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PC - Minutes - 08-06-18 Minutes of the PLANNING COMMISSION MEETING August 6,2018 „ The regular meeting of the Planning Commission was called to order at 7:00 pm by Chair Dang in the City Hall Council Chambers. PLEDGE OF A I.LEGIANCE—Commissioner Herrera INVOCATION—Commissioner Eng ROLL CALL-Commissioners Eng,Herrera, Lopez,Vice-Chair Tang and Chair Dang STAFF PRESENT:City Attorney Burrows,Community Development Director Kim,Associate Planner Hanh, Assistant Planner Wong,and Commission Secretary Lockwood. ADMINISTRATION OF OATH OF OFFICE-Administered by Administrative Assistant Lockwood REORGANIZATION Community Development Director Kim thanked Chair Dang for his greatservice and opened the nomination for Chair. Commissioner Nancy Eng made a motion to nominate Commissioner John Tang as Chair,and seconded by Commissioneri Sean Dang. Vote resulted in: Ayes: Dang,Eng,Herrera, Lopez,and Tang Noes: None Abstain: None Absent: None Community Development Director Kim stated the motion passes with 5 Ayes and 0 Noes,to approve Commissioner Tang as Chair and opened the nomination for Vice-Chair. Chair Tang made a motion to nominate Commissioner Nancy Eng as .Vice-Chair, and seconded by Commissioner'Daniel Lopez. Vote resulted in Ayes: Dang, Eng,Herrera, Lopez,and Tang Noes: None Abstain: None Absent: None Chair Tang stated the motion passes with.5 Ayes and 0 noes,to approve Commissioner Nancy Eng as Vice-Chair. 1 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney Christina Burrows presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 18-02-PD Restaurants,LLC doing business as"Sou Can Tho Vietnamese Kitchen," has submitted a Conditional Use Permit application to allow on-salebeer and wine (ABC License Type 41) in conjunction with an existing bona fide sit-down restaurant located at 8450 Garvey Avenue,Suite#103.Conditional Use Permit approval is required pursuant to Rosemead Municipal Code Section(RMC)Title 17(Zoning)Section 17.30.040.E.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 Residential/Commercial Mixed-Use Development Overlay and Design Overlay (C-3/RC-MUDO/D-0) zone. PC RESOLUTION 18-10 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 18-02, PERMITTING A NEW ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE SIT-DOWN RESTAURANT AT 8450 GARVEY AVENUE,SUITE#103 (APN: 5283-003-029), IN A MEDIUM COMMERCIAL WITH A RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT OVERLAY AND DESIGN OVERLAY(C-3/RC-MUDO/D-0)ZONE. . STAFF RECOMMENDATION-It is recommended that the Planning Commission ADOPT Resolution No. 18-10 with findings and APPROVE Conditional Use Permit 18-02,subject to the 36 conditions outlined. Community Development Director Kim stated Assistant Planner Kinson Wong will make the presentation. Assistant Planner Wong presented the staff report. Chair Tang asked the Planning Commission if they had any questions or comments for staff. Commissioner Lopez asked how many ABC Type 41 Licenses are in the general area. Assistant Planner Wong replied that in this census tract there are four, named the restaurants,location, and type of licenses. Vice-Chair Eng stated staff has indicated there are seven ABC Type 41 and Type 47 licenses and asked if they are all Type 41 or if this is a total of ABC licenses. Assistant Planner Wong replied that is the total amount of Type 41 and Type 47 ABC licenses allowed. Vice-Chair Eng stated there is another restaurant in this building and asked staff if that restaurant also has an ABC license. Assistant Planner Wong replied it does not have an ABC license. Vice-Chair Eng asked if this particular unit prior's use had also been a restaurant: • 2 . Assistant Planner Wong replied yes. Vice-Chair Eng asked ifthe two previous uses had been issued a Type 47 ABC license: Assistant Planner Wong replied they were issued Type 41 ABC licenses. Vice-Chair Eng asked staff if there had been any alcohol related crimes with the previous use. Assistant Planner Wong replied according to the Sheriff's Department, for the last two,years there had not been any known incidents at that location. Vice-Chair Eng stated the Reporting District Report included in the staff report includes a number of census tracts and not for just this particular tract. Assistant Planner Wong replied the number within the Reporting District for alcohol related incidents is 21, but for this particular address,this site,there were no known alcohol related crimes. Vice-Chair Eng asked if staff knows how many census tracts are covered in that Reporting District. She added it looks like from the map that there is quite a number and it covers a large range of area.She asked staff if they had indicated for this particular building that there has not been any reported issues. Assistant Planner Wong replied yes,that is correct, but did not respond to her first question. Chair Tang asked what happened to the previously revoked ABC license and if this was purchased from someone else,or is it a brand new one. Assistant Planner Wong replied this license is a new one and gave a brief history of the prior restaurants and their ABC license. Community Development Director Kim replied the answer is no and explained that there is no cap on the number of beer and wine licenses, like full alcohol. He stated the State of California has a specific number for full alcohol and you would have to buy it from someone that has it. He added beer and wine does not have a cap and within a census tract and ABC establishes a threshold number, however,cities may approve more than that number. Chair.Tang opened the floor for Public Comments and invited the applicant/representative to the podium. Representative Stan Szeto,stated he is present to represent"Sau Can Tho Restaurant",on behalf of their Conditional Use Permit request for an on-sale beer and wine (ABC License Type 41) for theirexisting restaurant. He stated he has read the staff report, the Conditions of Approval by staff and the Chief of Police. He added that they have no objections to the conditions, but he would like clarification on Condition of Approval numbers 18 and 25. He stated they would like to have one illuminated sign provided by vendor or distributor to let customers know that alcoholic beverages are available at the restaurant. Chair Tang asked staff if they would like to respond to that request. Associate Planner Hanh stated this is a standard condition of approval that is imposed with a Conditional Use Permit involving an on-sale ABC license. Community Development Director Kim clarified that Condition of Approval number's 18 and 25 are related, but are different. He explained that Condition of Approval number 18 says that signage on windows are limited to 15%, - 3 so regardless of what type of signage it is limited to 15%. He added Condition of Approval number 25 strictly prohibits advertisement for alcohol beverages,so there can be 15%of window signage, but it cannot be of alcohol beverages. Representative Szeto confirmed that 15%signage is allowed in the window and it could be a picture of food they serve, but it cannot have an alcohol beverage in it. Community Development Director Kim replied thatis correct. Chair Tang asked the representative if he agrees and accepts that condition of approval. Representative Szeto asked if Condition of Approval number 25 is stated in the Municipal Code because he would like to have at least one sign to let customers know they are now serving alcoholic beverages. He commented they are not going to fill the window with many signs. Vice-Chair Eng requested that staff explain why the City has that guideline, stated the fact is the main service is the restaurant, and the ABC license is just to accommodate it. Associate Planner Hanh agreed with Commissioner Eng's comment and added that the primary use is a bona fide restaurant, so the alcohol sales is an accessory use to the restaurant business. He added advertising alcohol is not allowed when businesses are located near a church, park, and school, and this restaurant has three of these types of nearby. Chair Tang addressed the representative and,stated the rationale behind prohibiting the advertisements of alcoholic beverages is because there is a school, church, or park within 1,000 feet. He added in addition to that because the establishment is a bona fide restaurant,which is the primary use,whereas alcohol being served on their premise is an accessory. Representative Szeto agreed. Commissioner Dang addressed the Chair and asked if this would be a discussion topic. Chair Tang recommended this is something staff can work with the representative after the Planning Commission meeting. He asked if the representative needed clarification on the conditions of approval Representative Szeto reiterated that Conditions of Approval 18.states 15%signage allowance and Condition of Approval 25 states no advertisement of any type of alcoholic beverages. Chair Tang explained that Community Development Director Kim has stated that they are two separate conditions of approval. Representative Szeto asked if it states in the.Municipal Code that you cannot have alcohol displays at all. Community Development Director Kim replied no, it is not in the Municipal Code, but his application is a discretionary application, which means they are requesting approval from this body, to allow this business to serve alcohol. Therefore,as part of that process,this Planning Commission has the discretion to approve the request should the Planning Commission wish to approve the request with certain conditions to minimize any potential adverse effect to theneighborhood and to the City. He added so as part of that,staffis recommending Condition of Approval numbers 18 and 25 and the representative's question is specifically in regards to Condition of Approval number 25,where staff is recommending no alcohol advertising be permitted. He stated the rational for that recommendation is that this is a bona fide restaurant and the sale of alcohol beverages is an ancillary use, so it is encouraged that this facility and business to stay as a restaurant and should restaurant patrons which want to be served alcoholic beverages,that is a 4 secondary enjoyment of this business. Staffs recommendation is not for their customers to just drink alcohol beverages. Representative Szeto stated he understands that, but if this were a bar,staff would not probably recommend approval on a Conditional Use Permit anyway, and that Condition of Approval would not be applicable. He asked if there was any discussion if there isany leeway as to whether they can a minimal number of signs on there. Chair Tang thanked Mr.Szeto for his comments and the Planning Commission will consider his comments. He asked Representative Szeto if he had any further questions and requested that Mr. Szeto continue to stay for the rest of the meeting in case the Planning Commission has further questions for him. Representative Szeto stated Chair Tang had questions about ABC Type 41 questions about why the previous ABC license had been revoked. He explained the previous owner did not pay his annual fee, so the license was revoked and that there had not been any.violations. Chair Tang thanked Representative Szeto and asked if the Planning Commission had any further questions. Vice-Chair Eng asked.Mr. Szeto what the relation to the applicant was and if he was their consultant. Representative Szeto replied he is their liquor license, alcohol license, and Conditional Use Permit consultant. Vice-Chair Eng stated staff has indicated that their largest shift has ten employees and asked what are the time/hours of the largest shift. Representative Szeto asked the applicant and he responded from the audience. Vice-Chair Eng requested that the applicant step to the podium so he may answer questions. Chair Tang invited the applicant to the podium.. Applicant Michael Trang stated his name and address. Vice-Chair Eng thanked the applicant and stated the restaurant's menu is interesting. She asked if their largest shift begins at 5:00 pm to 10:00 prn. Applicant Trang replied yes,and their peak time is 7:00 pm to 9:00 pm. Vice-Chair Eng asked what the occupancy capacity of the restaurant is. Applicant Trang replied it is 50 patrons. Vice-Chair Eng stated she did a site inspection, drove by the site, and noticed a number of shuttles in front of the restaurant and asked if he gets a lot of that. Applicant Trang replied no, and it is funny she mentioned that, because this was the first time they ever had that happened. He added he spoke with two of those patrons and they mentioned they were tourists: Vice-Chair Eng asked if they frequent his restaurant often. Applicant Trang replied no,this was their first time. 5 Vice-Chair Eng asked what his experience in operating a restaurant serving alcohol is. Applicant Trang replied his experience is that he has been in the restaurant service for 15 years, because he grew up in the restaurant business. He explained his parents were prior restaurateurs,operating a Vietnamese Restaurant that catered to popular Vietnamese dishes. He has been a bus boy, a waiter, worked in the kitchen, and he knows the ins and outs of a restaurant but this will be his first time operating one. Vice-Chair Eng asked where he operated before coming to the City of Rosemead. Applicant Trang replied he was in a different field and it was Graphic Design. Vice-Chair Eng asked if they opened their restaurant in September of last year. Applicant Trang replied they applied in September but officially opened in November, but if a date is needed it would be January 1st. Vice-Chair Eng asked if prior to that did his family operate a restaurant. Applicant Trang replied yes, but it was another restaurant and this one is his company. Vice-Chair Eng asked if alcohol was served in that operation. Applicant Trang replied no. He explained he is applying for an ABC license, because it will complement the food they serve. Commissioner Lopez asked what the business hours are. Applicant Trang replied they are 10:00 am to 10:00 pm. Commissioner Dang asked if his competitors that serve exotic cuisine also complement it with alcoholic beverages. Applicant Trang replied he would think so, because it goes well with those flavors. He commented that he has lost customers due to the fact they do not serve alcoholic beverages and some of those dishes such as wild boar,alligator, and some of the other dishes you need the refreshment of alcohol. Commissioner Dang stated he has frequented his restaurant and the food is good. He asked if the restaurant next door serves beer and wine. Applicant Trang replied they are a Vietnamese restaurant also and he does not know if they serve beer and wine. Commissioner Dang asked why the prior operator was not able to renew the ABC license. Applicant Trang replied he does have that information and requested that Representative Szeto respond to that question. Representative Szeto explained that the previous owner closed the restaurant and once the restaurant is closed, the applicant will not have a reason to pay the renewal fee or pay a surrender fee. To keep the Type 41 ABC license dormant, you need to pay the surrender fee every year for up to five years. He added if it is not paid then ABC automatically revokes it. He also explained the Type 47 ABC license process. Commissioner Dang asked how much the surrender fee for a Type 41 ABC license is. 6 Representative Szeto replied a Type 41 ABC license surrender fee is $700.00 a year. He explained if you found a willing buyer and wanted to transfer the license to somewhere else,that person would have to have a Conditional Use Permit at'a different location. He added if someone wants to apply for a Type 41 ABC license they just apply for it themselves,they would not have to transfer it or purchase their license. Commissioner Dang asked,so hypothetically if the prior restaurant,which was Fusion 103,and if they had the alcohol license,and Applicant Trang came in as a new restaurateur,would he not have to go through a Conditional Use Permit. Representative.Szeto replied some cities require a Conditional Use Permit for just a transfer of ownership and he is notsure if the City of Rosemead requires that. • Community Development Director Kim explained the Conditional Use Permit would continue unless the use was terminated for a year. Representative Szeto stated as long as the new owner accepts the conditions of approval of the existing Conditional Use Permit because they are tied to the perpetuity to the location. He explained the advantage of transferring that license is that you will not have an interruption of the sales of alcohol. When you do the process of transferring the ownership, ABC will not require you to send a notice to engage in the sales of alcohol to all the residents within 500 feet,so you will not run the risk of neighbors protesting. He explained the only thing you will be required to do is post a poster and if Applicant Trang was to apply for a new license, he would have to send letters to all the neighbors within 500 feet and that would be an interruption in the sales of alcohol. Commissioner Dang asked if the applicant is applying for a new ABC license. Representative Szeto replied he is applying for a new one because the old one was years ago and is gone. Commissioner Herrera commented that what she understands is that the City of Rosemead does not allow any alcohol beverage signs because they are secondary to the food. She stated so there are no businesses that do this in Rosemead. Assistant Planner Wong replied that is correct. Chair Tang opened the Public Hearing and asked if there was anyone wishing to speak on this item. • Resident Irene San stated she has lived in this neighborhood for 23 years and has concerns in regards to the sales of alcohol. She added she has nothing against Michael or the restaurant, has frequented the restaurant,and the food is good. Her concern is that the previous restaurant sold alcohol and she would find beer cans all over the street: She added there are children, an elementary and intermediate school at the end of the block,and three parks in the area. She stated she would prefer not to have any restaurants that serve alcohol beverages for public safety reasons. She addressed.Commissioner Dang's question in regards to therestaurant next to this one,which she has frequented, and stated they do not sell alcohol and they serve similar Vietnamese food: Chair Tang asked Ms. San if she had said there were beer cans that littered the streets. Resident San replied yes. Commissioner Dang asked if she had seen people drinking in the streets. Resident San replied no and commented they probably drink the beer in their cars. Chair Tang thanked Ms. San and asked if there were any further comments. None Chair Tang closed the Public Hearing and asked if the Planning Commission had any further questions. Commissioner Lopez asked the applicant if he allows alcohol out of his restaurant. Chair Tang requested Applicant Trang to the podium so that his comment be on the record. Applicant Trang stated if approved alcohol will not be allowed outside of his premise due to liability issues. Commissioner Dang stated in other restaurants where they do serve alcohol when it comes in,a can or a bottle, it is usually opened and poured into a glass. He asked if approved, how will they serve their alcohol. Applicant Trang replied if their application is approved that is something that they will look into. He added in regards to safety,they will make sure their restaurant runs accordingly with security measures such as cameras,the facility will be lit up,and they will hire security to make sure patrons have a safe place to dine. Commissioner Dang asked staff if there was a condition of approval that states alcohol must remain in the premise. Community Development Director Kim replied it is in Condition of Approval number 19 and the third sentence states, "no alcohol beverages shall be sold for off-site consumption". He added the Conditional Use Permit and ABC license is for on-site consumption. City Attorney Burrow stated Condition of Approval number 26 states it also and it can only be served indoors. Commissioner Dang asked staff what is the violation of these conditions of approval. Community Development Director Kim replied there is a revocation process. Representative Szeto stated there is a gate at the restaurant, which is shut after the restaurant is closed. He commented if there are people drinking beer after the restaurant is closed, then they are probably not going to be buying it from them. Commissioner Dang asked,so when the restaurant is closed,the gate is closed, and the parking lot is empty. Representative Szeto replied yes,and the Type 41 ABC license is strictly for on-sale specifically,but it does come with a Type 20 privilege,which is an off-sale beer and wine privilege. He stated for an example if a customer brings a bottle of wine and they cannot finish that bottle they can request to re-cork it and take it with them. Headded they will , not allowed be allowed to;buy a twelve-pack of beer and take opened cans of beer or bottles. He explained it is for onsite only and there is not an outdoor patio dining area for this restaurant, so alcohol beverages are opened and served Indoors_on-site only. Commissioner Dang stated that it is sold and opened onsite; and asked, so it would be rare that someone would buy a six-pack of beer and walk out with six cans of beer. Representative Szeto replied beer,is not,displayed or accessible for any.customers. They cannot even reach into a refrigerated cooler. He added it would have to be ordered, poured into a glass, and it will be served with the food. He explained that this is a family restaurant with the incidental sales of beer and wine. 8 Vice-Chair Eng addressed the Chair and asked if the Public Hearing had been re-opened. Chair Tang replied no the Public Hearing has been closed. Vice-Chair Eng stated she has a couple of questions she would like to ask. City Attorney Burrows recommended re-opening the Public Hearing. Chair Tang re-opened the Public Hearing so the_Planning Commission may ask questions. Vice-Chair Eng referred to Conditions of Approval numbers 29,which needs to be submitted to the Chief of Police,and 30,which requires employees, owners, operators, and managers to complete an ABC training (LEAD) program. She asked applicant Trang if he is familiar of this training program and if he has plans to have this training take place. Applicant Trang replied yes,and he,was not familiar with this before, but he will be. Representative Szeto stated he spoke with his applicant about this and this program is mandatory for any type of alcohol sales in any City. He added it is a three-hour training program for owner, managers, and some of the higher level of staff to learn how to handle customers under the influence of drinking or drugs. He stated once training is completed the employee receives a certificate. Vice-Chair Eng asked if this is a one-time training or requires continuing education. Representative Szeto replied it is a one-time training. Vice-Chair Eng asked if the ABC license is approved,are there plans to have additional security other than surveillance. Applicant Trang replied it is a good idea to have that. He stated security cameras are already onsite, in the restaurant, and around the facility. He stated as far as other security measures,they are considering onsite security personnel. Vice-Chair Eng stated that the conditions of approval do state that the City shall have the right to require additional security measures if needed. Commissioner Lopez asked theapplicant where do the employees go to get trained and by whom. Representative Szeto replied the employees take the class/training through ABC. Chair Tang thanked the applicant and representative and stated what the Planning Commission is trying to decide on is to whether or not to grant the Conditional Use Permit to allow the sales of alcohol at their business. He added they would like to see his business be successful and thrive, but at the same time, they need to consider the needs and concerns of the residents. One of the items the residents want to be assured with is that there are responsible business owners that are their neighbors as well.He stated he hopes that his employees fulfill this training program to identify when someone is drinking too much, to limit them on their beverages, to know when they are loitering, and to know that if they are loitering outside with alcoholic beverages. It is incumbent as an owner to make that go away or call security or the police to help those residents with those concerns and he hopes.he lives up to thatas well. Applicant Trang replied that he understands this and agrees. He added he realizes to have a Conditional Use Permit and ABC license is a privilege and if he does get it, it is something he will make sure he protects and follows the rules accordingly. Chair Tang thanked applicant Trang. Commissioner Dang addressed the Chair and asked if the discussion of signage take place now or after the Public Hearing is closed: Chair Tang asked if the question is going to be addressed or directed to staff or the applicant. Commissioner Dang stated it is a question for the Planning Commission but Representative Szeto may need to be addressed also. City Attorney Burrow recommended closing the Public Hearing so the Planning Commission discuss this among themselves and then re-open the Public Hearing if they need to ask the applicant a question. Chair Tang asked if there were any further public comments or questions.. None Chair Tang closed the Public Hearing. He addressed Commissioner Dang and asked what his question was. Commissioner Dang referred to the discussion of signage, the maximum of 15% coverage requirement, no representation of alcohol sales and representative Szeto's comments. He stated with that in mind, he knows a large poster of alcohol is not allowed but suggested that maybe a picture of food that the applicant serves with a small bottle/glass of alcohol in the background would be allowable,just so that patrons know that alcohol is now being served as an ancillary use: It would give customers/patrons the known fact they can enjoy their food with the complement of an alcoholic beverage. He asked how the Planning Commission would feel about this. Commissioner Lopez asked staff how many other restaurants have posters of food with beer or wine in the allowed 15%window signage requirement. He stated because this is a condition of approval,staff must check,and asked are there other restaurants.that do display alcohol. Associate Planner Hanh replied there could be potentially be a restaurant that did not require a Conditional Use Permit for alcohol or that was grandfathered in,so it may not have this condition in place. Commissioner Lopez stated so there could be restaurants that may. Associate Planner Hanh replied potentially there could be, but because this is a bona fide restaurant,and there are sensitiveuses nearby,this is a condition staff would typically recommend. He added,but this is at the discretion of the Planning Commission to decide if this is appropriate for this specific restaurant Commissioner Lopez stated that he is not against the restaurant serving alcohol and does not need to see it outside. He added patrons will be able to tell once they are inside and the owner can advertise inside and it will be listed on the menu. He recommended the condition of approval stand the way that it is and not allow it on the signage. He added he is not against the sale of alcohol but he is against advertising it and the rules are the rules. Chair Tang asked when this policy was established and when has it been applied to Conditional Use Permits that have come before the Planning Commission in regards to ABC licenses. Associate. Planner Hanh replied he has only been with the City for a few years, so he does not know when it was established, but all the Conditional Use Permits in the recent years has this condition of approval:; Commissioner Herrera asked if this is because of the sensitive locations of being close to schools,churches,and parks. 10 • Associate Planner Hanh replied yes. Commissioner Herrera stated there is a possibility that other restaurants could have these signs if they are on Valley Boulevard and not next to a school,church,or park. Chair Tang stated those could be Conditional Use Permits that may have been grandfathered in and did not have this condition of approval applied at that time. Commissioner Herrera asked so this is because of a specific location next to it and that is why. Associate Planner Hanh replied yes, and because this is a bona fide restaurant,which is the primary use and serving alcohol is an accessory to this type of use. Vice-Chair Eng asked Community Development Director Kim in his experience what type of processes have been taken with, other jurisdictions when Conditional Use Permits with Type 41 and Type 47 ABC,Licenses and.the advertisement of alcoholic beverages are,requested. Community Development Director Kim replied this type of condition restricting alcohol advertisement is standard with many communities for bona fide restaurants. He explained that because the intent is for a restaurant and serving alcohol is a privilege, patrons are going for the dining experience, and the alcohol portion is an ancillary use. Vice-Chair Eng stated this census tract does indicate an under concentration,but the reason this is before the Planning Commission is'because it is in a high crime related district. She added this is why the Planning Commission is discussing safetyrelated issues and concerns within the City. She added this is a concern to her and requested staff to confirm what Representative Szeto has indicated that this Type 41 and Type 47 comes with a Type 20 privilege. She added this is the first time she has ever heard of it and it is a concern to her. Community Development Director Kim stated:he looked up Type 20 ABC license and it is an off-sale,beer and wine. He stated that personally hehas brought his own bottle of wine to a restaurant and paid fora corkage fee and if he did not finish his bottle of wine at the restaurant,they would re-cork it and he can take it home:`He stated he is not sure what Type 20 entails because he is not familiar with it. Commissioner Dang stated that Representative Szeto may have some insight to what Type 20 is; Chair Tang re-opened the Public Hearing to take more testimony from Representative Szeto. Representative. Szeto explained that the intent of the Type 20 ABC license privilege is as Director of Community Development Kim stated. If a customer cannot finish a bottle of wine they can re-cork it and take it with them,but they are not allowed to purchase any opened bottles or cans and take them off the.premise. Commissioner Lopez stated he has been to restaurants where he has paid a corkage fee and is not uncommon. , Representative Szeto stated it is not like if a customer is going into a liquor store to purchase alcohol. He added it has to be opened and it is for wine only not beer. . Vice-Chair:Eng asked if the public hearing was still open because she has questions for staff.. Chair Tang closed the Public Hearing. 11 Vice-Chair Eng asked staff if the,alcohol related crimes that are in this reporting district,the 21 that are identified in the last two years,do they have any information on how close they are to this area,this particular location and what were they. Assistant Planner Wong replied staff does not have that specific information in regards to the crimes to that vicinity, but just the number of alcohol related incidents within that tract. Vice-Chair Eng stated the alcohol related crimes in that category is defined by ABC and asked if that is correct. She also asked what are some examples of alcohol related crimes that ABC considers. Associate Planner Hanh replied the stats were provided to staff by the Sheriff's Department,so staff does not have the exact definition from the Sheriff's Department right now. Commissioner Lopez asked what is the square mileage of this tract where these incidents took place because he is assuming it is not right there, it is within the area. Community Development Director Kim stated staff does not have the specific square footage of the tract other than the handout which was passed out and it shows the tract area where this property is located and it is fairly large. Chair Tang referred to Commissioner Dang's comments about advertising and the on-sale of beer and wine is a privilege and this is a bona fide restaurant use and the purpose of advertising is to attract your customers to let them know you serve great food and by the way here is beer and wine served as well. He added when you are attracting customers it should be for bona fide use,which is the restaurant, and that is why this policy is in place. He stated that he agrees with Commissioner Lopez and they should remain consistent with the City policy and not advertise alcoholic beverages in regards to signage. He recommended that advertisement can be made within the restaurant, so when customers come in they will know beer and wine is also available. Commissioner Dang requested the Public Hearing be opened so he may ask the representative a question. Chair.Tang opened the Public Hearing. Commissioner.Dang asked Representative Szeto asked if they are allowed to advertise on-line or on Yelp. Representative Szeto asked for clarification. Commissioner Lopez asked if their restaurant is advertised on the internet. Representative Szeto replied he believes it is. Commissioner Dang stated that when you go on Yelp it will show pictures of the food, people, and beverages and asked if that is a violation of ABC licensing if bottles of alcohol are seen. Representative Szeto replied that ABC.does not have that restriction. Vice-Chair Eng addressed Commissioner Dang and clarified that this condition of approval is a City policy not an ABC requirement and is a local jurisdiction policy. Commissioner Dang stated that he realizes some of these are standardized and he did not know historically if they derived from an ABC license and that is why he was asking. 12 Representative Szeto commented some cities vary and allow certain percentages for signage. He added vendors will give signs for free but some cities will not allow it all. He added he has seen posters with food and the beer or wine is in the background in other cities so it just varies. Commissioner Lopez stated that part of that is that they may be older restaurants that have been grandfathered in and they may not have the same Conditional Use Permit policies that the City of Rosemead has. He added this is a policy that has been in place for many years and it is not saying you cannot advertise because you can indoors and can be advertised in their menu, but it is not allowed in the window. Representative Szeto expressed concern that they will not be allowed to put posters with pictures of alcoholic beverages in the window. Chair Tang thanked Representative Szeto and closed the Public Hearing. Vice-Chair Eng stated she shares Commissioners Tang and Lopez's concerns, but she supports this ABC license because they do have a good menu and it is a convenience. She added this application is before the Planning Commission because of the high crime issues in the area and the city needs to be consistent in terms of the conditions of"approval. She stated she is in support of this because it is in an under concentrated area but there are conditions that are in place for training, security measures that is required by our law enforcement and if the proposed security measures do not work then the Planning.Commission can mandate further ones. She stated she would like to give this business a chance to offer services,for people to enjoytheir food, and it is a collected menu. Chair Tang stated as this body continues to work on the redevelopment of Garvey Avenue to bring in a downtown feel to Garvey Avenue, they may revisit this debate further on down the line to mimic cities such as Monterey Park, Alhambra, or Pasadena that allows advertisements that complement alcohol with the food. He added this discussion can take place somewhere down the road, but in the current state of where the City of Rosemead is at we are still in development of that,so he recommends the Planning Commission remains consistent with the City's policy. Vice-Chair Eng stated she agrees with Chair Tang,this is a standard policy, and it may need to be revisited, but there is a reason why that condition of approval is in.place. She added a resident also expressed a concern for safety and she is directly impacted by this, and there are other sensitive uses,so there is a reason for this condition in place. If this needs to be updated,then she is open to discussing that also in the future. Chair Tang thanked the Planning Commission and asked if there wasanyfurther discussion. None Chair Tang requested a motion. Commissioner Lopez made a motion, seconded by Commissioner Herrera, to ADOPT Resolution.No. 18-10 with findings and APPROVE Conditional Use Permit 18-02,subject to the 36 conditions outlined. Vote resulted in: Ayes: Dang, Eng,Herrera,Lopez,and Tang Noes: None Abstain: None Absent: None Community Development Director Kim stated the motion passes with a vote of 5 Ayes and 0 Noes and explained the 10-day appeal process. 13 4. CONSENT CALENDAR A. PC MINUTES 6-4-18 Vice-Chair Eng stated she has a correction in number 6. Matter from the Chair& Commissioners on page 23. She stated the sentence should be corrected to state,"She stated staff participated at the event and the listing agent pitched the Auto Auction site". Commissioner Herrera made a motion,seconded by Commissioner Dang,to approve PC Minutes 6-4-18 with correction to page 23. Vote resulted in: Yes: Dang, Eng, Herrera,and Tang No: None Abstain: . Lopez Absent: None Community Development Director Kim stated the motion passes with 4 Ayes,0 noes,and 1 Abstain,by Commissioner Lopez. 5. MATTERS FROM STAFF. Community Development Director Kim gave thedate,time,and location of National Night Out. He invited all to attend. 6. MATTERS FROM THE CHAIR&COMMISSIONERS Commissioner Lopez thanked the City, staff, and everybody for their condolences, kindness,and flowers for his mother-in-laws passing. He added his wife really appreciated the sentiments. . Commissioner Dang stated his yearserving as Chair has been great and it was a privilege working with a great Commission. He stated he had a lot of fun,thanked the Planning Commission and staff for working with him. He congratulated Planning Commissioner.John Tang as the next Chair and they will have another great year Commissioner Eng commended and thanked Commissioner Dang for his service as Chair. She added his technical skills has been an asset to the Planning Commission and it has been an enjoyable year. Commissioner Herrera thanked Commissioner Dang and stated he did a great job. Commissioner Tang reiterated what his colleague's comments and thanked Commissioner Dang for his leadership and, engagement. 14 . 7. ADJOURNMENT Meeting adjourned at 8:17 pm. The next regular Planning Commission meeting will be held on Monday,August 20,2018,at 7:00 pm in the Council Chambers. 11, 11111 illl ' -.data Jo nTang.r Vle Chai ATTE eCf2( g aA.2 rri ...._ Rachel Lockwood Commission Secretary 15