PC - Item 3B - Conditional Use Permit 15-06 M
9 o ROSEMEAD PLANNING COMMISSION
STAFF REPORT
CIVIC PRIDE
,NCCRPORATED 1959
TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: NOVEMBER 2, 2015
SUBJECT: CONDITIONAL USE PERMIT 15-06
9000 GARVEY AVENUE, UNITS C&D
Summary
Tantawan Inc., doing business as Tantawan Thai Kitchen, has submitted a Conditional
Use Permit application requesting approval for a new On-Sale Beer and Wine (Type 41)
ABC license in conjunction with a bona fide public eating establishment, located at 9000
Garvey Avenue, Units C&D, in the C-3 MUDO-D (Medium Commercial with a Mixed Use:
Residential/Commercial and Design Overlay) zone.
Environmental Determination
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 15-06 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. 15-18 (Exhibit "A") and APPROVE
Conditional Use Permit 15-06 with findings, subject to twenty-five (25) conditions of
approval outlined in Attachment "A" attached hereto.
Property History and Description
The subject site is located at the southeast corner of River Avenue and Garvey Avenue.
The subject site consists of one (1) parcel, totaling 2.64 acres and is developed as a
commercial shopping center with manufacturing use along the rear of the property. The
subject restaurant has a floor area of 3,390 square feet.
Planning Division records indicate that two (2) Conditional Use Permits for on-sale beer
and wine license in conjunction with a bona fide public eating establishment at the subject
location. The first permit, Conditional Use Permit 87-387, was approved by the Planning
Commission on December 7, 1987. The second permit, Conditional Use Permit 00-803,
was approved by the Planning Commission on November 6, 2000. Currently, there are no
restaurants serving alcohol in the shopping center.
Planning Commission Meeting
November 2,2015
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Site & Surrounding Land Uses
The project site is designated in the General Plan as Mixed Use: Residential/Commercial
(60 du/ac) and on the Zoning Map it is designated C-3 MUDO-D (Medium Commercial with
a Mixed Use: Residential/Commercial and Design Overlay) zone. The site is surrounded
by the following land uses:
North
General Plan: Commercial
Zoning: C-3 (Medium Commercial)
Land Use: Commercial
South
Mixed Use: Residential/Commercial (60 du/ac)
Zoning: C-3 MUDO-D (Medium Commercial with a Mixed Use and Design Overlay)
Land Use: Commercial and City of Rosemead Public Services Yard
East
General Plan: Mixed Use: Residential/Commercial (60 du/ac)
Zoning: C-3 MUDO-D (Medium Commercial with a Mixed Use and Design Overlay)
Land Use: Manufacturing and Industrial
West
General Plan: Mixed Use: Residential/Commercial (60 du/ac)
Zoning: C-3 MUDO-D (Medium Commercial with a Mixed Use and Design Overlay)
Land Use: Commercial and Manufacturing and Industrial
Restaurant Operations
Planning Commission Meeting
November 2.2015
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The applicant is currently operating a full service dine-in restaurant. The daily hours of
operation are from 10:00 a.m. to 10:00 p.m.. Monday through Sunday.
As illustrated on the floor plan (attached as Exhibit "B") the restaurant provides seating for
98 patrons inside the restaurant. The restaurant employs eight (8) employees on the
largest shift. As indicated on the restaurant's menu, which has been attached as Exhibit
"C," the restaurant serves a full array of Thai style cuisine.
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 overdue concentration of alcohol permits. The number of allowable on-sale ABC
licenses for this census tract (No. 4336.02) is two (2). Currently, there are two (2)
authorized on-sale licenses for this census tract. Although the Department of Alcoholic
Beverage Control has found that there is an "overdue 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.
ABC has also determined that this location is not in a high crime reporting district. After
reviewing the crime statistics and calls for service over the last two (2) years, the Chief of
Police has found no unusual situations or concerns. The Chief of Police is in support of
the restaurant obtaining a beer and wine license to complement their menu, but is
requiring that the following security measures be incorporated into the restaurant:
1. The restaurant shall maintain a 24-hour video surveillance recording system to
include coverage of the following areas:
a. Patron and employee arrivals and departures
b. Immediate and adjoining parking area
c. Entire exterior perimeter
d. Any office and cashier area
2. The video surveillance must be stored for a minimum of 30-days and be made
available to law enforcement and code enforcement upon request.
3. The parking lot and exterior of the business must maintain good lighting during the
hours of darkness.
4. Since the business is next to a bus stop and susceptible to graffiti, the business
shall have anti-graffiti paint and anti-etching film on the windows of the building.
The serving of beer and wine as an ancillary use to a full service dine-in restaurant will not
cause obstructions to pedestrian traffic, vehicular traffic, or parking. Regular inspections
by the State ABC and the Rosemead Public Safety Department will ensure that the
location is monitored and the serving of alcoholic beverages will not result in interference
with children on their way to school, shoppers using streets, or defacement of surrounding
properties. Restaurant staff will be trained on how to properly serve alcohol, including but
not limited to checking identification to avoid serving to minors and being aware of intake
Planning Commission Meeting
November 2,2015
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levels of patrons.
Staff feels that this use is consistent with the surrounding commercial properties and
existing land uses in the general area, with no foreseeable negative impacts to the
adjacent neighborhood or adjoining properties.
Municipal Code Requirements
Per Rosemead Municipal Code, Section 17.132.010, the purpose of a Conditional Use
Permit is to provide for uses that have a potential for adverse impacts on surrounding
properties, residents, or businesses. Therefore, when such uses are approved, conditions
are placed on their establishment and operation to mitigate or eliminate such impacts to
insure they are not detrimental to surrounding property.
Per Rosemead Municipal Code, Section 17.132.040, a Conditional Use Permit may be
issued only after a public hearing before the Planning Commission. The Planning
Commission shall also find that the establishment, maintenance, or operation of the use so
applied for will not, under the circumstances of the particular case, be detrimental to the
health, safety, peace, morals, comfort or general welfare of persons residing or working in
the neighborhood thereof, not be detrimental or injurious to the property and improvements
in the neighborhood or to the general welfare of the City. All of the following findings shall
be made by the Planning Commission in conjunction with the approval of a Conditional
Use Permit:
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:
The request for a new On-Sale Beer and Wine (Type 41) ABC license in conjunction
with a bona fide public eating establishment will not impact any existing use within the
neighborhood vicinity. Although the Department of Alcoholic Beverage Control has
found that there is an "overdue 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. ABC has also determined that this location is not in a high crime
reporting district. After reviewing the crime statistics and calls for service over the last
two (2) years, the Chief of Police has found no unusual situations or concerns. The
Chief of police is in support of the restaurant obtaining a beer and wine license to
complement their menu with the incorporation of conditions of approval related to
security measures.
B. The use is consistent with the General Plan;
According to the City of Rosemead General Plan, Land Use Goal 2 aims to expand
opportunities for concentrated commercial and industrial uses that contribute jobs and
tax revenues to the community. The subject property is located in an established
commercial corridor of Garvey Avenue.
C. The use is consistent with the provisions of this Zoning Code;
Planning Commission Meeting
November 2,2015
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Per 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 proposed use will be operated in 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; and
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 15-06 is classified as a Class 9 Categorical Exemption
pursuant to Section 15309 of CEQA guidelines and therefore exempt from further
environmental analysis.
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.
There are no specific design guidelines that are applicable to the proposed project.
However, the use complies with all development standards of the Rosemead Municipal
Code.
In addition to the findings for the approval of a Conditional Use Permit, Section
17.30.040(E)(2) of the Rosemead Municipal Code further states that prior to approval of a
new permit for an alcohol sales establishment, the Planning Commission shall find that the
use is consistent with the purpose and intent of Section 17.30.040 (Alcohol Beverage
Sales). This finding shall be in addition to the findings required by Chapter 17.132
(Conditional Use Permits). In making this required finding, the Planning Commission shall
consider the following:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City;
b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts; and
c. 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.
As noted in the staff report, ABC has determined that this location is not in a high crime
reporting district. After reviewing the crime statistics and calls for service over the last two
(2) years, the Chief of Police has found no unusual situations or concerns. The Chief of
Police is in support of the restaurant obtaining a beer and wine license to complement
their menu, but is requiring that the following security measures be incorporated into the
restaurant:
Planning Commission Meeting
November 2,2015
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1. The restaurant shall maintain a 24-hour video surveillance recording system to
include coverage of the following areas:
a. Patron and employee arrivals and departures
b. Immediate and adjoining parking area
c. Entire exterior perimeter
d. Any office and cashier area
2. The video surveillance must be stored for a minimum of 30-days and be made
available to law enforcement and code enforcement upon request.
3. The parking lot and exterior of the business must maintain good lighting during the
hours of darkness.
4. Since the business is next to a bus stop and susceptible to graffiti, the business
should have anti-graffiti paint and anti-etching film on the windows of the building.
As indicated by the Chief of Police, the restaurant is located within the Sheriff's Reporting
District (RD) of 0534. The subject RD was compared to two (2) additional RDs (RD 0532
and 0533) along the Garvey Avenue corridor. The comparison indicates the subject RD is
significantly lower than the adjacent RDs.
District RD 0534 RD 0533 RD 0532
Reported Crimes* 287 448 752
Narcotics Related Crimes 48 92 103
Alcohol Related Crimes 15 48 33
(*Does not including the crimes listed individually)
The site is surrounded by properties that are zoned C-3 (Medium Commercial) and C-3
MUDO-D (Medium Commercial with a Mixed Use: Residential/Commercial and Design
Overlay). The closest single use residential zoning district is located 250 feet north of the
project site and is separated by Garvey Avenue. Furthermore, there are no schools,
parks, or places of religious worship within 1,000 feet of the project site.
The serving of beer and wine as an ancillary use to a full service dine-in restaurant will not
cause obstructions to pedestrian traffic, vehicular traffic, or parking. Regular inspections
by the State ABC and the Rosemead Public Safety Department will ensure that the
location is monitored and the serving of alcoholic beverages will not result in interference
with children on their way to school, shoppers using streets, or defacement of surrounding
properties. Restaurant staff will be trained on how to properly serve alcohol, including but
not limited to checking identification to avoid serving to minors and being aware of intake
levels of patrons.
Staff feels that this use is consistent with the surrounding commercial properties and
existing land uses in the general area, with no foreseeable negative impacts to the
adjacent neighborhood or adjoining properties.
Planning Commission Meeting
November 2,2015
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PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which includes
a 300' radius public hearing notice to twenty-one (21) property owners, publication in the •
Rosemead Reader on October 22, 2015, and postings of the notice at the six (6) public
locations and on the subject site.
Prepared by: Submitted by:
Lily . Valenzuela Michelle Ramirez
Associate Planner Community Development Director
EXHIBITS:
A. Planning Commission Resolution 15-18 with Attachment"A"(Conditions of Approval)
B. Site Plan and Floor Plan
C. Restaurant Menu
D. Map of On-Sale Alcohol Licenses
E. Assessor's Identification Number(AIN): 5282-026-047
Planning Commission Meeting
November 2,2015
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EXHIBIT "A"
PC RESOLUTION 15-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 15-06, A REQUEST FOR
APPROVAL FOR A NEW ON-SALE BEER AND WINE (TYPE 41) ABC
LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING
ESTABLISHMENT. THE SUBJECT SITE IS LOCATED AT 9000 GARVEY
AVENUE, UNITS C&D, IN THE C-3 MUDO-D (MEDIUM COMMERIAL
WITH A MIXED USE: RESIDENTIAL/COMMERCIAL AND DESIGN
OVERLAY) ZONE (AIN: 5282-026-047).
WHEREAS. on September 1 . 2015. Tantawan Inc. filed a Conditional Use Permit
application requesting approval for a new On-Sale Beer and Wine (Type 41) ABC license
in conjunction with a bona fide public eating establishment; and
WHEREAS, 9000 Garvey Avenue, Units C&D is located in the C-3 MUDO-D
(Medium Commercial with a Mixed Use: Residential/Commercial and Design Overlay)
zone; 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; and
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Sections 17.132.040 of the Rosemead Municipal Code authorize the Planning Commission
to approve, conditionally approve, or disapprove a conditional use permit application; and
WHEREAS, on October 22, 2015, twenty-one (21) 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 November 2, 2015, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 15-06; 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 15-06 is Categorically Exempt under Class 9 of Section 15309 of the California
Environmental Quality Act (CEQA) guidelines exempts projects that consist of inspections
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November 2,2015
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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 Conditional Use Permit 15-06 according to the
criteria of Section 17.30.040(E) 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: The request for a new On-Sale Beer and Wine (Type 41) ABC license in
conjunction with a bona fide public eating establishment will not impact any existing use
within the neighborhood vicinity. Although the Department of Alcoholic Beverage Control
has found that there is an '`overdue 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. ABC has also determined that this location is not in a high
crime reporting district. After reviewing the crime statistics and calls for service over the
last two (2) years, the Chief of Police has found no unusual situations or concerns. The
Chief of police is in support of the restaurant obtaining a beer and wine license to
complement their menu with the incorporation of conditions of approval related to security
measures.
B. The use is consistent with the General Plan;
FINDING: According to the City of Rosemead General Plan, Land Use Goal 2 aims
to expand opportunities for concentrated commercial and industrial uses that contribute
jobs and tax revenues to the community. The subject property is located in an established
commercial corridor of Garvey Avenue.
C. The use is consistent with the provisions of this Zoning Code;
FINDING: Per 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 proposed use will be operated in 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; and
FINDING: 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 15-06 is classified as a Class 9 Categorical
Exemption pursuant to Section 15309 of CEQA guidelines and therefore exempt from
further environmental analysis.
Planning Commission Meeting
November 2,2015
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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: There are no specific design guidelines that are applicable to the
proposed project. However, the use complies with all development standards of the
Rosemead Municipal Code.
SECTION 3. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Conditional Use Permit 15-06 according to the criteria of
Section 17.30.040(E)(2) of the Rosemead Municipal Code.. which further states that prior
to approval of a new permit for an alcohol sales establishment, the Planning Commission
shall find that the use is consistent with the purpose and intent of Section 17.30.040
(Alcohol Beverage Sales). This finding shall be in addition to the findings required by
Chapter 17.132 (Conditional Use Permits). In making this required finding, the Planning
Commission shall consider the following:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City;
b. The numbers of alcohol-related calls for service. crimes, or arrests in the
reporting district and in adjacent reporting districts; and
c. 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.
As noted in the staff report, ABC has determined that this location is not in a high crime
reporting district. After reviewing the crime statistics and calls for service over the last two
(2) years, the Chief of Police has found no unusual situations or concerns. The Chief of
Police is in support of the restaurant obtaining a beer and wine license to complement
their menu, but is requiring that the following security measures be incorporated into the
restaurant:
1. The restaurant shall maintain a 24-hour video surveillance recording system to
include coverage of the following areas:
a. Patron and employee arrivals and departures
b. Immediate and adjoining parking area
c. Entire exterior perimeter
d. Any office and cashier area
2. The video surveillance must be stored for a minimum of 30-days and be made
available to law enforcement and code enforcement upon request.
3. The parking lot and exterior of the business must maintain good lighting during the
hours of darkness.
Planning Commission Meeting
November 2,2015
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4. Since the business is next to a bus stop and susceptible to graffiti, the business
should have anti-graffiti paint and anti-etching film on the windows of the building.
As indicated by the Chief of Police, the restaurant is located within the Sheriff's Reporting
District (RD) of 0534. The subject RD was compared to two (2) additional RDs (RD 0532
and 0533) along the Garvey Avenue corridor. The comparison indicates the subject RD is
significantly lower than the adjacent RDs.
District RD 0534 j RD 0533 RD 0532
Reported Crimes* 287 448 752
Narcotics Related Crimes 48 92 103
Alcohol Related Crimes 15 _ 48 33
(*Does not including the crimes listed individually)
The site is surrounded by properties that are zoned C-3 (Medium Commercial) and C-3
MUDO-D (Medium Commercial with a Mixed Use: Residential/Commercial and Design
Overlay). The closest single use residential zoning district is located 250 feet north of the
project site and is separated by Garvey Avenue. Furthermore, there are no schools,
parks, or places of religious worship within 1 ,000 feet of the project site.
The serving of beer and wine as an ancillary use to a full service dine-in restaurant will not
cause obstructions to pedestrian traffic, vehicular traffic, or parking. Regular inspections
by the State ABC and the Rosemead Public Safety Department will ensure that the
location is monitored and the serving of alcoholic beverages will not result in interference
with children on their way to school, shoppers using streets, or defacement of surrounding
properties. Restaurant staff will be trained on how to properly serve alcohol, including but
not limited to checking identification to avoid serving to minors and being aware of intake
levels of patrons.
Staff feels that this use is consistent with the surrounding commercial properties and
existing land uses in the general area, with no foreseeable negative impacts to the
adjacent neighborhood or adjoining properties.
SECTION 4. The Planning Commission HEREBY APPROVES Conditional Use
Permit 15-06, to allow the issuance of a new On-Sale Beer and Wine (Type 41) ABC
license in conjunction with a bona fide public eating place located at 9000 Garvey Avenue,
Units C&D.
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.
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November 2,2015
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SECTION 6. This resolution is the result of an action taken by the Planning
Commission on November 2, 2015, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
SECTION 7. 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 2nd day of November, 2015.
John Tang, 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 2nd day of
November, 2015, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Michelle Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
November 2,2015
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ATTACHMENT "A"
(PLANNING COMISSION RESOLUTION 15-18)
CONDITIONAL USE PERMIT 15-06
9000 GARVEY AVENUE, UNITS C&D
(AIN: 5282-026-047)
CONDITIONS OF APPROVAL
November 2, 2015
1 . Conditional Use Permit 15-06 is approved for a new On-Sale Beer and Wine (Type
41) ABC license in conjunction with a bona fide public eating establishment, to be
developed in accordance with the plans marked Exhibit "B", dated April 23, 2015.
Any revisions to the approved plans must be resubmitted for the review and
approval of the Planning Division.
2. Conditional Use Permit 15-06 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 Conditional Use Permit 15-06.
4. Conditional Use Permit 15-06 is 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 Conditional Use Permit 15-06 has 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. Conditional Use Permit 15-06 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 Conditional Use Permit 15-06.
Planning Commission Meeting
November 2.2015
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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 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.
9. City staff shall have access to the subject property at any time during construction
to monitor progress.
10. 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.
11 . The site shall be maintained in a clean, weed and litter free state in accordance with
the Rosemead Municipal Code, which pertains to the storage. accumulation,
collection, and disposal of garbage, rubbish. trash, and debris.
12. 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.
13. 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.
Conditional Use Permit 15-06 is for an On-Sale Beer and Wine (Type 41) ABC
license in conjunction with a bona fide public eating establishment only.
14. 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 the Rosemead Municipal Code.
15. 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.
16. Interior lighting shall be maintained at an illumination level that is typical and
appropriate for a family restaurant.
Planning Commission Meeting
November 2,2015
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17. 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.
18. 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.
19. The hours of operation shall be posted in the front window or door. Hours of
operation shall be limited to 10:00 a.m. to 10:00 p.m., daily. The Planning
Commission hereby authorizes the Chief of Police to modify the hours of alcohol
sales during those hours if it becomes detrimental to the public health, safety, and
general welfare of the City.
20. 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.
21 . Violation of the conditions of approval may result in citation and/or the initiation of
revocation proceedings.
Public Safety Conditions of Approval
22. The restaurant shall maintain a 24-hour video surveillance recording system to
include coverage of the following areas:
a. Patron and employee arrivals and departures
b. Immediate and adjoining parking area
c. Entire exterior perimeter
d. Any office and cashier area
23. The video surveillance must be stored for a minimum of 30-days and be made
available to law enforcement and code enforcement upon request.
24. The parking lot and exterior of the business must maintain good lighting during the
hours of darkness.
25. Since the business is next to a bus stop and susceptible to graffiti, the business
should have anti-graffiti paint and anti-etching film on the windows of the building.
Planning Commission Meeting
November 2.2015
Page 16 of 19
EXHIBIT "C"
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Planning Commission Meeting
November 2,2015
Page 17 of 19
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Planning Commission Meeting
November 2,2015
Page 18 of 19
EXHIBIT "D"
State Alcohol Beverage Control Map
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Planning Commission Meeting
November 2,2015
Page 19 of 19
EXHIBIT "E"
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