CC - Item 4A - Six-Month Review of Conditional Use Permit 11-14 at 8772 Valley BoulevardROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JULY 9, 2013
SUBJECT: SIX -MONTH REVIEW OF CONDITIONAL USE PERMIT 11 -14
8772 VALLEY BOULEVARD
SUMMARY
On January 8, 2013, the City Council approved a new On -Sale Beer and Wine (Type 41)
ABC license at the Hunan Seafood Restaurant, located at 8772 Valley Boulevard. During
this meeting, the City Council requested a six -month review of the Conditional Use Permit.
The purpose of this report is to provide the City Council with an update regarding the
applicant's compliance with the conditions of approval (attached as Attachment "A ") for
Conditional Use Permit 11 -14.
On June 12, 2013, the Public Safety Department conducted a site inspection (photos
included in Attachment "D "), which revealed that the Hunan Seafood Restaurant is in
violation of their Conditional Use Permit.
Staff Recommendation
It is recommended that the City Council provide further direction on this item.
ANALYSIS
On June 19, 2013, the Public Safety Department began the Notice of Code Violations
process and a warning notice was issued to the business owner (attached as Attachment
"C "). The following conditions of approval are in violation:
Violation of Condition of Approval Numbers 1 and 26
o Condition of Approval Number 1 states: Conditional Use Permit 11 -14 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 December 17, 2012. Any revisions to the approved plans
must be resubmitted for review and approval by the Planning Division.
o Condition of Approval Number 26 states: The hallways located east and west of the
restrooms shall be completely open and all door jams shall be removed.
ITEM NUMBER: P
City Council Report
July 9, 2013
Pace 2 of 10
The Public Safety Department's inspection revealed that the west hallway was
blocked by storage and a makeshift partition wall was installed to hold the DJ
equipment. Drapes were also installed on both ends of the east and west
hallways. The inspection also revealed that the floor plan of the restaurant is
not consistent with the floor plan that was approved by the Planning Division
on March 4, 2013 (attached as Attachment `B"). The applicant removed the
tables and chairs as required by condition of approval number 31 and five (5)
of the booths within the rear dining area did not have tables. In addition, an
empty hard liquor bottle of "Chivas" was displayed on a dining table. The
applicant was only approved for a beer and wine license, not for distilled
spirits. Please see photos 1, 2, 3, 4, 5, 6, 7, and 8 for reference.
Violation of Condition of Approval Numbers 13, 15, 30, and 31
o Condition of Approval Number 14 states: 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.
o Condition of Approval Number 16 states: 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.
o Condition of Approval Number 30 states: The existing .dance floor shall be covered
with carpet and incorporated with dining tables.
o Condition of Approval Number 31 states: All DJ and dance floor related
entertainment systems shall be removed.
The Public Safety Department's inspection revealed that the carpet installed
to cover the dance floor was removed. The tables and chairs were also
removed from the area, as required by condition of approval number 31. In
addition, live karaoke was being conducted and a white piano was displayed
on the dance floor. An entertainment license has not been approved at this
location. Please see photos 9, 10, 11, and 12.
Violation of Condition of Approval Number 17
o Condition of Approval Number 17 states: 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.
City Council Report
July 9, 2013
Paae 3 of 10
The Public Safety Department's inspection revealed that the cameras were
inactive. The applicant informed the Public Safety Department that the video
can only be seen from his home. He also stated that if the City wants him to
activate the cameras, he would call the service company. Please see photos
13, 14, and 15.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
—
LILY TRINH
ASSOCIATE PLANNER
ATTACHMENTS:
Prepared by:
U l
MICHELLE RAMIREZ
COMMUNITY DEVELOPMENT DIRECTOR
Attachment A:
Conditions of Approval
Attachment B:
Approved Floor Plan
Attachment C:
Warning Notice
Attachment D:
Public Safety Department Inspection Photos
City Council Report
July 9, 2013
Page 4 of 10
ATTACHMENT "A"
CONDITIONAL USE PERMIT 11 -14
8772 Valley Boulevard
CONDITIONS OF APPROVAL
January 8, 2013
1. Conditional Use Permit 11 -14 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 December 17,
2012. Any revisions to the approved plans must be resubmitted for review and
approval by the Planning Division.
2. Approval of Conditional Use Permit 11 -14 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 City Council
approval date.
3. Conditional Use Permit 11 -14 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 City Council 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 11 -14 has been unused, abandoned, or
discontinued for a period of six (6) months, it shall become null and void.
4. Conditional Use Permit 11 -14 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 11 -14.
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.
City Council Report
July 9, 2013
Page 5 of 10
6. The City Council 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 10 days from the
City Council approval date.
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 City Council 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 Council.
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 11 -14 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. It is the applicant's responsibility
to keep electronic (tapes) copies of surveillance for a minimum of thirty (30) days.
City Council Report
July 9, 2013
Page 6 of 10
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.
25. The hours of operation shall be posted in the front window or door. Hours of
operation shall be limited to 8:00 a.m. to 12:00 a.m. (midnight), daily (Modified by
the City Council on January 8, 2013).
26. The hallways located east and west of the restrooms shall be completely open and
all door jams shall be removed.
27. The service counter located in the rear dining area shall be concealed to ensure
that only restaurant staff will be utilizing the service counter.
City Council Report
July 9, 2013
Pape 7 of 10
28. The two -way mirror along the hallway shall be completely removed.
29. The dining booths in the rear dining area shall be modified by creating a 20" X 24"
opening(s) in each booth.
30. The existing dance floor shall be covered with carpet and incorporated with dining
tables.
31. All DJ and dance floor related entertainment systems shall be removed.
32. All lighting throughout the restaurant shall be consistent.
33. 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.
34. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
35. The City Council will conduct a review of Conditional Use Permit 11 -14 within six (6)
months of the approval date (Added by the City Council on January 8, 2013).
City Council Report
July 9, 2013
Page 8 of 10
ATTACHMENT "B"
City Council Report
July 9, 2013
Page 9 of 10
ATTACHMENT "C"
PUBLIC SAFETY DEPARTMENT ❑ POSTED
CODE ENFORCEMENT DIVISION -4 ISSUED
Rasemead ❑ SRV. RQST.
City of
❑ CRM #
WARAMGIYOTI E OF CODE VIOLATION (S)
Date: / Time: 1 <CO ❑ a.m. op.m. Case #:
Subject Property: 0719
/ ti / //gp�yy
Occupant: / �tN IWAA4 7A7 _/ CDL/ID #: 8M R
A
FIRST WDDLE I.AS7
Contact Telephone #: (_) t wner ❑ Tenant ❑ Manager 11 Contractor
(7 Other
SECTION: VIOLATION DESCRIPTION
❑ 8.44.030.A.3.4 Unsightly or poorly maintained Property or Landscape detracting from the neighborhood.
• 8.44.030.A.5.6 Improper Storage of inoperative vehicles, vehicle parts, car canopies, tents or junk items.
• 8.32.030. (A) Placing any garbage, refuse, trash, offal, rubbish or trash cans - containers in public view.
❑ 15.04.010 (A) Adopted LACO Bm�ding Code 26 -Sec. 106.1 - Inspection permit or Permits required
U
-API
4�,FxffArA! hrl= - f/T. v" . T' �7--
This is NOT a citation. This is NOT a summons in annear to court This is a COURTESY NOTICE OF
VIOLATION and serves as a WRITTEN WARNING. Failure to comply may result in an administrative
cita tion.
All violations xball be corrected by
❑ - "STOP WOR"RDER" until permits are obtained at City Hall: 8838 E. Valley Blvd.
Bring this warning notice & show this to Building and Safety Department.
CITY HALL is open Monday - Thursday from 7 AM to 6 PM and Closed on Fridays & Holidays.
❑ - REMODEL / REPAIR WORK WAS DONE BEFORE CITY PERMITS WERE O D,
DOUBLE FEES ARE REQUIRED FOR PERMITS.
If you have any questions, ' coa ct the de Enforcement Officer belo at (626) 569 -21 g J J
Signature of Occupant ; ` t C 7 Date:
Issuing Officer: ID #: —
City Council Report
July 9, 2013
Pace 10 of 10
Dear, Mr. Tan 06119/2013
Subject: 8772 Valley Blvd, Rosemead CA 91770
Please correct the below violation
1. Please unblock the west hallway was blocked by storage and a makeshift
partition wall to hold the DJ equipment.
2. Please remove drapes hanging on both ends of the west hallway.
3. Please remove drapes hanging on the east hallway.
4. The table in the front dinner area near the west hallway is too close to the
hallway, might be fire hazard to customer and employees to exit or enter
hallway.
5. Please remove all storage in the rear emergency exit, need some lights
on.
6. Please have tables in every booth at all times
7. Please remove table south of the service counter in the rear dinning area,
on floor plan show empty space, please remove dinner table.
8. On the floor plan map, the dance area supposes to be used for dinner
area (4 tables) please cover wood floor and put four tables on top with
chairs.
9. Live karaoke was being held at the time of inspection. Please remove all
live music and DJ equipment, no more live singing on platform until
license has been obtained "No business license for entertainment"
10. Please remove Piano from site.
11. Please remember that your business Is a type 41 ABC establishment, may
not have liquor served for customers.
12. On the DJ platform the TV's were not mounted onto partition wall, they
were mounted on the south exterior wall of the men's restroom. The DJ
platform was in use.
13. Please stall working camera on site as shown on floor plan map.
This attachment is part of the warning notice Issued by Code Enforcement Officor
Wayne Cc
ATTACHMENT "D"
Photo 1
Photo 3
Photo 2
17M I A.
Photo 5
W-12-mil ICE
Photo 7
Photo 6
Photo 8
Photo 9
its
Photo 11
Photo 10
Photo 12
Photo 13
Photo 14
i
Photo 15