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PC - Item 3A - Conditional Use Permit 16-07 at 7940 Garvey Avenue Unit 108-109 (---, E M F '4 ROSEMEAD PLANNING COMMISSION STAFF REPORT CIVIC PRIDE 1,464 Ato,pORATED,ce TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: SEPTEMBER 19, 2016 SUBJECT: CONDITIONAL USE PERMIT 16-07 7940 GARVEY AVENUE, UNIT #108-109 Summary Boiling Seafood Wok Inc. has submitted a Conditional Use Permit application to operate a bona fide public eating establishment with a new On-Sale Beer and Wine (Type 41) ABC License at 7940 Garvey Avenue, Unit #108-109 (APN: 5284-027-026 and 5284- 027-024). A Conditional Use Permit shall be required for any business that sells alcoholic beverages for on-site or off-site consumption. The proposed project would not increase the floor area of the existing building or business. The project site is located in a C-3 and R-2 (Medium Commercial and Light Multiple Residential) zone. Environmental Determination 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 16- 07 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of California Environmental Quality Act guidelines. Staff Recommendation It is recommended that the Planning Commission ADOPT Resolution No. 16-17 with findings (Exhibit "A"), and APPROVE Conditional Use Permit 16-07, subject to the 36 conditions outlined in Attachment "A" attached hereto. Property History and Description The project site is located on the southeast corner of Garvey Avenue and Denton Avenue. According to the Los Angeles County Assessor's Office. the project site consists of two (2) parcels, totaling approximately 27,720 square feet of lot area. According to business license records, the effective date of the business license for the subject restaurant, Boiling Seafood Wok, was December 3, 2014. The previous Planning Commission Meeting September 19,2016 Page 2 of 19 business. Xin Bao Restaurant, was also a public eating establishment. Currently, the businesses within the project site do not hold any Conditional Use Permits for alcohol- related uses. Vt�._ °"1-bi MORE V. ', PARKPIO 1� _ il® Itl REAP `-c: �7 NOTICE OF li lit PUBLIC HEARING' _ I `-X. 14 114.IIIIR Sti7i_,1_1-,., .. ) t .` (626)5 t:_ � ...-,,,1 A = ti :: - . Front Elevation (Existing) Site and Surrounding Land Uses The project site is designated in the General Plan as Commercial and Medium Density Residential, and on the Zoning Map as C-3 and R-2 (Medium Commercial and Light Multiple Residential) zone. The site is surrounded by the following land uses and zones: North General Plan Designation: High Intensity Commercial Zoning: C-4 (Regional Commercial) Land Use: Vacant South General Plan Designation: Medium Density Residential Zoning: R-2 (Light Multiple Residential) Land Use: Residential East General Plan Designation: Commercial and Medium Density Residential Zoning: C-3 and R-2 (Medium Commercial and Light Multiple Residential) Land Use: Commercial and Residential West General Plan Designation: Commercial and Medium Density Residential Zoning: C-3 and R-2 (Medium Commercial and Light Multiple Residential) Land Use: Commercial and Residential Planning Commission Meeting September 19,2016 Page 3 of 19 Restaurant Operations The applicant is currently operating a sit-down restaurant. The proposed hours of operation are from 11:00 a.m. to 12:00 a.m. (midnight), daily. The applicant is requesting to serve alcohol during the same timeframe. On the largest shift, the restaurant is operated by six (6) employees. As indicated on the restaurant menu (Exhibit "D"), the restaurant serves a full array of asian cuisine. The Planning Division and Building Division have approved plans for an interior tenant improvement, consisting of adding a new ADA accessible restroom within the existing restaurant. As of September 12, 2016, the Building Division has not issued building permits for the new ADA accessible restroom. California Department of Alcoholic Beverage Control and Public Safety Report Staff has received a form from the California Department of Alcoholic Beverage Control (ABC). which provides statistics pertaining to the licensing of alcohol. The number of on- sale ABC licenses allowed in the subject census tract (No. 4825.03) is four (4). Currently, the subject census tract has six (6) existing on-sale ABC licenses. According to the California Department of Alcoholic Beverage Control, the subject census tract is overconcentrated with on-sale licenses. 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. According to the California Department of Alcoholic Beverage Control, the subject site is located in a high crime reporting district (No. 0532), 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 256.1, while the total number of offenses in the subject crime reporting district is 544. After reviewing statistics pertaining to crime and calls for service related to the project site and corresponding reporting districts from August 1, 2014 through August 1, 2016, the Chief of Police did not note any concerns associated with the proposed project. However, the Chief of Police recommended the following conditions of approval: • The restaurant shall maintain a 24-hour video surveillance recording system, which includes coverage of the following areas: o Patron and employee arrival and departure; o Immediate and adjoining parking areas; o Entire exterior perimeter; and o Office and cashier areas. • The video surveillance shall be stored for a minimum of 30 days and be made available to law enforcement and code enforcement upon request. Planning Commission Meeting September 19,2016 Page 4 of 19 • The parking lot and exterior of the business shall maintain good lighting during hours of darkness. • All alcohol shall be stored and displayed away from the restaurant counter and areas accessible to the public. • The sales of alcohol shall be limited to 12:00 a.m. (midnight), in compliance with State regulations. On August 16. 2016, Code Enforcement Officers performed a site inspection and observed customers with food, alcoholic beverages, and Boiling Seafood Wok menus in Unit #107, an adjacent unit located to the east of Boiling Seafood Wok. The restaurant has not been approved to expand operation into Unit #107. On September 8, 2016, the Public Safety Department issued an citation to the business owner of Boiling Seafood Wok, Jinsheng Zhang. The business owner has been informed that restaurant operation in Unit #107 must cease immediately. Municipal Code Requirements Per Rosemead Municipal Code. Section 17.30.040(E)(1), a conditional use permit, obtained pursuant to the provisions of Chapter 17.132 (Conditional Use Permits), shall be required for any business that sells alcoholic beverages for on-site or off-site consumption. Per Rosemead Municipal Code, Section 17.132.040, a Conditional Use Permit may be issued only after a public hearing before the Planning Commission. The Planning Commission shall also find that the establishment, maintenance, or operation of the use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. All of the following findings shall be made by the Planning Commission in conjunction with the approval of a Conditional Use Permit: 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. 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 Planning Commission Meeting September 19,2016 Page 5 of 19 from August 1, 2014 through August 1, 2016, the Chief of Police did not note any concerns associated with the proposed project. B. The use is consistent with the General Plan. 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 Garvey Avenue. C. The use is consistent with the provisions of this Zoning Code. 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. 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 16-07 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. The restaurant is existing and the applicant is not proposing any new development in conjunction with the Conditional Use Permit. Per Rosemead Municipal Code, Section 17.30.040(E)(2), prior to approval of a new or modified permit for an alcohol sales establishment, the Planning Commission shall find that the use is consistent with the purpose and intent of this section. This finding shall be in addition to the findings required by Chapter 17.132 (Conditional Use Permits). In making the required finding, 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. Planning Commission Meeting September 19,2016 Page 6 of 19 • 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. According to the California Department of Alcoholic Beverage Control, the subject site is located in a high crime reporting district (No. 0532), 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 256.1, while the total number of offenses in the subject crime reporting district is 544. After reviewing statistics pertaining to crime and calls for service related to the project site and corresponding reporting districts from August 1, 2014 through August 1, 2016, 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 0532 0533 0530 0531 0534 District (Adjoining Reporting District) Alcohol- 25 54 18 11 21 Related Crimes Residential zoning districts are generally located to the rear of the commercial zoning districts along Garvey Avenue. 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. Planning Commission Meeting September 19,2016 Page 7 of 19 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. Public Notice Process This item has been noticed through the regular agenda notification process, which includes a 300-foot radius public hearing notice to forty-three (43) property owners, publication in the Rosemead Reader on September 8, 2016, and postings of the notice at the six (6) public locations and on the subject site. Prepared by: Submitted by: Lifilhat.W Cory Hanh Michelle Ramirez Associate Planner Community Development Director EXHIBITS: A. Planning Commission Resolution 16-17 B. Site Plan and Floor Plan (Dated August 25, 2016) C. Assessor Parcel Map (APN: 5284-027-026 and 5284-027-024) D. Boiling Seafood Wok Menu E. State Alcohol Beverage Control Map Planning Commission Meeting September 19,2016 Page 8 of 19 EXHIBIT "A" PC RESOLUTION 16-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 16-07, PERMITTING A NEW ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING ESTABLISHMENT AT 7940 GARVEY AVENUE, UNIT #108-109 (APN: 5284-027-026 AND 5284-027-024), IN A C-3 AND R-2 (MEDIUM COMMERCIAL AND LIGHT MULTIPLE RESIDENTIAL) ZONE. WHEREAS. on July 5, 2016, Boiling Seafood Wok 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 7940 Garvey Avenue, Unit 108-109; WHEREAS, 7940 Garvey Avenue, Unit #108-109 is located in a C-3 and R-2 (Medium Commercial and Light Multiple Residential) 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 September 8, 2016, forty-three (43) 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 16-07; WHEREAS, on September 19, 2016, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 16-07; 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: Planning Commission Meeting September 19,2016 Page 9 of 19 SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional Use Permit 16-07 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 16-07, 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 August 1, 2014 through August 1, 2016, 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 Garvey Avenue. 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. Planning Commission Meeting September 19,2016 Page 10 of 19 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 16-07 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. 0532), 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 256.1, while the total number of offenses in the subject crime reporting district is 544. After reviewing statistics pertaining to crime and calls for service related to the project site and corresponding reporting districts from August 1 . 2014 through August 1, 2016, 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". Planning Commission Meeting September 19,2016 Page 11 of 19 Reporting 0532 0533 0530 0531 0534 District (Adjoining Reporting District) _ Alcohol- 25 54 18 11 21 Related Crimes Residential zoning districts are generally located to the rear of the commercial zoning districts along Garvey Avenue. 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 16-07 for a new on-sale beer and wine (Type 41) ABC license in conjunction with a bona fide public eating establishment at 7940 Garvey Avenue, Unit #108-109, 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 September 19, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Planning Commission Meeting September 19,2016 Page 12 of 19 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 19th day of September, 2016. Daniel Lopez, Chair 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 19th day of September, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting September 19,2016 Page 13 of 19 ATTACHMENT "A" (PC RESOLUTION 16-17) CONDITIONAL USE PERMIT 16-07 7940 GARVEY AVENUE, UNIT #108-109 (APN: 5284-027-026 AND 5284-027-024) CONDITIONS OF APPROVAL SEPTEMBER 19. 2016 Standard Conditions of Approvals 1. Conditional Use Permit 16-07 ("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 7940 Garvey Avenue, Unit #108-109, in accordance with the plans marked Exhibit "B', dated August 25, 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. Planning Commission Meeting September 19,2016 Page 14 of 19 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. Planning Commission Meeting September 19,2016 Page 15 of 19 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, A/C 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 16-07 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. Planning Commission Meeting September 19,2016 Page 16 of 19 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 11:00 a.m. through 12:00 a.m. (midnight), 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 approved restaurant. 30. The restaurant shall install and maintain anti-graffiti paint and anti-etching film on the windows of the restaurant building. 31. A employee training program shall be submitted to the Chief of Police for approval, if satisfactory. The approved employee training program shall be abided by at all times. 32. All Code Enforcement cases shall be resolved to the satisfaction of the Public Safety Department prior to the sale of alcoholic beverages. Chief of Police Conditions of Approval 33. 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. 34. The video surveillance shall be stored for a minimum of 30 days and be made available to law enforcement and code enforcement upon request. Planning Commission Meeting September 19,2016 Page 17 of 19 35. The parking lot and exterior of the business shall maintain good lighting during hours of darkness. 36. All alcohol shall be stored and displayed away from the restaurant counter and areas accessible to the public. Planning Commission Meeting September 19,2016 Page 18 of 19 EXHIBIT "C" 52841271 >; y KELBURN AVE.,,% ,o 'or 1. -` <1 it 44 ' . IO. - - - .. H LJ > ''4 a. .., © o 0 0 O C e © e O 1 1 � w0 c V > t 4 y wl P. ,. t - ' 3. 'i w 35 i 36V 37 a 38"' 39 9 40 9 41 V 42*, 432 44:• r •' N • 3e Z 2 0 h I. 45 LY K • 1 h Ei` ` N).of ,V V it li O 10 C O O O , i > V C '�j�' 1 5j; 52 51 50 49 48 47 46 45,4' Q u ,, 9 ;1 « • i::1 10 SO <s.L! 45 - AS L.r ' O a. DENTON AVE. � TRACT NO 7621 SUBJECT M 85-33 SITE CODE 3917 F_AIRVIEW_ HEIGHTS TRACT M.8. 6-H4-H5 MN rm..4Kw'1.SEE:061-27 GOJN'Y OF LOS ANGELES.CALIF. Planning Commission Meeting September 19,2016 Page 19 of 19 EXHIBIT L6D11 • 3ik3Tfi CongeePorridg. Lunch Special $5.95 Each Item 18 00 R Oa 10l Wo:41a Sss -- - 1i6.n 4 4 IS aSaym Pm se 5levwES0 Poraie SA 24 l 4 A A Raw a 9107814.244 460* R Ryi RatParap 9S 0061 Al A a PM PAO 7tlF.e161Sp6/ Tao.4 4 4 IF 00 FrN ON CPT,*oac:vic0 1694 m 65 Pod Fara. 550 197.17 lr AI 71 AMS&fllh, TR e' T B 4172,6 P600144�../ 7.8 9 50391Ca95>n41a 554 At3 & A 961.7/LYM 207.'4 30 4 44&201 lOaIF Rr6o 1'q•.a:, / 1 �.¢. ] ,,//�� jj ,71•0®:l a 5r.Sea*7202 O1d0?r,#F 095 201.81161 40411651f10w91Yp•Oi114114 231.0 9 tF A r40745aenkt11004 //^'; ' 1414 4 NW*/*Pi 695 7Q299R0r4wIF PepO611M11q.m961em 40/ 010* R rF 61 r24074 0-J.0 0111 004 SVI. Inc Se 4 A A6h.70rrhraln NS X129901614:1:P61p01L04.0,Myp6061 723 29 35 4 SPAN Crime 1744 4 A$a,p ht'0. NS '� MII97illic2f7Yr RAtt010229100ome1 237.3 4 A aSrr/41501 6024 • cc* x 0 IP Pcapp Drs Nit 7-10M*14.1 WA 236e 1E 955,9121191&11.04 t °� Xt r,99511e4a,4711.pe1ytl61W.4rept»a 261 It A Y'i RSM11199041r109t11 207.40 70 R 3100y096n$h., OA 01 A 3 A 4 al,obNI* 2C1X a 4 ■441eW6M6Pic At.E 9 01 ft 1149725462. • miu16470929 bear otlnnolgo lb 22*S 1s 9 a Olielgoplib+.e6letros. Boiling Seafood Wok 21001 -3 4 16 WON/ 2414 4 if 30 A CAA froaa,S4972Sat Wonton Noodle Rice Noodle At.F.A4AA A1061e 44 WA N N 91 3i 07 A A PAMPA 911(29414212 ' 212?F A A 9 40a97II0Py1Memx4p4W. 265#9 01 1..7 @phb656 177.0 A 4 1690e6E.7 I- , 62, 211.3 a m 91b10h4.OPUl45sa AL 004 949A10.2 Rh67[FWAlA fm/ At 30 6I 4 E.IY•Spda00 bra-I.0 004 2,42 4 A 9fblabooM*IAN/ 2,7.4 A.A F As Si1f6 r 1 IA V 4 4 iMlfr qqJ��y.,,. • 0. 550 Tt54 1 to 615724 Porn 1115 aO R.�.tl0>MSit 24.61 9 R 0 944214154129191054./� 'U SNJ� � �� J IA**A Am9&abFEo./ 551 1^ h o In■1 9 m 91b111e*(p114M;,M s$ 7:49�D a;1 SKr�55.a6wr acre*sr 266/ 74 aA It 9�A ffi Re612w.99iPlvrSw/ 7J`I�'IJ1 ° iR41060A191Y*'7241Y9*,ta S:z 6% Yi.e Y 61[44;+11 Sar?EA 2SR 61 M NM op415192h0r Sec A / ` / ,,,• o❑ 1614 9 M 1 4 7911.21125277 575 211.4 7P 75°W 7.4117440 SK 1161606:Spat 251.4 10 •1• 97 S491e0h219Ylili al4 Ia.429214791917275242 616 211.A. X 9 46c1a1MNA Abu SAM AS 4019 A 1 a 7 SakalbsF 3p 645 1264 A 014 e11119197Y40094p 6S 220.4 4 Lx 1 11 30,7k67X,.ua/ 2525 0 3 9 1.SIAAAApt/1685.6/ 'J s! ..F. • 737.4 A AC 1611Mfa&9.p flss 221.1 A A 4649111 Dec Rd Nu 250 8 3f 79 10 1.562141 9d9aPye iyi 1636 tIl 2191.1111212 PcoNpaphale& 272.9 +11 1 A CCU, 2525 R PC X Pt 6624921 72*Cao:Mc la* Fee 1.414., 4AA 2211[1..75[AACADApfa251731 2559 2 iP AI Clime e1mfItl0PlstaSalaam *WAS'Ti® a PARTY ' 414 *0 a 901119eRI0Y 7111 224 5E 61 3 10405*01276, 266.4e779.11713014 Wry Pm Sap/ 225 179 A 34 mI12292167161Pa 257.4 Se 7 6q sea ureptlbaN/ 0'E.fl.M, 276.A. 4- 2 -F E07222950042, A&A`II a 4441400*NO 4220 8 H3IA 3O- 507(•61 6030 7179 0 A 4 hnk.4 fis r'PefrMOmio B6N 6107 elk: 2a< A : 445.4 fa 5K,eve 44730 50.Y. A 10 1990 NINON OPEN 7 DAYS 243049#911 MAN AnNAWI*ad 6lal X6.9 >r' FO,Mm ME P1:T ..66;�1pp c 431 4 v li ee•.IReCOrt 'IT I4. -DC h/ •1.34 Hasse Specialties 1144-Spm Lunch -4.7- rcxsrmaa. ' 260 A WE 471AM Ws 5244:,,01440,r 51116,It dA eta I A w x a Hsu 00.N. 02 7940 Garvey Ave.,#108-109 260 A A#A 4I�71WF976n EA 216 8 Se#A 91a.eha9Metr Aux 670No EA Rosemead,CA 91770 i NA SP* *3405'3820 Tel:(626)288-8718 %fT Po,}7.115 Seateod llok a 4 a 4 12 67204■0a:9209a/ ten $34:17• Ist Chow Fun Chow Mein - iisimw east. :stoma sA7A Pork,Chicken&Beef m xas ochry .9YQmona CLASSIC 010E I SPICY WE6 Gb 5445.6 054 tz95 17167+11#R,4:74300 SatLlOr,w.o f-u; zss 51 0007 R AA 6ab4l44F6OgW54 0161faff * 22 4 el S0 0 455915 8 li9f ISa M 12 995 n,5a5s1000100 r 76 735 A 10p 44 ww 11047+4 a a n 4 4 1 8 519601429.9122 49 613 4 4 7A 504,60E Soot*Ms 11.50 110991#Ai 479**,6.144118. 7.25 4 YSap,a wtiYNR ha.a 0"It R 4t 41872 MN FY ANA tl1199AM® 995 AM In 4 It kNaa$150e9/ ,200 ill.x 0 i 92 A 105.,2Sr&i OKW:/ 625 2 A 14 A A 5.7219R4e8*Opts 1195 91• 70 4 0(k4ir05f9p,0,5,015,6242/ 1150 132140406118S..MP2o*9.0. •1•kN w._. 5196 424 4 4 l pMbitmh Loci Sp AA MM It 4 456ah59r Amp/ 10.50 Naito a r.9 on 4.42412227 BY 4;:ecer44.1149 SA 4f £ St %7.24/,60NR OM 731 Hn611#00.1 Mar Ileeeg S, 081104.410101 LK r Puri,.:llmstli 14 23 A M si 111091,14070sn Sao/ 7'1.25 eal:eh / 153 _ 1%4 A # Aei002519 131 Soups e.*XIA,n,*rl,i,,sr a 04x6/ 15 22 A 6 ARiip(n9 as S.o 1'125 1719 A 6111+.7 A PA RRW,04. Ow Mama 7.75 P 431 3 c4A3L 00 ra Fa MhlYb a44e 18 91 6 9 60 pp MilgAw Sw Wa lass 4.1 1 4 A faealt,aor 52:51¢ 1. 7219 Y 9 itNO NI Ski 46!NA Sae IC.95 731 QRAR7l,n 4.15416 7.75 22 71 A#4 575s42.140e FY 90034.37,6 104 0.9 3 4 A 1px6sl/ 19 ' ,6.9 l 9 6 alt 6148*lpf/ 1535 II.*7544t V 1730 Ad WWI*Ow Yids 041 734 1461144101r445trc01(Wrrt Say ,Oss :4.3&44148,k,l,CUa.:,00.5et,0t.e,/ 115 131.30 a a RA41m44ow6 RAM/ 1134 IA*IS R29445104 Clow YOo fof a 4914 R 54110.4 Pc 04574 I.II 51.Ot 44108,*01,-a"Rn/10143.o/ 115 1A9 0f # 499ab.,A96Ma.5.a/ 1135 Nil P4Mpa00 all 1a'0 4 A A Ira 4.92104*Sag in 52.* It R 4 Pe∎*40ng5074 Stu 925 101.1. 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O I as !�zI. . 1 ---I .,.,,`�� '. 4823.04 -, i6 luo--1 I '- I u . ' La . ----, -r�--! -- -Il ` ' ▪ - �r 3 r ', F . A ust,Ild i - 41 r1'Itd:::.. 'I . . �I, x 111;j-` i ' -.� taws z •p• ed#B• H11g S'eato�l lAtok � a i s . 1 I ,_�"`�r..-1, 17- - I '= 'H - r=:1114_. a � � I 0 1 =I E 1--rra l 1� I IC III• .` ,�' I I• ' o !T-- I„ 4322.02 1 I 1117 I , i �•' II,,,111 ,IIU '1� .. ' �,tiU_ nr 1III�1h, �r= .1 4329.02 1;,,,,,,. ___ .4,,,, g., . „, % ' Ilr -I ., . _ �* 1 - 300 I' 'II I .' ' 1 I o.' o �ii,lU �1 I�II 'll I =- fe „' ;I ,I ft-W 11= fll, ;hL1; JI _ ii o a -i - = I I i�' III- X11'' IIl'1II'��Illl IIII�;}�i it �' > 1 -t - -' •. ItII� ❑ I In, III1 II �I m E .:,1.--;.',7.2_17,---4.,F.I � -IT'I 11�L-I.IIII< IIII�?Ill4�i+,-, E 1 11 � (1-.;' ui,. l�nu,l . , 'Il,illllli! lil!'><(�'I ' 11 Iii i� s a ►r-�T 7 F •T � ���� -• ',kilt,i� 1 'A 7 1 I II-, • • I'll °1 c 1 a 2 iiki lk q�] ® �/. trtp a-II I �,:1!.-. 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Ak,,, , e}NIl ty0 'iio 5300. ^ g1a/. 6;. ` :1; \'''''. il 7 Legend City Boundary Census Tract No. 4336.02 4825.02 ∎,'■.,∎• Rosemead City Boundary 4322.01 4813:00 4825.03 City Streets 4322.02 4823.03 4925.21 License Type EXHIBIT E 4329.01 4823.04 4925.22 o 20 Type 20-Off Sale Beer 8 Wine(Package Stare) 4329.02 4824.01 5300.03 I • 40 Type 40-On Sale Beer(Bar, Tavern) 4336,01 482'4.02 O 21 Type 2; -Off Sale General(Package Stare) "i } • 41 Type 41 -On Sale Bear&Ili ie(Restaurant) 0 70 Type 70 - On Sale,Resfnetlre Service(xoterl OS C L Ei\ • 47 Type 47-On Sale General(Resfattr&nil • 48 Type 48-On Safe General(Bar,Wight Cfub;l