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PC - Minutes - 12-07-15 Minutes of the PLANNING COMMISSION MEETING December 7,2015 The regular meeting of the Planning Commission was called to order by Chair Tang at 7:01 pm in the Council Chambers, 8838 E.Valley Boulevard. PLEDGE OF ALLEGIANCE-Commissioner Herrera INVOCATION-Chair Tang ROLL CALL-Commissioners Dang, Eng, Herrera, and Chair Tang ABSENT-Vice-Chair Lopez STAFF PRESENT-City Attorney Murphy,Community Development Director Ramirez,City Planner Valenzuela, Chief of Police Somoano, Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney Murphy presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. DESIGN REVIEW(DR) 14-02, CONDITIONAL USE PERMIT(CUP) 14-01,AND PUBLIC CONVENIENCE OR NECESSITY (PCN) 14-02 (CONTINUED) 9701 VALLEY BOULEVARD On July 20, 2015, the Planning Commission conducted a duly noticed public hearing for Design Review 14-02 and Conditional Use Permit 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 store proposes a 24-hour operation with no alcohol sales after 11:00 p.m. Since the project site is located within a census tract with undue concentration of alcohol licenses and within a high crime reporting district,the application also included a request for a determination that the alcohol license will serve the Public Convenience or Necessity (PCN 14-02) as required by State ABC. At that hearing, the Planning Commission reviewed the proposed project and received testimony from members of.the public. In response to public testimony,the Planning Commission decided to continue the item to the meeting of September 21, 2015, so that the community had more opportunity to give input. The Commission further encouraged 7-Eleven to do neighborhood outreach and bring back crime statistics for the two existing 7-Eleven stores(7-Eleven at 4800 Temple City Blvd. in Temple City and 7-Eleven at 10008 Valley Blvd. in El Monte). The Planning Commission Staff Report and Meeting Minutes are attached as Exhibits "B"and "C",respectively. On September 9, 2015, the Planning Division received a petition to oppose the Off-Sale Beer and Wine (Type 20) ABC license from residents of the City. The petition totals 110 signatures, which has been attached as Exhibit"D" . On September 21,2015, the Planning Commission reviewed a letter from Thrifty Oil Co. requesting that the Planning Commission continue the public hearing to the regular meeting of October 19, 2015. The letter stated that more time was needed for public outreach. At that meeting,the Planning Commission unanimously approved to continue the public hearing to the regular meeting of October 19, 2015. The Planning Commission Memorandum and Meeting Minutes are attached as Exhibits "E" and "F," respectively. On September 23,2015, Planning Commissioner Eng requested information regarding two(2)existing 7- Eleven stores In the City of Rosemead. On November 10, 2015, a memorandum was distributed to the Planning Commission on the requested information (attached as Exhibit"G"). On October 19,2015,the Planning Commission reviewed a second letter from Thrifty Oil Co. requesting that the Planning Commission continue the public hearing to the regular meeting of December 7, 2015. The letter states that although 7-Eleven and Thrifty Oil Co. have made good progress on their outreach efforts, they only recently have been able to obtain foreign language speakers to assist with the translation of the Chinese language. At that meeting,the Planning Commission unanimously approved to continue the public hearing to the regular meeting of December 7, 2015. The Planning Commission Memorandum and Meeting Minutes are attached as Exhibits"H"and"I," respectively. On December 2, 2015, staff received an email from a representative of 7-Eleven and Thrifty Oil Co, which provided information pertaining to the public outreach that was completed for this project (Exhibit".1"). As indicated in the email,they have hosted an open community meeting in September and have logged over 200 hours of door-to-door outreach within a one-mile radius of the store. They have also collected over 400 petition signatures from local residents supporting 7-Eleven's proposed operation. In addition,they have received support letters from six(6)local businesses surrounding the subject site. On December 2, 2015,Thrifty Oil Co. also provided staff with the crime statistics for the 7-Eleven Store at 10008 Valley Boulevard in the City of El Monte(attached as Exhibit"K"). City Planner Valenzuela presented the staff report. Chair Tang asked the Planning Commission if there were any questions or comments for staff. Commissioner Eng thanked the applicant (7-Eleven) and the property owner for taking the time to conduct an intensive public outreach. She asked if staff had received any information regarding the crime statistics for the 7- Eleven located on 4800 Temple City Boulevard. City Planner Valenzuela replied no. Commissioner Eng referred to the staff report and asked if the four hundred (400) petition signatures and six (6) letters of support from businesses for the 7-Eleven are available for the Planning Commission to review. City Planner Valenzuela replied yes. Community Development Director Ramirez stated this information was requested but not provided by the applicant, and 7-Eleven stated it will be provided this evening. Commissioner Eng asked what the hours of alcohol sales are for the two existing 7-Eleven's located on San Gabriel Boulevard/Hellman Avenue and Muscatel Avenue. 2 City Planner Valenzuela stated it is addressed in Exhibit "G" and is not limited; however state law requires sales to stop by 2:00 am. Commissioner Eng asked if the 7-Eleven's are using state law requirements. Community Development Ramirez replied that there is not a condition of approval that requires hours so they automatically revert to state law. Commissioner Eng asked what the hours of state law are. Community Development Director Ramirez replied the hours are 6:00 am to 2:00 am. Commissioner Eng referred to the resolution on page fourteen (14) of thirty-two (32)where the 7th whereas is located,and recommended the dates should be October 19, 2015 to December 7, 2015. Community Development Director Ramirez replied staff will make the correction. Commissioner Eng referred to Condition of Approval number twenty-three (23) regarding the trash enclosure and asked if it is a current standard policy to have a solid rooftop. Community Development Director Ramirez replied that is correct. City Planner Valenzuela stated that can be added to the Condition of Approval. Commissioner Eng addressed the Chief of Police, Ignacio Somoano, and stated that his support is based on the fact that there is no net increase in the number of Type 20 ABC license, and asked if it is limited to this census tractor is it city-wide. Chief of Police Somoano replied it would be limited to within the City of Rosemead boundary. Commissioner Eng asked currently how many ABC Type 20 licenses are there. Chief of Police Somoano replied he does not have that information available and stated the applicant would have to acquire an existing ABC license from within the City. Chair Tang what was the impetus behind having the applicant buy the ABC license verses granting an additional one, even if it is one net increase. Chief of Police Somoano replied that alcohol thefts (commonly nicknamed beer runs) do occur, and the more establishments that there are,the likelihood of that type of crime occurring is greater. He stated in previous meetings the applicant has agreed and offered to purchase an existing ABC license rather than increasing the amount. Community Development Director Ramirez stated there are thirteen (13)Type 20 ABC licenses. Commissioner Eng stated that number can go up depending on applications being submitted in the future that the Planning Commission may approve or disapprove. Chair Tang asked if there is an overconcentration of ABC licenses and crime in that particular area. 3 Chief of Police Somoano replied that is correct and those are factors for the City to evaluate when looking to grant an additional request. He added overconcentration and crime rate are the main factors and his recommendation is not to get an increase of ABC Type 20 license for this project,as it would be a benefit to the City. Commissioner Eng stated there is an item in the staff report that she likes a lot, which is: "There should be no sales of single can or bottle alcohol". She asked staff if that should be considered as a separate condition of approval. City Attorney Murphy stated that he is legally satisfied with Condition of Approval number forty-one(41). He added it is enforceable and comes under the security plan. Chair Tang referred to the crime rates in Exhibit"G" and stated the crimes relate to robbery, theft,or narcotic arrest, and asked if this is compared to other similar business establishments, is it above average, or is it similar. Chief of Police Somoano replied it depends on the type of business and this business is open 24 hours, so it will get different clientele throughout the day. Chair Tang stated one of the biggest concerns the surrounding residents has had is the recent increase in crime,and asked if this is approved,could additional patrols be done in the area after midnight for a period of time. Chief of Police Somoano replied yes. Chair Tang asked for an explanation of the terms, conditions being requested, and process of purchasing an existing ABC license verses applying for a new one and not having a net increase. Chief of Police Somoano explained that during a meeting a representative of 7-Eleven stated there was an ABC (Type 20) license available within the City to purchase. He stated that the applicant offered to purchase the ABC license so that there will not be a net increase to the number of ABC licenses since this area is already over concentrated. Commissioner Dang referred to the crime reporting district and asked if it included the 7-Eleven in El Monte. Chief of Police Somoano replied the City of El Monte submitted calls for service log and it covered a one(1)year period. He stated they added up to ten (10) theft related calls with four (4) of them being beer thefts and they occurred after 11:00 pm. He explained that is one of the reasons why his recommendation is to not sell alcohol after 11:00 pm to help prevent the type of criminal element that might be associated with that late night activity. Commissioner Dang read the first paragraph on page seven (7) of thirty-two (32)of the staff report, and asked if the 7-Eleven in the City of El Monte is included in the crime reporting district. Commissioner Eng stated that she has an ABC census tract map available and it does not appear that the 7- Eleven located in El Monte is pal of this census tract. She shared the map with the Planning Commission. Chair Tang asked City Attorney Murphy when it is referred to as crime reporting district, does that mean the same as ABC census tract. City Attorney Murphy replied no,they may overlap, but may not have the same boundaries. Chief of Police Somoano stated he does not recall where this figure came from or if it was in one of his reports, but if it was provided by him, and then it would only refer to the Sheriff's Department and the City of Rosemead statistics. Commissioner Dang asked if law enforcement personnel within cities share a central data base. 4 • Chief of Police Somoano replied no, but some agencies do use the Sheriffs LARCIS (Los Angeles County Reporting Criminal Information System); however the City of El Monte does not. He explained reading that paragraph it appears that report comes from ABC, and every agency does report their data t0 the State and FBI. Commissioner Dang asked if potentially there could be a shared ABC's report that the City of El Monte could have populated their crime data into that data base. Chief of Police Somoano replied yes that is possible if it is based on State ABC records on their census tract, which could be slightly different than a Sheriff's reporting district. He stated their configurations do not mirror each other. Commissioner Herrera asked if alcohol will not be sold after 11:00 pm. Chair Tang explained it is part of the conditions of approval for this specific project and that is Condition of Approval number thirty nine (39). He asked if the Planning Commission had any further questions for staff. None Chair Tang opened the Public Hearing and invited the applicant to the podium. Mark Berg, Director of Acquisitions and Development for Thrifty Oil Co., presented a power point/slide presentation. He provided the Planning Commission with a binder labeled "The Revitalization of 9701 Valley Boulevard, Rosemead, CA"to review as the power point presentation was presented. A 7-Eleven Representative added comments to the presentation. Chair Tang asked the name of the 7-Eleven Representative. She replied her name is Sherrie Olson. Mr. Berg stated Sherrie Olson was in charge of directing the public outreach program and continued with his power point presentation. Chair Tang thanked the applicants for conducting such an extensive public outreach for the community. He asked the Planning Commission if they had any questions or comments. Commissioner Dang referred to the light pole that is being proposed to be removed and requested it be left to provide adequate lighting. Mr. Berg explained the current illumination of lighting fixtures is greater today than in the past, but they will maintain the same amount of light poles as requested. Commissioner Dang stated he had requested the crime reporting statistics for the 7-Eleven located in El Monte at a previous Planning Commission meeting. He added that going through the report from the EL Monte Police Department print-out he counted seven(7)alcohol related items,which were beer runs. Mr. Berg asked if that was for a one(1)year period. Commissioner Dang replied yes. Ms. Olson pointed out that the store in El Monte does not have the same conditions of approval placed on it as this new store. She explained there will not be any floor displays at the new location and as more new stores open and new contracts get stronger,you will see less of that happening. 5 Commissioner Dang stated going forward 7-Eleven has a good mission agenda and made this a good flag ship store. Commissioner Eng thanked the representatives for taking the time to reach the community. She referred to the 400 signatures that were obtained and asked if they were all Rosemead residents. Ms. Olson replied no, and explained they took a circumference of a 1,000 foot radius, which borders the City of El Monte and Temple City. She explained a mailer was made in three languages, and they reached out beginning in the immediate area and outward within that 1,000 foot radius. Commissioner Eng asked if it can be estimated how many of those signatures are Rosemead residents. Ms. Olson replied out of the 400 signatures almost 1/2 of the signatures are Rosemead residents. Commissioner Eng asked why 7-Eleven is required to have two Type 20 ABC licenses to operate and sell beer and wine. Mr. Berg replied it is not required to have two Type 20 ABC licenses, only one is required, but is a concession to operate. Ms.Olson stated after meeting with the Chief of Police the focus is to keep a net reduction of ABC licenses within the City. She added that would mean they would purchase two ABC licenses and retire one to accomplish that goal. She explained that they are expensive to purchase and they would have to wait for one to be available. Commissioner Eng stated the focus is to work with the Chief of Police in finding an overconcentration of Type 20 ABC licenses within the census tract,purchase it,and then retire it. Ms. Olson explained that they could also purchase a Type 21, instead of a Type 20, and then retire it. She stated they are trying to do the best they can for the community. Commissioner Eng asked if there are any 7-Eleven's that do not sell beer and wine. Ms. Olson replied it is very rare and it may be in an extremely high crime area like downtown Los Angeles where the Police Department would not allow it. She added the majority of their 7-Eleven's sell beer and wine, do operate 24 hours, and it is a part of their model. She stated they also sell medicines, milk, and food groups because they pride themselves as being a neighborhood market. Commissioner Eng stated that for this particular store it is indicating single cans of beer will not be sold. Ms. Olson stated that is correct they will only sell pre-packaged items. Commissioner Eng asked if that is something they are venturing away from because the two current 7-Elevens located in Rosemead do sell individual cans of alcohol. Ms. Olson replied those are older stores and that condition is usually given to them by the City or Police Department depending on the location.She added the newer stores do not sell single servings. Commissioner Eng asked if wine will also be included. Ms. Olson replied wine is different as it is by the bottle. So this pertains to only the beer. Commissioner Eng asked what time do deliveries arrive at their locations. 6 Ms. Olson replied it varies per location and it also depends on the conditions of approval on timing of deliveries that the Planning Commission may impose on them. She added every City has its own regulations that they follow. Mr. Berg added that the delivery trucks delivering to the facilities are smaller trucks and not the big semi-trucks. Consultant Chris Gabriel stated the trucks are medium size (a little larger than a bakery truck), deliveries are made between 9:00 pm to 6:00 am,which is when the customer count is much lower and traffic count is much less. Commissioner Eng stated that 7-Eleven does request ID for the sale of alcohol and referred to the kiosk located in their facilities selling electronic cigarettes and asked if they are monitored in anyway. Consultant Gabriel replied yes, they follow the laws of the land, and if the laws of the city or state regulate tobacco products (electronic cigarettes)for a certain age, then that is what they follow. He stated 7-Eleven does not sell tobacco products or give samples to anyone in the State of California under the age of 18. Commissioner Eng stated that this presentation is stating that this site will provide 8 to 12 jobs, but at the previous Planning Commission meeting it had been presented that the largest shift will have 4 employees. She asked the representative to please clarify. Ms. Olson explained that there are three shifts, they all work at different hours, and when deliveries are made they are working in the stock room. Commissioner Eng stated that she appreciates the fact that.7-Eleven would like to be more engaged as a community partner. She asked in what ways the current 7-Elevens in the City have been involved within the community. Ms. Olson replied she is not sure what their involvement has been in the local schools, but she has worked with the owner of the 7-Eleven at their South El Monte site and they are involved in the local schools and donate to soccer teams. Commissioner Eng asked in the outreach efforts to the community what are some of the support the community is looking for. Ms. Olson replied they are looking for a store to be well lit, to go in and feel safe, and to be able to shop for multiple items such as food, medicine, and diapers for their children. She added they are also looking for a store that will be open with later hours but still feel safe. She explained with the added lights and high tech camera system they install they will be able to zoom in to catch quite a bit. She stated when they spoke with a lot of residents they were excited that they were coming in and signed their petition. Chair Tang referred to a condition of approval regarding purchasing an ABC (Type 20) license within the census tract, but in her presentation it was noted that they would purchase two ABC licenses, cancel one,and repurpose the other one. He asked if they would be open in codifying that agreement in that condition. Ms. Olson replied yes. City Attorney Murphy recommended that a second sentence be added to Condition of Approval number thirty-eight (38), "The applicant andlor franchise owner agree to purchase a second ABC license and to cooperate with the City and the Sheriff's Department in determining the proper license to purchase. Said license shall be returned to ABC for retirement" Ms. Olson replied that would be very helpful. 7 Commissioner Eng asked for clarification and stated this census tract is currently maxed with ABC licenses and if 7- Eleven is unable to purchase an ABC license from this census tract, then 7-Eleven will purchase an ABC license from another census tract,which will bring an overconcentration of ABC licenses to this census tract. Ms. Olson replied that is correct and the reason they are identifying the tracts that are more problematic in the City and looking at high crime issues with the Chief of Police. Commissioner Eng expressed concern that without an additional ABC license (Type 20) in this census tract, that there is already a 20%above the reported crime rate. Ms. Olson explained there are two ABC licenses in that census tract that belongs to older markets that have been in the community for quite some time, so purchasing those ABC licenses and be an unrealistic thing. She added, working with other problematic stores and other areas in the City would give them an opportunity to be successful in reducing a net gain in the City. Chief of Police Samoano stated that 7-Eleven did bring up the option to purchase a 'Type 20' from within the City to bring down the net gain and they also offered to purchase a"Type 21"which would be a bar(like Spike's Bar). He added if 7-Eleven ends up purchasing an additional ABC license and retiring it would bring down the net gain to the City, which overall would be beneficial. He explained those options were discussed but it was not anything he was mandating. Commissioner Eng stated that the information regarding the number of overconcentration in other census tracts is not available this evening,but there must be a number of them. Community Development Director Ramirez stated that's correct and the reason they are presented to the Planning Commission. Chair Tang stated the modification will be made to Condition of Approval number thirty-eight(38). Commissioner Eng addressed the Chair and referred to the trash enclosure. Community Development Director Ramirez explained that the plans include a trash enclosure and if the plans are approved this evening,then a trash enclosure will be required. Commissioner Eng asked if the plans show that the trash enclosure will include a solid roof. Community Development Director Ramirez replied yes. Chair Tang asked Commissioner Eng if she would like to codify that into the Condition of Approval number twenty- three(23)to make sure. Commissioner Eng replied yes. Community Development Director Ramirez stated that will not be a problem. Chair Tang stated there are two speakers request and called Brian Lewin to the podium. Resident Brian Lewin stated that this Planning Commission meeting or public hearing had no email notice sent out before this morning, so if anyone interested in attending this meeting may not be aware of it or may not have had enough time to make arrangements to attend,and requested that to please be considerate of that. He added that the 8 400+ signatures collected by the applicant, that more than half of them are not Rosemead residents,were not made available for public viewing, or given to the Planning Commissioners for an adequate time to properly review them. He stated information regarding the crime statistics for the Temple City 7-Eleven was not submitted to be reviewed by the public. He commented that it was mentioned in both staff reports,this evening, and the one dated in July 20,2015, that property maintenance is in poor condition at that site and he wonders how it repeatedly got that way. He read Municipal Code 17.30.040E2A, "the crime rate in the reporting district and adjacent reporting districts as compared to other areas in the city'to the Planning Commission and stated the Planning Commission could not do that because the Planning Commission was not provided the crime statistics for the two adjacent reporting districts to make that comparison. He also commented that the Planning Commission considers that not all crimes are repoded so, therefore, if they are not reported then it did not happen. He expressed concern with crime, code issues, and the history that has been established with 7-Eleven's within this City, and opposes this Public Convenience or Necessity. He stated it is not needed, he does not want this, and requested the Planning Commission to find finding and not let this into the neighborhood, as it would be detrimental to the health and safety of their community. Resident LaDon Lewin stated she opposes this 7-Eleven in her neighborhood, she has not, and will not be a customer. She added their reputation precedes them and she does not feel comfortable in their store. She expressed that she associates negative things with the store based on what she has heard and seen on the news. She stated that there are enough convenient stores and Rosemead does not need another one. She thanked the Planning Commission for listening to her and informed them that she lives on Ralph Street and no one knocked on her door to ask her to sign a petition. Chair Tang closed the Public Hearing and asked the Planning Commission if there were any further questions or comments for staff. Commissioner Eng commented that she appreciates the time taken to conduct a public outreach by the applicant,the proposal to purchase another ABC license to address the overconcentration of ABC's Licenses, and Rosemead is a family oriented City and she would like to keep it that way. She expressed her concern is the information that is on hand currently and the fact there is an overconcentration in this area already. She stated the Chief of Police is present this evening and is willing to work with the applicant to minimize the impact of the overconcentration if the applicant cannot secure another existing ABC license.She recommended that the Planning Commission does not create opportunities for the convenience of obtaining alcohol and referred to a coalition called "RADD" and stated that the City of Rosemead is rated "B-". She stated the Design Review of this application will clean up this site. Commissioner Herrera commented that the standards of today are significantly different from what they were 12 to 40 years ago. Commissioner Dang thanked Brian Lewin for his comments and stated it would have been beneficial if the applicant would have submitted the 400 signatures in advance and acknowledges Mr. Lewin's points. He stated that he had been concerned with the El Monte 7-Eleven because he is familiar with that area's demographics and at previous Planning Commission meeting he had requested the reported crime statistics. He commented that he had concerns that the unfavorable dynamics of the store in El Monte closing will not migrate to the City of Rosemead because of the operational conditions of approval for this site. Chair Tang stated he agrees with Commissioner Dang's comments and that 7-Eleven customers tend to shop there because of the convenience of locality and are close to home. He stated he is supporting this project because he likes the idea of not selling alcohol in single servings, restricting the hours of when alcohol can be sold, reducing the net ABC licenses,and because the development of that area is needed. 9 Commissioner Dang stated that 7-Eleven is also going to install state of the art cameras that should help deter crime. He added the staff report stated that 7-Eleven will have communication directly to the Temple City Sheriff's station. Chief of Police Somoano explained 7-Eleven's system will have an expedited way to communicate with them compared to the older technology. Commissioner Eng requested that City Attorney Murphy read the revised number thirty-eight (38) Condition of Approval again. City Attorney Murphy read, "The franchise owner shall purchase an existing Type 20 ABC license from an adjacent census tract with the City of Rosemead. The franchise owner and/or applicant shall work with the City and the Los Angeles County Sheriff's Department to purchase a second ABC license from an adjacent census tract within the City of Rosemead.Said license shall be returned to ABC for"retirement". He explained the point to this is to say the applicant will work to do this, but they do not have to do this as a condition of initially opening the store. He added they will be working with the City and Temple City Sheriff's Department to do that. Commissioner Eng asked if there is a time limit to make sure that this gets accomplished. City Attorney Murphy replied that has not been read in and that is something that the Planning Commission should workout with the Chief of Police. Community Development Director Ramirez explained to the Planning Commission to be very careful with that because unfortunately they can only buy an ABC license as it becomes available, so if a time limit is set and one does not become available within that time limit,then it will return to the Planning Commission requesting extensions and so forth. She explained staff is comfortable with the applicant working with the Chief of Police and setting a time limit would make them very nervous. Commissioner Eng asked staff how they will be enforcing this. City Planner Valenzuela replied that the City does not get notified by ABC, but when an applicant comes in, they notify staff that an ABC license is going to be surrendered and they will be taking it over. Community Development Director Ramirez stated that it can also be found out through the business license process. She explained new ownership will be required to apply for a new business license. Commissioner Eng stated her concern is that they will be able to obtain a Type 20 ABC license and then they cannot obtain the second one,how long will they be able to say they cannot obtain the second one. Community Development Director Ramirez explained that this was not a requirement placed by the Chief of Police or the City,this is something that was offered to the Chief of Police Somoano by 7-Eleven. Commissioner Eng stated this is something that the Planning Commission would like to entertain. Community Development Director Ramirez stated if the Planning Commission does put a time limit,then she suggest it is a very long time limit. She stated if there is a development that is going into place that will eventually go away, then staff can inform the applicant. She stated for example"Fresh& Easy" has recently closed and the applicant can ask if their ABC license will be available. Mr. Berg confirmed that obtaining the second ABC license would not be from an adjacent tract it would be from within the City. 10 Community Development Director Ramirez replied that is correct. City Attorney Murphy stated if he said adjacent he apologizes and he should have said,"a census tract within the City of Rosemead". He also read the amendment to Condition of Approval number twenty-three (23) and stated the second to last sentence should state, 'The trash enclosure shall be placed with opaque steel self-closing and self- latching doors and a solid roof'. Community Development Director Ramirez added the removal of the light fixture will remain on the Plan itself. Commissioner Eng stated that law enforcement is having a major challenge due to the implementation of Proposition 47 and asked Chief of Police Somoana how this overconcentration will impact that challenge. Chief of Police Somoano replied the way it is set up is that the applicant will acquire an ABC license within the City, so it is really not going to bring on any noted addition. He stated the offer the applicant has brought forward will be beneficial to the City because there will not be any floor items subject to beer runs and they will lock alcohol up at 11:00 pm, so there are some enhancements. He added he does not know where the applicant will acquire the ABC license, but if it's an old license they are probably under some loose guidelines, and in general Proposition 47 may have brought challenges in the whole system, but in working with 7-Eleven he believes the City will benefit from it compared to the existing position. Chair Tang stated he agrees with Commissioner Eng on selling up some sort of time frame in regards to purchasing the second ABC license, so the applicant may be held accountable for it. He stated even if it is set up for a long time at least there is a foundation, so as the applicant is held accountable. He called Mr. Berg to the podium to address the item. Mr. Berg stated that it does take some time to obtain those types of ABC licenses and asked if a five (5) year time limit may be set up on it. Commissioner Eng asked if a three(3)year time frame will work. Mr. Berg asked if they can have four(4)years. Commissioner Eng replied yes. Mr. Berg stated he made a mistake when he spoke with the City Attorney earlier and neither of the two ABC licenses needs to be from the adjacent tracts they both can be from within the City. He explained the intent is to endeavor to try to obtain an ABC license from an adjacent census tract but not a condition to obtain an ABC license from an adjacent census tract. He added that is what is currently stated in Condition of Approval number thirty-eight(38). Community Development Director Ramirez stated that was based on the recommendation from the Chief of Police Somoano and what was in the original agreement too. She added if the Chief of Police Somoano is agreeable to the change, then staff if agreeable, and it would be up to the Planning Commission. She explained the applicant is requesting that the Type 20 license be obtained from anywhere in the City and not from an adjacent tract. Chair Tang asked as long as it is within the City correct. Chief of Police Somoano replied he has no opinion either way and leaves it up to the discretion of staff and the Planning Commission. Mr. Berg suggested that with the added provision 7-Eleven would endeavor to obtain the ABC license from an adjacent tract but not have a hard requirement to do so. He explained that these licenses are hard to obtain and now with a set time frame, it pushes them up against a clock. Commissioner Dang suggested that an option be provided stating that it can be obtained within the City or an adjacent tract within the City. Community Development Director Ramirez explained that by saying 'Within the City" it would include an adjacent tract. Commissioner Dang asked why"within the same tract"and what is the difference with an adjacent tract. Community Development Director Ramirez explained that "within the City" could be anywhere meaning adjacent or not adjacent. Commissioner Dang suggested it just state within the City. Community Development Director Ramirez suggested the Planning Commission include when the four (4) year period will begin so it is clear to all parties. Commissioner Eng asked if City Attorney Murphy had any suggestions for that date. City Attorney Murphy replied no, it is a policy manner for the Planning Commission and stated staff can advise them on that. Community Development Director Ramirez recommended that the Certificate of Occupancy date is a reasonable time to begin the four(4)year period. Chair Tang stated he agrees. Commissioner Dang asked what will happen in four (4) years, will there be another Planning Commission meeting, and what the ramifications are if this condition was not met. Community Development Director Ramirez replied the applicant would either need to request an extension or request the item be amended by the Planning Commission. Mr. Berg asked what the time frame from the Planning Commission's approval until construction has to commence. Community Development Director Ramirez replied there is not a condition of approval in regards to that. She explained the only condition that is being set is the four(4)year period in which to obtain the second ABC license. Commissioner Dang stated he would like to reiterate what Commissioner Eng stated about the single servings of alcohol and recommended it be made a condition of approval. Community Development Director Ramirez stated it is already included under Condition of Approval number forty- one(41). Chair Tang asked if there was any other discussion or is there a motion. Commissioner Herrera made a motion, seconded by Commissioner Dang, to ADOPT Resolution No. 15-10(Exhibit "A") and APPROVE Design Review 14-02, Conditional Use Permit 14-01, and Public Convenience or Necessity 14- 12 02 with findings, subject to the fifty-four (54) conditions of approval. (Modifications to Condition of Approval number's 23 and 38, as well as one change to the submitted plans, were made by the Planning Commission on 12-7-15). Vote resulted in: Yes: Dang, Eng, Herrera,and Tang No: None Abstain: None Absent: Lopez Community Development Director Ramirez stated the motion passes and explained the ten(10) day appeal process. 4. CONSENT CALENDAR A. Minutes of 11-16-15 Discussion took place by the Planning Commission because Chair Tang and Commissioner Herrera were not present at the Planning Commission meeting held on November 16,2015. Community Development Director Ramirez and City Attorney Murphy explained the process and voting took place. Chair Tang asked if there were any corrections or questions on this item. None Chair Tang requested a motion. Commissioner Eng made a motion,seconded by Commissioner Dang,to approve the Minutes of 11-16-15. Vote resulted in: Yes: Dang,Eng,Herrera,and Tang • No: None Abstain: None Absent: Lopez 5. MATTERS FROM STAFF Community Development Director Ramirez announced that Associate Planner Lily Valenzuela has been promoted to City Planner and Assistant Planner Cory Hanh has been promoted to Associate Planner. She added the City is now currently recruiting for an Assistant Planner. She also announced the upcoming date, time, and location of the Special MeetingNJorkshop with City Council. She announced City Hall will be closed for the holidays beginning December 24, 2015 through January 3, 2016. She staled the next meeting of the Planning Commission will be held on Monday,January 4, 2016. 6. MATTERS FROM THE CHAIR &COMMISSIONERS Commissioner Eng congratulated Associate Planner Valenzuela and Assistant Planner Hanh on their promotions. She also thanked resident Brian Lewin for his thoughts, comments,deliberations, and taking the 13 time to look at the projects, as it challenges the Planning Commission to think about what is the best interest for the City. Commissioner Dang thanked resident Brian Lewin for attending the Planning Commission meetings and his involvement. He also thanked LaDon Lewin for attending the meeting. Commissioner Herrera congratulated Associate Planner Valenzuela on her promotion and the Lewin's for attending the meeting. Chair Tang congratulated Associate Planner Valenzuela. He also thanked the Brian Lewin and LaDon Lewin for always putting their community first. The Planning Commission also thanked Chief of Police Somoano for attending the Planning Commission meeting. 7. ADJOURNMENT The meeting was adjourned at 9:02 p.m. The next regular Planning Commission meeting to be held on Monday, December 21,2015,at 7:00 p.m. will be Cancelled due to lack of quorum and the next regular Planning Commission meeting will be held on Monday,January 4,2016. • Milk all • John :ng Chair ATT.°T: O / a /l. urof/n, Rachel Lockwood Commission Secretary 14