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PC - Minutes - 07-20-16Minutes of the PLANNING COMMISSION MEETING July 20, 2015 The regular meeting of the Planning Commission was called to order by Chair Eng at 7:00 p.m. in the Council Chambers, 8838 E. Valley Boulevard. PLEDGE OF ALLEGIANCE — Commissioner Tang INVOCATION - Commissioner Lopez ROLL CALL — Commissioners Lopez, Tang, and Chair Eng ABSENT — Commissioner Herrera OFFICIALS PRESENT: City Attorney Kane Thuyen, Community Development Director Ramirez, City Planner Bermejo, Assistant Planner Hanh, and Commission Secretary Lockwood. ADMINISTRATION OF OATH — Administered by Commission Secretary Lockwood REORGANIZATION — Community Development Director Ramirez explained the nominating procedure for Chair and Vice Chair. Chair Nancy Eng made a motion, seconded by Commissioner Daniel Lopez to Nominate Commissioner John Tang as Chair. Vote resulted in: Yes: Dang, Eng, Lopez, and Tang No: None Abstain: None Absent: Herrera Chair Tang made a motion, seconded by Commissioner Eng to Nominate Commissioner Daniel Lopez as Vice-Chair. Vote resulted in: Yes: Dang, Eng, Lopez, and Tang No: None Abstain: None Absent: Herrera Community Development Director Ramirez announced that Chair is Commissioner John Tang and Vice -Chair is Planning Commissioner Daniel Lopez. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Community Development Director Ramirez presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. DESIGN REVIEW 15 -02 - Sanh Hien Cong has submitted a Design Review application to request to construct a new two -story single - family dwelling unit with a detached two -car garage and attached one- car garage at 2427 Paljay Avenue (APN: 5282 - 021.018). The proposed dwelling unit would consist of 3,126 square feet of floor area. The subject site is located in the R -1 (Single - Family Residential) zone. PC RESOLUTION 15.11 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 15- 02, PERMITTING A NEW 3,126 SQUARE FEET SINGLE - FAMILY DWELLING UNIT WITH A DETACHED TWO -CAR GARAGE AND ATTACHED ONE -CAR GARAGE. THE SUBJECT PROPERTY IS LOCATED AT 2427 PALJAY AVENUE (APN: 5282 - 021.018), IN THE R -1 (SINGLE- FAMILY RESIDENTIAL) ZONE. Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 15- 11 with findings, and APPROVE Design Review 15.02, subject to the 19 conditions, Assistant Planner Hanh presented the staff report. Chair Tang asked the Planning Commission if there were questions or comments for staff. Commissioner Eng asked how many two -story single - family dwellings are there in this neighborhood. Assistant Planner Hanh replied there are two directly across the street and four on the northeast side of the street. Commissioner Eng asked if all of the two -story dwellings are about the same square footage. Assistant Planner Hanh replied one is approximately 3,100 square feet, two are around 2,500 square feet, and two are around 2,000 square feet. Commissioner Eng asked if the incentives are being utilized to maximize their FAR and to reduce the massiveness. Assistant Planner Hanh replied yes. Commissioner Eng asked which incentives they are using. Assistant Planner Hahn replied the applicant is placing the garage towards the rear of the lot so it is not visible from the street, windows are being recessed at a minimum of inches in the front elevation, second floor set -backs exceeds the zoning minimum of more than 5 feet on one side, use of single or double hung windows in the front elevation, no front yard fencing or fencing lower than 4 feet in height, and use of natural architectural materials. Commissioner Eng asked what the width of the lot is. Assistant Planner Hanh replied it is 60 feet. Commissioner Eng asked the location of the driveway. Assistant Planner Hanh replied it is on the south side of the lot. 2 Commissioner Eng asked if there are two accesses to the property. Assistant Planner Hanh replied yes. Commissioner Eng stated this is a five bedroom home with three garages. She asked if the driveway will accommodate guest parking. Community Development Director Ramirez replied yes. Commissioner Eng asked if there is.laundry facility and if it is indoors. Assistant Planner Hanh replied yes and it is located in the one -car garage. Commissioner Eng referred to the two downstairs bedrooms and asked if one of the bedrooms had a common area bathroom. Assistant Planner Hanh replied yes. Commissioner Eng asked if all the upstairs bedrooms were suites. Assistant Planner Hanh replied yes. Commissioner Eng asked if the home will be owner - occupied. Assistant Planner Hanh replied that question may be addressed by the property owner. Chair Tang referred to the "Fencing and Landscaping" section of the staff report and asked if the City had any direction in regards to new development landscaping drought regulations. He asked if the additional plant materials for this project will be required to meet drought tolerance regulations. Assistant Planner Hanh replied staff will not know what type of plants are being proposed until the landscaping irrigation plans are submitted. Community Development Director Ramirez explained that the City currently has a Landscape Ordinance that addresses drought tolerance. She added the City is aware that the State has passed new regulations but it would not apply to this new development because it has been previously been submitted. She stated the City will be updating the Landscape Ordinance based on the new State regulations. Chair Tang asked the Planning Commission if there were any further questions or comments. None Chair Tang and opened the Public Hearing and asked the applicant was present. Community Development Director Ramirez stated the applicant is not present but has sent a representative to answer questions. Chair Tang asked the representative to the podium. Representative Kristy Liu introduced herself and stated she is present to answer any questions the Planning Commission may have. Commissioner Eng asked if this dwelling will be owner- occupied. Representative Kristy Liu replied yes. Chair Tang called Janet Sun to the podium. Janet Sun stated she no longer had any questions. Chair Tang asked if there were any other questions or comments. None Chair Tang closed the Public Hearing. He asked if the Planning Commissioners had any further questions or comments. Vice -Chair Lopez asked why the detached two -car garage is allowed a three feet set -back instead of the five -foot set- back requirement. Assistant Planner Hanh replied accessory structures are allowed three feet from the property line when they are detached. Vice -Chair Lopez asked so if it is separated they are allowed a three foot set -back. Assistant Planner Hanh replied yes. Chair Tang asked if there were any other questions or comments. None Chair Tang asked for a motion. Vice -Chair Lopez made a motion, seconded by Commissioner Eng, to approve ADOPT Resolution No. 15.11 with findings, and APPROVE Design Review 15.02, subject to the 19 conditions. Vote resulted in: Yes: Dang, Eng, Lopez, and Tang No: None Abstain: None Absent Herrera City Attorney Kane Thuyen confirmed that the motion is to APPROVE the Resolution as recommended by staff. Chair Tang replied yes. Community Development Director Ramirez explained the 10 -day appeal process. B. DESIGN REVIEW 14.02, CONDITIONAL USE PERMIT 14.01, AND PUBLIC CONVENIENCE OR 0 NECESSITY 14.02 - ASI Development is requesting approval of Design Review 14.02 (DR 14.02) and Conditional Use Permit 14.01 (CUP 14.01) to allow the development of a one -story 2,400 square foot 7- Eleven convenience market with an Off -Sale Beer and Wine (Type 20) Alcoholic Beverage Control (ABC) license. The project site is located at 9701 East Valley Boulevard in the C- 3D /RC -MUDO (Medium Commercial with a Design Overlay and Commercial /Residential Mixed -Use 0.60 du /ac Development Overlay) zone. The applicant is also requesting that the City determine that the issuance of the Type 20 license will serve the Public Convenience or Necessity (PCN 14.02) as required by the State Department of Alcoholic Beverage (ABC) since the project site is located within a census tract with undue concentration of alcohol licenses and within a high crime reporting district. PC RESOLUTION 15.10 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 14.02 FOR THE CONSTRUCTION OF A 2,400 SQUARE FOOT 7- ELEVEN CONVENIENCE STORE, AND APPROVING CONDITIONAL USE PERMIT 14.01 AND PUBLIC CONVENIENCE OR NECESSITY 14.02 FOR A NEW OFF -SALE BEER AND WINE (TYPE 20) ABC LICENSE, LOCATED AT 9701 EAST VALLEY BOULEVARD IN THE C- 3D /RM -MUDO (MEDIUM COMMERCIAL WITH A DESIGN OVERLA AND COMMERCIAL 1 RESIDENTIAL MIXED -USE 0.60 DU /AC DEVELOPMENT OVERLAY) ZONE (APN: 8577- 009.026). Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 15- 10 and APPROVE DR 14.02, CUP 14.01 and PCN 14.02 with findings, subject to the 54 conditions of approval outlined. City Planner Bermejo presented the staff report and a power point presentation. She also gave a brief summary of the crime statistics. Chair Tang asked the Planning Commission if they had any questions or comments for staff. Vice -Chair Lopez asked if there are only two ABC licenses in that area. City Planner Bermejo replied yes they are (Type 20) ABC License's. Vice -Chair Lopez referred to the two ABC licenses and asked if one is for a liquor store and one is for a market. City Planner Bermejo replied yes. Vice -Chair Lopez asked if they have encountered any beer thefts in the last five years. City Planner Bermejo replied no. Commissioner Eng thanked City Planner Bermejo for her power -point presentation and encouraged staff to continue this visual presentation in the future when feasible, because it is helpful to the commissioners and audience. She asked what the goal of a Development Overlay zone is. City Planner Bermejo explained that this project is located within a Design Review Overlay zone and any project that is located within a Design Overlay staff will then look at the landscaping, signage, how the building treatment fits into the street to make sure that there is good relationship between the building and site developments. Commissioner Eng asked if the Design Overlay is purely for aesthetics and not looking at use. City Planner Bermejo replied yes. Commissioner Eng asked if the applicant has not been able to get a tenant because the building was too small. City Planner Bermejo replied that the applicant may address that question. Commissioner Eng asked if the property to the East of this location was currently vacant. City Planner Bermejo replied the property adjacent to this location is a restaurant and there is an active business in the second unit but she cannot recall what that use is. Commissioner Eng asked if the large vacant lot adjacent to this site is Rosemead or is it El Monte. City Planner Bermejo replied there is vacant land and it is Rosemead, but it is not part of this project. Community Development Director Ramirez stated there are several parcels and they are owned by several owners. She added that one of those parcels is within the City of El Monte. Commissioner Eng referred to the two retailers that have the (Type 20) ABC licenses currently and asked if they are both in the City of Rosemead. City Planner Bermejo replied yes. Commissioner Eng asked if there is a retailer currently operating 24 hours with an (Type 20) ABC license. City Planner Bermejo replied she does not have that information. Community Development Director Ramirez explained that alcohol sales by law needs to cease by 2:00 a.m. and cannot be sold 24 hours. Commissioner Eng asked if there are currently any market type retail businesses within the City that operates 24 hours. Community Development Director Ramirez replied that there are businesses that operate 24 hours within the City but she cannot recall any market/retail type businesses. Commissioner Eng stated there are a couple of convenience stores on the South side of Garvey Avenue. City Planner Bermejo explained that in the past some of the older businesses such as (Lee's Market) did not include hours of operation in their conditions of approval, but new businesses currently do. Commissioner Eng referred to Condition of Approval number thirty -eight (38) and stated there are two current (Type 20) ABC licenses in this census tract with a total of twenty (Type 20) ABC licenses in the City and asked if that amount will remain the same if this item is approved. City Planner Bermejo replied that is the point of that condition of approval to keep it at twenty. Commissioner Deng thanked City Planner Bermejo for her comprehensive staff report and asked if Kev's Liquor and Lee's Market operates 24 hours. City Planner Bermejo replied that Lee's Market is an older market and their conditions of approval does not include the hours of operation and only requires them to post their hours of operation in their window. Community Development Director Ramirez stated in response to Commissioner Deng's question Lee's Market could operate 24 hours if they wanted to. Chair Tang asked if the selling of alcohol would cease at 2:00 am. Community Development Director Ramirez replied yes. City Planner Bermejo stated that Kev's Liquor hours of operation are from 7:00 am to 10:00 pm 7 -days a week. Commissioner Dang asked if both of these businesses, have light standard requirements such as light poles and adequate illumination. City Planner Bermejo replied that she reviewed the sites but did not look at the development and explained that 7- Eleven is proposing two new light standards as part of their security plan. She added the Chief of Police will review both the interior and exterior lighting to make sure it is well illuminated. Chair Tang thanked City Planner Bermejo for her presentation. He stated that it has been mentioned that only two (Type 20) ABC licenses are allowed in this census tract and asked if in the past if it had been approved for additional (Type 20) ABC licenses and is that option available. Community Development Director Ramirez replied yes, in the past the Planning Commission has approved more than what is allowed in a census tract. She explained in this case the Chief of Police is not saying to allow an additional ABC license but to purchase one. Chair Tang asked if the previous business "Arco Gas Station" of about 10 -20 years ago had an ABC license, what happens to the status of it, or will itjust cease upon their closure. City Planner Bermejo replied that ABC will terminate that ABC license and there has not been an active ABC license at that location since 1999. Chair Tang asked if an ABC license cannot be purchased from within the census tract can an ABC license be purchased from an adjacent City, such as El Monte. City Planner Bermejo replied the conditions of approval are specific to the City of Rosemead and in an adjacent census tract in Rosemead. Chair Tang asked if this project is incumbent upon getting that ABC license City Planner Bermejo replied yes. Chair Tang referred to Condition of Approval number nineteen (19) regarding graffiti and asked when businesses are held accountable for keeping their property graffiti free, is it the property owners responsibility to call the 24 hour Graffiti Removal Hotline or does the City just go out and remove the graffiti. Community Development Director Ramirez replied anyone can call the 24 hour Graffiti Hotline and the City will go out and remove the graffiti if it is on the public right -a -way. She added if it is on private property then they will work with the owner of that property to have that graffiti removed. Commissioner Eng referred to Condition of Approval number twenty -two (22) regarding the condition of the awning and read "the awning shall be kept in good repair" and asked if there is a difference between repair and condition. She asked if it should state that it should be kept in "good condition" instead. City Planner Bermejo replied that staff would like the language to be strong so repairs can be made quickly. Commissioner Dang referred to Condition of Approval number nineteen (19) and asked in the event there is graffiti, is there a mandate for how quickly it needs to be removed, and if there are such policies in place. Community Development Director Ramirez replied that Code Enforcement will work with the applicant. Chair Tang stated the condition of approval states that "any new graffiti must be removed within 24 hours" and asked if that was correct. Community Development Director Ramirez explained that there are some situations where it cannot realistically be removed within 24 hours and this is a standard condition of approval. She explained there are situations where graffiti cannot be removed within 24 hours and Code Enforcement will work with the property owner, so that it can be removed in a timely manner. Chair Tang asked if the Planning Commission had any further questions or comments for staff. None Chair Tang opened the Public Hearing and invited the applicant to the podium. Representative Andrea Munoz from ASI Development thanked City Planner Bermejo for all her time and work into this project. She stated that the property owner and 7- Eleven has read all the conditions of approval and agrees to all of them. She added that she can answer any specific questions about the site or architecture that the Planning Commission may have. Vice -Chair Lopez asked what will happen if 7- Eleven is unable to buy an ABC license. Representative Munoz stated that question will have to be deferred to the 7- Eleven representatives. Representative Monica Krueger, Senior Real Estate Manager for 7- Eleven stated that they will try to buy an ABC license and explained that if they find a (Type 21) ABC license, (which is for hard alcohol) they propose to retire it and apply for a (Type 20) ABC license instead. She explained that would take a (Type 21) out of the census tract. She added hopefully they will be able to buy an ABC license within a year but if they cannot find a license, then they will not be able to operate at this site because the sales will not be high enough and it is eminent that they have it. She stated the other competitors operate within the area with a beer and wine license and they would not be able to compete without it. Vice -Chair Lopez stated that is a good location and hopefully they will get the ABC license. Commissioner Eng thanked the applicant for taking the time and bringing this project to the City. She named the current 7- Eleven locations near this site and asked if they had conducted a market study to assure that there is a need for this project and if it will be successful. Representative Krueger replied yes they have. Commissioner Eng asked if there are any 7- Elevens that do not operate 24 hours Representative Krueger replied yes and explained that they are located in very high dense metro areas. She added they are located in downtown Los Angeles, Chicago, New York, Manhattan, but they are dense by 200,000 or 100,000. Commissioner Eng stated the Chief of Police has placed a condition of approval that alcohol can only be sold between the hours of 6:00 am to 11:00 pm if an ABC license is acquired. She asked how will this be implemented or enforced. Representative Krueger replied all their stores have locks on the beer and wine doors. She explained locks can be manually installed or they can use remote controls. She said in a store like this with shorter hours of operation it would be easier to put remote controls on the doors where they can automatically set at 11:00 pm. Commissioner Eng asked when the doors are locked do the employees or customers have access to the doors. Representative Krueger replied that the employees would have to automatically dis -lock the doors remotely to have access. Commissioner Eng asked if 7- Eleven currently has an agreement for a (Type 20) ABC license in place yet. Representative Krueger replied no, and explained it has been very recent that they received the conditions of approval to review and that they would have to buy the ABC license from a neighboring census tract. She added that they knew they would have to buy an ABC license, but they did not know it would have to be from a neighboring census tract. Commissioner Eng asked if 7- Eleven will be the leasing the property and how long the initial lease will be for. Representative Krueger replied the lease will be for 30 -35 years. Commissioner Eng asked if the typical lease term is for 30 -35 years. Representative Krueger replied the primary term is usually 10 years and they have up to 25 -30 years in options. Commissioner Eng asked when the largest shift of employees is. Representative Krueger replied three (3) employees are used through all day shifts. She stated that the busiest time of the day is from 6:00 am to 7:00 pm and usually there are three (3) to four (4) employees during that period of time. She added it varies from store to store and it depends on traffic generators in different communities. Commissioner Eng referred to the (Type 21) ABC licensing and stated that is associated with hard liquor and asked if 7- Eleven cannot obtain a (Type 20) ABC license will they obtain a (Type 21) ABC license and not sell hard liquor. Representative Krueger explained that in the past if a business has closed and gone out of business, that had a (Type 21) ABC license, and they are not going to use their license anymore because they have closed, then their license broker would secure that ABC license, and buy it in escrow. She stated then they retire it and go to ABC to apply for a (Type 20) license. She explained that they pay the high price for a (Type 21) ABC in good faith to take that (Type 21) license out of the census tract to purchase a (Type 20) license. Commissioner Eng asked how long will that process take Representative Krueger replied three to four months. Commissioner Eng asked if the ABC license will have to be within that census tract. Representative Krueger replied yes. Commissioner Deng referred to the driveway dimensions located on Valley Boulevard and noted that it is measured all the way to the apron. He asked if that was a mistake. Representative Krueger replied it looks like the driveway is 28 ft. 4 inches. Commissioner Deng asked if that was inclusive of the apron as opposed to just the flat area which is the driveway entrance. Representative Krueger replied yes. Commissioner Dang asked if a car will hit the apron as opposed to the driveway dimension on Temple City Boulevard where the flat area was mentioned. Representative Krueger responded but it was not audible. Commissioner Dang referred to the landscaping walls and asked if the cap on the wall will be a foam cap. Representative Krueger replied yes. Commissioner Deng requested the design team to consider using something such as a stone cap because it would last a little longer. Representative Munoz replied they could use thick block or concrete. Commissioner Deng referred to the 7- Eleven store located at the corner of Valley Boulevard and Baldwin Avenue and asked if there are any plans for in the recent future of closing that store after this proposed site is operating. Representative Krueger replied no, that store does very well on its own. Commissioner Deng asked if there are any crime statistics for that particular location. Representative Krueger replied yes. She stated that 7- Eleven has not had any real problems in any of their stores in that area. She explained that 7- Eleven has an ongoing program in regards to Loss Prevention /Safety and each of their employees is trained every 6 months. Commissioner Deng referred to the store front windows and asked if 7- Eleven has a policy in place prohibiting large posters that may obstruct view. Representative Krueger replied there is a security window that is never covered. She explained signage placement and security system but explanation was not audible. Community Development Director Ramirez stated there is a municipal code that does not allow more than 15% coverage on windows. l[1 City Planner Bermejo referred and read Condition of Approval number twenty -six (26) regarding signage guidelines and confirmed that there is a 15% coverage requirement. She stated the Chief of Police has also included surveillance measures. Chair Tang thanked the applicant, agreed it is a nice property, and it is suitable for this business. He asked if 7- Eleven is a franchise type business or is it corporation based. Representative Krueger replied it is 50/50 and explained 7- Eleven owns the lease and they share the franchise profits. She stated that 7- Eleven owns the lease, fixtures, equipment, and the goods in the store. She added they hand -pick their franchisee's and they go through a three (3) month training in the store. Chair Tang asked if there is a condition of approval in place that outlines delivery restrictions during peak hours by large delivery trucks. City Planner Bermejo replied she did not include that as a condition of approval because there are no adjacent residential homes in the area. She stated if the Planning Commission recommends that it is necessary, then staff will use a standard condition using the hours of construction beginning at 7:00 am to 8:00 pm. Representative Krueger replied those hours would not work for 7- Eleven. City Planner Bermejo asked what hours will work. Representative Krueger replied it depends on each store in the area. She explained deliveries are routed per stores in the neighborhood, not by each individual store, and deliveries are scheduled for in the middle of the night. She added occasionally they are during the day. City Planner Bermejo reiterated that the site is surrounded by commercial properties only. She explained that other commercial stores with regulated delivery hours are typically adjacent to residential properties. Community Development Director Ramirez stated if deliveries become a noise issue and the City receives complaints, then Code Enforcement would be contacted to investigate. She added if it is found to be true, then they would come in to meet with Planning to discuss various options, such as an agreement, presenting this item to the Planning Commission for hours set, etc. Chair Tang stated there are two speakers wishing to speak on this item and called Brian Lewin to the podium. Resident Brian Lewin reminded everyone that the Metro Caltrans 710 comment period on the Environmental Impact Report and Studies has been extended to August 5, 2015. He commented that the power point presentation was helpful and gives a better sense of the project. He expressed that he opposes this project and does not see the public need or necessity for this in the neighborhood. He stated that the census tract map is deceiving and named other locations nearby with off -sale ABC licenses. He added that there is not a need for a convenience store, this area has been zoned for high density mixed -use, may cause a potential traffic issue, and recommended restrictions on truck deliveries for peak traffic hours, if this item is approved. Chair Tang invited John Spangler to the Podium. Resident John Spangler expressed concern that only 17 Public Notices were sent out in a 300' radius and that he did not receive a notice. He expressed that he opposes this project, that there are currently too many ABC licenses in the general area, there are currently 7- Eleven's in near proximity, this area does not need another liquor store, and does not need the increase of crime. He stated a better use would benefit this area. 11 Resident Martha Spangler expressed concern with the impact of another 7- Eleven coming into the community. She stated she purposely avoids the nearby 7- Elevens because of the crime infestation and vagrancies that take place in the area and nearby hotels. She expressed that there is not a need for this type of business because there is a local market nearby "Lee's Market ", which has been in the community for some time. She stated that she did not know of this project until she saw the Public Hearing Notice posted on the site and that her neighbors also did not know and were upset because they were unable to attend tonight's meeting to comment. She requested that this item be continued so as the local residents may have the opportunity to attend the next meeting and have the opportunity to speak/comment. She also expressed concern that there are schools nearby this location, which will be a safety concern for students walking by. She expressed that the residents need a voice, this is not the right business, and she opposes this project. Chair Tang asked if the applicant would like to respond to any of the comments presented. Director of Acquisitions and Development for Thrifty Oil Company, Mark Berg thanked the Planning Commission for the opportunity to develop their site. He stated this site has been very challenging to lease, has been vacant since 1999, and they have tried to find other occupants. He addressed the comments in regards to vagrancies, adjacent hotels, and stated that those are unique to other locations, but does not apply at this location because there are no hotels or residences. He stated in regards to the alcohol there will not be any net increases in (Type 20) licenses it will be net zero with picking one up and borrowing from the other so it balances it out. He stated they have worked with 7- Eleven for many years and recognize their policies and procedures are very good. He added they are concerned for the residents that live in the area and go to great lengths to make sure the property is safe, and operating in a very safe and diligent manner with the respect of the surrounding community. Commissioner Eng asked if Mr. Berg is the property owner and if he has considered selling the property or is the goal to hold on to the property. Director Berg replied they own the land and they have a generation investment philosophy where they hold onto their properties for many years and they do not like to sell a certain store business model. Commissioner Eng asked if that is why they are looking for a long term lease. Director Berg replied yes, they have a very long term philosophy on how they invest and hold onto properties. Commissioner Deng asked Mr. Berg is he is familiar with the prior occupancy of that site. Director Berg replied it was "Arco BP ". Commissioner Deng asked if it had a mini - market. Director Berg replied that precedes his tenure and he does not recall if it did. He added he believes it had a kiosk, not a mini - market, and that is one reason why Arco decided they could no longer operate the site, it was not profitable without the convenience store aspect. Commissioner Dang reaffirmed that it had just been a gas station and was not an Arco AM /PM. Director Berg replied he believes it was just a gas station. Chair Tang asked if there were any further questions or comments. None 12 Chair Tang closed the Public Hearing and asked if the Planning Commission had any comments or questions Commissioner Eng stated she would like the neighboring residents to have the opportunity to comment and put their input on this item and requested that this item be continued to a later date. Community Development Director Ramirez stated the Public Hearing Notice for this item was sent out to the property owners within a 300' radius from this site. She explained if the Planning Commission recommends continuing this item to a date certain, there will not be any additional public noticing sent out. Chair Tang stated he agrees with Commissioner Eng and although he supports the interest of 7- Eleven coming and wanting to invest in this community, the residents should have a voice in this process. He stated that he understands the public outreach that has been made does not always get into the faces of the residents and in many cases they may not be able to attend the meeting in short notice. He also recommends continuing this item to give residents the opportunity to have a voice in this process and to give 7- eleven the opportunity to engage with those residents to come up with mutual solutions and give 7- Eleven more time to acquire an (Type 20) ABC License. Community Development Director Ramirez stated if this item is to be continued it would be to the August 3, 2015 Planning Commission meeting and that would not be enough time for 7- Eleven to obtain an (Type 20) ABC license. She explained that 7- Eleven has hired a consultant to obtain the ABC license and that could take up to 6 months, and it would not be fair to make them wait till they have a license before coming back to the Planning Commission. She added 7- Eleven and the property owner may speak on that if they like. Commissioner Eng stated that 7- Eleven has explained that if they cannot acquire a (Type 20) ABC license then they will acquire a (Type 21). She asked staff if that will require a new application and what is the process. Community Development Director Ramirez replied no and explained that 7- Eleven has indicated that they are going to purchase a (Type 21) ABC license, retire it, and then turn it into a (Type 20) ABC license. She added as long as they are a (Type 20), then they will not be required to come back. Chair Tang referred to the recommendation of continuing this item to the Monday, August 3, 2015 Planning Commission meeting and asked the applicant if this date would be agreeable to them. Representative Munoz replied that would not be adequate time to do the public outreach that is being requested. She added they did do the notification required by law, so any other people coming to speak are not legally within those areas. She requested that the continuance be until September. Community Development Director Ramirez stated the Planning Commission meetings for September are September 7th or September 21st. She explained the reason a date certain is needed is so no additional noticing is required and the applicant doesn't have to pay any additional fees. Representative Munoz stated they would prefer the September 21, 2015 Planning Commission meeting. Community Development Director Ramirez stated this item will be continued to the Planning Commission meeting to be held on Monday, September 21, 2015 at 7:00 pm. She informed the public that no additional noticing will be done and anyone may'attend the September 21st meeting to speak on this item. Commissioner Dang requested that 7- Eleven bring the crime statistics for the 7- Eleven located on Baldwin Avenue and Valley Boulevard to the September 21, 2015 meeting, if possible. 13 Chair Tang asked the Planning Commission if they were in agreement with the continuation of this item to the Planning Commission meeting of Monday, September 21, 2015. The Planning Commission replied yes. Community Development Director replied that a First and Second will be needed. Chair Tang requested a motion. Vice -Chair Lopez made a motion, seconded by Commissioner Dang to CONTINUE DR 14.02, CUP 14.01 and PCN 14.02 to the Planning Commission meeting to be held on Monday, September 21, 2015. Vote resulted in: Yes: Dang, Eng, Lopez, and Tang No: None Abstain: None Absent: Herrera 4. CONSENT CALENDAR A. Minutes of 6.15.15 Vice -Chair Lopez made a motion, seconded by Chair Tang to CONTINUE this item to the next Planning Commission meeting. Vote resulted in: Yes: Dang, Eng, Lopez, and Tang No: None Abstain: None Absent: Herrera B. Planning Division Entitlement List Vice -Chair Lopez made a motion, seconded by Commissioner Dang to RECEIVE AND FILE the Planning Division Entitlement List. Vote resulted in: Yes: Dang, Eng, Lopez, and Tang No: None Abstain: None Absent: Herrera 5. MATTERS FROM STAFF Community Development Director Ramirez announced the date, time, and locations for the upcoming City of Rosemead events including: the Rosemead Skate Park Plaza Workshop #2, Rockin' Rosemead Concerts in the Parks, Public Safety Connections meeting, National Night Out & Emergency Preparedness Fair, and the Summer Survival Camp -out. She encouraged everyone to attend and enjoy the events. 14 6. MATTERS FROM THE CHAIR & COMMISSIONERS A. City of Los Angeles's Seismic Standards for Cellphone Towers Commissioner Eng thanked staff for the report. Community Development Director Ramirez stated this item will need a motion to receive and file. Commissioner Eng made a motion, seconded by Vice-Chair Lopez to RECEIVE AND FILE the staff report for the City of Los Angeles's Seismic Standards for Cellphone Towers. Vote resulted in: Yes: Dang, Eng, Lopez, and Tang No: None Abstain: None Absent: Herrera Commissioner Eng welcomed newly appointed Planning Commissioner Sean Dang. She thanked staff and the Planning Commission for their support and making her job as a Chair for the Planning Commission so easy. She referred to the 4th of July event and commended staff and thanked them. She stated this was a successful event for the community. Chair Tang welcomed newly appointed Planning Commissioner Sean Dang and stated he is looking forward to working with him. He also congratulated Planning Commissioner Lopez on his reinstatement. He thanked Commissioner Eng for doing an outstanding job in her leadership. He thanked the Planning Commission for entrusting him as Chair and stated he looks forward to serving this commission and the community. He complimented and thanked staff or doing a great job on the 4th of July event. 7. ADJOURNMENT Meeting Adjourned at 8:42 p.m. in the memory of John Leonard Berry of Lakewood. The next regular Planning Commission meeting will be held on John' Chair ATT T: � Q Rac el Lockwood � Commission Secretary August 3, 2015, at 7:00 p.m. 15