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PC - Minutes - 06-20-16 Minutes of the PLANNING COMMISSION MEETING June 20, 2016 The regular meeting of the Planning Commission was called to order by Chair Tang at 7:00 pm in the Council Chambers,8838 E.Valley Boulevard, PLEDGE OF ALLEGIANCE—Chair Tang INVOCATION—Vice-Chair Lopez ROLL CALL—Commissioners Eng, Herrera, Vice-Chair Lopez, and Chair Tang ABSENT—Commissioner Dang STAFF PRESENT—City Attorney Murphy, Community Development Director Ramirez, Chief of Police Somoano, City Planner Valenzuela, Associate Planner Hanh, and Commission Secretary Lockwood, ADMINISTRATION OF OATH OF OFFICE—Administered by Commission Secretary Lockwood REORGANIZATION - Community Development Director Ramirez explained the nomination procedure for Chair and Vice-Chair. Commissioner Eng made a motion,seconded by Commissioner Herrera,to nominate Commissioner Lopez as Chair. Vote resulted in: Ayes: Eng, Herrera, Lopez, and Tang Noes: None Abstain: None Absent: Dang Commissioner Tang made a motion, seconded by Commissioner Eng,to nominate Commissioner Dang as Vice-Chair Vote resulted in: Ayes: Eng, Herrera, Lopez, and Tang Noes: None Abstain: None Absent: Dang 1, EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS 1 A. MODIFICATION 16-01 -TSW Investment LLC doing business as Fairfield Inn and Suites by Marriott has submitted a Modification application requesting to modify Condition& Use Permit 15-08 from an Off- Sale Beer and Wine (Type 20) ABC license to an On-Sale General Restrictive Service (Type 70) ABC license at a corner market located within the hotel. The modification is required by the California Department of Alcoholic Beverage Control for onsite consumption. The subject site is located at 705 San Gabriel Boulevard (APN: 5271-002.066) in a C-3(Medium Commercial)zone. On March 7, 2016, the Planning Commission approved Conditional Use Permit 15-08 for a new Off-Sale Beer and Wine (Type 20) ABC license at a corner market located within the hotel, The Planning Commission Staff Report, Planning Commission Resolution 16-02, and Meeting Minutes are attached as Exhibits "B," "C," and "D," respectively. On June 1, 2016, the Planning Division was contacted by the California Department of Alcoholic Beverage Control (ABC) indicating that the license type must be modified to an On-Sale General Restrictive Service (Type 70) ABC license, which authorizes the sale or furnishing of beer, wine, and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy guests or their invitees. Apparently, through the State application process, the applicant and ABC had some miscommunication on the type of license needed to consume alcohol onsite. For this reason,the applicant is only requesting to modify their ABC license type. All business operations, security measures, and employee training measures will remain as approved by Conditional Use Permit 15-08. The Planning Division and Public Safety Department have no objection to this request. PC RESOLUTION 16-07 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 16-01 FROM AN OFF-SALE BEER AND WINE (TYPE 20) TO AN ON-SALE GENERAL RESTRICTIVE SERVICE (TYPE 70)ABC LICENSE AT A CORNER MARKET LOCATED WITHIN THE FAIRFIELD INN&SUITES BY MARRIOTT. THE SUBJECT SITE IS LOCATED AT 705 SAN GABRIEL BOULEVARD(APN: 5271-002-066) IN A C-3(MEDIUM COMMERCIAL)ZONE. Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 16- 07 with findings and APPROVE Modification 16-01 subject to the 21 conditions of approval outlined. City Planner Valenzuela presented the staff report and reported a copy of the revised Conditions of Approval for Modification 16-01 has been provided at the dais for the Planning Commission's review. Community Development Director Ramirez clarified that this applicant had recently appeared before the Planning Commission and explained that the only change being made is ensuring that the applicant may apply for the correct ABC license. She explained that the conditions of approval previously discussed have been incorporated but inadvertently the wrong ones were sent out. She noted that the correct ones were provided by email, a printed one at the dais, and uploaded to the City's website. City Attorney Murphy explained that a lot of discussion took place on why this was an Off-Sale ABC license when the guest would be consuming alcohol on-site at a previous Planning Commission meeting. He added there was miscommunication between ABC licensing and the applicant. He explained the type of license being requested is the appropriate one for the site, will eliminate the concerns the Planning Commission previously had, and Legal Counsel supports. Chair Lopez asked if the Planning Commission had any questions or comments for staff. Commissioner Tang asked for clarification between an Off-Sale ABC Type-20 and an On-Site Type-20 General ABC License. 2 City Planner Trinh replied according to the Department of Alcoholic Beverage Control a Off-Sale is any package store like a 7-Eleven where you can purchase alcohol and take it off-site to consume it. She explained an ABC Type-70, which Fairfield is requesting, is an On-Sale General ABC License and is for the sale of beer,wine, and distilled spirits for consumption on the premise, such as a hotel, so patrons can consume on-site. Commissioner Eng asked how that is different from a Type-41 ABC license, which is also for on-site consumption. City Planner Trinh replied that type is for restaurants. Chair Lopez stated for clarification that on-site consumption of alcohol means it will be allowed in the hotel and not be allowed off-site. He asked the following questions; 1) will alcohol be allowed to be consumed on the patio;2) is there a lobby where patrons will be able to sit and consume alcohol; and 3) if the same conditions of approval that had been previously approved will remain the same, Community Development Director Ramirez replied yes, and explained that allowing the consumption of alcohol on the patio was added and approved at the previous Planning Commission meeting. Chair Lopez asked if the Planning Commission had any further questions or comments for staff. None Chair Lopez opened the Public Hearing and invited the applicant to the podium. Amy Wu, Representative of Fairfield Inn apologized for the miscommunication and stated this just a change for the correct type of ABC license and once this is corrected they can move ahead with the next process. Chair Lopez asked if there were any questions for the applicant. None Chair Lopez asked if there was anyone from the public wishing to speak in favor or against this item, None Chair Lopez closed the Public Hearing and asked for a motion. Commissioner Tang made a motion, seconded by Commissioner Herrera, to ADOPT Resolution No. 16-07 with findings and APPROVE Modification 16-01 subject to the 21 conditions of approval outlined. Vote resulted in: Ayes: Eng, Herrera, Lopez,and Tang Noes: None Abstain: None Absent: Dang Community Development Director Ramirez stated the motion passes with the vote of 4 Ayes, 0 Noes, and 1 Absent. She explained the 10-day appeal process. B. CONDITIONAL USE PERMIT 16-03. 10 BEEZ, Inc. has submitted a Conditional Use Permit application, a request to establish an internet café use at 3927 Walnut Grove Avenue, Unit 117(APN: 5371-011-016). 3 The proposed project would not increase the floor area of the existing building. The project site is located in a C- 31D-0 (Medium Commercial with Design Overlay) zone. A Conditional Use Permit is required in order to establish an Internet café use in a C-3(Medium Commercial)zone. PC RESOLUTION 16-10 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 16-03, PERMITTING THE ESTABLISHMENT OF AN INTERNET CAFE USE AT 3927 WALNUT GROVE AVENUE, UNIT 117 (APN: 5371.011.016), IN A C-3/D-0 (MEDIUM COMMERCIAL WITH DESIGN OVERLAY)ZONE. Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 16- 10 with findings and APPROVE Conditional Use Permit 16-03, subject to the 29 conditions outlined. Associate Planner Hanh presented the staff report. Chair Lopez asked if the Planning Commissioners had any questions or comments for staff. Commissioner Eng asked how long the applicant has been operating this business and occupied the unit. Associate Planner Hanh replied the applicant applied for a business license on December 11, 2013. Commissioner Eng asked if the business license they obtained was for computer repair use. Associate Planner Hanh replied yes. Commissioner Eng stated staff indicated there have been nine(9)code violations from June 2015 to March 2016 and they are related to business license violations. She asked if there were any other type of code violations or are they all business license concerns. Community Development Director Ramirez explained that the staff report indicates that there were nine (9) code violations but the number of violations is currently up to eleven(11). Chief of Police Ignacio Somoano replied that they were all for not being business license compliant and basically for operating a business without proper authority. Commissioner Eng asked how these violations were discovered and if complaints were made. Chief of Police Somoano replied it was brought to their attention that this was an intemet café; it was open late at night, whereas, the City told them per their business license that they were a repair shop, so they should not have had customers going in and out. Commissioner Eng asked if there are any other interne(cafés in the City currently. Associate Planner Hanh replied this will be the only one if it is approved. Commissioner Eng stated she has done some research and Internet café businesses have evolved and they are now a gaming type of gathering place. She asked if there are currently any standards for internet cafés under the Municipal or Zoning Codes or how is it defined. Associate Planner Hanh replied yes and there is a specific section for this land use. 4 Commissioner Eng confirmed that there is a definition and asked Associate Planner Hanh what the definition is. Associate Planner Hanh read the definition to the Planning Commission. Commissioner Eng thanked Associate Planner Hanh. She stated according to the Staff Report the applicant has requested extended operating hours and used a gaming facility"Dreamlab Gaming" located in the City of Arcadia as a competitor and asked if this is the applicant's intended business. Associate Planner Hanh replied yes. Commissioner Eng asked if staff had the opportunity to confirm with the City of Arcadia to see if there have been concerns or issues they may have experienced with that Internet café. Associate Planner Hanh replied yes,staff did contact the City of Arcadia and no concerns had been noted. He stated staff was provided with a copy of the Conditional Use Permit, which specifies that the hours of operation are extended to 1:00 am daily. Commissioner Eng asked how long "Dreamlab Gaming"has been in business. Associate Planner Hanh replied he does not have that information. Community Development Director Ramirez stated in regards to the hours of operation, under the Rosemead Municipal Code, it gives guidelines for what the hours are and allows for extended hours based on the approval of the Community Development Director or Chief of Police. She added due to the current violations that the applicant has just received, if the Planning Commission does vote to approve this item they can always go back to the recommended hours in the Rosemead Municipal Code, see how they abide, and have them reapply at a later date for those extended hours. She explained this is not something that needs to be done this evening. Commissioner Eng asked what the current hours of operation are under the municipal code. Community Development Director Ramirez replied the hours are 8:00 am to 10:00 pm Sunday through Thursday and 8:00 am to midnight on Friday through Saturday. She stated the applicant originally requested 8:00 am to 1:00 am but the Chief of Police agreed to 8:00 am to midnight because minors should not be there after 10:00 pm without their parents. Commissioner Eng expressed that other internet cafés are throughout the County and asked the Chief of Police if there has been or what types of concerns has law enforcement encountered with this type of use. Chief of Police Samoan stated there is always a concern that an internet cafe can have illicit behavior such as gambling, and sexual type events taking place, being sold, or being seen on the computers. He stated this facility appears to be strictly gaming, based on all the inspections by law enforcement, and there have not been any fights or significant incidents. Commissioner Eng asked if this is a socialization type of gathering place. Chief of Police Samoano stated he believes this is a resource for these individuals to play specific games they want to, whether it is people from other countries,or whatever the case might be. Commissioner Eng referred to Condition of Approval number 19 and asked for clarification on why for every 20 machines a security guard is required. S Associate Planner Hanh explained this condition is part of the Zoning Code under the specific land use section. Commissioner Eng referred to Condition of Approval number 22 and asked if the City of Rosemead currently has a curfew for minors. Community Development Director Ramirez replied yes and explained it is state law that minors must be with adult supervision after 10:00 pm and there may be exceptions, which the Chief of Police can explain. Chief of Police Somoano explained the general guidelines for curfew violations are that minors are not just roaming or wandering about, so if there is special travel to specific designations then there usually is no violation. He added this is part of the Municipal Code and he supports this. Commissioner Eng read Condition of Approval number 24 and requested that the front doors be included into this condition. City Attomey Murphy asked staff if the front doors were made of glass. Associate Planner Hanh replied yes. City Attorney Murphy suggested Condition of Approval state, No window(s) or glass door(s) shall be obstructed, tinted,or otherwise covered during business hours". Commissioner Eng referred to Condition of Approval number 25 and asked what the square footage of this unit is. Associate Planner Hanh replied approximately 1008 square feet. Commissioner Eng asked if they are required to provide a seating area because the 25 machines will occupy more than 25%. Associate Planner Hanh replied yes. Commissioner Eng asked if the configuration of the site plan is permanent or is the applicant able to change it. Associate Planner Hanh asked if she is referring to the site plan or the floor plan. Commissioner Eng replied the floor plan or the way the terminals are currently configured. Associate Planner Hanh stated this was proposed by the applicant but part of the floor plans are requirements made by the fire department. He added potentially it can be changed but this is what has been proposed. Commissioner Eng asked if the applicant is present this evening. Associate Planner Hanh replied yes. Commissioner Eng referred to Condition of Approval number 27 regarding the security plan and noted that this is the first facility of this type in the City so it is important that City and Public Safety has the ability to require modification to securely plan to correct and address any willful concerns that arise. She asked the City Attorney for his advice on terms to better that condition of approval. City Attorney Murphy stated the first sentence would remain as is and a second sentence would be added to state: "Should the need arise the Community Development Director and Chief of Police are authorized to require 6 modifications to approved security plan'. He explained that way it is a cooperative activity between the City and the Sheriffs office. Commissioner Eng referred to Condition of Approval number 29 referring to all outstanding violations, which are currently up to number 11, and added if the Planning Commission is to approve this item she recommended a time frame be imposed to resolve all code violations. She recommended this be discussed so that the applicant may have a clean slate. She referred to the Security Plan items numbers 5, 8, and 9, and added that she is fine with number 5 due to there are time regulations in place. Her concerns are with numbers 8 and 9 which seem vague to her,and asked the City Attorney if there was a way to expand on these two conditions so there may be more clarity. She read both conditions and stated she does not know what the City regulations are regarding on-line gambling, sexual exploitation, and recommended a municipal code section or any specific type of activity, so that it can be enforced for any type of violation of the conditions of approvals. Community Development Director Ramirez recommended Security Plan number 5 also be reworded even though Commissioner Eng is alright with it, because it states, "with current established City regulations' and it should actually be stated "conditions of approval". She added in regards to numbers 8 and 9, and because this can appear in multiple places in the Municipal Code, it can be reworded to state, "will not permit any forms of on-line gambling as stated in the Rosemead Municipal Code'. She added that way it is very clear that it is the City's code. City Attorney Murphy recommended it state: "I 0 Beez will not permit any form of on-line wagering that violates federal, state, or municipal law". He explained he wants to separate wagering from gambling because from time-to- time people can make pride bets or do fantasy football for a trophy but not for money. He stated the same thing can be worded for number 9: "I 0 Beez will not permit any form of sexual exploitation that violates federal, state, or municipal law". He recommended this is a good broad definition and catches all three levels. Commissioner Eng stated she would just like to make sure that it is enforceable if it is challenged. Community Development Director Ramirez asked Commissioner Eng if she would like Security Plan number 5 changed to"Conditions of Approval"also. Commissioner Eng replied yes. City Attorney Murphy stated in regards to Security Plan number 9, after Commissioner Eng brought it up he knows there is gameplay where people choose Avatar's that one might find it exploitive and one might not, so to the extent that the Avatar does not violate either federal,state, or city law, then it is not going to be regulated; whereas, pornographic content is clearly regulated. Commissioner Tang referred to Condition of Approval number 22,which states"Patrons that appear under the age of twenty-five (25) shall present proper identification to verify their age before using the facility". He stated his understanding of a minor is anyone under the age of 18 and asked how the number of 25 came about. Associate Planner Hanh replied that is the number that was used in the Zoning Code, Community Development Director Ramirez explained that this is very common and added if you go into a liquor store or restaurant it is normally posted that if you look under 25 they will card you,so as not to offend anyone. Commissioner Tang asked if a Public Safety officer conducted an inspection, would they be able to ask for identification of a potential minor and could it be possibly a violation of the conditions of approval. Chief of Police Somoano replied he believes so, but does not know how the City Ordinance reads. He added just like when they come into contact with someone with alcohol or cigarettes, they can ascertain as an investigation with 7 probable cause as to their age. He stated they are generally able to check. If there is no compliance, then they will note that as violation. Commissioner Tang asked staff to clarify how many computer terminals will bean site. Associate Planner Hanh replied the applicant is proposing 25. Commissioner Tang referred to the Rosemead Municipal Code parking space requirements for shopping centers and asked for clarification on the requirements. Associate Planner Hanh explained that when the shopping plaza was built, and approved originally, the parking was established for each of the units already. He added the applicant meets the parking requirements based on what had originally been approved since the use is not changing to anything that requires specific parking requirements. Commissioner Tang asked how many parking spaces are on that site. Associate Planner Hanh replied there is a total of 153 parking spaces, which includes ADA parking spaces. Commissioner Tang asked what other business establishments are in that shopping center. Associate Planner Hanh replied there are restaurants, offices,and retail. Commissioner Tang referred to the 11 code violations the applicant has accumulated and asked Chief of Police Somoano if the City had a code or a three strikes policy of any kind where they are told they cannot operate unless appropriate licenses are obtained. Chief of Police Somoano replied he would have to defer this to staff as he does not know if there had a conditional use permit that could have been revoked. He stated their next action is to work with the City Attorney to do some sort of cease to desist or some kind of court order. He explained the citations were spread out over a 2 year period, there were no other major incidents such fighting, and most of the citations have been paid. Commissioner Tang asked when the applicant officially submitted their application Associate Planner Hanh replied it was March 15, 2016. Community Development Director Ramirez stated this does get a little more complicated because the applicant was telling staff that they did want to become legal, so staff was working with Code Enforcement telling them the applicant has contacted them they are going to submit, and finally the applicant submitted. She added that Code Enforcement works with applicants when they are working along with staff to be accommodating, but it does not mean they will not get citations if they are operating or doing something they are not supposed to. She stated that normally if the applicant is not working with staff or not complying, then after so many citations they would have gone with the City Attorney and had the business shut down. Commissioner Tang stated his concern is the number of violations and the continuance to ignore the City's Municipal Code. He asked City Attorney Murphy if there was any language in terms of conditions of approval or conditional use permits that restricts the number of violations they would have to cease their operation. He asked could a condition of approval be added given the level of history that has been with this business. City Attorney Murphy replied he does not recommend it and he recommended that if the Planning Commission approves this, it would be to give staff direction to monitor the operations and not be patient to begin revocation 8 proceedings if the applicant is found to violate the business license or Conditional Use Permit. He explained if the violation is serious enough, then the revocation process can be made quickly. Community Development Director Ramirez explained that if the applicant violates the set hours of operation, it will take time for staff to build a case; and staff could not just revocate. She stated staff will have to follow the revocation guidelines. Commissioner Tang asked if staff had contacted other internet establishments similar to this one and asked what their hours of operation are. Associate Planner Hanh replied Monterey Park allows the hours of Monday through Thursday 6:00 am to 1:00 am and Friday through Sunday 6:00 am to 2:00 am. He stated El Monte states that if they are close to residents they close at 10:00 pm, and in Arcadia it is 1:00 pm to 1:00 am. He stated that it varies with the surrounding cities, they require conditional use permits,and it also depends on how they approve the conditional use permit. Community Development Director Ramirez addressed the Planning Commission and clarified that the City's Code does not allow internet cafe's within 500 feet of each other. If another one wanted to come in. it would not be able to unless it is 500 feet from this one. Chair Lopez asked if there were any further questions for staff. None Chair Lopez opened the Public Hearing and invited the applicant to the podium. Mitchell Tsai stated he is an attorney based in Pasadena and is present on behalf of I 0 Beez. He stated he and the applicant are present to answer any questions the Planning Commission may have. He thanked everyone for taking the time to help them and stated staff has been very helpful in working out this application and process. He explained that his applicant did submit an application but they are new immigrants that are unfamiliar with the municipal process, so they had difficulty getting drawings together and getting their business together. He added they hired him to help them put together the application and legalize their operation. He stated he understands that all the previous violations have been resolved, fines are paid, and they would like to move forward with the conditions of approval. He stated the applicant is agreeable to all of the conditions that have been suggested and would like to move forward and legitimately run their business. He referred to the recent violations, his understanding is that they do attend to the shop in the late evenings to do maintenance work on the computers and they did have some friends over. He added whether this is a violation of their business license is a factual situation that needs to be determined, and they did shut down after the recent violation of two months ago pending the outcome of this application process. He added the applicant would love the chance to move forward. Chair Lopez asked the Planning Commission if there were any questions for the applicant. Commissioner Eng thanked the applicant for attending and asked when the applicant obtained Mitchell Tsai's service as an attorney. Mitchell Tsai replied they obtained his services about 6 months ago after they obtained a citation. Commissioner Eng stated the original business license that the applicant applied for was computer repair and asked if they had ever done computer repair. Mitchell Tsai replied yes. 9 Commissioner Eng asked if that will continue as part of their business. Mitchell Tsai replied yes. Commissioner Eng stated that there is not an area shown on the site plan where computer repair will take place. Associate Planner Hanh replied there is a service area on the floor plan. Commissioner Eng stated that's a reception area. Mitchell Tsai clarified that the repair work is on the computers and generally use 2 to 10 of those computers for graphic and website design work that has been on-going. He added they are just beginning to rent out computers that they are not using to allow people to use them for gaming. Commissioner Eng stated it is being proposed that there will be 25 terminals, it is being suggested that not all 25 will be used for gaming,and some will be used for the web design business. She asked if that is correct. Mitchell Tsai replied yes. He explained that this is a downgrade from the previous 30 terminals because there was a need to increase space to come into compliance with the fire codes. Commissioner Eng asked what is the target market, audience,or ages for this business. Mitchell Tsai replied their customers ages run between 16 to 28 years of age. Commissioner Eng asked prior to this business, does the applicant have experience running an Internet café. Mitchell Tsai replied this is their first one, which explains some of the difficulties they had with this application. Commissioner Eng asked what the busiest time for this business is. Mitchell Tsai replied it is approximately 8:00 am to 11:00 pm. Commissioner Eng asked what the average amount of time customers come in and play is. Mitchell Tsai replied customers are usually there for 2 to 3 hours. Commissioner Eng asked how customers are charged for use, is it based on time. Mitchell Tsai replied it is charged by time.. Commissioner Eng asked why the applicant picked the City of Rosemead for this business and how this type of business will benefit the City. Mitchell Tsai explained that this is area underserved for this type of business and that is why the picked the City of Rosemead. Chair Lopez asked if there were any further questions or comments. None Chair Lopez closed the Public Hearing. 10 Commissioner Eng stated she has a follow-up question and referred to how the computers are located next to each other on the site plan and asked if it is practical way to be set up for interactive play, can it be configured a different way, or is how they are typically set-up. Mitchell Tsai explained that if you go into a Internet café you typically will see the same arrangement where the computers are set-up next to each other. Commissioner Eng asked if this is the customary way they are generally set-up. Mitchell Tsai replied yes, it is usually rows of computers adequately spaced in between each other with a waiting room in front. City Attorney Murphy explained with the requirement for headsets often times there is a microphone in the headsets and that is how they wind up interacting with each other. Commissioner Tang asked if the peak hours for this business are mostly on the weekdays or is it also the same on the weekends. Mitchell Tsai replied the peak hours are mostly on Thursday, Friday,and Saturday. Commissioner Tang asked if they are requesting the hours of operation to be 8:00 am to midnight daily. Mitchell Tsai replied yes,and explained that is the standard business hours for this type of business. Chair Lopez closed the Public Hearing. Commissioner Eng asked staff if all the violations had been resolved. Community Development Director Ramirez replied no, they have not all been paid. Chief of Police Somoano explained that not all of the violations have been paid. He stated 6 of the violations have been paid and the rest were recently issued so there has not been any activity. Commissioner Eng asked if the violations were primarily based on fines. Community Development Director Ramirez replied yes and they are about$1,000.00 dollars each. City Attorney Murphy explained when you have code enforcement violations you will start out with a lower amount and work your way up. He added so when you have multiple violations at the highest level, it can be referred to the City Attorney's office to bring out civil or criminal action or you can continue to do administrative fines. He stated as the Community Development Director stated, it was the administrative fines route that was chosen. He stated it is fairly standard and referred to Condition of Approval number 29, which is reasonably standard, and explained often times you have code violations on homes or business properties that have to be fixed before you can move forward on a conditional use permit. He added the Planning Commission asked about a time frame and he is thinking of a time frame that is fair. Community Development Director Ramirez stated there is a time frame and it has to be done before occupancy permits. Commissioner Eng stated she supports this business concept, there are not enough businesses or services for the youth in this City, and this is an opportunity to provide them with that. She expressed that because she is a parent with a gamer child she can see the draw to this type of business, and as a Planning Commissioner she would like to provide more activities for youth so that the City may have something to offer to them. She stated she understands that the bulk of the violations are business license related and the applicant may not of understood the process because of the language barrier, but she does not want to see them adding on to the violations. She would like to give the applicant some breathing room to be able to pay for the violations, but she would like to see that closed out so that they may move forward and be legitimate. She explained these violations came forward because residents complained and because this is a commercial center perimeters should be set-up. She stated there are a few restaurants in this area and because of the peak hours parking can be restrictive. The applicant's attorney has assured the Planning Commission that there will not be 25 people and that half of the terminals are for their graphic design business. Community Development Director Ramirez stated the complaints that have come in actually outlined a number of concerns,which were never found such as: prostitution and gambling. She added the only thing that has been found is that they were conducting a business without a business license. She stated that has been their only fault and as far as the fines go from staffs perspective, if occupancy permits is given before they pay fines it becomes so much harder for them to collect. She stated they knew they were open when they shouldn't be and that was very clear. She added they knew they were going to be penalized, so from staffs perspective they need to pay those fines prior to obtaining that occupancy permit and it will show good faith on their part that they do want to be a partner with the City. She stated as far as any other of those complaints, they have not found or proven anything and precautions have been taken to prevent them. Commissioner Eng asked if the applicant currently has video surveillance cameras. Associate Planner Hanh replied that question can be deferred to the applicant. Mitchell Tsai replied yes there is a security camera installed on the premises but it will have to be moved to comply with the security plan that the Chief of Police has reviewed. Commissioner Eng addressed Mr. Tsai and stated staff has proposed that all code violations be resolved prior to receiving occupancy permits and asked if the applicant is willing to comply. Mitchell Tsai replied I 0 BEEZ is ready to pay the fines before the occupancy permit is issued. Commissioner Eng asked how much time they will require. Mitchell Tsai replied 30 days would be reasonable. Commissioner Herrera asked if there are more violations in the future what the consequences will be. Community Development Director Ramirez replied that the only violation is being open and doing a business they shouldn't be doing. She stated hopefully this process will deter further violations and if more are given, then the process would start over. City Attorney Murphy asked the Planning Commission if they would like the requested hours of operation to be set at 8:00 am to midnight daily, or do they want to go with the Municipal Code hours of 8:00 am to 10:00 pm Sunday through Thursday and 8:00 am to midnight on Friday and Saturday. He added that other hours of operation may be set up also if they wish. 12 Chair Lopez stated that based on the Chief of Police comments, he has no objection to the requested hours of operation of 8:00 am to midnight daily. Commissioner Eng stated she supports the requested hours of operation of 8:00 am to midnight daily. Commissioner Tang stated he generally supports the requested hours of operation and recommended that it be highlighted to ensure the monitoring of the condition of approval in regards to addressing minors especially during the late hours. Commissioner Herrera stated she supports the requested hours of operation. City Attorney Murphy stated the changes and recommendations are as follows: 1) Change Condition of Approval number 24 to " No window(s) or glass door(s) shall be obstructed, tinted, or otherwise covered during business hours" 2) A change to Condition of Approval number 27 to allow the Community Development Director or Chief of Police to modify the Security Plan, and 3) A change to the Security Plan itself item number 5 to say "in accordance with the Conditional Use Permit conditions of approval', and the changes that were read into the record to Security Plan numbers 8 and 9 to reference State, Federal, and Municipal law. He added the recommendation would be that the Planning Commission adopt the Resolution 16-10 with findings and approve Condition of Approval 16-03 subject to the 29 Conditions of Approval outlined as modified on the record. Community Development Director Ramirez asked if the applicant understand the changes and agrees with them. Mitchell Tsai replied yes the applicant understands and agrees with them. Chair Lopez requested a motion. Commissioner Eng made a motion, seconded by Commissioner Herrera, to ADOPT Resolution No. 16-10 with findings and APPROVE Conditional Use Permit 16-03, subject to the 29 conditions outlined. (Modifications to Conditions of Approval numbers 24 and 27 were made by the Planning Commission on 6- 20-16 and Modifications were also made to Security Plan numbers 5, 8,and 9). Vote resulted in: Ayes: Eng, Herrera, Lopez, and Tang Noes: None Abstain: None Absent: Dang Community Development Director Ramirez stated the motion passes with 4 Ayes, 0 Noes, and 1 Absent and explained the 10 day appeal process. C. MODIFICATION 15-01 - Robert Kelley of U-Haul has submitted a Modification application requesting to modify Design Review 86-18 for the exterior facade renovation of an existing U-Haul. In addition, the applicant is proposing to remove and replace an existing freestanding sign along the southeast corner of the lot. The intent of this modification is to reimage the existing U-Haul to match the new, more contemporary corporate facade designs and signage. A Design Review is required for all improvements requiring a building permit or visible changes in form, texture, color, exterior facade or landscaping. The subject site is located at 3527 Ivor Avenue(APN: 5390-018-033)in a C-31D•O (Medium Commercial with Design Overlay)zone. PC RESOLUTION 16-09 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 13 ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 15-01, PERMITTING THE EXTERIOR FACADE RENOVATION OF AN EXISTING U-HAUL AND THE REMOVAL AND REPLACEMENT OF THE FREESTANDING SIGN. THE SUBJECT PROPERTY IS LOCATED AT 3527 IVAR AVENUE (APN: 5390-018-033), IN THE C-31D•O (MEDIUM COMMERCIAL WITH DESIGN OVERLAY) ZONE. Staff Recommendation • It is recommended that the Planning Commission ADOPT Resolution No. 16- 09 with findings and APPROVE Modification 15-01, subject to the 21 conditions. City Planner Valenzuela presented the staff report. Chair Lopez asked the Planning Commission if there were any questions or comments for staff. None Chair Lopez opened the Public Hearing and invited the applicant to the podium. Robert Kelley, Representative of U-Haul Moving and Storage thanked the Planning Commission for taking the time for consideration of their project and if they have any questions he is available to answer them. Commissioner Eng asked if U-Haul was updating all of their facilities. Robert Kelly replied they have been doing a lot of upgrades and moving forward with this design. He added this particular design has been approved by their company's CEO of this company and you can see this design throughout areas of Southern California. Chair Lopez asked if there were any further questions or comments. None Chair Lopez closed the Public Hearing. He asked if there were any further comments or questions. None Chair Lopez requested a motion. Commissioner Tang made a motion,seconded by Commissioner Herrera,to ADOPT Resolution No. 16-09 with findings and APPROVE Modification 15-01,subject to the 21 conditions. Vote resulted in: Ayes: Eng, Herrera, Lopez, and Tang Noes: None Abstain: None Absent: Dang Community Development Director Ramirez stated the motion passes with a vote of 4 Ayes, 0 Noes, and 1 Absent, and explained the 10 day appeal process. D. DESIGN REVIEW 16-03 — Kyle Vong and Julie Chan have submitted a Design Review application, requesting to construct additions to an existing single-family dwelling unit, located at 9315 Rose Street 14 (APN: 8592.014-062). The proposed total floor area of the dwelling unit is 3,086 square feet. Any addition to a dwelling unit in which the total floor area with the addition equals or exceeds 2,500 square feet of developed living area (floor area) shall be subject to a Discretionary Site Plan and Design Review.The project site is located in a R-1 (Single-Family Residential)zone. PC RESOLUTION 16-08 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 16- 03, PERMITTING ADDITIONS TO AN EXISTING SINGLE-FAMILY DWELLING UNIT IN WHICH THE TOTAL FLOOR AREA WITH THE ADDITION EQUALS 3,086 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 9315 ROSE STREET(APN: 8592-014-062), IN A R-1 (SINGLE-FAMILY RESIDENTIAL)ZONE. Staff Recommendation • It is recommended that the Planning Commission ADOPT Resolution No. 16- 08 with findings and APPROVE Design Review 16-03,subject to the 23 conditions outlined. Associate Planner Hanh presented the staff report. Chair Lopez asked if there were any questions or comments for staff. Commissioner Tang commented to staff on the mechanical elements and stated he likes the section where they described the air conditioning unit and tank less water heater. He added if Commissioner Dang was present he would appreciate that. Chair Lopez asked if there were any other questions or comments. None Chair Lopez opened the Public Hearing and invited the applicant to the podium. Enrique Alvarez, President of A.D. Studio's, Inc. thanked the Planning Commission for all their attention. He stated that as shown in the picture of the staff report it will be a great improvement, has read and understands all the conditions of approval, and accepts them. Chair Lopez asked if there were any questions or comments. Commissioner Eng asked what the inspiration for their design was. Enrique Alvarez replied it was the desire for the client to have a better home. He explained they obtain a wish list from the client and work from that. Commissioner Tang stated he likes the colors that have been selected and the home will have a nice contemporary look. He asked if this is going to be a completely demolished project and building back up from the ground. Enrique Alvarez replied it is a rebuild project. Chair Lopez asked if there were any other questions or comments. None Chair Lopez closed the Public Hearing and asked the Planning Commission if there were any further questions or comments. 15 None Chair Lopez asked for a motion. Commissioner Tang made a motion, seconded by Commissioner Herrera, to ADOPT Resolution No. 16-08 with findings and APPROVE Design Review 16-03,subject to the 23 conditions outlined. Vote resulted in: Ayes: Eng, Herrera, Lopez, and Tang Noes: None Abstain: None Absent: Dang Community Development Director Ramirez stated the motion passes with a vote of 4 Ayes, 0 Noes, 1 Absent, and explained the 10 day appeal process. 4. CONSENT CALENDAR A. Minutes of 4-18-16 B. Minutes of 5-16-16 Commissioner Eng made a motion to defer the Consent Calendar to the next Planning Commission meeting to be held on Monday, July 18,2016. Commissioner Eng had two corrections to page 6 of the PC Minutes of 4.18-16. Vote resulted in: Ayes: Eng, Herrera, Lopez,and Tang Noes: None Abstain: None Absent: Dang 5. MATTERS FROM STAFF Community Development Director Ramirez announced the date, time, and location of the 4th of July Celebration, including parade,carnival, and firework display. She also announced the date, time, and locations of the Concerts in the Park. 6. MATTERS FROM THE CHAIR 8 COMMISSIONERS Chair Lopez referred to 9024 Whitmore Street and stated there is a new house being built there and expressed concerned because the back wall has constantine wire laced all away around it. He asked if it is allowed, and explained that constantine wire is razorblades and very dangerous. Community Development Director Ramirez stated it is not allowed anywhere in the City and staff will check on that. Commissioner Tang stated it has been a great year as Chair on this Planning Commission and it has been a delight and pleasure to share this Commission with his colleagues. He added he has had good dialog, good support, and good calibration and engagement. He stated he is happy to hand over the gavel to the new Chair Daniel Lopez. 16 Chair Lopez thanked Commissioner Tang and stated it is an honor to work with the Planning Commission. 7. ADJOURNMENT The next regular Planning Commission for Monday, July 4,2016 will be cancelled due to lack of quorum. The next regular Planning Commission will be held on Monday, July 18,2016 at 7:00 pm in the Council Chambers. Danie open ' de Chair ATT Rachel Lockwood Commission Secretary 17