PC - 2015-09 - Approving Conditional Use Permit 15-03, A request for Approval for a new On-sale Beer and Wine ABC Establishment PC RESOLUTION 15-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 15-03, A REQUEST FOR
APPROVAL FOR A NEW ON-SALE BEER AND WINE (TYPE 41) ABC
LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING
ESTABLISHMENT. THE SUBJECT SITE IS LOCATED AT 8118
GARVEY AVENUE, UNIT B, IN THE C-3 (MEDIUM COMMERIAL) ZONE
(APN: 5284-001-030).
WHEREAS, on April 23, 2015, Zhongmin Geng 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 establishment.
WHEREAS, 8118 Garvey Avenue, Unit B is located in the C-3 (Medium
Commercial) zone; 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.
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Sections 17.132.040 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve, or disapprove a conditional use permit
application; and
WHEREAS, on June 4, 2015, seventy-five (75) property owners, publication in
the Rosemead Reader, and postings of the notice at the five (5) public locations and on
the subject site; and
WHEREAS, on June 15, 2015, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 15-03; 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 15-03 is Categorically Exempt under Class 9 of Section 15309
of the California Environmental Quality Act (CEQA) guidelines exempts projects that
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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 Conditional Use Permit 15-03 according to the
criteria of Section 17.30.040(E) of the Rosemead Municipal Code as follows:
A. Approval of the application will not be 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: The request for a new On-Sale Beer and Wine (Type 41) ABC
license in conjunction with a bona fide public eating establishment will not impact any
existing use within the neighborhood vicinity. 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. State ABC has also determined that
this location is in a high crime district. The Chief of Police has found no unusual
situations or concerns. According to the Chief of Police, there were 42 calls for service
to the shopping center in the last two years, however, most dealt with traffic collisions
and medical aid requests. For these reasons, the Chief of Police is in support of this
request, notwithstanding the ABC's finding.
B. The use is consistent with the General Plan;
FINDING: According to the City of Rosemead General Plan, Land Use Goal 2
aims to expand opportunities for concentrated commercial and industrial uses that
contribute jobs and tax revenues to the community. The subject property is located in an
established commercial corridor of Garvey Avenue.
C. The use is consistent with the provisions of this Zoning Code;
FINDING: This proposed development meets all of the minimum code
requirements for the C-3 (Medium Commercial) 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; and
FINDING: 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 15-03 is classified as a Class 9 Categorical
Exemption pursuant to Section 15309 of CEQA guidelines and therefore exempt from
further environmental analysis.
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E. If development is provided for under the Conditional Use Permit, the
project is consistent with the goals and objectives of the applicable standards and
Design Guidelines in the overlying district.
FINDING: There are no specific design guidelines that are applicable to the
proposed project. However, the project complies with all development standards of the
Rosemead Municipal Code.
SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 15-03 according to the
criteria of Section 17.30.040(E)(2) of the Rosemead Municipal Code, which further
states that prior to approval of a new permit for an alcohol sales establishment, the
Planning Commission shall find that the use is consistent with the purpose and intent of
Section 17.30.040 (Alcohol Beverage Sales). This finding shall be in addition to the
findings required by Chapter 17.132 (Conditional Use Permits). In making this required
finding, the Planning Commission shall consider the following:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City;
b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts; and
c. The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship, schools,
other similar uses, and any uses that attract minors.
As noted in the staff report, State ABC reports that the project site is located in a
crime reporting district in which the number of crimes reported is greater than the
average number of reported crimes in all the crime reporting districts within the City of
Rosemead. According to the Chief of Police, there were 42 calls for service to the
shopping center in the last two years, however, most dealt with traffic collisions and
medical aid requests. Although the store is located within a high crime area and near a
major freeway (Interstate 10), the Chief of Police has indicated his support of this
request upon approval of the public safety conditions outline in Attachment "A."
The site is surrounded by properties that are zoned C-3 (Medium Commercial).
The closest single use residential zoning district is located 140 feet south of the project
site and is separated by Pine Street. Furthermore, there are no schools, parks, or
places of religious worship within 1,000 feet of the project site.
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 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
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defacement of surrounding properties. Restaurant staff will be trained on how to
properly serve alcohol, including but not limited to checking identification to avoid
serving to minors and being aware of intake levels of patrons.
Staff feels that this use is consistent with the surrounding commercial properties
and existing land uses in the general area, with no foreseeable negative impacts to the
adjacent neighborhood or adjoining properties. The applicant has indicated that there
are 70 video surveillance cameras within the shopping center, seven (7) cameras within
the restaurant, two (2) onsite security guards during the weekdays and four (4) during
the weekends, which are present 24 hours a day.
SECTION 4. The Planning Commission HEREBY APPROVES Conditional Use
Permit 15-03, 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 8118 Garvey
Avenue, Unit B.
SECTION 5. 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 6. This resolution is the result of an action taken by the Planning
Commission on June 15, 2015, by the following vote:
YES: HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: ENG
ABSTAIN: NONE
SECTION 7. 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 15th day of June, 2015.
Diana Herrera, Commissioner
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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 15th day of
June, 2015, by the following vote:
YES: HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: ENG
ABSTAIN: NONE 1 ��
UVV M� ells Ramirez, ecretary
APPROVED AS TO FORM:
Gregory N1(drphy, Planning mission Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PLANNING COMISSION RESOLUTION 15-09)
CONDITIONAL USE PERMIT 15-03
8118 GARVEY AVENUE, UNIT B
(APN: 5284-001-030)
CONDITIONS OF APPROVAL
June 15, 2015
1. Conditional Use Permit 15-03 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 "B",
dated April 23, 2015. Any revisions to the approved plans must be resubmitted
for the review and approval of the Planning Division.
2. Conditional Use Permit 15-03 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 Conditional Use Permit 15-03.
4. Conditional Use Permit 15-03 is 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 Conditional Use Permit 15-03 has 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. Conditional Use Permit 15-03 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
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or modify any permit granted or approved under the Rosemead Municipal Code
for any violations of the conditions imposed on Conditional Use Permit 15-03.
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 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.
9. City staff shall have access to the subject property at any time during
construction to monitor progress.
10. 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.
11. The site shall be maintained in a clean, weed and litter free state in accordance
with the Rosemead Municipal Code, which pertains to the storage, accumulation,
collection, and disposal of garbage, rubbish, trash, and debris.
12. Any proposed signage shall be submitted to the Planning Division for review and
approval. All proposed signage shall comply with 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
Division prior to installation.
13. 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. Conditional Use Permit 15-03 is for an On-Sale Beer and
Wine (Type 41) ABC license in conjunction with a bona fide public eating
establishment only.
14. 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 the Rosemead Municipal Code.
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15. 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 the Rosemead Municipal Code.
16. Interior lighting shall be maintained at an illumination level that is typical and
appropriate for a family restaurant.
17. The 24-hour electronic surveillance system shall include surveillance of arrivals,
departures, and parking areas from the restaurant and shall be available for
inspection by the City of Rosemead Public Safety Department or the Los Angeles
County Sheriffs Department. It is the applicant's responsibility to keep electronic
(tapes) copies of surveillance for a minimum of sixty (60) days.
18. 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.
19. 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.
20. 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 10:00 p.m., daily. The Planning
Commission hereby authorizes the Chief of Police to modify the hours of alcohol
sales during those hours if it becomes detrimental to the public health, safety,
and general welfare of the City.
21. 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.
22. Violation of the conditions of approval may result in citation and/or the initiation of
revocation proceedings.
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