PC - 2014-03 - Approving Modification 13-07, A Request to Modify Conditional Use Permit 11-12 for the Expansion of An Existing On-Sale Beer and Wine ABC License for Shaanxi GourmetPC RESOLUTION 14 -03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MODIFICATION 13 -07, A REQUEST TO MODIFY
CONDITIONAL USE PERMIT 11 -12, FOR THE EXPANSION OF AN
EXISTING ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR
SHAANXI GOURMET LOCATED IN UNITS 101 AND 102 INTO UNITS
103 THROUGH 105 WITHIN THE SAME COMMERCIAL BUILDING,
LOCATED AT 8518 VALLEY BOULEVARD, UNITS 101 -105, IN THE C-
3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN:
5371 - 010 -803 AND 805).
WHEREAS, on October 15, 2013, Shaanxi Gourmet filed a Modification
application requesting to modify Conditional Use Permit 11 -12, to expand the existing
On -Sale Beer and Wine (Type 41) ABC license for Shaanxi Gourmet located in Units
101 and 102 into Units 103 through 105 within the same commercial building, located at
8518 Valley Boulevard, Units 101 through 105; and
WHEREAS, 8518 Valley Boulevard, Units 101 through 105 is located in the C -3D
(Medium Commercial with Design Overlay) zoning district; 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; and
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; and
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 January 9, 2014, ninety -three (93) 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 Modification 13 -07; and
1
WHEREAS, on January 21, 2014, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Modification 13 -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 13 -07 is classified as a Class 9 Categorical Exemption pursuant to Section
15309 of CEQA guidelines. 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 for quality, health or safety of a project.
SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Modification 13 -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 expand and enhance
their services which will potentially bring more customers to the shopping center. It is
beneficial to have commercial uses concentrated within commercial shopping centers
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.
4
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. 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 City's Business License Division and subject to
Section 5.48 of the Rosemead Municipal Code. In addition, the restaurant has been
operating since 2011 and 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 has proposed to install a
surveillance system, as well as maintain appropriate lighting level inside and outside the
unit. 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.
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
.c3
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. 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 occur only during restaurant
operating hours, and prohibiting dancing, live entertainment, or karaoke entertainment
without prior approval of an entertainment business from the City's Business License
Division. In addition, the Chief of Police has indicated that in the last two years, there
have been no calls for service at the restaurant.
SECTION 3 . The Planning Commission HEREBY APPROVES Modification 13-
07 to allow the expansion of the existing On -Sale Beer and Wine (Type 41) ABC license
for Shaanxi Gourmet, located in Units 101 and 102 into Units 103 through 105 within the
same commercial building.
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 January 21, 2014, by the following vote:
YES: DINH, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSTAIN: NONE
ABSENT: ENG
SECTION 6 . The Secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 21 day of January, 2014.
Diana Herrera, Chair
2
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 21 day of
January, 2014 by the following vote:
YES: DINH, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSTAIN: NONE
ABSENT: ENG
Michelle Ramirez, Seci etary
APPROVED AS TO FORM:
Gregory M. r y fanning Co is ' orney
Burke, Williams & Sorensen, LLP
EXHIBIT "B"
MODIFICATION 13 -07
ORIGINALLY CUP 11 -12
8518 -8522 VALLEY BOULEVARD
(APNs: 5371- 010 -803 and 805)
CONDITIONS OF APPROVAL
January 21, 2014
1. Modification 13 -07 is approved for the expansion of the existing On -Sale Beer
and Wine (Type 41) ABC license for Shaanxi Gourmet located in Units 101 and
102 into Units 103 through 105 within the same commercial building, to be
developed in accordance with the plans marked Exhibit "C ", dated January 9,
2014, contingent upon County of Los Angeles Fire Department's approval, which
approval is required to be proven via a written document presented to the
Planning Division prior to any exercise of the Modification. Any revisions to the
approved plans must be resubmitted for the review and approval of the Planning
Division.
2. Approval of Conditional Use Permit 13 -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. Conditional Use Permit 13 -07 is approved for a period of six (6) months from the
date of adoption of Planning Commission Resolution 14 -03. The applicant shall
obtain County of Los Angeles Fire Department approval of its revised operations
and shall initiate the proposed use or request an extension from the Planning
Commission 30 days prior to expiration. Otherwise Modification 13 -07 shall
become null and void.
4. Modification 13 -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 Conditional Use Permit 13 -07.
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.
6. The onsite public hearing notice posting shall be removed by the end of the 10-
day appeal period of Modification 13 -07.
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 and shall
remain within the restaurant seating area only. No alcohol sales or consumption
shall take place offsite or within the retail or food to -go areas. 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.
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
City's Business License Division.
14. The hours of operation shall be posted in the front window or door. Hours of
operation shall be limited to 10:00 a.m. to 1:00 a.m., daily. Alcohol shall be
served only from 12:00 p.m. to 12:00 a.m. and shall not be permitted when the
restaurant's kitchen is closed.
15. Signs shall comply with the Rosemead Municipal Code. 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.
16. No advertisements or illuminated signs shall be displayed that are visible from
7
the exterior of the restaurant which advertises alcoholic beverages.
17. No karaoke -type machine or 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.
18. Interior lighting shall be maintained at an illumination level that is typical and
appropriate for a family restaurant.
19. A 24 -hour electronic surveillance system shall be designed and installed to the
satisfaction of the Chief of Police, which 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.
20. A security guard shall be maintained onsite daily from 10:00 a.m. until one hour
after restaurant closing.
21. The applicant shall comply with all Federal, State, and Local laws relative to the
approved use including the requirements of the Planning, Building, Fire, Sheriff,
and Health Departments.
22. 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.
23. 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 Federal, State, and Local laws and policies.
24. 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.
25. A current letter grade issued to the business by the LA County Department of
Health Services shall be properly posted at the restaurant.
26. 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.
27. The applicant shall keep the electrical and mechanical equipment and /or
LI
emergency exits free of any debris, storage, furniture, etc. and maintain a
minimum clearance of five (5) feet.
28. Adequate lighting shall be provided in the vehicle parking area at all times.
Motion - activated lights shall be installed where deemed appropriate by the
Planning Division. All exterior lighting shall be directed away from adjacent
properties and shielded on all sides.
29. All unpermitted signs shall be removed within thirty (30) days from the Planning
Commission hearing date.
30. All exterior holiday lighting shall be removed within thirty (30) days from the
Planning Commission hearing date.
31. If warranted on the basis of the City of Rosemead Public Safety or Los Angeles
County Sherifrs Department incident reports, the City shall have the right to
require additional security measures.
32. All trash facilities shall meet the demand of the additional restaurant square
footage. If not, the applicant or property owner shall be required to provide
improvements to the trash facilities as recommended by the City's trash service
provider.
33. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
N