PC - Minutes - 09-17-18 Minutes of the
PLANNING COMMISSION MEETING
September 17,2018
The regular meeting of the Planning Commission was called to order at 7:00 pm by.Vice-Chair Eng in the City Hall
Chambers.-
PLEDGE OF ALLEGIANCE-Vice-Chair Eng
INVOCATION Commissioner Lopez
ROLL CALL—Commissioners Herrera, Lopez,and Vice-Chair Eng
EXCUSED ABSENT—Commissioner Dang,Chair Tang
Commissioner Lopez made a motion, seconded by Commissioner Herrera to Approve the Excused Absence
for Commissioner Dang and Chair Tang.
Vote resulted in:
Ayes: Eng,Herrera,and Lopez
Noes: None
Abstain: None
Absent: Dang and Tang..
STAFF PRESENT: City Attorney Thuyen, Community Development Director Kim, Planning & Economic
Development Manager Valenzuela,Associate Planner Hanh,and Commission Secretary Lockwood.
1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS
City Attorney Thuyen presented the procedure and appeal rights of the meeting:
2. .PUBLICCOMMENTS'FROM.THE AUDIENCE.
None , .
3. PUBLIC HEARINGS
A. CONDITIONAL USE PERMIT 18-03 -Ton Hong has submitted a Conditional Use Permit application to
establish a massage services use in an existing commercial unit. The project site is located at 8522
Valley Boulevard, Unit 105, andin a Medium Commercial with Design Overlay (C-3/D-0) zone. Per
Rosemead Municipal Code Section 17.16.020,.approval of a Conditional Use Permit is required in order
to establish a massage services use within a Medium Commercial(C-3)zone.
PC RESOLUTION 18-15 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DENYING CONDITIONAL USE
PERMIT 18-03, A REQUEST TO ESTABLISH A MASSAGE SERVICES USE IN AN EXISTING
COMMERCIAL UNIT.THE PROJECT SITE IS LOCATED AT 8522 VALLEY BOULEVARD,UNIT 105-(APN:
5371-010-805),IN A MEDIUM COMMERCIAL WITH DESIGN OVERLAY(C-3/D=0)ZONE
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STAFF RECOMMENDATION-It is recommended that the Planning Commission ADOPT Resolution No.
18-15 with findings and DENY Conditional Use Permit 18-03.
Associate Planner Hanh presented the staff report. He stated that it is staff's recommendation to continue this item to
the next Planning Commission meeting to be held on Monday,October 1,2018.
Vice-Chair Eng asked if staff is requesting that this item to be continued to Monday, October 1,2018.
Associate Planner Hanh replied yes.
Vice-Chair Eng stated the Planning Commission will wait for further information and asked for a.motion. . :.
Commissioner Herrera made.a motion,seconded by Commissioner Lopez to Continue this item to the Planning
Commission meeting on Monday,October 1,2018.
Vote resulted in:
Ayes: Eng, Herrera,and Lopez
Noes: None
Abstain: None
Absent: Dang and Tang
Community Development Director Kim stated this item will be continued to the next Planning Commission meeting to
be held on Monday, October 1, 2018. He added this motion passes with a vote of 3 Ayes, 0 Noes, and 2 Excused
Absents.
B. MUNICIPAL CODE AMENDMENT 18-04-The proposed Municipal Code Amendment(MCA 18-04)would
amend Rosemead Municipal Code Sections 1.04.130,2.44.060,and 12.44.050;and restate Chapter 17.40
related to prohibiting medical cannabis dispensaries, cannabis cultivation facilities, and cannabis
deliveries. MCA 18-04 would update and broaden the City's existing medical cannabis regulations that
generally ban such facilities and expand the-ban to what State law now refers to as commercial
cannabis facilities to conform with recent changes to State law, and imposes updated regulations on
cannabis deliveries and cultivation in accordance with State law:
PC RESOLUTION 18-16 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT ORDINANCE NO.'983 FOR THE APPROVAL OF MCA 18-04, AMENDING SECTIONS
1.04.030,2.44.060,AND 12.44.050;AND RESTATING CHAPTER 17.40 OF THE ROSEMEAD MUNICIPAL
CODE, RELATED TO CANNABIS FACILITIES,CULTIVATION,AND DELIVERIES.
STAFF RECOMMMENDATION-That the Planning Commission:
1.Conduct a public hearing and receive publictestimony;and
2.Adopt Planning Commission Resolution No. 18-16 with findings(Exhibit"A"),a resolution
recommending that the City Council adopt Ordinance No.983(Exhibit B")for the approval of MCA
18-04.
Planning&Economic Development Manager Valenzuela presented the staff report.
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Vice-Chair Eng asked the Planning Commission if they had any questions or comments for staff:
Commissioner Herrera asked for clarification if this is something that had been approved and needs to be revised.
Planning &_EconornicDevelopment Manager Valenzuela replied that the City is broadening the ban of Cannabis with
recent laws that were passed by the State. She explained that the Code is being updated, so it is stronger than what
it was, previously.
Commissioner Herrera commented so this will make the City of Rosemead individually stronger.
Planning&Economic Development Manager Valenzuela stated this will include commercial cannabis also.
Commissioner Herrera asked if the way it currently stands hasno direction.
Planning &-Economic Development Manager Valenzuela replied :currently the code regulates medical marijuana,
whereas,this municipal code amendment is broader and will include commercial cannabis. •
Commissioner Herrera commented that the public hearing and public testimony would still be required.
Planning&Economic Development Manager Valenzuela agreed.
Commissioner'Lopez asked if the public testimony would be directed to the Planning Commission to convince them,it
would-be agreeable to bring in cannabis into the City.
Planning&Economic Development Manager Valenzuela replied no:
Commissioner Lopez asked if this is being opened to Public Hearing to bring this into the next or a future Agenda.
City Attorney Thuyen explained that the purpose of this item is to add an ordinance that updates the City Municipal
Code according to state law on new cannabis regulations: He added this evening is toget the Planning Commission
input and the members of the public on what they would liketo recommendto the City Council.
Vice-Chair Eng asked if the definition of smoking includes vaping.
Planning&Economic Development Manager Valenzuela replied yes, according to state law, it does includevaping.
Vice-Chair Eng commented that it includes the electronic smoking device. .
Planning&Economic Development Manager Valenzuela agreed and stated that she took this item to City Council last
year and explained that the County's definition of smoke includes vape.
Vice-Chair Eng askedif the City adopts the County's definitions.
Planning&Economic Development Manager Valenzuela replied yes.
City Attorney Thuyen addressed Vice-Chair Eng and:referred to page 12,Section 4,of the Staff Report,where it does
define smoking and added it does reference to including an electronic smoking device:
Vice-Chair Eng referred to the bottom of page 3, item B, of the Staff Report, under the,heading of, "Amendment to
Section 12:44:050.- Prohibition of smoking in Public Park",and asked if this definition of area include public spaces
that are not parks. She commented that she does not know if there is anything in the City like gathering places:
CommunityDevelopment Director Kim replied public gathering spaces could be aCommunity Center or a City Hall.
Vice-Chair Eng asked if this prohibition would apply to those public spaces.
Community.Development Director Kim read a definition that states, ''It is unlawful for any person to smoke in or upon
any city park, playground, or recreational center", and so the Garvey Center would be considered a recreational
center. He stated he would have to check to see if City Hall facility is included in that or not.
Vice-Chair Eng asked if public right-of-ways, like sidewalks and things like that,are included in that definition also,and
are they considered public space:'
Planning&Economic Development Manager Valenzuela replied currently the Municipal Code does not make reference
to that'.
City Attorney Thuyen addressedVice-Chair Eng and clarified that part of the reason these smoking revisions were
added is because these are,existing regulations in the City concerning smoking and becausecannabis regulations do
allow them to apply certain penalties for smoking in public spaces where there are existing prohibitions. He added that
is why the City went in this direction to conform the existing Municipal Code on smoking to add cannabis smoking. He
stated the existing smoking regulations are on City owned properties and public parks.
Vice-Chair Eng stated she understands that, but her question is in regards to sidewalks and public spaces,so is there
the,flexibility of extending that prohibition to publiO spaces like sidewalks.
City Attorney Thuyen replied that is something that has not been reviewed and it can be added as a recommendation
to consider further,but he believes it is limited to certain public spaces at this point.
Commissioner Lopez stated aren't the streets considered similar to drinking,because you cannot drink and walk around
in public. He said wouldn't smoking be the same way because it would be considered as a narcotic and is something
that will get you high 90%of the time. He commented,so wouldn't it fall under the same laws as drinking while driving
and you can't smoke while driving.
Commissioner Herrera asked if smoking in cars is allowed;
Commissioner Lopez replied you cannot smoke cannabis while driving.
Commissioner Herrera stated she was referring to cigarettes.
City Attorney Thuyen reminded the Planning Commission that they are applying the existing smoking regulations to
marijuana and if they would like to explore thoseoptions, then they would have to explore that with the context of
smoking in general as well:
Vice-Chair Eng asked the Planning Commission if they would like to include as part of the recommendation for the City
Council to consider expanding the definition of public spaces to include public right-of-ways and sidewalks:
Commissioner Lopez stated he thought that was already in place..
Planning&Economic Development Manager Valenzuela stated the Municipal Code today only refers to public parks,
playgrounds,.or recreational centers.
Community Development.Director Kim stated it also includes City buildings,which is in Section 5.
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Commissioner Lopez inquired if it is acceptable to smoke cannabis in public,for example, it is illegal to drink liquor in
public.
City Attorney Thuyen thanked Commissioner Lopez for his concern and this helps clarify the issue. He stated State
law does prohibit smoking cannabis in public spaces.
Vice-Chair Eng stated her concern is that this is a legalized recreational use now and she wants to make sure public
spaces is included. She added,technically you can walk on a sidewalk and smoke because it is not prohibited in the
Municipal Code. Shereferred to the existing moratorium in place until the end of this year and asked if this will extend
it,or will the time frame remain.
Planning&Economic Development Manager Valenzuela replied that the moratorium expires December 12,2018,and
this is why staff is presenting this item,so that there is something permanent:
Vice-Chair Eng thanked staff and asked if there were any further questions or comments for staff.
None
Vice-Chair Eng opened the Public Hearing and asked if there was anyone wishing to speak on this item.
None
Vice-Chair Eng closed the Public Hearing and asked for a motion.
Commissioner Lopez`made a motion,seconded by Commissioner Herrera,to approve
Vote resulted in:
Ayes: Eng, Herrera,and Lopez
Noes: None
Abstain: None
Absent:. Dang and Tang
Community Development Director Kim stated the motion passes with a vote of 3 Ayes and 0 Noe's and 2 Excused
Absent. He added this item will be presented to the City Council for consideration at a future City Council meeting.
4. CONSENT CALENDAR
Commissioner Lopez made a motion,seconded by Commissioner Herrera,to approve PC Minutes 8-20-18 as
presented.
Vote resulted in:
Ayes: Eng, Herrera,and Lopez
Noes: None
Abstain: None.
Absent: Dang and Tang
Community Development Director Kim stated the motion passes with a vote of 3 Ayes,0 Noe's,and 2 Excused Absent.
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5. MATTERS FROM STAFF
None
6. MATTERS FROM THE CHAIR&COMMISSIONERS
Commissioner Lopez stated he is attending the APA California Conference from October 7-10,2018 in San,Diego.
Commissioner Herrera commented the Moon Festival was great.
Vice-Chair Eng stated the Moon Festival,was a nice event and thanked staff, the Parks & Recreation Department,
Public Works Department,and the organizers for all their hard work.
7. ADJOURNMENT
Meeting adjourned at 7:20 pm.
The next regular Planning Commission meeting will be on.Monday,October 1,2018,at 7:00 pm in the
Council Chambers.
......_. s..._
Nancy Eng
Vice-Chair
ATT T: ezi
Rachel Lockwood
Commission Secretary
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