PC - 2021-15 - Approving Conditional Use Permit 21-02, permitting a new on-sale general (Type 47) ABC license in conjunction with a bona fide sit-down restaurant at 8118 Garvey Avenue, Suite A (APN: 5284-001-030), in the GSP-MU Zone.PC RESOLUTION 21-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 21-02, PERMITTING A NEW
ON -SALE GENERAL (TYPE 47 - BEER, WINE, AND DISTILLED
SPIRITS) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE SIT-
DOWN RESTAURANT AT 8118 GARVEY AVENUE, SUITE A (APN:
5284-001-030), IN THE GARVEY AVENUE SPECIFIC PLAN,
INCENTIVIZED MIXED-USE (GSP-MU) ZONE.
WHEREAS, on July 27, 2021, Danny Ma, representing Blooming VIP Restaurant
submitted a Conditional Use Permit application requesting approval for a new new On -
Sale General (Type 47 - Beer, Wine, and Distilled Spirits) Alcoholic Beverage Control
(ABC) license in conjunction with a bona fide sit-down restaurant, located at 8118 Garvey
Avenue, Suite A;
WHEREAS, 8118 Garvey Avenue, Suite A, is located in the Garvey Avenue
Specific Plan, Incentivized Mixed -Use (GSP-MU) zone;
WHEREAS, Sections 17.132.040 and 17.30.040(E)(2) of the Rosemead Municipal
Code provide 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 23, 2021, eighty-seven (87) 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 21-02;
WHEREAS, on October 4, 2021, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use
Permit 21-02; 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 21-02 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. Accordingly, Conditional Use Permit 21-02 is classified as a Class 1
Categorical Exemption, pursuant to Section 15301 of the California Environmental Quality
Act.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Conditional Use Permit 21-02, 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 General (Type 47- Beer,
Wine, and Distilled Spirits) ABC license in conjunction with a bona fide sit-down restaurant
will not be incompatible or injurious to the existing properties and land uses in the vicinity
of the subject restaurant. The proposed restaurant will continue to be the primary land
use of the location. The number of on -sale ABC licenses allowed in the subject census
tract (No. 4825.03) is four. Currently, the subject census tract has five existing on -sale
ABC licenses. Although ABC has found the subject census tract to be overconcentrated
with on -sale licenses, the City has determined that approving the application for an
additional On -Sale General (Type 47- Beer, Wine, and Distilled Spirits) ABC license
would not create conditions materially detrimental to the public health, safety and general
welfare. After reviewing statistics pertaining to crime and calls for services related to the
project site and corresponding reporting districts from January 1, 2018 through August
16, 2021, 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. The proposal would only restablish the use as a
restaurant with an ABC license.
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.
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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
existing or former use. In addition, Section 15309 exempts projects consisting of activities
limited entirely to inspections, to check for the performance of an operation, or the quality,
health, or safety of a project, including related activities such as inspection for possible
mislabeling, misrepresentation, or adulteration of products. Accordingly, Conditional Use
Permit 21-02 is classified as Class 1 and Class 9 Categorical Exemptions, pursuant to
Sections 15301 and 15309 of the California Environmental Quality Act.
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 proposed restaurant is a permitted use and the applicant is not
proposing any new development. The proposal would only restablish the use as a
restaurant with an ABC license.
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 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 304.9, while the total number of offenses in the subject crime
reporting district is 622.
After reviewing statistics pertaining to crime and calls for service related to the
project site and corresponding reporting districts from January 1, 2018 through August
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16, 2021, the Chief of Police provided the following alcohol-related crime statistics and
did not note concerns associated with the proposed project. However, the Chief of Police
has recommended conditions of approval, which are included in Attachment "A".
Reporting District
0532
0531
0533
(Adjoining
(Adjoining
Reporting
Reporting
District)
District
Alcohol -Related Crimes
80
30
102
(January 1, 2018 —August 16, 2021)
Residential zoning districts are generally located to the rear of the commercial
zoning districts along Garvey Avenue.
The serving of beer, wine, and distilled spirits as an ancillary use to a full service
sit-down restaurant will not cause obstructions to pedestrian traffic, vehicular traffic, or
parking. The applicant has provided a security plan and the Chief of Police has reviewed
the plan to 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 also 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. Per RMC Section
17.30.040(C)(5)(a), owners, operators, and managers of establishments selling alcoholic
beverages shall complete a Licensee Education on Alcohol and Drugs (LEAD) program
sponsored by the Department of Alcoholic Beverage Control. Conditions of Approvals
have been incorporated to ensure these requirements are met.
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 21-02 for a new On -Sale General (Type 47- Beer, Wine, and Distilled Spirits) ABC
license on conjunction with a bona fide sit-down restaurant at 8118 Garvey Avenue, Suite
A, and subject to conditions listed in Attachment "A" attached here to 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 October 4, 2021, by the following vote:
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AYES:
BERRY, LEUNG, LOPEZ, TANG, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
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 4t" day of October, 2021.
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 4t" day of
October, 2021, by the following vote:
AYES:
BERRY, LEUNG, LOPEZ, TANG, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
Mark Persico, ecretary
OVED ASO
Kane Thuyen, Planning Commission A orney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PC RESOLUTION 21-15)
CONDITIONAL USE PERMIT 21-02
8118 Garvey Avenue, SUITE A
(APN: 5284-001-030)
CONDITIONS OF APPROVAL
OCTOBER 4, 2021
Standard Conditions of Approvals
1. Conditional Use Permit 21-02 ("Project") is approved for a new On -Sale General
(Type 47- Beer, Wine, and Distilled Spirits) ABC license in conjunction with a bona
fide sit-down restaurant at 8118 Garvey Avenue, Suite A in accordance with the
plans marked Exhibit "B", dated September 22, 2021. 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 aside,
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 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.
13. 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.
14. 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.
15. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Project Specific Conditions of Approval
16. The site shall be maintained in a graffiti -free state. Any new graffiti shall be
removed within twenty-four (24) hours.
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17. 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.
18. 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.
19. The sale of alcoholic beverages shall be incidental to the sales of food. No lounge
area may be constructed without prior approval. 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 21-
02 is for an On -Sale General (Type 47- Beer, Wine, and Distilled Spirits) ABC
license in conjunction with a bona fide sit-down restaurant only.
20. 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.
21. Interior and exterior lighting shall be maintained at an illumination level that is
typical and appropriate for a family restaurant.
22. 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.
23. 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.
24. The hours of operation shall be posted in the front window or door. Hours of
operation shall be limited to 8:00 a.m. through 12:00 a.m., 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.
25. 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.
26. The sale, possession, and consumption of alcoholic beverage(s) shall be limited
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to the indoor areas of the approved restaurant.
27. The restaurant shall install and maintain anti -graffiti paint and anti -etching film on
the windows of the restaurant building.
28. All owners, operators, and managers of establishments selling alcoholic
beverages shall complete a Licensee Education on Alcohol and Drugs (LEAD)
program sponsored by the Department of Alcoholic Beverage Control.
29. Any outdoor storage associated with the use is expressly prohibited on the
premises.
30. All alcohol shall be stored and displayed away from the restaurant counter and
areas accessible to the public.
Chief of Police Conditions of Approval
31. 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; and
e. General floor area
32. The video surveillance shall be stored for a minimum of 30 days and be made
available to law enforcement and code enforcement upon request.
33. The parking lot and exterior of the business shall maintain good lighting during
hours of darkness.
34. If warranted on the basis of the City of Rosemead Public Safety Department or Los
Angeles County Sheriff's Department incident reports, the City shall have the right
to require additional security measures.
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