PC - 2017-11 - Approving Conditional Use Permit 17-01, permitting a new on-sale beer and wine (type 41) ABC license at 8766 Valley Blvd. PC RESOLUTION 17-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 17-01, PERMITTING A NEW
ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE IN
CONJUNCTION WITH A BONA FIDE PUBLIC EATING
ESTABLISHMENT AT 8766 VALLEY BOULEVARD (APN: 5390-010-
082), IN A MEDIUM COMMERCIAL WITH A DESIGN OVERLAY (C-3/D-
0) ZONE.
WHEREAS, on January 3, 2017, Chau Minh Le 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 8766
Valley Boulevard;
WHEREAS, 8766 Valley Boulevard is located in a Medium Commercial with a
Design Overlay (C-3/D-O) 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 May 25, 2017, thirty-eight (38) 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 17-01;
WHEREAS, on June 5, 2017, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 17-01; 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 17-01 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 (CEQA) guidelines exempts projects consisting of
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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 17-01, 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 May 1, 2016 through May 1, 2017, 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 (CEQA)
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,
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CUP 17-01 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301
of CEQA 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 use is existing and the applicant is not proposing to
increase the size of the existing building in conjunction with the Conditional Use Permit.
However, the applicant is proposing to construct a new trash enclosure that would be
consistent with the goals and objectives of the applicable standards and Design
Guidelines in the overlying district.
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. 0531), 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 256.10, while the total number of offenses in the subject crime
reporting district they had on file is 359.
After reviewing statistics pertaining to crime and calls for service related to the project
site and corresponding reporting districts from May 1, 2016 through May 1, 2017, the
Chief of Police provided the following alcohol-related crime statistics and 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 0531 0530 0532 0533 0535 0536
District (Adjoining
Reporting District)
Alcohol- 6 5 6 3 5 0
Related
Crimes ,
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Furthermore, the Chief of Police has provided information pertaining to the type and
location of alcohol-related crimes within the subject crime reporting district from May 1,
2016 to May 1, 2017. The six (6) alcohol-related crimes found in reporting district 0531
from May 1, 2016 through May 1, 2017 are listed in the chart below. No alcohol-related
crimes were reported for the project site within the aforementioned timeframe.
Type of Alcohol Related Crimes Location
Driving Under the Influence Valley Blvd. / Muscatel Ave.
Driving Under the Influence Rosemead Blvd. / Marshall St.
Driving Under the Influence Rosemead Blvd. / Marshall St.
Driving Under the Influence Rosemead Blvd. / Marshall St.
Driving Under the Influence 8444 Valley Blvd.
Driving Under the Influence 8712 Marshall St.
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 17-01 for a new On-Sale Beer and Wine (Type 41) ABC license in conjunction
with a bona fide public eating establishment at 8766 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 June 5, 2017, by the following vote:
AYES: DANG, ENG, HERERRA
NOES: NONE
ABSTAIN: NONE
ABSENT: LOPEZ, TANG
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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 5'h day of June, 20 .
406
Sir Da g, Vice-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 5'h day of June,
2017, by the following vote:
AYES: DANG, ENG, HERERRA
NOES: NONE
ABSTAIN: NONE
ABSENT: LOPEZ, TANG
Michelle Ramirez ecretary
APPROVED AST •
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PC RESOLUTION 17-11)
CONDITIONAL USE PERMIT 17-01
8766 VALLEY BOULEVARD
(APN: 5390-010-082)
CONDITIONS OF APPROVAL
JUNE 5, 2017
Standard Conditions of Approvals
1. Conditional Use Permit 17-01 ("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 8766 Valley Boulevard, in accordance with the plans marked
Exhibit "B", dated April 26, 2017. 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. 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 and Safety 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
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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 17-01 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.
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26. The hours of operation shall be posted in the front window or door. Hours of
operation shall be limited to 9:30 a.m. to 9:30 p.m., seven (7) days a week. 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 alcohol shall be stored and displayed away from the restaurant counter and
areas accessible to the public.
33. Any unapproved parking stalls shall be removed. The parking lot configuration
shall reflect the approved site plan marked Exhibit "B".
Chief of Police Conditions of Approval
34. 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;
d. Office and cashier areas;
e. General floor area.
35. The video surveillance shall be stored for a minimum of 30 days and be made
available to law enforcement and code enforcement upon request.
36. The parking lot and exterior of the business shall maintain good lighting during
hours of darkness.
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