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PC - Minutes - 03-18-24Minutes of the PLANNING COMMISSION MEETING March 18, 2024 The regular meeting of the Planning Commission was called to order by Chair Berry at 7:00 PM PLEDGE OF ALLEGIANCE — Chair Berry INVOCATION — Commissioner Ung ROLL CALL — Commissioners Lopez, Commissioner Ung, Vice -Chair Escobar, Chair Berry. Commissioner Tang was absent. STAFF PRESENT — Deputy Director of Community Development Valenzuela, Associate Planner Lao, Chief of Police Tiwari, and Commission Liaison Lam EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney Stephanie Gutierrez presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE There being no comments, Chair Berry opened and closed the Public Comment period. 3. PUBLIC HEARINGS A. DESIGN REVIEW (DR) 20.08 and Tentative Tract Map 83027— Kim Tu has submitted a Design Review and Tentative Tract Map application, requesting to utilize the City's Small Lot Ordinance for the subdivision of one parcel into ten small lots. Each lot will contain one, two-story single-family dwelling unit with an attached two -car garage. The proposed project will also consist of new site improvements, which includes landscaping, lighting, and solid waste and recyclable material collection facilities. Per Rosemead Municipal Code Section 17.12.030(2)(g), the granting of a Discretionary Site Plan and Design Review and Tract Map is required for a small lot subdivision. The subject site is located at 4316 Muscatel Avenue (APN: 5391-010-017) in the Medium Multiple Residential (R-3) zone. CEQA — Section 15332 of the California Environmental Quality Act exempts projects characterized as in- fill development if the project meets the following conditions: 1) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, 2) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, 3) The project site has no value as habitat for endangered, rare or threatened species, 4) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and 5) The site can be adequately Rosemead Planning Commission Meeting Minutes of March 18, 2024 1of8 served by all required utilities and public services. Accordingly, TTM 83027 and DR 20-08 are classified as a Class 32 Categorical Exemption pursuant to Section 15332 of CEQA guidelines. STAFF RECOMMENDATION — It is recommended that the Planning Commission ADOPT Resolution No. 24-02 with findings (Exhibit "A") and APPROVE Design Review 20-08 and Tentative Tract Map 83027, subject to the 75 conditions outlined in Attachment "A" attached hereto. Associate Planner Lao presented the staff report Chair Berry opened the Public Hearing. Vice -Chair Escobar commented that the VMT analysis shows less impact, and the parking requirements are met. The project is consistent with the general plan policy, as well as the zoning designation, therefore, she had no additional comments. Commissioner Ung asked if there is anything that swayed them to go towards small lots versus condominiums, when there is a potential for greater number of units if they did attached condominiums. Associate Planner replied that she can defer that question to the applicant's architect. Commissioner Lopez asked what the total square footage of these small lots were. Associate Planner asked if Commissioner Lopez is referring to the lot size. Commissioner Lopez replied that he is referring to the size of the homes and the lot size. Associate Lao stated the lot size varies from 2,878 to 4,762 square feet. The square footage for each home is 1,919 square feet. Chair Berry opened the floor to the applicant to speak. The applicant's representative, Eric Tsang, stated his name and introduced himself as the applicant's architect for the project. He responded to Commissioner Ung's question regarding why they chose to do a small lot subdivision rather than a condominium. He said they wanted to do a small lot subdivision because they can do a bigger size unit compared to a condominium. In addition, they are able to subdivide the lot without a common lot line. Chair Berry commented that they could create more units with apartments. Mr. Tsang answered and said they would rather have single lots than condominium air -rights that eliminates the common driveway, so there is no need for HOA. He added, they would all have their own parcel. Chair Berry asked what the current situation with the currant resident is and questioned if they have an option to buy and whether they are the current owners or renters. Mr. Tsang replied that there are currently renters at the property, and they are more than welcome to purchase the homes when the project is completed. Commissioner Ung commented that the terminus of the driveway is facing the trash enclosure. She suggested hiding it away with some landscaping because it is visible from the street. Rosemead Planning Commission Meeting Minutes of March 18, 2024 2 of 8 Mr. Tsang replied that they will review that and can have trash enclosure turned to the side Seeing no additional questions, Chair Berry asked if there were any public comments. A Rosemead resident in the audience had a comment and was asked to come up to the podium to speak. The resident wanted to know what is going to happen to the current resident on the property that is currently being remodeled. Chair Berry asked the resident if they are current residents on the property and stated the Applicant will be the only person who can answer your question. City Attorney Gutierrez responded that we could take their question and have the applicant come up and answer the question. Mr. Tsang responded that after the hearing, there will approximately four months before commencement of the built out. He said the landlord will notify the current resident of the relocation process. He added the estimated construction time will be four to eight months from today. Chair Berry commented that the owner will be able to discuss these issues with the current resident on the property. There being no additional questions or public comments, Chair Berry closed the hearing period and requested for a motion and a second motion. ACTION: Chair Berry motioned to approve, and Commissioner Ung seconded the motion to adopt PC Resolution 24- 02. Vote resulted in: Ayes: Berry, Escobar, Lopez, and Ung Noes: None Abstain: None Absent: Tang Vote resulted in 4 Ayes, 0 Noes 1 Absent Associate Planner Lao presented the staff report B. Conditional Use Permit 23-02 and Public Convenience or Necessity 23-01 — Gia Trieu has submitted an application for a Conditional Use Permit requesting to operate a live music and dance lounge with a new On -Sale Beer and Wine — Public Premise (Type 42) Alcoholic Beverage Control (ABC) License. In addition, the applicant has submitted a Public Convenience or Necessity application requesting that the City of Rosemead determine that the issuance of a Type 42 ABC License for CUP 23-02 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 site is located at 8518 Valley Boulevard, Unit #110 (APNs: 5371-010-803 and 5371-010-805), in a Medium Commercial with a Design Overlay (C -3/D-0) zone. Rosemead Planning Commission Meeting Minutes of March 18, 2024 3 of CEQA— Section 15301 of the California Environmental Quality Act guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Accordingly, Conditional Use Permit 23-02 and Public Convenience or Necessity 23-01 are classified as Class 1 Categorical Exemptions, pursuant to Section 15301 of California Environmental Quality Act guidelines. STAFF RECOMMENDATION — It is recommended that the Planning Commission ADOPT Resolution No. 24-03 with findings (Exhibit "A") and APPROVE Conditional Use Permit 23-02 and Public Convenience or Necessity 23-01, subject to the 34 conditions outlined in Attachment "A" attached hereto. Chair Berry opened the Public Hearing. Vice Chair Escobar commented that parking requirements are met and noted by the Chief of Police that there are no problems in the area, so she had no additional questions. Commissioner Ung questioned what the operation of the establishment is and questioned if the alcohol is being served as a side refreshment or will that be their main source of income for the establishment. Associate Lao confirmed that the applicant is expanding their business operations Commissioner Lopez asked how many liquor licenses are in this vicinity. Associate Lao responded that she has data from the census tract. She said the business is in census tract 8313 and there are approximately 15 alcohol licenses in that area and all the licenses are for restaurants. She added this would be the first Type 42 in the City of Rosemead. Commissioner Lopez asked Chief of Police Tiwari if that area has had any problems and if there is another establishment that serves alcohol. Chief of Police Tiwari responded that they checked the crime data in that area, as of right now, we don't have any for that area that exist for that type of establishment. He added that it's business oriented, restaurants and businesses type of use, so not typically residential that are having those types of crimes. He also said businesses that do have alcohol licenses are restaurants, so they do not receive crime calls. He also said typical calls usually deals with failure to pay the bill, nothing related to fights, assault, or domestic related calls. Commissioner Ung asked what the noise ordinance for this area is because there is a single-family resident behind the establishment. Associate Lao responded that there are conditions of approval that they do have to abide by Chapter 8 of the Rosemead Municipal Code dealing with noise. She added they are in noise zone 2, which is commercial and the noise interval between 10:00 p.m. - 7:00 a.m. is 60 dBA. She added from 7:00 a.m. to 10:00 p.m., they are allowed to make 65 dBA. Chair Berry opened the floor to the applicant to speak. The applicant, Gia Trieu, stated his name and introduced himself as the new owner of the dance studio. He said he is a musician and has been playing for the last 45 years. He added he decided to take over the business from the previous owner. He said there are a lot of the regulars at this establishment, and they expressed their feelings that they would be sad to see this establishment close, so it gave him an idea to take over the business, so that the establishment Rosemead Planning Commission Meeting Minutes of March 18, 2024 4of8 would still be open, and he could continue to play. He also said a lot of the customers at the establishment expressed that they would like an alcohol beverage while dancing and singing. For this reason, he applied for the license. Commissioner Ung asked if the alcohol that will be served be individual wines and beer because she noticed that there is no kitchen on the plans. Mr. Trieu replied that there is no kitchen; there is nothing to wash. The alcohol will be in bottles or cans. Commissioner Ung questioned if there will be disposal cups to serve alcohol. Mr. Trieu responded most likely not, but if the customer's request for cups, we will provide them. Commissioner Ung further inquiry how the alcohol will be stored. Will it be under the counter where the receptionist will be located. Mr. Trieu answered that there will be a main refrigerator in the storage room, where it will be safe. Commissioner Ung asked if liquor was the main source of income. Mr. Trieu replied that liquor is not the main source of income. He said the entrance fee and tips is the main source of income. He confirmed that alcohol is not a big item at their establishment. Chair Berry asked if there would be any food being served. Mr. Trieu responded no, since they do not have a kitchen. Chair Berry commented if there will be packaged snacks. Mr. Trieu stated it has crossed their minds and there may be packaged snacks. Seeing no additional questions, Chair Berry asked if there were any public comments. Staff received a public comment from Resident Michael Nguyen via email and read it. The comment stated, "I am writing on the behalf of notice regarding the public hearing of permitting Gia Trieu the permit to operate live music, dance and on sale beer and wine. I am unable to attend the 18th's hearing however, I am highly against this given the residence living right beside this plaza. This is a safety concern for our community not to mention the additional noise that this will create for us." Commissioner Lopez asked what the operation hours are. Associated Lao replied the hours are Sunday from 6:00 p.m. to 12:00 a.m., Monday 6:00 p.m. to 12:00 a.m., Tuesday and Wednesday — Closed, Thursday 6:00 p.m. to 12:00 a.m., Friday 6:00 p.m. to 12:00 a.m., Saturday 6:00 p.m. to 12:00 a.m. Chair Berry asked if there was anyone in the audience that wished to speak. There being no additional questions or public comments, Chair Berry closed the hearing period and requested for motion and a second motion. Rosemead Planning Commission Meeting Minutes of March 18, 2024 5of8 ACTION: Vice -Chair Escobar to approve and Chair Berry seconded the motion. Vote resulted in: Ayes: Berry, Escobar, Lopez, and Ung Noes: None Abstain: None Absent: Tang Vote resulted in 4 Ayes, 0 Noes 1 Absent Deputy Director Valenzuela explained 10 -day appeal period, which began on March 19th and ends on March 28th at 6:00 p.m. from now until that day. She added to please remove the onsite public hearing notice. 4. CONSENT CALENDAR A. PC MINUTES 02.05.24 Chair Berry request motions to approve the minutes. ACTION: Vice -Chair Escobar to approve and Commissioner Lopez seconded the motion. Vote resulted in: Ayes: Berry, Escobar, Lopez, and Ung Noes: None Abstain: None Absent: Tang Vote resulted in 4 Ayes, 0 Noes, 0 Abstain and 1 Absent. 5. MATTERS FROM STAFF No Matters from staff. 6. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Ung noticed that the current project list on the City's website was outdated. Deputy Directo of Community Development Valenzuela replied that Staff will update the current project list tomorrow Commissioner Ung questioned if the mixed-use project on Strathmore, next to the former auto auction site, rescinded their entitlement and is not moving forward. Deputy Director of Community Development Valenzuela confirmed that was correct. She said a couple City Council meetings ago, the applicant rescinded their application. She added that a letter was submitted stating that it is not economically feasible for them to pursue the project, for this reason, the City Council rescinded the application. Rosemead Planning Commission Meeting Minutes of March 18, 2024 6of8 Commissioner Lopez asked Chief of Police Tiwari if there is an update on the homeless encampment on the bridge. He said he understands that area belongs to the City of EI Monte but is concerned the encampment is getting larger each time he passes by. Chief of Police Tiwari confirmed that bridge belongs to the City of EI Monte. He stated on the Rosemead side, Code Enforcement and SAO Deputies are monitoring the encampment. He said although the bridge is in EI Monte, it is LA County, and has its own judicial police department. He added, every other month, the City does have joint operations with the MET and the Deputies, the City is using resources like L.A. CADA, which is a homeless outreach program that covers the county because they are not within the City of Rosemead, the City cannot do any enforcement of outreach. Commissioner Lopez expressed his concerns that whenever he crosses the bridge, the encampment grows larger. He understands that they have rights, but he has noticed that sometimes there are suspicious activities happening in the neighborhood by the bridge. He said especially if they are walking up to people's driveway and looking in the windows. Chief of Police Tiwari reaffirms Commissioner Lopez concerns, but unfortunately with juristically bounds, we are restricted. Commissioner Lopez asked if Chief of Police Tiwad's team communicate with the EI Monte team. Chief of Police Tiwari responded host team does communicate with EI Monte Police. He added about eight months ago, he did reach out to EI Monte Police Department and has not reached out again because it was a concern with the previous City Manager. He said the City of Rosemead also discussed City limits and jurisdiction boundaries. Commissioner Ung asked if the Sheriffs Department is the appropriate contact if there are homeless encampments around Rosemead. Chief of Police Tiwari answered that the Sheriff is the appropriate contact if they are committing a crime such as trespassing, making fires, and if there are violent crimes. He confirmed that Rosemead has an app that residents can use to submit a request and that request goes to Code Enforcement. He said in addition to Code Enforcement, Rosemead is contracted services with L.A. CADA, but Rosemead is their only responsibility. He informed the Planning Commission that there are two outreach workers from L.A. CADA that report out of the Public Safety Center and are solely responsible for Rosemead. He added that they will contact every single homeless person that they can, displaying capabilities such as getting them an ID and transportation to the DMV. He also added that L.A. CADA's objective is to get them housing services. He then said the Sheriffs Department deals with the criminal element of this issue and if there is an encampment with hazardous materials, and the person accepts services, and they leave the hazardous items behind, Code Enforcement works with Public Works to set up clean-up operations. He also said the Sheriffs Department will assist with the day shift to act like a liaison, they work Monday through Thursday and another team in the evening hours, Tuesday through Friday for a five-day coverage. He said the objective is a joint operation with Code Enforcement, L.A. CADA, Sheriffs Department, and Public Works all working together. Lastly, he said the best application for a non -emergency assistant would be "My Rosemead", which creates a CRM request, and it will be addressed. Chair Berry agreed that it is a great application, and he has used it before. He said the issue was addressed in a timely matter. Chief of Police Tiwad added that you can find the application in the App and can make a request depending on the matter for the Code Enforcement, Homeless matter, or Sheriffs matter. He said if it is a Sheriff and Law Enforcement matter, he receives it directly and it assimilated amongst the team, and they have so many days to close it out. He also said the informant can remain anonymous or can be contacted to be advised of the update. Lastly, he said the Rosemead Planning Commission Meeting Minutes of March 18, 2024 7of8 application is great for graffiti as the objective is to get the graffiti removed within twenty-four hours and if ifs a homelessness matter, it will be directed to L.A. CADA team and the Code Enforcement team. ADJOURNMENT Chair Berry adjourned the meeting at 7:35 p.m. The next Planning Commission Meeting is scheduled for April 1, 2024, at 7:00 PM in the Council Chambers. ATTEST: 0 �s — LinN Lam Administrative Assistant Rosemead Planning Commission Meeting Minutes of March 18,1014 8of8