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PC - Minutes - 06-17-19 Minutes of the PLANNING COMMISSION MEETING June 17, 2019 The regular meeting of the Planning Commission was called to order by Chair Tang at 7:00 pm in the City Hall Council Chambers. PLEDGE OF ALLEGIANCE—Commissioner Lopez INVOCATION—Vice-Chair Eng ROLL CALL—Commissioners Herrera, Lopez, Vuong,Vice-Chair Eng and Chair Tang ABSENT—Commissioner Vuong Vice-Chair Eng made a motion, seconded by Commissioner Lopez, to excuse the absence of Commissioner Vuong. STAFF PRESENT — City Attorney Thuyen, Community Development Director Kim, Planning & Economic Development Manager Valenzuela, Assistant Planner Wong, 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 19-01 - Jie Song, representing Tasty Thousand Restaurant Inc., has submitted a Conditional Use Permit application for a new On-Sale Beer and Wine(Type 41)ABC License in conjunction with a bona fide sit-down restaurant located at 8817 Valley Boulevard. Per Rosemead Municipal Code(RMC) Section 17.16.020 ("Commercial District Land Uses and Permit Requirements") and Table 17.16.020.1 ("Uses in Commercial Districts"), alcohol sales for a sit-down restaurant is subject to RMC Section 17.30.040(E)(1) which requires a Conditional Use Permit approval. The proposed project would not increase the floor area of the existing building or business.The project site is located in the Central Business District with a Residential/Commercial Mixed-Use Development Overlay and Design Overlay(CBD/RC-MUDO/D-0)zone. STAFF RECOMMENDATION-It is recommended that the Planning Commission ADOPT Resolution No. 19-06 with findings APPROVING Conditional Use Permit 19-01, subject to the 33 conditions. PC RESOLUTION 19-06 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 19-01, PERMITTING A NEW ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE SIT-DOWN RESTAURANT AT 8817 VALLEY BOULEVARD, (APN: 5391-009-001), IN THE CENTRAL BUSINESS DISTRICT WITH A RESIDENTIAL/COMMERCIAL MIXED- USE DEVELOPMENT OVERLAY AND DESIGN OVERLAY(CBD/RC-MUDO/D-0)ZONE Assistant Planner Wong presented the staff report. 1 Chair Tang asked if there were any questions or comments for staff. Commissioner Lopez asked what the police activity is in that area, what has been brought to the sheriff's, how many ABC licenses are in this vicinity, and what type of businesses are they. Assistant Planner Wong replied there are three ABC licenses in the shopping center, two are Type 41 ABC licenses like this one. He added they are Rice Yummy and Thien An Bo,and there is a Type 21 ABC license at the Great Wall Supermarket. He stated in reference to police calls,there are no reported calls to 8817 Valley Boulevard, but there are 12 alcohol related incidents reported in that district. Commissioner Lopez asked how far away those calls were. Assistant Planner Wong replied that the Sheriff's Department did not have that information available. Commissioner Lopez asked if there are liquor stores, bars, or restaurants near-by. Assistant Planner Wong replied there is a Mission Valley Liquor and a 7-Eleven nearby on Valley Boulevard. He explained that the 7-Eleven is a Type 20 ABC license,which is an off-sale beer and wine and the Mission Valley Liquor is a Type 21 ABC license,which is an off-sale general license selling beer,wine, and distilled spirits. Commissioner Lopez asked if the Sheriff's Department was satisfied with everything around this vicinity. Assistant Planner Wong replied yes. Vice-Chair Eng stated for clarification and asked if there are two Type 41 ABC licenses currently in this shopping center. Assistant Planner Wong replied yes. Vice-Chair Eng referred to the staff report which states there are 12 reported alcohol related incidents in that district and asked if any of the incidents were from that shopping center. Assistant Planner Wong replied the Sheriff's Department stated that information was not readily available. Vice-Chair Eng questioned if there is information on where those incidents are. Assistant Planner Wong replied they are within the district but not in that shopping center. Vice-Chair Eng asked how many eating establishments are currently in this shopping center. Assistant Planner Wong replied there are currently three, Rice Yummy, Pho Pasteur, and Thien An Bo. He added Tasty Thousand Restaurant will be the fourth one. Vice-Chair Eng stated there is the front restaurant which is Tai-Kadai. Assistant Planner Wong explained that Tai-Kadai is not part of the shopping center. Vice-Chair Eng asked what the seating capacity for this restaurant is. Assistant Planner Wong replied according to the Building & Safety tentative improvement plans, the occupancy load for the dining area is 56. 2 Vice-Chair Eng stated the previous use for this tenant was retail/liquor store and a restaurant is a more intense use. She asked if the same parking standard is being used for this use. Assistant Planner Wong replied yes. Vice-Chair Eng asked what that parking standard is. Assistant Planner Wong replied it is one space per 250. Vice-Chair Eng stated her last question maybe for the applicant and asked if the applicant is present. She would like to ask if the applicant has prior experience operating a restaurant that serves alcohol. Assistant Planner Wong stated that question may be deferred to the applicant. Chair Tang stated the previous use for this tenant was Doug's Liquor and asked what happens to that Type 22 ABC license or does it go with them as ownership. Assistant Planner Wong replied that license was surrendered to ABC. Chair Tang thanked staff, opened the item to the public, and invited the applicant to the podium. Peter Ta, a Managing Member of 420 Boyd Street, LLC, who owns the shopping center, stated the applicant is requesting a Type 41 ABC license for beer and wine only. He added that this restaurant is replacing Doug's Liquor and between the two extremes, this is the lesser. He explained this restaurant was originally located on Valley and New, but it burned down, so they are relocating to this location and they want to share the passion of northeastern cuisines. He stated based on his existing tenants there are two with the same type of ABC licenses and there has not been any issues, so there should not be any with this use also. He added there has not been any police complaints, no service calls, or concerns, so he does not foresee any issues with this tenant because it is the same type of business, a family restaurant wanting to sell beer and wine also. He explained this is not a major sales point for them, but it is an ancillary accessory,and to have the opportunity to serve beer and wine for celebrations or holidays. He thanked the Planning Commission and encouraged them to approve this item. Vice-Chair Eng asked Mr.Ta if the applicant is operating an existing restaurant currently, but at another location. Peter Ta replied yes, they had another location before it burnt down. He added they also had the same type of ABC license and there were not issues there, so with changing locations there should not be any issues. Commissioner Lopez explained that the Planning Commission also takes the vicinity and surroundings into consideration and not just the use, but also what the use could bring in and that is why they ask the questions they do. Peter Ta commented that there is also a Rite Aid nearby that sells hard liquor. Chair Tang thanked Mr. Ta and addressed that his Speaker Request Form had been received and his comments are on the record. He opened the item for public comment and asked if there was anyone wishing to speak on this item. None Chair Tang closed the Public Hearing and asked the Planning Commission if there were any further discussion. 3 None Chair Tang asked for a motion. Commissioner Lopez made a motion, seconded by Commissioner Herrera, to ADOPT Resolution No. 19-06 with findings APPROVING Conditional Use Permit 19-01, subject to the 33 conditions. Vote resulted in: Ayes: Eng, Herrera, Lopez, and Tang Noes: None Abstain: None Absent: Vuong Community Development Director Kim stated the motion passes with a vote of 4 Ayes, 0 Noes, and 1 Absent. He reminded the applicant to remove the onsite Public Hearing Notice and explained the 10-day appeal process. 4. CONSENT CALENDAR A. PC MINUTES 6-3-19 Vice-Chair Eng made a motion,seconded by Commissioner Lopez,to approve PC Minutes 6-3-19 as presented. Vote resulted in: Ayes: Eng, Herrera, Lopez, and Tang Noes: None Abstain: None Absent: Vuong Community Development Director Kim stated the motion is approved with a vote of 4 Ayes, 0 Noes, and 1 Absent. 5. MATTERS FROM STAFF A. Ministerial Planning Approvals—Information Only a. 7419-7459 Garvey Avenue(New Market Garvey Plaza)—Residential/commercial mixed-use project with 48,000 sq.ft. commercial and 90 unit residential permitted by the Garvey Avenue Specific Plan. b. 7540 Garvey Avenue(Longo Seafood Restaurant)—Restaurant expansion. c. 7940 Garvey Avenue, Unit 108 and 109(Boiling Seafood Wok)—Restaurant expansion. d. 8002 Garvey Avenue(Contai Plaza)—Residential/commercial mixed-use with 88,449 sq.ft. commercial and 92 unit residential permitted by the Garvey Avenue Specific Plan. e. Accessory dwelling unit(ADU)Ordinance No. 979—86 applications processed since passage of the Ordinance. Planning & Economic Development Manager Valenzuela presented the Ministerial Planning Approvals that has taken place in the last few months. 4 Chair Tang stated the ADU Ordinance is not readily publicized, so how does the public know about it. Planning&Economic Development Manager Valenzuela replied that people are aware of the state law,so it is spread through word of mouth. She added that people know cities are abiding by it. Vice-Chair Eng referred to item (a) New Market Plaza and asked if the 90 residential units are going to be apartments or condominiums. Planning& Economic Development Manager Valenzuela replied currently the developer is proposing apartments, but they could be condos. Vice-Chair Eng asked if it is going to be the same thing for the Contai Plaza. Planning& Economic Development Manager Valenzuela replied the Contai Plaza will be condominiums. Vice-Chair Eng asked if New Market Plaza is still not sure. Planning& Economic Development Manager Valenzuela replied yes,they are not sure yet. Commissioner Lopez referred to the mixed-use projects that have been approved in the last two years and asked if there is a way of speeding up the process of getting tenants into the retail spaces. He expressed concern that it is taking so long to fill in the units designated for retail/office use. Community Development Director Kim explained that a lot has to do with the current real estate sector,the residential segment is very strong,and it is common to see in the current economy that residential developments are either leased or sold before they are even built and that is because of the lack of housing. He stated for mixed-use developments the residential portion will always be strong and it may change in the future because there is always a cycle of different trends being built,such as once it was offices,multiplex theatres,and then outlet/lifestyle shopping centers. He stated the commercial sector is changing and commercial development will trend towards experiences like restaurants. He added national established tenants are very particular about where they go in and the more successful ones have their formula as to where they want to go. They will take their studies, check, and make sure their demographics and infrastructure to support their cliental. He added that a national tenant did look at one of the approved mixed-use project sites that was discussed, but they decided there was not enough parking spaces to support them at this location. He explained each individual tenant will have their own criteria for being a specific location with specific amenities provided. So, to fill the vacancies it is a combination of a lot of things and it is difficult to have tenants go into a site that they may not be comfortable with or it could be the other way around it could be the property owner that is looking for a certain type of tenant or rent. He added that mixed-use is a positive thing and with time as the residential units are sold and it's just a matter of bringing in the right tenant. Commissioner Lopez expressed that he understands,and the use is great, but he hopes the tenants come soon. Chair Tang stated when cities had redevelopment agencies to expedite that process and incentivize businesses to come in, but they currently do not have that tool. Community Development Director Kim explained the tools that the City does have available is that the CDBG budget was readjusted and staff has worked hard to get the Commercial Façade program going. He added staff is working on their first application currently and gave a brief explanation of how the program and requirements. He stated this program accomplishes two purposes, 1) helps local businesses by providing a forgivable loan, and 2) it is a job creation. The City is doing what it can considering the limited resources. 5 Vice-Chair Eng stated there are a number of commercial vacancies on Garvey Avenue currently. She added there is a site(restaurant) located on Garvey and San Gabriel Boulevard, but she does not know if anyone is looking at that space, but it has been there for a long time. It is going to take a while for the market to catch up in terms of commercial rates and the commercial rates will have to drop before people are willing to move in. She added the challenge of some of the tenants is that they are concerned that there will not be enough parking, and this will be a continued challenge. She expressed that there needs to be parking solutions and seriously need to start look at parking structures. She added that the City is doing its best to try to be flexible with the parking standards but there is a challenge to that when someone is paying so much to come into to occupy a commercial space. She stated if tenant owners are not able to bring customers in because they cannot find parking then they are not coming in and that is just a reality. She added, one way or another, the City will have to find a solution to help businesses that want to come into the City. 6. MATTERS FROM THE CHAIR&COMMISSIONERS Vice-Chair Eng thanked staff for the updates, as they were very helpful. She stated there are a lot of new businesses coming onto Garvey Avenue and recommended that a major bank on Garvey Avenue is needed. She added there is only one bank and businesses should not have to drive out of the area to do their banking. She added services and amenities should be provided to residents and to the businesses also to help them be successful too. She referred to shopping centers and asked staff if there is a procedure in place, if the use changes in intense, and if trash, traffic, or whatever other maintenance issues needs to be addressed. Planning & Economic Development Manager Valenzuela replied for maintenance concerns there is a Property Maintenance Ordinance and if the upkeep of the property is not maintained,then Code Enforcement can give a warning notice, or begin a citation process. Vice-Chair Eng stated her concern is that if the new use becomes so intense,that there may be trash overflow or there may not be enough trash receptacles. She asked what the City does in instances like that. Planning&Economic Development Manager Valenzuela replied they would use the Property Maintenance Ordinance and Code Enforcement would enforce those issues. Vice-Chair Eng asked if that is proactively conducted or is it completed as complaints are received. Community Development Director Kim replied it is a little of both and explained there are only three full-time Code Enforcement Officers and two part-time Officers that were recently hired. He added that the staffing level for code enforcement is stretched very thin and there are many things they are responsible for. So,when they drive around and see maintenance concerns that need to be addressed they do enforce them,and he personally knows that because he also receives the CRM notices as they are entered into the system. He explained the first procedure in that process is that code enforcement sends a notice of violation and then proceed from there. He added code enforcement is implementing a Community Education Program where the City will be divided into sections. Code Enforcement will target one section at a time and while they are driving or walking around and if they see something,they will explain to the property owner on what needs to be addressed, how to resolve them, and explain grant/loan programs that are available, rather than giving a notice or citation. He said a lot of calls that come in are complaint base because they cannot cover all areas of the City,so when they do come in they are responsive. Vice-Chair Eng reiterated her question regarding new uses being more intense and what is in place to address it,so the new use will not create more nuisance's in the future, or will improvements need to be made to the process. Community Development Director Kim explained there are the conditions of approval and you have to have nexus on the conditions that are imposed. 6 City Attorney Kane explained that Conditional Use Permits do have conditions of approval to regulate issues such as property maintenance and there are provisions in there as well, so usually it would be a combination of those two to address concerns. Vice-Chair Eng asked if staff needs direction that if in the future when the City receives applications that is of higher intensity in use they look at this as part of the review. Planning & Economic Development Manager Valenzuela stated when developments go through the design review process, staff looks at all the uses. The proposed the trash enclosures and plans are sent to Republic Services for review. She stated the plans are also sent to all the agencies for review. She added if Republic Services does not have any comments or concerns in regard to the trash bins with all the uses during their review process, staff would not require the applicant to provide additional trash enclosures, bins,or receptacles. Vice-Chair Eng stated she was unaware that this process was being done and as long as this is being done and if the contractor is not taking the time to do its due diligence, that is not being helpful to the City. She added the City will then have to deal with the complaints and applicants will say when they applied for this use they were not told to do this. Planning&Economic Development Manager Valenzuela stated in addition to this there are conditions of approval that do mitigate these issues. Vice-Chair Eng stated that the conditions are approval are set but the reality is that when the use goes into operation it is a different reality. She commented that if the City is in the position to help from the beginning let's try to do that because we want businesses to stay and be successful. Chair Tang stated he would anticipate that if Republic Services were to service the units and saw trash and debris all over the receptacles then they would contact the City or property owner and let them know additional receptacles were necessary. Community Development Director Kim asked Assistant Planner Wong to read Condition of Approval number 17. Assistant Planner Wong read, "The site shall be maintained in a clean, weed and litter-free state, in accordance with the Rosemead Municipal Code Sections pertaining to the storage, accumulation, collection, and disposal of garbage, rubbish,trash, and debris". Community Development Director Kim stated as part of this Conditional Use Permit approval, staff does have that maintenance requirement,so if in the future there is a problem,they can always refer back to this condition of approval, which was approved this evening. Commissioner Herrera commented the Planning Commission also needs to be the eyes and contact Code Enforcement if you see something. She added she has done this in the past and Code Enforcement is really helpful and prompt. Chair Tang asked if there were any further matters. None 7. ADJOURNMENT Chair Tang adjourned the meeting at 7:38 pm. 7 The next regular Planning Commission meeting will be on Monday, July 1,2019 at 7:00 pm in the Council Chambers. ih John Tang Chair A EST/�: L QkX e Rachel Lockwood Commission Secretary 8