PC - 2024-03 – Approve CUP 23-02 & Public Convenience or Necessity 23-01, Permitting A Live Music & Dance Lounge w/ a New On-Sale Beer & Wine – Public Premise (Type 42) ABC License Located at 9518 Valley Blvd, Unit #110 (APN: 5371-010-803 & 5371-010-805)PC RESOLUTION 24-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 23-02 AND PUBLIC
CONVENIENCE OR NECESSITY 23-01, PERMITTING A LIVE MUSIC
AND DANCE LOUNGE WITH A NEW ON -SALE BEER AND WINE —
PUBLIC PREMISE (TYPE 42) ALCOHOLIC BEVERAGE CONTROL
(ABC) LICENSE LOCATED AT 8518 VALLEY BOULEVARD, UNIT #110
(APN: 5371-010-803 AND 5371-010-805), IN THE MEDIUM
COMMERCIAL WITH A DESIGN OVERLAY (C -3/D-0) ZONE.
WHEREAS, on August 3, 2023, Gia Trieu submitted an application for a
Conditional Use Permit and Public Convenience or Necessity to establish a live music
and dance lounge with a new On -Sale Beer and Wine — Public Premise (Type 42)
Alcoholic Beverage Control (ABC) License at 8518 Valley Boulevard, Unit #110;
WHEREAS, 8518 Valley Boulevard, Unit #110 is located in a Medium Commercial
with a Design Overlay (C -3/D -O) zoning district;
WHEREAS, Table 17.16.020.1 of the Rosemead Municipal requires a Conditional
Use Permit to establish a live music and dance lounge with a new On -Sale Beer and Wine
— Public Premise (Type 42) Alcoholic Beverage Control (ABC) License within a C-3 zone;
WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the
criteria for a Conditional Use Permit;
WHEREAS, City Council Resolution No. 2010-34 establishes the following criteria
for evaluating whether public convenience or necessity will be served by the issuance of
an on -sale or an off -sale alcohol license when an undue concentration of alcohol licenses
or reported crimes exists;
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 March 7, 2023, ninety (90) 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 23-02 and Public Convenience or Necessity 23-01;
WHEREAS, on March 18, 2024, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use
Permit 23-02; and
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WHEREAS, the Rosemeaa Pianning Commission nas sufficiently consiaerea ah
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 23-02 and Public Convenience or Necessity 23-01 are classified as a Class
1 Categorical Exemptions, pursuant to Section 15301 of the 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 23-02, in accordance with
Section 17.132.040 of the Rosemead Municipal Code as follows:
FINDING 1: Approval of the application will not be or 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.
FACT: The proposed live music and dance lounge with a new On -Sale Beer and
Wine — Public Premise (Type 42) Alcoholic Beverage Control (ABC) License is located
within an established commercial corridor that currently contains a variety of other
commercial uses such as restaurants, retail, and offices. Conditions of approval
pertaining to noise, hours of operation, and Responsible Beverage Service (RBS) training
for managers and employees have been added for the protection of public health, safety,
and general welfare. A security plan was reviewed and approved by the City of
Rosemead's Chief of Police. This implementation will protect the properties and land uses
in the vicinity. As such, the project will not create any foreseeable significant negative
impacts to the vicinity of the project site.
FINDING 2: The use is consistent with the General Plan.
FACT: The General Plan designation for the project site is commercial and the
proposed use is in conformity with the General Plan. The proposed use is located within
an existing commercial shopping center and is complementary to the existing businesses
surrounding the property.
FINDING 3: The use is consistent with the provisions of this Zoning Code.
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FACT: The use is consistent min the appiicaoie provisions of the Zoning Cooe.
The project has satisfied all of the applicable minimum requirements of the Zoning Code.
FINDING 4: Processing and approval of the permit application are in compliance
with the requirements of the California Environmental Quality Act.
FACT: 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 23-02 and Public Convenience or Necessity application 23-01 is classified as a
Class 1 Categorical Exemption, pursuant to Section 15301 of California Environmental
Quality Act guidelines.
FINDING 5: 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.
FACT: The project does not include any new development. The structure is
existing and the applicant is only requesting to modify the interior tenant space to operate
a live music and dance lounge with a new On -Sale Beer and Wine — Public Premise (Type
42) Alcoholic Beverage Control (ABC) License.
SECTION 3. City Council Resolution No. 2010-34 establishes the following criteria
for evaluating whether public convenience or necessity will be served by the issuance of
an on -sale or an off -sale alcohol license when an undue concentration of alcohol licenses
or reported crimes exists:
FINDING 1: Whether the issuance involves an existing business with a license
which is being transferred to a new location, and which will not result in an increase in the
total number of off -sale retail liquor licenses or on -sale retail liquor licenses in the City, or
in the census tract in which the business would be located;
FACT: The will be no net increase in the total number of off -sale retail liquor license
or on -sale retail licenses in the City as there are currently two surrendered Alcoholic
Beverage Control (ABC) Licenses within the City of Rosemead (Boston Lobster — Type
41 and 7 -Eleven Inc. — Type 20). Granting of Public Convenience or Necessity 23-01 will
result in a net loss of one ABC license.
FINDING 2: Whether the business, by reason of its location, character, manner or
method of operation, merchandise, or potential clientele, will serve a segment of the City's
businesses or residents not presently being served;
FACT: Currently, there are no existing live music and dance lounges with a On -
Sale Beer and Wine — Public Premise (Type 42) Alcoholic Beverage Control (ABC)
License in the City. Tne use is iocateci witnin an estaciusnea commercial corriaor and is
compatible with other uses in the vicinity which includes restaurants, retail, and offices.
The use will serve as entertainment for residents as well as patrons and employees of
the businesses in the surrounding vicinity. Conditions of approval pertaining to noise,
hours of operation, and Responsible Beverage Service (RBS) training for managers and
employees have been added for the protection of public health, safety, and general
welfare. The general sale of alcoholic beverages within the establishment will provide
added convenience to the general public as it will complement the live music and dance
lounge.
FINDING 3: Whether the business will be located within 1000 -foot radius of
incompatible land uses such as public and private schools, day care centers, churches,
parks and alcohol rehabilitation centers and facilities designed to operate and serve
minors;
FACT: There are currently two schools and one place of religious worship that are
within 1,000 feet of the project site. Emma W. Shuey Elementary School is located
approximately 391 square feet north of the project site. Rosemead College and
Rosemead Christian Church are located on the same parcel, approximately 780 feet
away from the project site. The hours of operation for the live music and dance lounge
and the neighboring schools and places of religious worship do not coincide. While the
school is within 1,000 feet of the site, the school's buildings are located away from the
project site and oriented towards Wells Street. The closest building is approximately 1,176
feet from the site. In addition, the school is enclosed by chain-link and wrought -iron
fencing. There are existing restaurants within the surrounding vicinity that serve alcohol
with hours of operation that coincide with the neighboring schools and places of religious
worship and have yielded no issues. Staff does not believe there will be any adverse
impacts on the surrounding community as Conditions of approval pertaining to noise,
hours of operation, and Responsible Beverage Service (RBS) training for managers and
employees have been added for the protection of public health, safety, and general
welfare. A security plan was reviewed and approved by the City of Rosemead's Chief of
Police. This implementation will protect the properties and land uses in the vicinity. As
such, the project will not create any foreseeable significant negative impacts to the vicinity
of the project site.
FINDING 4: Whether the location of the business will be in a crime data area
covered by Sheriff Department statistics, which has a twenty percent (20%) greater
number of "reported crimes" than the average number of report crimes for all the crime
data areas in the City, over the previous year. For this purpose, "reported crimes" means
reported offenses of criminal homicide, forcible rape, robbery, aggravated assault,
burglary, larceny theft, and motor vehicle theft, combined with all other arrests for other
misdemeanor or felony crimes, except traffic citations;
FACT: Based on statistics provided by the State Department of Alcohol Beverage
Control, the subject site is located in a high crime area that is covered by Temple City
Sheriff Station's statistics. After reviewing all relevant data, the Chief of Police did not
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note any concerns associatea witn the appiicants request. in addition, specific conditions
pertaining to noise, hours of operation, and Responsible Beverage Service (RBS) training
for managers and employees have been added to ensure all requirements and
appropriate licenses of the State of California and its Department of Alcohol Beverage
Control shall be complied with and maintained at all times. A security plan was reviewed
and approved by the City of Rosemead's Chief of Police. This implementation will protect
the properties and land uses in the vicinity and With the Conditions of Approval being
actively enforced, it is not anticipated that the sale of beer and wine will exacerbate levels
of crime or be a magnet for criminal activity. The modest selection will be tailored to
provide a safe, convenient alternative to meet the needs of the consumer base.
FINDING 5: Whether the issuance of the license involves an existing business,
which has been located at a site which has had three or more "reported crimes" within the
previous one year period. For this purpose, "reported crimes" means reported offenses
of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft,
and motor vehicle theft, combined with all other arrests for other misdemeanor or felony
crimes, except traffic citations.
FACT: According to the crime reports provided by the Chief of Police, 8518 Valley
Boulevard, Unit 110 has had zero "reported crimes" from January to November of 2023.
After reviewing all relevant data, the Chief of Police did not note any concerns associated
with the applicant's request. Conditions of Approval will be actively enforced to mitigate
any negative impacts to the neighborhood with regards to the On -Sale Beer and Wine —
Public Premise (Type 42) Alcoholic Beverage Control (ABC) License. Such conditions
require the live music and dance lounge to maintain a 24-hour video surveillance
recording system, the storage of the video surveillance for a minimum of 30 days, and
good lighting during hours of darkness.
FINDING 6: Whether the issuance of the license would enhance or facilitate the
vitality of an existing commercial area without being detrimental to the health, safety, and
welfare of the community;
FACT: Currently, there are no existing live music and dance lounges with a On -
Sale Beer and Wine — Public Premise (Type 42) Alcoholic Beverage Control (ABC)
License in the City. The use is located within an established commercial corridor and is
compatible with other uses in the vicinity which includes restaurants, retail, and offices.
The use will serve as entertainment for residents as well as patrons and employees of
the businesses in the surrounding vicinity. The sale of beer and wine within the
establishment will provide added convenience to the general public as it will complement
the live music and dance lounge and enhance the vitality of the commercial area. The
issuance of the license would not be detrimental to the health, safety, and welfare of the
community. The beer and wine will be secured in a storage room that is located towards
the rear of the unit. The employees will have extensive security measures, training, strict
policies for sales, age limit monitoring, facility monitoring, and security cameras to help
protect the property and improvements in the neighborhood. Conditions of approval
pertaining to noise, hours of operation, and Responsible Beverage Service (RBS) training
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for managers ana employees nave peen aaaea for ine proiecuon of public neaan, safety,
and general welfare. A security plan was reviewed and approved by the City of
Rosemead's Chief of Police. This implementation will protect the properties and land uses
in the vicinity. As such, the project will not create any foreseeable significant negative
impacts to the vicinity of the project site.
FINDING 7: Whether the off -sale of alcoholic beverages is incidental and
appurtenant to a larger retail use and provides a more complete and convenient shopping
experience;
FACT: Conditional Use Permit 23-02 and Public Convenience or Necessity 23-01
is a request to operate a live music and dance lounge with a new On -Sale Beer and Wine
— Public Premise (Type 42) Alcoholic Beverage Control (ABC) License. There will be no
off -sale of alcoholic beverages. The general sale of alcoholic beverages within the
establishment will provide added convenience to the general public as it will complement
the live music and dance lounge and enhance the vitality of the commercial area.
FINDING 8: Whether the issuance of the license will promote the goals and
policies of the City's General Plan, any applicable specific plan, or any similar policies
that have been formally adopted by the City Council; and
FACT: The Rosemead General Plan land use designation for the project site is
Commercial and the project site is zoned Medium Commercial with Design Overlay (C -
3/D -0). Per Rosemead General Plan, Table 2-5 (General Plan and Zoning Ordinance
Consistency Table), the project is consistent with the applicable General Plan Land Use
designations. Goal 2 of The Rosemead General Plan seeks to expand opportunities for
concentrated commercial and industrial uses that contribute jobs and tax revenues to the
community. The site is part of an existing shopping center that is located on a major
commercial corridor. Currently the unit is vacant. The issuance of a Public Convenience
or Necessity License will added convenience to the general public as it will complement
the live music and dance lounge and enhance the vitality of the shopping center.
Therefore, the use is in harmony with the General Plan's goals and is not detrimental to
the character of development in the immediate neighborhood. There are no applicable
specific plans for this geographic area of the City.
FINDING 9: Whether any other information supplied by the applicant, or other
competent evidence shows that the public convenience or necessity will be served by the
issuance of the license.
FACT: Currently, there are no existing live music and dance lounges with a On -
Sale Beer and Wine — Public Premise (Type 42) Alcoholic Beverage Control (ABC)
License in the City. The use is located within an established commercial corridor and is
compatible with other uses in the vicinity which includes restaurants, retail, and offices.
The use will serve as entertainment for residents as well as patrons and employees of
the businesses in the surrounding vicinity. The sale of beer and wine within the
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estabiisnment viii proviae adaea convenience to the general public as it viii complement
the live music and dance lounge and enhance the vitality of the commercial area.
The live music and dance lounge will employ a variety of security strategies to ensure the
safety of their customers as well as the surrounding vicinity. Security cameras and public
view monitors are installed to deter criminal activity and promote a safe environment. The
digital images captured from these devices are stored for up to 30 days on a recordable
video surveillance system and gives management the capability to share data with local
law enforcement agencies. The beer and wine.will be secured in a storage room that is
located towards the rear of the unit.
Beer and wine will be sold with a high degree of responsibility and conscientiousness.
Alcohol servers and managers of alcohol servers will be required to be Responsible
Beverage Service (RBS) certified by the California Department of Alcoholic Beverage
control. The program trains employees on policies, procedures, identifying characteristics
of minors, and policies and regulations specific to State law to ensure that the live music
and dance lounge is prepared and committed to safe and legal sale of age -restricted
products.
SECTION 4. The Planning Commission HEREBY APPROVES Conditional Use
Permit 23-02 and Public Convenience or Necessity application 23-01, permitting a live
music and dance lounge with a New On -Sale Beer and Wine — Public Premise (Type 42)
Alcoholic Beverage Control (ABC) license located at 8518 Valley Boulevard, Unit #110,
and subject to the conditions listed in Attachment "A" attached hereto and incorporated
herein by reference.
SECTION 5. 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 6. This resolution is the result of an action taken by the Planning
Commission on March 18, 2024, by the following vote:
AYES: BERRY, ESCOBAR, LOPEZ, AND UNG
NOES: NONE
ABSTAIN: NONE
ABSENT: TANG
rA
SECTION 7. 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 18th day of March 2024.
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 1811 day of March,
2024 by the following vote:
AYES:
BERRY, ESCOBAR, LOPEZ, AND UNG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
TANG
44:�V- SW
Stan Wong, Secretary
APPROVED AS TO FORM:
�9 A T)CC n�i.�
Step,_ nie Gutierrez, planning mmission Attorney
Burke, Williams & Sorensen, LLP
ATTACHMENT -X'
(PC RESOLUTION 24-03)
CONDITIONAL USE PERMIT 23-02 AND
PUBLIC CONVENIENCE OR NECESSITY 23-01
8518 VALLEY BOULEVARD, UNIT #110
(APN: 5371-010-803 AND 5371-010-805)
CONDITIONS OF APPROVAL
MARCH 18, 2024
Standard Conditions of Approvals
Conditional Use Permit 23-02 ("Project') is approved for the operation of a live
music and dance lounge with a new On -Sale Beer and Wine — Public Premise
(Type 42) Alcoholic Beverage Control (ABC) License, in accordance with the plans
marked Exhibit "B", dated March 6, 2024. 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, Public Works,
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.
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.
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10. Ali grouna ievei mecnanicauuviity equipment kinciuding meters, nacK 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.
Prosect Specific Conditions of Approval
18. No patrons under the age of 21 shall be permitted to enter the establishment.
19. Alcohol servers and managers of alcohol servers will be required to be
Responsible Beverage Service (RBS) certified by the California Department of
Alcoholic Beverage control. Proof of certification for all employees shall be
submitted to the Planning Division.
20. The sale, possession, and consumption of alcoholic beverage(s) shall be limited
to the indoor areas of the approved establishment.
21. No advertisements or illuminated signs that advertise alcoholic beverages shall be
displayed or made visible from the exterior of the establishment.
22. All alcohol shall be stored and displayed away from the restaurant counter and
areas accessible to the public.
23. No karaoke is permitted within the establishment.
24. The applicant shall comply with all applicable noise control sections of the
Rosemead Municipal Code.
25. There shall be a minimum clearance of five feet (free of any debris, storage,
furniture, etc.) from any electrical/mechanical equipment and/or emergency exits.
26. All proposed signs shall be reviewed and approved by the Planning and Building
and Safety Division. All proposed signage shall comply with the Rosemead
Municipal Code. Window signs shall not cover more than 15% of window and glass
door areas.
27. The site shall be maintained in a graffiti -free state. Any graffiti shall be removed
within twenty-four (24) hours.
28. The site shall be maintained in a clean, weed and litter free state.
29. All proposed tenant improvements shall be reviewed and approved by the Planning
and Building and Safety Divisions.
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City's Sheriff's Department Team Conditions of Approval
30. The establishment 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;
o Office and cashier areas; and
o General floor area
31. The video surveillance shall be stored for a minimum of 30 days and be made
available to law enforcement and code enforcement upon request.
32. The parking lot and exterior of the business shall maintain good lighting during
hours of darkness.
33. The hours of operation shall be limited from:
Sunday —
6:00 p.m.
to 12:00 a.m.
(Midnight)
Monday —
6:00 p.m.
to 12:00 a.m.
(Midnight)
Tuesday —
Closed
Wednesday —
Closed
Thursday —
6:00 p.m.
to 12:00 a.m.
(Midnight)
Friday —
6:00 p.m.
to 12:00 a.m.
(Midnight)
Saturday —
6:00 p.m.
to 12:00 a.m.
(Midnight)
34. If warranted, the Community Development Department, Public Safety Department,
or Los Angeles County Sheriffs Department shall have the right to modify the
hours of operation and require additional security measures.
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