PC - 2015-18 - Approving Conditional Use Permit 15-06 for New On-Sale Beer and Wine ABC License at 9000 Garvey AvenuePC RESOLUTION 15 -18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 15 -06, 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 9000
GARVEY AVENUE, UNITS C &D, IN THE C -3 MUDO -D (MEDIUM
COMMERIAL WITH A MIXED USE: RESIDENTIAL/COMMERCIAL AND
DESIGN OVERLAY) ZONE (AIN: 5282 - 026 -047).
WHEREAS, on September 1, 2015, Tantawan Inc. 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; and
WHEREAS, 9000 Garvey Avenue, Units C &D is located in the C -3 MUDO -D
(Medium Commercial with a Mixed Use: Residential /Commercial and Design Overlay)
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; and
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 October 22, 2015, twenty -one (21) 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 November 2, 2015, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 15 -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 15 -06 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 -06 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. ABC has also determined that this
location is not in a high crime reporting district. After reviewing the crime statistics and
calls for service over the last two (2) years, the Chief of Police has found no unusual
situations or concerns. The Chief of police is in support of the restaurant obtaining a
beer and wine license to complement their menu with the incorporation of conditions of
approval related to security measures.
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: Per Section 17.30.040(E)(1) of the Rosemead Municipal Code, a
Conditional Use Permit is required for any business that sells alcoholic beverages for
on -site consumption. As conditioned, the proposed use will be operated in consistent
with the provisions of the Zoning 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 -06 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 use 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 -06 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, ABC has determined that this location is not in a high crime
reporting district. After reviewing the crime statistics and calls for service over the last
two (2) years, the Chief of Police has found no unusual situations or concerns. The
Chief of Police is in support of the restaurant obtaining a beer and wine license to
complement their menu, but is requiring that the following security measures be
incorporated into the restaurant:
1. The restaurant shall maintain a 24 -hour video surveillance recording system to
include coverage of the following areas:
a. Patron and employee arrivals and departures
b. Immediate and adjoining parking area
c. Entire exterior perimeter
d. Any office and cashier area
2. The video surveillance must be stored for a minimum of 30 -days and be made
available to law enforcement and code enforcement upon request.
3. The parking lot and exterior of the business must maintain good lighting during
the hours of darkness.
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4. Since the business is next to a bus stop and susceptible to graffiti, the business
should have anti - graffiti paint and anti - etching film on the windows of the building.
As indicated by the Chief of Police, the restaurant is located within the Sheriff's
Reporting District (RD) of 0534. The subject RD was compared to two (2) additional
RDs (RD 0532 and 0533) along the Garvey Avenue corridor. The comparison indicates
the subject RD is significantly lower than the adjacent RDs.
District
RD 0534
RD 0533
RD 0532
Reported Crimes*
287
448
752
Narcotics Related Crimes
48
92
103
Alcohol Related Crimes
15
48
33
( "Does not including the crimes listed individually)
The site is surrounded by properties that are zoned C -3 (Medium Commercial) and C -3
MUDO -D (Medium Commercial with a Mixed Use: Residential /Commercial and Design
Overlay). The closest single use residential zoning district is located 250 feet north of
the project site and is separated by Garvey Avenue. 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 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.
SECTION 4 . The Planning Commission HEREBY APPROVES Conditional Use
Permit 15 -06, 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 9000 Garvey
Avenue, Units C &D.
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
Rosemead Municipal Code, Section 17.160.040 — Appeals of Decisions.
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SECTION 6 . This resolution is the result of an action taken by the Planning
Commission on November 2, 2015, by the following vote:
YES: ENG, DANG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: NONE
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 2 nd d y of November, 2015.
'^M
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 2 nd day of
November, 2015, by the following vote:
YES: ENG, DANG, HERRERA, LOPEZ, AND TANG
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
uwg�� C'�i AAnti
Michelle Ramirez, �oretary
APPROV S TO FORM-
Gregory M. M rp y, Planning Com orney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PLANNING COMISSION RESOLUTION 15 -18)
CONDITIONAL USE PERMIT 15 -06
9000 GARVEY AVENUE, UNITS C &D
(AIN: 5282 - 026 -047)
CONDITIONS OF APPROVAL
November 2, 2015
1. Conditional Use Permit 15 -06 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 -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 15 -06.
4. Conditional Use Permit 15 -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 15 -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 15 -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 15 -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. 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 -06 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.
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.
7
16. Interior lighting shall be maintained at an illumination level that is typical and
appropriate for a family restaurant.
17. 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.
18. 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.
19. 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.
20. 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.
21. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
Public Safety Conditions of Approval
22. The restaurant shall maintain a 24 -hour video surveillance recording system to
include coverage of the following areas:
a. Patron and employee arrivals and departures
b. Immediate and adjoining parking area
c. Entire exterior perimeter
d. Any office and cashier area
23. The video surveillance must be stored for a minimum of 30 -days and be made
available to law enforcement and code enforcement upon request.
24. The parking lot and exterior of the business must maintain good lighting during
the hours of darkness.
25. Since the business is next to a bus stop and susceptible to graffiti, the business
shall have anti - graffiti paint and anti - etching film on the windows of the building
(Modified by the Planning Commission on November 2, 2015).
W
ATTACHMENT "A"
(PLANNING COMISSION RESOLUTION 15 -18)
CONDITIONAL USE PERMIT 15 -06
9000 GARVEY AVENUE, UNITS C &D
(AIN: 5282 - 026 -047)
CONDITIONS OF APPROVAL
November 2, 2015
1. Conditional Use Permit 15 -06 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 -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 15 -06.
4. Conditional Use Permit 15 -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 15 -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 15 -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
0
or modify any permit granted or approved under the Rosemead Municipal Code
for any violations of the conditions imposed on Conditional Use Permit 15 -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. 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 -06 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.
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.
7
16. Interior lighting shall be maintained at an illumination level that is typical and
appropriate for a family restaurant.
17. 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.
18. 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.
19. 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.
20. 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.
21. Violation of the conditions of approval may result in citation and /or the initiation of
revocation proceedings.
Public Safety Conditions of Approval
22. The restaurant shall maintain a 24 -hour video surveillance recording system to
include coverage of the following areas:
a. Patron and employee arrivals and departures
b. Immediate and adjoining parking area
c. Entire exterior perimeter
d. Any office and cashier area
23. The video surveillance must be stored for a minimum of 30 -days and be made
available to law enforcement and code enforcement upon request.
24. The parking lot and exterior of the business must maintain good lighting during
the hours of darkness.
25. Since the business is next to a bus stop and susceptible to graffiti, the business
shall have anti - graffiti paint and anti - etching film on the windows of the building
(Modified by the Planning Commission on November 2, 2015).
11