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PC - Minutes - 05-01-07 Minutes of the PLANNING COMMISSION MEETING May 1,2017 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-Chair Lopez INVOCATION-Commissioner Tang ROLL CALL-Commissioners Eng,Tang,Vice-Chair Dang and Chair Lopez ABSENT-Commissioner Herrera STAFF PRESENT: City Attorney Murphy, Community Development Director Ramirez,Assistant Planner Lao, 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 Brian Lewin, resident, thanked the members of Planning that participated in the Civic Pride event, it was appreciated,and it was a successful event. He added that he recently became aware of an EI Monte project placing billboards along their side of the 10 Freeway. He stated in terms of notifications,some Rosemead residents that are within the required notification radius for this project will receive a notification. He stated in the past the Planning Commission has requested that staff notify them of upcoming projects surrounding the City, but he also asked that it be considered sharing that notification with residents in general, because it may affect them, and because they are not in the required radius they will not be notified. He suggested it be placed on the City's Website as "The City is Making Residents Aware Of" or"A Service to the Rosemead Resident's" and add a comment that if there are any questions or comments on it they should be directed to the City in question. He requested that it be considered notifying the general residents in the future. 3. PUBLIC HEARINGS A. MODIFICATION 17-02 AND PUBLIC CONVENIENCE OR NECESSITY 17-01 - Grocery Outlet has submitted a Modification application (MOD 17-02) requesting to modify Conditional Use Permit 09-03 from an Off-Sale Beer and Wine (Type 20) Alcoholic Beverage Control (ABC) License to an Off-Sale General (Type 21) ABC License. In addition, Grocery Outlet has also submitted a Public Convenience or Necessity application (PCN 17-01)requesting that the City of Rosemead determine that the issuance of a Type 21 ABC License for MOD 17-02 will serve the public convenience or necessity, as required by the State Department of ABC when a project site is located within a census tract with an undue concentration of alcohol licenses and/or a crime reporting district with an undue concentration of crime. The project site is located at 9026 Valley Boulevard in a Central Business District with a Design Overlay(CBD/D-0)zone. PC RESOLUTION 17-08 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD,COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,APPROVING MODIFICATION 17-02, A MODIFICATION OF CONDITIONAL USE PERMIT 09-03 FROM AN OFF-SALE BEER AND WINE (TYPE 20) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TO AN OFF-SALE GENERAL (TYPE 21) ABC 1 LICENSE AND PUBLIC CONVENIENCE OR NECESSITY 17-01, A REQUEST THAT THE CITY OF ROSEMEAD DETERMINE THAT THE ISSUANCE OF A TYPE 21 ABC LICENSE FOR MODIFICATION 17- 02 WILL SERVE THE PUBLIC CONVENIENCE OR NECESSITY, AS REQUIRED BY THE STATE DEPARTMENT OF ABC WHEN A PROJECT SITE IS LOCATED WITHIN A CENSUS TRACT WITH AN UNDUE CONCENTRATION OF ALCOHOL LICENSES AND/OR A CRIME REPORTING DISTRICT WITH AN UNDUE CONCENTRATION OF CRIME.THE PROJECT SITE IS LOCATED AT 9026 VALLEY BOULEVARD (APN: 8594-001-031), IN A CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY (CBD/D-0) ZONE. Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 17- 08 with findings and APPROVE MOD 17-02 and PCN 17-01,subject to the 23 conditions. Assistant Planner Annie Lao presented the staff report. Chair Lopez asked the Planning Commission if there were any questions or comments far staff. Commissioner Eng asked if'Type 21"includes distilled alcohol. Assistant Planner Lao replied yes. Commissioner Eng how many retailers have a"Type 21"in this census tract. Assistant Planner Lao replied there are 2 "Type 21" (Rite Aid and Target). Commissioner Tang asked what happened to the previous retailer"Fresh and Easy'ABC license. Assistant Planner Lao replied the"Fresh & Easy"ABC license transferred to the"Grocery Outlet"and currently 'Grocery Outlet'is trying to modify it from"Type 20"to"Type 21" Commissioner Tang asked once that modification takes place what happens to that beer and wine license. Assistant Planner Lao replied it gets replaced,so it is not an increase. Chair Lopez asked if the difference is that"Type 20"is beer and wine only,and"Type 21"just adds the distilled alcohol. Assistant Planner Lao replied yes. Chair Lopez asked if the Planning Commission had any further questions or comments. None Chair Lopez opened the Public Hearing and invited the applicant to the podium. Katy Schardt, representative for Grocery Outlet,thanked the Planning Commission and explained the"Type 20"ABC license from "Fresh& Easy" was transferred to "Grocery Outlet". She stated that does not always happen, but "Grocery Outlet" was fortunate to have "Fresh& Easy" agree to transfer the license. She stated once a year the State Department of ABC has a lottery and establishments that wish to have a "Type 21" ABC License may submit their name into the lottery. She added ABC draws new"Type 21"ABC Licenses based on the population. If there is a population growth, then ABC will issue more "Type 21" ABC Licenses. If population has declined or stayed the same, then no new "Type 21" ABC Licenses are put into the lottery. She stated "Grocery Outlet" did submit their 2 name into the lottery back in September of 2016, and they found out a couple of months later that they were successful with the "Type 21". She stated otherwise it is never affordable for an operator,especially a value oriented operator,to buy a"Type 21" unless it is in the lottery. She stated they are looking forward to doing this and explained that the grocery business is very competitive and remaining viable with other grocery chains(whether they are in the City of Rosemead or the outside of the City) is to offer the full complement of alcohol beverages with the shopping experience. She stated she can answer any questions that the Planning Commission may have. Commissioner Eng asked if"Grocery Outlet"is located only in California or are they national. Representative Schardt replied they are national and located in Oregon, Washington, and under a different name in Pennsylvania. Commissioner Eng asked what percentage of their operations has a"Type 21"ABC License. Representative Schardt replied about 1/2 and named a few local stores (Costa Mesa, Downey, and Paramount). She explained that some of those were"Fresh&Easy"that already had a"Type 21"that was transferred. Commissioner Eng stated the beer and wine is open display and asked if the distilled liquor will also be displayed the same way. Representative Schardt replied yes, the distilled liquor will be in the same area, but that the area for alcohol display will not be increased. Vice-Chair Dang referred to page 4 of the Staff Report and read: "The parking lot and exterior of the business shall maintain good lighting during hours of darkness". He expressed a concern that the lighting in the parking lot was dim and requested that someone check the calibration of the lighting. Chair Lopez asked if there were any further questions or comments. None Chair Lopez closed the Public Hearing and asked if the Planning Commission had any further questions or comments for staff. None Chair Lopez asked for a motion. Commissioner Eng made a motion, seconded by Vice-Chair Dang to ADOPT Resolution No. 17-08 with findings and APPROVE MOD 17-02 and PCN 17-01,subject to the 23 conditions. Vote resulted in: Yes: Dang,Eng,Lopez,and Tang No: None Abstain: None Absent: Herrera Community Development Director Ramirez stated the motion passes with a 4 Ayes and 0 Noes vote and explained the 10-day appeal process. 3 4. CONSENT CALENDAR A. Minutes of 4-17-17 B. Planning Division Entitlement List Commissioner Eng asked if all the items on the Entitlement List are anticipated to come before the Planning Commission. Community Development Director Ramirez replied no explained that Minor Exceptions and Administrative Use Permits are approved by herself. Commissioner Eng asked what the Minor Exceptions are in regards to. Community Development Director Ramirez replied Minor Exceptions are usually a request to add an addition to a home. Chair Lopez asked what about the size. Community Development Director Ramirez replied if it goes over a certain size, then it will have to go before the Planning Commission for approval. Chair Lopez asked if there were any further questions or comments. None Chair Lopez asked for a motion. Commissioner Tang made a motion, seconded by Chair Lopez, to approve the Consent Calendar as presented. Vote resulted in: Yes: Dang, Eng,Lopez,and Tang No: None Abstain: None Absent: Herrera Community Development Director Ramirez stated the motion passes with a 4 Ayes and 0 Noes vote. 5. MATTERS FROM STAFF Community Development Director Ramirez announced the date, time, and location of 'Family Game Night", and the "Community Area Watch Committee Meeting". 6. MATTERS FROM THE CHAIR&COMMISSIONERS Commissioner Eng thanked Community Development Director Ramirez for forwarding the information of the proposed El Monte Billboard Ordinance and Brian Lewin for bringing it up. She added she had some questions in which Community Development Director Ramirez is going to follow up on for her. She referred to Mitigated Negative Declaration's and asked City Attorney Murphy if this is an ordinance and once the ordinance is passed with the MND 4 are projects approved by right when they go into those designated areas or do they still have to go through a Public Hearing process. City Attorney Murphy replied it depends on how the ordinance is drafted. He added he would have to see what they are adopting and see whether they have set it up in way that says anything consistent with this code is allowed by right and inconsistency's go through a discretionary process. He stated that tends to be what people do but in this case he does not know because he has not seen it. Commissioner Eng stated El Monte is proposing a few billboards in certain areas near the freeway and one will be close to Rosemead residents. She added her main concern is with digital billboards and the light from the billboards going into the bedrooms of the residents. She stated Community Development Director Ramirez is following up on that item and will let the Planning Commission know how that can be addressed to protect the residents. Community Development Director Ramirez gave the Planning Commission an update in regards to Commissioner Eng's billboard concern and the notification process. Commissioner Eng commented that it is important to ask and to speak up. Chair Lopez stated that he has been approached by residents from Angeles Senior Housing and has been told that the elevator is not working and asked it it is being taken care of. Community Development Director Ramirez stated they are aware of the elevator not working, it has the authorization to be repaired,but the part needs to be ordered. Chair Lopez stated the scanner to enter the building is not working, he has tried it, there is no signal to un-latch the front door,and it forces the residents to go around. Community Development Director Ramirez stated she will check on that issue. Chair Lopez thanked Community Development Director Ramirez and requested that the other elevator also be checked because someone did get stuck in it and now the residents are scared to get in. 7. ADJOURNMENT Chair Lopez adjourned the meeting at 7:21 pm and stated he will not be present at the June 5,2017 Planning Commission meeting. The next regular Planning Commission will be held on day, May 15,2017 at 7:00 pm'- the Council Chambers. Dannopez Chair ATT ILJµ'L 46:—(2W0- it Rachel Lockwood Commission Secretary 5