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PC - 2016-06 - Approving Conditional Use Permit 15-07, Permitting a New On-Sale Beer and Wine (Type 41) ABC License PC RESOLUTION 16-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 15-07, PERMITTING A NEW ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING ESTABLISHMENT AT 8801 VALLEY BOULEVARD (APN: 5391-009- 001), IN THE CBD/RC-MUDO/D (CENTRAL BUSINESS DISTRICT WITH RESIDENTIAUCOMMERCIAL MIXED-USE DEVELOPMENT AND DESIGN OVERLAYS) ZONE. WHEREAS, on October 19, 2015, Xiao Yong Chen, representing Rice Yummy Inc., submitted 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, located at 8801 Valley Boulevard; WHEREAS, 8801 Valley Boulevard is located in the CBD/RC-MUDO/D (Central Business District with Residential/Commercial Mixed-Use Development and Design Overlays) zone; WHEREAS, Section 17.132.040 and 17.30.040(E)(2) of the Rosemead Municipal Code provides the criteria for a Conditional Use Permit; WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.132.040 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or deny Conditional Use Permit applications; WHEREAS, on April 7, 2016, fifty-four (54) notices were sent to property owners within a 300-foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were posted in six (6) public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for Conditional Use Permit 15-07; WHEREAS, on April 18, 2016, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 15-07; 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 Conditional Use Permit 15-07 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of California Environmental Quality Act guidelines. Section 15301 of the California Environmental Quality Act guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 15-07, in accordance with Section 17.132.040 and 17.30.040(E)(2) 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: Approval of 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 be incompatible or injurious to the existing properties and land uses in the vicinity of the subject restaurant. The existing restaurant use will continue to be the primary land use of the location. Although the California Department of Alcoholic Beverage Control has found the subject census tract to be overconcentrated with on-sale licenses, the City of Rosemead can, as a policy, determine the clustering of such uses to be appropriate. After reviewing statistics pertaining to crime and calls for service related to the project site and corresponding reporting districts from November 1, 2013 through November 1, 2015, the Chief of Police did not note any concerns associated with the proposed project. 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 project site is located in an established commercial corridor of Valley Boulevard. C. The use is consistent with the provisions of this Zoning Code. FINDING: According to 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 project will be 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. FINDING: Section 15301 of the California Environmental Quality Act guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Accordingly, Conditional Use Permit 15-07 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of California Environmental Quality Act guidelines. 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: The restaurant is existing and the applicant is not proposing any new development in conjunction with the Conditional Use Permit. F. The use is consistent with the purpose and intent of Section 17.30.040 of the Rosemead Municipal Code. The Planning Commission shall consider the following: • The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. • The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. • 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. • Whether or not the proposed modification will resolve any current objectable conditions. FINDING: According to the California Department of Alcoholic Beverage Control, the subject site is located in a high crime reporting district (No. 0530), which is distinguished as a crime reporting district with at least 20% greater number of reported crimes than the average number of reported crimes, as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. The California Department of Alcoholic Beverage Control indicated that 120% of the average number of offenses is 103, while the total number of offenses in the subject crime reporting district is 268. After reviewing statistics pertaining to crime and calls for service related to the project site and corresponding reporting districts from November 1, 2013 through November 1, 2015, the Chief of Police did not note any concerns associated with the proposed project. However, the Chief of Police has recommended conditions of approval, which are included in Attachment "A". Reporting 0530 0531 0532 0533 0534 District Alcohol- 19 14 34 50 18 Related Crimes The proximity of the establishment to sensitive land uses are illustrated in Exhibit "E". Residential zoning districts are generally located to the rear of the commercial zoning districts along Valley Boulevard. 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. The use is consistent and compatible with the existing commercial land uses in the vicinity of the project site. The Conditions of Approval will mitigate any potential impacts of the proposed project. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 15-07 for a new on-sale beer and wine (Type 41) ABC license in conjunction with a bona fide public eating establishment at 8801 Valley Boulevard, and subject to the conditions listed in Attachment "A" attached hereto and incorporated herein by reference. 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 Rosemead Municipal Code, Section 17.160.040 —Appeals of Decisions. SECTION 5. This resolution is the result of an action taken by the Planning Commission on April 18, 2016, by the following vote: AYES: DANG, ENG, HERRERA, AND LOPEZ NOES: NONE ABSTAIN: NONE ABSENT: TANG 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 18'h day of April, 2016. '0 -0P(. Daniel Lopez, Vice hC aif/ 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 18`" day of April, 2016, by the following vote: AYES: DANG, ENG, HERRERA, AND LOPEZ NOES: NONE ABSTAIN: NONE ABSENT: TANG 4.. . . / Michelle Ramirez ecretary APPR• VAS TO FOR I,. Gam.•• shy, Plannin• om••'--•'nAttorney Burke, Will• s & Sorensen, • ATTACHMENT "A" (PC RESOLUTION 16-06) CONDITIONAL USE PERMIT 15-07 8801 VALLEY BOULEVARD (APN: 5391-009-001) CONDITIONS OF APPROVAL APRIL 18, 2016 Standard Conditions of Approvals 1. Conditional Use Permit 15-07 ("Project') is approved for a new on-sale beer and wine (Type 41) ABC license in conjunction with a bona fide public eating establishment at 8801 Valley Boulevard, in accordance with the plans marked Exhibit "B", dated February 18, 2016. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. The following conditions must be complied to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions. 4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with the City of Rosemead ("City") 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. 5. The on-site public hearing notice posting shall be removed by the end of the 10- day appeal period of Project. 6. Project is approved for a period of one (1) year. The applicant(s) shall commence the approved 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 Project has been unused, abandoned, or discontinued for a period of one (1) year, it shall become null and void. 7. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the project and to these conditions of approval. 8. Project 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 Project. 9. The applicant(s) 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. 10. The applicant(s) 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. 11. 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. 12. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 3/4 inch, contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the Community Development Director, or his/her designee, prior to installation. 13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or on any federal holiday, without prior approval by the City. The applicant shall abide by the noise control sections of the Rosemead Municipal Code. 14. The Building Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. 15. All requirements of the Building and Safety Division, Planning Division, and Engineering Division shall be complied with prior to the final approval of the proposed construction. 16. All ground level mechanical/utility equipment (including meters, back flow prevention devices, fire valves, NC condensers, furnaces, and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right-of-way. 17. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Project Specific Conditions of Approval 18. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. 19. The site shall be maintained in a clean, weed and litter-free state, in accordance with the Rosemead Municipal Code Sections pertaining to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. 20. 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. 21. 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 shall be sold for the purpose of off-site consumption. Conditional Use Permit 15-07 is for an On-Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating establishment only. 22. 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 of Rosemead, subject to the Rosemead Municipal Code. 23. Interior lighting shall be maintained at an illumination level that is typical and appropriate for a family restaurant. 24. 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. 25. 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. 26. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 10:30 a.m. through 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. 27. 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. 28. 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. 29. The sale, possession, and consumption of alcoholic beverage(s) shall be limited to the indoor areas of the restaurant. Chief of Police Conditions of Approval 30. The restaurant shall maintain a 24-hour video surveillance recording system, which includes coverage of the following areas: a. Patron and employee arrival and departure; b. Immediate and adjoining parking areas; c. Entire exterior perimeter; and d. Office and cashier areas. 31. The video surveillance shall be stored for a minimum of 30 days and be made available to law enforcement and code enforcement upon request. 32. The parking lot and exterior of the business shall maintain good lighting during hours of darkness. 33. The restaurant shall install and maintain anti-graffiti paint and anti-etching film on the windows of the restaurant building.