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PC - Minutes - 09-19-16 Minutes of the PLANNING COMMISSION MEETING September 19, 2016 The regular meeting of the Planning Commission was called to order by Chair Lopez at 7:00 pm in the Council Chambers, 8838 E.Valley Boulevard. PLEDGE OF ALLEGIANCE-Chair Lopez INVOCATION-Commissioner Eng ROLL CALL-Commissioners Eng, Herrera,Tang, and Chair Lopez ABSENT-Vice-Chair Dang STAFF PRESENT: City Attorney Murphy, Community Development Director Ramirez,Associate Planner Hanh, and 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. CONDITIONAL USE PERMIT 16-07 • Boiling Seafood Wok Inc. has submitted a Conditional Use Permit application to operate a bona fide public eating establishment with a new On-Sale Beer and Wine(Type 41) ABC License at 7940 Garvey Avenue, Unit #108-109 (APN: 5284-027-026 and 5284-027-024). A Conditional Use Permit shall be required for any business that sells alcoholic beverages for on-site or off-site consumption.The proposed project would not increase the floor area of the existing building or business. The project site is located in a C-3 and R-2 (Medium Commercial and Light Multiple Residential)zone. PC RESOLUTION 16-17 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 16-07, PERMITTING A NEW ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING ESTABLISHMENT AT 7940 GARVEY AVENUE, UNIT#108-109(APN: 5284-027-026 AND 5284-027-024), IN A C-3 AND R-2 (MEDIUM COMMERCIAL AND LIGHT MULTIPLE RESIDENTIAL)ZONE. Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 16- 17 with findings and APPROVE Conditional Use Permit 16-07,subject to the 36 conditions. Associate Planner Hanh presented the staff report. Chair Lopez asked if there were any questions or comments for staff. Commissioner Eng asked staff where two of the six(Type 41)ABC Licenses are located. 1 Associate Planner Hanh replied "Pho Filet 2' is located to the South of San Gabriel Boulevard and "Jade Seafood Restaurant' is on Garvey Avenue. Commissioner Eng asked if in this particular strip mall area is there any other food establishment with a (Type 41) ABC license. Associate Planner Hanh replied this will be the only restaurant with alcohol. Commissioner Tang asked what have been the interactions with Code Enforcement officers with this establishment. Chief of Police Ignacio Somoano stated that on August 5th, Officer Co from the Code Enforcement team was following up on a report that alcohol was being consumed inside the establishment when they did not have an ABC license. He added on August 16th, several Code Enforcement officers conducted an inspection and they did not find any violations inside the established restaurant, but they found Unit 107, which they later associated it with the restaurant, evidence that alcohol was being consumed with meals from this establishment. He stated there was some discrepancy from the property owner in regards to who was using that unit, the restaurant or someone else. He stated based on Public Safety's information and investigation they believe it was the restaurant. He stated after the incident on August 16th they did not find any other violations with the property. Commissioner Tang asked if the establishment has been cooperative in addressing that matter because the staff report shows they received another citation on September 8th. Chief of Police Ignacio Somoano replied they did receive another citation on September 8n, but it was tied to the first inspection and based on the inspection conducted on the August 16th. He explained that Officer Co worked with the property owner/management to verify whose unit it was, and if it had a business license. Based on the investigation, there was no business license and they were cited for two different code violations regarding Unit 107. He stated since then there have been a couple of follow-up investigations and the restaurant itself was not found in violation. Community Development Director Ramirez stated that is why in adding the condition of approval that Associate Planner Hanh spoke of staff is saying they will have to do a final inspection to make sure everything is cleared up. She added the owners of the restaurant have claimed that they are not the ones that are using it. The property owner will now have to provide information on who is actually leasing it, so that staff can go after them. She explained that is why that condition is in there and staff recommends that it continue to be in there, so that way before the ABC License is signed off everything is verified and up to code. Commissioner Tang stated just for clarification the Planning Commission is only looking at this business establishment as it is located on Unit 108-109 Community Development Director Ramirez replied that is correct. Commissioner Tang asked if they were to operate in Unit 107 do they have to modify their application. Community Development Director Ramirez replied that they can only operate in Units 108-109, and if they want to switch and use Units 107-108 that would have to be worked out. She stated as of now only Units 108-109 can be used for the operation of the restaurant and would only be the ones given the ABC License. Chair Lopez referred to Unit 107 and asked why staff suspects that it is being used for storage. He asked if the property owner has allowed them permission or has that been clarified. Community Development Director Ramirez stated Unit 107 was the one that Code Enforcement caught food being served as well as alcohol being served in there. She stated there is another unit, which is Unit 106, where Code 2 Enforcement found being used as storage. She stated there are actually two units that staff needs to get cleared Units 106 and 107. Chair Lopez asked if there was any clarity on whether the restaurant is actually using it or is there proof that they are not. Community Development Director Ramirez stated the owners can be asked to clarify this when they are requested to speak at the podium. She added if they are not the ones leasing it, then they will have to provide a letter from the property owner stating that and who is actually operating it. She stated then they will adjust the citation appropriately and address this with the person that is using the unit illegally. Chair Lopez stated with this uncertainty will the Planning Commission still vote to approve this item. Community Development Director Ramirez yes, because staff has put a condition of approval that will allow staff to do that. Commissioner Tang stated Units 106-107 had been looked into as a violation, but when it states that alcohol and food had been served, he asked if they were a bono-fide restaurant already. Community Development Director Ramirez replied no, they just had tables and chairs, and people were eating and drinking in there. Chief of Police Ignacio Somoano explained that suite is converted into three (3) separate rooms and when they walked in, they inspected the restaurant and the two units that is the established restaurant, and they didn't see any violations. He said on the perimeter they saw what appeared to be an employee from the restaurant go to Unit 107, so upon inspection of Unit 107 they found menu's to the restaurant, food from the restaurant, and alcohol from the restaurant. He added someone is trying to allege that it's not the restaurant that is serving it but someone else is bringing it over. He reiterated that they did see menus, food, and alcohol from the restaurant and that is why the citation was issued. Commissioner Eng asked if the business license indicates which units the restaurant occupies. Associate Planner Hanh replied they are Units 108-109 Commissioner Eng stated they submitted an application in July for a (Type 41) ABC License and asked if they had applied for it or was this as a result of receiving a citation for a code violation. Associate Planner Hanh replied there were no violations for alcohol before they applied for the (Type 41) ABC License. Commissioner Eng confirmed that they had come in on their own for the ABC license. Associate Planner Hanh stated that is correct. Commissioner Eng asked if in this census tract is there any data to alcohol related issueslproblems. Chief of Police Somoano replied he does not have any. He stated as far as related to restaurants or establishments there is not usually a problem in this area. He stated because of the abandoned auto auction and properties in the area there is a transient problem dealing with alcohol but he is not aware of disturbances or directly related alcohol issues at dining establishments in this area. 3 Commissioner Eng asked even though there is overconcentration in this area there is not any data or information that indicates that it can be a problem. Chief of Police Somoano replied that is correct, not from a restaurant. Chair Lopez stated there seems to be some confusion with the two rooms and asked staff why it hasn't been established who is using one of the rooms. Associate Planner Hanh replied that Unit 106, which is the unit that is suspected of being used for storage by the restaurant, has a business license for that unit as a CPA Tax/Accounting office. Staff did verify that a CPA is operating there but it did look like a portion was being used as storage for the restaurant. Chair Lopez asked if the CPA office had been asked if they are allowing the restaurant to use their office for storage. Associate Planner Hanh replied staff visited the site and during that visit he asked an employee from the restaurant exiting the CPA office if they were using that unit as storage. Their response was that the storage was not for the restaurant. Chair Lopez stated so they are establishing this as their own storage and asked about Unit 107. Chief of Police Somoano stated that property owner claims that Unit 107 was rented out by an Association for group meetings. He stated based on their inspection of it,and the photographs, it appears that the place is being used as a dining or restaurant type facility. Chair Lopez asked if it is being used for group gatherings. Chief of Police Somoano stated there are tables with chairs that are consistent with the restaurant, but you can also hold meetings in there. He reiterated that they did find menu's inside from the restaurant and that it does look like it has been used for private dining parties. Chair Lopez asked if with the type of permit that Unit 107 may have is allowed to have alcohol while renting out this unit for meetings. Associate Planner Hanh replied a business license was not issued to an association for meetings in Unit 107, any citations related to this unit will have to be issued to the property owner, and he will have to pay for them. He added alcohol is not permitted. Community Development Director Ramirez stated this application was ready to be presented to the Planning Commission, so staff did not want to hold this up, but there is some additional proof that the applicant will have to provide to staff or the property owner before the ABC license can actually be issued as related to Units 106-107. She added if the property owner submits a letter to staff stating who those two units are being leased too and they come in and apply for their business license,then everything will be great. She added,then staff may sign off the permit for the ABC license. Chair Lopez asked if the Planning Commission is taking any action on Units 106-107. Community Development Director replied the Planning Commission is not doing anything with Units 106-107, this is just for Units 108-109 with the condition that all the citations are cleared. Chair Lopez asked if there were any further questions. 4 None Chair Lopez opened the Public Hearing and invited the applicant to the podium. Jinsheng Zhang applicant and Ids Nieh(interpreter)stated they may answer questions. Chair Lopez asked if there were any questions for the applicant. None Chair Lopez stated at this time this meeting is to approve the Conditional Use Permit 16-07, and asked the applicant if they understand that the City is requiring them to clear up the citations they have before this is approved. Iris Nieh replied they have received the conditions of approval, reviewed them, and agrees to all of them. Brian Lewin, resident stated he is opposes this item. He expressed he is a little more comfortable knowing that high crime incidents are not tied into restaurants serving alcohol, but he is uncomfortable with alcohol uses being in higher crime areas. He requested this item not be approved at this time and brought back at a later date once it is established that they are not using Unit 107. He also recommended that a condition of approval be added to clearly establish they are not operating Unit 107 and also adding a condition of approval stating if there are any future violations of this nature may result in immediate revocation of the conditional use permit with no questions asked. Commissioner Herrera asked if there are any penalties. Community Development Director Ramirez replied it is not that easy to process a revocation and cannot just be put in there. She explained there is due process that has to be followed and it is outlined in the City's Municipal Code. Commissioner Herrera asked if there is a penalty for what the applicant has already done. Community Development Director Ramirez replied yes they have been cited and fined. Commissioner Herrera asked if it was a substantial fine. Community Development Director Ramirez replied she does not have that information, but the fine is based on what the Municipal Code allows. She explained that staff agrees with what was said earlier and if the Planning Commission approves this item the applicant will still need to provide proof before staff approves the ABC license. She stated the City is very business friendly, but to make the applicant wait and come back when all they will be doing is showing the proof to the Planning Commission verses staff. She added staff is going to protect the community,the residents, and will make sure to get that proof before signing off for the ABC license. She stated the applicant is aware of that and knows how serious staff is. Commissioner Tang asked if this resolution gets approved, the applicant is granted their ABC license, and the applicant clears all their citations, can they be given another citation a year from now if they are in violation of using Units 106-107 again. Community Development Director Ramirez replied yes, they will receive violations for not only that, but also for violating the conditional use permit. She explained they would receive two violations because the ABC license is only for Units 108-109. Commissioner Tang asked if there is a penalty if they operate outside of their location that has been approved. 5 Community Development Director Ramirez replied yes, and explained that is how you build a case for the revocation process to take place. She stated you need to give the applicant a chance to cure whatever they have done wrong. City Attorney Murphy stated Community Development Director Ramirez has covered this item very well and stated he will answer any specific questions if the Planning Commission had any. Chair Lopez asked if there was anyone else wishing to speak on this item. None Chair Lopez closed the Public Hearing. He asked the Planning Commission if there were any further questions for staff. Commissioner Eng asked which census tract is District 0533. Chief of Police Somoano replied this is in the furthest West reporting district in the Sheriffs 0532 so 0533 is just to the East. He stated San Gabriel Boulevard is the divider and everything West of San Gabriel Boulevard is Reporting District 0532, Commissioner Eng asked if Chief of Police Somoano had any information as to whether or not the crimes in that area are alcohol related. Chief of Police Somoano referred to the staff report and stated in Reporting District 532 there were 25 related incidents, the Reporting District to the East 533 there were 54 reported alcohol related incidents. He added these are not just dealing with bars, it is anything alcohol related such as DUI's, drunk in public, and open container. He stated Reporting Districts 0530 and 0531 are North of the 10 Freeway and they show 18 and 11 incidents. He stated Reporting District 0534 which is East of Walnut Grove shows 21 incidents. Commissioner Eng commented as a City there is a need to reach out and educate the business community in terms of the City Municipal Codes and City requirements. She added the reason codes are in place is for the welfare and safety of all and moving forward hopefully there will be assertiveness in education the public. She explained currently the Area Watch Committee is discussing property maintenance at their meetings and recommended putting more investment into this and reaching out to the community. Community Development Director Ramirez stated that is a great idea and she will speak with the City Manager to see how that can be done,whether it be social media or targeting one area at a time sending out newsletters. Commissioner Eng stated in terms of social media it should be kept in mind that maybe a lot of businesses may not use it. Community Development Director Ramirez stated the Municipal Codes from the residential point of view should be available. She added it would be helpful to have both commercial and residential on social media. Commissioner Tang commented he supports and agrees with Commissioner Eng that there is a need to make greater out-reach to the community in a meaningful way. He stated he supports any restaurant that would like to invest into their business to enhance it. He added this project has some issues, but he is confident with the fact that staff that has laid out a plan that will get resolved in an order for the applicant to get their ABC license. He stated that he is in support of this project. 6 Community Development Director Ramirez stated the City is partners with the Chamber of Commerce and has a new Economic Committee and this may be a great way to partner with them to get information out in their newsletter. She added she will make this recommendation to the City Manager. Chair Lopez asked if any applicant that wants to better their restaurant, business, or license and has already established their business with a permit or license for their establishment, are they told or given guidelines at the beginning of the process. He stated that when you talk about education it starts from the very beginning right when the applicants are applying for permit or license. Community Development Director Ramirez explained that it depends when the business went in as the City has made a lot of changes within the last five years. She stated if the business has been there a long time they may have not been made aware of the changes. She added in more recent times staff is educating applicants and telling them if tenant improvements are going to be made then they will need permits and follow the required procedures for anything else they may want to do. She added doing this and continuing the public outreach is a good idea. Chair Lopez asked if there were any further questions. None Chair Lopez requested a motion. Commissioner Tang made a motion, seconded by Commissioner to ADOPT Resolution No. 16-17 with findings and APPROVE Conditional Use Permit 16-07, subject to the 36 conditions. Vote resulted in: Yes: Eng, Herrera, Lopez,and Tang No: None Abstain: None Absent: Dang Community Development Director Ramirez stated the motion passes with a vote of 4 Ayes, 0 Noes, 1 Absent, 0 Abstains, and explained the 10-day appeal process. She reminded the applicant that the Public Hearing Notice must be removed during this 10-day appeal process. 4. CONSENT CALENDAR A. Minutes of 7-18-16 Commissioner Eng made a motion,seconded by Commissioner Tang,to approve PC Minutes of 7-18-16 as presented. Vote resulted in: Yes: Eng, Herrera, Lopez, and Tang No: None Abstain: None Absent: Dang Community Development Director Ramirez stated the motion passes with a vote of 4 Ayes, 0 Noes, 1 Absent, and 0 Abstain. 7 5. MATTERS FROM STAFF Commissioner John Tang excused himself from the Planning Commission stating he has another engagement to attend. Community Development Director Ramirez stated staff will be presenting a Joint Garvey Avenue Specific Plan Workshop to City Council, Planning Commission, Traffic Commission, and Garvey Avenue Ad Hoc Committee. She announced the date, time, and location of this workshop to update all parties on that Specific Plan and EIR. Chair Lopez asked if this is voluntarily or will the Commission get paid for attending this workshop. Community Development Director replied yes, they will get paid for attending the joint workshop. She also announced the date,time, and location of the Public Safety Connections Meeting and the Housing Rights Workshop. 6. MATTERS FROM THE CHAIR 8 COMMISSIONERS Commissioner Eng stated she is participating in an event called "Nami Walks" and gave the date, time, and location. She stated this is a major county-wide event to raise awareness about mental awareness,as well as raising funds for programs and to help support and educate families with mental illness. She invited all to participate or to donate if possible to the cause. Commissioner Herrera announced the date, time, and location of the Rosemead Chamber of Commerce "Casino Night Event". She announced that she will be out of town beginning October 5, 2016 through November 17, 2016. 7. ADJOURNMENT Meeting adjourned at 7:40 pm. The next regular Planning Commission will be held on Monday,October 3, 2016 at 7:00 pm in the Council Chambers. ( h Daniel Lopez Chair ATTEy ' ache) Lockwood Commission Secretary 8