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PC - Minutes - 02-01-21 Minutes of the PLANNING COMMISSION MEETING February 1,2021 The regular meeting of the Planning Commission was called to order by Chair Lopez at 7:11 p.m. PLEDGE OF ALLEGIANCE—Commissioner Tang INVOCATION—Chair Lopez ROLL CALL—Commissioners Berry, Leung,Tang, and Chair Lopez STAFF PRESENT—City Attorney Thuyen, Director of Community Development Frausto-Lupo, Planning &Economic Development Manager Valenzuela, Assistant Planner Wong, Commission Liaison Huang, and Deputy City Clerk Haworth. 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 Public comments will be received by calling (626)569-2100 or via email at publiccomment@Cityofrosemead.org by 5:00 p.m.You also have the option to email your comment to the provided email address. Please identify the topic you wish to comment in your email's subject line.All comments are public record and will be recorded in the official record of the City. There being no comments, Chair Lopez opened and closed the Public Comment period. 3. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 20-06-Dong Yun Yang has submitted a Conditional Use Permit application to continue the operation of an existing massage establishment under a new ownership located at 9241 Valley Boulevard, Unit 105(APN: 5391.014.017), in the Medium Commercial with a Design Overlay(C- 31D-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 21-01 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 20-06, A REQUEST TO CONTINUE THE OPERATION OF AN EXISTING MASSAGE ESTABLISHMENT UNDER A NEW OWNERSHIP LOCATED AT 9241 VALLEY BOULEVARD, UNIT 105 (APN:5391-014-017), IN THE MEDIUM COMMERCIAL WITH DESIGN OVERLAY(C-3/D-O)ZONE. STAFF RECOMMENDATION-It is recommended that the Planning Commission ADOPT Resolution No. 21-01 with findings,and APPROVE Conditional Use Permit 20-06,subject to the 21 conditions. Assistant Planner Wong presented the staff report. He recommended that the Planning Commission adopt Resolution No.21-01 with findings,and approve Conditional Use Permit 20-06,subject to the 21 conditions. Commissioner Tang asked staff when the business was sold to the applicant. Assistant Planner Wong replied that the business has not officially closed as the transfer of ownership is pending on the approval of the Conditional Use Permit. 1 Commissioner Tang asked what the approximate capacity for the business in terms of how many patrons and employees can occupy the space in any given moment. Assistant Planner Wong responded there are five treatment rooms and they plan to employ five employees. Commissioner Tang inquired about the surveillance conditions based on the recommendation from the Chief of Police and questioned if its permissible for us to include a condition that states video surveillance can be made available to law enforcement upon request. City Attorney Thuyen explained how the Municipal Code has a specific chapter for massage establishments which provides a list of criteria for businesses regulations with the City and this is a standard condition of approval for that. He stated this condition of the permit gives us the ability to request the ownership to cooperate peacefully. Commissioner Tang asked staff if there were any calls to law enforcement on this premise or to this specific business. Assistant Planner Wong replied there were no public safety concerns regarding this site or specific to the business. Chair Lopez asked if the operation hours are from 9:00 a.m.to 10:00 p.m. Assistant Planner Wong answered that is correct. Chair Lopez asked if the existing business is still open or closed, waiting for transfer of ownership, and if it will be limiting the number of clients. Assistant Planner Wong replied its currently closed to the public due to the LA County Public Health Revised Temporary Target Safer at Home Order. He added, as of recently,the order has lifted, however,the business did not reopen. He also noted that the LA County Public Health Order limits the capacity to 25%. Chair Lopez opined that would mean two people at a time. Assistant Planner Wong answered that is correct. There being no further questions, Chair Lopez opened the Public Hearing and invited the owner or representative to speak on their behalf. Speaker Cindy Lam,representing the owner Dong Yun Yang and the manager of the property,stated that this massage establishment has been in business since 2012, and due to COVID-19, the owner cannot sustain the business financially even with help from the landlord.The new owner, Ms.Yang, hopes to continue the same establishment and save job loss by retaining the same employees. Ms. Lam thanked City staff, the Planning Commission, and Police Chief for making this process possible during this challenging time. City Attorney Thuyen recommended asking if there were any public comments for this item. Chair Lopez asked if there was anyone that would like to speak on their behalf or against this establishment. Commission Liaison Huang replied there are no public comments. There being no further questions for the applicant, Chair Lopez closed the Public Hearing. 2 City Attorney Thuyen suggested an additional CEQA exemption be added. He added Class 1 of Section 15301 of the CEQA Guidelines, which applies to existing facilities that are using the same use. He commented that the added exemption would be appropriate since this was a massage establishment and continues to serve as one. Should the exemption apply, the existing use and the decision is only related to permitting with no other changes, City Attorney Thuyen suggested including as part of the motion to also modify the resolution to add Class 1 of Section 15301 of the CEQA Guidelines to the Environmental Determination. Commissioner Tang made a motion, seconded by Commissioner Leung,to ADOPT Resolution No. 21-01, as amended under the Environmental Determination, with findings, and additional findings from City Attorney Thuyen and APPROVE Conditional Use Permit 20-06,subject to the 21 conditions. Vote resulted in: Ayes: Berry, Leung, Lopez,and Tang Noes: None Abstain: None Absent: None Roll call vote resulted in 4 Ayes and 0 Noes. Director of Community Development Frausto-Lupo explained the 10-day appeal process. 4. CONSENT CALENDAR A. PC MINUTES 11-02-20 Commissioner Tang made a motion,seconded by Commissioner Leung,to approve PC Minutes 11-02-20 as presented. Vote resulted in: Ayes: Berry, Leung, Lopez,and Tang Noes: None Abstain: None Absent: None Roll call vote resulted in 4 Ayes and 0 Noes. 5. MATTERS FROM STAFF A. APPOINTMENT OF HOUSING DEVELOPMENT SUBCOMMITTEE MEMBER Director of Community Development Frausto-Lupo stated the Commission had previously selected Commissioner Michael Vuong to represent the Housing Development Subcommittee. She added that Commissioner Vuong has resigned from the Planning Commission and as a result, staff is requesting the Planning Commission to nominate a member from the Planning Commission to be a representative for the Housing Development Subcommittee. Chair Lopez nominated Commissioner Tang,seconded by Commissioner Berry for this nomination. Commissioner Tang thanked Commissioners and accepted the nomination. 3 Chair Lopez made a motion,seconded by Commissioner Berry,to appoint Commissioner John Tang to the Housing Development Subcommittee. Vote resulted in: Ayes: Berry, Leung, Lopez,and Tang Noes: None Abstain: None Absent: None Roll call vote resulted in 4 Ayes and 0 Noes. 6. MATTERS FROM THE CHAIR&COMMISSIONERS A. None 7. ADJOURNMENT The regular Planning Commission meeting scheduled on Monday, February 15, 2021 will be cancelled in observance of President's Day.The next regular Planning Commission meeting is scheduled for March 1, 2021 at 7:00 p.m. in the Council Chambers. Daniel Lopez Chair ATTEST: ( 0, 01 Angelica austo-Lupo Commission Secretary 4