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PC - 2015-03 - Approving Conditional Use Permit 14-06, A Request for Approval for a New On-Sale ABC License With a Bona Fide Public Eating Establishment at 4501 RosemeadPC RESOLUTION 15 -03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 14 -06, A REQUEST FOR APPROVAL FOR A NEW ON -SALE GENERAL (TYPE 47) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING ESTABLISHMENT. THE SUBJECT SITE IS LOCATED AT 4501 ROSEMEAD BOULEVARD, IN THE C -3 (MEDIUM COMMERIAL) ZONE (APN: 5389 - 017 -021). WHEREAS, on November 19, 2014, Yuan Yuan Chen filed a Conditional Use Permit application requesting approval for a new On -Sale General (Type 47) ABC license in conjunction with a bona fide public eating establishment WHEREAS, 4501 Rosemead Boulevard is located in the C -3 (Medium Commercial) 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 March 5, 2015, thirty -eight (38) 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 March 16, 2015, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 14 -06; 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 14 -06 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 Conditional Use Permit 14 -06 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 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 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 of 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. In addition, a condition of approval has been added to require the construction of a fully enclosed trash enclosure as well as the installation of a locking device on the proposed grease trap. Conditions of approval will also specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property. 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: Conditions of approval will specifically address factors involving the overall maintenance of the property. The improvements to the site in terms of maintenance of landscaping, the restriping and re -slurry sealing of the parking lot, the replacement of all broken wheel stops, the removal of graffiti, and the rehabilitation of perimeter fencing and building exterior will provide a marked improvement over the existing appearance of the building along 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. 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 C -3 (Medium Commercial) 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 one (1) existing driveway approach along Rosemead Boulevard. 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. In addition, the improvements to the site in terms of maintenance of landscaping, the restriping and re -slurry sealing of the parking lot, the replacement of all broken wheel stops, the rehabilitation of perimeter fencing, and the removal of graffiti will provide a marked improvement over the existing appearance of the building along Rosemead Boulevard. SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 14 -06 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: Moonlight Bar and Restaurant is an existing restaurant requesting approval for a new On -Sale General (Type 47) ABC license in conjunction with a bona fide public eating establishment. 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 a 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. 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 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. 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 14 -06 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 Conditional Use Permit 14 -06. SECTION 5 . This resolution is the result of an action taken by the Planning Commission on March 16, 2015, by the following vote: YES: ENG, LOPEZ, TANG NO: NONE ABSENT: HERRERA ABSTAIN: NONE 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 16th day of March, 2015. I v Na 0y En it 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 16th day of March, 2015, by the following vote: YES: ENG, LOPEZ, TANG NO: NONE ABSENT: HERRERA ABSTAIN: NONE � &erg. Michelle Ramir z, ecretary APPROVED AS TO FORM: Gregory M. I�KurpYfy, Planning �n Attorney Burke, Williams & Sorensen, L CONDITIONAL USE PERMIT 14 -06 4501 ROSEMEAD BOULEVARD (APN: 5389 - 017 -021) CONDITIONS OF APPROVAL March 16, 2015 1. Conditional Use Permit 14 -06 is approved for a new On -Sale General (Type 47) ABC license in conjunction with a bona fide public eating establishment. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. Conditional Use Permit 14 -06 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 14 -06. 4. Conditional Use Permit 14 -06 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 14 -06 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 14 -06 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 14 -06. 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. 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 landscaping 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. 9. 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. 10. 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. 11. City staff shall have access to the subject property at any time during construction to monitor progress. 12. 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. 13. 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. 14. 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. 15. The parking area, including handicapped spaces, shall be periodically re- slurry sealed and re- striped per City of Rosemead parking standards, to the satisfaction of the Planning Division. Such striping' shall be maintained in a clear, visible, and orderly manner. In addition all broken.wheel stops shall be removed and replaced. 16. 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 Cokrol 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 14 -06 is for an On -Sale General (Type 47) ABC license in conjunction with a bona fide public eating establishment only. 17. 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. 18. 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. 19. Interior lighting shall be maintained at an illumination level that is typical and appropriate for a family restaurant. 20. 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 Sheriff's Department. It is the applicant's responsibility to keep electronic (tapes) copies of surveillance for a minimum of sixty (60) days. 21. 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. 22. 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. 23. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 11 a.m. to 2:00 a.m., daily. The Planning Commission hereby authorizes the Chief of Police.to modify the hours of operation if the sales of alcoholic beverages during those hours become detrimental to the public health, safety, and general welfare of the City. 24. If warranted on the basis of the City of Rosemead Public Safety or Los Angeles County Sheriff's Department incident reports, the City shall have the right to require additional security measures. 25. A new trash enclosure shall be installed on site. The trash enclosure shall comply with the Rosemead Municipal Code. The location of the trash enclosure shall be reviewed and approved by the Planning Division. 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. 26. Any area requiring the replacement of fencing shall be rehabilitated (wood fencing along the south side of the property and the concrete block wall along the west side of the property). 27. The exterior of the building shall be rehabilitated and any area requiring the replacement of wood siding shall be installed. 28. Lighting shall be in accordance . with the Rosemead Municipal Code. Exterior lighting shall be of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. All light poles shall be repainted to match the existing color. 29. A locking device shall be installed on the proposed grease trap. 30. All site maintenance issues listed in Conditions 8, 12, 13, 15, 24, 25, 26, 27, 28, and 29 shall be completed prior to the issuance of a Business License. 31. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.