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PC - 2022-08 - Approving Conditional Use Permit 22-04, 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 4501 Rosemead Blvd (APN: 5389-017-021), In The MediumPC RESOLUTION 22-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 22-04, 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 4501 ROSEMEAD BOULEVARD (APN: 5389-017- 021), IN THE MEDIUM COMMERCIAL (C-3) ZONE. WHEREAS, on December 5, 2022, Li Shou Ma of Boston Lobster, Inc. submitted a Conditional Use Permit application requesting approval for a new On -Sale General (Type 47) Alcoholic Beverage Control (ABC) license in conjunction with a bona fide sit- down restaurant, located at 4501 Rosemead Boulevard; WHEREAS, 4501 Rosemead Boulevard is located in the Medium Commercial (C- 3) 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 December 8, 2022, forty-six (46) notice letters 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 22-04; WHEREAS, on December 19, 2022, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 22-04: 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 22-04 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 22-04 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 22-04, 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) 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 existing restaurant is currently operating with an On -Sale Beer and Wine (Type 41) license and the resturant use 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. 4322.02) is four. Currently, the subject census tract has one existing on -sale ABC license. The City has determined that approving the application for an additional On -Sale General (Type 47) 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 August 1, 2020 through July 31, 2022, the City's Sheriffs Department team did not note any concerns associated with the proposed project. B. The use is consistent with the General Plan. FINDING: The General Plan Land Use Designation of the subject site is Commercial. Business in Rosemead's commercial districts provide important services to residents and contribute substantially to the City's tax revenue base. In addition, the Commercial designation applies to retail and service centers along major arterials in the City. The restaurant is located on Rosemead Boulevard, which is considered a major arterial in the City's General Plan. Accordingly, the use will be located within an existing commercial development within an established commercial corridor. Furthermore, the project is in the C-3 zone, which is consistent with the Commercial land use designation as noted in Table 2-5 in the City's General Plan. C. The use is consistent with the provisions of this Zoning Code. FINDING: According to Section 17.30.040(E)(1) of the Rosemead Municipal Code, a Conditional Use Permit is required for any business that sells alcoholic beverages for on-site consumption. As conditioned, the project will be consistent with the provisions of the Zoning Code. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. FINDING: Section 15301 of the California Environmental Quality Act guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Accordingly, Conditional Use Permit 22-04 is classified as Class 1 Categorical Exemptions, 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 only requesting to upgrade the On -Sale Beer and Wine (Type 41) to a On -Sale General (Type 47) ABC license in conjunction with an existing bona fide sit-down restaurant. In addition, there are no 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 reporting district and adjacent reporting districts as compared to other areas in the City. • The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. • The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. • Whether or not the proposed modification will resolve any current objectable conditions. FINDING: According to the California Department of Alcoholic Beverage Control, the subject site is located in a high crime reporting district (No. 0530), which is distinguished as a crime reporting district with at least 20% greater number of reported crimes than the average number of reported crimes, as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. The California Department of Alcoholic Beverage Control indicated that 120% of the average number of offenses is 457.8, while the total number of offenses in the subject crime reporting district is 566. After reviewing statistics pertaining to crime and calls for service related to the project site from August 1, 2020 through July 31, 2022, the City's Sheriffs Department team provided the following alcohol-related crime statistics and did not note concerns associated with the proposed project. Furthermore, the City's Sheriffs Department team indicated that the crimes in the reporting district would be sufficient as the statistics for the adjoining reporting districts would not accurately compare to the reporting district that the business is located. The City's Sheriffs Department team has recommended conditions of approval, which are included in Exhibit "A". Reporting District 0530 Alcohol -Related Crimes 22 (August 1, 2020 — July 31, 2022 The existing restaurant adjoins residential uses to the west and south. However, staff feels that the residential uses would not be affected due to the existing walls that separate the project site as well as security cameras that are placed at the exterior building of the restaurant. Although the restaurant is within 1,000 feet of a high school, it is enclosed by chain-link and wrought -iron fencing and the closest building is within the school approximately 560 feet from the site. In addition, the restaurant's daily hours of operation of 11:00 a.m. to 9:00 p.m. would not interfere with the school's hours, which is from 7:30 a.m. to 3:30 p.m. In addition, in 2015, a On -Sale General (Type 47) ABC license was issued to Moonlight Restaurant and Bar with hours of operation from 11:00 a.m. to 2:00 a.m, and yielded no issues. Approval of the request to upgrade the current On -Sale Beer and Wine (Type 41) ABC License to an On -Sale General (Type 47) ABC license in conjunction with a bona fide sit- down restaurant will not cause obstructions to pedestrian traffic, vehicular traffic, or parking. The applicant has an existing security plan and the City's Sheriffs Department team 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 has also been 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. In addition, all owners, operators, and managers of establishments selling alcoholic beverages have completed 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 still in place. 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 22-04 for a new On -Sale General (Type 47) ABC license on conjunction with a bona fide sit-down restaurant at 4501 Rosmead Boulevard 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 December 19, 2022, by the following vote: AYES: BERRY, ESCOBAR, 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 19th day of December, 2022. 0--'a Daniel't6pez, ai 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 December, 2022, by the following vote: AYES: NOES: ABSTAIN ABSENT: BERRY, ESCOBAR, LOPEZ, TANG, AND UNG NONE NONE NONE APPROVED AS TO FORM: Stephanie Gutierrez, Planning Com irof s� Attorney Burke, Williams & Sorensen, LLP ATTACHMENT"A" (PC RESOLUTION 22-08) CONDITIONAL USE PERMIT 22-04 4501 ROSEMEAD BOULEVARD (APN: 5389-017-021) CONDITIONS OF APPROVAL DECEMNER 19, 2022 Standard Conditions of Approvals 1. Conditional Use Permit 22-04 ("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 4501 Rosemead Boulevard in accordance with the plans marked Exhibit "B", dated December 5, 2022. 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. 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 Per Rosemead Municipal Code Section 8.44.050, the site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty-four (24) hours. 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 22- 04 is for an On -Sale General (Type 47) 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 11:00 a.m. through 11:00 p.m., 7 days a week. The Planning Commission hereby authorizes the City's Sheriffs Department team 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 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. 31. Any proposed outdoor dining area shall be submitted to the Planning Division for review and approval. City's Sheriff's Department team Conditions of Approval 32. 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 33. The video surveillance shall be stored for a minimum of 30 days and be made available to law enforcement and code enforcement upon request. 34. The parking lot and exterior of the business shall maintain good lighting during hours of darkness. The applicant shall provide justification showing how sufficient lighting will be maintained. 35. If warranted on the basis of the City of Rosemead Public Safety Department or Los Angeles County Sheriffs Department incident reports, the City shall have the right to require additional security measures.