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PC - Minutes - 02-04-13Minutes of the PLANNING COMMISSION MEETING February 4, 2013 The regular meeting of the Planning Commission was called to order at 7:00 p.m. by Chair Ruiz in the Council Chambers, 8838 E. Valley Boulevard, California. PLEDGE OF ALLEGIANCE - Chair Ruiz INVOCATION - Vice -Chair Hunter ROLL CALL - Commissioners Eng, Herrera, Vice -Chair Hunter, and Chair Ruiz ABSENT — Commissioner Saccaro ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Community Development Director Ramirez, Acting Associate Planner Trinh, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Greg Murphy, City Attorney, presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. MODIFICATION 12.07 - Debbie Huynh has submitted a Modification application requesting to modify Conditional Use Permit 06.1071, to expand the existing On -Sale Beer and Wine (Type 41) ABC license for All -in Crab Cajun Restaurant located in Units C and D into Units A and B within the same commercial building, located at 8966 Garvey Avenue, in the C -3 MUDO 0 -D (Medium Commercial with a Mixed Use and a Design Overlay) zone. PC RESOLUTION 13 -01 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 12- 07, A REQUEST TO MODIFY CONDITIONAL USE PERMIT 06 -1071, FOR THE EXPANSION OF AN EXISTING ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR ALL -IN CRAB CAJUN RESTAURANT LOCATED IN UNITS C AND D INTO UNITS A AND B WITHIN THE SAME COMMERCIAL BUILDING, LOCATED AT 8966 GARVEY AVENUE, IN THE C -3 MUDO 0 -D (MEDIUM COMMERCIAL WITH A MIXED USE AND DESIGN OVERLAY) ZONE. STAFF RECOMMENDATION - It is recommended that the Planning Commission ADOPT Resolution No. 13.01 with findings and APPROVE Modification 12.07 subject to the twenty-nine (29) conditions. Acting Associate Planner Trinh presented staff report. Chair Ruiz asked if the Planning Commission had any questions for staff. Vice -Chair Hunter asked what time the restaurant will start serving alcohol. Acting Associate Planner Trinh replied the applicant is proposing to sell alcohol from 9:00 am to 12:00 am Applicant clarified the hours of serving alcohol from the audience. Community Development Director Ramirez stated that the applicant may clarify the hours of serving alcohol when the public hearing is opened. Commissioner Eng referred to the modification of expansion and asked if ABC had restrictions based on the footprint use. Acting Associate Planner Trinh explained that ABC does not have any restrictions on the expansion of the restaurant, all they request is that the applicant gets the approval from the City first and once the City approves it, then ABC goes through their process. Commissioner Eng asked for further clarification of the ABC requirements in regards to the modification of expansion of the restaurant and if there are footprint restrictions. Acting Associate Planner Trinh stated that question can be deferred to the applicant when the public hearing is open. She explained that after speaking with representatives from ABC, the applicant was asked to submit a floor plan and if there is a revision to the floor plan by the expansion, the applicant will have to submit it to ABC. Community Development Director Ramirez explained that it is not ABC that is requesting the expansion, it is the applicant who is requesting to expand their business and would now like the alcohol to be served in the entirety of the restaurant, not just where it was originally served prior. She asked Commissioner Eng if that washer question. Commissioner Eng replied yes, and asked what the prior use of this restaurant was. Acting Associate Planner Trinh replied it was a liquor store. Commissioner Eng referred to the undue concentration of ABC licenses within this census tract. She asked how many ABC licenses are permitted, how many are then:, and which establishments have an ABC license. Acting Associate Planner Trinh replied there are currently three ABC licenses, but only two are permitted. She stated the three are Casa Latina (and explained that Casa Latina has surrendered their ABC license, but according to ABC it still counts as a license) Palace's, and All -in -Crab. Commissioner Eng referred to the staff report and asked if the thirteen surveillance cameras exist or are they proposed for the expansion. Acting Associate Planner Trinh replied that question can be deferred to the applicant. Commissioner Eng requested that staff address the parking impact. Acting Associate Planner Trinh stated this location is considered a shopping center and all uses are parked as one (1) parking space per every two hundred and fifty (250) square feet. She explained they have seventy -three (73) parking spaces provided and according to the Rosemead Municipal Code they are required to have seventy -one (71) parking spaces so there is a surplus of two (2) parking spaces. Commissioner Eng asked staff if the use is taken into consideration when parking spaces are analyzed Acting Associate Planner Trinh replied this application is for an approval for an ABC license and when parking was analyzed it did meet the requirements. Community Development Director Ramirez explained that it is not separated out for the different uses such as a retail use versus a restaurant use. She stated because this facility is considered a shopping center under the parking code there is a definition of what is required for shopping centers, which is one (1) parking space per every two hundred and fifty (250) square feet of combined gross area for parcels that are 100,000 square feet or less. Commissioner Eng expressed concern that parking deficiency needs to be addressed and should be looked into the future when updating the city's zoning code. She referred to Condition of Approval number fifteen (15) and asked if karaoke -type or audio visual entertainment systems include televisions. Community Development Director Ramirez replied yes, audio - visual entertainment systems would include television sets. She added they would have to apply for an entertainment permit and would have to come before the Planning Commission for approval of that entertainment permit. Commissioner Eng asked if this was required for the TGIF's Restaurant and pointed out that a lot of restaurants have televisions. She asked if the definition or term of audio - visual technology needs to be clarified or will restaurants need to get an entertainment license. Community Development Director Ramirez stated that Commissioner Eng has brought up a good point. She added that TGIF's has television sets and it was not required that they obtain an entertainment license permit. She stated that staff will investigate further in regards to television sets. Commissioner Eng commented that the current trend is that most restaurants have television sets. Community Development Director Ramirez agreed that is correct for sports and so forth. Commissioner Eng recommended that the language be cleaned up for the code so applicants will not be out of compliance. She also referred to the language in Condition of Approval number twenty (20) regarding the trash enclosures and stated it is not the standard language. She recommended because the restaurant is expanding and to address storm water concerns that the trash enclosure have a solid roof top. Acting Associate Planner Trinh stated that because this is an existing development, staff did not require the applicant to do a fully enclosed trash enclosure. She stated if the Planning Commission would like to request that the property owner incorporate a trash enclosure then the applicant would have to discuss this with the owner. Commissioner Eng asked Greg Murphy, City Attorney, for his advice in regards to the trash enclosure. She expressed concern that because the business is expanding and is in food services, there may be a nexus because of the impact. Greg Murphy, City Attorney, explained that the permit that is being sought tonight is not to double the size of the restaurant but is related to the alcohol license. He added the increase in alcohol sales itself, is not sufficient to require the property owner to fully update the trash enclosure. He explained if this was a new restaurant and they were applying for alcohol service, that would be one thing, but it has to be separated out as the analysis of the conditions. He stated the doubling of size for the restaurant, which can be done without coming to the Planning Commission, from the change from the alcohol permit to allow service to the expanded sites gets closer to getting a nexus, but the nexus is not there to have the property owner take the action to make the capital improvement based on simply the change of the alcohol license permit for one of the tenants. He stated he can look into this but feels that staff has done a good job in the way they crafted the conditions given what is being sought tonight. Chair Ruiz referred to Condition of Approval number twenty -two (22) and recommended the verbiage be changed Greg Murphy, City Attorney, stated this has been discussed before and is for the applicant to hear and hopefully agree too. He stated the verbiage shall be changed to state, "A current letter grade issued to the business by the LA County Department of Health Services shall be posted at the restaurant in compliance with the LA County Department of Health Services requirements ". He explained what the change will mean. He also stated that he has started drafting a change to Condition of Approval number twenty -five (25). He stated a second sentence will be added to state that alcohol will only be served from to 12:00 am daily. He explained it is blank right now and the blank will be filled in when the applicant lets us know what time it will start and staff determines that it is correct. Chair Ruiz opened the Public Hearing and invited the applicant to the podium. Debbie Huynh, applicant, stated she is present to answer any questions the Planning Commission may have. Chair Ruiz asked Debbie Huynh what are the hours that the restaurant will be serving alcohol. Debbie Huynh and translator replied that the restaurant will be serving alcohol on Saturday and Sunday from noon to 12:00 am (Closing). He stated Monday through Friday the restaurant will start selling alcohol at 3:00 pm to 12:00 am (Closing). Chair Ruiz asked the applicant if they understand that the hours will be written into the Conditions of Approval and if they are in agreement. Debbie Huynh and translator replied yes, they will comply and agree with everything, including the health department revision. Commissioner Eng asked if there are existing thirteen surveillance cameras and asked if they are planning to keep the same number of cameras. Debbie Huynh and translator replied at the moment they are keeping the same amount but may add more. He explained currently there are not thirteen (13) surveillance cameras, there are only seven (7), but as soon as they expand into the next units they will add six (6) or more cameras. Commissioner Eng complimented the restaurant, food, and asked if the menu will be expanded. Debbie Huynh and translator replied yes. Commissioner Herrera referred to the trash enclosure and asked if it should be discussed. Chair Ruiz replied that at this time the Planning Commission is reviewing the ABC license. Commissioner Herrera expressed concern because the restaurant is expanding into more units and the trash enclosure does not have a cover over the top. Debbie Huynh and translator asked if the Planning Commission is referring to the trash container inside the building or the trash container outside in the shopping plaza. Commissioner Herrera explained that she is referring to the outdoor trash enclosure. Debbie Huynh and translator stated the trash enclosure outdoors has a lid but the tenants always leave it uncovered He stated all the tenants in that plaza share that trash bin. Chair Ruiz reminded the Planning Commission that the trash enclosure is not what is being reviewed tonight and the trash enclosure would be the responsibility of the property owner. Chair Ruiz asked if there were any other comments or questions. None Chair Ruiz closed the Public Hearing. Greg Murphy, City Attorney, stated the second sentence of Condition of Approval number twenty -five (25) shall read, "Alcohol shall only be served from 3:00 p.m. to 12:00 a.m., daily and on Saturday and Sunday from 12:00 p.m. to 12:00 a.m." Chair Ruiz asked the Planning Commission if they have any comments or questions in regards to to the revision of the hours of alcohol sales in the restaurant. Planning Commissioners replied the hours are acceptable Commissioner Eng replied the hours are acceptable and she would like to request that staff work with the property owner and take a look at the front main entrance to the plaza shopping center. She reported when she visited the site she noticed that there was a crack in the decorative element on the building and suggested it be repaired for safety concerns. Acting Associate Planner Trinh stated a "CRM" will be submitted and the property owner will be contacted. Chair Ruiz clarified that the property owner is the one that will need to be contacted. Community Development Director Ramirez stated that staff will submit a "CRM" as soon as possible requesting to have it repaired. Chair Ruiz confirmed that Condition of Approval number twenty -two (22) will be revised. Greg Murphy, City Attorney, verified that Condition of Approval number twenty -two (22) has been read into the record. Chair Ruiz asked the Planning Commission for a motion. Commissioner Herrera made a motion, seconded by Vice -Chair Hunter, to APPROVE Modification 12.07 subject to the twenty -nine (29) conditions. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: Saccaro Greg Murphy, City Attorney, explained the 10 day appeal process Commissioner Eng asked if there had been anyone else requesting to speak during the open hearing of this item. Community Development Director Ramirez replied no. Brian Lewin, resident, commented from the audience that the Planning Commission did not include to Adopt Resolution No. 13-01 in the motion to Approve Modification 12 -07 subject to the twenty -nine (29) conditions. Chair Ruiz asked Commissioner Herrera if she included Resolution No. 13 -01 in her motion to Approve Modification 12 -07. Commissioner Herrera replied no, she only said Modification 12 -07. Chair Ruiz stated a motion will have to be made to Adopt Resolution No. 13-01 with findings. Motion was made by Commissioner Herrera and seconded by Commissioner Eng to Approve and Adopt Resolution No. 13.01 with findings. Vote results: YES: Eng, Herrera, Hunter, Ruiz NO: None ABSTAIN: None ABSENT: Sacarro Community Development Director Ramirez stated she would like to remind the Planning Commission and applicant that before they submit their affidavit to the City they will have to show staff proof that they have removed their Public Hearing Notice sign from their property. 4. CONSENT CALENDAR A. Approval of Minutes - December 17, 2012 Vice -Chair Hunter made a motion, seconded by Commissioner Herrera, to approve the Consent calendar as presented. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: Saccaro 5. MATTERS FROM STAFF Community Development Director Ramirez announced that the Rosemead Chamber of Commerce is hosting their 11th Annual Lunar New Year Banquet on Thursday, February 21, 2013 from 6:00 to 9:30 p.m., at 888 Seafood Restaurant. She requested that if any of the Planning Commissioners would like to attend please RSVP to Administrative Assistant Rachel Lockwood. She also announced that effective February 4, 2013, Assistant Planner Lily Trinh has been given a title change and is now an Acting Associate Planner. The Planning Commission congratulated Lily Trinh. 6. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Herrera referred to the development located at Delta Avenue and Valley Boulevard. She stated it still on -going and expressed concern that it has been taking too long. She stated a neighbor contacted her and showed her pictures of the site with torn green screen fencing surrounding the property, trash everywhere, and the Public Hearing sign has not been removed. Commissioner Herrera asked staff when Public Hearing signs need to be removed. Community Development Director Ramirez stated the Public Hearing sign needs to be removed within ten (10) days of the Public Hearing. She reported staff has contacted owners to remove the signs and we have received compliance from everyone but one property owner. She stated that one is now a Code Enforcement case and will be cited for administrative fees. She stated a "CRM" for property maintenance and a separate "CRM" for the Public Hearing sign will be submitted for Delta Avenue and Valley Boulevard. Commissioner Herrera asked staff what is the status for the development on Delta Avenue and Valley Boulevard. Acting Associate Planner Trinh agreed that the project has been slow in construction and reported the applicant visited City Hall recently and is is trying to complete the project quickly. She also commented that the owner may have had some financial concerns. Commissioner Herrera expressed concern with the length of time it has taken and that the property has not been maintained. She asked staff how is the trash collected from the trash containers located at bus shelters. Chair Ruiz stated that the Public Works staff would be responsible for trash containers located at bus shelters. Vice -Chair Hunter confirmed if staff will be asking that the green screen fencing around the site be removed. Community Development Director Ramirez replied that the "CRM" will go to Code Enforcement under Property Maintenance and they have a procedure that they need to follow in order to get the property owner to comply. She explained that they may request that the green screen be removed and replaced with a new one. Vice -Chair Hunter requested that a "CRM" be placed for the location across the street from Delta Avenue and Valley Boulevard to replace their green screen also. Community Development Director Ramirez replied that a "CRM" for property maintenance can be placed for that location also. Chair Ruiz referred to the property on the Southwest corner of Temple City Boulevard and Valley Boulevard and stated that he had previously requested that it be cleaned up. He stated trash is being dumped at the rear of the property and, due to the rain, the weeds have grown. He recommended the property be cleaned up. Community Development Director Ramirez stated staff will check on the status and request that Code Enforcement contact Chair Ruiz directly for an update. She also announced that the next regular Planning Commission meeting will be held on Monday, March 4, 2013 and the February 18, 2013 Planning Commission meeting will be Cancelled due to City Hall being closed in observance of the President's Day holiday. She explained that if there was a need to go before the Planning Commission before March 4, 2013, then a special meeting would be scheduled. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, March 4, 2013 at 7:00 p.m. Victo uiz Chair ATTE nn '' � &OW — Rachel Lockwood Commission Secretary