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PC - Item 4A - Mintues 05-07-12Minutes of the PLANNING COMMISSION MEETING May 7, 2012 The regular meeting of the Planning Commission was called to order by Chair Eng at 7:00 p.m. in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Vice -Chair Ruiz INVOCATION - Commissioner Herrera ROLL CALL - Commissioners Herrera, Hunter, Saccaro, Vice -Chair Ruiz, and Chair Eng ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Community Development Director Ramirez, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Greg Murphy, City Attorney, presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. CITY OF ROSEMEAD HOUSING ELEMENT 2008 - 2014 - State housing law requires local governments to adopt a Housing Element that adequately facilitates the improvement and development of housing to meet the existing and projected housing needs of all economic segments of the community. As the official housing policy document for local governments (and one of the mandatory elements of the General Plan) a Housing Element analyzes existing housing conditions, describes existing and future housing needs, and identifies opportunities for improving and expanding the City's housing supply. The City has been working with GRC Associates in preparing a draft Housing Element for the period 2008 2014. After numerous discussions with the State Department of Housing and Community Development (HCD) and revisions to the Housing Element, HCD has conditionally approved Rosemead's' Housing, Element. HCD indicated in their letter dated April 16, 2012 that the revised draft Housing Element will comply with State Housing Element Law (Article 10.6 of the Government Code) when adopted and submitted to HCD, pursuant to Section 65585(s). Upon Planning Commission approval and City Council adoption of the Housing Element, HCD will certify Rosemead's Housing Element. RESOLUTION NO. 12 -07 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING THE CITY OF ROSEMEAD HOUSING ELEMENT 2008 -2014 AND NEGATIVE DECLARATION AND RECOMMENDING CITY COUNCIL ADOPTION OF THE HOUSING ELEMENT AND SUBMITTING IT TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR STATE CERTIFICATION Staff Recommendation - It is recommended that the Planning Commission take the following actions: 1. Adopt Resolution No. 12 -07 approving the City of Rosemead Housing Element 2008.2014 and Negative Declaration (Attachment "A "); and 2. Recommend City Council adoption of the City of Rosemead Housing Element 2008.2014 and submittal to HCD for State certification. Community Development Director Ramirez presented staff report and introduced John Oshimo, President of GRC Associates. John Oshimo, President of GRC Associates, presented a brief overview of the Housing Element 2008- 2014. Overview topics are as follows: (1) Purpose of the Housing Element (2) Why Rosemead Must Update the Housing Element (3) Future Housing Needs (4) Housing Trends (5) Potential Housing Growth Under Existing Zoning (6) Housing Resources: Example of Vacant Land Development (7) State Housing Law Requirements (8) Key Housing Programs and (9) Next Step. After his presentation he asked the Planning Commission if there were any questions. Commissioner Saccaro referred to "Appendix 'A' Opportunity Sites for Redevelopment and Lot Consolidation" and expressed concern for lack of parking in Rosemead. He asked John Oshimo if parking structures could possibly be built in certain locations to help with parking concerns. Community Development Director Ramirez explained that they would still need to meet any parking requirements and this is only states that sites that potential development could be placed on, but it does not negate them from having to meet any other requirements of our Zoning Code or General Plan. John Oshimo explained that this is demonstrating to the State that here are some sites that could potentially be developed if everything thing is in place. Vice -Chair Ruiz clarified that what the Planning Commission is doing tonight is recommending this item to the City Council for approval because it is a state law requirement that the City needs to fulfill. He added that once City Council approves the Housing Element it will go back to the State and the City will be certified and will then have met the State Law requirement. Commissioner Herrera stated that it is required of all cities. John Oshimo replied that is correct. Chair Eng asked staff if the required housing unit has decreased and if this will take place this year or later. Community Development Director Ramirez replied that will take place in the next Housing Element and the next Housing Element will be due in October of 2013. She explained as soon as this plan is approved by the State and certified then staff will start working on the next Housing Element plan. Chair Eng referred to Program 1 on page 3 of staff report and asked how the term "write- down" works. John Oshimo replied that when developers want to develop, there is encouragement towards developing that property and the agency or city will help with the cost of purchasing the property. Community Development Director Ramirez stated for example; the developer may have to be borrow money with a 10 percent interest rate so they would ask the City to contribute to bring that interest rate down to a lower level so their interest rate is only 3 percent and the agency would buy 7 percent of the loan and write -it down. Chair Eng stated there is no funding for that. John Oshimo explained when Redevelopment funding was available that is how it was used. Greg Murphy, City Attorney, explained there are Community Development Block Grants and other programs that are funded by Redevelopment funds and as of right now will be going back to the State. He stated there are affordable housing advocates that state development funds that were placed for affordable housing should stay for affordable housing. He explained that if the monies come back it will be used in concert with Community Loan Block Grants and Redevelopment Programs, without that the amount of funds that are available to the federal government are limited and the chance that the City participate in bringing in affordable housing is very limited but it is important to put this concept into plan both because the law requires it and because if there are ways to do it, it can help meet those redevelopment requirements. Chair Eng asked if the City currently has an ordinance in place in regards to Density Bonus or is it project specific. Community Development Director Ramirez replied it is required to have the Density Bonus in place but we do not have it currently but the City does abide by it. She explained if a development came in and asked for the Density Bonus we would give it to them based on the State's requirement of what is allowed, but the City does have to have it adopted and in place. Chair Eng referred to Program 3 - Community Housing Development Organization Construction Program of the staff report and asked if the City has worked with any such organizations. Community Development Director Ramirez replied yes, the City has worked with the Rio Hondo Community Development Corporation based in El Monte and they are a non - profit organization that the City has partnered with. She reported they have purchased so far two affordable homes with them within the community using low -mod funds in conjunction with home funds. Chair Eng referred to Program 4 - Elimination of Mobile Home Compatibility Determination of the staff report and asked if the City is legally required to not restrict mobile homes from going into R -1 or R -2 residential zones. John Oshima explained that the City will eliminate the requirement of compatibility determination for mobile homes but will still require the normal Planning required review process. Chair Eng asked what type of control the City has to prevent single - family residential areas from becoming a community of apartments with mobile home parks. Greg Murphy, City Attorney, replied from a legal perspective there is not much the City can do, the law is very protective of mobile home parks. He explained single - family residential lots are expensive and you can only fit so many mobile homes on any individual single - family residential lot. It is very difficult for a mobile home park developer to buy out lots to create a mobile home park, but it is possible for someone to buy a lot and instead of building a new house they can put a new manufactured home. He stated that is also protected by state law and that is part of the compatibility determination that the city needs to eliminate, because the law favors house ownership even if it is in a mobile home park. He advised that the city needs to be careful that they do not prohibit or unduly discriminate against mobile home parks and the Housing Element Update does that in a very good fashion. Vice -Chair Ruiz asked if the city already has designated areas for Mobile Home Parks, does that meet the state law. Greg Murphy, City Attorney, replied no and explained what that the current zoning code provides. Chair Eng referred to Program 5 — Adequate Sites Monitoring of the staff report, read a sentence in the last paragraph on page 4 and asked staff to clarify. Community Development Director Ramirez explained that if a developer comes in with a mixed -use development, it means that staff itself will encourage some of the units that they are building for the residential components be designated for certain income categories. to assist us in meeting our RHNA numbers. Chair Eng referred to Program 8 - Single Room Occupancy of the staff report and asked if the city can designate where those type of units are located. John Oshimo replied yes, they are to be located in the C -3 zone. Chair Eng asked if it can be restricted where they are located. John Oshimo replied there is a Conditional Use applied with this as well. Chair Eng stated she is looking at the R -1 area with Condominiums and PUD's where rooms are sublet out. Greg Murphy, City Attorney, stated they are only allowed in the C -3, CDB, and M -1 zones. Chair Eng referred to page? of staff report and asked what staff is looking for and how will it be processed when it comes to the term "relax parking standards ". Community Development Director Ramirez explained that it deals with the reasonable accommodation act. They would have to request this and it would have to be a reason to show that there is a need for it, for example it may be a disabled person requesting a parking space designated in a location where it may not normally be allowed to be permitted. Chair Eng asked for clarification of the process and asked if staff be doing a Variance. FAI Greg Murphy, City Attorney, replied it would not be permitted as a Variance, for example an apartment building had enough parking on the site based on its current needs and codes when it was built, but you have one or two tenants with special needs that wanted to come in, those special needs will require ramps and additional on -site handicap spaces. Staff could make those accommodations to allow one fewer space or whatever is necessary for that house in order to accommodate the housing for people with special needs. That is what is necessary to afford persons with disabilities equal opportunity to use and enjoy the dwellings, so those are the kinds of accommodations that we need to provide for as a City. They are considered reasonable accommodations and the City needs to work with the disabled community to make sure the City is not discriminating against them. Chair Eng asked how many M -1 zones are in the city of Rosemead. Community Development Director Ramirez replied she did not have that information. Chair Eng asked if there are any additional questions for staff. None Chair Eng opened the Public Hearing and asked if anyone wished to speak on this item. None Chair Eng closed the Public Hearing and asked for a motion. Commissioner Diana Herrera made a motion, seconded by Vice Chair Victor Ruiz, to approve: 1. Adopt Resolution No. 12 -07 approving the City of Rosemead Housing Element 2008.2014 and Negative Declaration (Attachment "A "); and 2. Recommend City Council adoption of the City of Rosemead Housing Element 2008 -2014 and submittal to HCD for State certification. Vote resulted in: Yes: Eng, Herrera, Ruiz, Saccaro No: None Abstain: None Absent: Hunter 4. CONSENT CALENDAR A. Approval of Minutes - March 5, 2012 B. Approval of Minutes - March 19, 2012 Commissioner Herrera made a motion, seconded by Vice -Chair Ruiz, to approve the Consent Calendar as presented. Vote resulted in: Yes: Eng, Herrera, Ruiz, Saccaro No: None Abstain: None Absent: Hunter 5. MATTERS FROM THE CHAIR & COMMISSIONERS Chair Eng thanked staff for their hard work and congratulated Community Development Director Michelle Ramirez on her promotion. 6. MATTERS FROM STAFF None 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, May 21, 2012 at 7:00 p.m. Nancy Eng,, Chair ATTEST: Rachel Lockwood Commission Secretary G7