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PC - Minutes - 07-01-13Minutes of the PLANNING COMMISSION MEETING July 1, 2013 The regular meeting of the Planning Commission was called to order at 7:00 p.m., by Community Development Director Ramirez in the Council Chambers, 8838 E. Valley Boulevard. PLEDGE OF ALLEGIANCE - Commissioner Eng INVOCATION - Commissioner Herrera ROLL CALL - Commissioners Dinh, Eng, Herrera, Lopez, and Tang ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Community Development Director Ramirez, Council Member Ly, City Clerk Molleda, Associate Planner Trinh, Planning Intern Hanh, and Commission Secretary Lockwood. ADMINISTRATION OF OATH OF OFFICE - Community Development Director Ramirez explained that there are three (3) new Planning Commissioners and one (1) re- appointed Planning Commissioner that will be administered the Oath of Office. She announced that Council Member Steven Ly will be administrating that Oath of Office to each Planning Commissioner. Council Member Steven Ly administered the Oath of Office for Planning Commissioner's Tam Dinh, Diana Herrera, Daniel Lopez, and John Tang. REORGANIZATION OF THE COMMISSION - Community Development Director Ramirez stated Reorganization of the Planning Commission will require a selection of a Chair and Vice - Chair. She explained the Chair may be any Planning Commissioner and informed the new Planning Commissioners that on the current Commission the most recent Chair was Planning Commissioner Nancy Eng, so if this was being processed in a rotation Commissioner Diana Herrera would be next. She then asked for a motion for Chair. Commissioner Eng made a motion, seconded by Commissioner Tang to nominate Commissioner Herrera for Chair Person. Vote resulted in: Yes: Dinh, Eng, Herrera, Lopez, Tang No: None Abstain: None Absent: None Chair Herrera asked for nominations for Vice - Chair. Commissioner Tang made a motion, seconded by Commissioner Lopez to nominate Commissioner Eng for Vice - Chair. Vote resulted in: Yes: Dinh, Eng, Herrera, Lopez, Tang No: None Abstain: None Absent: None 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 Brian Lewin, resident, congratulated the newly appointed Planning Commissioners. He welcomed back re- appointed Planning Commissioner Herrera. He referred to the Target shopping center and asked staff if they have had any communication from the shopping center management in regards to circulation improvements. Community Development Director Ramirez replied the shopping center management has been in communication with the Director of Public Works. Brian Lewin, resident, stated there is no crosswalk at the Cold Stone intersection and there has not been one since the parking lot was slurry coated. He added the stop signs have not been replaced and asked if the Public Works Director has been working with them. Community Development Director Ramirez replied she knows that the management company has been in contact with the Public Works Director, but she is not aware of the status. 3. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 13.03 - Wingstop has submitted a Conditional Use Permit application requesting approval for a new On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating establishment, located at 3612 Rosemead Boulevard, in the C -31) (Medium Commercial with a Design Overlay) zone. PC RESOLUTION 13 -07 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 13.03, FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR WINGSTOP, LOCATED AT .3612 ROSEMEAD BOULEVARD, IN THE C -31) (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. STAFF RECOMMENDATION - Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Conditional Use Permit 13.03 and ADOPT Resolution No. 13.07 with findings, subject to the twenty -eight (28) conditions. Planning Intern Hanh presented the staff report. He added staff would like to add a condition of approval which states: "Alcoholic beverages shall not be served in the patio area on the exterior of the building ". Greg Murphy, City Attorney, informed the new Planning Commissioners that training will be taking place in the near future by Rachel Richman, City Attorney, regarding the findings that they will need to make to support the decisions that are made by the Planning Commission. He added it will also include what facts to look for, along with the findings, and the scope of what any individual approval may be. He explained in regards to tonighfs Conditional Use Permit 13 -03 application, the operation of "Wingstop" is not before the Planning Commission tonight, nor is the operation of the shopping center as a whole, or the parking of that shopping center. He stated what is before the Planning Commission tonight is an application for a Conditional Use Permit for a new On -Sale Beer & Wine (Type 2 41) ABC license. He stated in terms of the conditions that staff has brought to the Planning Commission as part of the Conditional Use Permit were predicated on the impacts that by having beer & wine sold within this restaurant might produce within this shopping center and community. He explained to the members of the public that might be watching you cannot always take an application like this and correct problems that aren't related to what is being sought. He added as discussion is taking place tonight he may speak up to remind the Planning Commission to stay focused on the impacts of having the beer & wine license at this restaurant and mitigating those impacts in a way that is appropriate and has a real tie to the impacts themselves. Community Development Director Ramirez stated that she would like to reemphasize that one of the recommendations is to add an additional condition, which will be number twenty -nine (29), which Planning Intern Hanh read, and requested he read it again. Planning Intern Hanh confirmed the addition of condition number twenty -nine (29) and read into the record: "Alcoholic beverages shall not be served in the patio area on the exterior of the building ". Community Development Director Ramirez clarified that they will only be allowed to serve alcoholic beverages inside "Wingstop" and the alcohol may not leave the restaurant. Vice -Chair Eng recommended that the words, "served or consumed" be added to clarify the condition of approval. Chair Herrera asked the Planning Commissioners if they had any questions for staff. Vice -Chair Eng referred to the staff report and read that the restaurant has seating for twenty -four (24) patrons and asked staff if this is only for the interior of the restaurant. Planning Intern Hanh replied yes. Vice -Chair Eng asked when the serving of alcohol will begin and end. Planning Intern Hanh replied alcohol will be served beginning at 10:30 am and ending at 12:00 pm. Vice -Chair Eng referred to staff report and asked if there will be a security guard until 10:00 p.m. only. Community Development Director Ramirez replied yes. Vice -Chair Eng asked if this is the security for the entire shopping center. Community Development Director Ramirez replied yes. Commissioner Dinh commented that security is only there until 10:00 p.m. and alcohol is still being served after 10:00 p.m. She also referred to the restaurant "Chipotle" and asked what time do they close and added that "Chipotle" also serves alcoholic beverages. Planning Intern Hanh replied that "Chipotle" closes at 10:00 pm. Commissioner Dinh expressed concern that there is not a security guard after 10:00 p.m. Community Development Director Ramirez explained that there is a Condition of Approval that states anytime staff feels additional security is needed they can require it from "Wingstop". Vice -Chair Eng asked if the security cameras on the site currently are for the entire building, if they are on the exterior of the building, and do any of the attendants have security camera's inside their units. Associate Planner Trinh replied security cameras are throughout the shopping center and there are security cameras and within the restaurants. Community Development Director Ramirez stated it is important to note that while Chipotle serves alcohol and closes at 10:00 p.m., TGI Friday's is open until 2:00 a.m. and serves alcohol up until closing. Commissioner Lopez asked if this will make three (3) ABC licenses and asked for confirmation of the number of ABC Licenses in this shopping center. Community Development Director Ramirez stated then; are five (5) ABC licenses in this shopping center. Commissioner Lopez asked if this exceeds the amount of ABC licenses allowed. Greg Murphy, City Attorney, replied yes and explained that is why we are here tonight. He stated because there is an undue concentration of ABC licenses in this census tract and census tracts don't always have a lot to do with City boundaries, but in this case they do, because there are a number of restaurants within this shopping center that have beer and wine uses or like TGI Friday's that has full alcohol uses. He stated the Conditional Use Permit is being presented to the Planning Commission because this is a policy decision to be made, do you want to cluster these types of uses close together even though under the ABC law there is an undue concentration. He added you as a City can say yes, we want them clustered and the permit gets approved by the City, so then the applicant can go to the ABC Bureau and say this is where the City wants it. He added this is why staff contacts the Sheriffs Department to check if this is an area that may have issues with crime and if adding another ABC license may be problematic in this shopping center. He stated in this case the Sheriffs Department had no concerns but in other cases there have been and that will speak to the Conditions of Approval that staff has recommended and the conditions the Planning Commission has imposed. He stated changes have been made in the past in applications where concerns have come up. Commissioner Lopez referred to security and asked since there is that many restaurants selling alcohol should there be more security and if TGI Friday's has their own security. Community Development Director Ramirez replied no, they do not. She explained that is the reason for a condition that states anytime staff feels additional security is needed, then they are required to supply it. She added currently, there have not been any problems that would require, support, or justify the need for extra security at this time. Commissioner Lopez asked if the police reports that the City has received support that there have been no incidents or crimes regarding ABC licenses. Community Development Director Ramirez replied yes and added there is also a Condition of Approval that states that the Public Safety Division and Sheriffs Department may also inspect the location at any time. Commissioner Tang thanked staff for the phenomenal staff report and asked what constitutes a high crime area. Associate Planner Trinh replied that ABC gets their statistics from the Sheriffs Department. She added that a high crime area consists of burglaries, robberies, car thefts, and is not necessarily linked to only alcohol related crimes. Community Development Director Ramirez added that it is most likely not linked to alcohol incidents at all. She explained that it can be related to anything from a car being stolen to a cell phone being stolen. Associate Planner Trinh explained that it may not necessarily be within that shopping center it can be within that whole census tract. Commissioner Tang referred to the discussion of security and asked, in addition to requesting an extra security guard, is there any other remedies to address future problems, such as petitioning the state for the removal of the ABC license. Community Development Director Ramirez replied the applicant would have to actually violate their ABC license. She explained that if the applicant was applying to sell beer and wine and it was found by the Public Safety /Sheriffs Department that they are selling distilled spirits also, then a recommendation would be given to ABC to begin an investigation and their license could be revoked. She stated if crime starts to become an issue, then the Sheriffs Department would consult with staff to determine what would need to be done. She explained it would be a combination effort between the Sheriffs Department, the Planning Division, and the management company. Vice -Chair Eng asked if the applicant is present tonight. Planning Intern Hanh replied yes. Vice -Chair Eng stated during the Public Hearing she would like to ask the applicant if it is a customary practice for "Wingstop" to include the serving of alcohol in their operations. She stated she would like to clarify that for this census tract, excluding this application, there is a total of seven (7) ABC licenses and with this one it will be eight (8) and asked if four (4) ABC licenses is what is permitted for this census tract. Planning Intern Hanh replied yes. Chair Herrera asked if the Planning Commission had any further questions. None Chair Herrera opened the Public Hearing and invited the applicant to the podium. Sagar Patel, applicant, stated this will be his fourth (4th) restaurant. He added he currently owns and operates three (3) other "Wingstop" restaurants located in La Puente, Baldwin Park, and City of Industry. He stated he sells beer and wine (Type 41) in all three restaurants and has been doing it for over seven (7) years. He added that he has not had any issues or concerns selling alcohol to patrons. He explained his beer and wine sales equate to less than one (1 %) percent of their total gross sales which is almost nothing, but they like offering it because beer and wings go together. Chair Herrera asked if there was anyone else wishing to speak in favor of this item. None Chair Herrera asked if there was anyone wishing to speak against this item. None Chair Herrera closed the Public Hearing and asked for a motion. Commissioner Eng made a motion, seconded by Commissioner Lopez to APPROVE Conditional Use Permit 13.03 and ADOPT Resolution No. 13.07 with findings, subject to the twenty-eight (28) conditions. (Condition of Approval twenty -nine (29) was added and modified by the Planning Commission on July 1, 2013). Vote resulted in: Yes: Dinh, Eng, Herrera, Lopez, Tang No: None Abstain: None Absent: None Greg Murphy, City Attorney, explained the ten (10) day appeal process 4. CONSENT CALENDAR A. Minutes - May 20, 2013 Approved as to Form B. Minutes - June 3, 2013 Approved as to Form Greg Murphy, City Attorney, explained that the Consent Calendar consist of routine or recurring items and all of them will be adopted on a single vote unless a Planning Commissioner request one of the items to be removed for further discussion. Community Development Director Ramirez explained that the Minutes of May, 20, 2013 and June 3, 2013 are being Approved as to Form due to the fact that three (3) of the current Planning Commissioners were not at the last Planning Commission meeting. She stated this will mean that the Planning Commission has received the Minutes, read them, and are approving that the meeting did take place. Commissioner Lopez made a motion, seconded by Commissioner Dinh to Approve the Consent Calendar as to Form. Vote resulted in: Yes: Dinh, Eng, Herrera, Lopez, Tang No: None Abstain: None Absent: None 5. MATTERS FROM STAFF Community Development Director Ramirez announced that a 5K Run and the City of Rosemead Fourth of July Parade will take place on Thursday, July 4, 2013. She added the 5K Run will begin at 8:00 am and the Fourth of July Parade will begin at 10:00 am. She stated all the Planning Commissioners have been invited to participate in the Parade and if they are participating to please arrive by 9:30 am to check in at the Masonic Church (located on Valley Boulevard). Community Development Director Ramirez stated that the Community Development Department has been working diligently on the Zoning Code Update. She explained that a comprehensive update has not been done since the 1950's. She added updates have been done in sections over the years but not a comprehensive update. She stated the Comprehensive Zoning Code Update has been completed and there will be two (2) Public Workshops on it. She informed everyone that one will take place on Wednesday, July 10, 2013 at the City Hall Council Chambers from 6:00 to 8:00 p.m. and one will take place on Thursday, July 11, 2013 at Garvey Community Center from 6:00 to 8:00 pm. She stated that the public and Planning Commissioners are encouraged to attend one of the workshops. If not able to attend the proposed Zoning Code Update, she explained that the proposed zoning code along with a summary explaining the major changes is available on the City website. 0 Commissioner Dinh asked staff if the July 10th and 11th meetings are continuous meetings Community Development Director Ramirez replied no, and explained the same presentation will be presented at both meetings. She explained that there is a Zoning Code Subcommittee and the members are Mayor Polly Low, Mayor Pro Tern William Alarcon, and Planning Commissioner Nancy Eng. She added once the two workshops are completed there will be a Zoning Code Subcommittee meeting to present any outstanding issues expressed by the community. She explained following this meeting there will be a Joint Workshop with the City Council /Planning Commission to go over the new Zoning Code. She further explained once that meeting has taken place it will then go back to the Planning Commission meeting for their approval to recommend it be taken to the City Council and then the City Council will be the body to actually adopt the Zoning Code Update. 6. MATTERS FROM THE CHAIR & COMMISSIONERS Vice -Chair Eng expressed concern with Chipotle and stated she visited the restaurant around 6:00 pm and found the temperature inside the facility to be hotter than the temperature outdoors. She stated patrons and employees were fanning themselves and looked very uncomfortable. She added that there happen to be a couple of Traffic Commissioners having dinner and one of the Traffic Commissioners did approach an employee to discuss the temperature of the A/C unit. Associate Planner Trinh stated she spoke to Brad Carr from the Corporate Office and according to him the A/C is turned to the maximum extent. She stated she informed him that staff has received complaints regarding the heat and temperature inside the restaurant. She added that she was told he will look into the concern, but they feel the temperature is correct. Community Development Director Ramirez stated that Brad Carr did mention that he has only received one complaint in regards to this concern. She recommended that anyone visiting Chipotle who feels that the temperature is too hot to address the management and place a formal complaint so that way it will be noted. She explained we want the restaurants to succeed so it is important that concerns be addressed. Vice -Chair Eng expressed concern that employee's serving food in that temperature is not comfortable. She added that the floor was also sticky and wanted staff to be aware of these concerns and thanked them for following up. She commented that she visited "The Habit" and noticed the A/C was very comfortable and they had their door open. She requested that staff provide if possible, an update of the pedestrian safety issues in the Target shopping center, since there are now three (3) new eating establishments with more traffic congestion for the next Planning Commission meeting. Vice -Chair Eng wished Community Development Director Ramirez an early happy birthday. Chair Herrera expressed concern that the site located on Delta Avenue and Valley Boulevard has not improved, is in worse condition, and the weeds are overgrown. 7. ADJOURNMENT The Planning Commission meeting adjourned at 7:38 p.m. The next regular Planning Commission meeting will be held on Monday, July 15, 2013 at 7:00 p.m. 7 Diana Herrera Chair Z �� ( Rachell LL oockkwoodd / —yY Commission Secretary