ROSEMEAD CITY COUNCIL

ROSEMEAD CITY COUNCIL

STAFF REPORT

TO THE HONORABLE MAYOR AND CITY COUNCIL

FROM JEFF ALLRED CITY MANAGER

DATE JULY 24 2012

SUBJECT APPEAL OF CONDITIONAL USE PERMIT 11 148772 VALLEY BOULEVARD

SUMMARY

On January 17 2012 the City of Rosemead Planning Commission conducted a dulynoticed public hearing for Conditional Use Permit 11 14 CUP 11 14 a request for a newOnSale Beer and Wine Type 41 ABC license in conjunction with a bona fide publiceating place known as Hunan Restaurant The restaurant is located at 8772 ValleyBoulevard in the C31D Medium Commercial with a Design Overlay zone The PlanningCommission denied CUP 11 14 based on the analysis and findings contained in thePlanning Commissions staff report The Planning Commission staff report meetingminutes and resolution are included in this report as Attachments A B and Crespectively

On January 19 2012 the City Clerks office received an appeal letter Attachment Dfrom the applicant Lan Tan requesting to appeal the Planning CommissionsdecisionThe City Council conducted a duly noticed public hearing for the appeal of CUP 11 14 onFebruary 14 2012 The City Council staff report and meeting minutes are included in thisreport as Attachments E and F During the public hearing Mr Tan asked the CityCouncil to postpone the public hearing so that he could continue to work with staff toaddress all the issues raised during the Planning Commission hearing The Councilunanimously approved his request and the meeting was continued to March 27 2012

On March 8 2012 staff received a request from Mr Tan Attachment G requesting anadditional 60 days to address the Citys concerns The letter states that he has engagedthe services of Mr Michael Lewis of Lewis Company Inc to assist in the revisions ofhis plans On March 27 2012 the City Council unanimously approved his request andextended the public hearing to the June 12 City Council meeting The City Council staffreport and meeting minutes are included in this report as Attachments H and T

On May 24 2012 the applicant submitted a letter to the City Attachment J requestingan additional extension of 30 days to work with his consultant and engineer to makenecessary revisions to the floor plan The City Council unanimously approved his request

UEM N0

City Council ReportJuly 24 2012Page 2 of 3

on June12th and extended the public hearing to the July 24 City Council meeting TheCity Council staff report is included in this report as Attachment K

On July 17 2012 staff received another extension letter from the applicant AttachmentL requesting an additional 90 days extension to work with his consultant and newlyhired architect to make necessary revisions to the floor plan In his letter he states that hewas unexpectedly called out of the country six weeks ago and was unable to communicatewith his consultant

Staff Recommendation

It is recommended that the City Council CONTINUE the public hearing for the appeal ofCUP 11 14 to October 30 2012

ANALYSIS

As the City Council may recall the Planning Commission denied CUP 11 14 on the basisthat the proposed floor plan was a misrepresentation of the current restaurant layoutAlthough the submitted floor plan resembled dining area throughout the establishment theactual setup of the rear of the establishment resembled a hostess bar A hostess bar isnot permitted use in the City

During the week of May 21 2012 the California State Department of Alcoholic BeverageControl contacted the Planning Division regarding the status of the appeal They haveconducted a recent site inspection and agree that the restaurant floor plan should bemodified to be consistent with a full service restaurant

A few months ago staff from the Community Development Department and Public SafetyDepartment staff completed site inspections of the Hunan Restaurant with Mr Tan and hisconsultant During these meetings staff provided Mr Tan and his consultant withrecommendations for interior floor plan modifications to make the rear portion of thebuilding consistent with a restaurant establishment

Since the extension request was approved on June 12 staff did not hear from Mr TanOn July 16 Mr Tan visited the Planning Counter and stated that he will have hisconsultant request another extension for the appeal To date staff has not received arevised floor plan

ENVIRONMENTAL REVIEW

Section 15309 of the California Environmental Quality Act CEQA guidelines exemptsprojects that consist of inspections to check for the performance of an operation or thequality health and safety of a project from environmental review Accordingly ConditionalUse Permit 11 14 is classified as a Class 9 Categorical Exemption pursuant to Section15309 of CEQA guidelines and therefore exempt from further environmental analysis

City Council ReportJuly 24 2012Paae 3 of 3

PUBLIC NOTICE PROCESS

This item has been noticed through the regular agenda notification process

Prepared by

Lily TrinhAssistant Planner

ATTACHMENTS

Prepared by

LpjMichelle Ramirez

Community Development Director

Attachment A Planning Commission Staff Report dated January 17 2012Attachment B Planning Commission Minutes dated January 17 2012Attachment C Planning Commission Resolution 1201Attachment D Appeal Letter dated January 19 2012Attachment E City Council Staff Report dated February 14 2012Attachment F City Council Meeting Minutes dated February 14 2012Attachment G Letter requesting a 60day extension from Lan Tony Tan dated March 8 2012Attachment H City Council Staff Report dated March 27 2012Attachment I City Council Meeting Minutes dated March 27 2012Attachment J Letter requesting a 30day extension from Lan Tony Tan dated May 17 2012Attachment K City Council Staff Report dated June 12 2012Attachment L Letter requesting a second 90day extension from Lan Tony Tan dated July 16 2012

ROSEMEAD PLANNING COMMISSION

STAFF REPORT

TO THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEADPLANNING COMMISSION

FROM PLANNING DIVISION

DATE JANUARY 17 2012

SUBJECT DENIAL OF CONDITIONAL USE PERMIT 11 148772 VALLEY BOULEVARD

Summary

Lan Tan has submitted a Conditional Use Permit application requesting approval for anew OnSale Beer and Wine Type 41 ABC license in conjunction with a bona fidepublic eating place located at 8772 Valley Boulevard in the C3D Medium CommercialWith a Design Overlay zone

Environmental Deterrnimation

Section 15309 of the California Environmental Quality Act CEQA guidelines exemptsprojects that consist of inspections to check for the performance of an operation or thequality health and safety of a project from environmental review AccordinglyConditional Use Permit 1114 is classified as a Class 9 Categorical Exemption pursuantto Section 15309 of CEQA guidelines and therefore exempt from further environmentalanalysis

Staff RecommendationBased on the analysis and findings contained in this report it is recommended that thePlanning Commission DENY Conditional Use Permit 11 14 and ADOPT Resolution No1201 with findings Exhibit A

Property History DescriptionThe subject site is located on Valley Boulevard just west of Muscatel Avenue The totalsize of the lot is approximately 9700 square feet The lot is developed with a 5500square foot restaurant on the first story and an approximate 630 square foot investmentservice office on the second story

According to Planning Division records several Conditional Use Permits for OnSalealcohol licenses were approved at the subject site The following table illustrates thehistory of alcoholic license requests and approvals for the subject restaurant

ATTACHMENT A

PC Meating January 17 2012CUP 1114 DenialPage 2 of 21

Case File BusiI4ss Year NotesName Approved

On January 8 1975 the Planning Commission granted a newOnSale alcohol license In conjunction with a restaurant to theRose Room On November 16 1987 the City inflated

CUP 72 Rose Room 1975 revocation poceedings for Conditional Use PemJt 72 based onnonKnmplianoe with the Municipal Code requirements OnDecember 14 1987 the Planning Commission approved amodification to Conditions Use Permit 72 allowing thecontinuance of alcoholic sales

CUP as

424Rose Room 1958 Transfer of Ownership

CUP 69Rose Room 1989 Transfer of Ownership466

CUP 6oRose Room 1990 Transfer of Ownership497

On November 2 1992 the Planning Commission granted thetransfer of an existing OnSae General Alcohol license Type47 to the Da Du CorporatlorrfRose Room Restaurant In Marchof 1993 the City Council granted Dance and Entertainmentlicenses to the establishment During the period of thisrestaurantsoperation from January 1998 to December 2001the Sheriffs Department received nunemus calls relating toserious and violent incidents occurring at thls site These

CUP 92Rose Roam 1692

incidents included various gang related activities ranging from568 gang fights to multiple homicides on the property In December

of 2001 the Rose Room was issued a Notice of Acccusafionregarding the revocation of the Dance Permit and BusinessLicense due to the many violations that occurred al this siteThe Rose Room entered Into two Last Chance Agreements withthe City to keep the restaurant open Due to the strict conditionsthat were set forth in the Final Last Chance Agreement theOwner of the Rose Room decided to close the establishment in2005

On October 3 2005 the Planning Commission granted a newOnSale beer and wine license Type 41 to Pho KingRestaurant Since the approval of Conditional Use Permit 05

CUP as Pho KingKings 1021 the restaurant has changed its business name several1021

GardenHunan 2005 times from Pho King Restaurant to Kings Garden to its currentRestaurant business name of Hunan Seafood Restaurant According to the

California Department of Alcoholic Beverage Control ABC thealcohol license was cancelled on November 10 2008

PC Maeang January 17 2012CUP 11 14 nodalPage 3 of 21

North Elevation

Site Surrounding Land Uses

The project site is designated in the General Plan as Commercial and on the zoningmap it is designated C313 Medium Commercial with a Design Overlay zone The siteis surrounded by the following land uses

NorthGeneral Plan Commercial

Zoning C31 Medium Commercial with a Design OverlayLand Use Commercial

South

General Plan Commercial


East



West



PC Meeting January 17 M12CUP 1114 DamaoPage 4 of 21

Administrative Analysis

Restaurant OperationsThe applicant is currently operating a full service restaurant at the site The daily hoursof operation are from 1000 am to 100am seven days per week The restaurantcurrently employs eight 8 employees on largest shift

The applicant is requesting approval for a new OnSale Beer and Wine Type 41 ABClicense in conjunctigtr with a bona fide public eating place The applicant has indicatedthat the restaurant was previously owned by him and his former wife however she hastransferred the entire business to him In addition as noted above ABC cancelled theprevious onsale license in 2008

Floor Plan

The floor plan attached as Exhibit 0 submitted by the applicant indicates that therestaurant dining area provides seating for twentytwo 22 patrons The applicant hasindicated that the existing floor planwill remain As illustrated on the floor plan thekitchen is situated in the center ofthe building and the two dining areas are separatedby a hallway Each dining area has a service counter

A siteinspection completed by the Planning Division on November 16 2011 revealedthat the floor plan submitted is a misrepresentation of the current restaurant layoutAccording to Staffs inspection the front dining area is welt lit and consistent with afamily style restaurant atmosphere and the rear dining area resembles a hostess barsetting with dim lighting The rear dining area is furnished with private enclosed loungeareas that do not provide table dining Each lounge area also provides a privatetelevision screen The table seating shown on the applicants floor plan in this areadoes not exist Staff found a dance flotir disco ball karacke machinery and a speakersystem in this area instead This beta room also provides access to a dressing roomand two storage rooms Pictures that were taken during Staffs inspection have beenincluded in this Staff report as Exhibit D A hostess bar is not a permitted use in theCity

According to California Department of Alcohol and Beverage Control a bona fide publiceating place means as a place which is regularly and in a bona fide manner used andkept open for the serving of meals to guest for compensation and which has suitablekitchen facilities connected therewith containing conveniences for cooking anassortment of foods which may be required for ordinary meals the kitchen of whichmust be kept in a sanitary condition with the proper amount of refrigeration for keepingof food on said premises and must comply with all regulations of the local department ofhealth Section 23038 Therefore thelictual use of the restaurant as proposed on thefloor plan submitted by the applicant clearly does not meet the States definition of abona fide public eating place

a

PC Meeting Janwry 17 2012CUP 1114 DeNepPage 5 21

al

State Department of Alcoholic Beverage Control ABC and Public Safety ReportStaff has received a worksheet from the State Department of Alcoholic BeverageControl ABC which indicates that the subject restaurant is currently located in acensus tract that has an over concentration of alcohol permits ABC defines overconcentration as greater than one license per 1147 residents living within the subjectcensus tract The population of the census tract No 4813 in which the subjectproperty is located is2963 residents The number of allowable onsale ABC licensesfor this census tract is three 3 Currently there are sb 6 authorized onsale licensesfor this census tract ABC has also determined that this location is located in a highcrime district a

The Citys Chief of Police has reviewed this request and has indicated that theapplicantsproposal cannot be supported In addition to the ABC determination thatmust be taken into account on January 10 2012 the Chief of Police conducted a siteInspection which confirmed Staffs suspicion that the floor plan resembles a hostess barThis confirmation was made based on the Chiefs experience with the Asian GangTaskforce

In addition according to the Chief of Police the subject site has historically been thesource of law enforcement problems relating to Asian gangs drugs and prostitutionHe has also indicated that the rear portion of the restaurant has Historically been usedas a hostess bail under the disguise of a legitimate family restaurant

The Chief of Police further indicated that since 2005 when the applicant and his formerwife assumed control of the restauragt the rear portion of the restaurant has been usedas an Asian gang hangout Specifically the LA County Sheriff Departmentsundercover operations at thesubject site revealed known underage gang members whofled the scene

Importantly given the request to legally serve alcohol on the site via an ABC permit theChief indicated that after the alcohol license was cancelled with ABC in 2008 theapplicant continued to sell alcohol in the restaurant and had alcohol hidden behind theservice counter

The Chief of Police Public Safety Department and Planning Division Staff have beenworking with the applicant to resolve issues of concern since the application wasoriginally submitted The Chief of Police and Planning Staff have suggested that theapplicant revise the actual floor plan and furnishings of the rear portion of the building tobe consistent with a family restaurant environment The applicant has indicated thathe is not willing to make these changes The applicant told the Chief of Police that hewould Ike to reopen the rear portion of the building as a sports bar karaoke anddance area The Commission should note that the applicant has submittedEntertainment and Dance License applications to the Citys Administration Departmentfor karaoke and dance These applications are currently pending and require CityCouncil approval The applicant has informed the Chief of Police that his goal is to

PC Meftg January 17 2612CUP 11141Denia9Page 6 ar 21

operate a club similar to a restaurantlbar located in Temple City which is essentiallyknown as a hostess bar by the Public Safety Department The Chief of Police isconcerned that such business operation would attract clientele which will once againresult in problems for the City

Schools Churches and Residential Properties within the Vicinity

The subject site is 600 feet away from Muscatel Middle School and Rosemead Churchof Christ Residential properties are situated less than 100 feet away from the subjectsite

Public Comments

On January 10 2012 Staff received an email attached as Exhibit E in regards to thebusiness operations located at the subject restaurant The email states that thebusiness is operating as an illegal hostess bar where drinks are served and girls arepaid to sit with customers This exhibit would lend credence to a conclusion that theapplicant is currently operating in violation of the Citys Municipal Code State law andABC regulations

Municipal Code Reauirembnts

Section 17112030 9 of the Rosemead Municipal Code RMC allows onsale alcohollicenses in the C1 C3 CBD and M zones upon the granting of a Conditional UsePermit CUP by the Planning Commission Conditional Use Permits may be grantedwhen it can be shown that all of the following criteria from RMO Section 17112010 canbe met

A The granting of such a Conditional Use Permit will die in harmony with theelements or objectives of the General Plan

The site is designated in the General Plan for Commercial and on the zoningmap it is designated C313 Medium Commercial with a Design Overlay Theproposed use is in conformity with the General Plan in that C31 MediumCommercial with a Design Overlay zoning is a corresponding zone district withthe Commercial General Plan land use category

B The establishment maintenance or conduct of the use for which the ConditionalUse Permit is sought will not be detrimental to the health safety peace moralscomfort or general welfare of the persons residing or working in theneighborhood thereof

According to the Chief of Police the subject site has historically been thesource of law enforcement problems relating to Asian gangs drugs andprostitution On January 10 2012 the Chief at Police conducted a siteinspection which revealed that the floor plan resembles a hostess bar based onhis experience with the Asian Gang Taskforce The applicant told the Chief ofPolice that he would like to reopen the rear portion of the building as a sports

PC Meeting January 17 2012CUP 1114 DenialPaae 7 of 21

bar karaoke and dance area similar to one located in Temple City which isessentially known as a hostess bar by the Public Safety Department The Chiefof Police is concerned that such business operation would attract clientelewhich will once again result in problems for the City

In addition according to ABC a bona fide public eating place means a placewhich is regularly and in a bona fide manner used and kept open for the servingof meals to guest for compensation and which has suitable kitchen facilitiesconnected therewith containing conveniences for cooking an assortment offoods which may be required for ordinary meals the kitchen of which must bekept in a sanitary condition with the proper amount of refrigeration for keepingof food on said premises and must comply with all regulations of the localdepartment of health Section 23038 The actual use and layout of therestaurant as opposed to the floor plan submitted to the City clearly illustratesthat the applicant does not meet the States definition of a bona fide publiceating place Furthermore the floor plan submitted as Exhibit C clearlymisrepresents the current restaurant layout and is believe to have been anattempt to deceive the City The proposed operation is not suitable at theproposed location due to its proximity to sensitive land uses and the highpotential that the actual use would violate City codes and State law Furtherthe subject site is 600 feet away from Muscatel Middle School and RosemeadChurch of Christ Residential properties are situated less than 100 feet awayfrom the subject site

Therefore the approval of the OnSale beer and wine Type 41 license Will bedetrimental to the health safety piece morals comfort or general welfare ofthe persons residing or working in the neighborhood

C The granting of such a conditional use permit will not be detrimental or injuriousto the property and improvements in the neighborhood or the general welfare

A site inspection completed by the Planning Division on November 16 2011revealed that the floor plan submitted is a misrepresentation of the currentrestaurant layout According to Staffs inspection the front dining area is well litand consistent with a family style restaurant atmosphere but the rear diningarea resembles a hostess bar setting with dim lighting The rear dining area isfurnished with private enclosed lounge areas that do not provide table diningEach lounge area also provides a private television screen The table seatingshown on the applicantsfloor plan in this area does not exist Staff found adance floor disco ball karaoke machinery and a speaker system in this areainstead

In addition on January 10 2012 the Chief of Police conducted a siteinspection which revealed that the floor plan resembles a hostess bar basedon his experience with the Asian Gang Taskforce The Chief of Police has

PC MeeOng January 17 2012CUP 1114 DenlaOPage B of 21

indicated that since 2005 when the applicant and his exwife assumed controlof the restaurant the rear portion of the restaurant once again became anAsian gang hangout The LA County Sheriff Departments undercoveroperations at the subject site revealed underage gang members who fled thescene He also indicated that after the alcohol license was cancelled with ABCthe applicant continued to sell alcohol in the restaurant and had alcohol hiddenbehind the service counter

Therefore the approval of the OnSale beer and wine Type 41 license will bedetrimental or injurious to the property and improvements in the neighborhoodor the general welfare

Section 17112100 of the Rosemead Municipal Code States that in addition to thegeneral findings required for the issuance of a Conditional Use Permit the PlanningCommission or on appeal to the City Council shall find that each of the following factsor conditions exist prior to the issuance of a new Conditional Use Permit authorizing thesale of alcoholic beverages

D The proposed use will not present problems including but not limited toloitering obstruction of pedestrian traffic increased vehicular traffic increasedparking demand crime interference with children on their way to schoolinterference with shoppers using streets defacement and damage to propertyand

The applicant has indicated to the Chief of Police that he would like to reopenthe near portion of the building as a sports bar karaoke and dance areasimilar to one located in Temple City which is essentially known as a hostessbar by the Public Safety Department Since the subject site is located 600 feetaway from Muscatel Middle School and Rosemead Church of Christ and lessthan 100 feet away from several residential properties the approval of the OnSale beer and wine Type 41 license will present problems including but notlimited to loitering obstruction of pedestrian traffic increased vehicular trafficincreased parking demand crime interference with children on their way toschool interference with shoppers using streets defacement and damage toproperty

E The proposed use will not lessen the suitability of any nearby commerciallyzoned properties for commercial use and

A site inspection completed by the Planning Division on November 16 2011revealed that the floor plan submitted is a misrepresentation of the currentrestaurant layout According to Staffs inspection the front dining area is well litand consistent with a family style restaurant atmosphere and that the reardining area resembles a hostess bar setting with dim lighting A hostess bar isnot a permitted use in the City The rear dining area is furnished with private

PC MaeOng January 17 2012CUP 1114 DanielPage B of 21

enclosed lounge areas that do not provide table dining Each lounge area alsoprovides a private television screen The table seating shown on theapplicants floor plan in this area does not exist Staff found a dance floordisco ball karacke machinery and a speaker system in this area instead

In addition according to ABC a bona fide public eating place means as aplace which is regularty and in a bona fide manner used and kept open for theserving of meals to guest for compensation and which has suitable kitchenfacilities connected therewith containing conveniences for cooking anassortment of foods which may be required for ordinary meals the kitchen ofwhich must be kept in a sanitary condition with the proper amount ofrefrigeration for keeping of food on said premises and must comply with allregulations of the local department of health Section 23038 The floor plan ofthe restaurant clearly illustrates that the applicant does not meet the Statesdefinition of a bona fide public eating place

Therefore the approval of the OnSale beer and wine Type 41 license willlessen the suitability of any nearby commercially zoned properties forcommercial use

F The use shall not adversely affect the welfare of area residents or result inundue concentration in the neighborhood of establishments dispensingalcoholic beverages including beer and wine Consideration shall be givenregarding whether the proposed use will detrimentally affect nearby residentiallyzoned communities considering distance to residential buildings churchesschools hospitals public playgrounds and other establishments dispensingalcoholic beverages

Staff has received a worksheet from the State Department of AlcoholicBeverage Control ABC which indicates that the subject restaurant is currentlylocated in a census tract that has an overconcentration of alcohol permitsABC defines overconcentration as greater than one license per 1147residents living within the subject census tract The population of the censustract No 4813 in which the subject property is located is2963 residents Thenumber of allowable onsale ABC licenses for this census tract is three 3Currently there are six 6 authorized onsale licenses for this census tractABC has also determined that this location is located in a high crime district

The Citys Chief of Police has reviewed this request and has indicated that thisproposal cannot be supported On January 10 2012 the Chief of Policeconducted a site inspection which revealed thatthe floor plan resembles ahostess bar based on his experience with the Asian Gang Taskforce Ahostess bar is not a permitted use in the City

PC Meeting January 17 2012CUP 11 14 DwIWPage 10 of 21

In addition the subject site is 600 feet away from Muscatel Middle School andRosemead Church of Christ Several residential properties are situated lessthan 100 feet away from the subject site

Therefore the approval of the OnSale beer and wine type 41 license willendanger or otherwise constitute a menace to the surrounding properties

Public Notice Process

This item has been noticed through the regular agenda notification process whichincludes a 300 radius public hearing notice to thirty 30 property owners publication inthe San Gabriel Valley Tribune and postings of the notice at the six 6 public locationsand on the subject site

Prepared by

ALily TrinhAssistant Planner

Submitted by

Michelle Ramirez

Acting Community Development Director

EXHIBITSA Resolution 1201B Floor Plan and Site PlanC Staff Inspection PicturesD Email Received from Public

Minutes ofthe

PLANNING COMMISSION MEETING

January 17 2012

The regular meeting of the Planning Commission was called to order by ViceChair Rulz at700pm in theCouncil Chambers 8838 E Valley Boulevard Rosemead California

PLEDGE OF ALLEGIANCE ViceChair Ruiz

INVOCATION Commissioner Hunter

ROLL CALL Commissioners Herrera Hunter Saccaro and ViceChair Ruiz

ABSENT Chair Eng

ROLL CALL OF OFFICERS PRESENT City Attorney Murphy Acting Community Development DirectorRamirez Consultant Wong City Planner Bermejo Assistant Planner Tdnh Lt Tim Murakuml Chief ofPolice and Commission Secretary Lockwood

1 EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS

Greg Murphy Clay Attorney presented the procedures and appeal rights of the meeting

2 PUBLIC COMMENTS FROM THE AUDIENCE

None

3 CONSENT CALENDAR

A Approval of Minutes December 19 2011

Commissioner Herrera made a motion seconded by Commissioner Hunter to approve Minutes of121911 as presented

Vote resulted in

Yes Herrera Hunter Ruiz SaccaroNo NoneAbstain None

Absent Eng

4 PUBLIC HEARINGS

A DENIAL OF CONDITIONAL USE PERMIT 1144 Lan Tan has submitted a Conditional Use

Permit application requesting approval for a new OnSale Beer and Wine Type 41 ABClicense in conjunction with a bona fide public eating place located at 8772 Valley Boulevard

ATTACHMENT B

in the C313 Medium Commercial with a Design Overlay zone

PC RESOLUTION 1201 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFROSEMEAD COUNTY OF LOS ANGELES STATE OF CALIFORNIA DENYING CONDITIONALUSE PERMIT 1114 A REQUEST FOR A NEW ONSALE BEER AND WINE TYPE 41 ABCLICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING PLACE LOCATED AT 8772VALLEY BOULEVARD IN THE C3D MEDIUM COMMERCIAL WITH A DESIGN OVERLAYZONE

Staff Recommendation Based on the analysis and findings contained In this report it isrecommended that the Planning Commission DENY Conditional Use Permit 1114 and ADOPTResolution No 1201 with findings

Assistant Planner Trinh presented staff report into the minutes

VlceChair Rutz asked the Planning Commussion if they had any comments or questions for staff

None

ViceChair Rua opened the Public Hearing and asked If there was anyone wishing to speak in favor oragainst this project

Gary Mok presented the Planning Commission with written information to be included Into the record

Consultant Wong addressed the City Attorney and requested a recess to review the information that wassubmitted to the Planning Commission by Gary Mok

Greg Murphy City Attorney replied a ten 10 minute recess will be taken to review the information thatwas just submitted and will reconvene at 720 pm

VioeChair Ruiz opened the meeting and invited the first guest speaker to the podium

Greg Murphy City Attorney recommended to the Planning Commission to not put any more weightonto the information that was just submitted as you would to verbal testimony He stated what has beensubmitted are allegations made by someone who Is In business dealings with the applicant and the soleconclusary evidence is a judgment from the East District El Monte Court House but it Is against thebusiness rather than the individual He also recommended treating this as normal comments from amember of the public who comes to the podium and do not give it additional weight because it is inwritten form or using legal language He also stated this amounts to allegations and matters of opinion andif the Planning Commission has any questions he would be happy to answer them

ViceChair Ruiz asked the Planning Commission If there were any questions for Greg Murphy CityAttorney regarding his recommendation

2111117

ViceChair Ruiz invited Mr Mok the first speaker to the podium

2

Gary Mok speaking on behalf of Chien P Luu thanked the Planning Commission and stated he is theindividual that submitted the information tonight for the Planning Commission to review He also stated thathe is here tonight in objection to Lan Tansrequest

ViceChair Ruiz asked I the Planning Commission had any questions for Mr Mok

None

ViceChair Ruiz invited then next speaker to the podium

Lan Tan applicant stated that the information submitted tonight is for a previous business investment at adifferent location and a court date of February 17 2012 has been set He stated that he does notunderstand why Mr Mok is here objecting to his application He stated he bad a previous business with thisgentleman and gave a brief history of other businesses he has in other sties and stated that some arein his wifes name He also stated that he has gone to the Temple City Sheriffs to try to obtain informationabout his case but has been unable to receive anything He stated that he had also contacted ABC but wastold that If the Conditional Use Permit is not approved by the City they cannot approve the ABC BeerWine license He stated that he does not understand what is going on and will need to contact his atomey

ViceChair Ruiz thanked the applicant and asked If anyone had any questions

Commissioner Herrera asked if the denial is recommended because of Incidents at this location

and requested more information

ViceChair Ruiz stated the recommendation by staff is to Deny Conditional Use Permit 11 14 and askedAssistant Planner Trinh for more detail

Assistant Planner Trinh explained to the Planning Commission that the applicant misrepresented the floorplan on his application and referred to Exhibit B She explained that when staff the Chief of Police andPublic Safety conducted a site inspection the floor plans submitted did not match what was actually at therestaurant She referred to the pictures in Exhbt C and pointed out that the booths did not have tablesthey are almost fully enclosed there are individual televisions three large big screens and the lighting isvery dim in the rear whereas in the front it is fully It She stated that when she spoke with the Chief ofPolice he informed her that the applicant indicated to him that he would like to open the rear of the buildingfor entertainment and karaoke She stated the applicant has also applied for these business Ikenseapplications with the City She stated because of this misrepresentation staff cannot support this use

MceChair Ruiz thanked Assistant Planner Trinh for her exhibits and explanation He stated that GregMurphy City Attorney has explained that we should not any emphasis on the new information submittedtonight but base our decision on the specifics of the lounge and what the applicant is proposing to haveHe also stated that he would like to hear from Lt Tim Murakami the Chief of Police who is present tonightHe asked I there were anymore questions or comments from the audience

None

ViceChair Ruiz closed the Public Hearing and invited Lt Tim Murakumi Chief of Police to the podium

Lt Tim Murakumi Chief of Police stated that he had been an original member of the Asian GangTasklorce and this building in the past was known as the Rose Roan He stated that when it was the RoseRoom a lot of violence had taken place there and it was eventually closed down This applicant has reopened this building as a restaurant but his concern is that the back room that has been transitioned backinto a hostess bar He stated that he is not opposed to a restaurant serving beer and wine but he isconcerned with the back room He explained that the back room is not set up to hold a Quincinera orbirthday parties but is set up Ike a hostess bar He stated that he has spoken with the applicant andexplained to him that he would support a restaurant but he cannot support a nightclub He stated that hecannot support a nightclub scenario and explained in the past they have had difficulties with the back roombeing subleased to individuals that used the restaurants liquor license He stalled that this building hasbeen a past gangster dub He explained that this would not benefit the City and foreseespotential problems for law enforcement If approved

ViceChair Ruiz asked If the Commissioners had any questions for LL Tim Murakurd Chief of Police

Commissioner Hunter stated she thought this application is for a family restaurant

It Tim Murakumi Chief of Police replied that is what the application states but when you look at thebuilding It is not set for that He explained that the problem is that there is a door in the back room that hasan entrance to the street and the door from the restaurant to the rear area has been closed off giving theappearance of two separate entities He also stated without going through that back door you cannot seewhat is going on in that back room at all He stated that he has recommended to the applicant that therestaurant be redesigned and extend the restaurant seating to the back room

Assistant Planner Trinh stated that staff has spoken with Mr Tan regarding the floor plan and possiblymodifying the rear area into a bonafide eating establishment but he has indicated that he wants theentertainment dance floor and karaoke in the rear

ViceChair Ruiz asked Assistant Planner Trinh If the applicant has denied all request and recommendationsthat staff has made

Assistant Planner Trinh replied yes and therefore staff is denying thls application

ViceChair Ruiz thanked staff and asked if anyone else had any questlons

Lan Tan applicant stated he would like to address the Planning Commission

ViceChair Ruiz reopened the Public Hearing and asked Lan Tan to the podium

Lan Tan clarified that the floor plan which is Exhibit B Is the floor plan that had been approved previouslyin 2008 He also explained that he would like the back to be a sports bar and gave examples of what it willinclude televisions to watch sport events three big screens karaoke and a dance floor He also statedhe has a business in Temple City and compared this building to that one

ViceChair Ruiz thanked Mr Tan for his comments and explained that because he has not agreed to any ofthe request and recommendations from staff they are recommending the Denial of Conditional Use Permit

4

11 14 He closed the Public Hearing and asked if the Commissioners had addifimal comments orquestions

Commissioner Saccaro stated that even though the floor plans may have been approved previously for arestaurant the floor plan is not acceptable today for a new Beer and Wine type 41 ABC License

ViceChair Ruiz stated he agrees with Commissioner Saccaro and the pictures in Exhibit C speakfor themselves He thanked Lt Tim Murakumi Chief of Police and staff for their hard work

Consultant Wong stated he would like to reiterate a comment made by Commissioner Saccaro He statedthe ABC does rat meet the criteria but the Planning Commission decision should be based on the cityDods which states it should be a bonafide eating establishment and this establishment is not He statedthat staff has asked for the applicant to modify his plans and he has refined to do so and that is why staff isrecommending the Denial of Conditional Use Permit 1114

ViceChak Ru thanked Consultant Wong and asked for a motion

Commissioner Herrera made a motion seconded by Commissioner Saccaro to approve theDENIAL of Conditional Use Permit 1114 and ADOPT Resolution No 1201 with findings

Vote resulted in

Yes Herrera Hunter Rutz SaccaroNo None

Abstain NoneAbsent Eng

Greg Murphy City Attorney stated if any member of the public or the applicant would like to appealthis matter the appeal must be filed within 10 days of tonightsdecision and the appeal will be heard by theCity Council

5 MATTERS FROM THE CHAIR COMMISSIONERS

Commissioner Herrera asked staff for an update on the red curb on Delta Avenue off of Valley Boulevard

City Planner Bermejo replied that concern was submitted to Public Safety and staff will followup and verifystatus

6 MATTERS FROM STAFF

Acting Community Development Director Ramirez reminded the Panning Commission of the upcomingLunar New Year Festivities taking place this Saturday January 21 2012 as long as the weather permits itK it rains then it will be held on Sunday January 22 2012 or the following weekend She stated this will betaking place at the Auto Auction site

7 ADJOURNMENT

The next regular Planning Commission meeting will be held on Monday February 6 2012 at700 pm

Victor R

VxxCh

ATTE

Rachel Lockwood

Commission Secretary

PC RESOLUTION 1201

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ROSEMEAD COUNTY OF LOS ANGELES STATE OF CALIFORNIADENYING CONDITIONAL USE PERMIT 11 14 A REQUEST FOR ANEW ONSALE BEER AND WINE TYPE 41 ABC LICENSE INCONJUNCTION WITH A BONA FIDE PUBLIC EATING PLACELOCATED AT 8772 VALLEY BOULEVARD IN THE C3D MEDIUMCOMMERCIAL WITH A DESIGN OVERLAY ZONE APN5390010038

WHEREAS on October 10 2011 Lan Tan from Hunan Restaurant filed aConditional Use Permit application requesting for a new OnSale beer and wine Type41 ABC license in conjunction with a bona fide public eating place located at 8772Valley Boulevard and

WHEREAS 8772 Valley Boulevard is located in the C313 Medium Commercialwith a Design Overlay zone and

WHEREAS Section 171120209of the Rosemead Municipal Code RMCallows onsale alcohol licenses in the C1 C3 CBD and M zones upon the granting ofa Conditional Use Permit CUP Section17112010 sets criteria required for grantingsuch a permit These criteria require that the proposed use is deemed

A The granting of such conditional use permit will be in harmony with theelements or objectives of tFbe General Plan and

B The establishment maintenance or conduct of the use for which theconditional use permit is sought will not be detrimental to the health safetypeace morals comfort or general welfare of the persons residing or workingin the neighborhood thereof and

C The granting of such conditional use permit will not be detrimental orinjurious to the property and improvements in the neighborhood or thegeneral welfare

WHEREAS Section 17112100 of the Rosemead Municipal Code states that Inaddition to the general findings required for the issuance cf a Conditional Use Permitthe Planning Commission or on appeal the City Council shall find that each of thefollowing facts or conditions exist prior to the issuance of a new Conditional Use Permitauthorizing the sale of alcoholic beverages

D The proposed use will not present problems including but not limited toloitering obstruction of pedestrian traffic increased vehicular trafficincreased parking demand crime interference with children on their way toschool interference with shoppers using streets defacement and damageto property and

ATTACHMENT C


F The use shall not adversely affect the welfare of area residents or result inundue concentration in the neighborhood of establishments dispensingalcoholic beverages including beer and wine Consideration shall be givenregarding whether the proposed use will detrimentally affect nearbyresidentially zoned communities considering distance to residentialbuildings churches schools hospitals public playgrounds and otherestablishments dispensing alcoholic beverages

WHEREAS Sections 65600 65900 of the California Government Code and

Section 17112010 of the Rosemead Municipal Code authorize the PlanningCommission to approve conditionally approve or deny Conditional Use Permits and

WHEREAS on January 5 2012 thirty 36 notices were sent to property ownerswithin a 300foot radius from the subject property in addition to notices posted in six 6public locations and onsite specifying the availability of the application plus the datetime and location of the public hearing for Conditional Use Permit 11 14 and onJanuary 6 2012 the notice was published in the San Gabriel Valley Tribune and

WHEREAS on January 17 2012 the Planning Commission held a duly noticedand advertised public hearing to receive oral and written testimony relative toConditional use Permit 11 14 and

WHEREAS the Rosemead Planning Commission has sufficiently considered alltestimony presented to them in order to make the following determination

NOW THEREFORE BE IT RESOLVED by the Planning Commission of the Cityof Rosemead as follows

SECTION 1 The Planning Commission HEREBY FINDS AND DETERMINESthat facts do erdst to Justify denving Conditional Use Permit 11 14 according to theCriteria of Chapter17112010 ofthe Rosemead Municipal Code as follows

A The granting of such conditional use permit will be in harmony with theelements or objectives of the General Plan

FINDING The site is designated in the General Plan for Commercial and on thezoning map it is designated C31 Medium Commercial with a Design Overlay Theproposed use is in conformity with the General Plan in that C313 Medium Commercialwith a Design Overlay zoning is a corresponding zone district with the CommercialGeneral Plan land use category

B The establishment maintenance or conduct of the use for which the

2

conditional use permit is sought will not be detrimental to the health safety peacemorals comfort or general welfare of the persons residing or working in theneighborhood thereof

FINDING According to the Chief of Police the subject site has historicallybeen the source of law enforcement problems relating to Asian gangs drugs andprostitution On January 10 2012 the Chief of Police conducted a site inspection whichrevealed that the floor plan resembles a hostess bar based on his experience with theAsian Gang Taskforoe The applicant told the Chief of Police that he would like to reopen the rear portion of the building a a sports bar karaoke and dance area similarto one located in TempleCity which Akessentially known asabar by the PublicSafety Department The Chief of Police is concerned that such business operationwould attract clientele which will once again result in problems for the City

In addition according to ABC a bona fide public eating placemeans a place which isregularly and in a bona fide manner used and kept open for the serving of meals toguest for compensation and which has suitable When facilifies connected therewithcontaining conveniences for cooking an assortment of foods which may be required fororaffnary meals the kitchen of which must be kept in a sanitary condition with the properamount of refrigeration for keeping of food on said premises and must comply with allregulations of the local department of health Section 23038 The actual use andlayout of the restaurant as opposed to the floor plan submitted to the City clearlyillustrates that the applicant does not meet the States definition of a bona fide publiceating place Furthermore the floor plan submitted as Exhibit Cl clearly misrepresentsthe current restaurant layout and is believe to have been an attempt to deceive the CityThe proposed operation is not suitable at the proposed location due to its proximity tosensitive land uses and the high poMlal that the actual use jmUld violate City codesand State law Further the subject site is 600 feet away from Muscatel Middle Schooland Rosemead Church of Christ Residential properties are situated less than 100 feetaway from the subject site

Therefore the approval of the OnSafe beer and wine Type 41 license will bedetrimental to the health safety piece morals comfort or general welfare of thepersons residing or working in the neighborhood

C The granting of such conditional use permit will not be detrimental or injuriousto the property and improvements in the neighborhood or the general welfare

FINDING A site inspection completed by the Planning Division on November16 2011 revealed that the floor plan submitted is a misrepresentation of the currentrestaurant layout According to Staffs inspection the front dining area is well lit andconsistent with a family style restauranIt atmosphere but the rear dining area resemblesa hostess bar setting with dim lighting The rear dining area is furnished with privateenclosed lounge areas that do not provide table dining Each lounge area also providesa private television screen The table seating shown on the applicantsfloor plan in thisarea does not exist Staff found a dance floor disco ball karaoke machinery and a

3

speaker system in this area instead

In addition on January 10 2012 the Chief of Police conducted a site inspection whichrevealed that the floor plan resembles a hostess bar based on his experience with theAsian Gang Taskforoe The Chief of Police has indicated that since 2005 when theapplicant and his exwife assumed control of the restaurant the rear portion of therestaurant once again became an Asian gang hangout The LA County SheriffDepartments undercover operations at the subject site revealed underage gangmembers who fled the scene He also indicated that after the alcohol license was

cancelled with ABC the applicant continued to sell alcohol in the restaurant and hadalcohol hidden behind the service counter

Therefore the approval of the OnSale beer and wine Type 41 license will bedetrimental or injurious to the property and improvements in the neighborhood or thegeneral welfare

D The proposed use will not present problems including but not limited toloitering obstruction of pedestrianfraftic increased vehicular traffic increased parkingdemand crime interference with children on their way to school interference withshoppers using streets defacement and damage to property and

FINDING The applicant has indicated to the Chief of Police that he would liketo reopen the rear portion of the building as a sports bar karaoke and dance areasimilar to one located in Temple City which is essentially known as a hostess bar by thePublic Safety Department Since the subject site is located 600 feet away fromMuscatel Middle School and Rosemead Church of Christ and less than 100 feet awayfrom several residential properties the approval of the OnSale beer and wine Type 41license will present Problems including but not limited to loitering obstruction ofpedestrian traffic increased vehicular traffic increased parking demand crimeinterference with children on their way to school interference with shoppers usingstreets defacement and damage to property


FINDING A site inspection completed by the Planning Division on November16 2011 revealed that the floor plan submitted is a misrepresentation of the currentrestaurant layout According to Staffs inspection the front dining area is well lit andconsistent with a family style restaurant atmosphere and that the rear dining arearesembles a hostess bar setting with dim lighting A hostess bar is not a permitted usein the Citi The rear dining area is furnished with private enclosed lounge areas that donot provide table dining Each lounge area also provides a private television screenThe table sealing shown on the applicantsfloor plan in this area does not exist Stafffound a dance floor disco ball karooke machinery and a speaker system in this areainstead

In addition according to ABC a pond fide public eating place means as a place whichis regularty and in a bona ride manner Lsed and kept open for the serving of meals toguest for compensation and whichhas suitable kitchen facilities connected therewithcontaining conveniences for cooking an assortment of foods which may be required forordinary meals the kitchen ofwhich must be kept in a sanitary condition with the properamount ofrefifgeration for keeping of food on said premises and must comply with allregulations of the local department of health Section 23038 The floor plan of therestaurant clearly illustrates that the applicant does not meet the States definition of abona fide public eating place

Thereforetheapproval of the OnSale beerand wine Type 41 license will lessen thesuitability of any nearby commercially zoned properties for commercial use

F The use shall not adversely affect the welfare of area residents or result inundue concentration in the neighborhood of establishments dispensing alcoholicbeverages including beer and wine Consideration shall be given regarding whether theproposed use will detrimentally affect nearby residentially zoned communitiesconsidering distance to residential buildings churches schools hospitals publicplaygrounds and other establishments dispensing alcoholic beverages

FINDING Staff has received a worksheet from the State Department ofAlcoholic Beverage Control ABC which indicates that the subject restaurant iscurrently located in a census tract that has an over concentration of alcohol permitsABC defines over concentration as greater than one license per1147 residents livingwithin the subject census tract Theggopulation of the census bract No 4813 in whichthe subject property is located is2t63 residents The number of allowable onsaleABC licenses for this census tract is three 3 Currently there are six 6 authorizedonsale licenses for this census tract ABC has also determined that this location islocated in a high crime district

The CitysChief of Police has reviewed this request and has indicated that this proposalcannot be supported On January 10 2012 the Chief of Police conducted a siteinspection which revealed that the floor plan resembles a hostess bar based on hisexperience with the Asian Gang Taskforce A hostess bar is not a permitted use in theCity

In addition the subject site is 600 feet away from Muscatel Middle School andRosemead Church of Christ Several residential properties are situated less than 100feet away from the subject site

Therefore the approval ofthe OnSale beer and wine Type 41 license will endangeror otherwise constitute a menace tothe surrounding properties

SECTION 2 The Planning Commission HEREBY DENIES Conditional UsePermit 11 14 for a new OnSale beer and wine Type 41 license located at 8772Valley Boulevard

W

SECTION 3 This resolution is the result of an action taken by the PlanningCommission on January 17 2012 by the following vote

YES HERRERA HUNtR RUIZ AND SACCARONO NONEABSTAIN NONEABSENT ENG

SECTION 4 The Secretary shall certify to the adoption of this resolution andshall transmit copies of same to the applicant and the Rosemead City Clerk

PASSED APPROVED and ADOPTED this 177 day of January 2012

0

or Rui Chair

CERTIFICATION

I hereby certify that the foregoing is a true copy of a resolution adopted by the PlanningCommission of the City of Rosemeadat its regular meeting held on the 17 day ofJanuary 2012 by the following vote

YES HERRERA HUNTER RUIZ AND SACCARONO NONEABSTAIN NONE

ABSENT ENG

Michelle Ramirez SecearyAPP ED S TO FO

gory W urphy Planning Commission AttorneyBurke Williams Sorensen LLP

N

IF

r

HUNAN SEAFOOD RESTAURANT WC8772VaBlvd

Rosemead Ca 91770

M January 19 2012

City ofRosemead

Re CUPand Alcohol License P I I

To WhomIIMay Concern

We would like appeal theCUP and Alcohol License application which were denied byCity Commissionen on January 17 2012

Any questions please contact us

siaetel

Lan IManh Tan

ATTACHMENT D


STAFF REPORT



DATE FEBRUARY 14 2012


SUMMARY

On January 17 2012 the City of Rosemead Planning Commission conducted a dulynoficed public hearing for Conditional Use Permit 1114 a request for a new OnSale Bearand Wine Type 41 ABC license in conjunction with a bona fide public eating place knownas Hunan Restaurant located at 8772 Valley Boulevard in the C 313 Medium Commercialwith a Design Overlay zone The Planning Commission denied CUP 11 14 based on theanalysis and findings contained in the Planning Commissionsstaff report The PlanningCommission staff report meeting minutes and resolution are attached as Attachments AB and C respectively

On January 19 2012 the City Clerks office received an appeal letter included in thisreport as Attachment D from the applicant Lan Tan requesting to appeal the PlanningCommissionsdecision

Staff RecommendationIt is recommended that the City Council UPHOLD the Planning Commissionsdecision toDENT Conditional Use Permit 11 14 and ADOPT Resolution 201212 Attachment E

ANALYSIS

On October 5 2011 Lan Tan submitted a Conditional Use Permit application requestingapproval for a new OnSale Beer and Wine Type 41 ABC license in conjunction with abona fide public eating place located at 8 Valley Boulevard in the C30 MediumCommercial with a Design Overlay zone Upon hearing all testimonies from the publicthe Commission adopted Resolution No 1201 denying CUP 11 14

CUP 11 14 was denied based on the following reasons

A site inspection completed by the Planning Division Chief of Police and CodeEnforcement revealed that the floor plan Attachment F submitted is amisrepresentation of the current restaurant layout The front dining area is well It

erPaovr0aMY cauNcoMaiuc

ATTACHMENT E

aCowiril RapartFebrmy t4 2012Pape 2 of 3

and consistent with a family style restaurant stmospheT while the rear dining areais configured as a hostess bar setting with dim fighting and lack of diming tablesThe Chief of Police has reviewed this request and has indicated that the applicantsproposal cannot be supported He has indicated that the rear portion of therestaurant has historically been used as a hostess bar under the disguise of alegitimate family restaurant A hostess bar is not a permitted use in the City

The California Department of Alcohol and Beverage Control ABC defines a bonafide public eating place as a place which Is regularly and in a bona Me mannerused and kept open for the serving of meals to guest for compensation and whichhas suitable kitchen facilhhes connected herewdh containing conveniences forcooking an assortment of foods which may be required for ordinary meals thekkhen of which must be kept in a sanitary coWftn with the proper amount ofrefteratbon for keeping of food an said promises and must comply m4M affmgukons ofthe bmi department ofhealth Section 23038 Therefore the actualuse of the restaurant as proposed on the floor plan submitted by the applicantdearly does not meet theStatesdefinition of a bona fide public eating place

On February B 2012 staff received a letter from the property owner attachad asAttachmentGJ The property owner has stated that he opposes the tenants intention ofoperating a restaurant in the front portion of the building and operating the rear portion ofOn building as a hostess bar With the property ownersdisapproval of the use the CityCouncil has additional grounds to UPHOLD the Planning CommissionsDEMAL

LEGAL REVIEW

Resolution 201212 has been reviewed and approved by the City Attorney


Section 15309 of the Calffomin Environmental Quality Act CEQA guidelines exemptsprojects that consist of inspections to dank for the performance of an operation or thequality health and safety of a project from environmental review Accordingly ConditionalUse Permit 11 14 is dassified as a Class 9 Categorical Exemption pursuant to Section15309 of CEQA guidelines and therefore exempt from further environmental analysis


This item has been noticed through the regular agenda notification process which Includesa 300 radius public hearing notice to thirty 30 property owners publication in the SanGabriel Valley Tribune and postings of the notice at the six 6 public locations

Gdl

Prepared by

Lily Trish Michelle RamirezAssistant Planner Acting Community Development Director

AfladrmentA Plannmg Commission Slatr Report dated January 17 2012Attachment 8 Planning Commission Minutes dated January 17 2012Attachment C Planning Commission Resolution 1201Attachment D Appeal Letter dated January 19 2012ANaelvnent E CC Resolution 201212Attechment F Restaurant Floor Plan

Attachment Q Opposition Letler from ills Properly Owner dated February 6 2012

Mkrubes of the

Joint City Counciland

Housing Development CorporationFebn ary 2012

The Joint meeting of the Rosemead Housing Development Corporation and City Council was called to orderby Mayor Ly at708pm In the Rosemead City Cound Chamber located at 8838 East Valley BoulevardRosemead California

PLEDGE OF ALLEGIANCE Di ectodCouncl Member Clark

INVOCATION DiracfodCouncil Member Low

PRESENT PresidentMayorLy ViKwPresident Mayor Pro Tom Armenta DirectorsCouncil MembersAlarcon Clark and Low

STAFF PRESENT City Manager Allred City Attorney Richman Assistant Chy Manager HawkesworlhActing Community Development Director Ramirez Director of Finance Brisco Director of Parks andRecreation MoniomerySma Public Works Director Marcarello and City Clerk Molleda

1 ORDINANCES READ BY TITLE ONLY

State law requires that all ordinances be read in ful prior lo the City Council taking action howeverby motion unanimously adopted the City Attorney can be instructed iP mad all ordinances by tileonly

Recommendation That the City Attorney be instructed to read all ordinances which appear on thisagenda by atle only and that further reading be waived

DlrectorlCouncll Member Polly Low made a motion seconded by VlcePresldentlMsyor Pro TomSandra Armenta to approve ordinances byfitls only Vote resulted m

Yes Alarcon Armenta Clark Low LyNo NoneAbstain NockAbsent None

2 PUBLIC COMMENTS FROM THE AUDIENCE None

3 PUBLICHEARINGS

Agar Item 3B was moved up for0cussion

Rosemead Housing Devebpmerd Mpwdm and CAy Councr JmtAfesftNutt ofFokru 1 MIPage t Gr 1f

ATTACHMENT F

B Appeal of Conditional Use Permit 11148772 Valley Boulevard

On January 17 21312 the CRY of Rosemead Planning Commission conducted a duly noticedpublic hearing for Conditions Use Permit 1114 a request for a new OnSale Beer arci WineType 41 ABC license inconcton with a bona fide pubic eating place known as HunanRestaurant located at 8772 Valley Boulevard in the C3D Mectum Commere121 with aDesign Ovhalay nine The Planning Commission denied CUP 1114 based on the analysisand findings contained in the Planning Commissionsstain report

On January 19 2012 the City Clerks office received an appeal teltertom the applicant LanTan req uestng to appeal the Planning Commissionsdecision

Recommendstion That In City Council UPHOLD the Planning Commisslcds decision toDENY Conditional Use Permit 1114 and Adopt Resolution No 201212 entillad

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ROSEMEAD CALIFORNIA DENYING THE APPEAL ANDUPHOLDING THE PLANNING COMMISSIONSDECISION TODENY CONDITIONAL USE PERMIT 1114 A REQUEST FOR ANEW ONSALE BEER AND WINE TYPE 41 ABC LICENSE INCONJUNCTION WITH A BONA FIDE PUBLIC EATING PLACELOCATED AT 8772 VALLEY BOULEVARD IN THE C31

MEDIUM COMMERCIAL WITH A DESIGN OVERLAY ZONE5388010838

Executive DsedorClfyMaWerAfred gave a brtefsuuxnary oftine d affreport

Assistant PlannerLAy Trish explained that on January 1P the Rosemead Planning Commission conducted apublic hearing for Conditional Use Permit 11 1410 request a new Type 41 beer and wine license inconjunction with a bonhafhde pubic eating place known as Hunan Restaurant After hearing all the testnnh nyon this item the request was denied by the Planning Commission The appllcard submitted a later to the CityClerks Office appealing the Commissionsdecision The Commission denied the permit due to the follmgreasons After a sde inspection was conducted by the Planning Division the Chief of Police and CodeEnforcement d was revealed that the floor plan submitted is a misrepresentation of the current restaurantlayout The front eating area N well lit and Is consistent with a family rests rant atmosphere however therear dining area is configured as a hostess bar setting with dim lighting and lack of dining tables A hoslsesbar Is not permitted in the City Secondly the actual use of the restaurant as proposed by the applicantclearly does not meet California Alcohol Licerse and Beverage Controlsdeflnifion of a bonadide eating pieceThe Planning Division the Chief of Police and Code Enforcement have triad to work with the applicant tomoddy the floor plan of the rear area into a family restaurant atmosphere however the applicant indicatedthat he did not want to modily the floor plans Therefore staff is recommending that the City Council upholdthe Planning Commissionsdecision to deny the Conditonal Use Permit 11 14 and approve Resolution 201212

Lan Tan Reshauuranf owner asked that the City CohmcB postpone the public heading In try to work with stayand remodel the back portion of the restaurantRwmend fkudgr Derekpmard Cmphhrenmh end Cny CoundlJtMeefthelmets ofFebrtrery 14 2017Paee2d11

Ali Aired stated that staff would Ike b continue the pubic hearing to March 271h and give the PlanningDivision and Public Safety articient lime to work with the applicant to possibly modify the rearend of thebuilding

ResiderWMayorLyapened the Public Hearing at715pmthere being no commends PresldentlMa wLycontinued the Pubic Heading to ft March272012 G ly Couocir meeting

DirectorlCounci l Member Polly Low made a motion seconded by DlreclodCouncil Member WilliamAlarcon to continue the Public Hearing on March 27 Vote resulted in

Yes Alarcon Armenta Clark Low LyNo None

Abstain NoneAbsent Norm

A Public Hearing on the Fiscal Year201213Action Plan for FeduualtyFunded Programs

The City Courtrai will conduct Its required annual pubic hearing regarding the projecled useof federal Community Development BbcJk Grard CDBG and HOME Investment PartnershipHOME funds for Be upcoming 20122013 fiscal year The US Deparhnent of Housingand Urban Development HUD has not yet announced the final amounts to be allocated toparticipating communities however cities have been warned that Congress will make severecuts to these programs an expected 356 In RosemeadsCDBG allocation and 25decrease in HOME funds The drastic funding reduction to the CDBG program will result inreduced funding for the CIVs Senior Nutrition Lurch program currently operated at theGarvey Community Cerdw and the Rosemead Community Recreation Center Due to thefunding reductions it may be necessary to consolidate the Citystwo Senior Nutrition lunchprograms Inb a single location

Under federal regulations no more than 15 of the CDBG allocation or an estimated114750 can be used lorsodd service activi0es Written proposals have been receivedfrom seven 7 organizations that are current recipients which include the Family CounselingServices People for People Rosemead High Schod Rosemead School District SouthernCallfornla Housing Rights Center The Whole Child and YMCA of VW San Gabriel ValleyIn addition proposals have also been submitted by Farnily Promise and Mentally andEducationally Retarded CX Inc Mena Due to the impending federal fundingreductions allocations to social service agencies will also be reduced or In some caseseliminated

Recommendation That the City Council conduct a public hearing and take publictestimony onthe Annual Action Plan covering the period July 1 2012 June302D13 Nofurther City Council action is necessary

AcIM Coarrwnity Development Direciorhicholk Ramirez reviewed the statfmport

RVOW Heusirg Dehebpment Caporadar and DkCa ndJoni MeefnpAINI s arFalmy 14 2ai1Page 3 aril

PresiderdftwLy opened the Pu6frcHeanhg at 720pm

Geome Nalbach RepreseMaHwe of Santa Anita Family Services explained that CDGB funds received arcused to offer tamily counseling and a variety of other services to Rosemead families

John Lovato Representative of the Rosemead School District stated that the CDGB trading helps toprovide panels and students with parentng classes conitict resolution and educating parents and studentsto raise achievements

Ron Esguivel Representative of the Rosemead School District stated that ailendance ofdivorce families inthe parenting classes have increased and thanked the City Council for supporting the program

Norene RandDaector of People for People flanked the City Council for their continued support andfunding which has provided two parttime employees and services for over 75 Rosemead tamales

Holly a Representative of People for People thanked the City Council for their support and the Cityassistance during Christmas season that helped many families

Leoncr Ortem Representatve of the Housing Rights Center staled that their program provides manyservices to landiads and tenants in the City of Rosemead

Charlene Dimas Pomade Chief Executive Officer of the Whole Child program slated they providehomeless family services to families that need housing assistance

Martha Escanuelas Representative of Mentally and Educationally Retarded Citizens Ina thanked CityCouncil for considering their application for CDGB funding and added that they provide services to mullhandicap nonverbal patlerds to improve their quality of lie

Prrsfdefntdi4ayor Ly closed Ure Pubic Hearing at 737pm Mo further action was required at this fire

4 CONSENT CALENDAR

A Claims and Demands

Resoludon No CDC 2012 04

Recommendation to approve Resolution No CDC 2012 04 entitled

A RESOLUTION OF THE SUCCESOR AGENCY OF THE CRYOF ROSEMEEAD ALLClIIIING CERTAIN CLAIMS ANDDEMANDS IN THE SUIT OF17752864NUMBERED 11677THROUGH 11661 INCLUSIVELY

Rmm udHaugDeveAoMMCaWAmandCayCowaJwdNknbsofFekn 14 2011Page 4 of 11

Resolution No HDC 2D12 02

Recommendation to approve Resolution No HDC 2012 02 entitled

A RESOLUTION OF THE HOUSING DEVELOPMENTCORPORATION OF THE CITY OF ROSEMEAD ALLOWINGCERTAIN CLANS AND DEMANDS IN THE SUM OF191430NUMBERED 1543 THROUGH 15 INCLUSIVELY

Rmlution No201213

Recommendation to approve Resolution No 201213 entitled

A RESOLUTION OF THE CITY COUNCIL OF THE CRY OFROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDSIN THE SUM OF191636193NUMBERED 76217 THROUGHM55 INCLUSIVELY

B Inshilatiar of Full Capture Trash System in Catch Basins Projects Award ofContract

As pad of the CitysFiscal Year 2011 12 Capital Improvement Program the City Courdapproved the Installation of Frill Captue Trash Systems it Catch Basins Project whichconsists of retrof4ting sbLone 61 ofthe CWs 661 stommNaler catch basins with trashcapture devices to prevent Infiltration of trash from the storm leator system b thewalerwaysThe retrofit of these satyore basins is the fast phase In retrofllting all catch basks byOcher 2016 in compliance with the LA River Trash TAI Mmrwm Daly Load rMDL andwater quality permit mandates

Recommendation That the City Council

1 Approve the plans end specifications for the project and

2 Authorize the City Manager to enter ink a cakaed with Time Structure In the amount of2696000and establish an amount of4000 apiamdmaiely 15 to cover the cost ofunforeseen construction expenses

Juan Nunez asked if gardeners are required to obtain permits because of the concern of blowing bash onthis street

PresidWVNnyor Ly explained that the unfunded mandate is from the Fsveonmental Piulection Agencywhich requires cities to capture the intoning wafer irom storm drains

Diof Public Waft Mamarello stated that the catch basks are to regulate trash being dumped In stormdrains

RaaameadHauaingDerelapin dCoWationandCdyCouradJah1MeetingAkan ofFebruary 2011Page 5di1

DNectorCound klamber Clark expressed concern that the catch basins may have unintendedconsequences and clog the sham drains

SmuNeUmiovr4Marmger Abed explained that the cost to install the storm drains will be 27000

C Approval of Parcel Map No 71253 3953 Delta Avenue

Parcel Map No 71253 is being submitted for consideration and approval prior to therecordation of the parcel map All conditions of approval and public improvements on thesite have been completed to the satisfaction of the Pubic Works Department

Recommendation That the City Council approve Parcel Map No 71253 and direct the CityClerk to arrange for the recordation of the map

D RightoFWey Certification for FederatiyFundml Projects

As part of the Crys2131112Capital Improvement Program budget the City Councilapproved a program filed HeimanSan Gabriel Intersection Improvements wMch consistsofthe construction of concrete Intersection traffic signed upgrade and appurtenances at theintersection of Hellman Avenue and San Gabriel Boulevard This project Is federallyfundedthrough the Metropolitan Transportation Agency MTA and California Department ofTransportation Caltrans

Recommendation That the City Corsysl approve Resolution No 201211 enttod

A RESOLUTION OF THE CITY COUNCIL OF THE CT1Y OFROSEMEAD CALIFORNIA AUTHORIZING THE CITYMANAGER OR THE DIRECTOR OF PUBLIC WORKS TOEXECUTE RIGHTOFWAY CERTIFICATIONS FORFEDERALLYFUNDED TRANSPORTATION PROJECTS WfTH

THE CALIFORNIA DEPARTMENT OF TRANSPORTATION

E Resolution No 201202Authorizing tim qty Manager or designee to acceptrrevocable Offers of Dedication

Irrevocable Offers of Dedication IOD am made In conjunclon with private improvementsprojects and map subdivisions usually as a condition of approval related to a project IODsrepresent a portion of landkeal property that Is dedicated by a properly ownerto the Clty fora public purpose such as rightofwayenhancement sidewalk installation or planting ofstreet frees IODs are reviewed by the Pubic Works Department and subsequentlypresented to the City Council for consideration After completion of improvement work egInstallation of sidewalk bees the City can formally accept to offer of real property to beused for public puposes Approval of the resolution will allow the City Manager or designeeto accept IODs on behalfof the Clty Such delegation will streamline efforts for processingthese Isms

Rosemead hbuft Devabpmmd Corporation and CayCmmdrJW MeantMrnubs dFebniary 14 2611Page 6 411

Recommendation That The CityCouncil approve Resolution No 281202 entitled

A RESOLUTION OF THE CRY COUNCIL OF THE CITY OFROSEMEAD CALIFORNIA AUTHORMM THE CRYMANAGER OR DESIGNEE TO ACCEPT IRREVOCABLEOFFERS OF DEDICATION

F Sidewalk Curb and Gutter Reptaoment Project Award of Contract

As part of the Citys fiscal Year 201112 Capital Improvement Program the City Councilapproved the Sidewalk Curb and Gutter Replacement Projecr which consists of the repayand replacement d sidewalk curb and guter in various locations in the City This project wallImprove American With Disabaities Ad ADIA compliance and Is funded through gas taxmonies

Due to the cu rrent competitive construction climate the surxessful bid received was lowerthan anticipated and budgeted it ie therefore prudent to take advantage of the low pricesreceived and add additional sidewalk locations to this project Additional ocatons will beadded based on the Cllys Sidewalk Curb anal Gutter Repair List These locations havebeen compiled with input from the Tralk Commission the public and staff observationsBased on this ti is recommended fiat a 25 contingency amount be allocated to thisconstruction project The contingency amount Is wlthri the links established In the CityPurchasing Poky and will be used to cover unforeseen con truction expenses and theinstallation of additional repair locations

Recommendation That the qty Counct

1 Approve the plans and specifications for the Sidewalk Curb and Gutter ReplacementProject

2 Authors the City Manager to enter Into a contract with Kormx Inc for the SidewalkCurb and Gutter Replacement Project in the amount of142057 In addition aut ortman amount of OAK as a contingency to cover the cost of additional sidewalklocations and unforeseen construction expenses

G Resolution No201214Proclaiming Termination of Local Emergency

On December 1 2011 the Director of Emergency Services proclaimed a local emergen yexisted In the qty of Rosemead The City Council ratified said sclion on December 5 2011as a result of conditions ofextreme pert to the safety of persons and property caused byhigh winds At this time it is appropriate to proclaim the termination of said local emergency

Recommendation That to City Count approve Resolution No 201214 errtlied


ROSENEAD CALIFORNIA PROCLAIMING TERMINATION OFLOCAL EMERGENCY

RimmixadHousing Deueop ml COMMflon end ally Camd Joint r setthtinutaroFehrvery to ot1Age7artl

VicePresidenMNayor Pro Tom Sandra Arments made a motion seconded by DhectodcouncilMember Polly Low to approve Consent Calendar demo Vole resulted in

Yes Alm000 Armenh Clark Low LyNo NoneAbstain NowAbsent None

i MATTERS FROM CITY MANAGER STAFF

A MldYear Budget Update

The City Council will be provided with a FY 201112 mldyear budget update presentationalong with a brief economic look towards the upcorning fiscal year The recently updatedStralegin Purr Identlties key goals and objectives to ensure longterm fiscal sustainabllty andstaff has been working to ensure that these are met However recent actions taken by Statelawmakers to eliminate redevelopment have caused immediate adverse impacts on thestability of the Qft current fiscal year and beyond At this time efforts are being made tomitigate the creed to draw from the General Fund reserve balance at a rate ofapproomatdy100000 per month it Dolor to maiitain eft service levels Aside from the impacts ofthe deficits created by the Stale the General Fund revenues have proven to be stable andare generally in die with budget projections Assessed property values are erpected tomoderately increase this year sales tarn revenue is projected to meet budget m ectationsKid mosfother revenues have not varied significantly from budget estimates

Recommendation That the City Council approve receive and file the midyear update

Hnance Dkector Brlsco reviewed the staffraporf end presented a bndPbwerPbintpmsw t ffw

PoweftWpreseMation is avabble in the CllyOWs office forXft view

Executive DlredorAlred reiterated that the City Council previously adopted five principles as part of theCt ys annual budget and strategic plan to help approach and maintain responsibility te the community andoversee fnandel responsibilities

Rmce Dinedor isoo w0ained that the legislation also passed Senate Blti 89 which eliminated VehicleLicense Fees these are fees that cities collected resulting In a 204000short fall

PmsldenWnw icy asked If the League of California Cities wee taking action regarding the elimination ofVehicle License Fees which violates Proposition 22

Assistant CilyManager Hee mmvorth stated that a joint lawsuit between the League of California Cities andsame cities have tied preliminary filings agalst SBO9

Roswmad ttWxN Development Cwpaaton and My Camel Joint A settMWnsslFabnmryl4 2011tbae 0of11

Fnme DhembrBrisco continued with presentation and added that the current general fund expenditures willcover the remaining redevelopment agencys cost left of 500000 Mr BdBco reiterated that managementhas limited their supplies and service coat Some Capital Improvement Project funds are able to awumuis 6ethrough Preposttiar A or Proposition C funds that can be used for other projects With the dissolution ofredevebpment came the elminaft of lowamwderalle income housing funds however with Senate Btil 654It will help preserve some of the housing money but will riot come irdo effect urtl January 2013

WeebMaund Member Clark asked ifSB654 had been approved and signed by the Governor

PresfdoWayor Lydarifted that SS654 was passed by the legislators and the big is considered a nonurgency bill therefore will not take effect until 2013

Asctsf d City ManagerHawkesowil explained fret Assembly Big 15115 had not been approved whichcontains the urgency language that resulted in removing the urgency language from SB654 He added thatthe big supports low income and only secures the exlsing fund balance and does not sultMze any newfuming

Finance Director Bosco continued with the presentation and explained that In order to mantaln financialstability the City will have to control coststall sc istmenfs to programs renegotiate with contractors Ifmhtraveling and meeting expenses update fee schedules and seek highest yield investments

MrectodCoundl Member Polly Lax made a motion seconded byVicePresidenfrMayorPro TernSandra Amon to receive and file the midyear budget updaf Vote resulted in

Yes Alarcon Annents Clark Low LyNo None

Abstain NonaAbsent None

6 MATTFEtS FROM MAYOR 6 CfrY COUNCIL

A Oversight Board AppolntmentB

The Ctiy Condl will consider the appohdment of two Indlviduals to serve on the OversightBoard for the Successor Agency of the fomer Rosemead Community DevelopmentCommission One Oversight Board Member will be appoined by the Mayor to rspresent theCity The other Board Member wllbe appointed by the Mayor from the ranks of theRosemead Employees Association to represent the employees of tie former RosemeadCommunity Development Commssfon

Recommendation That the City Council provide direction or tale action as it deemsappropriate

Executive Director 01y ManagerAW reviewed ft stafmpat

RwwmadHoas v Dambpmerd CmpWft and City CaraJ011 MWfkvyVhuks orFekwW f4 2effPage g aril

CHy Coundlnommafed CityAlfenagerAMW w a boardrnwdwto the Ovrarslght CwwdA e

DlmctDdCoundl Member Polly Low made a motion seconded by VleePmaideatfMayor Pro TernSandra Annenta to appoint City Manager Allred to the Oversight Committee Vote resulted in

Yes Alarcon Armenta Clary Low LyNo NoneAbstain None

Absent New

City Cound nominated Admioistrative Assistant Martin Janes as a board member to the OversfgldCornrrose

Dkeet dCouncll Member William Alarcon made a motion seconded by DirectorCouncil MemberMargaret Clark to appoint Administrative Assistant Merlin Jones to the Oversight Committee Voteresulted in

Yes Alarcon Armed Clark Low LyNo NoneAbstain NoneAbsent Now

DimctorCormer7libinbarClarh asked for the meeting to adjourn In memory ofXavier QuIrr iUa whopassed away

PresldenVAlkyor Ly explained that six years ago tus month his father was iegnosed wAh cancer and losthis battle ayear Wier that Mr Ly explained that he had shaved his hair off as a way to haver his lather andan opportunity to raise money for Relay for life which the City of Rosemeadparlicipates in every year Heurged the public to log into the webete b donate to this cause and participate In the City s Relay for Lifeevent to be held on June 9a

PrwidwtMayorLyadjoumed the Horsing Devebpmerd Corporafton and Cdy Courrc17 meeting to dosedsesslon at 808 Am

7 CLOSM SESSION

A Conference with Legal Counsel Potential LitigationGovernment Code Section 549569b t matter

Tim Housing Development Corpom8on and Cdy Cmndtocomened barktrom dosed session with noreportable adorns at 824pm

Rwwwad Houang Dow4w7ed Co waWn and Cdy Cana dJodd UnkuAandas dfehwry iA RehrPage 10orr

8 ADJOURNMENT

The meeting adjourned in memory of Xavier QuritanRa at824pm The nedregular City Council meeting Isscheduled to take place an February 28 20112 at 7ODpm

ATTEST

Gloria Molleda

Cily Clerk

RoewneedHeueiny oerebpmevd GLrpore0on and OfyCcfflaidUwftMhAw of ehnM 14 2011pep 11 efll

STATE OF CALIFORNIACOUNTY OF LOS ANGELES SS

CITY OF ROSEMEAD

I Gloria Molleda City Clark for the Rosemead Cily do hereby certify that the meeluuigdnules from February 2012 were duly and regularly approved and adopted by the RosemeadCity Council on the 13m of March 2012 by the toflosdng vole to wit

Yes Alarcon ArrneMa Clark Low LyNo None

Abstairr NoneAbsent None

HUNAN SEAFOOD RESTAURANT8772 ValleyBlvd

Rosemead CA91770

March 6 2012

City of RosemeadPlanning Community DevelopmentATTN Lily Trinh8838 E Valley BlvdRosemead CA 91770

Dear Ms Wnh

Receivoit yPlaniiJ n

Dat 3 8 a

I would like to request an extension of 60 days for my appeal of the PlanningCommissionsdenial ofaConditional Use Permit for the sale ofbeer and wine atHunan Seafood Restaurant

I have been reviewing the concerns expressed by the Commission file staff and theSheriff s Department and I have recently engaged the services of a consultant to assistin the development of a new site plan to address those issues It appears that somecreativity will be necessary to address all the issues raised at the hearing and inmeetings with the staff The limitations ofthe site make it difficult to accommodate allofthe concerns

I would appreciate the additional time to work with myconsultant and engineer tomake the necessary revisions to the plans and submit them with adequate time for staffreview I have been operating a successful business in just aportion of the existingbuilding for the last seven years and 1 wouldvery much like to expand that operation totake full advantage ofthe entire building

For your records I have engaged the services ofIsft Michael Lewis of LewisCompany Inc to assist in the revisions to my plans

I would be most appreciative of your favorable consideration ofmy request

Sincerely

Tony TanOwner

ATTACHMENT G


STAFF REPORT



DATE MARCH 27 2012

SUBJECT APPEAL OF CONDITIONAL USE PERMIT 11448772 VALLEY BOULEVARD

SUMMARY

On January 17 2012 the City of Rosemead Planning Commission conducted a dulynoticed public hearing for Conditional Use Permit 11 14 CUP 1114 a request for a newOnSale Beer and Wine Type 41 ABC license in conjunction with a bona fide publiceating place known as Hunan Restaurant The restaurant is located at 8772 ValleyBoulevard in the C31D Medium Commercial with a Design Overlay zone The PlanningCommission denied CUP 11 14 based on the analysis and findings contained in thePlanning Commissions staff report The Planning Commission staff report meetingminutes and resolution are included in this report as Attachments A B and Crespectively

On January 19 2012 the City Clerks office received an appeal letter Attachment Djfrom the applicant Lan Tan requesting to appeal the Planning Commissionsdecision

The City Council conducted a duly noticed public hearing for the appeal of CUP 11 14 onFebruary 14 2012 The City Council staff report and meeting minutes are included in thisreport as Attachments E and F During the public hearing Mr Tan asked the CityCouncil to postpone the public hearing so that he could continue to work with staff toaddress all the issues raised during the Planning Commission hearing The Councilunanimously approved his request and the meeting was continued to March 27 2012

On March 8 2012 staff received a second letter from Mr Tan Attachment Grequesting an additional 60 days to address the Citys concerns The letter states that hehas engaged the services of Mr Michael Lewis of Lewis Company Inc to assist in therevisions of his plans


It is recommended that the City Council CONTINUE the public hearing for the appeal ofCUP 11 14 to June 12 2012

APPROVED FOR CRY COUtlCOAGEWk

ATTACHMENT H

City Count ReportMad 27 2012Page 2 of 2

ANALYSIS

On February 22 2012 Community Development Department and Public SafetyDepartment staff completed a joint site inspection of the Hunan Restaurant Mr Tan wasalso present During the meeting staff provided Mr Tan with several recommendationsfor interior floor plan modifications to make the rear portion of the building Consistent with arestaurant establishment


During the City Council meeting on February 14 2012 staffs report included a letter fromthe property owner Attachment H dated February 6 2012 In this letter the propertyowner states that he opposes the tenants intention of operating a restaurant in the frontportion of the building and operating the rear portion of the building as a hostess bar

Mr Tan states in his recent letter to the City that creativity will be necessary to address allthe issues raised during the hearings and meetings with staff If Mr Tan intends tooperate a full service restaurant at 8772 Valley Boulevard floor plan modifications will berequired


Section 15309 of the California Environmental Quality Act CEQA guidelines exemptsprojects that consist of inspections to check for the performanbe of an operation or thequality health and safety of a project from environmental review Accordingly ConditionalUse Permit 11 14 is classified as a Class 9 Categorical Exemption pursuant to Section15309 of CEQA guidelines and therefore exemptfrom further environmental analysis



Prepared

byQPrepared by

Sheri Bennejo Michelle Ramirez

City Planner Acting Community Development Director

Attachment A Planning Commission Staff Report dated January 17 2012Attachment B Planning Commission Minutes dated January 17 2012Attachment C Planning Commission Resolution 1201Attschmera D Appeal Letter dated January 19 2012Attachment E City Council Staff Report dated February 14 2012Attachment F City Council Meeting Minutes dated February 14 2012Attachment G Letter requesting a 60 day extension from Lan Tan dated Merck 8 2012Atierhment H Opposition Letter from the Property Owner dated February 8 2012

Minutes of the

City Council MeetingMarch 27 2012

The regular meeting of the Rosemead City Council was called to order by Mayor Ly at702 pm in theRosemead City Council Chamber located at 8838 East Valley Boulevard Rosemead California

PLEDGE OF ALLEGIANCE Mayor Pro Tern Armenta

INVOCATION Council Member Alarcon

PRESENT Mayor Ly Mayor Pro Tem Armenta Council Members Alarcon Clark and Low

STAFF PRESENT City Manager Allred City Attorney Richman AssistantCity Manager HawkesworthActing Community Development Director Ramirez Director of Finance Brisco Director of Parks andRecreation MontgomeryScott Public Works Director Marcarello and City Clerk Molleda

1 ORDINANCES READ BY TITLE ONLY

State law requires that all ordinances be read in full prior to the City Council taking action howeverby motion unanimously adopted the City Attorney can be instructed to read all ordinances by titleonly

Recommendation That the City Attorney be instructed to read all ordinances which appear on thisagenda by title only and that further reading be waived

Mayor Pro Tern Sandra Armenta made a motion seconded by Council Member Polly Low to approveordinances by title only Vote resulted in


Abstain None

Absent None

2 PUBLIC COMMENTS FROM THE AUDIENCE

Juan Nunez disagreed with the recommendation of item 5F to raise the Vietnamese flag side by side withthe American flag but rather have it raised in their perspective churches homes or clubs Mr Nunez alsoasked if seniors pay for their lunches at the community centers He suggested that seniors should pay anaddition dollar more to prevent the program from exhausting

Mayor Ly replied that the seniors who are residents of Rosemead may give a donation of125 and 3 fornon residents

Rosemead City Council Regular MeetingMinutes ofMarch 27 2012Page i of 10

ATTACHMENT I

Ron Esquivel representative of the Rosemead School District thanked the City Council for the continuedsupport and reiterated that the program is asking for at least7000 to operate Mr Esquivel also thankedCity staff for being responsive and removing a damaged tree from of his property

3 PRESENTATIONS

Earthquake Preparedness Month Proclamation

Mayor Ly read the proclamation and declared the month of April as Earthquake Preparedness Month

Public Safety Coordinator Mandy Wong explained that as part of the 20122013 Strategic Plan staff createda challenge called Get Ready Rosemead Challenge to encourage residents and businesses to build asurvival kit and educate the community on emergency preparedness

Recognition to outgoing Mayor and Mayor Pro Tern

Carina Lieu representative of Congresswoman Judy Chusoffice presented a congressional recognitioncertificates to outgoing Mayor Steven Ly and outgoing Mayor Pro Tern Sandra Armenta

Olive Lee representative of Assembly MembersMike Engs office presented certificates of congratulationsto outgoing Mayor Steven Ly and outgoing Mayor Pro Tem Sandra Armenta for their leadership anddedication to the City

Mayor Vincent Yu of Temple City congratulated the Council on the citys improvement projects andpresented certificates of recognition to Mayor Steven Ly and Mayor Pro Tern Sandra Armenta for theirdedication

Ron Esquivel representative of the Rosemead School District presented a certificate of appreciation tooutgoing Mayor Steven Ly and outgoing Mayor Pro Tern Sandra Armenta for their service to the City anddedication to public education

Bob Bruesch representative of the Garvey School District congratulated outgoing Mayor Steven Ly andoutgoing Mayor Pro Tern Sandra Armenta for their service

Nick Davalli Assistant Fire Chief presented certificates of acknowledgement of dedication of service tooutgoing Mayor Steven Ly and outgoing Mayor Pro Tern Sandra Armenta

4 PUBLIC HEARING

A Appeal of Conditional Use Permit 1114 Denial 8772 Valley Boulevard

On January 17 2012 the Planning Commission conducted a public hearing for ConditionalUse Permit 11 14 CUP 11 14 a request for a new OnSale Beer and Wine Type 41 ABClicense in conjunction with a bona fide public eating place known as Hunan Restaurant Therestaurant is located at 8772 Valley Boulevard in the C3D Medium Commercial with a

Rosemead City Council RegularMeetingMinutes of March 27 2011Page 2 of 10

Design Overlay zone The Planning Commission denied CUP 11 14 based on the analysisand findings contained in the Planning Commissionsstaff report

On January 19 2012 the applicant Lan Tan requesting to appealed the PlanningCommissionsdecision

The City Council opened a public hearing for the appeal of CUP 11 14 on February 14 2012At that time the applicant asked the City Council to postpone the public hearing so that hecould continue to work with staff to address all the issues raised by staff and the PlanningCommission The Council approved his request and the hearing was continued to March27 2012

On March 8 2012 staff received a second letter from the applicant requesting an additional60 days to address the Citys concerns

Recommendation That the City Council CONTINUE the public hearing for the appeal ofCUP 11 14 to June 12 2012

Council Member Polly Low made a motion seconded by Mayor Pro Tom Sandra Armenta to continuethe public hearing for the appeal of CUP 1114 to June 12 2012 Vote resulted in


Abstain NoneAbsent None

Mayor Pro Tom Armenia announced that a certificate of recognition was received from the Alhambra UnifiedSchool District as well

B Approval of Entertainment Permit for Cafe Cau Vong 3365 Walnut Grove Avenue B

On March 13 2012 the City Council continued a public hearing on an application for anEntertainment License for the operation of a Karaoke machine between the hours of 800pm and 1200 am daily at Cafe Cau Vong On March 20 2012 the owner of Cafe CauVong withdrew his application and requested that the City Council take no further action

Recommendation No further action is necessary

Mayor Ly stated that the applicant requested to withdraw his application

5 CONSENT CALENDAR

A Minutes

March 13 2012 Special Meeting

Rosemead City Council Regular MeetingMinutes of March 27 2011Page 3 of 10

B Claims and Demands

Resolution No 2012 19

Recommendation to approve Resolution No 2012 19 entitled


ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS

IN THE SUM OF 97409936 NUMBERED 76680 THROUGH76804 INCLUSIVELY

C Release of Cash Deposit Parcel Map 68743

A Faithful Performance Bond and a Labor and Materials Bond were required to guaranteeconstruction sewer laterals curb and gutter sidewalk parkway drains plant street trees andinstall survey monuments for Parcel Map 68743 In lieu of bonds a cash deposit was issuedto the City in the amount of825000 All improvements have been completed to thesatisfaction of the Public Works Department and there is no reason why the cash depositshould not be released

Recommendation That the City Council accept the public improvements and surveymonuments and refund the cash deposit to Melody Hong

D Approval of Undertaking Agreement for Parcel Map No 71294 9223 Rose Street

Parcel Map 71294 is being submitted for consideration and approval along with anundertaking agreement to guarantee construction of public improvements subsequent to therecordation of the parcel map

Recommendation That the City Council approve Parcel Map No 71294 and theundertaking agreement and direct the City Clerk to arrange for the recordation of the finalmap

E Residential Street Resurfacing Project Award of Contract

As a part of the CitysCapital Improvement Program the City Council approved a projecttitled Residential Resurfacing Project which consists of asphalt concrete overlay andreconstruction of road pavement and repairs to damaged curb sidewalk and gutterlocations The project is funded through Proposition 1 B and Gas Tax funds

Recommendation That the City Council

1 Approve the plans and specifications for the Residential Street Resurfacing Project and

Rosemead City Council Regular MeetingMinutes ofMarch 27 20f 1Page 4 of 10

2 Authorize the City Manager to enter into a contract with All American Asphalt for theResidential Street Resurfacing Project in the amount of86600000and establish acontingency in the amount of 10 of the bid 86600 to cover any unforeseenconstruction expenses

F Vietnamese American Heritage and Freedom Flag

The Vietnamese Refugee Community of Los Angeles County is requesting that theRosemead City Council support the Vietnamese American citizens of the City of Rosemeadby adopting Resolution No 201219 acknowledging the Vietnamese American Heritage andFreedom Flag as a symbol of freedom and democracy in Vietnam In addition theVietnamese Refugee Community of Los Angeles County would like the City Council to allowthem to display the flag side by side with the American flag on the light posts on ValleyBoulevard from Walnut Grove to Mission Drive from Saturday April 28 2012 thru SaturdayMay 5 2012 The display of the Vietnamese American Heritage Freedom Flag and theUnited States Flag in this manner is consistent with the protocol specified in the UnitedStates Flag Code

Recommendation That the City Council approve Resolution No 201219 entitled

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFROSEMEAD CALIFORNIA ACKNOWLEGING THE

VIETNAMESE AMERICAN HERITAGE AND FREEDOM FLAGAS A SYMBOL OF FREEDOM AND DEMOCRACY IN VIETNAM

Council Member Polly Low made a motion seconded by Mayor Pro TeaSandra Armenta to approveConsent Calendar items Vote resulted in

Yes Alarcon Armenta Clark Low LyNo NoneAbstain None

Absent None

6 MATTERS FROM CITY MANAGER STAFF

A CDBG and HOME Programs Annual Action Plan for Fiscal Year 201213

Due to fiscal austerity actions taken by the federal government the City of Rosemead willincur a3425 cut to its current1037683 allocation of Community Development BlockGrant CDBG funds and a5239 cut to its current 480683 HOME InvestmentPartnerships HOME funds This means the total funds available in the FY 201213 forCDBG will be reduced to 682256 and for HOME will be reduced to 228955 The drasticfunding reduction to the CDBG program will result in a 48000 cut to the Citys SeniorNutrition Lunch program currently operated at the Garvey Community Center and theRosemead Community Recreation Center Due to this funding reduction the consolidationof the two Senior Nutrition Lunch programs into a single location will be necessary In

Rosemead City Council Regular MeetingMinutes ofMarch 27 2011Page 5 of 10

addition due to the CDBG funding reduction allocations to social service agencies will bereduced or in some cases eliminated

Under federal regulations no more than 15 of the FY 201213 CDBG allocation or102338 can be used for social service activities This is 53314 less than the currentgrant allocation In addition to the Senior Nutrition Lunch program operated by the Parksand Recreation Department written proposals were received from eight 8 otherorganizations that could qualify under the social service activity cap with requests totaling205355 Unfortunately the drastic cut to the CDBG program will prohibit the funding ofmany of these activities while others Oil be severely reduced as shown in the following table

PROJECT

Family C unseling ServicesFamily Promises HomelessServices

Merci HousingPeople for PeopleRosemead High SchoolRosemead School District

Senior Nutrition Lunch ProgramThe Whole Child HomelessServices

YMCA of W San Gabriel ValleyTOTAL

SOCIAL SERVICES BUDGET AND REQUESTS

Approved2011 12

Budget39000

100005000

2734510000700077824

50005000

17116900

15 Ca 15564900 10233800 i 10233800Anticipated Program Income 1552000 900000 1 900000F r

71169A0TOTAL SOCIAL SERVICE CAP 1 i 11133800 11133800

Difference 000 9401700 000

Increased costs are due to payment of salaries related to the program that were previously paid by CDBGPlanning and Administration funds In addition the General Fund will contribute 108670 towards this program

The cut to CDBG funding will also have a negative affect on the amount allowable forPlanning and Administrative services No more than 20 or 136451 of the FY 201213grant amount can be used for Planning and Administrative services which is a reduction of71086 from the current FY grant As a result several personnel salaries and benefits oncepaid under the Planning and Administrative services cap must be reduced moved intoanother CDBG activity or eliminated

Recommendation That the City Council receive public input review and approve theCDBG and HOME funding recommendations for inclusion in the Citys FY 20122013 Annual


201213

Request40000

1000050002734510000700093010

80005000

20535500



Difference 000 9401700 000





201213

Recommended

Budget6000

5000

7328

93010

11133800



Difference 000 9401700 000





Action Plan Final City Council approval of the FY 201213 Annual Action Plan will bescheduled for the April 24 2012 City Council meeting

Interim Community Development Director Michelle Ramirez reviewed the staff report

Council Member Low asked if the City would incur additional cost if the full 93010 is not allocated from theCDBG grant to the senior nutrition lunch program

Mrs Ramirez replied that the citys general fund would have to make up to difference in cost

City Manager JeffAllred stated that the general fund was already allocating 108670 to the senior nutritionprogram and further CDBG grant reductions would have to be contributed by the citys general fund

Council Member Clark asked if the amount allocated was enough to keep the senior nutrition programoperating as it is

Mrs Ramirez replied that with the current amount being allocated the senior nutrition program would have tobe consolidated into one community center She further explained that the total amount needed to operatethe senior nutrition program is approximately 206380 of which 93010 will be funded by the CDBG SocialService cap4700 by the CDBG Administration cap and the remaining balance of 108670 by the citysgeneral fund

Council Member Clark asked what services are required by the CDBG program to be funded

Mrs Ramirez explained that the US Urban Housing and Development highly recommend funding of anysocial service to assist low and moderate income family household individuals Second to fund programs thatservice homelessness which has been lacking in the city Mrs Ramirez reiterated that HUD requested thatthe city continue allocating money towards homelessness

City Manager Allred replied that staff recommended a5000 contribution to the Family Promises program

Council Member Clark asked if seniors were asked to pay an additional 1 towards their lunch would thatallocate more money for other organizations

Mrs Ramirez replied that the money currently being collected from the senior lunches is a donation only andnot a required payment

Mayor Ly asked how much money is collected with senior luncheon donations

Mrs Ramirez replied that approximately 11000 is collected however a percentage of the money goes backto CDBG and the general fund for their contribution

Council Member Low suggested allocating money to the YMCA who provides homeless servicesMayor Pro Tom Armenta asked if the allocated amount to homeless services could be divided amongFamily Promises and the YMCA


Mrs Ramirez stated that the allocation may be divided however the YMCA has not submitted any requiredreports to show what they service and Family Promises has submitted the required reports and its locatedwithin the city boundaries

Mayor Pro Tem Armenia suggested dividing other allocated amounts for Family Counseling and allocate3000 to the Rosemead School District

Mayor Ly asked Mrs Ramirez to explain why6000 was recommended for Family Counseling and nothingfor the Rosemead School District

Mrs Ramirez explained that criteria is to service low to moderate income households and Family Counselingprovides services to everyone including parents and children in the City of Rosemead She added thatRosemead High School only services the children attending the school

Council Member Clark stated that she would like to allocate1000 to Rosemead School District1000 toRosemead High School and4000 to Family Counseling

Mrs Ramirez stated that if Council would accept Mrs Clarks recommendation staff would need to inquirewith both organizations to verify if they would be able to operate with the limited funding

Ron Esguivel explained that the Family Counseling program targets low income families and providesparenting skills child care and planning with the Asian Pacific Clinic in their respective languages

Bob Bruesch suggested contacting Habitat for Humanity to aid in some services and the City may waivefees as inkind services towards HUD money which may free up for other services

Mrs Ramirez stated that unfortunately working with Habitat for Humanity would not affect the bearing on thecap for CDBG funds allocated for social services which is 15 percent of the grant

Council Member Clark reiterated her motion to direct staff to look into allocating4000 to FamilyCounseling1000 Rosemead High School and1000 to Rosemead School District

Mayor Pro Tem Armenia asked if Rosemead High School could not operate with just1000 could thatmoney go back to the Rosemead School District

Mrs Ramirez replied yes staff will speak to Rosemead High School and determined if the1000 allocatedfunds is enough to operate

Council Member Margaret Clark made a motion seconded by Council Member William Alarcon todirect staff to look into allocating4000 to Family Counseling1000 Rosemead High School and1000 to Rosemead School District

Yes Alarcon Armenia Clark Clark LowNo None



Council Member Clark explained that the Federal Government has cut funds which make it difficult toallocated money to organizations like People for People

7 MATTERS FROM MAYOR CITY COUNCIL

Council Member Clark stated that she would not be available to attend the April 10th City Council meetingbecause she will be out of town Mrs Clark congratulated Mayor Pro Tem Sandra Armenta

Mayor Ly stated that he was honored to have served as Mayor for the city and thanked Council and staff formaintaining a healthy reserve fiscal responsibility and implementing the beautification program two newaquatic centers and a new civic parking IoL

Council Member Low thanked outgoing Mayor Steven Ly for his service as Mayor

Mayor Pro Tem Armenta stated that Mr Ly was born for the Mayor position and she was really proud of himfor making the council cohesive and for accomplishing so many projects under his Mayorship

Council MemberAlarron congratulated outgoing Mayor Steven Ly on his service as Mayor

8 CITY COUNCIL REORGANIZATION

This is the time for the Council to reorganize by appointing a Mayor and Mayor Pro Tem respectively foroneyeartenns

A Appointment of Mayor City Clerk Presiding

City Clerk Gloria Molleda announced that it was appropriate to take nominations for City Mayor at this time

Council Member William Alarcon made a motion seconded by Council Member Polly Low tonominate Sandra Armenta as the next City Mayor Vote resulted in

Yes Alarcon Armenta Clark Low LyNo NoneAbstain NoneAbsent None

B Appointment of Mayor Pro Tem Newly appointed Mayor Presiding

Mayor Annenta asked for Mayor Pro Tem nominations

Council Member Margaret Clark made a motion seconded by Council Member Steven Ly to nominatePolly Low as Mayor Pro Tem Vote resulted in


Rosemead City Councr7 Regular MeetingMinutes of March 27 2011Page 9 of 10


City Council presented a certircate of recognition to outgoing Mayor Steven Ly for his outstanding services

9 CLOSED SESSION

A Conference with Legal Counsel Existing LitigationGovernment Code Section 549562 aCal Poultry v City of Rosemead Case No USDC CV1202409

B Conference with Legal Counsel Potential LitigationGovernment Code Section 549569b1matter

C Conference with Labor NegotiatorsGovernment Code Section 549576

Negotiators for the City City Manager Jeff Allred andAssistant City Manager Matt Hawkesworth

City Attorney Rachel Richman stated that the City Council would discuss three items in Closed Session

Council recessed to closed session at803pm Mayor Arments reconvened the City Council meeting at 932pm

City Attorney Richman reported out of closed session stating Mayor Pro TemPolly Low made a motionseconded Council Member William Alarcon to directed the law firm ofBurke Williams and Sorenson LLP torepresent the City in the Cal Poultry v City of Rosemead case with a 510 vote

10 ADJOURNMENT

The meeting adjourned at 933pm The next regular City Council meeting is scheduled to take place an April10 2012 at 700pm in the Garvey Community Center located at 9100 Garvey Avenue

Sandra Armenta

MayorATTEST

Iona Molleda

City Clerk


STATE OF CALIFORNIACOUNTY OF LOS ANGELES SS

CITY OF ROSEMEAD

I Gloria Molleda City Clerk for the Rosemead City do hereby certify that the meetingminutes from March 27 2012 were duly and regularly approved and adopted by the RosemeadCity Council on the 12 of June 2012 by the following vote to wit


Abstain None

Absent None

Gloria Molleda

City Clerk

HUNAN SEAFOOD RESTAURANT8772 Valley Blvd

Rosemead CA 91770

May 17 2012

City of RosemeadPlanning Community DevelopmentATTN Lily Trinh8838 E ValleyBlvdRosemead CA 91770

Dear Ms Trinh

J3e0

I would hike to request an additional extension of 30 days for my appeal of the PlanningCommissionsdenial of a Conditional Use Permit for the sale ofbeer and wine atHunan Seafood Restaurant and an Entertainment License

I have been reviewing the concerns expressed by the Commission the staff and theSheriff s Department and I have recently engaged the services of a consultant to assistin the development of a new site plan to address those issues My consultant has metwith City Staff and Jim Donovan ofthe Building Department has made a personalinspection of the site

We have completed a list of changes that need to be made to the site plan and presentedit to the staff I have also obtained a copy of the previous siteplanfrom the City

I would appreciate the additional time to work with my consultant and newly hiredengineer to make the necessary revisions to the plans and submit them with adequatetime for staff review I have been operating a successful business in just a portion ofthe existing building for the last seven years and I would very much like to expand thatoperation to take full advantage of the entire building

I would be most appreciative ofyour favorable consideration ofmy request

Sincerely

TonTony Tan

Owner

ATTACHMENT J


STAFF REPORT


FROM JEFF ALLRED CITY MANAGER 40DATE JUNE 12 2012


SUMMARY

On January 17 2012 the City of Rosemead Planning Commission conducted a dulynoticed public hearing for Conditional Use Permit 11 14 CUP 1114 a request for a newOnSale Beer and Wine Type 41 ABC license in conjunction with a bona fide publiceating place known as Hunan Restaurant The restaurant is located at 8772 ValleyBoulevard in the C3D Medium Commercial with a Design Overlay zone The PlanningCommission denied CUP 11 14 based on the analysis and findings contained in thePlanning Commissions staff report The Planning Commission staff report meetingminutes and resolution are included in this report as Attachments A B and Crespectively

On January 19 2012 the City Clerks office received an appeal letter Attachment Dfrom the applicant Lan Tan requesting to appeal the Planning CommissionsdecisionThe City Council conducted a duly noticed public hearing for the appeal of CUP 11 14 onFebruary 14 2012 The City Council staff report and meeting minutes are included in thisreport as Attachments E and F During the public hearing Mr Tan asked the CityCouncil to postpone the public hearing so that he could continue to work with staff toaddress all the issues raised during the Planning Commission hearing The Councilunanimously approved his request and the meeting was continued to March 27 2012

On March 8 2012 staff received a request from Mr Tan Attachment G requesting anadditional 60 days to address the Citys concerns The letter states that he has engagedthe services of Mr Michael Lewis of Lewis Company Inc to assist in the revisions ofhis plans On March 27 2012 the City Council unanimously approved his request andextended the public hearing to the June 12 City Council meeting The City Council staffreport and meeting minutes are included in this report as Attachments H and T

Since March 27 2012 staff has met with the applicant and his consultant several times todiscuss possible floor plan revisions On May 24 2012 the applicant submitted a letter tothe City Attachment J requesting an additional extension of 30 days to work with hisconsultant and engineer to make necessary revisions to the floor plan

APPROVED FOR CITY COUNCIL AGENDA ATTACHMENT K

City Council ReportJune 12 2012Page 2 of 3


It is recommended that the City Council CONTINUE the public hearing for the appeal ofCUP 11 14 to July 24 2012

ANALYSIS


Over the last several months staff from the Community Development Department andPublic Safety Department staff have completed site inspections of the Hunan Restaurantwith Mr Tan and his consultant During these meetings staff provided Mr Tan withrecommendations for interior floor plan modifications to make the rear portion of thebuilding consistent with a restaurant establishment

During the week of May 21 2012 the California State Department of Alcoholic BeverageControl contacted the Planning Division regarding the status of the appeal They haveconducted a recent site inspection and agree that the restaurant floor plan should bemodified to be consistent with a full service restaurant

In Mr Tans most recent letter to the City Attachment J he indicates that he hascompleted a list of changes that need to be incorporated into formal architectural drawingsOnce the plans are completed they will be submitted to the City


Section 15309 of the California Environmental Quality Act CEQA guidelines exemptsprojects that consist of inspections to check for the performance of an operation or thequality health and safety of a project from environmental review Accordingly ConditionalUse Permit 11 14 is classified as a Class 9 Categorical Exemption pursuant to Section15309 of CEQA guidelines and therefore exempt from further environmental analysis



City Council ReportJune 12 2012Page 3of3

Pr

Lily TrinhAssistant Planner

Prepared by

V L

Michelle Ramirez

Community Development Director

Attachment A Planning Commission Staff Report dated January 17 2012Attachment B Planning Commission Minutes dated January 17 2012Attachment C Planning Commission Resolution 1201Attachment D Appeal Letter dated January 19 2012Attachment E City Council Staff Report dated February 14 2012Attachment F City Council Meeting Minutes dated February 14 2012Attachment G Letter requesting a 60day extension from Lan Tony Tan dated March 8 2012Attachment H City Council Staff Report dated March 27 2012Attachment I Draft City Council Meeting Minutes dated March 27 2012Attachment J Letter requesting a 30day extension from Lan Tony Tan dated May 17 2012

HUNAN SEAFOOD RESTAURANT8772 Valley Blvd

Rosemead CA 91770

July 16 2012

City ofRosemeadPlanning Community DevelopmentATTN Lily Trinh8838 E Valley BlvdRosemead CA 91770

Dear Ms Trmh

I would like to request an additional extension of 90 days for my appeal of the PlanningCommissionsdenial of a Conditional Use Permit for the sale of beer and wine at HunanSeafood Restaurant and an Entertainment License

I have been reviewing the concerns expressed by the Commission the staff and theSheriffsDepartment and I have recently engaged the services of a consultant MichaelLewis to assist in the development of a new site plan to address those issues Myconsultant has met with City Staff and Jim Donovan of the Building Department hasmade a personal inspection of the site

We have completed a list of changes that need to be made to the site plan and presented itto the staff I have also obtained a copy of the previous site plan from the City

I would appreciate the additional time to work with my consultant and newly hiredarchitect to make the necessary revisions to the plans and submit them with adequate timefor staff review I was called out of the country unexpectedly six weeks ago and havebeen unable to communicate with my consultants despite their repeated attempts to reachme I just returned on July 14th I have been operating a successful business in just aportion of the existing building for the last seven years and I would very much like toexpand that operation to take full advantage of the entire building

I would be most appreciative ofyour favorable consideration of my request

Sincerely

Tony Tan V

Owner

ATTACHMENT L

Documents

ROSEMEAD CITY COUNCIL