further environmental analysis. Staff Recommendation It is recommended that the Planning Commission take the following actions: a. Receive information from staff. b. By motion and vote of the Planning Commission, reopen the public hearing to take public testimony. c. Adopt Resolution 12 -17. Planning Commission Meeting October 15, 2012 Paqe 2 of 17 Property History and Description The subject site is located at the City's westerly border, on the southeast corner of Charlotte Avenue and Valley Boulevard. According to the Los Angeles County Assessor's records, the site consists of one (1) parcel totaling approximately 33,620 square feet. According to the Building and Safety Division records, the property is currently developed with a 3,850 square foot restaurant currently occupied by China Bistro. According to Business License records, China Bistro has been operating at the subject site since 2006. On July 17, 2006, the Rosemead Planning Commission approved Conditional Use Permit 06 -1061 for a new On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating place. However, the applicant never proceeded with the request and withdrew their application with the State Department of Alcohol Beverage Control in 2006. Northwest Site & Surrounding Land Uses The project site is designated in the General Plan as Commercial and on the zoning map it is designated C -31D (Medium Commercial with a Design Overlay) zone. The site is surrounded by the following land uses: North: General Plan: City of San Gabriel Zoning: City of San Gabriel Land Use: City of San Gabriel Planning Commission Meeting October 15, 2012 Paoe 3 of 17 South: General Plan: Low Density Residential Zoning: R -1 (Single Family Residential) Land Use: Residential East: General Plan: Commercial Zoning: C -31D (Medium Commercial with a Design Overlay) Land Use: Commercial West: General Plan: City of San Gabriel Zoning: City of San Gabriel Land Use: City of San Gabriel Administrative Analysis On October 1, 2012, staff received a letter from the applicant (attached as Exhibit "G "), requesting to proceed with the Conditional Use Permit application as presented to the Planning Commission on September 17, 2012. The applicant is also requesting to modify Condition of Approval Number 30, by extending the hours of operation on Fridays and Saturdays from 11:00 a.m. to 1:00 a.m. However, the applicant will cease all alcohol sales at 12:00 a.m. Staff has confirmed this request with the Chief of Police and he is in support of this request. Restaurant Operations The applicant is currently operating a full service restaurant. The daily hours of operation are currently from 11:00 a.m. to 1:00 a.m., Monday through Sunday. As indicated on the restaurant's menu, which has been attached as Exhibit "F," the restaurant serves a full array of fusion Vietnamese - Chinese American style cuisine. The restaurant currently employs sixteen (16) employees on the largest shift. The floor plan (attached as Exhibit "E ") submitted by the applicant indicates that the restaurant provides seating for ninety -four (94) patrons inside the restaurant and sixty (60) patrons in the patio area. Floor Plan Staff's site inspection revealed that the floor plan of the table arrangements in the dining and patio areas has been modified since it was originally approved in 2006. For this reason, a condition of approval has been added requiring that the applicant submit a revised floor plan to the Planning and Building and Safety Divisions for review and approval. State Department of Alcoholic Bever Control (ABC) and Public Safety Report Staff has received a worksheet from the State Department of Alcoholic Beverage Control (ABC), which indicates that the subject restaurant is currently located in a census tract that has an overdue concentration of alcohol permits. The number of allowable on -sale ABC licenses for this census tract (No. 4813) is three (3). Currently, there are seven (7) authorized on -sale licenses for this census tract. Although the Planning Commission Meeting October 15, 2012 Page 4 of 17 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. State ABC has also determined that this location is 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. 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. Regular inspections by the State ABC and the 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 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. 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. The applicant has indicated that there are twenty -seven (27) surveillance cameras throughout the entire premise, which includes nineteen (19) within the restaurant area and eight (8) within the parking lot area. The applicant has also indicated that the restaurant staff will be trained related to the proper serving of beer and wine. Site Improvements Staff's site inspection revealed that several matters need attention due to the lack of property maintenance over the last several years. For this reason, several conditions of approval have been added to address the propey maintenance issues. The property maintenance items include: 1. The exterior of the building shall be power 2. The hedge located along the north side Boulevard shall be rehabilitated. or repainted. the outdoor patio, adjacent to Valley 3. The existing trash enclosure onsite condition. 4. All graffiti shall be removed. be returned to a sanitary and safe 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 Planning Commission Meeting October 15, 2012 Page 5 of 17 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. C 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 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 the State ABC and the City of Rosemead Public Safety Department will be conducted to ensure that the location is monitored for compliance with applicable local, state, and federal laws and shall not be detrimental to the surrounding communities. In addition, conditions of approval have been added to protect the adjacent residential neighborhoods from being affected by this commercial establishment. 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 Planning Commission Meeting ; October 15, 2012 Page 6 of 17 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 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. • 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 use shall not adversely affect the welfare of area residents or result in undue concentration in the neighborhood ofj establishments dispensing alcoholic beverages including beer and wine. Consideration shall be given regarding whether the proposed use will detrimentally affect nearby residentially zoned communities, considering distance to residential buildings, churches, schools, hospitals, public playgrounds, and other establishments dispensing alcoholic beverages. The proposed use will not endanger orlotherwise 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 Planning Commission Meeting October 15, 2012 Paoe 7 of 17 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 I . This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to forty -nine (49) property owners, publication in the Rosemead Reader, and postings of the notice at the six (6) public locations and on the subject site. Prepare � n Submitted by: Lil rinh Michelle Ramirez Assistant Planner Community Development Director EXHIBITS: A. Resolution 12 -17 B. Conditions of Approval C. Planning Commission Staff Report dated September 17, 2012 D. Planning Commission Minutes dated September 17, 2012 E. Site Plan and Floor Plan F. Restaurant Menu G. Applicant's Letter H. Assessor's Parcel Map (5371- 005 -006) Planning Commission Meeting September 17, 2012 Page 8 of 17 EXHIBIT "A" PC RESOLUTION 12 -17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 12 -04, FOR A NEW ON- SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR CHINA BISTRO, LOCATED AT .8310 VALLEY. BOULEVARD, IN THE C -3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN: 5371 - 005 -006). 4 WHEREAS, on May 3, 2012, Kristine Truong filed a Conditional Use Permit application requesting approval for a new On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating place located at 8310 Valley Boulevard; and WHEREAS, 8310 Valley Boulevard is located in the C -31D (Medium Commercial with a Design Overlay) 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 I 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: I D. The proposed use will not presentgproblems 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 Planning Commission Meeting October 15, 2012 Page 9 of 17 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 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, forty -nine (49) 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 -04, and on September 6, 2012, the notice was published in the Rosemead Reader; and WHEREAS, on September 17, 2012, the Planning Commission continued the duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 12 -04; and WHEREAS, on October 15, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 12 -04; 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 -04 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 -04 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA. Planning Commission Meeting October 15, 2012 Paqe 10 of 17 SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 12 -04 according to the 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. i 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 the State ABC and the City of Rosemead Public Safety Department will be conducted to ensure that the location is monitored for compliance with applicable local, state, and federal laws and shall not be detrimental to the surrounding communities. In addition, conditions of approval have been added to protect the adjacent residential neighborhoods from being affected by this commercial establishment. 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 th otherwise constitute a menace to the City or su and wine will be incidental to the sale of food a sold for off -site consumption. Maintenance < added to minimize possible potential negative irr These conditions include, but are not lim advertisements in the windows of the subject r alcohol at this location be open only during res dancing, live entertainment, or karaoke enter entertainment business from the Rosemead PI 5.48 of the Rosemead Municipal Code. In additi Department has found no unusual situation or cc proposed use will not endanger or - ounding properties. The sale of beer this restaurant and alcohol will not be id operational conditions have been acts to the surrounding neighborhood. ed to, prohibiting beer and wine staurant, requiring that the serving of tyrant operating hours and prohibiting iinment without prior approval of an nning Division and subject to Section n, the City of Rosemead Public Safety icern at the subject site. Planning Commission Meeting October 15, 2012 Pace 11 of 17 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 at least 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 ind that the restaurant staff will be trained on proper serving of - wine. 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. 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. 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. Planning Commission Meeting October 15, 2012 Page 12 of 17 SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 12 -04, to allow the issuance of a new On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide publicleating place located at 8310 Valley Boulevard. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on October 15, 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 15 day of October, 2012. Victor Ruiz, Chair CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 15 day of October, 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 October 15, 2012 Pace 13 of 17 EXHIBIT "B" CONDITIONAL USE PERMIT 12 -04 (APN: 5371 - 005 -006) CONDITIONS OF APPROVAL October 15, 2012 1. Conditional Use Permit 12 -04 is approved for a new On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating establishment, to be developed in accordance with the plans marked Exhibit "C ", dated July 12, 2012. Any revisions to the approved plans must be resubmitted for_review_ and_ approval _by_the_P_lanning_Division. -- _ 2. Approval of Conditional Use Permit 12 -04 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 -04 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 -04 has been unused, abandoned, or discontinued for a period of six (6) months it shall become null and void. 4. Conditional Use Permit 12 -04 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 -04. 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 law. Pianning Commission Meeting October 15, 2012 Page 14 of 17 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 -04. 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 durin ope rating hours. 10. Any changes to the conditions of operation listed in this Exhibit "B" must first be approved by the Planning Commission thr i ough 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 -04 is for an On -Sale Beer and Wine (Type 41) 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 115% 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 Ro iemead 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 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. Planning Commission Meeting October 15, 2012 Pace 15 of 17 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. 118. 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, r u bb ish , t r a sh, 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. 27. The applicant shall submit a revised floor plan to the Planning and Building and Safety Divisions for review and approval. 28. The exterior of the building shall be power washed or repainted within 60 -days from the Planning Commission hearing date and shall be maintained at all times. Planning Commission Meeting October 15, 2012 Page 16 of 17 29. The hedge located along the north side of the outdoor patio, adjacent to Valley Boulevard shall be rehabilitated within 60 -days from the Planning Commission hearing date and shall be maintained at all times. 30. 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 12:00 a.m., Sunday through Thursday and 11:00 a.m. to 1:00 a.m., Friday and Saturday. The applicant shall cease all alcohol sales at 12:00 a.m. daily. 31. Alcoholic beverages shall not be served in the patio area. 32. 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. 33. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings. ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: SEPTEMBER 17, 2012 SUBJECT: CONDITIONAL USE. PERMIT 12 -04 - . -- 8310 VALLEY BOULEVARD Summary Kristine Truong has submitted a Conditional Use Permit application requesting approval for a new On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating establishment, located at 8310 Valley Boulevard, in the C -31D (Medium Commercial with a Design Overlay) 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 -04 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 -17 with findings (Exhibit A) and APPROVE Conditional Use Permit 12 -04, subject to the thirty -three (33) conditions outlined in Exhibit "B" attached hereto. Property History and Description The subject site is located at the City's westerly border, on the southeast corner of Charlotte. Avenue and Valley Boulevard. According to the Los Angeles County Assessor's records, the site consists of one (1) parcel totaling approximately 33,620 square feet. According to the Building and Safety Division records, the property is currently developed with a 3,850 square foot restaurant currently occupied by China Bistro. According to Business License records, China Bistro has been operating at the subject site since 2006. EXHIBIT "C" Planning Commission Meeting September 17, 2012 Page 2 of 17 On July 17, 2006, the Rosemead Planning Commission approved Conditional Use Permit 06 -1061 for a new On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating place. However, tHe. applicant never proceeded with the request and withdrew their application with the State Department of Alcohol Beverage Control in 2006. Site & Surrounding Land Uses The project site is designated in the General Plan as Commercial and on the zoning map it is designated C -31D (Medium Commercial with a Design Overlay) zone. The site is surrounded by the following land uses: North: General Plan: City of San Gabriel Zoning: City of San Gabriel Land Use: City of San Gabriel South: General Plan: Low Density Residential Zoning: R -1 (Single Family Residential) Land Use: Residential East: General Plan: Commercial Zoning: C -31D (Medium Commercial with a Design Overlay) Land Use: Commercial West: General Plan: City of San Gabriel Zoning: City of San Gabriel Land Use: City of San Gabriel Northwest Elevation Planning Commission Meeting September 17, 2012 Page 3 of 17 Restaurant Operations The applicant is currently operating a full service restaurant. The daily hours of operation are currently from 11:00 a.m. to 1:00 a.m.,, Monday through Sunday. However, the applicant is proposing to extend the hours of operation to 2:00 a.m. As indicated on the restaurant's menu, which has been attached as Exhibit "D," the restaurant serves a full array of fusion Vietnamese - Chinese American style cuisine. The restaurant currently employs sixteen (16) employees on the largest shift.. The floor plan (attached as Exhibit "C ") submitted by the applicant indicates that the restaurant provides seating for ninety -four (94) patrons inside the restaurant and sixty (60) patrons in the patio area.. Floor Plan Staffs - site inspection - reVealed - that_ the floor plan of the table arrangements in - the — dining and patio areas has been modified since it was originally approved in 2006. For this reason, a condition of approval has been added requiring that the applicant submit a revised floor plan to the Planning and Building and Safety Divisions for review and approval. State Department of Alcoholic Beverage Control (ABC) and Public Safety Report Staff has received a worksheet from the State Department of Alcoholic Beverage Control (ABC), which indicates that the subject restaurant is currently located in a census tract that has an overdue concentration of alcohol permits. The number of allowable on -sale ABC licenses for this census tract (No. 4813) is three (3). Currently, there are seven (7) 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. State ABC has also determined that this location is 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. However, the Chief of Police is not supporting the sale of alcohol within the outdoor patio area nor the request to operate until 2:00 a.m. He is recommending that the hours of operation be limited to 11:00 a.m. to 12:00 a.m., Monday through Sunday. 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. Regular inspections by the State ABC and the 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 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. Planning Commission Meeting September 17, 2012 Page 4 of 17 Staff feels that this use is consistent with the surrounding commercial properties and existing land uses in the general area, with nol foreseeable negative impacts to the adjacent neighborhood or adjoining properties. The applicant has indicated that there are twenty -seven (27) surveillance cameras throughout the entire premise, which includes nineteen (19) within the restaurant area and eight (8) within the parking lot area. The applicant has also indicated that the restaurant staff will be trained related to the proper serving of beer and wine. Site Improvements Staff's site inspection revealed that several matters need attention due to the lack of property maintenance over the last several years. For this reason, several conditions of approval have been added to address the property maintenance issues. The property maintenance items include: f 1. The exterior of the building shall be power washed or repainted. 2. The hedge located along the north side of the outdoor patio, adjacent to Valley Boulevard shall be rehabilitated. 3. The existing trash enclosure onsite shall' be returned to a sanitary and safe condition. 4. All graffiti shall be removed. 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 or objectives of the General Plan; and will be in harmony with the elements The proposed use is located within an E and is designated Commercial in the 1 Element is to expand opportunities for uses that contribute jobs and tax revenu The establishment, maintenance or co use permit is sought will not, under t health, safety, morals, comfort, conve working in the neighborhood; and The site will be operated in accordance conformity with the development in an inspections by the State ABC and Department will be conducted to ens Wished commercial district of the City neral Plan. Goal 2 of the Land Use mcentrated commercial and industrial to the community. ct of the use for which the conditional particular' case, be detrimental to the ice or welfare of persons residing or with applicable City regulations and is in a around the project site. Regular site the City of Rosemead Public Safety ure that the location is monitored for Planning Commission Meeting September 17, 2012 Page 5 of 17 compliance with applicable local, state, and federal laws and shall not be detrimental to the surrounding communities. In addition, conditions of approval have been added to protect the adjacent residential neighborhoods from being affected by this commercial establishment. 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 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. Planning Commission Meeting September 17, 2012 Paqe 6 of 17 • 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 1 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. i • The use shall not adversely affect the welfare of area residents or result in undue concentration in the neighborhood of 'establishments dispensing alcoholic beverages including beer and wine. Consideration shall be given regarding whether the proposed use will detrimentally affect nearby residentially zoned communities, considering distance to residential buildings, churches, -- schools, hospitals, public playgrounds, and other establishments dispensing alcoholic beverages. The proposed use will not endanger or otherwise constitute a menace to the surrounding properties, as specific conditions of approval will be in effect upon the issuance of this permit. 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 includes a 300'- radius public hearing r publication in the Rosemead Reader, and locations and on the subject site. ar agenda notification process, which to forty -nine (49) property owners, ings of the notice at the six (6) public Planning Commission Meeting September 17, 2012 Page 7 of 17 Prepared b Lily Trinh Assistant Planner Submitted by: &I Ovkti el Michelle Ramirez Community Development Director EXHIBITS: A. Resolution 12 -17 B. Conditions of Approval C. Site Plan and Floor Plan D. Restaurant Menu E. Assessor's Parcel Map (5371- 005 -006) Minutes of the PLANNING COMMISSION MEETING September 17, 2012 The regular meeting of the Planning Commission was called to order at 7:00 p.m., by Chair Ruiz in the Council Chambers, 8838 E. Valley Boulevard, California. PLEDGE OF ALLEGIANCE - Commissioner Saccaro INVOCATION - Chair Ruiz ROLL CALL - Commissioners Eng, Herrera, Saccaro, Vice -Chair Hunter, and.Chair Ruiz ROLL CALL OF OFFICERS PRESENT: City Attorney Byrnes, Community Development Director Ramirez, Assistant Planner Trinh, Planning Technician Casillas, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Joseph Byrne, City Attorney, presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. DESIGN REVIEW 11 -02 - Simon Shum has submitted'a Design Review application requesting approval to construct a new single family residence with 2,700 square feet of living area with an attached four car garage and a detached three car garage. The subject property is located at 7432 Whitmore Avenue, in the R -2 (Light Multiple Residential) zone. , PC RESOLUTION 12 -19 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 11- 02 PERMITTING THE.CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH 2,700 SQUARE FEET OF LIVING AREA WITH AN ATTACHED FOURICAR GARAGE AND A DETACHED THREE CAR GARAGE LOCATED AT 7432 WHITM STREET IN THE R -2 (LIGHT MULTIPLE RESIDENTIAL) zONE.. STAFF RECOMMENDATION— Staff recommends No. 12 -19 with findings, and APPROVE Design Rei Planning Technician Casillas presented staff report. I Chair Ruiz asked the Planning Commission if there are any quesli Commissioner Eng asked if the parking standard is based on an �F Planning Technician Casillas replied yes. Commissioner Eng asked what is the current zoning code for R -2. the Planning Commission ADOPT Resolution 11 -02 subject to twenty -five (25) conditions. or comments for staff. zone. EXHIBIT "D" Planning Technician Casillas replied the current code for R -2 requires two enclosed parking spaces for each dwelling unit. Commissioner Eng confirmed that currently there is only one two -car garage. Planning Technician Casillas replied yes. Commissioner Eng asked if there will be seven (7) new garages with each home having its own garage. Planning Technician Casillas replied each house will have a two -car garage and there will be one additional garage space. Commissioner Eng asked if the back house will have a three -car garage. Planning Technician Casillas replied yes. -- -- Commissioner -Eng referred to the unit that is being modified to widen the driveway, and asked -what existing portion is being removed. Planning Technician Casillas replied it is the interior part of the house (kitchen, dining room, and bathroom). Commissioner Eng asked what about laundry facilities for the two front homes. Planning Technician Casillas replied there currently is not any. Commissioner Eng asked if there are any, plans for any.. Planning Technician Casillas replied no. Commissioner Eng asked what the standard is and how the drainage plan is is being addressed. Planning Technician, Casillas explained that the drainage plan gets approved through Building and Safety Division, but it is being proposed, that it will'drain towards the street. Commissioner Eng asked if any.re- grading will be involved and if the existing home is being completely demolished. Planning Technician Casillas replied,yes. Commissioner Eng confirmed if any re- grading will be done. Planning Technician Casillas replied we can defer that question to the applicant, and explained it does not appear that they are going to raise the grade of the site. Vice -Chair Hunter asked if they will have to cut into the two houses for the driveway. Planning Technician Casillas replied yes. Vice -Chair Hunter asked how large the homes are. Planning Technician Casillas replied one is over 1,000 square feet and the other is being reduced to 900 square feet. 2 Vice -Chair Hunter asked if they will be able to do that. Planning Technician Casillas replied yes. Commissioner Herrera asked where the rear yard set -back is for the address of 7436 Whitmore Avenue and if there is a 6,000 square ft. requirement per lot size. Planning Technician Casillas replied in an R -1, in order to create a lot, you will need 6,000 ft., but the lot is already created. She explained their needs to be a minimum size of a lot to have multiple units on site and this property is large enough to accommodate three homes. j Commissioner Herrera confirmed that there will not be a back yard for 7436 Whitmore Avenue. Planning Technician Casillas stated no, and typically they would share the rear yard. Chair Ruiz asked if homes are required to have 25 ft., rear yard. a ' ' _ .. r _ Planning Technician Casillas replied no, and explained buildings to buildings or dwelling units to dwelling units have to have a minimum 20 ft., separation. Chair Ruiz confirmed if this information is correct and stated the other home shows the 25 square ft., but in between there is not any. Planning Technician Casillas stated it is 23 square ft. Chair Ruiz confirmed the 23 square ft., and asked if it will be concrete: Planning Technician Casillas replied yes. Chair Ruiz stated he disagrees with the concrete and recommended some greenery such as grass. He explained that he would like to have a Condition of Approval added that will not allow any plumbing in the garages to prevent illegal conversions of garages into dwellings. Community Development Director Ramirez stated rather thani adding the Condition of Approval that states no plumbing at all, that the condition allow plumbing only for the purpose of adding a washer. Chair Ruiz stated that he is agreeable with that recommendation and understands the the need for electricity, but would like the Condition of Approval to state that there will be no shower stalls, bathtubs, toilets, bathrooms, and kitchen facilities installed. Community Development Director Ramirez stated it will be wo exception of only laundry (washer) purposes. Chair Ruiz asked Joseph Byrnes, City Attorney, if he could assis Vice -Chair Hunter asked where the laundry facilities are located Chair Ruiz stated the applicant may address that question. He to ask staff. in a way that no plumbing be allowed with the with the wording of this Condition of Approval. if there were any other questions or concerns None Chair Ruiz opened the Public Hearing and asked Simon Shum to the podium. Simon Chum, architect for the owner, expressed concern that if a lawn is planted instead of concrete that there will not be enough sun or daylight and when it is watered it will become soggy. He stated this home has a 30 ft. setback for a yard and, at this time, it is a family owned home. He stated that in the future it may be leased out but for now it is family owned and they are living there. He also requested that a tree be planted instead of a lawn. Commissioner Eng asked if the area being discussed is at 7436 Whitmore Avenue. Chair Ruiz replied yes. .'.' Commissioner Eng stated that there is not a lot of hardscape area for the! fain ilies other than the driveway. She stated it is not in the public view in terms of having a lawn or visible green space and they already have the side set- back with green landscaping and it would be nice to have some hatdscape between the garage and building for a barbeque or something like that other than the driveway. Chair Ruiz stated that is why he is requesting that the concrete be removed and replaced with some lawn area. He stated according to the plan, the area faces east and west and there should not be any blockage of sunlight. He stated he would still like to have some grass but if the applicant would like to out a tree he is agreeable to that option. Simon Chum stated in regards to the plumbing he has observed a lot of other cities, are very concerned with a garage being converted to a living area. He explained that his applicant did not even want to build a garage and is building it to comply with code, and there is a Condition of Approval being put on them like they are trying to steal space and create something. He stated he is offended personally and suggested that the City Council needs to be more responsible and address making more affordable housing, reduce set- backs, and reduce the overburdening regulations. He stated this is very,in"sulting to his client after spending all this money on this project so that they will potentially have someone live in the garage. Chair Ruiz apologized 'and' asked Simon Chum not to take, offense or take this personally. He stated that the City does need to follow the Rosemead Municipal Code and make sure parking requirements are met and that things are completed correctly.. . J Simon Chum, architect, stated that' he would like to see the City address and create more affordable housing. He'stated because of•the economy and not finding affordable or adequate housing may be one of the causes of the illegal conversions. Commissioner Eng stated she lives right around the corner from this project and she likes this project. She stated there is a lot of thought into the design and is designed for family living. She stated the improvements will bring up property value in that area. She also thanked the owners for taking the time and expense for contributing in making the City a community we want it to be. She asked Simon Chum if the Condition of Approval regarding the plumbing for a washer and dryer is acceptable. Simon Chum replied yes and thanked Commissioner Eng for her comments. Chair Ruiz also thanked Simon Chum and the property owner for the improvements on the property. Vice -Chair Hunter asked if each home currently had laundry facilities. 4 Simon Chum replied they currently have a washer and dryer in one of the two front home units. He explained they are stackable and with the new home being built the back unit will also have a laundry facility, which may also be stackable. Vice -Chair Hunter commented the stackable units do not take up much space and asked if a laundry room has been considered so that all the tenants could use it. Simon Chum explained there are already laundry facilities in two of the three units and replied that a laundry room has not been considered. He added the Condition of Approval for i laundry facility in the future will be sufficient. Commissioner Saccaro stated he likes the project and it will be an t ! improvement for the neighborhood. Chair Ruiz thanked the family and stated this is good use to the property, excellent floor plan, and it is a nice single - story home. He asked if there are any more questions or comments. ' None Chair Ruiz closed the Public Hearing and asked the Planning Commission if they had any questions or comments. Commissioner Herrera asked if the rear home is going to be a two -story home. Chair Ruiz and staff replied no. Joseph Byrnes, City Attorney, stated additional Condition of Approval number twenty -six (26) will read, "No plumbing of any kind and for any purpose shall be permitted in any of the garages with the exception of plumbing for laundry facilities at a later time and subject to any other requirements of the Municipal Code. ". He stated Condition of Approval number twenty -seven (27) will read, 'The hardscape area between the southernmost garage and southern most house will be changed from hardscape area to a landscape area." Chair Ruiz asked for a motion. Commissioner Eng made a motion, seconded by Commissioner Saccaro, to ADOPT Resolution No. 12.19 with findings, .and APPROVE Design Review 11 -02 subject to twenty -five (25) conditions. Condition of Approval numbers twenty -six (26) and twenty -seven (27) were added by the Planning Commission. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz, Saccan No: None Abstain: ' None Absent: None 't Community Development Director Ramirez stated there is a 1 concluded staff may be contacted to begin working on the plans. B. CONDITIONAL USE PERMIT 12.04 - Kristine application requesting approval for a new ( conjunction with a bona fide public eating esta 3D (Medium Commercial with a Design Overlay) appeal process. She explained once that is 1 has submitted a Conditional Use Permit Beer and Wine (Type 41) ABC license in it, located at 8310 Valley Boulevard, in the C- PC RESOLUTION 12.17 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF bm ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 12.04, FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR CHINA BISTRO, LOCATED AT 8310 VALLEY BOULEVARD, IN THE C -3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. STAFF RECOMMENDATION - Based on the analysis and findings contained in this report, staff recommends that the Planning Commission ADOPT Resolution No. 12.17 with findings and APPROVE Conditional Use Permit 12.04, subject to the thirty -three (33) conditions. Assistant Planner Trinh presented,staff report. l'. Chair Ruiz asked if the Planning Commission had any questions for staff. Vice -Chair Hunter stated she agrees with the Chief of Police of no alcohol: in the patio area and with the operation hours of 11:00 a.m. to 12:00 a.m. She stated that is appropriate for that restaurant. - Commissioner Herrera stated that seems. reasonable. since there.is.an overconcentration.of ABC-licenses and it is in a high crime area. F. . Commissioner Eng asked staff if the floor plan has been modified as a result of increased seating capacity. Assistant Planner Trinh stated the floor plan was modified, however these tables and chairs are portable not fixed. She explained that during a site inspection it was realized the floor plan had been modified and one of the requirements of the Conditions of Approval is that the applicant submits a new floor plan. She stated this will ensure everything is in compliance. Commissioner Eng asked if it will be compliance with fire code. Assistant Planner Trinh replied yes. Commissioner Eng asked how parking will be impacted with the increase of seating. Assistant Planner Tnnh replied it will not be impacted and explained according to the Rosemead Municipal Code the ratio for parking is through the square footage of the seating area. ,.. Commissioner Eng asked what is the parking standard. Assistant Planner Trinh replied it is one per one hundred Commissioner Eng asked how many parking spaces are currently on this site. Assistant Planner Trinh replied'there is a total of fifty -two parking spaces. Commissioner Eng asked why the trash enclosure does not have a solid roof top. Assistant Planner Trinh replied this project was approved in 2006 as a Design Review application and it was required to have a trash enclosure with a trellis. Commissioner Saccaro asked if the covering on the west side of the patio could be replaced with a roll -up and roll - down cover. Assistant Planner Trinh replied that question can be deferred to the applicant. Chair Ruiz asked if there were any more questions or comments for staff. None Chair Ruiz opened the Public Hearing. Stanley Szeto, representative for Kristine Truong (applicant), stated they are in agreement of all the Conditions of Approval. He would like to request that in regards to Condition of Approval number thirty-one (31) that the sale of alcohol be included in the patio. He explained that ABC has required that the access from the patio to the parking lot on the west side of the patio be enclosed. He stated that the only access to the patio would be from the restaurant and ABC has required they have a separate service station from within the patio area. He explained that the patio area is a large area and to not be able to serve alcohol in that area would cause the lose of half of the sales of the entire restaurant. He stated that they are willing to close the access directly from the patio to the parking lot and explained that the patio is entirely enclosed and covered. He stated they are agreeable to the hours of operation. Chair Ruiz asked if the Planning Commission had any questions for the applicant Commissioner Saccaro confirmed if the applicant stated the west side of.the patio is going to be enclosed. Stanley Szeto replied yes and explained ABC is requiring them to close the exit into the parking lot on the west side and the entire patio. Commissioner Saccaro asked if the north side of the patio will be enclosed also or is it currently enclosed Stanley Szeto replied that the north side is already enclosed and the only direct access from the patio to the parking lot is on the west side. He stated that ABC has required that be enclosed and the only access to the patio is from the dining area into the restaurant only. Commissioner Saccaro asked if the patio will actually,be part of the restaurant. Stanley Szeto replied yes.. Assistant Planner Trinh explained there are two accesses from ttie patio; one gate on the north side and one gate on the west side. She explained the reason the building official approved the patio increase in seating is because there are two exits and if one exit is closed off, then it will create a� problem with fire code and building requirements. She asked it the applicant is going to fully enclose the patio or are they are just going to enclose the gate. Stanley Szeto replied it will be an emergency exit only. Chair Ruiz explained this will be a problem if the patio is not fully enclosed and the emergency exits will provide access into the parking lot and this is in a high crime area. He also expressed concern that drinking alcohol will be viewed by the public if alcohol is served on the patio. Commissioner Eng asked how the patio request was handled for Chipotle and how were their terms different in regards to access. Assistant Planner Trinh replied Chipotle did have an access from the western side, but they are fully enclosed with a wall and planters. She explained in this situation the patio is covered with a rod iron gate. Commissioner Eng asked if there is anything that can be done to mitigate that. Assistant Planner Trinh explained that this application is also requesting to add 'a service bar in the patio area and she is not sure if this would be supported by the Chief of Police. Stanley Szeto stated it is a service station. Chair Ruiz stated a service station is a bar area where beer will be served. Stanley Szeto explained it will have kitchen settings, plates, silverware, and it is a service station. Chair Ruiz asked if there will be beer. Stanley Szeto replied beer will be served from the restaurant. Chair Ruiz explained to Commissioner Eng that Chipotle was a" different situation and it basically is surrounded by a commercial area. He stated with this application it is not totally commercial and is in the public view. He expressed he likes the restaurant but does not feel that serving wine and beer in the public view is not appropriate. Vice -Chair Hunter expressed that she has eaten at the restaurant and the.food is very good. She said she agrees with Chair Ruiz that beer and wine should not be seen from the public view. She also mentioned that patio area needs to be cleaned up. Commissioner Herrera stated that keeping the alcohol inside the interior of the - restaurant and changing the operating hours to closing at 12:00 a.m., as the Chief of Police recommended, is acceptable to her. She questioned if that will be acceptable to the applicant. Vice -Chair Hunter stated she can see if alcohol is served in bottles, that it may be taken from the patio area very easily and lead to driving "with'an open container. Commissioner Eng expressed that this'area has an overdue concentration of ABC licenses and asked which other restaurants in this census tract has Type (41) ABC licenses: Assistant Planner Tnnh`repl ed,eight (8) and named the locations. Commissioner. Eng asked if any of the restaurants had patio seating and if there are four (4) over the allowed amount. Assistant Planner Trinh replied there is not any patio's and there are a total of eight (8) ABC licenses not including this application. Commissioner Eng asked if;the "Chief of Police had any specific concerns that he cited. Chair Ruiz addressed Commissioner Eng and stated he would like to close the Public Hearing and then address that question. Commissioner Saccaro addressed Chair Ruiz and stated he would like to ask the applicant another question. He asked the applicant if the patio will be enclosed with a solid wall. Simon Chum replied the door will be eliminated. He explained that he understands there are building and fire requirements in regards to access, but they are willing to remove some of the tables and chairs to reduce the occupancy load and satisfy the requirements. Commissioner Saccaro asked if it is going to be enclosed with rod iron fencing. Simon Chum replied no, it will be done in good taste and be consistent with the architectural design of the patio. Vice -Chair Hunter asked if lattice work or some type of covering could be installed to prevent public viewing of beer and wine on the patio. Chair Ruiz addressed Simon Chum and stated he would like to recommend that this item be tabled to a later date so he can work with staff on details and not be voted at tonight's meeting. He asked Simon Chum if he is agreeable to this recommendation. Community Development Director Ramirez stated that is up to the applicant because he is the one making changes and asked the applicant if this is something that can be brought back to the Planning Commission. Simon Chum replied yes, and stated this is a family restaurant and not a bar with entertainment. He stated not everyone that is sitting in the patio area is going to be drinking and watching television like it's a sports bar, it is a family restaurant. Chair Ruiz stated he agrees that it is a family restaurant and he recommends that he work with staff and bring another plan that will meet the concerns that have, been discussed. He' stated one of the major concerns is the visibility to the public and he will also need to address the Chief of Police concerns. He explained by addressing these concerns it will improve his business and that he will need to work with staff. Simon Chum replied he will work with staff. Chair Ruiz closed the Public Hearing and asked the Planning Commission if there are any more questions or comments for staff. , Commissioner Eng "asked staff what are the specific concerns concern that there is more than the allowed amount of Type (41) Chief of Police had. She also expressed her licenses in the area. Assistant Planner Trinh replied because the location is in a high Police is concerned that this will turn into a bar applicant disclosed information that was never discussed with h discuss this with the Chief of Police. Chair Ruiz stated staff will work with the applicant and architect will discuss the changes with the Chief of Police and explain that o Community Development Director Ramirez stated this item meeting in October. Chair Ruiz asked Simon Chum if this is agreeable with him. me district and overdue concentrated, the Chief of ;ene in the patio area. She stated the in regards to enclosing the patio; she will need to address the concerns discussed. He stated staff will not be like a bar. be continued to be brought back to the second Simon Chum replied yes. Joseph Byrne, City Attorney, recommended that a date made certain so that the Public Notice process be waived and not be provided for a hearing. Chair Ruiz stated the Public Hearing will be continued to the Monday, October 15, 2012 Planning Commission meeting. He confirmed with staff and applicant if that will be sufficient time to prepare for this date. Assistant Planner Trinh replied if the applicant immediately contacts staff to work with us then that will be fine. Simon Chum replied yes. Community Development Director explained that if there are complications and because we are continuing the Public Hearing for this application, it can be continued again if necessary. Chair Ruiz stated this will be continued to the Planning Commission meeting to be held on Monday, October 15, 2012. C. CONDITIONAL USE PERMIT 12.09 - 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. ; 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 C3 (MEDIUM COMMERCIAL) .ZONE. 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 and APPROVE Conditional Use Permit 12 -09, subject to the thirty (30) conditions. Assistant PlannerTr nh presented staff report. Chair Ruiz asked the Planning,Commission has any questions for staff. Commissioner Eng stated this is,a °Type (47),vs. a Type (41) ABC license and asked staff if this is because they have a bar. Assistant Planner'Thnh replied that Type (41) ABC License is for beer and wine only and Type (47) also has distilled spirits. Chair Ruiz opened the Public Hearing and asked the Representative for Olive Garden to the podium. Pad Holliday, Site Development Manager for Darden Restaurants, stated that Darden Restaurants is the parent company to Olive Garden, Red Lobster, Longhorn Steakhouse, and other specialty restaurants. She stated they also just purchased the Yard House. She explained that Darden Restaurants own and operate all their restaurants; they do not franchise them, and take full responsibility for them. She stated she is here to answer any questions the Planning Commission may have. Chair Ruiz asked when the restaurant will open and stated the City of Rosemead is very excited that Olive Garden is coming into the community. 10 Pan Holliday thanked the Planning Commission and replied they will open soon and are very pleased to be in the community. Chair Ruiz asked the Planning Commission if there are any questions. Chair Ruiz closed the Public Hearing and asked for a motion. i Commissioner Herrera made a motion, seconded by Vice -Chair Hunter, to ADOPT Resolution No. 12 -18 with findings and APPROVE Conditional Use Permit 12.09, subject to the thirty (30) conditions. Vote resulted in: i S Yes: Eng, Herrera, Hunter, Ruiz, Saccaro' No: None Abstain: None Absent: None 4. CONSENT CALENDAR A. Approval of Minutes - August 6, 2012 t Consent Calendar approved as presented. Vice -Chair Hunter made a motion; seconded by Commissioner Herrera, to approve the Consent Calendar as presented. Vote resulted in: Yes:_ - No: Abstain Absent: 5. MATTERS F Eng, Herrera, Hunter, Ruiz ;Saccaro None None None . ROM STAFF None 6. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Herrera asked if there is a procedure that can address dilapidated carport/garage tarps that are in driveways. She stated there is one located on Delta and Nonvoo j that is in bad shape. Community Development Director Ramirez stated they are not allowed. Chair Ruiz requested that staff report this to Code Enforcement and commented that he would like to see more proactively. Vice -Chair Hunter stated Julie Gentry (resident) who lives on Nevada Avenue, has reported that she can hear noise coming from the Que's Bar located on Valley Boulevard all the way to her home very late at night. Vice -Chair Hunter explained she had asked Julie Gentry to tonight's meeting to discuss this issue. Community Development Director Ramirez stated that she has scheduled a meeting with Julie Gentry to address this concern. She stated staff can also work with Code Enforcement and bring this concern to their attention. Commissioner Herrera asked for the telephone number for Public Safety/Code Enforcement and for their hours of operation, so, if needed, the Planning Commissioners may call to report concerns. She asked for contact information. Commissioner Eng stated a resident has expressed a concern to her in regards to approved overdue concentration of ABC licenses. She stated this resident is concerned if the city has the public safety and resources ability to handle the concerns resulting from the level of the over - concentration of these ABC.licehses. She requested staff look into the level of overdue concentration of the ABC licenses in the census of the City and see what the City can do strategically to maintain some sort of balance of the approval of ABC licenses. Commissioner Eng announced her participation in the 2012 NAMI Walks to honor and to remember two beautiful and free spirited lives, Jazmyne Ha Eng and Anthony Spadaro in Los Angeles. She also stated if anyone is interested in joining the walk or would like to make a donation for this cause please contact her. Chair Ruiz thanked Commissioner Eng and stated he appreciates what she is doing. He stated he understands how she feels and is sorry for her loss. - 7. 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Valley Blvd., Rosemead, CA 91770 Dear City of Rosemead, I would like to continue with the conditional Use Permit Application process by accepting all recommended conditions of Approval but with a modification to Condition # 30, hours of operations for alcohol beverage serving limited to the hours of 11:00 a.m. to 12:00 a.m. daily. I would like to have extended operating hours for Friday and Saturday night. The business operating hours for Friday and Saturday will be from 11:00 a.m. to 100 a.m. and alcoholic beverages will not be served after 12:00 a.m. as stated in your condition. Your understanding and approval is greatly appreciated. Gourmet Inning Inc. Assessor's Parcel Map 5371 5 I ' LA I I OUTA � -291, - 11 1 u. 6 75- • IHAt N 3 3K 5312 I PG I-AC I NU C M A I 011C %'R MY, U. V, FT SUBJECT SITE EXHIBIT "H"