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PC - Minutes - 04-17-17 Minutes of the PLANNING COMMISSION MEETING April 17,2017 The regular meeting of the Planning Commission was called to order at 7:00 pm by Chair Lopez in the Council Chambers,8838 E.Valley Boulevard. PLEDGE OF ALLEGIANCE-Commissioner Eng INVOCATION-Chair Lopez ROLL CALL-Commissioners Eng, Herrera,Tang,Vice-Chair Dang and Chair Lopez STAFF PRESENT-City Attorney Kane, Community Development Director Ramirez, Associate Planner Hanh, Planning Intern Arellano, Planning Intern Nguyen,Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney Kane presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 17-03 - Vy Hoang 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 8632 Valley Boulevard, Unit E-F.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 Medium Commercial with a Design Overlay(C-3/D-0)zone. PC RESOLUTION 17-06 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 17-03, PERMITTING A NEW ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING ESTABLISHMENT AT 8632 VALLEY BOULEVARD, UNIT E-F(APN:5390-001-058),IN A MEDIUM COMMERCIAL WITH A DESIGN OVERLAY(C-31D-O)ZONE. Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 17- 06 with findings and APPROVE Conditional Use Permit 17-03, subject to the 35 conditions, Community Development Director Ramirez introduced Planning Intern Mario Arellano and stated this is his first time presenting a staff report. She let the Planning Commission know he recently has been hired by the City of Baldwin Park as a Planning Technician and congratulated Planning Intern Arellano. Planning Intern Arellano presented the staff report. Chair Lopez asked if there were any questions or comments for staff. 1 Commissioner Eng thanked staff for including the Reporting District Map, the ABC Map, and stated they were very helpful. Community Development Director Ramirez stated that staff went on-line, researched, and found this map. She added staff has also made extra copies so that they are always available. Commissioner Eng stated there is another café in this center and asked if they have an ABC license. Planning Intern Arellano replied no. Commissioner Eng asked if this will be the only restaurant with an ABC license in this center. Planning Intern Arellano replied yes. Commissioner Eng stated she is going to miss the Happy Family vegetarian restaurant. She referred to page 6, of the Staff Report,and asked how regular inspections by the City and ABC are processed. Associate Planner Hanh replied inspections are made by Code Enforcement Officers for the City, but staff does not have any information on how ABC conducts their inspections. Commissioner Eng stated that ABC may have a regular audit or monitoring system and the reason she has brought this up is because 3 (Type 41)ABC licenses are currently allowed in this census tract and there are 9 existing ABC licenses, and if this item is approved, it will increase it to 10 ABC licenses. She would like to make sure the City has some type of regular monitoring system in place. She commented that ABC must have their own program and expressed that their criteria may need to be updated on how many is allowed in a census tract. Community Development Director Ramirez stated if staff has any concerns or receives complaints they will contact Code Enforcement and request an investigation. She stated the State also conducts regular inspections, but unfortunately, inspections are not as frequent as they should be because they are understaffed. She stated if the State also receives complaints they will start an investigation, will contact the City, and both the State and City will have an on-going investigation and work together. Commissioner Eng stated that is important to know because they want to help businesses to have the opportunity to be successful. Community Development Director Ramirez stated the City also notifies the State ABC Licenses if there are any violations and collaborate together. Commissioner Tang referred to page 6 of the staff report under Reporting District 0531, and asked what type of crimes were the 13 of the alcohol related crimes were. Associate Planner Hanh replied staff does not have information on what the crimes specifically were. Commissioner Tang asked if staff knows if the crimes were related to the businesses establishments with a Type 41 ABC License. Associate Planner Hanh replied no, it did not specify addresses. Commissioner Tang referred to the Chief of Police recommended conditions of approval, and stated to get an understanding of how this license is issued, asked if once the applicant has met all the conditions,does staff approve and then issue the license if it has been approved by the Planning Commission. 2 Community Development Director Ramirez replied the Planning Division is the last stamp of approval. She stated staff will not approve the plans until all the conditions of approval have been met by all the departments and agencies. She explained staff will go and conduct a final inspection to confirm that all the conditions have been met. Chair Lopez asked how many ABC licenses are within the radius of that census tract. Associate Planner Hanh replied there are a 9 total. Chair Lopez asked which establishments have an ABC license within that area. Planning Intern Arellano replied they are: 1)888 Seafood Restaurant(Type 47); 2) Shin Sen Gumi Restaurant(Type 41); 3) Northern Chinese Restaurant(Type 41);4) Hot Powt Hot Pot(Type 41); 5) Hunan Mao Restaurant(Type 41); 6) Pho Bang Restaurant (Type 41); 7) Ji Rong Restaurant (Type 41); China Bistro (Type 41); and Com Tam Ninh Kieu(Type 41). Chair Lopez asked if all the alcohol related crimes are within that area or are they further away. Associate Planner Hanh replied it is based on the reporting district and the map labeled 'Exhibit F", shows the location of the reporting district and areas that it covers. Commissioner Tang referred to the 13 alcohol related crimes and stated that it would be helpful to know where the alcohol related crimes took place and if they are associated with the establishments. He requested that staff provide this information for these types of proposals in the future. Community Development Director Ramirez stated it has been stated in the past from the Chief of Police that information is not able to be given out due to privacy regulations, but staff will obtain as much information as they can. Commissioner Tang stated some of the crimes may not be associated with the business enterprise of this proposal but it would be helpful information. Chair Lopez asked if there were any further questions or comments. None Chair Lopez opened the Public Hearing and invited the applicant to the podium. Vy Hoang, applicant,stated she can answer any questions that the Planning Commission may have. Commissioner Eng asked if she had any prior experience operating a restaurant serving beer and alcohol. Applicant Hoang replied no. Commissioner Eng stated there is a condition of approval that mandates the employees get trained through an ABC program in serving alcohol and asked the applicant if she understands her employees will need to go through this training. Applicant Hoang replied yes. 3 Chair Lopez asked if there were any further questions. None Chair Lopez thanked the applicant and closed the Public Hearing. He asked if there were any further questions or comments from the Planning Commission. None Chair Lopez requested a motion. Commissioner Tang made a motion, seconded by Commissioner Herrera, to ADOPT Resolution No. 17-06 with findings and APPROVE Conditional Use Permit 17-03,subject to the 35 conditions. Vote resulted in: Yes: Dang,Eng, Herrera,Lopez,and Tang No: None Abstain: None Absent: None Community Development Director Ramirez stated the motion passes with a vote of 5 Ayes and 0 Noes and explained the 10-day appeal process. B. MODIFICATION 17-01 -Xiao Feng Shao has submitted a Modification application, a request to modify Conditional Use Permit(CUP)07-1091 for the expansion of an existing restaurant with an On-Sale Beer and Wine(Type 41)Alcoholic Beverage Control (ABC)license into an adjacent suite.The project site is located at 8450 Valley Boulevard, Suite #113-115, in a Medium Commercial with a Design Overlay (C- 31D-O)zone. PC RESOLUTION 17-07 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD,COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,APPROVING MODIFICATION 17-01, A MODIFICATION OF CONDITIONAL USE PERMIT 07-1091 FOR THE EXPANSION OF AN EXISTING RESTAURANT WITH AN ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE INTO AN ADJACENT SUITE AT 8450 VALLEY BOULEVARD, SUITE #113-115 (APN: 5371-009-040), IN A MEDIUM COMMERCIAL WITH A DESIGN OVERLAY(C-31D-0)ZONE. Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 17- 07 with findings and APPROVE Modification 17-01,subject to the 39 conditions. Planning Intern Nyugen presented the staff report. Chair Lopez asked if there were any questions or comments for staff. Commissioner Eng referred to page 4 of the staff report where it states, "The applicant has proposed to expand the existing use. The use will not substantially change from the existing operation of the existing restaurant" She asked if the current square footage of the restaurant is 1,208 in Suite#113. Planning Intern Nyugen replied yes. 4 Commissioner Eng asked it the applicant is proposing to expand into Suites #114-115, which has combined square footage of 3,080. Planning Intern Nyugen replied that the applicant is currently operating in Suites #114-115 and want to expand alcohol sales into Suite#113. Commissioner Eng asked if the applicant is currently occupying all three Suites. Planning Intern Nyugen replied currently they are occupying Suites#114-115. Commissioner Eng asked if the existing operation has an ABC License. Planning Intern Nyugen replied yes. Commissioner Eng asked how ABC approves the license and asked if it is based on square footage. Associate Planner Hanh replied it is based on the location and explained that Suites#114-115 have a Type 41 and the original conditional use permit is for Suites #114-115. He added the applicant is requesting to expand the ABC license into Suite#113. Commissioner Eng stated that the applicant is not requesting a new ABC license, this is a technically, and they are wishing to expand the use to all three suites. Community Development Director Ramirez explained that the applicant can expand the use for the restaurant without Planning Commission approval, but to allow liquor to be sold in Suite#113 that will need the Planning Commission's approval. Commissioner Eng asked how many ABC licenses are in this center. Planning Intern Nyugen replied within this Plaza there are 5 ABC licenses with conditional use permits with alcohol related uses. Community Development Director Ramirez stated that includes this application. Commissioner Eng referred to the 13 reported alcohol related crimes in this census tract and asked if it is known how many are from this shopping center. Associate Planner Hanh replied no,the exact information is not known and it is based on the reporting district. Community Development Director Ramirez stated in the future staff will try to get as much information as possible. She added if staff cannot obtain the information they will request Lt. Robert Hahnlein, Chief of Police, to attend the Planning Commission meeting and explain why. Commissioner Eng referred to the conditions of approval listed in the staff report and asked if the property maintenance issues have been taken care of at this location. Associate Planner Hanh replied the previous conditional use permit had these conditions of approval and they were just carded over. Commissioner Eng asked if these are existing issues. 5 Associate Planner Hanh replied no. Chair Lopez asked if there were any further questions or comments for staff. None Chair Lopez opened the Public Hearing and invited the applicant to the podium. Jerry (Store Manager) and Lisa (Secretary) stated they may answer any questions the Planning Commission may have. Chair Lopez asked if the Planning Commissioners had any questions. None Chair Lopez thanked the applicant and closed the Public Hearing. He asked if the Planning Commissioners if there were any further questions or comments. None Chair Lopez asked for a motion. Commissioner Eng made a motion, seconded by Commissioner Herrera, to ADOPT Resolution No. 17-07 with findings and APPROVE Modification 17-01,subject to the 39 conditions. Vote resulted in: Yes: Dong, Eng, Herrera, Lopez,and Tang No: None Abstain: None Absent: None Community Development Director Ramirez stated the motion passes with a vote of 5 Ayes and 0 Noes and explained the 10-day appeal process. She introduced Planning Intern Hannah Nyugen to the Planning Commission and explained they had met her before, but this is her first time presenting. She stated that staff encourages interns to work with applicants, staff reports, and in the preparation of this meeting. She added this is all done under the direction of Associate Planner Cory Hanh who is in charge of the Planning Intern program. She stated this is very important, he works closely with the interns, and this program helps prepare them for finding full- time employment. She added all of our previous interns have successfully obtained full-time employment and in some cases have come back to the City of Rosemead,such as Cory Hanh and Annie Lao. Chair Lopez thanked Planning Interns Mario Arellano and Hannah Nyugen for their excellent presentations. Commissioner Eng complimented staff for this vision/program and stated training is very important for the young, congratulated the interns,and wished them good luck. 4. CONSENT CALENDAR A. Minutes of 4-3-17 6 Commissioner Tang made a motion,seconded by Chair Lopez,to approve PC Minutes of 4-3-17 as presented. Vote resulted in: Yes: Dang,Herrera, Lopez,and Tang No: None Abstain: Eng Absent: None Community Development Director Ramirez stated the motion passes with a vote of 4 Ayes,0 Noes,and 1 Abstain by Commissioner Eng who was not present at that meeting. 5. MATTERS FROM STAFF Community Development Director Ramirez stated there are two upcoming City Events. She announced the date, time,and location for the Homeless Workshop and Civic Pride Day. She added volunteers are still needed for the Civic Pride Day and invited all to volunteer if possible. 6. MATTERS FROM THE CHAIR&COMMISSIONERS Commissioner Eng asked when reorganization of the Planning Commission for Chair and Vice-Chair be taking place. Community Development Director Ramirez explained for some reason the Planning Commission was the only commission that reorganized in May,where the other commissions/committees reorganized in July. She explained the City Clerk took it back to City Council and amended the ordinance/resolution,so that all commissions and committees reorganize at the same time, which takes place at the first meeting in July or the last meeting of June. She stated she will check and make sure. Commissioner Herrera stated she will not be attending the May 1,2017 Planning Commission meeting. 7. ADJOURNMENT Meeting adjourned at 7:26 pm. The next regular Planning Commission will be held on Monday,May 1,2017,at 7:0 in the Council Chambers. Daniel Lopez Chair (160-16L—t° eiairk Rachel Lockwood Commission Secretary 7