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PC - Item 4A - Minutes 11-19-12Minutes of the PLANNING COMMISSION MEETING November 19, 2012 The regular meeting of the Planning Commission was called to order at 7:00 p.m., by Chair Ruiz in the Council Chambers, 8838 E. Valley Boulevard, California. PLEDGE OF ALLEGIANCE - Commissioner Herrera INVOCATION - Commissioner Eng ROLL CALL - Commissioners Eng, Herrera, Saccaro, and Chair Ruiz ABSENT — Vice -Chair Hunter ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Community Development Director Ramirez, Planning Technician Casillas, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Greg Murphy, City Attorney, presented the procedures of the meeting and explained there will not be any appeal of the items tonight because they are both advisory items being recommended to the City Council. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 31111111111 f@1:1:F_1NIznn A. GENERAL PLAN AMENDMENT 11.02, ZONE CHANGE 11.02, AND MODIFICATION 12.01- General Plan Amendment 11 -02 will change the dual land use designations from Commercial and Medium Density Residential to Medium Density Residential. Zone Change 11 -02 will change the dual zoning designations from P (Parking) and R -2 (Light Multiple Residential) zones to R -2 (Light Multiple Residential)' zone. Modification 12.01 will modify existing Condition Use Permit 86.350 requesting to construct a new 2,4118square foot Buddhist Temple located at 2751 Del Mar Avenue. PC RESOLUTION 12.21 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 11 -02, CHANGING THE DUAL LAND USE DESIGNATIONS FROM COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL, AND ZONE CHANGE 11.02, CHANGING THE DUAL ZONING CLASSIFICATIONS FROM P (PARKING) AND R -2 (LIGHT MULTIPLE RESIDENTIAL) ZONES TO R -2 (LIGHT MULTIPLE RESIDENTIAL) ZONE AND APPROVING MODIFICATION 12.01 REQUESTING TO CONSTRUCT A NEW 2,408 SQUARE FOOT BUDDHIST TEMPLE, LOCATED AT 2751 DEL MAR AVENUE. STAFF RECOMMENDATION - It is recommended that the Planning Commission ADOPT Resolution No. 12 -21, as well as recommend that the City Council APPROVE Resolution 2012 -74 and ADOPT the Mitigated Negative Declaration, amending the General Plan Land Use Map and the Zoning Map and allowing the construction of a 2,408 square foot Buddhist Temple. General Plan Amendment 11.02 will change the dual land use designations from Commercial and Medium Density Residential to Medium Density Residential. Zone Change 11.02 will change the dual zoning designations from P (Parking) and R -2 (Light Multiple Residential) zones to R -2 (Light Multiple Residential) zone. Planning Technician Casillas presented staff report. Chair Ruiz asked the Planning Commission if they had any questions for staff. Commissioner Saccaro referred to Exhibit "D" item 20 and asked if there will be more than forty -four (44) persons at a time for several occasions. Planning Technician Casillas explained that the prayer area is limited in size to forty -four (44) people. Community Development Director Ramirez added that if there is an event where more than forty -four (44) persons will attend that the applicant would have to contact the Planning Division to apply for a Special Event permit. She explained a few conditions that would trigger a Special Event permit (i.e. number of people attending, music, and sound). Commissioner Saccaro asked if the forty -four (44) people only apply to the internal of the building. Planning Technician Casillas replied yes. Commissioner Eng asked if there is a Condition of Approval that if it exceeds the maximum occupancy of forty -four (44) people it is required that they contact staff to obtain a Special Event permit. Planning Technician Casillas replied no, the interior of the building is limited to forty-four (44) occupants in the prayer area based on size alone due to safety issues. She explained if there are special events or ceremonies that will include larger members of their community it will need to be held outside of the building. Commissioner Eng asked if that is when the applicant will have to come in to obtain a Special Event permit. Community Development Director Ramirez replied it may be possible, but they would have to meet certain conditions (i.e. more than 500 in attendance, live music /entertainment, or if they need to use city services such as the Sheriffs Department) for a Special Event permit to be, issued. She added these are the same conditions that would apply to anyone wishing to obtain a Special Event permit. Chair Ruiz stated according to the Rosemead Municipal Code a Special Event permit would need to be obtained. He asked staff if the color of the rod iron rail which is currently yellow will remain the same color. Planning Technician Casillas replied no and explained new fencing is being proposed along the front and it will be painted black. Commissioner Eng asked if all the food preparation and cooking will be done indoors once the new building is built. Planning Technician Casillas replied yes. Chair Ruiz referred to Condition of Approval number eight (8) and made a correction and stated that it should read; "6" tall with a minimum character width of 3/4 "." Planning Technician Casillas agreed to the correction. Chair Ruiz opened the Public Hearing and invited the applicant to the podium. 2 Frank Nguyen, architect for the applicant, and Hoa Nguyen, representative for the applicant, stated they are present to answer any questions the Planning Commission may have. Chair Ruiz asked if the Planning Commissioners had any questions for the representatives. Commissioner Eng asked where their members currently park for large gatherings. Frank Nguyen replied they have three (3) events per year and members park in the commercial lot across the street and in the neighborhood. Juan Nunez, resident, asked if there is enough parking for this proposed project. Chair Ruiz replied yes according to the Rosemead Municipal Code they do. , Chair Ruiz asked if there were any further questions or comments from the public. None Chair Ruiz closed the Public Hearing and asked if the Planning Commission had any further questions or comments Commissioner Herrera commented that it sounds like there is a maximum of one hundred (100) when there is a special event, it will not impact the community, and meets the parking requirement. Chair Ruiz asked the Planning Commission if there were any other comments- None Chair Ruiz asked for a motion Commissioner Eng made a motion, seconded by Commissioner Herrera, to ADOPT Resolution No. 12.21, as well as recommend that the City Council APPROVE Resolution 2012.74 and ADOPT the Mitigated Negative Declaration, amending the General Plan Land Use Map and the Zoning Map and allowing the construction of a 2,408 square foot Buddhist Temple. General" Plan Amendment 11 -02 will change the dual land use designations from Commercial and, Density Residential to Medium Density Residential. Zone Change 11.02 will change the dual zoning designations from P (Parking) and R -2 (Light Multiple Residential) zones to R -2 (Light Multiple Residential) zone. Vote resulted in: Yes: Eng, Herrera, Saccaro, Ruiz No: None Abstain: None Absent: Hunter Greg Murphy, City Attorney, explained that there is no appeal and instead this is a recommendation to City Council. He stated that staff will let the Planning Commission know when the matter is scheduled to go before the City Council. He added because there are two (2) items (Zone Change and Modification) there will be two hearings before the City Council in order to move the ordinance through and staff will let the Planning Commission know when the first one will be heard. B. MUNICIPAL CODE AMENDMENT 12.01, AMENDING THE ROSEMEAD MUNICIPAL CODE TO ADD REGULATIONS PERTAINING TO THE LICENSING AND OPERATION OF HOME OCCUPATIONS IN THE W CITY OF ROSEMEAD - Municipal Code Amendment 12.01 consists of City of Rosemead initiated amendments to revise Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Rosemead Municipal Code. The purpose of the amendments is to allow home occupations as an incidental, accessory use in the R -1 (Single - Family Residential), R -2 (Light Multiple Residential), R -3 (Medium Multiple Residential), and RC -MUDO (Residential /Commercial Mixed Use Development Overlay) zoning districts. The regulations and procedures set forth in Municipal Code Amendment 12.01 are intended to ensure that home occupations are compatible with the character of the City of Rosemead's residential neighborhoods. The regulations are designed to ensure that approved home occupations will not disrupt, become a nuisance, disturb, or modify the character of the residential areas within the City of Rosemead. PC RESOLUTION 12.20 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE A NEGATIVE DECLARATION AND ADOPT MUNICIPAL CODE AMENDMENT 12 -01 ADDING NEW CHAPTER 5.41 TO THE ROSEMEAD MUNICIPAL CODE PERTAINING TO THE LICENSING AND REGULATION OF HOME OCCUPATIONS, AND AMENDING CHAPTERS 17.16, 17.20, 17.24, AND 17.74 OF THE ROSEMEAD MUNICIPAL CODE PERTAINING` .TO THE ZONING REQUIREMENTS FOR HOME OCCUPATIONS. STAFF RECOMMENDATION - It is recommended that that the Planning Commission ADOPT Planning Commission Resolution No. 12.20, a resolution recommending that the City Council ADOPT Ordinance No. 925 adding Chapter 5.41,to the Rosemead Municipal Code pertaining to the licensing and regulation of home occupations and: amending Chapters 17.16, 17.20, 17.24, and 17.74 of the Rosemead Municipal Code pertaining to the zoning requirements for home occupations. Community Development Director Ramirez presented staff report. Chair Ruiz asked the Planning Commission if they had any questions for staff. Commissioner Eng asked how many neighboring cities have this ordinance. Community Development Director Ramirez replied Alhambra, El Monte, Montebello, Monterey Park, and Temple City. Commissioner Saccaro added that the City of Duarte also has this ordinance. Commissioner Herrera asked if this will require the homeowner /applicant to come in and apply for a permit to do business. Community Development Director Ramirez replied it will require that an application be filled out to obtain a home occupation business license.. Commissioner Herrera asked if someone is an office worker doing intemet work would they have to go to City Hall to obtain a permit. Community Development Director Ramirez replied it would require them to obtain a business license, so they can then operate that home occupation out of their home. Commissioner Herrera expressed concern that a large amount of people may be working out of their home. Community Development Director Ramirez stated there is probably a large amount of people doing this illegally already and now they will be able to do it legally. Commissioner Eng asked how it will be distinguished if the use is a home occupation or a hobby. Community Development Director Ramirez replied if they make an income from it, then it is a home occupation. Chair Ruiz stated if it is reported to the I.R.S., then it is a home occupation. Commissioner Eng expressed concern and asked if someone who has an office job and works from home, the only way they can work/telecommute from home, is to come into City Hall to obtain a business license. Community Development Director Ramirez stated if they are telecommuting for one day, then that would be different. She explained if the main function is working out of their home and if the home address if filed with the I.R.S. as their place of business, then it would require a home occupation business license. Commissioner Eng asked if it will be required to show tax files to obtain a home occupation business license. Community Development Director replied no, and explained that is not in the application process at this time. Commissioner Eng expressed concern that this may be difficult because so many people do work from home. Community Development Director Ramirez explained the idea for a home occupation business license is when their home is the primary location where they conduct their business and make an income. She explained having an office elsewhere and simply bringing work home would not require a home occupation business license. Commissioner Eng expressed that it is important to be able to distinguish that because currently many people work from home. Community Development Director Ramirez stated that most of the calls received are from residents that are working from their homes. She explained one of the ways staff will research if a business is being illegally run out of a home is by in- putting the address into the HDL system and determining if sales tax is reported from that address. Commissioner Eng asked if staff has received complaints from residents in regards to businesses ran from homes. Community Development Director Ramirez replied no, but staff does receive calls from residents requesting home occupation business licenses and the city ordinance does not currently allow it. She explained if a home occupation is operating now it is being done illegally. Commissioner Eng asked if someone is doing carpentry from their home as a hobby how will it be distinguished from a home occupation. Community Development Director Ramirez replied if sales tax is being reported from the address then it would be considered a business. Commissioner Eng expressed concern that this item is important but it is also important to preserve the residential quality of residential neighborhoods. She stated when this Ordinance goes into effect she would hope that this does not impede or stifle entrepreneurs ability to innovate and work. Commissioner Saccaro stated this will enhance the opportunity for entrepreneurs to start their businesses because now they will have the opportunity to be able to conduct their business from their home and grow. Community Development Director Ramirez stated that if someone is working from their home once or twice a week the chances are very slim that the the neighborhood would even know it. Commissioner Eng stated business licenses are approved at an administrative level and asked what the options are if the public has a concern with a business licensed that has been issued. Community Development Director Ramirez replied that the Ordinance states that an appeal may filed in the City Manager's office for a hearing. Commissioner Eng commented that the Ordinance refers to a denial of the business license. Community Development Director Ramirez clarified that it does refer to a denial or revocation, and explained that if the public had a concern they would still have the option to file the complaint in the; City Manager's office at anytime regarding any department or concern. ' Commissioner Eng referred to page four (4); item four (4); (Performance ,Standards) of the staff report and asked how would this item would affect homes that have a residency in the front and a business in the near. Planning Technician Casillas asked Commissioner Eng if she is referring to a non - conforming parcel with dual uses. Commissioner Eng replied yes. Planning Technician Casillas explained that the home based business is being put into place to allow businesses to operate, it is not going to allow a business to operate entirely out of a residential home and there will be limitations put on it. She explained where there is a business in the front there is no change to that building, but if there with a small residential home in the back there is no reason why they could not run a home based business and remain a residential use. Commissioner Eng expressed concern that the parcel she is referring to may become a violation under this ordinance. Greg Murphy, City Attorney stated it sounds like it may be a legal non - conforming use because it is legal right now, so the home occupation ordinance would not cause it to become illegal and explained why. Planning Technician Casillas explained that the parcel Commissioner Eng is referring to with dual uses may be on a commercial boulevard, which would then be zoned as commercial and would not be affected by this ordinance. She explained this ordinance is not for commercial zoning and would only affect properties that are zoned as R -1, R -2, R- 3, and mixed -use. Commissioner Eng expressed that the parcel she is concerned with and referring to is on Stingle Avenue. Community Development Director' Ramirez stated staff can contact Code Enforcement to check on the property and see if there is a business that should not be there. Chair Ruiz stated this is one of the reasons why home occupation business licenses are being put into place to be able to distinguish elements, such as the one being discussed, so that Code Enforcement has some leverage. Community Development Director Ramirez explained currently home occupations are not allowed, so if the city received a call the occupant would receive a notice to discontinue the use. Commissioner Eng asked what the current business license fee is. Community Development Director Ramirez replied for a new professional occupation business the fee proposed is one hundred ($100.00) dollars and the yearly renewal fee proposed is fifty ($50.00) dollars. G9 Commissioner Eng asked if residents will be charged the same fee for home occupations as the commercial business owner. Community Development Director Ramirez replied they will be charged as a professional occupation fee and explained there are different fees for different businesses. Commissioner Eng expressed concern with the fee for home occupations. She explained the volume of a home business may not be on the same scale of a storefront and the fee may not be equitable for a home occupation fee. Community Development Director Ramirez read a list of other surrounding cities which require home based business license procedures and included their initial fees and renewal fees. Commissioner Herrera asked if those fees also included commercial business license fees. Community Development Director Ramirez replied no, the survey only included home occupation business licensing. She also stated that the fees will be presented to City Council for approval. Commissioner Eng stated because home occupations is being implemented, for the first time it is important that the Planning Commission discuss the fees. Commissioner Herrera expressed that home occupations will not have the same expenses as a storefront such as rent or other necessary fees. She added the fee set for home occupations does not sound unreasonable. Commissioner Eng referred to the Ordinance 5.41.090 on page seven (7) letter (0) and read number four (4) and asked if crafts that are sold on -line will that be allowed. Community Development Director Ramirez.replied yes, they will be permitted and explained the idea is to keep foot traffic away from coming into the home and doing actual sales from the home. Commissioner Eng referred to,5.41.120 Appeals, page nine (9), and read item (D) and asked what California Code of Civil Procedure Section 1094.8 is and what does it remedy. Greg Murphy,;City Attorney, explained it is the ability to seek a writ of mandate stating that the final administrative decision was'unfair, inequitable, or illegal and explained the reasoning of why it was added. Commissioner Eng clarified that if the person appealing is not satisfied with the appeal decision then they have the option to take it to court. She referred to page ten (10), 5.41.140 under Violations and read item (C) and asked for clarification on what will happen if the nature of the business is illegal. Greg Murphy, City Attomey; 'explained that if the activity is criminal or illegal in nature, it is so because it violates a portion of the Penal Code or another statue. He stated it is not criminal because it violates the city's ordinance here; this is a limitation on the manner in which the city would go through the code enforcement process as to a violation of this code. He stated this is not saying the city will not use its criminal code enforcement powers but will consider anything of a civil or administrative function. Commissioner Eng asked if this will preclude the city's ability to pursue illegal activities. Greg Murphy, City Attorney, replied no. Commissioner Eng referred to page eight (8), 5.41.100 Prohibited uses, and asked if the list is examples or are these the particular items that are prohibited. Community Development Director Ramirez replied this is a list of prohibited activities and it states examples so there may be additional occupations added. Commissioner Eng stated that Brian Lewin resident of Rosemead submitted a letter with his comments. Community Development Director Ramirez stated the Public Hearing will need to be open before those comments are admitted. Chair Ruiz opened the Public Hearing and handed the Planning Commission a copy of Brian Lewin's comments that was e- mailed to Community Development Director Ramirez. Greg Murphy, City Attorney, stated this will be entered into the record with respect to the Planning Commissioners decision tonight and the record that will before the City Council when it receives the Planning Commission's recommendation. Chair Ruiz asked the Planning Commission if there were any questions or comments on Brian Lewin's comments. Commissioner Eng stated Brian Lewin's comment about the commercial vehicle permit and asked how it can be resolved under this ordinance. Community Development Director Ramirez referred to Brian Lewin's document and stated that it makes a comment regarding a commercial vehicle residential parking permit program. She stated that she has spoken with the Chief of Police and the Assistant City Manager and there is currently no such program nor is there one being developed at this time. Chair Ruiz asked for clarification on what the current commercial vehicle code is. Community Development Director Ramirez stated that parking on public streets is not being addressed and for home occupations commercial vehicles must be parked on their premises. Commissioner Eng commented that Brian Lewin's comment was in reference to an ordinance that City Council passed and that the program has not been developed and asked if there was a statue in place in regards to that. Community Development Director Ramirez replied no and explained under the Municipal Code there is a section that talks about any overweight vehicle (more than 6000 Ibs or more or eighty (80) inches in width) can be cited. She stated for home occupations we are talking about vehicles being parked on the premises and not the public right -a- way. Commissioner Eng asked about Brian Lewins comment in regards to the food service. Community Development Director Ramirez replied that she has spoke with both the State and County Department of Public Health and also with the County and they both have indicated that doing any type of catering from the home is very difficult to get it approved for several reasons. She stated you must have a certified commercial kitchen and you must also meet all of California's environmental safety, electrical, plumbing, ventilation, and waste management codes including the installation of grease inceptors. She added that Brian Lewin did make one notation under "Prohibited uses for boat repair" and request that it be changed to read, "Testing, maintenance, repair, towing, or storage of any boat, aircraft or motorized vehicle ". Community Development Director Ramirez stated that staff is not opposed to changing this if the Planning Commission wishes to. Commissioner Eng expressed concern with residents who would like to detail their car at home as a hobby. 3 Community Development Director Ramirez stated this is strictly for anyone applying for a home occupations license. Commissioner Eng referred to page 8, 5.41.100 Prohibited Uses, and confirmed what language is being put into place for Boat Repair and Vehicle Repair and asked if the same language will be used. Community Development Director Ramirez replied no, and under "boat repair" is suggesting and it reads "Testing, maintenance, repair, towing, or storage of any boat, aircraft, or motorized vehicle," per Brian Lewin's request. Commissioner Eng stated she has no problem with the change as long as staff feels it is appropriate. Chair Ruiz asked the Planning Commission if they all agreed with this recommendation'. Planning Commissioners Herrera and Saccaro both replied it is a good recommendation. Chair Ruiz stated that change will be made under boat repair and vehicle repair will.remain as is. He closed the Public Hearing and asked for a motion. Commissioner Herrera made a motion, seconded by Commissioner Saccaro, that the Planning Commission ADOPT Planning Commission Resolution No. 12.20; a resolution recommending that the City Council ADOPT Ordinance No. 925 adding Chapter 5.41 to the Rosemead Municipal Code pertaining to the licensing and regulation of home occupations and amending Chapters 17.16, 17.20, 17.24, and 17.74 of the Rosemead Municipal Code pertaining to the zoning requirements for home occupations. Vote resulted in: Yes: Eng, Herrera, Saccaro, Ruiz No: None Abstain: None" Absent: ,,- Hunter 4. CONSENT CALENDAR -., A. Approval of Minutes - October 15, 2012 Commissioner Herrera made a motion; seconded by Commissioner Eng, to approve the Minutes of October 15, 2012 as presented. Vote resulted in: Yes: Eng, Herrera, Ruiz, Saccaro No: None Abstain: None` Absent: Hunter S. MATTERS FROM STAFF None 6. MATTERS FROM THE CHAIR & Commissioner Herrera wished everyone a Happy Thanksgiving. Commissioner Saccaro commented that he is very pleased that home occupation business licensing is finally being implemented and also wished everyone a Happy Thanksgiving. Commissioner Eng asked if Code Enforcement could assist in removing Public Hearing signs that have already taken place. She expressed concern that they are not being removed in a timely manner and they should be removed especially in the commercial corridors. Community Development Director Ramirez replied that staff will remind applicants to remove the Public Hearing Notice signs. She also requested that if the Planning Commissioners see the signs to please contact staff and staff will give the applicants notice. She explained that if they are not removed, then Code Enforcement will be notified. Chair Ruiz requested that political signs be removed also. Community Development Director Ramirez replied if the Planning Commission lets staff know where the signs are located, then a "CRM" will be completed on their behalf. Commissioner Eng requested, if it is possible, that staff give the Planning Commission a brief status of projects that the city has received on a quarterly basis and explained why. Community Development Director Ramirez replied this request is not a problem and can be included in the Planning Commissioner's Agenda packets. Commissioner Eng thanked staff for all their hard'work and wished everyone a Happy Thanksgiving. Chair Ruiz referred to Commissioner Eng's former request for a detailed map of ABC license's in Rosemead and to the ABC website link that was sent to the Planning Commissioners. He commented that he did try to log on to the link and he was unsuccessful in getting a, map. He offered his assistance in helping staff learn how to use various programs such as ArcView, ArcGis or Autocad to create maps. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, December 3, 2012 at 7:00 p.m. ATTEST: Victor Ruiz Chair Rachel Lockwood Commission Secretary 10