PC - 2017-02 - Approving conditonal use permit 16-09, permitting a new on-sale type 47 ABC license for Lucille's Smokehouse and BBQ PC RESOLUTION 17-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 16-09, PERMITTING A NEW
ON-SALE TYPE 47 (BEER, WINE, AND DISTILLED SPIRITS) ABC
LICENSE FOR LUCILLE'S SMOKEHOUSE BAR-B-QUE, LOCATED AT
1870 MONTEBELLO TOWN CENTER DRIVE (APN: 5271-100-060) IN A
C-3 (MEDIUM COMMERCIAL) ZONE.
WHEREAS, on November 23, 2016, Bard Associates, LLC submitted a
Conditional Use Permit application requesting approval for a new On-Sale Type 47 (beer,
wine, and distilled spirits) ABC license in conjunction with a bona fide public eating
establishment, located at 1870 Montebello Town Center Drive;
WHEREAS, 1870 Montebello Town Center Drive is located in a C-3 (Medium
Commercial) 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 January 26, 2017, three (3) 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 16-09;
WHEREAS, on February 6, 2017, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 16-09; 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 16-09 is classified as a Class 9 Categorical Exemption, pursuant to Section
15309 of California Environmental Quality Act guidelines. Section 15309 of the California
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Environmental Quality Act(CEQA) guidelines exempts projects that consist of inspections
to check for the performance of an operation, or for quality, health, or safety of a project.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Conditional Use Permit 16-09, 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 Type 47 (beer, wine, and
distilled spirits) 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. Three of the four alcohol licenses issued in census tract are for
restaurants located within this shopping center. 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. In addition, the former Chief of Police found no noted
concerns associated with the proposed project after reviewing statistics pertaining to
crime and calls for service related to the project site and corresponding reporting districts
from December 1, 2014 through December 1, 2016.
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 district in the City.
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 15309 of the California Environmental Quality Act (CEQA)
guidelines exempts projects that consist of inspections to check for the performance of
an operation, or for quality, health, or safety of a project. Accordingly, Conditional Use
Permit 16-09 is classified as a Class 9 Categorical Exemption pursuant to Section 15309
of CEQA guidelines.
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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: According to Building and Safety Division records, building permits were
issued to Lucille's Smokehouse Bar-B-Que on January 9, 2017 for the construction of a
7,000 square foot restaurant with a 1,200 square foot outdoor dining area. The
development is consistent with the goals and objectives of the applicable standards in the
C-3 (Medium Commercial) zone and Commercial land use designation.
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. 0535), 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 305.
According to the California Department of Alcoholic Beverage Control, the subject site is
located in a high crime reporting district (No. 0535), 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 305.
After reviewing statistics pertaining to crime and calls for service related to the project site
and corresponding reporting districts from December 1, 2014 through December 1, 2016,
the former Chief of Police did not note any concerns associated with the proposed project.
However, the former Chief of Police has recommended conditions of approval, which are
included in Attachment"A".
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Reporting 0534 1 0533 0531 0532 0536
District 0535 (Adjoining (Adjoining (Additional (Additional (Additional
Reporting Reporting Reporting Reporting Reporting
District) District) District) District) District)
Alcohol-
Related 5 15 50 13 19 0
Crimes
Lucille's Smokehouse Bar-B-Que requires all servers and bartenders to go through
extensive training and testing for responsible alcohol service. Their Beverage Training
Manual is attached as Exhibit "F". Once the training program is completed, servers and
bartenders must complete a "Responsible Alcohol Service Quiz." In addition to the
extensive training program, Lucille's Smokehouse Bar-B-Que will install at least 20
cameras viewing the interior and exterior of the premises. The Shops at Montebello is
also secured with 19 exterior video cameras on 24-hour surveillance and two to six
security guards on duty at any given time.
There are no existing schools, parks, or places of religious worship within 1,000 feet of
the project site. The closest school to the subject property is Don Bosco Technical
Institute, located at 1151 San Gabriel Boulevard. The nearest park is Triangle Park,
located at the northeast corner of Walnut Grove Avenue and San Gabriel Boulevard. The
closest church is Evergreen Baptist Church, located at 1255 San Gabriel Boulevard.
Given that there are no schools, parks, or churches located within 1,000 feet of the site,
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 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 16-09 for a new On-Sale Type 47 (beer, wine, and distilled spirits) ABC license for
Lucille's Smokehouse Bar-B-Que, located at 1870 Montebello Town Center Drive, 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 February 6, 2017, by the following vote:
AYES: DANG, ENG, HERRERA, LOPEZ, AND TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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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 6'h day of February, 2017.
CyjIYDaniel
-/‘ /‘Lopha.
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 6th day of
February, 2017, by the following vote:
AYES: DANG, ENG, HERRERA, LOPEZ, AND TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
,Iut' a blAl
(�r� Michelle Ramirez, Sec ary
APPRO AS TO Ft
Gre o �phy, PlanningPnCo •" ssion Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PC RESOLUTION 17-02)
CONDITIONAL USE PERMIT 16-09
1870 MONTEBELLO TOWN CENTER DRIVE
(APN: 5271-100-060)
CONDITIONS OF APPROVAL
FEBRUARY 6, 2017
Standard Conditions of Approvals
1. Conditional Use Permit 16-09 ("Project") is approved for a new on-sale 47 (beer,
wine, and distilled spirits) ABC license in conjunction with Lucille's Smokehouse
Bar-B-Que, located at 1870 Montebello Town Center Drive, in accordance with the
plans marked Exhibit"B", dated November 28, 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.
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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. The site shall be maintained in a graffiti-free state. Any new graffiti shall be
removed within 24 hours. A 24-hour, Graffiti Hotline can be called at (626) 569-
2345 for assistance.
12. The site shall be maintained in a clean, weed, and litter free state in accordance
with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which pertains
to the storage, accumulation, collection, and disposal of garbage, rubbish, trash,
and debris. 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.
13. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Project Specific Conditions of Approval
14. The hours of operation shall be posted in the front window or door. Hours of
operation shall be limited to 11:00 a.m. to 11:00 p.m., Sunday through Thursday
and 11:00 a.m. to 12:00 a.m. (midnight), Friday and Saturday. The Planning
Commission 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.
15. The sale of alcoholic beverages shall be incidental to the sales of food. All
requirements and appropriate licenses of the State of California and California
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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 16-09 is only for an On-sale Type 47 ABC
license in conjunction with a bona fide public eating establishment only.
16. 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. 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
17. Interior lighting shall be maintained at an illumination level that is typical and
appropriate for a family restaurant.
18. A current letter grade issued to the business by the LA County Department of
Health Services shall be properly posted at the restaurant in compliance with the
LA County Department of Health Services requirements.
19. No advertisements or illuminated signs shall be displayed that are visible from the
exterior of the restaurant which advertises alcoholic beverages.
20. If warranted on the basis of the City of Rosemead Public Safety or Los Angeles
County Sheriffs Department incident reports, the City shall have the right to require
additional security measures.
21. The sale, possession, and consumption of alcoholic beverage(s) shall be limited
to the indoor and outdoor dining areas of the approved restaurant.
Chief of Police Conditions of Approval
22. 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.
23. The video surveillance shall 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 shall maintain good lighting during
hours of darkness.
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