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PC - Item 4A - Minutes of March 1, 2021Minutes of the PLANNING COMMISSION MEETING March 1. 2021 The regular meeting of the Planning Commission was called to order by Chair Lopez at 7:00 p.m. PLEDGE OF ALLEGIANCE — Commissioner Leung INVOCATION — Commissioner Berry ROLL CALL — Commissioners Berry, Leung, Tang, and Chair Lopez STAFF PRESENT — City Attorney Thuyen, Director of Community nt Frausto-Lupo, Planning & Economic Development Manager Valenzuela, Associate Planner Lao, ssio on Huang, and Deputy City Clerk Haworth 1. EXPLANATION OF HEARING PROCEDURES AND City Attorney Thuyen presented the procedure and appeall9pf the 2. PUBLIC COMMENTS There being no comments, Chair Lopez open 'Ofthbc- the Public nt period. 3. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 20-07 — Qing Geng has submitted a Conditional Use Permit application, requesting to reestablish a massage services use located at 9131 Valley Boulevard (APN: 5391-013- 018), in the Central Business District with a Design Overlay (CBDID-0) zone. The massage services use was legally established priorto the City's Zoning Code amendment in 2015 when massage services use was permitted in the CBD zone. The massage establishment is now considered legal nonconforming as a massage services use is only permitted in the Medium Commercial (C-3) zone with an approved Conditional Use Permit (CUP). Although its no longer permitted in the CBD zone, Rosemead Municipal Code Section 17.72.030©, allows a nonconforming use which has been abandoned or has been discontinued for a period of one year to be reestablished. Since the massage services use was discontinued in April 2020, the use may be reestablished with the approval of a CUP. Per Ordinance 956, no massage business or establishment may operate without first obtaining a Conditional Use Permit in accordance with Chapter 17.132 (Conditional Use Permits). The applicant has submitted the Conditional Use Permit application within one year since the nonconforming use was discontinued. PC RESOLUTION 21--1 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 20-07, A REQUEST TO REESTABLISH A MASSAGE SERVICES USE LOCATED AT 9131 VALLEY BOULEVARD (APN: 5391-013-018), IN THE CENTRAL BUSINESS DISTRICT WITH DESIGN OVERLAY (CBDID-0) ZONE. STAFF RECOMMENDATION: It is recommended that the Planning Commission ADOPT Resolution No. 21-02 with findings, and APPROVE Conditional Use Permit 20-07, subject to the 23 conditions. City Attorney Thuyen stated Item No. 3A is being pulled and tabled for further evaluation. B. MODIFICATION 20-03 AND PUBLIC CONVENIENCE OR NECESSITY (PCN) 20-01 — 7 -Eleven, Inc., has submitted a Modification (MOD) application requesting to amend Conditional Use Permit 14-01 which was approved by the Planning Commission on December 7, 2015. Specifically, the applicant is proposing to amend Conditions of Approval No. 1, 38, 39, and 41 to permit retail alcohol sales with an Off -Sale General (Type 21) Alcoholic Beverage Control (ABC) License, remove Condition of Approval No. 38, extend the sale of alcohol from 6:00 a.m. to 2:00 a.m., and permit the sale of single cans or bottles of alcohol, respectively. Per Rosemead Municipal Code Section 17.120.110, the proposed change may only be approved by the original review authority for the project through a modification permit application filed and processed in compliance with Chapter 17.120. In addition, 7 -Eleven, Inc. has submitted a Public Convenience or Necessity (PCN) application requesting that the City of Rosemead determine that the issuance of a Type 21 ABC License for MOD 20-03 will serve the public convenience or necessity, as required by the State Department of ABC when a project site is located within a census tract with an undue concentration of alcohol licenses and/or a crime reporting district with an undue concentration of crime. The project site is located at 9701 Valley Boulevard (APN: 8577- 009-026) in a Medium Commercial with Residential/Commercial Mixed -Use Development and Design overlays (C-31RC-MUDOID-0) zone. PC RESOLUTION 21--3 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 20-03 FOR THE AMENDMENT OF CONDITIONAL USE PERMIT 14-01 MODIFYING CONDITIONS OF APPROVAL NO. 1, 38, 39, AND 40 AND PUBLIC CONVENIENCE OR NECESSITY 20-01, A REQUEST THAT THE CITY OF ROSEMEAD DETERMINE THAT THE ISSUANCE OF A TYPE 21 ABC LICENSE FOR MODIFICATION 20-03 WILL SERVE THE PUBLIC CONVENIENCE OR NECESSITY, LOCATED AT 9701 VALLEY BOULEVARD IN THE MEDIUM COMMERCIAL WITH RESIDENTIALICOMMERCIAL MIXED-USE DEVELOPMENT AND DESIGN OVERLAYS (C-31RC-MUDOID-0) ZONE (APN: 8577-009-026). STAFF RECOMMENDATION: It is recommended that the Planning Commission ADOPT Resolution No. 21-03 with findings, and APPROVE MOD 20-03 and PCN 20-01, subject to the 53 conditions. Associate Planner Lao presented the staff report. She recommended that the Planning Commission ADOPT Resolution No. 21-03 with findings, and APPROVE PCN3Q-01, subject to the 53 conditions. Commis si staff if not kess was sent o to surrounding residents regarding this item, and if so, approx ow man sidents weed. He noted that back in 2015, many of the residents opposed this item and elopers met wit ents their concern. Associate'Planner Lao replied th�ff followM the notification process and that 22 property owners within the 300 ft. radius were notified of the project. Commissioner Tang asked if there was a courtesy notice sent to those that the Developers met with during the community briefing time. Associate Planner Lao responded no such courtesy notice was provided. Chair Lopez inquired if there have been any calls to law enforcement within the general vicinity of 7 -Eleven, and if so, what were they. Associate Planner Lao responded yes, according to Lieutenant Duong's report, there are six reports within the general area: • August 13, 2020 - Deputies responded to the location regarding a beer theft. The suspect stole beer and was seen drinking near the location and arrested for drinking alcohol in public. The victim was non -desirous of pressing charges for theft. • July 31, 2020 - Deputies responded to the location regarding a fight - non -related to alcohol. • June 5, 2020 - Deputies responded to the location regarding a business disturbance. Suspect was detained and arrested for the possession of a knife - non -related to alcohol. • May 16, 2020 - Deputies responded to the location regarding a robbery. The two suspects entered the location and stole numerous items and fled the location. • January 20, 2020 - Deputies responded to the location regarding a business disturbance. Suspect was acting strange and was in possession of a knife. Deputies detained the suspect and arrested him for parole violation and drunk in public. • December 21, 2019 - Deputies conducted a pedestrian stop at location and arrested a suspect for possession of a controlled substance. Chair Lopez expressed concern for the incidents occurring in the d stated 7 fault for these surrounding incidents as they follow the procedulgW Commissioner Berry asked staff what are the current hour4Whey can ;ohol is not at Associate Planner Lao replied they are currently allowed to se100 a.m. to 11:00 p.m. There being no further questions, Chair Lopez ope e Public THeaandnvited the applicant to speak. Applicant Mohan Singh stated he has been the 7 -Eleven franchisee for the last four years, he has another location on Temple City Boulevard, and is a Reserve with the Los Angeles County Sheriff's Department for the last five years. He asserted that the six incidentsAgolhd are not related to 7 -Eleven and were not pertaining to any alcohol issues. He added ABC sent a few uFaes. e e to ensure IDs were being checked and indicated that they are following all the rules; noted all hie Licensee Education o Icohol and Drugs (LEAD) trained and received special training to sell alcohol Speaker Sherrie Olson, who filed the application, indicates tth he was present five years ago when this application was first presented to the Planning Commission. She addr d Commissioner Tang's question regarding the process and notification. Ms. Olson clarified that residents who opposed the 7 -Eleven were not concerned with the alcohol sales, but rather did not want another 7 -Eleven opening in close vicinity of another location. She said, as part of their application requirement from the California Department of Alcohol Beverage Control, they mailed out notices to property owners within a 500 ft radius and they did not receive any opposition from the neighbors. She explained the original Conditional Use Permit had conditions with the Sheriff's Department, in which 7 -Eleven had to purchase the new license within the neighborhood and noted this license would not increase the original number of beer and wine licenses authorized in the neighborhood. They were also required to purchase another license within a few years. Ms. Olson indicated that they found a liquor store that they can purchase the license and would not be reused in the area. She also indicated that they do not intend on having the alcohol on the sales floor, rather, to keep it in a three feet high lockable cabinet behind the counter, which will not be easily accessible for anyone walking in the store. She added that they would be cancelling the existing Type 20 ABC License and utilize the newly acquired Type 21 ABC License. As a result, there is no net increase in the number of Type 20 or Type 21 ABC licenses in the City, but instead have a net loss of one Type 20 ABC license. In addition, she added notices were sent to the neighbors and informed of the licensing. Ms. Olson expressed that they preserve a well operated store, periodically receive secret shoppers, and have not had any policing issues. 7 -Eleven is requesting to extend their hours, like neighboring markets and liquor stores who are authorized to sell alcohol later. Commissioner Tang asked if the Type 20 ABC License would be sold somewhere else. Ms. Olson replied no, once ABC issues the Type 21 ABC License, the Type 20 ABC License will automatically be cancelled and noted that there are no changes to items in the store. Commissioner Tang inquired what the anticipated volume of alcoholic beverage sales will increase from the hours of 1100 p.m. to 2:00 a.m. He also questioned if it is limited to only wine and beer, but all types of alcohol. Applicant Mohan Singh responded approximately a 5% increase during those three hours. Ms. Olson added it is more of a convenience for customers to grab all they need in top. Commission Liaison Huang indicated there are no public comments. There being no further questions for the applicant or public comment, Chair Lopez c the Public Hearing. 1W Commissioner Tang inquired on the hours of alcohol sale<.to t Plus and Kev's Store. Associate Planner Lao replied T L Market Plus is from 9:p.m., ev's Liquor Sto m 7:00 a.m.to 10:00 p.m., and added that this was the condition placed Commissioner Tang inquired on the hours of sale of alco7-Eleven stores in the City. Associate Planner Lao stated there are three o stores in Rosemead, and they are all open 24 hours, with the hours of 6:00 a.m. to 2:00 a.m. to sell alcoho Commissioner Tang noted this is something for the Commission to discuss for cokstency purposes as three of the 7 - Elevens are allowed sales until 2:00 a.m., versus the small mom and pop liquor stores who have more restrictive hours. Commissioner Berry stal0d this is something we should be cautious of because we are setting precedence for other stores. , Commissioner Tang made a motion, seconded by Commissioner Leung, to ADOPT Resolution No. 21-03 with findings, and APPROVE MOD 20-03 and PCN 20-01, subject to the 53 conditions. in: Ayes: Berry, Leung, Lopez, and Tang Noes: %oneAbstain: Absent: Roll call vote resulted iiljes and 0 Noes. Director of Community Development Frausto-Lupo explained the 10 -day appeal process. 4. CONSENT CALENDAR A. PC MINUTES 02-01-21 Commissioner Leung made a motion, seconded by Commissioner Berry, to approve PC Minutes 02-01-21 as presented. 4 Vote resulted in: Ayes: Berry, Leung, Lopez, and Tang Noes: None Abstain: None Absent: None Roll call vote resulted in 4Ayes and 0 Noes. 5. MATTERS FROM STAFF Director of Community Development Frausto-Lupo introduced and who will be assisting at the Planning Commission meetings. Planning Commissioners Berry, Leung, Tang, and Chair Lopez Ms. Huang noted she is happy to be a part of the team. 6. MATTERS FROM THE CHAIR & COMMISSION Commissioner Tang inquired about the agenda. City Attorney Thuyen asserted that more time is application. Assistant Janice Huang pulled from tonight's other options to process the Commissioner Tang providedApte on the Housing Develop"mein!W#mmittee meeting he had with Council Members and City staff. He noted there is a lot of work being done in terms of analyzing the City's zoning policy, as well as, what we need to do to meet the State's Regional Housing Needs Assessment (RHNA) numbers in terms of adequate housing and affordable housing for the growth of the population. In addition, they received creative feedback from the City's consultants on how tg carry this out. In the upcoming City Council and Planning Commission Joint meeting, Co�"ers will be av preview this as well. munity Development Frausto-Lupo reminded the Planning Commissioners of the City Council and ission Special Joint Meeting on arch 91h, at 6:00 p.m. MENT Chair Lopez adjourned the meeting at 7:31 p.m. The next regular Planning Commission meeting is scheduled for March 15, 2021 at 7:00 p.m. in the Council Chambers. Daniel Lopez Chair ATTEST: Angelica Frausto-Lupo Commission Secretary