PC - 2012-18 - Approving Conditional Use Permit 12-09 for a New On-Sale General ABC License for Olive Garden Italian RestaurantPC RESOLUTION 12 -18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 12 -09, FOR A NEW ON-
SALE GENERAL (TYPE 47) ABC LICENSE FOR OLIVE GARDEN
ITALIAN RESTAURANT, LOCATED AT 1866 MONTEBELLO TOWN
CENTER DRIVE, IN THE C -3 (MEDIUM COMMERCIAL) ZONE (APN:
5271 - 002 -058, 059, AND 060).
WHEREAS, on August 27, 2012, N &D Restaurants, Inc. submitted a Conditional
Use Permit application for a new On -Sale General (Type 47) ABC license. The project
is located at 1866 Montebello Town Center Drive; and
WHEREAS, 1866 Montebello Town Center Drive is located in the C -3 (Medium
Commercial) zone; and
WHEREAS, Section 17.112.020(9) of the Rosemead Municipal Code (RMC)
allows "on -sale alcohol licenses in the C -1, C -3, CBD and M zones upon the granting of
a Conditional Use Permit (CUP)." Section 17.112.010 sets criteria required for granting
such a permit. These criteria require that the proposed use is deemed:
A. The granting of such conditional use permit will be in harmony with the
elements or objectives of the General Plan; and
B. The establishment, maintenance or conduct of the use for which the
conditional use permit is sought will not be detrimental to the health, safety,
peace, morals, comfort or general welfare of the persons residing or working
in the neighborhood thereof; and
C. The granting of such conditional use permit will not be detrimental or
injurious to the property and improvements in the neighborhood or the
general welfare.
WHEREAS, Section 17.112.100 of the Rosemead Municipal Code states that in
addition to the general findings required for the issuance of a Conditional Use Permit,
the Planning Commission, or on appeal the City Council, shall find that each of the
following facts or conditions exist, prior to the issuance of a new Conditional Use Permit
authorizing the sale of alcoholic beverages:
D. The proposed use will not present problems including, but not limited to,
loitering, obstruction of pedestrian traffic, increased vehicular traffic,
increased parking demand, crime, interference with children on their way to
school, interference with shoppers using streets, defacement and damage
to property; and
E. The proposed use will not lessen the suitability of any nearby commercially
zoned properties for commercial use; and
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F. The use shall not adversely affect the welfare of area residents or result in
undue concentration in the neighborhood of establishments dispensing
alcoholic beverages including beer and wine. Consideration shall be given
regarding whether the proposed use will detrimentally affect nearby
residentially zoned communities, considering distance to residential
buildings, churches, schools, hospitals, public playgrounds, and other
establishments dispensing alcoholic beverages.
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.112.010 of the RMC authorize the Planning Commission to approve,
conditionally approve, or deny Conditional Use Permits; and
WHEREAS, Sections 17.112.010 of the Rosemead Municipal Code specifies the
criteria by which a Conditional Use Permit may be granted; and
WHEREAS, on September 6, 2012, four (4) notices were sent to property owners
within a 300 -foot radius from the subject property, in addition to notices posted in six (6)
public locations and on -site, specifying the availability of the application, plus the date,
time and location of the public hearing for Conditional Use Permit 12 -09, and on
September 6, 2012, the notice was published in the Rosemead Reader; and
WHEREAS, on September 17, 2012, the Planning Commission held a duly
noticed and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 12 -09; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination:
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1 . The Planning Commission HEREBY DETERMINES that
Conditional Use Permit 12 -09 is Categorically Exempt under Section 15309 of the
California Environmental Quality Act (CEQA) and local environmental guidelines.
Projects consisting of inspections to check for the performance of an operation, or the
quality, health, and safety of a project are exempt from environmental review per CEQA
guidelines. Accordingly, Conditional Use Permit 12 -09 is classified as a Class 9
Categorical Exemption pursuant to Section 15309 of CEQA.
SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 12 -09 according to the
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
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elements or objectives of the General Plan.
FINDING: The proposed use is located within an established commercial district
of the City and is designated Commercial in the General Plan. Goal 2 of the Land Use
Element is to expand opportunities for concentrated commercial and industrial uses that
contribute jobs and tax revenues to the community.
B. The establishment, maintenance or conduct of the use for which the
conditional use permit is sought will not, under the particular case, be detrimental to the
health, safety, morals, comfort, convenience or welfare of persons residing or working in
the neighborhood.
FINDING: The site will be operated in accordance with applicable City
regulations and is in conformity with the development in and around the project site.
Regular site inspections by State ABC, the Rosemead Public Safety Department, and
the Los Angeles County Sheriff's Department will be conducted to ensure that the
location is monitored for compliance with applicable local, state, federal laws and shall
not be detrimental to the surrounding communities.
In addition, Olive Garden Italian Restaurant has submitted a copy of their
responsible service of alcohol policy. The purpose of the program is to help Olive
Garden Italian Restaurant team members serve their guests in a responsible manner
and to provide information concerning ways to handle specific situations that they may
encounter.
The property owner has indicated that two to six shopping center security guards
are present at any given time. The property owner has also indicated that there are
thirteen (13) 24 -hour surveillance cameras throughout the entire shopping center.
C. The establishment, maintenance, and operation of the proposed use so
applied for will not, under the circumstances of the particular case, be detrimental or
injurious to the general welfare of the City;
FINDING: The City anticipates that the proposed use will not endanger or
otherwise constitute a menace to the City or surrounding properties. The sale of beer
and wine will be incidental to the sale of food at this restaurant and alcohol will not be
sold for off -site consumption. Maintenance and operational conditions have been
added to minimize possible potential negative impacts to the surrounding neighborhood.
These conditions include, but are not limited to, prohibiting beer and wine
advertisements in the windows of the subject restaurant, requiring that the serving of
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.
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D. The proposed use will not present problems including, but not limited to,
loitering, obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference
with children on their way to school, interference with shoppers using streets,
defacement and damage to structures;
FINDING: The serving of beer and wine as an ancillary use to a full - service dine -
in restaurant will not cause obstructions to pedestrian traffic, vehicular traffic, or parking.
The subject site is not located near any churches or schools. The nearest school or
church is over 1,000 feet away from the subject restaurant. Regular inspections by the
State ABC and the City of Rosemead Public Safety Department will ensure that the
location is monitored and the serving of alcoholic beverages will not result in
interference with children on their way to school, shoppers using streets, or defacement
of surrounding properties. The applicant has indicated that the restaurant staff will be
trained on proper serving of beer and wine.
In addition, Olive Garden Italian Restaurant has submitted a copy of their
responsible service of alcohol policy. The purpose of the program is to help Olive
Garden Italian Restaurant team members serve their guests in a responsible manner
and to provide information concerning ways to handle specific situations that they may
encounter.
The property owner has indicated that two to six shopping center security guards
are present at any given time. The property owner has also indicated that there are
thirteen (13) 24 -hour surveillance cameras throughout the entire shopping center.
E. The proposed use will not lessen the suitability of any nearby commercially
zoned properties for commercial use;
FINDING: The proposed use will not endanger or otherwise constitute a menace
to the surrounding commercial properties, as conditions of approval have been
incorporated upon the issuance of this permit to uphold the integrity of the site and the
nearby properties. Therefore, the proposed use will not lessen the suitability of any
nearby commercially zoned properties for commercial use. The nearby commercial
uses will not be negatively impacted by the restaurant because several restaurants in
the vicinity serve beer, wine, and distilled spirits.
F. The use shall not adversely affect the welfare of area residents or result in
undue concentration in the neighborhood of establishments dispensing alcoholic
beverages, including beer and wine. Consideration shall be given regarding whether
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
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Control has found that there is an 'overdue concentration" of on -sale beer and wine
licenses for this census tract, the City of Rosemead can, as a policy matter, decide that
clustering these uses is appropriate. All data obtained from the State Department of
Alcoholic Beverage Control and other agencies is only advisory information. The City of
Rosemead Public Safety Center has also found no unusual situations or concerns at the
subject site. Furthermore, conditions of approval outlining acceptable measures to
mitigate any potential problems with the addition of alcohol sales at this property will
minimize the impact of undue concentration. The subject site is not located near any
schools or churches. The nearest school or church is over 1,000 feet away from the
subject restaurant.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use
Permit 12 -09, to allow the issuance of a new On -Sale Beer and Wine (Type 47) ABC
license in conjunction with a bona fide public eating place located at 1866 Montebello
Town Center Drive.
SECTION 4 . This resolution is the result of an action taken by the Planning
Commission on September 17, 2012, by the following vote:
YES: ENG, HERRERA, HUNTER, RUIZ, SACCARO
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
SECTION 5 . The Secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and to the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 17 day of September, 2012.
r
Victor Rbiz,"ClIair
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CERTIFI CA TION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 17 day of
September, 2012, by the following vote:
YES: ENG, HERRERA, HUNTER, RUIZ, SACCARO
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
Michelle Ra7* Secretary
AS TO
Attorney
Burke, V'Billiams & Sorensen,
a
EXHIBIT "B"
CONDITIONAL USE PERMIT 12 -09
(APN: 5271 - 002 -058, 059, AND 060)
CONDITIONS OF APPROVAL
September 17, 2012
1. Conditional Use Permit 12 -09 is approved for a new On -Sale General (Type 47)
ABC license in conjunction with a bona fide public eating establishment, to be
developed in accordance with the plans marked Exhibit "C ", dated August 27,
2012. Any revisions to the approved plans must be resubmitted for review and
approval by the Planning Division.
2. Approval of Conditional Use Permit 12 -09 shall not take effect for any purpose
until the applicant has filed with the City of Rosemead a notarized affidavit stating
that he /she is aware of and accepts all of the conditions of approval as set forth
in the letter of approval and this list of conditions within ten (10) days from the
Planning Commission approval date.
3. Conditional Use Permit 12 -09 is approved for a period of six (6) months. The
applicant shall commence the proposed use or request an extension within 30-
calendar days prior to expiration. The six (6) months initial approval period shall
be effective from the Planning Commission approval date. For the purpose of
this petition, project commencement shall be defined as beginning the permitting
process with the Planning and Building Divisions so long as the project is not
abandoned. If Conditional Use Permit 12 -09 has been unused, abandoned, or
discontinued for a period of six (6) months it shall become null and void.
4. Conditional Use Permit 12 -09 is granted or approved with the City and its
Planning Commission and City Council retaining and reserving the right and
jurisdiction to review and to modify the permit -- including the conditions of
approval - -based on changed circumstances. Changed circumstances include,
but are not limited to, the modification of the use, a change in scope, emphasis,
size, or nature of the use, or the expansion, alteration, reconfiguration, or change
of use. This reservation of right to review is in addition to, and not in lieu of, the
right of the city, its Planning Commission, and City Council to review and revoke
or modify any permit granted or approved under the Rosemead Municipal Code
for any violations of the conditions imposed on Conditional Use Permit 12 -09.
5. The applicant shall defend, indemnify, and hold harmless the City of Rosemead
or its agents, officers, and employees from any claim, action, or proceeding
against the City of Rosemead or its agents, officers, or employees to attack, set
side, void, or annul, an approval of the Planning Commission and /or City Council
concerning the project, which action is brought within the time period provided by
law.
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6. The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved Plans where necessary.
7. The following conditions must be complied with to the satisfaction of the Planning
Department prior to final approval of the associated plans, building permits,
occupancy permits, or any other appropriate request.
8. The on -site public hearing notice posting shall be removed within 30 days from
the end of the 10 -day appeal period of Conditional Use Permit 12 -09.
9. The premises shall be maintained as a full - service restaurant at all times.
Kitchen facilities are required to be open and available for food preparation
during operating hours.
10. Any changes to the conditions of operation listed in this Exhibit "B" must first be
approved by the Planning Commission through a modification application.
11. The sale of alcoholic beverages shall be incidental to the sales of food. No
lounge area may be constructed without prior approval by the City's Planning
Commission.
12. All requirements and appropriate licenses of the State of California and California
State Department of Alcohol Beverage Control shall be complied with and
maintained at all times. No alcohol is to be sold for the purpose of off -site
consumption. Conditional Use Permit 12 -09 is for an On -Sale General (Type 47)
alcohol license in conjunction with a bona fide public eating place only.
13. There shall be no dancing, live music, or other live entertainment permitted at the
subject restaurant without prior approval of an entertainment permit by the
Rosemead Planning Division and subject to Section 5.48 of the Rosemead
Municipal Code.
14. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code.
Window signs shall not cover more than 15% of window and glass door areas.
All banners and temporary signs shall be permitted by the Rosemead Planning
Department prior to installation. Wall signs and tenant identification signs shall
be reviewed and approved by the Rosemead Planning Department prior to
installation.
15. No advertisements or illuminated signs shall be displayed that are visible from
the exterior of the restaurant which advertises alcoholic beverages.
16. No karaoke -type machine or audio - visual entertainment system shall be located
in this restaurant without prior approval of an entertainment license by the
Rosemead Planning Division and subject to Section 5.48 of the Rosemead
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Municipal Code.
17. Interior lighting shall be maintained at an illumination level that is typical and
appropriate for a family restaurant. Any request to reduce the existing
illumination levels for the interior of the restaurant shall be approved by the City
Planning Division.
18. The property shall comply with all appropriate federal, state, and local laws
relative to the approved use including the requirements of the Planning, Building,
Fire, and Health Department regulations.
19. The site shall be maintained in a clean, weed, and litter free state in accordance
with Sections 8.32.010, .020, .030 and .040 of the Rosemead Municipal Code,
which pertains to the storage, accumulation, collection, and disposal of garbage,
rubbish, trash, and debris. All trash containers shall be stored in the appropriate
trash enclosure at all times.
20. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected,
and maintained in a clean, safe, and sanitary condition. Any activity related to
the operation of the restaurant involving the handling or disposing waste
materials shall comply with local, state, and federal laws and policies.
21. All graffiti shall be removed from the site. The site shall be maintained in a
graffiti -free state. Any new graffiti shall be removed within twenty -four (24) hours.
A 24 -hour Graffiti Hotline can be called at (626) 307 -0463 for assistance.
22. A current letter grade issued to the business by the LA County Department of
Health Services shall be properly posted at the restaurant.
23. All landscaped areas adjacent to the restaurant shall be maintained with
adequate landscaping and shall be maintained on a regular basis including the
removal of trash and litter.
24. The applicant shall keep the electrical and mechanical equipment and /or
emergency exits free of any debris, storage, furniture, etc. and maintain a
minimum clearance of five (5) feet.
25. Adequate lighting shall be provided in the vehicle parking area. All exterior
lighting shall be directed away from adjacent properties and shielded on all sides.
26. All roof top appurtenances and equipment shall adequately be screened from
view to the satisfaction of the Planning Division.
27. The applicant shall submit a revised floor plan to the Planning and Building and
Safety Divisions for review and approval.
28. The hours of operation shall be posted in the front window or door. Hours of
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operation shall be limited to the hours of 11:00 a.m. to 11:00 p.m. daily.
29. If warranted on the basis of the City of Rosemead Public Safety or Los Angeles
County Sherifrs Department incident reports, the City shall have the right to
require additional security measures.
30. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
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