Zoning Review Committee

ZONING REVIEW COMMITTEE AGENDA CITY OF EL MONTE ZONING REVIEW COMMITTEE TUESDAY, SEPTEMBER 12, 2023 6:00 P.M. CITY HALL EAST – COUNCIL CHAMBERS CITY OF EL MONTE 11333 VALLEY BOULEVARD ZONING REVIEW COMMITTEE This meeting shall be conducted in compliance with the procedures of Government Code section 54953 as most recently amended by AB 2449 CHAIRPERSON which took effect January 1, 2023. As amended by AB 2449, Government Pablo Tamashiro Code section 54953(f) allows less than a quorum of the Planning SENIOR PLANNER Commission to participate remotely at any given meeting of the Planning Nancy Lee Commission where the remote participant(s) have a statutorily defined “just cause” reason or “emergency” reason for participating remotely. CHIEF BUILDING OFFICIAL When a member of the Planning Commission participates remotely Jess McCloskey pursuant to Government Code section 54953(f), the location from which the Planning Commission member is participating remotely does not need to be identified on the agenda and does not need to be open to members of the public. Because Government Code section 54953(f) allows Planning Commission members to notify the City of their need to participate remotely as late as the start of the meeting, the Planning Commission will prepare for all meetings with the assumption that some number of its members (less than a quorum) might need to participate remotely pursuant to Government Code section 54953(f). All such meetings will be conducted in compliance with the requirements of Government Code section 54953(f)(1). Per Government Code section 54953(f)(2)(B), any Planning Commission member who participates remotely per Government Code section 54953(f) “shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals” Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend the meeting in person at City Hall East – Council Chambers. 2) Call-in Conference (669) 444-9171; Meeting ID 819 5313 8958 and then press #. Press # again when prompted for participant ID. Phone: (626) 258-8626 Members of the public wishing to make public comment may do www.elmonteca.gov so in one of the following ways: planning@elmonteca.gov ZONING REVIEW COMMITTEE AGENDA SEPTEMBER 12, 2023 (1) Call-in Conference (669) 444-9171; Meeting ID 819 5313 8958 and then press #. Press # again when prompted for participant ID. Once admitted into the meeting, press *9 to request to speak. (2) Email or Telephone– All interested parties can submit comments in advance to the Planning Division’s general telephone line: (626) 258- 8626 or planning@elmonteca.gov. All comments must be received by the Planning Division no later than 3:00 pm on September 12, 2023. Instruction regarding accommodation under the Americans with Disabilities Act can be found on the last page of this Agenda. OPENING OF MEETING 1. Call Meeting to Order 2. Flag Salute 3. Roll Call 4. Public Comments Citizens wishing to address the Zoning Review Committee on land use and development matters may do so at this time. Note that the Committee cannot respond to or take any action on the item. Citizens wishing to speak on an agenda item will be given the opportunity to speak after the item is presented by staff. Limit your comments to three (3) minutes. State your name and address for the record. PUBLIC HEARING 5. Minor Use Permit (MUP) No. 11-22 Address: 11819 Valley Boulevard / APN No. 8565-012-003 Request: The Applicant is requesting approval to establish the sale of alcoholic beverages (on-sale of beer and wine license – Type 41 ABC License) for on-site consumption within an existing 1,600 square foot bona-fide eating establishment (Los Planes De Renderos). The subject site is located in the C-3 (General Commercial) zone. The MUP request is made pursuant to Chapter 17.123 (Conditional and Minor Use Permits) of the El Monte Municipal Code (EMMC). CEQA Determination: Article 19. Categorical Exemptions – Section 15301 (Class 1 – Existing Facilities) in accordance with the requirements of the Agenda | 2 ZONING REVIEW COMMITTEE AGENDA SEPTEMBER 12, 2023 California Environmental Quality (CEQA) Act of 1970 and the CEQA Guidelines, as amended. Case Planner: Debra Martinez, Assistant Planner Recommendation: Open the public hearing; 1. Receive presentation from staff; 2. Pose questions to staff; 3. Allow members of the public to offer comment; 4. Pose follow up questions to staff; 5. Close the public hearing; and 6. Approve the Minor Use Permit request, adopt the Conditions of Approval and adopt the Categorical Exemption. NEXT SCHEDULED ZONING REVIEW COMMITTEE MEETING Tuesday, October 10, 2023, at 6:00 p.m. City Hall East – City Council Chambers Availability of staff reports: Copies of the staff reports or other written documentation relating to each item of business described hereinabove are available on the City’s Home Page at www.elmonteca.gov or http://ci.el-monte.ca.us/AgendaCenter You may also call the Planning Division at (626) 258-8626 for more information. Individuals with special needs: The City of El Monte wishes to assist individuals with special needs. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Division at (626) 258-8626. Notification 48 hours prior to the meeting will enable us to make reasonable arrangements to ensure accessibility to this meeting. [28 Code of Federal Regulations 35.102-35.104 ADA Title II] General explanation of how the meeting is conducted: 1. The staff report is presented by City Planning staff. 2. The Zoning Review Committee may ask questions if necessary for clarification. 3. The Zoning Review Committee Chair opens the public hearing. 4. The applicant makes a presentation to the Zoning Review Committee. 5. Individuals speaking in favor of the project address the Committee. 6. Individuals speaking against the project address the Committee. 7. The applicant responds to project opponents. 8. The public hearing is closed. 9. Zoning Review Committee members discuss the project. 10. Zoning Review Committee members vote on the project. 11. Any interested party who disagrees with the Zoning Review Committee decision may appeal the Committee’s decision to the Planning Commission within 10 calendar days. Any appeal filed must be directed to the City Clerk’s Office and must be accompanied by a fee of $933.00 or $1,575.00 (depending on the type of project). Any individual that received notice of this meeting from the City of El Monte will receive notice of an appeal if one is filed. Agenda | 3 STAFF REPORT SEPTEMBER 12, 2023 TO: CITY PLANNING COMMISSION FROM: BETTY DONAVANIK COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR BY: DEBRA MARTINEZ ASSISTANT PLANNER APPLICATION: MINOR CONDITIONAL USE PERMIT NO. 11-22 LOCATION: 11819 VALLEY BOULEVARD (APN 8565-012-003) APPLICANT: PLANES DE RENDEROS LLC PROPERTY OWNER: OSCAR F. BURGARIN ENVIRONMENTAL ARTICLE 19. CATEGORICAL EXEMPTIONS – CLASS 1 DETERMINATION: SECTION 15301 (EXISTING FACILITIES) IN ACCORDANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) OF 1970 AND THE CEQA GUIDELINES, AS AMENDED. RECOMMENDATION: ADOPT A CATEGORICAL EXEMPTION UNDER SECTION 15301 (CLASS 1 – EXISTING FACILITIES) AND APPROVE MINOR CONDITIONAL USE PERMIT NO. 11-22, SUBJECT TO CONDITIONS. REQUEST The Applicant requests to establish the sale of alcoholic beverages (on-sale of beer and wine - Type 41 ABC License) for on-site consumption within an existing 1,600 square foot bona-fide eating establishment (Los Planes De Renderos). The proposed on-sale of beer and wine will operate in conjunction with meal service and is considered ancillary to the primary use of a bona-fide restaurant. The subject site is in the C-3 (General Commercial) zone. The request is made pursuant to Section 17.123 (Conditional and Minor Use Permits) of the El Monte Municipal Code (EMMC). MCUP NO. 11-22 | 11819 VALLEY BLVD. | 1 SUBJECT PROPERTY: Location: North of Valley Blvd. (between Baseball Ave. & Mountain View Rd. General Plan: Urban Multiuse Zone: C-3 (General Commercial) Street Frontage: approximately 50 linear feet Lot Size: Approximately 0.16 AC (7,000 SF) Existing 2,950 ± SF structure (1,600 ± SF of commercial tenant space Development: with attached 1,350 ± SF of residential space) SURROUNDING PROPERTIES: Zoning: General Plan: Land Use: North: C-3 (General Commercial) Urban Multiuse Mixed use South: C-3 (General Commercial) Urban Multiuse Multi-tenant commercial East: C-3 (General Commercial) Urban Multiuse Commercial Retail West: C-3 (General Commercial) Urban Multiuse Multi-tenant Commercial ZONING & AERIAL PHOTO: N N N MCUP NO. 11-22 | 11819 VALLEY BLVD. | 2 Exhibit 1: Site Plan VALLEY BLVD N MCUP NO. 11-22 | 11819 VALLEY BLVD. | 3  Exhibit 2: Floor Plan Main Entrance DINING AREA (922 SF) N KITCHEN/STORAGE (540 SF) N INCIDENTAL USE (138 SF) MCUP NO. 11-22 | 11819 VALLEY BLVD. | 4 Exhibit 3: Front Elevation MCUP NO. 11-22 | 11819 VALLEY BLVD. | 5 BACKGROUND: The subject site is developed with an approximate 2,950 ± SF structure that consists of 1,600 ± SF of commercial tenant space with two (2) attached dwellings. Per the Los Angeles County Assessor, the commercial building was built in 1948 and the residential units were built in 1936. Per LA County Assessors records, the existing commercial tenant space consists of 1,055 SF. with attached residential units consisting of 1,350 SF. The Applicant previously was issued a building permit to allow the expansion of the restaurant in 2014, however, did not obtain a final inspection for the expansion of the restaurant space. Staff determined that the applicant may finalize the expansion and tenant improvement (TI) with the current application without requiring additional off-street parking for the site. A Condition of Approval has been added for the Applicant/Owner to finalize the expansion. Per Business License records, the subject tenant space has been occupied by various restaurant uses since 2006. The various restaurant uses have accommodated casual dining with an indoor seating area. Business License records also reflect Los Planes de Renderos (Los Planes de Rendero LLC, Business Owner)has been in operation as a restaurant at the subject site since November 8, 2011. Los Planes de Renderos restaurant, is a permitted “by-right” use within the subject tenant space and zoning classification (C-3 Zone) in which the property is located in. A Minor Use Permit (MUP) is requested, to establish the sale of alcoholic beverages (on-sale of beer and wine license – Type 41 ABC license) for on-site consumption in conjunction with meal service and is considered ancillary to the primary use of bona-fi. Site Access, Parking & Circulation The subject property is a 7,000 SF (or 0.16 acre) lot with single driveway access along Valley Blvd. (primary entry). The site is surrounded by multi-tenant commercial and mixed uses. There are a total of two (2) off-street parking spaces that serve the site. Pedestrian access to the restaurant is provided through one (1) entry door along Valley Blvd. at the storefront of the unit. The MCUP will not require additional off-street parking for the site. Floor Plan The applicant does not propose any changes to the layout and floor plan of the existing restaurant. The existing tenant space is 1,600 SF with direct pedestrian access from the public street. See Exhibit 2 for the existing floor plan. The existing floor plan/restaurant consists of:  922 SF or 57% of Serving Meals;  138 SF or 9% of restrooms and hallway; and  540 SF or 34% of kitchen/storage/prep area. Pursuant to the “Restaurant” definition and to be considered a bona fide restaurant pursuant to EMMC 17.150.080. A minimum of 20 percent of the GFA shall be designated, equipped and used exclusively for the storage and preparation of food and beverages. A MCUP NO. 11-22 | 11819 VALLEY BLVD. | 6 minimum of 50 percent of the GFA of the building is designed, equipped and used exclusively for seating of patron for the purpose of serving meals. A maximum of 30 percent of the GFA may be devoted to incidental used including the sale of alcoholic beverages for on-site consumption, ancillary entertainment as defined in this Chapter, restrooms and offices. Meals shall be served at all times the restaurant is open; and if alcoholic beverages are sold, they shall be incidental to that of food. Staff has included a condition of approval to restrict the storage/preparation of alcohol to be located only behind the counter/service area and kitchen/storage area as shown on the floor plan (Exhibit 2). Business Operations Los Planes de Rendero LLC is a family-owned restaurant offering a wide variety of seafood, salads, shrimp, soups, tacos, pupusas and other fusion dishes. The restaurant staff consists of six (6) full-time employees. The Business owner anticipates hiring three (3) additional with the added alcohol sales. Existing hours of operation are from Sunday through Saturday from 8:00 AM to 9:00 PM. No changes in hours of operation are being proposed. The Planning Division has added a Condition of Approval to require that the sales of alcohol remain concurrent with food service and the existing hours of operation of the business. Safety & Security As a Condition of Approval, the applicant will be required to provide high-definition interior security cameras within the dining area of the restaurant to ensure that business activities are conducted in a safe and orderly manner. The Police Department will have the authority to request to view all recordings and make changes to the security plan as needed. In addition, all recordings must be kept onsite for at least 45 calendar days. PROJECT ANALYSIS: 2011 General Plan Consistency The 2011 El Monte General Plan Land Use Element designates the subject site as “Office Commercial” and encourages the establishment of retail and service commercial uses to serve the neighborhood and region. A mixture of retail, personal services, and food and beverage establishments are permissible uses. The proposed project is consistent with following General Plan Land Use policy:  Policy LU-4.4: Economic Development. Support the development of commercial uses, both citywide and in strategic areas that strengthen the economy.  Policy LU-4.5: Balanced Growth. Direct land uses and community growth in a manner that is consistent with community-wide goals and is consistent with the vision of the General Plan. Los Planes De Rendero LLC has been operating at the subject property for nearly 12 years. The proposed on-sale of beer and wine to the existing restaurant will enhance the current operations of the business. Combining food service with on-sale beer and wine allows for added economic value to the business that can facilitate economic growth for the City, which is consistent with the intent of the General Plan. MCUP NO. 11-22 | 11819 VALLEY BLVD. | 7 El Monte Zoning Code & Minor Use Permit Pursuant to the EMMC Section 17.112.030 a restaurant in the C-3 zone, may propose on-site sale of alcohol in a restaurant with limited hours subject to the Zoning Review Committee review and approval. The subject site is located in the C-3 (General Commercial) zone which allows for the requested on-sale of beer and wine. Furthermore, the existing restaurant complies with all “Restaurant Definition Requirements”, pursuant to Section 17.150.080 of the EMMC, as shown on the following table: Table 2- Restaurant Definition Requirements Development Use Restaurant Proposed Meet Requirement Requirement(s) Storage and Preparation 34% of Food and Nonalcoholic 20% (min.) Yes (540 SF Kitchen/storage) Beverages Dining area (Seating and 57% 50% (min.) Yes Serving meals) (922 SF dining room) Incidental uses: On-sale Alcoholic Beverages, Live 9% Entertainment, Pool 30% (max.) (138 SF Yes Tables, Restrooms and restrooms/hallway) Offices Total 100% 100% (1,600 sf) Yes Furthermore, other conditions of approval have been placed on the use’s operations such as hours of operation and security measures to address any potential impacts on surrounding properties. California Department of Alcohol Beverage Control (ABC) As a part of the Alcoholic Beverage Control (ABC) License request evaluation process, City Staff contacted ABC for statistical information relating to the number of existing active on-sale licenses within Census Tract No. 4333.02, in which the site is located. According to ABC, there is one (1) existing on-sale license found within the Census Tract with a maximum of one (1) on-sale licenses is recommended. Therefore, the maximum number of recommended licenses have been issued to the Census Tract. The request would result in an over concentration of ABC licenses and a finding of Public Convenience or Necessity must be made by the governing body in order to obtain the requested ABC license. CITY REVIEW PROCESS: Staff and other City Departments and Divisions have reviewed the project through the City’s internal review process. This review process enables the various City Departments and Divisions (i.e. Planning, Building, Public Works/Engineering, Police and Fire) to review development proposals for conformity with the provisions established in the City’s Municipal Code. Additionally, the review process ensures that each development proposal is designed to be compatible with any existing structures onsite and/or the neighboring properties. In turn, the quality and economic health of local residential, commercial and industrial districts are maintained. The concerns and/or conditions of all reviewing parties MCUP NO. 11-22 | 11819 VALLEY BLVD. | 8 are included in the recommended conditions of approval. Public notices were mailed to all property owners within a 300-foot radius of the subject property. ENVIRONMENTAL REVIEW: In accordance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, this project is Categorically Exempt under Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines, as amended. FINDING OF FACT: In order to approve the project, the Zoning Review Committee is required to make certain findings. Section 17.123.040 (EMMC) – Necessary conditions outlines the five (5) required findings and conditions to be met in order to approve any MUP: FINDING: A. The Conditional Use Permit or Minor Use Permit will not be detrimental to the public health, safety or welfare or injuries to the subject property or other improvements in the vicinity; FACT: The approval of MUP No. 11-22 will allow a bona-fide restaurant to serve beer and wine to patrons as an ancillary use to complement meal service. Conditions of approval have been imposed to ensure that the on-sale of beer and wine will not negatively impact the surrounding properties or land uses within the area. Conditions include provisions that require the operation of surveillance cameras and limits on hours of operation and ensuring that alcohol sales remain an ancillary use. Therefore, the granting of the MUP (subject to conditions related to the operation and maintenance of the facility) will not be detrimental to the public health and welfare or be injurious to the property or to the improvements in such zone or vicinity. FINDING: B. The proposed use applied for at the location indicated in one for which a Conditional Use or Minor Use Permit is authorized; FACT: The site is zoned C-3 (General Commercial) and is currently developed with one (1) commercial tenant and two (2) residential dwellings. Pursuant to EMMC Chapter 17.A, the on-sale of beer and wine with limited hours with no meal or alcohol service between the hours of 10:00 p.m. and 6:00 a.m. is considered to be ancillary to meal service/restaurant use and may be permitted contingent upon approval of a MUP in the C-3 zone. MCUP NO. 11-22 | 11819 VALLEY BLVD. | 9 FINDING: C. The subject property for the proposed use is adequate in size and shape to accommodate such use and that all yards, spaces, walls, fences, parking, loading, landscaping and other features required for the proposed use are provided; FACT: The site is adequate to accommodate adding the ancillary on-sale of beer and wine to complement meal service within the existing restaurant. The site complies with the Zoning Code since the applicant will finalize permits for the additional square footage and not require additional off-street parking. The on-sale of beer and wine would be considered ancillary to meal service. Conditions are in place to ensure compliance to the highest degree possible. FINDING: D. The subject property abuts the streets and highways adequate in width and pavement type to carry kind of traffic which will be generated by the proposed use; and FACT: The subject property is a 7,000 SF (or 0.16 acre) lot with one (1) driveway access along Valley Blvd. (primary entry). The proposed addition of on-sale beer and wine is not anticipated to cause a significant amount of traffic to the already existing restaurant. Valley Blvd. has been able to accommodate the amount of traffic that the site has generated and will be able to continue to provide access. FINDING: E. The Conditional Use Permit or Minor Use Permit is consistent with the purpose, goals and policies of the City’s General Plan, Zoning Code and any applicable Specific Plan. FACT: The proposed addition of ancillary on-sale of beer and wine, in conjunction with meal service, would enhance the economic viability of the restaurant and provide additional revenue to ensure that the business prospers and fosters economic growth. Therefore, the on-sale of beer and wine is consistent with the General Plan, provided that a MUP is approved by the Zoning Review Committee. FINDING: F. The proposed alcohol sales business will not significantly contribute to an undue proliferation of alcohol sales businesses in an area where additional ones would be undesirable, with enhanced consideration given to the area’s function and character, problems of crime and loitering and traffic problems. MCUP NO. 11-22 | 11819 VALLEY BLVD. | 10 FACT: Per ABC, Census Tract No. 4333.02 has reached the maximum recommended number of on-sale licenses of alcohol for the Census Tract. Therefore, the request is being made by staff due to the overconcentration of ABC Licenses and a finding needs to be made for Public Convenience or Necessity by the governing body in order to obtain the requested alcohol license from ABC. Staff finds that the proposed project can be supported with finding of “Public Convenience”. The one (1) active on-sale ABC license within Census Tract 4333.02 is a type 41 (On-Sale Beer and Wine-Eating Place). This license belongs to La Blanquita Tortilleria located at 11863 Valley Blvd. and is approximately ±413 linear feet away from the subject site. Staff believes that the approval of the Type 41 license will not directly nor indirectly cause adverse impacts to the existing aforementioned business and surrounding neighborhoods. In addition, the Subject Property is an existing restaurant and the addition of the alcohol license will enhance the dining service/experience for restaurant patrons, which is a common ancillary use for a restaurant. Furthermore, Conditions of Approval have been imposed on the Proposed Project to ensure that there are no adverse impacts to surrounding properties to the highest degree possible. CONDITIONS OF APPROVAL: 1. The project shall substantially conform to the site plan, floor plan and elevation plans on file with the City’s Planning Division and as presented to the Zoning Review Committee on September 12, 2023, and as amended herein. 2. The approval of Minor Use Permit No. 11-22 is valid for two (2) years from the date of approval. During this time, the applicant is responsible for obtaining the required City permit(s) for the proposed project. 3. The approval, as contained herein, shall be effective for a period of 12 months from the effective approval date thereof; provided however, that prior to such date, appropriate permits from ABC and compliance with all of the conditions listed herein for the Proposed Project or a time extension for MUP No. 11-22 shall have been approved by the Community and Economic Development Director (first extension) or Planning Commission (subsequent extensions). 4. The Applicant shall obtain all required approvals from the State Department of Alcohol Beverage Control (ABC) Board and provide such proof of approvals to the Planning Division prior to commencing the on-sale of beer and wine in conjunction with meals served at the bona-fide restaurant. 5. Plans shall comply with all City Department/Divisions regulations, guidelines, and conditions of approval including Building, Engineering, Planning and the Los Angeles County Fire Department. MCUP NO. 11-22 | 11819 VALLEY BLVD. | 11 6. All operations of the business shall occur within the confines of the building; and no outside storage is allowed. 7. Subject to review and applicability by the Community & Economic Development Director, Public Works Director, and the City Attorney and to ensure ongoing compliance with the conditions of approval set forth under this resolution and to ensure that the property and all improvements located thereupon are properly maintained, the applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the applicant) shall execute a maintenance agreement with the City of El Monte which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, and/or restrictions on certain uses, including uses determined by the Planning Commission (or the City Council upon appeal) to be incompatible or inconsistent with any authorized uses; compliance with applicable State and/or federal statutes and regulations, including but not limited to compliance with statutes and regulations regarding the appropriate operating guidelines for certain equipment (e.g., emissions standards, radio frequency emissions standards etc.); c. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). 8. All entitlements and permits approved by the City Council, Planning Commission, Zoning Review Committee or Community Development Director (and Public Works Director for permits issued for items in the public right-of-way) shall remain in full force and effect as long as the use, building or structure remains in operation. Any entitlement granted pursuant to EMMC Title 17 is transferable and assignable; however, all successors in interest shall abide by all of the original conditions. Any entitlement or permit granted by aforementioned reviewing body may be revoked or revised for cause if any of the conditions of approval, terms with the maintenance MCUP NO. 11-22 | 11819 VALLEY BLVD. | 12  agreement, or terms of the permit are violated or if any law or ordinance is violated, pursuant to Section 17.10.040 (EMMC). 9. A copy of the final decision letter with the conditions of approval shall be submitted with any building plans. 10. All applicable conditions shall be met or deemed to have been addressed by the Planning Division prior to final inspection and prior to issuance of ABC licenses. 11. Graffiti shall be removed from any interior/exterior surfaces to the structures and improvements on the property within 24 hours following the application of the graffiti or within 24 hours of applicant receiving notice of such graffiti by the City. Graffiti shall either be removed or the evidence of such vandalism painted over with a paint that has been exactly color-matched to the surface to which it is applied. If a nonpainted surface, or where anti-graffiti coatings are used, graffiti may be removed with solvents or detergents, as appropriate. 12. The site be kept free of weeds, trash, or other debris, and that abandoned vehicles be promptly reported, pursuant to the Municipal Code and Los Angeles County Fire and Health Codes at all times. 13. The Applicant shall be liable for costs to the City for dispatch calls and other PD costs, up to a maximum of five hundred ($500.00) per incident relating to dispatch calls caused by actions directly related to disorderly service or consumption of alcohol. 14. The Property Owner/Applicant shall finalize the expansion of the business. Operation Standards 15. The hours of operation shall be limited from 8:00 AM to 9:00 PM Sunday through Saturday. Proposed changes to the hours of operation may be allowed through a memorandum by the Community & Economic Development Director or Designee. 16. Deliveries shall be restricted to Monday through Friday from 9:00 AM to 5:00 PM and must be conducted on-premises only and cannot be conducted along the public-right-of-way along Valley Blvd. 17. Delivery vehicles are limited to vans or commercial vehicles that are no more than 25 feet in length and may not idle on the premises. 18. The on sale of alcohol shall be an ancillary to the principal business activity and shall comprise less than thirty percent (30%) of the gross receipts of the business in a calendar year. The business shall keep written records of all sales and shall provide those records upon request to City officials, so that the City shall have the ability to verify the business’ compliance with this condition. If the city determines that the business is not operating as a restaurant, and/or is not complying with the requirements of this condition, such a determination shall be cause for revocation of this Conditional Use Permit. MCUP NO. 11-22 | 11819 VALLEY BLVD. | 13  19. At all times, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. 20. No alcoholic beverages shall be sold for off-premises consumption. 21. All public exit and entry doors for the tenant space shall be maintained in a working condition and must be cleared for use during business hours at all times. 22. All employees selling or serving alcohol shall be required to participate in an alcohol management training program prior to the operation of selling/serving alcohol. 23. The storage of alcohol shall remain out-of-sight from customers and be located within the kitchen storage area or behind the employee counter. 24. The Applicant shall not sublease any portion of the space. 25. All activities on the property shall comply with the City of El Monte’s Noise Ordinance at all times and no noise shall emanate from the interior of the building to the exterior premises. 26. The interior of the building must remain visible from the outside. All windows shall be clear to allow visibility into the business at all times. 27. Minimum drink requirements are prohibited. 28. Entrance/cover fees are prohibited for access into the restaurant at all times. 29. Customized lighting and sound system conducive of a nightclub atmosphere shall be prohibited at all times. 30. All public bathroom fixtures and equipment for the tenant space shall be maintained in good working order and shall incorporate automatic flow control devices. Public bathroom facilities shall be kept free of graffiti and etchings and shall be maintained in a clean condition through routine maintenance and daily janitorial cleaning. 31. Live music/entertainment is not allowed. Trash Enclosure 32. The applicant shall work with staff during building and plan check review to provide a trash enclosure for the subject site. The trash enclosure shall be screened and buffered from public view and include a designated area for solid waste disposal and a designated area for recycling disposal. The design will be reviewed for aesthetic value and use of quality materials. All outside trash and garbage collection areas shall be paved and enclosed on at least three (3) vertical sides by a solid five (5) foot high wall and on the fourth side by a decorative view obscuring gate to screen the containers from view. Trash enclosure shall be of a size sufficient to contain all trash containers maintained outside the building. The finish and color of MCUP NO. 11-22 | 11819 VALLEY BLVD. | 14  the enclosure shall be provided with decorative block or a stucco finish and shall include a decorative solid roof cover and drain that connects to the sewer system. Signage 33. Window signage shall not exceed 25 percent of the overall window area and is subject to Planning approval. Only signs displaying the operational status and hours of operations are allowed. 34. Signage/advertisements/promotions or any other displays promoting the sales of alcohol shall only occur within the restaurant tenant space and are prohibited anywhere outside of the building (including window mounted signs). 35. Signs shall be posted on the building and along the public frontage prohibiting outside consumption of alcohol or loitering around the premises of the site, in the parking lot, and sidewalks. Such signage shall include property/business management contact information. The applicant shall submit a proposal to the Planning Division for review and approval prior to installation of such signs. 36. Banners are prohibited onsite at all times with an exception that banners that are in compliance with the El Monte Sign Ordinance may be installed upon approval of a Temporary Sign Permit by the Planning Division. Attachment of non-city approved signs, banners, product signs, or advertisements to any light poles/standards on or offsite is prohibited at all times. 37. Cabinet/canister, box signs, and foam signs are prohibited. 38. The Applicant shall submit a sign permit application for a wall mounted sign for Planning Division review. Landscaping 39. The Applicant/property owners shall maintain all landscaped areas within the property. Security 40. As a crime prevention measure, the subject tenant space shall incorporate a High- Definition Recording camera surveillance system for the building’s interior operations. Proper illumination at the site shall be maintained by installation of LED lighting. A plan shall be submitted to the Police Department for review and approval prior to the issuance of the ABC license. The Police Department shall have the authority to make changes to the plan as needed to enhance public safety. The surveillance system must be set up for at a minimum of 30 days rotation period. All recordings must be kept onsite for at least 45 calendar days and must be made available to a City Employee upon request. The system shall be maintained and operating at all times. The system shall also be strategically placed to only focus on the subject property and not on nearby properties. MCUP NO. 11-22 | 11819 VALLEY BLVD. | 15 ENGINEERING 41. The Applicant/property owners shall renew their FOG permit. RECOMMENDATION: Staff recommends that the Planning Commission evaluate the proposal and consider the following Actions: 1. Adopt a Categorical Exemption under Section 15301 (Class 1 – Existing Facilities) pursuant to the California Environmental Quality Act and Guidelines, as amended; and 2. Adopt the finding Facts to approve Minor Use Permit (MUP) NO. 11-22, subject to conditions of approval. ATTACHMENTS: A. Project Plans B. ABC On-sale Information from September 6, 2023 C. Calls of Service D. Los Planes De Rendero LLC Menu E. Public Hearing Notice, Radius Map, and Photo of Public Notice Posting MCUP NO. 11-22 | 11819 VALLEY BLVD. | 16  CITY OF EL MONTE ZONING REVIEW COMMITTEE NOTICE OF PUBLIC HEARING Hablamos Español favor de hablar con Jeni Colon - (626) 258-8626 TO: All Interested Parties FROM: City of El Monte Planning Division PROPERTY 11819 Valley / APN: 8565-012-003 LOCATION: APPLICATION: Minor Use Permit (MUP) No. 11-22 REQUEST: The Applicant is requesting approval to establish the sale of alcoholic beverages (on- sale of beer and wine license - Type 41 ABC License) for on-site consumption within an existing 1,600 square foot bona-fide eating establishment (Los Planes De Rendero) on property that is 7,000± SF in size. The subject site is used for commercial and residential purposes and is located in the C-3 (General Commercial) zone. The MUP request is made pursuant to Chapter 17.123 (Conditional and Minor Use Permits) of the El Monte Municipal Code (EMMC). APPLICANT: Los Planes de Rendero, LLC. PROPERTY OWNER: Oscar F. Bugarin ENVIRONMENTAL Article 19. Categorical Exemptions – Section 15301 (Class 1 – Existing Facilities) in DOCUMENTATION: accordance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and the CEQA Guidelines, as amended. PLACE OF HEARING: Pursuant to State Law, the Zoning Review Committee will hold a public hearing to receive testimony, orally and in writing, on the proposed project. The public hearing is scheduled for: Date: Tuesday, September 12, 2023 Time: 6:00 p.m. Place: El Monte City Hall East – Council Chambers 11333 Valley Boulevard, El Monte, CA 91731 Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend the meeting in person at City Hall East – Council Chambers. 2) Call-in Conference (669) 444-9171; Meeting ID 819 5313 8958 and then press #. Press # again when prompted for participant ID. Members of the public wishing to make public comment may do so via the following ways: 1) Call-in Conference (669) 444-9171; Meeting ID 819 5313 8958 and then press #. Press # again when prompted for participant ID. Once admitted into the meeting, press *9 to request to speak. 2) Email or Telephone– All interested parties can submit comments in advance to the Planning Division’s general telephone line: (626) 258-8626 or planning@elmonteca.gov. All comments must be received by the Planning Division no later than 3:00 pm on September 12, 2023. The staff report on this matter will be available on or about September 7, 2023, on the City of El Monte website, which may be accessed at https://www.ci.el-monte.ca.us/276/Zoning-Review-Committee or by e-mailing debmartinez@elmonteca.gov. Persons wishing to comment on the environmental documentation or proposed application may do so in writing prior to the meeting date and must be received by 3:00 p.m., the day of the meeting. Public Comments of no more than three (3) minutes shall be read into the record. Written comments shall be sent to Debra Martinez; El Monte City Hall West; 11333 Valley Boulevard; El Monte, CA 91731 or at debmartinez@elmonteca.gov. If you challenge the decision of the City Zoning Review Committee, in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Zoning Review Committee at, or prior to, the public hearing. For further information regarding this application please contact Debra Martinez at (626) 258-8620. Monday through Thursday, except legal holidays, between the hours of 7:00 a.m. and 5:30 p.m. Americans With Disabilities Act In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Office by calling (626) 580-2016. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Published & Thursday, August 31, 2023 City of El Monte Zoning Review Committee Mailed on: Sandra Elias, Zoning Review Committee Secretary LOCATION MAP MINOR USE PERMIT (MUP) NO. 11-22 11819 VALLEY BLVD. (APN 8565-012-003) SITE LOCATION GARVEY AVE. N