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PC - Item 3A - Conditional Use Permit 12-10 at 8728 Valley Boulevard, Unit 101ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: DECEMBER 17, 2012 SUBJECT: CONDITIONAL USE PERMIT 12 -10 8728 VALLEY BOULEVARD, UNIT 101 Summary Shi Huang of Hunan Mao Restaurant 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 8728 Valley Boulevard, Unit 101, 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 -10 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines, and therefore, is exempt from further environmental analysis. Staff Recommendation Based on the analysis and findings contained in this report, it is recommended that the Planning Commission ADPOT Resolution No. 12 -22 with findings (Exhibit "A ") and APPROVE Conditional Use Permit 12 -10 subject to the thirty (30) conditions outlined in Exhibit "B" attached hereto. Property History and Description The subject site is located within Minh Square, on the south side of Valley Boulevard between Walnut Grove Avenue and Muscatel Avenue. On July 17, 2006, the Rosemead Planning Commission approved Design Review 06 -137 and Conditional Use Permit 06- 1069 for a two -story 9,500 square foot minimal] development consisting of offices and a restaurant. Business license records indicate that the Hunan Mao Restaurant has been operating at the subject site since October 2, 2012. Planning Commission Meeting December 17, 2012 Page 2 of 24 Front Building Fagade I North Elevation Site & Surrounding Land Uses The project site is designated in the General Plan as Commercial and on the zoning map it is designated C -3D (Medium Commercial with a Design Overlay). The development is surrounded by the following land uses: North: General Plan: Commercial Zoning: C -3D (Medium Commercial with a Design Overlay) Land Use: Commercial South: General Plan: Low Density Residential Zoning: R -1 (Single - Family Residential) Land Use: Residential East: General Plan: Commercial Zoning: C -3D (Medium Commercial with a Design Overlay) Land Use: Commercial West: General Plan: Commercial Zoning: C -31D (Medium Commercial with a Design Overlay) Land Use: Commercial Planning Commission Meeting December 17, 2012 Paae 3 of 24 Restaurant Operations The applicant is currently operating a full service restaurant. The daily hours of operation are 10:30 a.m. to 11:00 p.m., daily. However, the applicant is only requesting to serve alcohol between the hours of 11:30 a.m. to 10:00 p.m., daily. As indicated on the restaurant's menu, which has been attached as Exhibit "E," the restaurant serves a full array of northern region Chinese cuisine. The restaurant currently employs 4 employees on the largest shift. The floor plan (attached as Exhibit "C ") indicates that the restaurant provides seating for eighty (80) patrons. Staff's Site Inspection Staff's site inspection revealed that several matters need to be addressed. For this reason, several conditions of approval have been added to address these items that include: a. Remove all excessive window signage. Window signs shall cover no more than fifteen (15) percent of any window. b. All portable or unpermitted signs shall be removed. c. All exterior decorations (lanterns and lighting) shall be removed. d. The outdoor dining area shall be removed. 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 over - concentration of alcohol permits. ABC defines "over - concentration" as greater than one license per 1,061 residents living within the subject census tract. The population of the census tract (No. 4813) in which the subject property is located is 3,153 residents. The number of allowable on -sale ABC licenses for this census tract is two (2). Currently, there are nine (9) authorized on -sale licenses for this census tract. Although the Department of Alcoholic Beverage Control has found that there is an "over 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 and a reasonable public policy and land -use decision. The Department of Alcoholic Beverage Control has also determined that this location is located in a high crime district. However, the City of Rosemead Public Safety Department found no unusual situations, concerns, or incidences that have occurred on the subject site. For these reasons, the Public Safety Supervisor and the Chief of Police have indicated that they are in support of this request, notwithstanding the ABC's finding. The serving of beer and wine as an ancillary use within a full - service dine -in restaurant will not cause obstructions to pedestrian traffic, vehicular traffic, or parking. Regular inspections by State ABC and the Rosemead Public Safety Department will ensure that the location is monitored and; the serving of alcoholic beverages will not result in Planning Commission Meeting December 17, 2012 Page 4 of 24 interference with children on their way to school, shoppers using streets, or defacement of surrounding properties. The nearest school (Muscatel Middle School) is 844 feet away from the subject restaurant and the nearest church (Rosemead Church of Christ) is 180 feet from the subject restaurant. In addition, the applicant has indicated that the restaurant staff will be trained on proper serving of beer and wine, which includes checking identification to ensure the patron is 21 years of age and posting signs to discourage underage drinking, and driving under the influence. The applicant has also indicated that there are sixteen (16) existing cameras located within the development and eight (8) cameras located inside the restaurant. All cameras operate on twenty -four (24) hour surveillance. 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 proprieties. 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: A. 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. Granting the CUP will advance these objectives by allowing the restaurant to enhance their services which will potentially bring more customers to the center. It is beneficial to have commercial uses concentrated within a commercial corridor and a full - service restaurant with a beer and wine license has the potential to concentrate uses around it. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under this particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood; and 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 Planning Commission Meeting December 17, 2012 Paqe 5 of 24 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 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 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 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: 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 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 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, which includes checking identification to ensure the patron is 21 years of age and posting signs to discourage underage drinking, and driving under the influence. Planning Commission Meeting December 17, 2012 Paae 6 of 24 E. 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 the applicant indicated that there are sixteen (16) existing cameras located within the development and eight (8) cameras located inside the restaurant. All cameras operate on twenty -four (24) hour surveillance. Additionally, conditions of approval have been incorporated upon the issuance of this permit to uphold the integrity of the site and the nearby properties. Therefore, the proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use. The nearby commercial uses will not be negatively impacted by the restaurant because several restaurants in the vicinity serve beer and wine. There are also no sensitive uses in the commercial property in which the restaurant is located that would be negatively affected by the serving of beer and wine at the site. F. The use shall not adversely affect the welfare of area residents or result in undue concentration in the neighborhood of establishments dispensing alcoholic beverages including beer and wine. Consideration shall be given regarding whether the proposed use will detrimentally affect nearby residentially zoned communities, considering distance to residential buildings, churches, schools, hospitals, public playgrounds, and other establishments dispensing alcoholic beverages. 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. PUBLIC NOTICE PROCESS 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. Planning Commission Meeting December 17, 2012 Paae 7 of 24 Prepared by: Kinson Wong Planning Intern Submitted by: Michelle Ramirez Community Development Director EXHIBITS: A. Resolution 12 -22 B. Conditions of Approval C. Site Plan and Floor Plan D. Map of On -Sale Alcohol Licenses E. Restaurant Menu F. Assessor's Parcel Map (5390- 010 -066) Planning Commission Meeting November 7, 2011 Paae 8 of 24 EXHIBIT "A" PC RESOLUTION 12 -22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 12 -10 FOR A NEW ON- SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR HUNAN MAO RESTAURANT, LOCATED AT 8728 VALLEY BOULEVARD, UNIT 101 IN THE C -3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN: 5390 - 010 -066). WHEREAS, on November 14, 2012, Shi Huang 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 8728 Valley Boulevard, Unit 101. WHEREAS, 8728 Valley Boulevard, Unit 101 is located in the C -3D (Medium Commercial with a Design Overlay) zone; and WHEREAS, 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)." 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 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: 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 Planning Commission Meeting December 17, 2012 Page 9 of 24 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 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 December 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 -10, and on December 6, 2012, the notice was published in the Rosemead Reader; and WHEREAS, on December 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 -10; 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 -10 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 -10 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA. Planning Commission Meeting December 17, 2012 Page 10 of 24 SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 12 -10 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. 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. Granting the CUP will advance these objectives by allowing the restaurant to enhance their services which will potentially bring more customers to the center. It is beneficial to have commercial uses concentrated within a commercial corridor and a full - service restaurant with a beer and wine license has the potential to concentrate uses around it. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under 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 the proposed use will not endanger or otherwise constitute a menace to the City or surrounding properties. The sale of beer and wine will be incidental to the sale of food at this restaurant, and alcohol will not be sold for off -site consumption. Maintenance and operational conditions have been added to minimize potential negative impacts to the surrounding neighborhood. These conditions include, but are not limited to, prohibiting beer and wine advertisements in the windows of the subject restaurant, requiring that the serving of alcohol at this location be only during restaurant operating hours and prohibiting dancing, live entertainment, or karaoke entertainment without prior approval of an entertainment Planning Commission Meeting December 17, 2012 Paae 11 of 24 business from the Rosemead Planning Division and subject to Section 5.48 of the Rosemead Municipal Code. In addition, the City of Rosemead Public Safety Department has found no unusual situation or concern at the subject site. D. The proposed use will not present problems including, but not limited to, loitering, obstruction of pedestrian traffic, increased vehicular traffic, increased parking demand crime, interference with children on their way to school, interference with shoppers using streets, defacement and damage to property; and FINDING: The serving of beer and wine as an ancillary use to a full - service dine -in restaurant will not cause obstructions to pedestrian traffic, vehicular traffic, or parking. 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, which includes checking identification to ensure the patron is 21 years of age and posting signs to discourage underage drinking, and driving under the influence. 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 the applicant indicated that there are sixteen (16) existing cameras located within the development and eight (8) cameras located inside the restaurant. All cameras operate on twenty -four (24) hour surveillance. Additionally, conditions of approval have been incorporated upon the issuance of this permit to uphold the integrity of the site and the nearby properties. Therefore, the proposed use will not lessen the suitability of any nearby commercially zoned properties for commercial use. The nearby commercial uses will not be negatively impacted by the restaurant because several restaurants in the vicinity serve beer and wine. There are also no sensitive uses in the commercial property in which the restaurant is located that would be negatively affected by the serving of beer and wine at the site. F. The use shall not adversely affect the welfare of area residents or result in undue concentration in the neighborhood of establishments dispensing alcoholic beverages, including beer and wine. Consideration shall be given regarding whether the proposed use will detrimentally affect nearby residentially zoned communities, considering distance to residential buildings, churches, schools, hospitals, public playgrounds, and other establishments dispensing alcoholic beverages. Planning Commission Meeting December 17, 2012 Pace 12 of 24 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. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 12 -10 to allow the issuance of a new On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating establishment located at 8728 Valley Boulevard, Unit 101. SECTION 4. This resolution is the result of an action taken by the Planning Commission on December 17, 2012, by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 5. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and to the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 17th day of December, 2012. Victor Ruiz, Chair Planning Commission Meeting December 17, 2012 Pace 13 of 24 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 17th day of December, 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 December 17, 2012 Page 14 of 24 EXHIBIT "B" CONDITIONAL USE PERMIT 12 -10 8728 Valley Boulevard, Unit 101 CONDITIONS OF APPROVAL December 17, 2012 1. Conditional Use Permit 12 -10 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 November 14, 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 -10 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 -10 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 Division and Building and Safety Division so long as the project is not abandoned. If Conditional Use Permit 12 -10 has been unused, abandoned, or discontinued for a period of six (6) months, it shall become null and void. 4. Conditional Use Permit 12 -10 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 -10. 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 Planning Commission Meeting December 17, 2012 Pane 15 of 24 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. 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 Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 8. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Conditional Use Permit 12 -10. 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 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 -10 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 through the Rosemead Planning Division. 14. No advertisements or illuminated signs shall be displayed that are visible from the exterior of the restaurant which advertises alcoholic beverages. 15. No karaoke -type machine or audio - visual entertainment system shall be located in this restaurant without prior approval by the Rosemead Planning Division and subject to Section 5.48 of the Rosemead Municipal Code. 16. Interior lighting shall be maintained at an illumination level that is typical and appropriate for a family restaurant. Planning Commission Meeting December 17, 2012 Page 16 of 24 17. The 24 -hour electronic surveillance system shall include surveillance of arrivals, departures, and parking areas from the restaurant. It is the applicant's responsibility to keep electronic (tapes) copies of surveillance for a minimum of thirty (30) days. 18. The property shall comply with all appropriate federal, state, and local laws relative to the approved use including the requirements of the Planning Division, Building and Safety Division, Fire Department, 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. 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. 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. 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. 24. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. All excessive window signage shall be removed within thirty (30) days from the Planning Commission hearing date and shall be maintained at all times. Window signs shall not cover more than 15% of window and glass door areas. Prior to the installation of any temporary banner onsite, a permit shall be obtained from Rosemead Planning Division. Wall signs and tenant identification signs shall be reviewed and approved by the Rosemead Planning Division prior to the installation. Planning Commission Meeting December 17, 2012 Page 17 of 24 25. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 10:30 a.m. to 11:00 p.m., daily. Alcohol shall only be served from 11:30 a.m. to 10:00 p.m. 26. All portable and unpermitted signs shall be removed within thirty (30) days from the Planning Commission hearing date. 27. The outdoor dining area shall be removed within thirty (30) days from the Planning Commission hearing date. 28. All exterior decorations (lanterns and lighting) shall be removed within thirty (30) days from the Planning Commission hearing date. 29. 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. 30. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings. Planning Commission Meeting December 17, 2012 Page 18 of 24 EXHIBIT "D" �nErr. Clanton w 13 Andes i- • -- m Grand 2. y Fslrvlew F Y m y ria s v a � e O o Vv ' 4f, gad v ,ba Damon Carlini $ _ o n w m r N m a , y tsny City of Rosemead Cheslnulll w Asnan n M@y;�n ■ ga „ °6�+a,,,pa fi On -Sale Alcohol License V -- walls �oEdmond pose m Abilene Lawrence Scott! ��• _ Smell °� Newby w -� Hovey i E Benlel o JaW6 Valley o' A'16 m Valley0is ♦ m ♦ A.. ♦ruh' ♦.- i 'P' ♦ steel¢ si `i ♦ Nevada-- Neva�e Guess e% 2 J w Sha�P ° Guesa Ralph � 9 a w. a, V G - s de Adelana Edda Mlle da Adalena m m ar m Norweod w Marshall E ..B 9° amh II g wam Y Qd ♦ a ew Fm m 3� Glenda. _4 a = r 9s Gleadar• a o Lullus 3 �= m tr` m • m �• S ,.. Olney Raoua 10 70y .2 Garay a Bmarna 1Q Southern Pacriv F18d Daumba, Asah XtOn grtsan ^ ¢ a e4 c B44dw1� Hallman Hellman 3 ° w .. Hershey < Telstar u p v m yy� Don "ay m E V>, B. Cw 9 r19/1 § c ySf 8. Garrett a Emerson 3 �.0 m mw �. t \hnlnNe Wtfi n Wnlmone all _ m 6 9 r9 'A m1a Park. _ �pOm - � m E� d K N GOs n _ Garvey,.♦ w ._ G®"eY �'♦ Garvey _ R Garvey _. Jade ♦ Y —_ _Mabel ♦ 4p p 5 c, Jade w Mabel m �Eglay Newmark � 'n'3 w A w w w v _ w p .. ♦ 6 S 3- >4 yr m w z Fem n m E S E Fem Fern Fem_ w m Fxm_ 5 Ei Garvalla S a GarviNa c - a _m- a n° o y� w - ' ° F �Gravesr,6 Graveal Condlence$.oKlingermela..a g m LL Is a u9 '5 a Kelm 4 �a brq ryg _._w LOrea♦ Rush Ro 9 Scn�r 8 & d AW Ha C.H. tt W Yart -- $ e . sb, ab'po B�Reller... 2; a ?' Crain Scenic - Arruyo � I m C\\o01 A D en �ndls N10b ?ln° .r •, P�b� eKr pomona •mu” ° ale\ ,- - Gakmlll bu ABC License Types �� - N ♦ T%Pe 41 �8 asm�a z9 Monlebell� d,* jl • T%pa 4i �3 aIB / 0a N a � Type 51 - A`cose 1c23'- 1 1 D 0.2 0 -4 0.8 Miles Planning Commission Meeting December 17, 2012 Facie 19 of 24 EXHIBIT "E" CHEF RECOMMENDED- " ' 1,AWAt:`q Steamed Fish Head Casserole rr / Special Hot Pepper 11?,4! -0 2 ANWO House Special Frog w/Spicy Sauce 1`1,.98 3 1 Toss -Fried Cucumber r�I'Purple Mint 7.98 4 t House Special Lamb Rib 'r+ /Spicy Sauce 11b94 w 5,? Jkn Steamed Hunan Ham Smoked Duck Wish 1' b. #}I+�k`i Toss-Fried Snail Slice w /Hunan Style S. gB 7.]EYPWIPM 11180' s Braised Pork yr /GarIto 9.95 ---a, Toss -Fried Pig Skin sr /Leek $ Hot Pepper 19.98 ,o9 dNt,, WW U* Toss -Fried Mutton wP'i'lantro rrw 10,TA�fldl Toss-Fired Crab with Stir -Fried Hot SAW& 00 .{ H1. Mq,,AA_tj% Steamed Hunan Style Spicy Fresh Fish 40.98 12.N jjlijh A Stir -Fried Park Grind w1hot Pepper 7.95 I .� 13.a'✓;fl- F�.�f�li�'� C�4�7 - F'�fIP��_�.1�,'!k[I�'l'I ��lF�'hr /#�Ci- k'_i��J � �l�l/ 8,`���1�is4l /� SmdcedHumnHamerT #7sicevf(Bzr�ouEStrir:G Bitter nelon tCUrdleekJl]ineseCelery, jal.ape llriad 1OngSeawtriedebili! Cried TurnipNi ld m ehfwW1 W 13601w) 9. 98 tan[ APPETIZERS 15. tie Tai Pal Chicken Served Cold xr / Special • 16. Q*34 Chicken steamed Served Cold to /Special _i 17.-11'C1.%A- Beef Served Cold w /Special Sauce ".ow 18. ffflM )fk Cold Chicken Feet -,o 19. ;# vl. Cucumber w /Hot Sauce 20.rT Seaweed Served Cbld w /Special Sauce Sauce sauce 10. b'. iT 5. 5. 4. €. Planning Commission Meeting December 17, 2012 Page 20 of 24 1*11VATAN SEAFOOD / FISH 22. Iq ** Toss -Fr 1 ad Crab wlgar I i c G i nger & Hot Pepper IV ig y 23. 0*JR Braised Shrimp 16.98 24. 'AW,dR{:: Kung Pao Shrimp -X 25.'M *R-4 House Special Braised Sea Cucumbers �2d, qIJ�Agr House Special Lobster 27.iH(= Sauteed Special Shrimp 28. ftifk WU Sauteed Fish w /Pickled Chili 29. AM* Sautded Braised Sea Cucumbers —�30.4 70'-1cir#1 Sautded Fish w /To Fu Hot Spicy 31,r*3"kfh9A9A Soup Fish Head w /Hot Pot 32. )l['*7KAAA- Be! lad Fish w /hot Sauce 33: *100- tANVA Steamed Fish Head w /Pickad Green —+ 34. *O�A�;ufd Steamed Fresh Fish w /Chili Pepper 35, Clams w /Black Bean Hot Sauce ' 36. Bo led +Fresh Fish w /Hot Sauce a. T,'q Chili 11.98 20,98 1p�S 11.98 9.98 20, 98 11.98 1998 9.98 1$, 98 10.99 12.98 1$, 98 CHICKEUDUCK DISHES 37, House Special Chicken w /Hot. Sauce — �38.:ki*-r Kung Pao Chioken -� 39,111 *1*-T Szechwan Style chicken —' 4C. *XkNT -* House Special Chicken w /bone 41,1- t%kbff Kidney Sautded w /Hot Sauce ✓42.RA±-ik Cumin Chicken STEAMED DISHES � 41 *A§j Steamed Egg Casserole Topped 44.A1119401 Steamed Pork w /Sun Dried Vegetable 45, 40* Steamed Pork Rib let Topped w /coarse Ground Rice —446 Steamed Bean Curd w /black Bean Sauce / 47. Steamed Tara w /Chi I i 48. 91412MASteamed L11y w /pumpkin HUT & SPICY 9.98 8'.98 7.98 7.98 5.98 Planning Commission Meeting December 17, 2012 Page 21 of 24 kA. III It HOT POD'S -' 49. ,is -- Braised See Cucumbers Hdt Pat •' SC. T'Z*ff. 6 Chicken yr /bone Not Pot 51. i'A1111* Hunan Ham Bean Curd Hot Pot ✓ 52.-}•AE.yg P I g Intest1nos w /ChiIi Pepper 53, T-41110d.4 R@i Id Mushroom Hot Pot 54, T*t- 1 ' Beef Hot Pot •56.;Ilap}y}(, Boiled Iamb w /Hot Sauce 57, )I1*7iA' -+ Be! led Beef w /Hot Sauce 58. )IMP 7r y;f Boiled Fish Yo/Hot Sauce 59. Boll led Beef Fi sh w /Hot Sauce -z 60.#9 Bailed Iamb Beef yo/Rat Sauce 61.7X;ft9t�_ Boiled Shrimp 64• 65. 66. ­069. 74,1 y 71. } 72. ­473. V •' 74. 75; :i, -+ 76. ­1077. �+ 78. -� 79. 80. 81. ­182. , 85. ) 86. ­187 PORK &BEERFROG W4, Beef /Pork w/Hot Pork -to/Hot pepper Kidney Sauteed %%t pepper Kidney Sauteed w /Riot pepper M Kidney Sautdod w../Hat Sauce Pork w /Hat pepper 'x`.'98 11.98 .13, 98 92,96 42.96 12.98 11.96 11.98 9: 98 9.98 11.96 12.98 14sa Pig Intestines w /Chili Pepper Beef w /Hot pepper Sauteed pig liver M Pickled Long Bean w /Chicken Beef w /Hot popper Lamb w/Leek / *14 Cumin Lamb /Beef Ill Bean Curd Sout €ad Park -vo /Hot pepper Shredded Beef w /Jalapeno M.`',, Shredded Beef w %Say Bean Sprout Chicken Gizzard w /Chili Pickled Long, Bean vi/Ground Pork Cauliflower w /pork chive fH Toss -Fired Frog v+ /Hot pepper ItS1 Shredded PorkrBeef w /Chineso Celary85ay Boars curd Szechwan Style Pig Intestines + HOT & SPICY q. 5 7.5 6.r 8.9 8.9 8.9 7.9 it.9 q.9 8.9 6.'9 5.'9 1j.9 11.9 99 8.9 8.9. 8.9 17.9; 8.9 8.9! 10.41 Planning Commission Meeting December 17, 2012 Page 22 of 24 Eu SCUP 117. -&*ISM Clay Pot Lamb Stew w /Herbal 118. z1.* House Special Tofu Soup 119.RAALffiffl Fish Head Clay Pct Scup Special Green 120. t"M 00%4ntry Style Hunan Duck Scup 121. Spareribs Herb Soup 122.1 arc 'r Pork Rib seaweed, SOUP 123. A- -40F.N q Spareribs winter !'Melon Scup 124.*9.fVt i Chicken Soup 175. jftiH±-3kffi Chicken Clam Winter Melon SPUP 126: W'3 OW1 Vegetables w /Tofu Soup 127. 9919) Seaweed Egg Soup 128.47'enIYOTomato Egg Soup 131. *f& Dump ing 132. r,j -JKj Steamed 133. } 134. /5%i SUK/FR{Ed RICE/PASTA Dumpling'? / 135.:QMVj Onion Pie- 136. g)Kfa PuhVkin Cake x+137. 111P&il? Noodle Cold W /Spacial Sauce 138. M Fried Noodle w /vagetables 139, Off-41T Noodle w /seafood Scup 1410.44r -I VM Noodle w /pork rib soup 141,1 * -ft# [ Fried Noodle w: seafood Soup 342. R]/-t) Fried Noodle (Chicken/Beef/Pc 141.E , F Egg Fried Rice (4} 36.98 6.98 19.98 12.98 10.98 8.98 8.78 11, 98 12.98 6.98 6.98 6.98 144.1jgf#jt Hunan Style Pickled Vegetable Fried Rice 145.JR-VWf --jj�f9 Pineapple & Shrimp fried Rice 146 ;kMOffi H ant Fr led R ice 147. 44 MV Fried Rice w /Soy Sauce 148.*JK Steamed Rice each person *Please aware of the spiciness i'or the spicy 1 mad amd Hat Pot We Reserve the right to Refuse Service to 5.98 5,98 2.98 5.98 2.98 3.=E 5.98 5. 98 8.98 6.98 7.98 7.98 5.98 6.98 8.98 7.98 5.99 1,00 Planning Commission Meeting December 17, 2012 Paae 23 of 24 UNCH SPECIAL Mun —Pei Bl�00tm— ,3:106vrnfavpt Swundaps.5umluys . um111utluleysl 5.98 ",% Hat Over Sjiicy XVAV SauWcAl Taiwan tetuce FPJkO°S`A smambled melon Sauteed 0 51 O'Tz Sezambled Eggs w /Tomaw sR4jW'#Fi Napa Cabbagew;rlioppedChiliPepper MM L11f Tuns -FriW Potum 3tdierne X 9901,0ME Svrambled Egg „ lliot Pepper - TAhFgWR Stir -Fried Si[ing Bean wKirnmsd Park 8.98 7W*Jkk Shredded P4's Stomach %0zdapcnv pepper .a 39r.91t Pies Slomnch WfChirMCelery SpicyEggplact &90 *T- Bean cued Julienne WPChive r' t'e Chinese Ccfem -0t lean Card *4110 Wk k Stir - ]rind Pork skin .� 5loWdtd Fmic wiSking lawn -^ = L� @� � � Picklzd Ltsi� 6zm 5e7CrgnrA Park ^.98 f$ # Stenmcd Pork Ribs +entice ." *+)1 01 Smokul Ham wnlc rt Qtrd. ,..'9 F�F)IA14 SmukedHumw- Orietl.Turnips mf Kiff R A Maas Park oylG;ul le & Bamboo ChunL )MR -]'A Sichuan -Slyle Chicken ' W * +10:9 Shredded Reef w /kdaprno pepper -�' JOLL14 Cnnund Pork W1 Ulm Noodles . ICI * -qjk Ma Po'roFU Family Sivfc Bruised "roinu Sumecri 610ea (:aldtage iO V14A1vrctof3wce 9fj;€ Spicy Cabbyb°e. V,*X;M7A SeadMeed Epp Soup OMMU Toitralu En Souls jtfAA*N Vegaiahres wCFOFU Soup ""R*i* Spicy r25d Set1r'1ofu Soup -� *T Hig M Twice Cocked Pork wiSOY Bean Curd Agik# "WRAd. Bilicr Mellon n•Iv.ame6d DNLCk Fgg YOM to ? *WOT R= Curd wA.eek � r]e�. i;�� Su>rtlCtid Sl'eted Pordtnes ejj'rrt* Pork Rib Seaweed Scrap �r`��1€I, Toss- Frie11 Ciieoritl30r wll'tirialc ?runt .»'M Cttickensccamed SenudCuldw+Spedal smut -.0 jgjff Tans °Fricd Chicken wAlot Saure Shreddwi Pork fv? Chinese C'elcry •/'I6iiL°c"� Sfcamed Hunan Style Spicy Fresh f'i'sh 53VOtRAff Yellow Bean w! Slindded Beef r fail FR Shredded Bcvrivi Chinese Celen .F -4-J OP-11A Pork Rib Winter Melon Soup Planning Commission Meeting December 17, 2012 Page 24 of 24 EXHIBIT "F" SUBJECT SITE r- 0 Q -0 7u f.9 F (D � 1 • t z o �' O I D iLl 404► �w C NMNIEC D l Ile NEW COMMERCIAL SIMON LEE & ASSOCIATES li III ti + /r BUILDING ARCHITECTS / \+L� 'J9 W. fie o. NrtE 315 2� (BEBJ 5] BW _ l� 41F0.RpG 91) 9V1])6 fN: (6t6) 5] BL05 zt' a a �ol It ��'. Y?Y A �s. t 5_% sLOP ( -MAXI *- - -. --------- --- ----- %� 'M x . s 1 _ I O I r r s ? AI" 9 X o �.___ ____ Nz._ ... ___ _._._.__._. ....___.__ v _ ----------------- X Y _.o . -._._ -.r - . - - -.. '8I 0 0 o ' - UY ''� STANDARD S}�ANDARC 6 �v M r.- �= ,e <:« z z t IL I N f`i'I Ls o 5 Ng " K o N SMON LEE 8 ASSOA NEW COMMERCIAL I. BUILDING ARCHITECTS x r7 W. vau OM. Iw Le .gw. surf vs SW L RIEl )J6 EL FW, I62 )