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PC - Item 3A - Modification 14-02 and 14-03 at 3939 Rosemead Boulevard E M F s A .. � ° o ROSEMEAD PLANNING COMMISSION -T STAFF REPORT CIVIC PRIDE 4kbRPpRATED 04'9 TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: JANUARY 5, 2015 SUBJECT: MODIFICATION 14-02 AND 14-03 3939 ROSEMEAD BOULEVARD Summary Hui Dong He has submitted Modification applications requesting to modify Design Review 01-93 and Conditional Use Permit 01-840, to add 1,372 square feet to an existing 5,650 square foot restaurant. In addition, the applicant is requesting to expand the existing on- sale beer and wine (Type 41) ABC License into the added area. The subject site is located at 3939 Rosemead Boulevard in the CBD-D (Central Business District with a Design Overlay) zone. Environmental Determination: Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of operation, repair, maintenance, permitting, licensing, leasing or minor alteration of existing public or private structures involving negligible or no expansion of an existing use beyond that existing at the time of the Lead Agency's determination. Accordingly, Modification 14-02 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA guidelines. Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of inspections to check for the performance of an operation, or the quality, health, and safety of a project from environmental review. Accordingly, Conditional Use Permit 14-03 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines and therefore exempt from further environmental analysis. Staff Recommendation Based on the analysis and findings contained in this report, it is recommended that the Planning Commission ADOPT Resolution No. 14-20 (Exhibit "A") and APPROVE Modification 14-02 and 14-03 with findings, subject to thirty-five (35) conditions of approval outlined in Attachment "A" attached hereto. Property History and Description The subject site is located at the northwest corner of Rosemead Boulevard and Nevada Avenue. According to Building and Safety Division records, a restaurant was constructed in 1970 for the establishment of a Farrell's Ice Cream Parlor. According to Planning Division records, there are several entitlements for the subject site: CUP 81-238 was Planning Commission Meeting January 5,2015 Page 2 of 22 denied on April 20, 1982 for the operation of a 10-game machine arcade; CUP 83-254 was approved April 4, 1983 for the operation of an 18-game machine arcade; CUP 87-391 was approved on October 19, 1987 for the transfer of ownership of 18-game machine arcade in conjunction with a restaurant (changed from Farrell's to Dixieland); and Zone Variance 83- 105 was approved on April 4, 1983 for a variance to allow expanded hours of arcade operation and an age reduction for attendance personnel in conjunction with a CUP for a game arcade. CUP 87-391 was extended last October 16, 2000 for a period of two years. In 2001, the permit applicant closed the business operations operating as Dixieland Ice Cream Parlor. On August 20, 2001 , the Planning Commission approved Design Review 01-93, a facade renovation to the existing restaurant for Sea Harbour Seafood Restaurant. On October 1, 2001, the Planning Commission approved Conditional Use Permit 01-840, an on-sale beer and wine (Type 41) ABC license for Sea Harbor Seafood Restaurant. • 1 .�1 r._ East Elevation Site & Surrounding Land Uses The project site is designated in the General Plan as Commercial and on the zoning map it is designated CBD -D (Central Business District with a Design Overlay). The development is surrounded by the following land uses: Planning Commission Meeting January 5,2015 Page 3 of 22 North: General Plan: Commercial Zoning: CBD-D (Central Business District with a Design Overlay) Land Use: Commercial South: General Plan: Commercial Zoning: PO-D (Professional Office with a Design Overlay) Land Use: Commercial East: General Plan: Commercial Zoning: CBD-D (Central Business District with a Design Overlay) Land Use: Commercial West: General Plan: Commercial Zoning: CBD-D (Central Business District with a Design Overlay) Land Use: Driveway Administrative Analysis Site Plan As illustrated in "Exhibit B," the applicant is proposing to add 1,372 square feet to the existing 5,650 square foot building, totaling the building size to 7,022 square feet. Through this application, the applicant is proposing to provide much needed maintenance to the property, such as patching and restriping the parking lot area, rehabilitating all landscape planters, and repainting all walls and railings. In addition, the applicant will be modifying the existing trash enclosure to meet the City's current trash enclosure standards, which includes a solid roof cover with self-closing and self-latching doors. Floor Plan The single-story commercial building is currently developed as a restaurant. The existing floor plan includes the following: a lobby, dining area, VIP rooms, a kitchen, restrooms, storage areas, and an electrical room. The applicant is requesting to add 1,372 square feet which includes three new VIP rooms and a restroom. In addition, the applicant is proposing to make interior tenant improvements, which includes a new wall surrounding the lobby area and the expansion of the existing VIP room located at the northeast corner of the restaurant. Elevations As illustrated in the elevation plans in Exhibit "B", the addition will match the existing building in style, color, and materials. The applicant has indicated that they will repaint the exterior of the building as part of this proposal. In addition, staff has added a condition of approval requiring that all existing awnings be power-washed. Parking and Circulation Access to the site would be via two (2) existing driveway approaches along Rosemead Boulevard and Nevada Street. A total of seventy (70) parking spaces will be provided on Planning Commission Meeting January 5,2015 Page 4 of 22 site, which includes fifty-four (51) standard spaces, sixteen (16) compact spaces, and three (3) handicapped parking spaces. Per Rosemead Municipal Code (RMC) Table 17.112.040.1, restaurants more than 2,000 square feet of floor are required to have twenty (20) parking spaces for the first 2,000 square feet, plus one (1) parking space per 200 square feet thereafter. Since the restaurant has a combined floor area of 7,022 square feet, forty-five (45) parking spaces are required. The site plan indicates that the subject site has a surplus of twenty-five (25) parking spaces. Landscaping and Fencing The applicant has indicated that all existing fencing and railings will remain. As a condition of approval, the applicant is required to re-paint all block walls and railings. The applicant has also indicated that all existing landscape planters will remain. As a condition of approval, the applicant is required to rehabilitate and maintain all landscape planters throughout the subject site. Restaurant Operations The applicant is currently operating a full service Chinese restaurant. The daily hours of operation are currently 10:30 a.m. to 2:30 p.m. and 5:00 p.m. to 11:00 p.m., Monday through Friday, and 10:00 a.m. to 2:30 p.m. and 5:00 p.m. to 11:00 p.m., Saturday, Sunday, and holidays. State Department of Alcoholic Beverage Control (ABC) and Public Safety Report Staff has received a worksheet from the State Department of Alcoholic Beverage Control (ABC), which indicates that the subject restaurant is currently located in a census tract that has an "undue concentration" of on-sale beer and wine licenses. The number of allowable on-sale ABC licenses for this census tract is four (4). Currently, there are eight (8) authorized on-sale licenses for this census tract. Although the Department of Alcoholic Beverage Control has found that there is an "undue concentration" of on-sale beer and wine licenses for this census tract, the City of Rosemead can, as a policy matter, decide that clustering these uses is appropriate and a reasonable public policy and land-use decision. The Department of Alcoholic Beverage Control has also determined that this location is located in a high crime district. The City of Rosemead Public Safety Department found no unusual situations, concerns or incidences has occurred on the subject site. For these reasons, the Chief of Police has indicated that they are in support of the expansion of the restaurant, notwithstanding the ABC's finding. Neighborhood Complaints During the reviewing process, staff received complaints from a nearby resident, indicating that he had concerns regarding the restaurant's plan for expansion. The concerns include noise issues, maintenance of trash, and restaurant patrons parking on Nevada Street, blocking residents from entering their driveways. Staff communicated these concerns with the applicant's representative and got the resident in contact with them. Staff also placed the complaint with the Public Safety Department. To date the Planning Commission Meeting January 5,2015 Page 5 of 22 applicant's representative and the resident have resolved their concerns and the applicant is trying to establish a better relationship with the neighborhood (please see Exhibit "C"). Municipal Code Requirements Section 17.28.020(A1) of the Rosemead Municipal Code (RMC) states that design review procedures shall be followed for all improvements requiring a building permit or visible changes in form, texture, color, exterior façade or landscaping. Section 17.28.020(C) provides the criteria by which the Planning Commission may approve, approve with conditions, or disapprove an application: A. The plans indicate proper consideration for the relationship between the proposed structure and site developments that exist or have been approved for the general neighborhood; The proposed development is located within an established commercial district of the City. The addition will match the existing building in style, color, and materials. The applicant has indicated that they will repaint the exterior of the building as part of this proposal. In addition, staff has added a condition of approval requiring that all existing awnings be power-washed. The proposed project is consistent with the Goal 2, Policy 2.7 of the Land Use Element of the City's General Plan in that it calls for establishing and applying architectural design review to additions to commercial development. B. The plan for the proposed building and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations and other factors which may have an adverse effect on the environment, and the manner of screening mechanical equipment, trash, storage and loading areas; The applicant is maintaining all existing light fixtures. All lighting is fully shielded and directed downwards to mitigate glare on adjacent properties. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance. Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property. C. The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing buildings or site developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value; The addition will match the existing building in style, color, and materials. The applicant has indicated that they will repaint the exterior of the building as part of this proposal. The improvements to the site in terms of maintenance of the landscape planters, fencing and railings, and parking lot area will provide a marked Planning Commission Meeting January 5,2015 Page 6 of 22 improvement over the appearance of other buildings at the intersection of Nevada Street and Rosemead Boulevard. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size or style; The property is not part of the Civic Center Plan, precise plan or land reserved for public or educational use, so there is no special need to create harmony with the general area. Notwithstanding this, the addition will match the existing building in style, color, and materials. The applicant has indicated that they will repaint the exterior of the building as part of this proposal, as well as provide much needed maintenance to the property. E. The proposed development is in conformity with the standards of this Code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved; and This proposed development meets all of the minimum code requirements for the CBD-D (Central Business District with a Design Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal Code. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaires and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development from the view of public streets. Access to the site would be via two (2) existing driveway approaches along Rosemead Boulevard and Nevada Street. The parking lot is conveniently located to the rear of the building. All existing parking lot lighting is fully shielded and directed downwards to mitigate glare on adjacent properties. Lastly, this building renovation will improve the visual effect of the site from the view of the public streets, primarily Valley Boulevard. In addition, the improvements to the site in terms of maintenance of the landscape planters, fencing and railings, and parking lot area will provide a marked improvement over the appearance of other buildings at the intersection of Nevada Street and Rosemead Boulevard. Section 17.30.040(E) of the Rosemead Municipal Code allows on-sale alcohol licenses in upon the granting of a Conditional Use Permit by the Planning Commission. Rosemead Municipal Code Section 17.132.040 sets the following criteria that must be met: A. 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; Planning Commission Meeting January 5,2015 Page 7 of 22 Sea Harbour Seafood Restaurant is an existing restaurant requesting to expand their building area by 1,372 square feet. The site will be operated in accordance with applicable City regulations and is in conformity with the development in and around the project site. Regular site inspections by the State ABC and the City of Rosemead Public Safety Department will be conducted to ensure that the location is monitored for compliance with applicable local, state, and federal laws and shall not be detrimental to the public health, safety, and general welfare. In addition, conditions of approval have been added to protect the adjacent residential neighborhoods from being affected by this commercial establishment. B. The use is consistent with the General Plan; The proposed use is located within an established commercial district of the City and is designated Commercial in the General Plan. The addition will match the existing building in style, color, and materials. The applicant has indicated that they will repaint the exterior of the building as part of this proposal. In addition, staff has added a condition of approval requiring that all existing awnings be power-washed. The proposed project is consistent with the Goal 2, Policy 2.7 of the Land Use Element of the City's General Plan in that it calls for establishing and applying architectural design review to additions to commercial development. C. The use is consistent with the provisions of the Zoning Code; and This proposed development meets all of the minimum code requirements for the CBD-D (Central Business District with a Design Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal Code. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of operation, repair, maintenance, permitting, licensing, leasing or minor alteration of existing public or private structures involving negligible or no expansion of an existing use beyond that existing at the time of the Lead Agency's determination. Accordingly, Modification 14-02 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA guidelines. Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of inspections to check for the performance of an operation, or the quality, health, and safety of a project from environmental review. Accordingly, Conditional Use Permit 14-03 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines and therefore exempt from further environmental analysis. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to twenty-eight (28) property owners, publication in the Planning Commission Meeting January 5,2015 Page 8 of 22 Rosemead Reader, and postings of the notice at the six (6) public locations and on the subject site. Prepare. by: Submitte• o PP ► teA Lily Trinh Michelle Ramirez Associate Planner Community Development Director EXHIBITS: A. Resolution 14-20(with Attachment"A"—Conditions of Approval) B. Site Plan and Floor Plan C. Email from Applicant's Representative D. Map of On-Sale Alcohol Licenses E. Assessor Parcel Map(5390-012-067) Planning Commission Meeting January 5,2015 Page 9 of 22 EXHIBIT "A" PC RESOLUTION 14-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 14-02 AND 14-03, A REQUEST TO MODIFY DESIGN REVIEW 01-93 AND CONDITIONAL USE PERMIT 01-840, TO ADD 1,372 SQUARE FEET TO AN EXISTING 5,650 SQUARE FOOT RESTAURANT. IN ADDITION, THE APPLICANT IS REQUESTING TO EXPAND THE EXISTING ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE INTO THE ADDED AREA. THE SUBJECT SITE IS LOCATED IN THE CBD-D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE (APN: 5390-012-067). WHEREAS, on June 30, 2014, Hui Dong He filed Modification applications requesting to modify to modify Design Review 01-93 and Conditional Use Permit 01-840, to add 1 ,372 square feet to an existing 5,650 square foot restaurant. In addition, the applicant is requesting to expand the existing on-sale beer and wine (Type 41) ABC License into the added area. WHEREAS, 3939 Rosemead Boulevard is located in the CBD-D (Central Business District with a Design Overlay) zone; and WHEREAS, Section 17.28.020(C) provides the criteria by which the Planning Commission may approve, approve with conditions, or disapprove an application; and WHEREAS, Section 17.30.040(E) of the Rosemead Municipal Code allows on-sale alcohol licenses in upon the granting of a Conditional Use Permit by the Planning Commission. Section 17.132.040 sets criteria required for granting such a permit; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Sections 17.28.020(C) and 17.132.040 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or disapprove design review or conditional use permit applications; and WHEREAS, on December 24, 2014, twenty-eight (28) property owners, publication in the Rosemead Reader, and postings of the notice at the six (6) public locations and on the subject site; and WHEREAS, on January 5, 2015, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 14- 02 and 14-03; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination: Planning Commission Meeting January 5,2015 Page 10 of 22 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Modification 14-02 is Categorically Exempt under Class 1 of Section 15301 of the California Environmental Quality Act (CEQA) and local environmental guidelines. Projects consisting of operation, repair, maintenance, permitting, licensing, leasing or minor alteration of existing public or private structures involving negligible or no expansion of an existing use beyond that existing at the time of the Lead Agency's determination. Modification 14-03 is Categorically Exempt under Class 9 of Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of inspections to check for the performance of an operation, or the quality, health, and safety of a project from environmental review. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 14-02 according to the criteria of Section 17.28.020(C) of the Rosemead Municipal Code as follows: A. The plans indicate proper consideration for the relationship between the proposed structure and site developments that exist or have been approved for the general neighborhood; FINDING: The proposed development is located within an established commercial district of the City. The addition will match the existing building in style, color, and materials. The applicant has indicated that they will repaint the exterior of the building as part of this proposal. In addition, staff has added a condition of approval requiring that all existing awnings be power-washed. The proposed project is consistent with the Goal 2, Policy 2.7 of the Land Use Element of the City's General Plan in that it calls for establishing and applying architectural design review to additions to commercial development. B. The plan for the proposed building and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations and other factors which may have an adverse effect on the environment, and the manner of screening mechanical equipment, trash, storage and loading areas; FINDING: The applicant is maintaining all existing light fixtures. All lighting is fully shielded and directed downwards to mitigate glare on adjacent properties. This development will not generate any permanent impacts to noise levels for the surrounding area. All construction work will be required to comply with the timeframe, and decibel levels indicated in the City's Noise Ordinance. Conditions of approval will specifically address factors such as noise, construction hours, screening of mechanical equipment, landscaping, lighting, and the overall maintenance of the property. C. The proposed building or site development is not, in its exterior design and appearance, so at variance with the appearance of other existing buildings or site Planning Commission Meeting January 5,2015 Page 11 of 22 developments in the neighborhood as to cause the nature of the local environment to materially depreciate in appearance and value; FINDING: The addition will match the existing building in style, color, and materials. The applicant has indicated that they will repaint the exterior of the building as part of this proposal. The improvements to the site in terms of maintenance of the landscape planters, fencing and railings, and parking lot area will provide a marked improvement over the appearance of other buildings at the intersection of Nevada Street and Rosemead Boulevard. D. The proposed building or structure is in harmony with the proposed developments on land in the general area, especially in those instances where buildings are within or adjacent to land shown on the General Plan as being part of the Civic Center or in public or educational use, or are within or immediately adjacent to land included within any precise plan which indicates building shape, size or style; FINDING: The property is not part of the Civic Center Plan, precise plan or land reserved for public or educational use, so there is no special need to create harmony with the general area. Notwithstanding this, the addition will match the existing building in style, color, and materials. The applicant has indicated that they will repaint the exterior of the building as part of this proposal, as well as provide much needed maintenance to the property. E. The proposed development is in conformity with the standards of this Code and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved; and FINDING: This proposed development meets all of the minimum code requirements for the CBD-D (Central Business District with a Design Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal Code. F. The site plan and the design of the buildings, parking areas, signs, landscaping, luminaires and other site features indicates that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effect of the development from the view of public streets. FINDING: Access to the site would be via two (2) existing driveway approaches along Rosemead Boulevard and Nevada Street. The parking lot is conveniently located to the rear of the building. All existing parking lot lighting is fully shielded and directed downwards to mitigate glare on adjacent properties. Lastly, this building renovation will improve the visual effect of the site from the view of the public streets, primarily Valley Boulevard. In addition, the improvements to the site in terms of maintenance of the landscape planters, fencing and railings, and parking lot area will provide a marked improvement over the appearance of other buildings at the intersection of Nevada Street and Rosemead Boulevard. Planning Commission Meeting January 5,2015 Page 12 of 22 SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 14-03 according to the criteria of Section 17.30.040(E) of the Rosemead Municipal Code allows on-sale alcohol licenses in upon the granting of a Conditional Use Permit by the Planning Commission. Rosemead Municipal Code Section 17.132.040 sets the following criteria that must be met: A. 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; FINDING: Sea Harbour Seafood Restaurant is an existing restaurant requesting to expand their building area by 1,372 square feet. The site will be operated in accordance with applicable City regulations and is in conformity with the development in and around the project site. Regular site inspections by the State ABC and the City of Rosemead Public Safety Department will be conducted to ensure that the location is monitored for compliance with applicable local, state, and federal laws and shall not be detrimental to the public health, safety, and general welfare. In addition, conditions of approval have been added to protect the adjacent residential neighborhoods from being affected by this commercial establishment. B. The use is consistent with the General Plan; FINDING: The proposed use is located within an established commercial district of the City and is designated Commercial in the General Plan. The addition will match the existing building in style, color, and materials. The applicant has indicated that they will repaint the exterior of the building as part of this proposal. In addition, staff has added a condition of approval requiring that all existing awnings be power-washed. The proposed project is consistent with the Goal 2, Policy 2.7 of the Land Use Element of the City's General Plan in that it calls for establishing and applying architectural design review to additions to commercial development. C. The use is consistent with the provisions of the Zoning Code; and FINDING: This proposed development meets all of the minimum code requirements for the CBD-D (Central Business District with a Design Overlay) zone, and all applicable referenced code sections of the Rosemead Municipal 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 that consist of operation, repair, maintenance, permitting, licensing, leasing or minor alteration of existing public or private structures involving negligible or no expansion of an existing use beyond that existing at the time of the Lead Agency's determination. Accordingly, Modification 14-02 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA guidelines. Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist Planning Commission Meeting January 5,2015 Page 13 of 22 of inspections to check for the performance of an operation, or the quality, health, and safety of a project from environmental review. Accordingly, Conditional Use Permit 14-03 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines and therefore exempt from further environmental analysis. SECTION 4. The Planning Commission HEREBY APPROVES Modification 14-02 and 14-03 for the modification of Design Review 01-93 and Conditional Use Permit 01- 840, to add 1,372 square feet to an existing 5,650 square foot restaurant. In addition, the applicant is requesting to expand the existing on-sale beer and wine (Type 41) ABC License into the added area. SECTION 5. This resolution is the result of an action taken by the Planning Commission on January 5, 2015, by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 5. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and to the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 5th day of January, 2015. Nancy Eng, 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 5th day of January, 2015, by the following vote: YES: NO: ABSENT: ABSTAIN: Michelle Ramirez, Secretary Planning Commission Meeting January 5,2015 Page 14 of 22 APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting January 5,2015 Page 15 of 22 ATTACHMENT "A" (PC Resolution 14-20) MODIFICATION 14-02 and 14-03 3939 ROSEMEAD BOULEVARD CONDITIONS OF APPROVAL January 5, 2015 1. Modification 14-02 and 14-03 are approved for the 1,372 square foot addition to an existing 5,650 square foot restaurant. In addition, the applicant is requesting to expand the existing on-sale beer and wine (Type 41) ABC License into the added area renovation of the exterior façade of the commercial building, in accordance with the plans marked Exhibit "B", dated December 24, 2014. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. Approval of Modification 14-02 and 14-03 shall not take effect for any purpose until the applicant has filed with the City of Rosemead 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. 3. The onsite public hearing notice posting shall be removed by the end of the 10-day appeal period of Modification 14-02 and 14-03. 4. Modification 14-02 and 14-03 are approved for a period of one (1) year. The applicant shall commence the proposed 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 the Modification 14-02 and 14-03 have been unused, abandoned or discontinued for a period of one (1) year it shall become null and void. 5. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the project and to these conditions of approval. 6. Modification 14-02 and 14-03 are 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 Planning Commission Meeting January 5,2015 Page 16 of 22 approved under the Rosemead Municipal Code for any violations of the conditions imposed on Modification 14-02 and 14-03. 7. The applicant 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. 8. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 9. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions for review. 10. All awnings shall be power-washed prior to the Planning Division's final inspection. 11. All block walls and railings shall be re-painted prior to Planning Division final inspection. 12. All landscaping on the subject property shall be rehabilitated to the satisfaction of the Planning Division prior to the Planning Division's final inspection. The landscape planters shall include a wide variety of plant materials that are drought tolerant and an irrigation system that includes a sprinkler system with automatic timers and moisture sensors. All landscaping shall be maintained at all times. 13. The applicant 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. 14. 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. 15. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday to Saturday. No construction shall take place on Sundays or on any federal holiday without prior approval by the City. 16. City staff shall have access to the subject property at any time during construction to monitor progress. 17. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24-hour, Graffiti Hotline can be called at (626) 569-2345 for assistance. Planning Commission Meeting January 5,2015 Page 17 of 22 18. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. 19. All exterior lighting shall be fully shielded and directed downwards as to not project over property lines. 20. 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 parking area, including handicapped spaces, shall be paved and re-painted periodically to City standards to the satisfaction of the Planning Division. Such striping shall be maintained in a clear, visible, and orderly manner. 22. The trash enclosure shall be equipped with a solid roof and opaque steel self- closing and self-latching doors. The opaque doors shall be closed and all trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 23. 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 is to be sold for the purpose of off-site consumption. Modification 14-03 is for an On-Sale Beer and Wine (Type 41) alcohol license in conjunction with a bona fide public eating place only. 24. 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 Rosemead Planning Division and subject to Section 5.48 of the Rosemead Municipal Code. 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 Section 5.48 of the Rosemead Municipal Code. 26. Interior lighting shall be maintained at an illumination level that is typical and appropriate for a family restaurant. 27. The 24-hour electronic surveillance system shall include surveillance of arrivals, departures, and parking areas from the restaurant and shall be available for inspection by the City of Rosemead Public Safety Department or the Los Angeles County Sheriff's Department. It is the applicant's responsibility to keep electronic Planning Commission Meeting January 5,2015 Page 18 of 22 (tapes) copies of surveillance for a minimum of thirty (30) days. 28. 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. 29. 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. 30. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 10 a.m. to 11:00 p.m., daily. 31 . 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. 32. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings. Engineering Conditions of Approval 33. No parking shall be allowed along the north side of Nevada Street. 34. Install two (2) 36-Inches Box Crape Myrtle Parkway Trees — Muskogee along Nevada Street. 35. Remove and replace in kind an existing "No Parking Sign." 36. Remove and replace broken sidewalk as indicated by Public Works Inspector along Nevada Street. p Planning Commission Meeting January 5,2015 Page 19 of 22 EXHIBIT "C" Lily Trinh From: Manson Ly<mansonlee8 @yahoo.com> Sent Wednesday,December 10,2014 1:44 AM To: Lily Trinh Cc: xujennyl8 @yahoo.corn;Michelle Ramirez Subject Sea Harbour Seafood Restaurant-Updates Dear Lilly, I would like to give you a progress update: On Monday, December 8, 2014. We meet with Thanh Tran regarding the expansion/addition, current issues, how we will work together to enhance communications and build a better relationships with the neighborhood. Contact information was exchange between the restaurant manager and Mr. Tran. We asked him to give the manager and mine contact number to everyone in the neighborhood and encourage them to call us if they have any related issues that we can resolve for them. The following were discussed: 1. Scheduled ventilation hood deep cleaning on Wednesday 12/10/14 from 10 pm to 6 am - recently, we changed vendor for this services that has a more quieter cleaning machine. The vendor's services truck will be parked on the Rosemead Blvd. to further reduce the noise. This is twice a year services and is required to prevent fire. We asked Mr. Tran to inform everyone in the neighborhood about the scheduled cleaning. 2. Grease trap theft generated noise - it appeared to be someone driving a red pick-up truck stealing grease from the grease trap early in the morning. We are making the following modification to discourage future theft to eliminate the noise factor. (a) installing a pan lock device inside the manhole cover (getting estimates). (b) changing surveillance cameras to HD camera (will provide invoice upon request) and hope to record the suspect in the act and put him in jail. Planning Commission Meeting January 5,2015 Page 20 of 22 3. Noise from trash pick-up - this morning, I spoke to Patrick at Consolidated Disposal Ser\-ice. I requested the daily trash pick up to be after 9 am. He said that due their pre-designated route, he is not sure if my request would be honor, but he will let me know by the end of this week after he consul with their route supervisor. 4. Parking on street blocking driveway - we encourage the neighborhood to call us as soon as the problem occurred, we will make announcement in the restaurant and try to determine if its our patron to resolve the problem. 5. Trash on side-walk - we will have our cleaning staff to check and pick up trash periodically on a daily basis. We had a great meeting, Mr. Tran is a very understanding man. The biggest problem in the past is that there were no communications between the restaurant management and the neighborhood. From this forward, we are looking to work together with our neighbors to enhance their quality of life and at the same time promoting the image of the restaurant. If you have any questions, I can be reached at 626-826-9008. Sincerely, Thanh Ly Thanh I. Ly (Manson) Realtor, BRE#01 332587 Cell / Text: 626-826-9008 R E/MAX - Omega 1225 S. Baldwin Avenue, Arcadia, CA 91007 Office: 626-447-1688 Fax: 888-651-5318 2 s Planning Commission Meeting January 5,2015 Page 21 of 22 EXHIBIT "D" °\C fntan c z `m A?ics m m me I I j i "d I �°I� r�,nm n ,, f�� l l Fair 1.4 II JIB .' Fye 1 o'� a d 11 �l` f� . o n lfT;• a U I�- ` s+ n a BisbY y � ✓ Conti m .! -'e :We•:aW 1 0 ' .ley W ��, .-•� I it Soo l W . ( tbern P City of Rosemead the I o , 1, ' l,2 acoc T k r On-Sale Alcohol License .'len�__ :wren ' Scott s- \'' Scott io o� i a "�¢ - o ? ,T1; Bentel t r ... �v �°I .� a - -N •,y:6: ®f—tl ----a te 8t�le A - m 1�Ne a---Nev: es_ m T = Ali � de Adalena CeU. m arsh.11 > 1° fI S. � gI Glen..n !.m'IIIL.. l �_OR.11 Y nib' T ii °ram ro----Sth a .r" r:r. Anson r--- 7 qa _ Hellman .4flIjir' ,I. r I i0 ° m LL ° s 9 C 1- W .1 e - - 4i _ to _ Ga a .r i tre� I L. 51 ---,- 1�.■ ey• 1 Mabel v — } sIui�a 0 ji M � F'' o " F.rn1a Cp Jo _) l i i r 0 C M . ' 1St /J J F- m Hi ciff LL , k g\ to m i; R ----- 1,''' . -- to44/ /; T.IrA g c c,'' o !MIN y 4.. Ca �� 444423 BI tt o el'g, Ceia !� O S4,s' led• i rroyo ^—iala . lA OHO • IL ",g)O.is ro ik e. .41fr. - ,k,..5:„.. 04\S. N ABC License Types I r A A Type 41-Beer and Wine -NAt may% \ ` ` a ® Type 47-General � P/ate .�.,.� Type 5 - s Promises ♦ Type 51 1-M oose Lodge I I U 1 I I I I I I I 0.2 0.4 0.8 Miles Planning Commission Meeting January 5,2015 Page 22 of 22 EXHIBIT "E" 539° 12 . i i 2001 . #9,! 5391 ]ee/+s scuE r= 100 ,' F,.,] 4 /,. t 2 VALLEY BLVD.:4 _ d$70.4,15-6 ,1k _ iN K°a• /a°./, I Imo°i ea wl `a .-1 I�O 1 I r:a ♦ 1 I i al m 6 ,..„(7)aa..c l Qar �ae.�I Ii J m 12 I ! ) 6 !� 7j. rss'so'c T,, oo al.b m STEELE N a .l OA SIS 1\C• O ,), 5T. . :^.ia t�asr. sa?� h 0.e6J...(5- telh'n®•nl Q1 O l0 0!e Y (I:J)/.-0 i STEELE .Tj-+► av l''4 bl to `1` `'1ie�∎ t 5L _J i© 1'T°ST.I v` 21 I li 21 la E 8BK v II s7,a'ss h`sseaI JO I)s,,illlsSe_U _ 1 sa I_ . '— • ) SUBJECT ` s� ;NEVADA uass �1 AVE.?.. ` SITE S.. ss... \ sr Is I sa 1 a0 I !, 1 a, •' sx i 7 I . 2 ra 1, 6 i ®re (,8216e- re w a I Lv s.n/. , a' 1.-s' I_n- ,�ss. mss' l Ns`,x.,``tom)' 11 W \E.UE55 T f N so t _ _ as.S /r,r, el <s,.1n, szs _� E?«I• 8216 -12810 ST.v°, 1282 ; GUESS • 128J0 128_9 - ID 11 ROSEMEAD M .21-114-II5 FEB002001 -----_F08.CaEY_tisstas.srt: TRACT N0.8I79 M.8.112-89-90