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PC - 2013-01 - Approving Modification 12-07, A request to Modify Conditional Use Permit 06-1071, for Expansion of an All In Crab Cajun RestaurantPC RESOLUTION 13 -01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 12 -07, A REQUEST TO MODIFY CONDITIONAL USE PERMIT 06 -1071, FOR THE EXPANSION OF AN EXISTING ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR ALL -IN CRAB CAJUN RESTAURANT LOCATED IN UNITS C AND D INTO UNITS A AND B WITHIN THE SAME COMMERCIAL BUILDING, LOCATED AT 8966 GARVEY AVENUE, IN THE C -3 MUDO O -D (MEDIUM COMMERCIAL WITH A MIXED USE AND DESIGN OVERLAY) ZONE (APN: 5282 - 010 -030). WHEREAS, on November 20, 2012, Debbie Huynh filed a Modification application requesting to Modification application requesting to modify Conditional Use Permit 06 -1071, to expand the existing On -Sale Beer and Wine (Type 41) ABC license for All -in Crab Cajun Restaurant located in Units C and D into Units A and B within the same commercial building. WHEREAS, 8966 Garvey Avenue, Units A to D is located in the C -3 MUDO O -D (Medium Commercial with a Mixed Use and a Design Overlay) zone; and WHEREAS, Section 17.112.030(9) of the Rosemead Municipal Code allows "on- sale alcohol licenses in the C -1, C -3, CBD, and M zones upon the granting of a Conditional Use Permit." 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 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 Rosemead Municipal Code 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 January 24, 2013, thirty -three (33) property owners, publication in the Rosemead Reader, and postings of the notice at the six (6) public locations and on the subject site; and WHEREAS, on February 4, 2013, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 12 -07; 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 Modification 12 -07 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, Modification 12 -07 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 Modification 12 -07 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 Conditional Use Permit 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 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. 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 a total of thirteen (13) 24 -hour surveillance cameras within the restaurant and shopping center. 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. 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 "undue 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 Department 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 Modification 12- 07 to allow the expansion of the existing On -Sale Beer and Wine (Type 41) ABC license for All -in Crab Cajun Restaurant located in Units C and D into Units A and B within the same commercial building. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on February 4, 2013, by the following vote: YES: ENG, HERRERA, HUNTER, AND RUIZ NO: NONE ABSENT: SACCARO 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 4th day of February, 2013. O 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 4th day of February, 2013, by the following vote: YES: NO: ABSENT: ABSTAIN: ENG, HERRERA, HUNTER, AND RUIZ NONE SACCARO NONE Michelle Ram ez Secretary U Murphy, Plug Commission Attorney ims & Sorensen, LLP EXHIBIT "B" MODIFICATION 12 -07 8966 Garvey Avenue, Units A to D CONDITIONS OF APPROVAL February 4, 2013 1. Modification 12 -07 is approved for the expansion of the existing On -Sale Beer and Wine (Type 41) ABC license for All -in Crab Cajun Restaurant located in Units C and D into Units A and B within the same commercial building, to be developed in accordance with the plans marked Exhibit "C ", dated January 3, 2013. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Modification 12 -07 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. The onsite public hearing notice posting shall be removed by the end of the 10- day appeal period of Modification 12 -07. 4. Modification 12 -07 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 Modification 12 -07 has been unused, abandoned, or discontinued for a period of six (6) months, it shall become null and void. 5. Modification 12 -07 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 Modification 12 -07. 6. 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 aside, 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. 7. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 8. 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. 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 and subject to Section 5.48 of the Rosemead Municipal Code. 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. 17. The 24 -hour electronic surveillance system shall include surveillance of arrivals, departures, and parking areas from the restaurant and shall be available for inspection by the City of Rosemead Public Safety Department or the Los Angeles County Sheriff's Department. 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. 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 in compliance with the LA County Department of Health Services requirements (Modified by the Planning Commission on February 4, 2013). 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. 25. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 9:00 a.m. to 12:00 a.m., daily. Alcohol shall only be served from 3:00 p.m. to 12:00 a.m., daily and on Saturday and Sunday from 12:00 p.m. to 12:00 a.m. (Modified by the Planning Commission on February 4, 2013). 26. All unpermitted signs shall be removed within thirty (30) days from the Planning Commission hearing date. 27. All exterior holiday lighting shall be removed within thirty (30) days from the Planning Commission hearing date. 28. If warranted on the basis of the City of Rosemead Public Safety or Los Angeles County Sheriffs Department incident reports, the City shall have the right to require additional security measures. 29. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.