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PC - Minutes - 10-01-18 Minutes of the PLANNING COMMISSION MEETING October 1,2018 The regular meeting of the Planning Commission was called to order by Vice-Chair Eng at 7:01 pm in the City Hall Chambers. PLEDGE OF ALLEGIANCE—Commissioner Herrera INVOCATION—Commissioner Dang ROLL CALL—Commissioners Dang, Herrera, Lopez,Vice-Chair Eng and Chair Tang EXCUSED ABSENT—Chair Tang Vice-Chair Eng asked for a motion to Excuse the absence of Chair Tang. Commissioner Herrera made a motion,seconded by Commissioner Lopez to Approve the Excused Absence for Chair Tang. Vote resulted in: Ayes: Dang, Eng, Herrera, and Lopez Noes: None Abstain: None Absent: 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. PUBLIC COMMENTS 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, and in 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, APPROVING 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-31D-0)ZONE. 1 STAFF RECOMMENDATION-That the Planning Commission: 1. Conduct a public hearing and receive public testimony; and 2. Adopt Planning Commission Resolution No. 18-15 with findings and approve Conditional Use Permit 18-03,subject to the conditions. Associate Planner Hanh presented the staff report. Vice-Chair Eng asked the Planning Commission if there were any questions or comments for staff. None Vice-Chair Eng thanked staff for providing the map indicating the locations of the existing massages establishments within the City. She stated it shows there are 14 establishments and asked staff if that was correct. Associate Planner Hanh replied yes. Vice-Chair Eng referred to the 14 current massage establishments and asked if there has been a history of code or law enforcement concerns from the existing massage establishments. Associate Planner Hanh replied Code Enforcement has reported that in the recent months, there has not been any major concerns. The concerns have been minor and are related to City business licensing. Vice-Chair Eng referred to the Government Code that was cited in the staff report,Section 51034,and asked how long has that code been in effect. Associate Planner Hanh replied that question may be deferred to the City Attorney. City Attorney Thuyen stated he does not have a definite date, but it is a recent update. He added within the last five or six years, the State did implement some comprehensive massage establishment related regulations that did limit some City control over it, and they did do an update to it two or three years ago on this issue. Vice-Chair Eng stated that one of those updates was that there is now a business profession school code governing the practice of massage. City Attorney Thuyen stated that is correct. The original update was an extensive overhaul to the Business Profession Code and an amendment to the Government Code. Vice-Chair Eng asked if there was a prior use in this unit at this center. Associate-Planner Hanh replied yes, and explained that currently it is a retail use, but was previously a massage establishment and was permitted by right, before the City required conditional use permits. Vice-Chair Eng stated she did have a resident express a concern with the use having a shower facility. She added that she understands that it is a requirement per the Municipal Code and asked if that was correct. Associate Planner Hanh replied yes,the Municipal Code does require the establishment to provide a shower. 2 City Attorney.Thuyen addressed Vice-Chair Eng and stated that the most recent update was a statute that had been passed in the year"2016"and became effective January 1,2017. Vice-Chair Eng thanked City Attorney Thuyen. She stated those are all her questions and asked the Planning Commission if they had any other questions or comments. None Vice-Chair Eng opened the Public Hearing and invited the applicant to the podium. Applicant Ton Hong stated he is present to answer any questions the Planning Commission may have. Vice-Chair Eng asked the Planning Commission if there were any questions for the applicant. None Vice-Chair Eng asked if the current use is retail. Applicant Hong replied currently it is a cell phone repair site and has been for the last two years. Vice-Chair Eng asked Mr. Hong if he has experience operating a massage/spa facility. Applicant Hong replied no, he does not. Vice-Chair Eng asked what inspired him to convert his current use. Applicant Hong replied he has an employee that has 15-20 years'experience in massage/spa facility use. Vice-Chair.Eng asked how many employees he currently has. Applicant Hong replied two, his wife and himself. He added he usually has nine employees, but business is declining, so it is currently just two. Vice-Chair Eng stated the staff report indicates the largest shift will have twelve employees and asked what time- frame the largest shift will take place. Applicant Hong replied it is 10:00 am to 11:00 pm. Vice-Chair Eng asked if he is anticipating having twelve employees. Applicant Hong replied yes, he anticipates ten to twelve. Vice-Chair Eng stated currently there is another foot massage establishment in this center and are other massage establishments nearby. She asked if any type of study had been conducted to support the need or demand for another massage establishment business in that shopping center. Applicant Hong replied that he does not understand the question. Vice-Chair Eng asked Mr. Hong if he feels there is a need for another massage establishment. Applicant Hong replied yes. 3 Vice-Chair Eng asked if the therapist will be employees or independent contractors. Applicant Hong replied they are independent contractors. Vice-Chair Eng asked if it is like hair salons where you would sublease out each station. Applicant Hong replied no,the employee will work full-time. Vice-Chair Eng asked how long a foot massage session is. Applicant Hong replied one hour. Vice-Chair Eng asked the Planning Commission if there were any follow up questions for the applicant. None Vice-Chair Eng asked if there was anyone else wishing to speak on this item. None Vice-Chair Eng closed the Public Hearing. She asked the Planning Commission if there were any comments or questions for staff. Commissioner Herrera asked for clarification of what the hours of operation are because the staff report states 9:00 am to 10:00 pm, but the applicant stated until 11:00 pm. Community Development Director Kim stated the Municipal Code has hours of operation limitations, which are 8:00 am to 10:00 pm, and even though the applicant indicated 11:00 pm, it cannot go pass 10:00 pm per code. Associate Planner Hanh stated that is correct and the application states 9:00 am to 10:00 pm. Vice-Chair Eng asked if the applicant is aware of the operating hours. Applicant Hong replied yes from the audience. Vice-Chair Eng referred to the copy of the Municipal Code requirements governing massage establishment operations, stated it is very extensive,and thanked staff for providing it. She added that her one concern is in regards to the impact on parking because they are going from two employees to twelve employees. She commented that she drove by the site around 3:30 pm and it did not seem there were parking spaces available.She stated that the City has also done a good job putting in place operational conditions for these type of businesses to ensure the health and safety of the community. She asked the Planning Commission if they had any further comments or questions. Commissioner Herrera commented that she likes that the business is inside the shopping center and.not facing Valley Boulevard. Vice-Chair Eng asked if there were any further comments or questions. None Vice-Chair Eng asked for a motion. 4 Commissioner Dang made a motion, seconded by Commissioner Lopez, to approve Conditional Use Permit 18-03 an application to establish a massage services use in an existing commercial unit. Vote resulted in: Ayes: Dang, Eng, Herrera, and Lopez Noes: None Abstain: None Absent: Tang Community Development Director Kim stated the motion passes with a vote of 4 Ayes, 0 Noes, and 1 Excused Absent. He also explained the 10-day appeal process and reminded the applicant to remove the on-site Public Hearing Notice. 4. CONSENT CALENDAR A. PC MINUTES 9-17-18 Commissioner Lopez made a motion,seconded by Commissioner Herrera,to approve PC Minutes 9-17-18 as presented. Vote resulted in: Ayes: Dang, Eng, Herrera,and Lopez Noes: None Abstain: None Absent: Tang 5. MATTERS FROM STAFF Community Development Director Kim announced that Associate Planner Hanh has resigned and will be going to the County of San Luis Obispo. He said Associate Planner Hanh has been with the City of Rosemead for four years and will be missed. He stated he is very proud of Associate Planner Hanh and added this is a great opportunity for him, complimented his accomplishments, and thanked him for all his help. Planning & Economic Development Manager Valenzuela stated she has had the pleasure of working with Associate Planner Hanh since he was an intern and has watched him grow into the person he is today. She added he will be missed, his leaving is bittersweet,thanked him for his service, and congratulated him. Commissioner Lopez stated having been here for a while and also met Associate Planner Hanh when he was an intern and has watched him grow. He added that he had left the Planning Commission for a while and when he returned he saw that Associate Planner Hanh has made a difference in the City of Rosemead, thanked him for being here,considers him a friend,and congratulated him. Commissioner Dang stated San Luis Obispo is great location,a beautiful place,and Associate Planner Hanh will enjoy it there. He added Associate Planner Hanh has done a great service for the City of Rosemead, he is very knowledgeable, and every time he called Associate Planner Hanh, he would call him back. He added Associate Planner Hanh would go that extra mile and would have answers ready for him if needed at the counter. Associate Planner Hanh will be missed,congratulated him, and told him he would be a success. 5 Commissioner Herrera congratulated Associate Planner Hanh and thanked him for all his help. Vice-Chair Eng stated Associate Planner Hanh will be missed, congratulated him, reiterated Commissioner Dang's comments,and added that Associate Planner Hanh will be successful. She added the Planning Commission and staff would like to present Associate Planner Hanh a plaque to show their appreciation for his years of service to the City of Rosemead.Vice-Chair Eng read the plaque to audience and a photo was taken. 6. MATTERS FROM THE CHAIR&COMMISSIONERS Commissioner Lopez asked when the Trunk or Treat festivities will be held. Vice-Chair Eng announced that Community Development Director Kim just had a birthday,everyone wished and sang Happy Birthday to him. 7. ADJOURNMENT The meeting adjourned at 7:30 pm. The next regular Planning Commission meeting will be on Monday,October 15,2018, at 7:00 pm in the Council Chambers. Nancy Eng Vice-Chair ATT ,,�� C=L�� Rachel Lockwood Commission Secretary 6