PC - 2014-20 - Approving Modification 14-02 and 14-03, A Request to Modify Design Revew 01-93 and Conditional Use Permit 01-840, to Add 1,372 PC RESOLUTION 14-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MODIFICATION 14-02 AND 14-03, A REQUEST TO
MODIFY DESIGN REVIEW 01-93 AND CONDITIONAL USE PERMIT 01-
840, TO ADD 1,372 SQUARE FEET TO AN EXISTING 5,650 SQUARE
FOOT RESTAURANT. IN ADDITION, THE APPLICANT IS
REQUESTING TO EXPAND THE EXISTING ON-SALE BEER AND
WINE (TYPE 41) ABC LICENSE INTO THE ADDED AREA. THE
SUBJECT SITE IS LOCATED IN THE CBD-D (CENTRAL BUSINESS
DISTRICT WITH A DESIGN OVERLAY) ZONE (APN: 5390-012-067).
WHEREAS, on June 30, 2014, Hui Dong He filed Modification applications
requesting to modify to modify Design Review 01-93 and Conditional Use Permit 01-
840, to add 1,372 square feet to an existing 5,650 square foot restaurant. In addition,
the applicant is requesting to expand the existing on-sale beer and wine (Type 41) ABC
License into the added area.
WHEREAS, 3939 Rosemead Boulevard is located in the CBD-D (Central
Business District with a Design Overlay) zone; and
WHEREAS, Section 17.28.020(C) provides the criteria by which the Planning
Commission may approve, approve with conditions, or disapprove an application; and
WHEREAS, Section 17.30.040(E) of the Rosemead Municipal Code allows on-
sale alcohol licenses in upon the granting of a Conditional Use Permit by the Planning
Commission. Section 17.132.040 sets criteria required for granting such a permit; and
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Sections 17.28.020(C) and 17.132.040 of the Rosemead Municipal Code authorize the
Planning Commission to approve, conditionally approve, or disapprove design review or
conditional use permit applications; and
WHEREAS, on December 24, 2014, twenty-eight (28) 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 January 5, 2015, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Modification 14-02 and 14-03; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination:
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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 14-02 is Categorically Exempt under Class 1 of Section 15301 of the
California Environmental Quality Act (CEQA) and local environmental guidelines.
Projects consisting of operation, repair, maintenance, permitting, licensing, leasing or
minor alteration of existing public or private structures involving negligible or no
expansion of an existing use beyond that existing at the time of the Lead Agency's
determination. Modification 14-03 is Categorically Exempt under Class 9 of 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.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Modification 14-02 according to the criteria of
Section 17.28.020(C) of the Rosemead Municipal Code as follows:
A. The plans indicate proper consideration for the relationship between the
proposed structure and site developments that exist or have been approved for the
general neighborhood;
FINDING: The proposed development is located within an established
commercial district of the City. The addition will match the existing building in style,
color, and materials. The applicant has indicated that they will repaint the exterior of the
building as part of this proposal. In addition, staff has added a condition of approval
requiring that all existing awnings be power-washed. The proposed project is consistent
with the Goal 2, Policy 2.7 of the Land Use Element of the City's General Plan in that it
calls for establishing and applying architectural design review to additions to commercial
development.
B. The plan for the proposed building and site development indicates the
manner in which the proposed development and surrounding properties are protected
against noise, vibrations and other factors which may have an adverse effect on the
environment, and the manner of screening mechanical equipment, trash, storage and
loading areas;
FINDING: The applicant is maintaining all existing light fixtures. All lighting is
fully shielded and directed downwards to mitigate glare on adjacent properties. This
development will not generate any permanent impacts to noise levels for the
surrounding area. All construction work will be required to comply with the timeframe,
and decibel levels indicated in the City's Noise Ordinance. Conditions of approval will
specifically address factors such as noise, construction hours, screening of mechanical
equipment, landscaping, lighting, and the overall maintenance of the property.
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C. The proposed building or site development is not, in its exterior design and
appearance, so at variance with the appearance of other existing buildings or site
developments in the neighborhood as to cause the nature of the local environment to
materially depreciate in appearance and value;
FINDING: The addition will match the existing building in style, color, and
materials. The applicant has indicated that they will repaint the exterior of the building
as part of this proposal. The improvements to the site in terms of maintenance of the
landscape planters, fencing and railings, and parking lot area will provide a marked
improvement over the appearance of other buildings at the intersection of Nevada
Street and Rosemead Boulevard.
D. The proposed building or structure is in harmony with the proposed
developments on land in the general area, especially in those instances where buildings
are within or adjacent to land shown on the General Plan as being part of the Civic
Center or in public or educational use, or are within or immediately adjacent to land
included within any precise plan which indicates building shape, size or style;
FINDING: The property is not part of the Civic Center Plan, precise plan or land
reserved for public or educational use, so there is no special need to create harmony
with the general area. Notwithstanding this, the addition will match the existing building
in style, color, and materials. The applicant has indicated that they will repaint the
exterior of the building as part of this proposal, as well as provide much needed
maintenance to the property.
E. The proposed development is in conformity with the standards of this
Code and other applicable ordinances in so far as the location and appearance of the
buildings and structures are involved; and
FINDING: This proposed development meets all of the minimum code
requirements for the CBD-D (Central Business District with a Design Overlay) zone, and
all applicable referenced code sections of the Rosemead Municipal Code.
F. The site plan and the design of the buildings, parking areas, signs,
landscaping, luminaires and other site features indicates that proper consideration has
been given to both the functional aspects of the site development, such as automobile
and pedestrian circulation, and the visual effect of the development from the view of
public streets.
FINDING: Access to the site would be via two (2) existing driveway approaches
along Rosemead Boulevard and Nevada Street. The parking lot is conveniently located
to the rear of the building. All existing parking lot lighting is fully shielded and directed
downwards to mitigate glare on adjacent properties. Lastly, this building renovation will
improve the visual effect of the site from the view of the public streets, primarily Valley
Boulevard. In addition, the improvements to the site in terms of maintenance of the
landscape planters, fencing and railings, and parking lot area will provide a marked
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improvement over the appearance of other buildings at the intersection of Nevada
Street and Rosemead Boulevard.
SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Modification 14-03 according to the criteria of
Section 17.30.040(E) of the Rosemead Municipal Code allows on-sale alcohol licenses
in upon the granting of a Conditional Use Permit by the Planning Commission.
Rosemead Municipal Code Section 17.132.040 sets the following criteria that must be
met:
A. Approval of the application will not be or incompatible or injurious to other
properties or land uses in the vicinity or create conditions materially detrimental to the
public health, safety, and general welfare;
FINDING: Sea Harbour Seafood Restaurant is an existing restaurant requesting
to expand their building area by 1,372 square feet. 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 public health, safety, and general welfare. In addition, conditions of
approval have been added to protect the adjacent residential neighborhoods from being
affected by this commercial establishment.
B. The use is consistent with 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. The addition will match
the existing building in style, color, and materials. The applicant has indicated that they
will repaint the exterior of the building as part of this proposal. In addition, staff has
added a condition of approval requiring that all existing awnings be power-washed. The
proposed project is consistent with the Goal 2, Policy 2.7 of the Land Use Element of
the City's General Plan in that it calls for establishing and applying architectural design
review to additions to commercial development.
C. The use is consistent with the provisions of the Zoning Code; and
FINDING: This proposed development meets all of the minimum code
requirements for the CBD-D (Central Business District with a Design Overlay) zone, and
all applicable referenced code sections of the Rosemead Municipal Code.
D. Processing and approval of the permit application are in compliance with
the requirements of the California Environmental Quality Act.
FINDING: Section 15301 of the California Environmental Quality Act (CEQA)
guidelines exempts projects that consist of operation, repair, maintenance, permitting,
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licensing, leasing or minor alteration of existing public or private structures involving
negligible or no expansion of an existing use beyond that existing at the time of the
Lead Agency's determination. Accordingly, Modification 14-02 is classified as a Class 1
Categorical Exemption pursuant to Section 15301 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 the quality,
health, and safety of a project from environmental review. Accordingly, Conditional Use
Permit 14-03 is classified as a Class 9 Categorical Exemption pursuant to Section
15309 of CEQA guidelines and therefore exempt from further environmental analysis.
SECTION 4. The Planning Commission HEREBY APPROVES Modification 14-
02 and 14-03 for the modification of Design Review 01-93 and Conditional Use Permit
01-840, to add 1,372 square feet to an existing 5,650 square foot restaurant. In
addition, the applicant is requesting to expand the existing on-sale beer and wine (Type
41) ABC License into the added area.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on January 5, 2015, by the following vote:
YES: ENG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: NONE
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 5th day of January, 2015.
e-
N nc Eng, Chair><
L i
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 5th day of
January, 2015, by the following vote:
YES: ENG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
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Michelle RamirezaSecretary
APPROVED A TO FORM:/
Aar Gregory ¶ r Planning 0 41 won Attorney
Burke, Willia f orensen, P
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ATTACHMENT "A"
(PC Resolution 14-20)
MODIFICATION 14-02 and 14-03
3939 ROSEMEAD BOULEVARD
CONDITIONS OF APPROVAL
January 5, 2015
1. Modification 14-02 and 14-03 are approved for the 1,372 square foot addition to
an existing 5,650 square foot restaurant. In addition, the applicant is requesting
to expand the existing on-sale beer and wine (Type 41) ABC License into the
added area renovation of the exterior façade of the commercial building, in
accordance with the plans marked Exhibit "B", dated December 24, 2014. Any
revisions to the approved plans must be resubmitted for the review and approval
of the Planning Division.
2. Approval of Modification 14-02 and 14-03 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. The onsite public hearing notice posting shall be removed by the end of the 10-
day appeal period of Modification 14-02 and 14-03.
4. Modification 14-02 and 14-03 are approved for a period of one (1) year. The
applicant shall commence the proposed project or request an extension within
30-calendar days prior to expiration. The one (1) year 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 the Modification 14-02 and 14-03 have been unused, abandoned
or discontinued for a period of one (1) year it shall become null and void.
5. The Planning Commission hereby authorizes the Planning Division to make
and/or approve minor modifications to the project and to these conditions of
approval.
6. Modification 14-02 and 14-03 are 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
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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 14-02 and 14-03.
7. 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.
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 conditions listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
Divisions for review.
10. All existing awnings shall be replaced and all awnings shall be power-washed
periodically (Modified by the Planning Commission on January 5, 2015).
11. All block walls and railings shall be re-painted prior to Planning Division final
inspection.
12. All landscaping on the subject property shall be rehabilitated to the satisfaction of
the Planning Division prior to the Planning Division's final inspection. The
landscape planters shall include a wide variety of plant materials that are drought
tolerant and an irrigation system that includes a sprinkler system with automatic
timers and moisture sensors. All landscaping shall be maintained at all times.
13. 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.
14. Building permits will not be issued in connection with any project until such time
as all plan check fees, and all other applicable fees are paid in full. Prior to
issuance of building permits, any required school fees shall be paid. The
applicant shall provide the City with written verification of compliance from the
applicable school districts.
15. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday to
Saturday. No construction shall take place on Sundays or on any federal holiday
without prior approval by the City.
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16. City staff shall have access to the subject property at any time during
construction to monitor progress.
17. 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.
18. The site shall be maintained in a clean, weed and litter free state in accordance
with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which
pertains to the storage, accumulation, collection, and disposal of garbage,
rubbish, trash, and debris.
19. All exterior lighting shall be fully shielded and directed downwards as to not
project over property lines.
20. 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
Division prior to installation.
21. The parking area, including handicapped spaces, shall be paved and re-painted
periodically to City standards to the satisfaction of the Planning Division. Such
striping shall be maintained in a clear, visible, and orderly manner.
22. The trash enclosure shall be equipped with a solid roof and opaque steel self-
closing and self-latching doors. The opaque doors shall be closed and all trash
containers shall be stored in the appropriate trash enclosure at all times. All
trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected,
and maintained in a clean, safe, and sanitary condition.
23. 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. 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. Modification 14-03 is for an On-Sale Beer and Wine (Type 41)
alcohol license in conjunction with a bona fide public eating place only.
24. 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.
25. No advertisements or illuminated signs shall be displayed that are visible from
the exterior of the restaurant which advertises alcoholic beverages. No karaoke-
type machine shall be located in this restaurant without prior approval by the
Rosemead Planning Division and subject to Section 5.48 of the Rosemead
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Municipal Code.
26. Interior lighting shall be maintained at an illumination level that is typical and
appropriate for a family restaurant.
27. 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 Sheriffs Department. It is the applicant's responsibility to keep electronic
(tapes) copies of surveillance for a minimum of thirty (30) days.
28. 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.
29. 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.
30. The hours of operation shall be posted in the front window or door. Hours of
operation shall be limited to 10 a.m. to 11:00 p.m., daily.
31. 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.
32. Violation of the conditions of approval may result in citation and/or the initiation of
revocation proceedings.
33. All cleaning service vehicles shall be parked on Rosemead Boulevard (Added by
the Planning Commission on January 5, 2015).
34. A locking device shall be installed on the existing grease trap (Added by the
Planning Commission on January 5, 2015).
Engineering Conditions of Approval
35. No parking shall be allowed along the north side of Nevada Street.
36. Install two (2) 36-Inches Box Crape Myrtle Parkway Trees — Muskogee along
Nevada Street.
37. Remove and replace in kind an existing "No Parking Sign."
38. Remove and replace broken sidewalk as indicated by Public Works Inspector
along Nevada Street.
to