PC - Item 3A - Conditional Use Permit 13-03 at 3612 Rosemead BoulevardROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: JULY 1, 2013
SUBJECT: CONDITIONAL USE PERMIT 13 -03
3612 ROSEMEAD BOULEVARD
Summary
Sagar Patel of Wingstop 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 3612 Rosemead Boulevard, in the C-
3D (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 13 -03 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, it is recommended that the
Planning Commission ADOPT Resolution No. 13 -07 with findings (Exhibit "A ") and
APPROVE Conditional Use Permit 13 -03, subject to the twenty -eight (28) conditions
outlined in Exhibit "B" attached hereto.
Property History and Description
The subject site is located within the Rosemead Place Shopping Center at 3612
Rosemead Boulevard, on the southeast corner of Rosemead Boulevard and Marshall
Street. According to the Los Angeles County Assessor's records, the site consists of
several parcels totaling approximately twenty -six (26) acres.
According to the Building and Safety Division records, the property is currently
developed with nine (9) commercial buildings comprised of single to multiple tenants
that include restaurants, offices, retail stores, a bank, a UPS store, and a health club.
According to Planning Division records, several entitlements for design reviews, zone
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July 1, 2013
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variances, zone changes, and conditional use permits have been processed since
1965.
East 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 -31D (Medium Commercial with a Design Overlay) zone. The site
is surrounded by the following land uses:
North:
General Plan:
Low Density Residential and High Density Residential
Zoning:
R -1 (Single - Family Residential) and R -3 (Medium Multiple Residential)
Land Use:
Residential
South:
General Plan: San Bernardino (1 -10 Freeway)
Zoning: San Bernardino (1 -10 Freeway)
Land Use: San Bernardino (1 -10 Freeway)
East:
General Plan: Low Density Residential
Zoning: R -1 (Single - Family Residential)
Land Use: Landscaping and Residential
West:
General Plan:
Commercial
Zoning:
C -3 (Medium Commercial) and P -D (Planned Development)
Land Use:
Commercial
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July 1, 2013
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Restaurant Operations
The applicant will be operating a full service restaurant. The daily hours of operation are
from 10:30 a.m. to 12:00 a.m. daily. As indicated on the restaurant's menu, which has
been attached as Exhibit "D ", the restaurant serves a full array of chicken wings,
chicken strips, and sides. The floor plan (attached as Exhibit "C ") submitted by the
applicant indicates that the restaurant provides seating for twenty -four (24) patrons.
Tenant Improvement
The applicant is in the process of completing the restaurant tenant improvements. The
owner has indicated that they are hoping to complete construction by the beginning of
July, and opening sometime thereafter in July. According to the plans, the Wingstop
Restaurant will total 1,200 square feet. The floor plan consists of a waiting area,
restaurant dining areas, a kitchen, storage and preparation areas, coolers and freezers,
and restrooms.
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 undue concentration of alcohol licenses. ABC defines "undue
concentration" as greater than one license per 1,061 residents living within the subject
census tract. The population of the census tract (No. 4329.01) in which the subject
property is located is 4,464. The number of allowable on -sale ABC licenses for this
census tract is four (4). Currently, there are seven (7) authorized on -sale licenses for
this census tract: Lublae, Sea Harbour Seafood Restaurant, Mayumba Cuban
Restaurant, Short Stop Seafood Bar, Rose City Pizza, TGI Fridays, and Chipotle
Mexican Grill. Although the 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.
The State Department of Alcoholic Beverage Control has also determined that this
location is not located in a high crime district. The Rosemead Public Safety
Department found no unusual situations, concerns or incidences has occurred on the
subject site. For these reasons, they 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 to a full - service dine -in restaurant will
not cause obstructions to pedestrian traffic, vehicular traffic, or parking. Regular
inspections by the Planning Division, 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 at least 2,000 feet away
from the subject restaurant.
Staff considers this use to be consistent with the surrounding commercial properties
and existing land uses in the general area, with no foreseeable negative impacts to the
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adjacent neighborhood or adjoining properties. To ensure that the operation of the
proposed use will not be detrimental or injurious to the general welfare of the city, the
property owner has indicated that a security guard will be provided for the shopping
center on Monday through Friday, between the hours of 6:30 a.m. to 10:30 p.m., and
on Saturday through Sunday, between the hours of 10:00 a.m. to 10:00 p.m. In
addition, there are sixty (60) state of the art 24 -hour surveillance cameras throughout
the entire shopping center. Also, the applicant has indicated that the restaurant staff
will be extensively trained on alcohol sale procedures.
Wingstop has submitted a copy of their responsible service of alcohol policy. A copy of
this policy has been attached in this staff .report as Exhibit "E ". The purpose of the
program is to help Wingstop team members serve their guests in a responsible manner
and to provide information concerning ways to handle specific situations that they may
encounter.
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 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.
• 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 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, Wingstop
has submitted a copy of their responsible service of alcohol policy. The purpose
of the program is to help Wingstop team members serve their . guests in a
responsible .manner and to provide information concerning ways to handle
specific situations that they may encounter.
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• 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 a City entertainment business license. In addition, the
City of Rosemead Public Safety Center and Chief of Police have 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 at least 2,000 feet away from the subject restaurant.
Regular inspections by the State ABC, the Rosemead Public Safety Department,
and the Los Angeles County Sheriffs 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. In addition, Wingstop has submitted a copy of their
responsible service of alcohol policy. The purpose of the program is to help
Wingstop team members serve their guests in a responsible manner and to
provide information concerning ways to handle specific situations that they may
encounter.
• The proposed use will not lessen the suitability of any nearby commercially
zoned properties for commercial use; and
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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 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 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
Department of Alcoholic Beverage Control and other agencies is only advisory
information. The Rosemead Public Safety Department 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 five (5) property owners, publication in
the Rosemead Reader, and postings of the notice at the five (5) public locations and on
the subject site.
Prepared by:
Cory Han
Planning Intern
Submitted by:
Michelle Ramirez
Community Development Director
EXHIBITS: A. PC Resolution 13 -07
B. Conditions of Approval
C. Site Plan and Floor Plan
D. Restaurant Menu
E. Responsible Service of Alcohol Policy
F. On -Sale Alcohol License Map
G. Assessor's Parcel Map (8594- 023 -034)
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EXHIBIT "A"
PC RESOLUTION 13 -07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 13 -03, FOR A NEW ON-
SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR WINGSTOP,
LOCATED AT 3612 ROSEMEAD BOULEVARD, IN THE C -3D (MEDIUM
COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN: 8594 -023-
034).
WHEREAS, on May 7, 2013, Sagar Patel of Wingstop 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 3612
Rosemead Boulevard; and
WHEREAS, 3612 Rosemead Boulevard is located in the C -3D (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 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
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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 June 18, 2013, five (5) notices were sent to property owners
within a 300 -foot radius from the subject property, in addition to notices posted in five
(5) 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 13 -03, and on
June 20, 2013, the notice was published in the Rosemead Reader; and
WHEREAS, on July 1, 2013, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 13 -03; 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 13 -03 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 13 -03 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 13 -03 according to the
Criteria of Chapter 17.112.010 and 17.112.100 of the Rosemead Municipal Code as
follows:
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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.
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 Public Safety, State ABC, and the Sheriffs 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, Wingstop has submitted a copy of their responsible service of alcohol policy.
The purpose of the program is to help Wingstop team members serve their guests in a
responsible manner and to provide information concerning ways to handle specific
situations that they may encounter.
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 City Council. In addition, the City of Rosemead Public
Safety Center and Chief of Police have 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, 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
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July 1, 2013
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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 Planning Division, 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. In addition, Wingstop has submitted a copy of
their responsible service of alcohol policy. The purpose of the program is to help
Wingstop team members serve their guests in a responsible manner and to provide
information concerning ways to handle specific situations that they may encounter.
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 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 Department of Alcoholic Beverage Control
and other agencies is only advisory information. The City of Rosemead Public Safety
Center and Chief of Police have 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 13 -03, to allow the issuance of a new On -Sale Beer and Wine (Type 41) ABC
license in conjunction with a bona fide public eating place located at 3612 Rosemead
Boulevard.
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SECTION 4 . This action shall become final and effective ten (10) days after this
decision by the Planning Commission, unless within such time a written appeal is filed
with the City Clerk for consideration by the Rosemead City Council as provided in
Article IX - Planning and Zoning of the Rosemead Municipal Code.
SECTION 5 . This resolution is the result of an action taken by the Planning
Commission on July 1, 2013, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
SECTION 6 . 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 1 st day of July, 2013.
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 1s day of July,
2013, 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
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July 1, 2013
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I4111IT- 7i]' -�I
CONDITIONAL USE PERMIT 13 -03
3612 Rosemead Boulevard
CONDITIONS OF APPROVAL
July 1, 2013
1. Conditional Use Permit 13 -03 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 May 7, 2013. Any revisions to the approved plans must be resubmitted for
review and approval by the Planning Division.
2. Approval of Conditional Use Permit 13 -03 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 13 -03 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 13 -03 has been unused, abandoned, or
discontinued for a period of six (6) months it shall become null and void.
4. Conditional Use Permit 13 -03 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 13 -03.
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 onsite public hearing notice posting shall be removed by the end of the 10-
day appeal period of Conditional Use Permit 13 -03.
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 approval 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 13 -03 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 business license by
the Rosemead Planning Division and subject to Section 5.48 of the Rosemead
Municipal Code.
14. The hours of operation shall be posted in the front window or door. Hours of
operation shall be limited to the hours of 10:30 a.m. to 12:00 a.m. daily.
15. 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 Division prior to installation.
16. No advertisements or illuminated signs shall be displayed that are visible from
the exterior of the restaurant which advertises alcoholic beverages.
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
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Division.
restaurant shall be
Planning
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) 569 -2345 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. 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.
28. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
Planning Commission Meeting
July 1, 2013
Page 15 of 20
EXHIBIT "D"
WINGSTOP
3612 Rosemead Blvd
Rosemead CA 91770
United States
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Planning Commission Meeting
July 1, 2013
Page 16 of 20
EXHIBIT "E"
WINGSTO P
01V115
Basics
At WingStop we are not just know for our wings and our ten delicious flavors but also for
our great variety of national and import beers (in bottle and draft), since only those
customers over 21 may purchase and consume alcoholic beverages. This section contains
rules according to WingStop way that you must follow when serving and selling alcohol
in your restaurant.
Managers on duty are responsible of following all liquor laws. That means they are
responsible for training everyone in the restaurant who sells alcohol. Everyone must
follow all WingStop rules and all federal, state and local laws regarding alcohol sales.
Who Can Handle alcohol?
Scrving and Selling Alcohol
• According to section 25663(a) of the California Department of Alcoholic
Beverage Control In a bona fide public eating -place, person's age 18 or older may
serve alcohol in an area primarily designed and used for the sale and service of
food for consumption on the premises as an incidental part of their overall duties.
Bartenders and cocktail waitresses must be 21.
oiftp://www.abc.ca.gov/FORMS/ABC533.pdf)
• Only those crewmembers that have completed in -store alcohol training and Cash
Station training. May serve alcohol.
o ID must be swipe at the register in order to sell alcoholic beverages to a
customer.
Who Can Buy Alcohol?
• Customers who do not appear to be intoxicated can bay alcohol.
• Customers who can prove they are over 21 can buy alcohol.
• Ask for identification from anyone who looks under 40 yeas old.
• Acceptable forms of identification:
• State driver's license with photo.
• State 1D card with photo.
• Valid passport with photo.
• Military ID with photo.
Planning Commission Meeting
July 1, 2013
Page 17 of 20
Ilow Do You Check an Ill?
1. Look at the birth date printed on the ID to make sure the customer is at least 21
years old. In some states, the word "Adult" or "Under 21" will be printed
somewhere on the ID.
2. Check the photo to make sure it is the customer
a. Note: If you suspect that the ID is false, ask for a second form of
identification.
How Do You Serve Alcohol?
• Pop the top on all beers —even if they're screw tops.
o Serve beers with clear plastic glasses if a customer wants a glass for
his/her beer.
• Serve draft beer with clear plastic glasses and pitchers.
o One cup -one ID
• Alcohol sales are "dine -W' only.
• Alcohol can never be sold "to -go."
Consequences for Violaling Lignor Laws
W ingSloli
• Any employee (management or crew) who violates a liquor law maybe
terminated
• Any cost associated with liquor law violations will hit your stores profit.
• It is always a violation of WingStop policy to violate any liquor laws.
Criminal (Police and La�vycrs, cle.)
• If you break the law — you're on your own.
• Any criminal penalties.
• WingStop will not pay any employee's fines or other costs associated with a
liquor violation.
What happens When There's A Violation?
• Call your Area Manager immediately.
• Your Area Manager will call the authorities to report the violations.
• Our legal people will immediately begin to research options for remedy of the
violation.
• Delay in reporting a violation may mean increased penalties and risk of losing
your liquor license.
Ti"Anin4 Crewnicmbers
• Crewmember training in Cash Stations will learn how to work in registers and
learn the fundamentals of selling and serving alcohol.
• Make sure anyone who works the Cash Station understands the cash and liquor
policies.
Mcohnl hdwn ica(ian F,valoation Chary
Planning Commission Meeting
July 1, 2013
Paae 18 of 20
This chart is not intended to be all - inclusive but is only a guideline. Although the various
signs are fisted in the order, which they often appear, they may manifest themselves in
some other order. Also, some may be more apparent than others and some may not be
present at all. It is also possible that a number of these signs could be present for reasons
other than intoxication. If you use the chart objectively, remembering to look at the
combination of factors coupled with your personal experience, you should find it to be a
helpful aid in making a decision regarding a person's level of sobriety.
Eye/Vision
Bloodshot
Watery
Loss of eye contact
Crying
Inability to focus
Double vision
* Nystagmus evaluation
* Slowed pupil reaction
Mouth/Speech
Odor of alcoholic beverage
Drinking too fast
Loud/boisterous
Altered speech pattern
Inability to pronounce
words
Slurring of words
Lighting more than one
cigarette
Vomiting
* Decreased respiration
* Breath test
Appearance/Coordinatio
R
Flushed fare
Mussed hair
Mussed hair
Clothing in disarray
Soiled clothing
String body odor
Decreases dexterity
Fumbling
Difficulty picking -up
change
General clumsiness
Spilling drinks
Uneven gait
Poor balance
Staggering
Tripping
* Hand -eye evaluation
* One leg stand evaluation
* Walk and turn evaluation
* Rhomberg evaluation
* Decreased pulse rate
* Blood test
* Urine test
Behavior
Ordering more than one
drink at a time
Ordering "doubles"
Playing drinking games
"chugging"
Change in emotions
Poorjudgment
Annoying behavior
Overly friendly to
strangers
Acting flirtatious
Animated entertaining
Playing music abnormally
loud
Lack of concentration
Difficulty in understanding
questions
Difficulty in understanding
instructions
Difficulty in adding
amount on check
Letting a cigarette bum
without smoking it
Careless handling of
money
Abnormal tipping
Obnoxious behavior
Arguing about prices
Complaining about
strength of drink
Sullen/brooding
Becoming detached from
surroundings
Drowsiness
Unconsciousness
Death'
1 Items designated with an
asterisk ( -) are evaluation
procedures that are to be used
only by law enforcement or
medical personnel and require
special training.
Planning Commission Meeting
July 1, 2013
Page 19 of 20
EXHIBIT "F"
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Planning Commission Meeting - -
July 1, 2013
Page 20 of 20
EXHIBIT "G"
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