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PC - Minutes - 06-04-18Mlinutes of the PLANNING COMMISSION MEETING June 4, 2018 The regular meeting of the Planning Commission was called to order at 7:01 pm by Chair Dang in the City Hall Council Chambers located at 8838 E. Valley Boulevard. PLEDGE OF ALLEGIANCE - Commissioner Eng INVOCATION - Chair Dang ROLL CALL - Commissioners Eng, Herrera, Vice -Chair Tang and Chair Dang ABSENT - Commissioner Lopez STAFF PRESENT - City Attorney Thuyen, Community Development Director Kim, City Engineer Fajardo, Associate Planner Hanh, Assistant Planner Wong, Commission Secretary Lockwood. 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 None 3. PUBLIC HEARINGS A. DESIGN REVIEW 18-01 - Wei Zhi LI has submitted a Design Review application to construct a new two- story single-family dwelling unit with 3,245 square feet of floor area at 3731 Charlotte Avenue (APN: 5371- 003-034). Any new dwellings unitto be constructed that equals orexceeds two thousand five hundred (2,500) square feet of developed living area shall be subject to a Discretionary Site Plan and Design Review. The project site is located in a Single -Family Residential (R-1) zone. PC RESOLUTION 18-08 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 18.01, PERMITTING A NEW 3,245 SQUARE FEET SINGLE-FAMILY DWELLING UNIT WITH AN ATTACHED THREE -CAR GARAGE. THE SUBJECT SITE IS LOCATED AT 3731 CHARLOTTE AVENUE (APN: 5371.003-034), IN SINGLE-FAMILY RESIDENTIAL (R-1) ZONE. STAFFRECOMMENDATION - It is recommended that the Planning Commission ADOPT Resolution No. 18- 08 with findings and APPROVE Design Review 18.01, subject to the 22 conditions. Community Development Director Kim introduced Assistant Planner Kinson'Wong and stated he will be presenting the staff report. Assistant Planner Wong presented the staff report, Chair Dang asked the Planning Commission if there were any questions or comments for staff. None Chair Dang asked the Design Architect to the podium to speak about the project. Kamen Lai, Project Designer, thanked staff, gave a brief summary of the project, and stated that he may answer any questions the Planning Commission may have. He added that the applicant agrees to all the conditions of approval, Commissioner Eng asked if the home would be owner -occupied. Project Designer Lai, replied the home is currently vacant and when completed the property owner will move in, Commissioner, Eng asked how long the property owner has owned the property. Project Designer Lai replied that they just recently purchased the property and maybe it has been six months, Vice -Chair Tang stated it is a beautiful design. Chair Dang stated that he noticed there are many articulations and asked if it was a City requirement or his design. Project Designer Lai, replied some are City requirements and some are their choice. Commissioner Eng stated she appreciates the articulation, and the custom design is nice, which makes the home stand out. Chair Dang opened the, Public Hearing and asked if there was anyone wishing to speak on this item. None Chair Dang closed the Public Hearing and asked the Planning Commission if there were any further comments or questions. None Chair Dang stated articulation is important, this design flows well, and he appreciates that the garage doors are not facing the street,. He added that it is a nice touch that the block wall stucco will match the home and the interlocking pavers helps to beautify the front landscaping. He asked if the trees that being proposed are a City requirement orthe applicant's choice. Project Designer Lai replied it was a combination of both City requirement and their choice. Chair Dang asked staff if the street tree is a City requirement, Assistant Planner Wong replied yes, and explained for every 55 feet of frontage of a development it is required to plant one tree. City Engineer Rafael Fajardo, explained that there is a City Ordinance that when improvements are $10,000, you are required to plant a tree. Chair Dang stated so there is a $10,000 valuation, and:: if the frontage is more than 50 feet it is required to plant a street tree. City Engineer Fajardo stated that is correct. Assistant Planner Wong ciarified that the tree he was referring to is the tree on the private property, Chair Dang asked if the $10,000 requirement is a Public Works requirement, City Engineer Fajardo responded, but it was not audible. Chair bang thanked staff and asked if there were any further comments or quiestions. None tif . M 0 0 of Ayes: Dang, Eng, Herrera, and Tang Noes: None Absta i n: None Absent: Lopez explained the 1 0 -day appeal process, 1201,. 1 1 LIIIIIIIIIIIIIIIIIIINIRT-11111111 1:101444,711 A 11IMKICE'l ZONE. STAFF RECOMMENDATION - It is recommended that the Planning Commission ADOPT' Resolution No, 18,.09 with findings and APPROVE Tentative Parcel Map 8133,4, subject to the 69 conditions. Associate Planner Hanh presented the staff report and stated City Engineer Rafael Fajardo has requested to add additional condifion of approval, i Chair bang asked the Planning Commission if there were any comments or questions for staff. Vice -Chair Tang asked if there are any plans to develop on the proposed parcel that the existing dwelling is not located. Associate Planner Hanh replied the applicant has not submitted any plans fora; residential development but the existing house will have to be remodeled to meet the setback requirements, Vice -Chair Tang asked if the driveway for the existing house will need improvements. Associate Planner Hanh replied yes, and explained the applicant willi have to close off the existing driveway and install a new driveway that will meet Public Works requirements. Chair Dang asked City Engineer Fajardo what is the condition of approval that he would like to add. City Engineer Fajardo replied a fire hydrant is proposed and he would like to add that a 15 feet red curb be in front of the fire hydrant. Chair Dang asked the City Attorney where that might be included in the conditions of approval. City Attorney Thuyen asked the City Engineer Fajardo which section he recommends this be included in the conditions of approval. Community Development Director Kim recommended that Condition of Approval number 70 be added and include a heading stating "Other Conditions". City Attorney Thuyen replied he is amendable to that solution. Vice -Chair Tang also recommended that it could be added to Condition of Approval number 52, which already includes the water hydrant. Associate Planner Hanh stated that City Engineer Fajardo has indicated he would like it added under the heading of "Road Section". Chair Dang asked what number will that be under, Associate Planner Hanh replied it will be number Condition of Approval number 45. Chair Dang stated Condition of Approval number 45 refers to sewers. Associate Planner Hanh replied that one would be moved down and this will be a new condition of approval number 45, City Attorney T'huyen clarified, so it is being proposed that it would be added as Condition of Approval number 45 and renumber the rest accordingly. Associate Planner Hanh replied yes. Chair Dang asked if there were any comments or if this is agreeable to them. Planning Commission accepted the change. Chair Dang asked if there were any further comments or questions for staff, U, None Chair Dang asked the applicant to the podium to speak on the project. Henry Poquiz, from HB Engineering stated he is present to answer any questions. Commissioner Eng asked why the property is being subdivided. Engineer Poquiz replied that the lot is too big and: it originally was two parcels, He explained that the parent tract was merged and the applicant is now just using one portion of that and they are just reverting this to how it was. Commissioner Eng commented that it had been consolidated before. Engineer Poquiz agreed, he explained it had been a lot merge, and currently they want to maximize the lot use, Commissioner Eng commented that the parcel was split so evenly and' looks pretty. Vice -Chair Tang asked how that works when it Ihad been split before and then it was merged together, Engineer Poquiz replied that it use to be two lots and at one time the previous owners merged the two parcels together, so now it is legally one parcel. He stated now the applicant would like to revert it back to two parcels and will have to go through a subdivision process for a Subdivision Map Act. He added you cannot split the parcels without going through the Subdivision Map Act. Vice, -Chair Tang asked how it came about that the parcels had been merged together, Engineer Poquiz replied the previous owners choose to merge the parcels together and when his client bought it, they could see that there was a vacant lot that is not being used. Chair Dang referred to Commissioner Eng's previous question and asked if the vacant lot is going to be developed soon or will it be sold as a vacant lot, Engineer Poquiz replied yes, that is the intent and if the lots are divided, then the applicant may title the lots separately. Chair Dang asked if the same owner will be submitting plans for the, vacant lot. Engineer Poquiz replied yes, Chair Dang asked if there were any further questions or comments for the applicant's representative. None Chair Dang opened the Public Hearing and asked if there was anyone wishing to speak on this item. None Chair Dang closed the Public Hearing and asked if the Planning Commission had any further questions or comments. None Chair Dang asked the City Engineer if this development will have its own street tree. City Engineer Fajardo replied it is required, but in this case there is only an eight -foot driveway, and a tree well is usually 4X4 or 3X3, He added during construction he will send an inspector out to see if it will meet ADA requirements if they install a tree. He exp4ned if they see they cannot install a tree because they do not have the 48 -inch clearance for ADA then the applicant may submit for a "Tree in -Lieu Permit" for a fee of seven hundred and Fifty dollars,. He stated ADA compliance in regards to driveways has been a concern that they have been addressing. Chair Dang asked if when site plans are submitted for the vacant land does Public Works help the applicant decide ideally on where to put the driveway and install the tree. City Engineer Fajardo replied yes, it can be done, but it has to be done during construction to make specific locations, Chair Dang asked if it can Ibe done ahead of time during the plan development and construction document process. City Engineer Fajardo replied it can be done, as long as the project has been approved. Vice -Chair Tang stated that what is being asked is if while plans are being developed for the proposed project Planning would work with the applicant to help identify the location of the trees and asked staff if that is correct. Associate Planner Hanh replied that is correct and it will first go through Planning's Plan Check, Planning well review it, eventually it goes to Building Plan Check, and then it will be routed to Public Works for their review, Vice -Chair Tang asked if that is all done before construction even begins. Associate Planner Hanh replied yes. Chair Dang recommended to help the developer save money, if the applicant submits a preliminary site plan, showing where the building and garage are located, then staff could show the Engineer where the driveway will be placed. The Engineer would then be able to say where the tree can be placed. He added then you could design the building around that. Associate Planner Hanh agreed and stated that when the applicant submits plans it will then be routed to the appropriate departments. Chair Dangi stated he wishes there was something preliminary, so that you would not have to develop, the whole pian, then find out it does, not work, and then you would have to flip the building around, It would be something preliminary before the applicant would develop the floor plans, Associate Planner Hann stated for the single-family dwelling use it is permitted by right, so they would submit during the regular plan check standard procedures, He added staff and the City Engineer will work with the developer to assure the appropriate locations are decided on, Chair Dang asked if by that time if the floor plans and elevations are fully completed, or 70-80% are completed. He also asked if that is when it routed to the City Engineer. Associate Planner Hanh replied that Planning would review the private property first. He added it would be approved by Planning before it would go to Building and Safety, while routed to Public Works the Engineer will work with the developer in regards to the street tree locations and if they will meet all the requirements. Community Development Director Kim stated the question may be that the Chair would like staff to sit and work with the applicant, to make sure the applicant is aware of all the development standards, including Planning and Public Works requirements, so that they have the full information before they start developing the construction documents. Chair Dang agreed and stated he does not want to have the developer spend a lot of money developing 80 to 90% of construction documents and then to find out they just to meet satisfy a street tree requirement, he will have to change the design. He commented that is not a fruitful way of doing business. Community Development Director Kim stated staff can provide the information to, the applicant in advance. Chair Dang recommended that a hand sketch be submitted to the City Engineer and if he agrees then the applicant can proceed with construction documents. Community Development Director Kim stated that can be taken care of. Vice -Chair Tang asked if that is the standard operating procedure.He added during the early stage of the development, staff would work with the applicant to help develop those plans to make sure they adhere to all the rigors of the code. Community Development Director, Kim replied that the applicant would typically before doing construction documents would come into City Hall and get all the requirements, including Planning, as well as Public Works, and any other department. He added in this particular case staff will make sure to provide that information to the applicant in, advance. Chair Dang thanked staff and asked the Planning Commission for a motion, Vice -Chair Tang made a motion, seconded by Commissioner Herrera to ADOPT Resolution No. 18.09 with findings and APPROVE Tentative Parcel Map 81334, subject to the 70 conditions. (Condition of Approval number 45 was added by the Planning Commission on June 4, 2018.) C. MUNICIPAL CODE AMENDMENT 18-02 SHORT-TERM RENTAL OF RESIDENTIAL HOMES AND BOARDING HOUSES — ROSEMEAD ZONING CODE (TITLE 17) - The Rosemead Zoning Code ('Title 17) of the Rosemead Municipal Code carries out the policies of the Rosemead General Plan by classifying and regulating uses of land and structures within the City. The Zoning Code, however, is silent on short-term rental of residential homes, and boarding houses, and as such the uses are not currently regulated for land use. The proposed Municipal Code Amendment would amend the Rosemead Zoning Code by adding definitions for "Boarding house or rooming house" and "Short-term rental,"and prohibit boarding/rooming house and short-term rental of residential homes in the residential zones (R-1, R-2, and R-3). The proposed Code Amendment would not affect residential rental (e.g., single-family dwellings, two-family dwellings (duplex), multiple -family dwellings (three or more units) with a lease or rental agreement that is not short-term. PC RESOLUTION 18-1,0 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 980 FOR THE APPROVAL OF MCA 18.02, AMENDING TITLE 17 (ZONING) OF THE ROSEMEAD MUNICIPAL CODE TO ADOPT NEW REGULATIONS FOR SHORT TERM RENTAL OF RESIDENTIAL HOMES AND BOARDING HOUSES. STAFF RECOMMENDATION - That the Planning Commission: 1. Conduct a public hearing and receive public testimony and 2. Adopt Planning Commission Resolution No. 18-10 with finding (Exhibit "A"), a resolution recommending that the City Council adopt Ordinance No. 980 (Exhibit "B") for the approval of MCA 18-02. N Community Development Director Kim presented a brief Nn on Municipal Code Amendment 18-02, Short- Term Rental of Residental Homes and Boarding Houses, and the staff report. He stated a printed version of the presentation has been passed out at dais for the Planning Commission. Vice-Chiair Tang referred to the first sflde where the definition of Short-term renta� wNch reads, "Any dwelling that is d 4 1 , "v ommunity eveo M days or 30 days, Vice-Chair Tang asked if the term consecutive needs to be incorporated into the City's definiton or does it not matter, Community Development Director Kim replied it does not matter, but he will check on how it reads. He added if one is *-W�Lq, 'tlm-2Ait �k*#I I term for short-term is up for discussion and he does have a specific reason why, but recommended 30 days. Vice-Chair Tang stated he just did not know if the word consecutve needed to be incorporated, monin, ne eXplaff]Ul Mal :OWiW Commission may have, Commiissioner Eng thanked Community Development Director Kim and stated she is glad the City is doing this and (OWITNOW RM43.2 WOMEN] FM chosen and reviewed by the department. house or rooming house is defined, it states, "means a dwelling unit where sleeping rooms are rented to individ uals" it can be changed to state "sleeping rooms and beds". Hie added he can make that change and will confer with the City Attorney's office after this meeting. 9 Chair Dang stated also with that paragraph it states "two or more separate rental agreements" and asked why two or more. Community Development Director Kim replied this is very simple the way the Ordinance has been written, but a lot of thought has been put into it, and one reason is to close a loop hole, where the Short-term Ordinance calls out for a 30 - day period, He added so anything under 30 days would be considered short-term, so the City is not allowing short- term. He stated there has been an instance where a particular enterprise would actually rent the house from a property owner, so there is one lease for the house, and the person leasing the home with that single lease is s,ubleasingi, each individual bed, where they have put many beds. He added to prevent that the City is saying they are going to limit the rental short-term period to 30 days, however, it will not allow leases or rental agreements of two or more, so it somewhat controls the potential of multiple leases. City Attorney Thuyen stated when staff was developing this Ordinance, they did look for models of other jurisdictions within California and they went with this approach. He added that there is not any meaningful difference in describing this as sleeping rooms or beds, but the intent of this language, which is shared by a lot of jurisdictions in Southern California is prohibiting multiple leases in a matter which makes it seem more like a boarding house as opposed to a traditional one-year lease. He added the issue here that needs to be addressed is people are renting out rooms where there are six people under separate leases and it is a use that is anti -residential character by having so many leases and having it more of a transient boarding house verses having a traditional leasing arrangement. Commissioner Eng stated for practicality reasons, it makes sense to have one lease if there are multiple people living in an apartment. She explained if there were four leases it would cause a ping poing effect where each person could say that they have not broken their lease, Commissioner Herrera asked if the term of "two or more" is it there because it is not a single renter, Chair Dang suggested that if it states, "sleeping rooms rented to individuals with a rental agreement(s)", and gave a scenario on how this may work. Vice -Chair Tang, asked if it is just, "two or more". City Attorney Thuyen, stated for a practical scenario they just don't want single-family homes to turn into apartment buildings. Chair Dang stated he agrees and expressed he does not see the importance of, "'two or more". He added it can be one separate rental agreement and still be a boarding room. Vice -Chair Tang asked for clarification on the intent of the definition of "two or more leases", and asked if you are leasing one lease agreement with your tenant and if that tenant in turn subleases it to other people that you don't know of, then it would fall under this ban. He stated that is the intent, but what will happen if he is the property owner and he rents out his property where there are two individuals and two separate leases, they are there long term, not short term, and asked can that occur, Community Development Director Kim replied the intent is not for that scenario, and if two friends are living in a home within a single lease then that is fine, however, if there is a transition of renters coming and going, and occurring in a single-family home under separate leases, then that is what is trying to be prevented. The City is trying to establish consistency and maintaining the character of the single-family home instead of all the turnovers of leases within a residential area. Vice -Chair Tang stated he understands the intent of this and is in support of it, but he is just trying to test this as a property owner, and reiterated the scenario of the two friends leasing his property for a year each. W Community Development Director Kim replied that would typically be a single lease and gave an example of when he went to college and rented an apartment with two other friends. He stated that was, a single lease, Vice -Chair Tang asked what if the two people did not know each other. Commissioner Herrera stated that would be a dorm. Vice -Chair Tang asked if that would be considered a dorm, City Attorney Thuyen stated the focus here is to create a Zoning Code Ordinance as matter of policy to apply generally to the City and for Code Enforcement for violations of sections that wouild be complaint driven. He added theoretically there could be two strangers where the landlord decides to have to separate leases to accommodate the mutual distrust amongst each other, but that is not the issue that would create violations that the City would enforce. He stated it would be more of where there are complaints of multiple tenants coming in repeatedly, He added he understands the concern but he is not sure it will materialize in practice with the way this section is proposed. Chair Dang gave a scenario of if someone has a five-bedrooim home, located near a college, and each bedroom has four beds, it could have the potential of having twenty leases. He expressed that would be a boarding house or boarding room, so if that is scaled down to one bedroom, two different friends, and two different leases, it still is a boardingi house or a boarding room. He added that Commissioner Tang is correct in his comments. Vice -Chair Tang stated he agrees that there is an intent that the City is trying to regulate but the definition that has been developed is too broad. He stated you do want to protect the character of the community where those single- family residences are at, but there are certain examples when you put them into practice could violate the code, Chair Dang stated he is uncomfortable with the term of "two or more leases", because of the one lease scenario discussed. Vice -Chair Tang stated he gets that it needs to be, defined as two or more rentals to prevent leases as subleasing, but he recommends it needs to be defined a little more, Chair Dang recommended if "two or more" is struck out it would stick a little better. He stated if it is written, "sleeping rooms are rented to individuals with rental agreement or agreements, lease or leases" and leave it to that. Commissioner Eng commented more than one lease. Chair Dang stated that it would have to be more than two leases to trigger this. Vice -Chair Tang stated unless the intent is not to allow anyone to have two leases on one property. He added that is how he would interpret this definition to be. Chair Dang agreed and stated that it that it faces a problem if someone is challenged and say they only have one lease and they have four friends. Commissioner Eng stated that the intent of this is to address if the rental is less than 30 -days. Chair Dang stated that is correct and read the two bullet points from the presentation. 10 Vice -Chair Tang referred to the definition on the Table located on the second to the last page of the presentation, and stated that the definition states that boarding house or rooming house, and short-term rentals, are not permitted in the R-1, R-2, and R-3 zones. He stated he is looking at this as two separate definitions and not combined. Chair Dang stated they are two separate definitions, He stated he has another question, but requested this topic be tabled and explained that the Planning Commission understands the intent, but the language of the definition does not serve the limitation factor. Community Development Director Kim stated staff can work on that. Chair Dang stated his second question is that the boarding house, or rooming house is not permitted in the R-1, R-2, and R-3 zone, but it is silent on the C and M zone, so you can possibly have a C -zone that is adjacent to an R -zone. He asked if hotel is proposed, would that be a conditional use. Community Development Director Kim replied that would be a conditional use, Chair Dang asked if that is because it is so close to an R -zone. Community Development Director Kim replied that he will have to double check, but hotels do require a conditional use. Associate Planner Hanh stated hotels require a conditional use permit in any zone, but they are not allowed in residential zones. Chair Dang stated the reason he is bringing this up, is because he likes the City of San Gabriel's definition of boarding house or rooming house and if we adopt their definition of boarding house and rooming house, it would equivalent to hotels and motels and it would be better. He explained it would be better and by default, where ever you put it in the C-2 zone, if a hotel is required to do it, your boarding home and rooming home should fall under those stringent criteria. Vice -Chair Tang stated this ties into the earlier discussion of a definition of a boarding house and rooming house, and the intent is to regulate transient occupancy of these residential dwelling units. He suggested that along the line of Chair Dang's suggestion is that a timeline be incorporated into the definition of a boarding house or rooming house, so that if it is less than 30 days, then it is not permitted verses if someone has two leases in a home, where they may be there for one to two years, Community Development Director Kim stated in regards to commercial districts, staff will have to do more research on what that would be. Vice -Chair Tang stated he was just referring to the residential districts. Chair Dang asked if the R-3 zone would allow apartments or is it single-family, Community Development Director Kim replied R-3 would allow multiple families, Vice -Chair Tang asked if Chair Dang's question is in reference to the C -zone, Chair Dang replied the way it is written boarding house and rooming house would be prohibited in R-11, R-2, and R-3,, but it is silent in C and M zones. 11 Community Development Director Kim stated that the way the code works is, that in order for a use to be permitted, it has to be listed as a permitted use within the Zoning Code, so if it is not listed then his interpretation, would be that it is not permitted. Chair Dang that would, be even: better and in this case the Zoning Code would be a "permissible code", so whatever it permits it labels it, or if it is silent then it would be prohibited, or seeking the Community Development's guidance at that point. Vice -Chair Tang asked staff if there was any residential property in commercial zones. Community Development Director Kim replied yes, there are commercial zoned properties that are being used as, residential. Vice -Chair Tang asked if there could be residential properties that were grandfathered into the C -zone. Community Development Director Kim replied yes. Vice -Chair Tang stated if that is the case, if that house is located in a commercial zone does this short-term apply to them when the City is silent on it. Community Development Director Kim replied no, it doesn't and re the intent of the code that is being presented is to control short-term in the residential zones and to maintain the character of the residential areas, Chair Dang stated Vice -Chair Tang touched on a good point and if you have a house in a C-2 zone and if you go file a business license to run a hotel, they will have to go through a conditional use process. Community Development Director Kim replied they will have to go through a lengthier process than that, because the home would of been built for a residential purpose, so in, order to allow a commercial use, it would have to go through more. Chair Dang stated it would have to go through some life safety, fire protection, parking, sewer fees, etc., if you are going to have to, change a use from, a house to a hotel. He added that under this provision you could do a boarding house and get the same income, perhaps even more and be fine speaking for just zoning. Community Development Director Kim stated boarding house is not listed as a permitted use in the commercial zone. Chair Dang stated if boarding house and rooming house are not permitted in, R-1, R-2, R-3, and the other C/M zones are silent which shows they are prohibited, and asked why bother listing them at all. He suggested just don't list them and it will be automatic. Community Development Director Kim replied there have been a couple of instances where Code Enforcement has had to take action on specific cases on problems in the residential zones and it is not listed but the City needs a tool. He added it is very clear if someone comes in and there is a debate, then staff can say it is specifically not listed and there is a code section to refer to. Chair Dang stated this will give the City a better tool as opposed to something that is more obscure and saying it is a permissible code. Community Development Director Kim stated there is no argument at this point and the effort here is to make it clear for Code Enforcement and to get this in place to start controlling the short-term rentals and other potential issues, in residential districts, Chair Dang stated he supports that and asked if going back to a house in the C -zone and it is silent, can an applicant play the devil's advocate and say that because it is not listed it is not prohibited, Community Development Director Kim replied there is another section in the code that defines hotels and hotel type uses which is permitted in the commercial zones with a conditional use permit. He explained once you get into that then there is a whole conversion of a home to commercial use. Chair Dang stated that is good and it ties, back into the City of San Gabriel's definition, if you consider boarding house and rooming house the same as hotels, Community Development Director Kim stated that was the intent to control these type of uses in the residential zoning districts. Vice -Chair Tang stated it wouldn't matter if someone wanted to put a room up for rent for ten days in the C -zone and asked if this is not the intent of what is trying to be controlled. He asked if this is permissible if it is just one room and not a hotel, Community Development Director Kim replied: yes, and stated right now the way the code is presented is a first step to address residential zoning districts. Chair Dang recommended that maybe the Planning Commission should just concentrate on just the residential zoning districts to give the Director a tool and concentrate on the other zones at a later date. Community Development Director Kim stated staff can work on that in the future. Vice -Chair Tang agreed and stated the reason this is being discussed is because there have been some issues and complaints with tenants. He added the focus now should be on the residential and if there are issues in the commercial zones then it can be taken care of in the future. Chair Dang stated that it would be worthwhile if somewhere in the chapter one of the Zoning Code in the administration part to state that the Zoning Code is a permissible code if it is silent it is prohibited. He asked if there is language like that currently in chapter one. He added that will give the City some ammunition to face some of these challenges. Community Development Director Kim stated staff will double-check to see if there is something and the Zoning Code update is in progress and maybe it can be added in one of the future dean -ups. Commissioner Eng stated she understands why this proposed Ordinance is necessary and asked staff what has, other cities done as far as measures to enforce violations of these infractions if any took place. Community Development Director Kim gave an example of Monterey Park and stated they have had some significant problems with short-term rentals and specifically boarding homes, He stated a home was rented to, many individuals in many rooms and individual areas (garages etc,) and they incorporated this short-term rental and boarding house Ordinance. He added speaking with the Director in Monterey Park, their efforts have helped significantly controlling those type of uses. He added if it is silent, there is always an interpretation or an argument that could be made by people coming in saying the City code is silent and does not say they cannot do it, so it can be challenged,. He said the language was put in and if someone approached the City to inquire about the use, then they can show in the code that it is not permitted. It is about getting the message out there and being transparent when that short-term rental will not be permitted and stops the problem before it even gets started. He stated the second example is with the City of Rosemead, there was an instance where the property owner rented a house and the person leasing the home rented out to many individuals that has caused quite a bit of issues with the City and problems with the neighbors. It took a im N4 IT, R 93M expensive amount of resources to get it controlled. He added this is the Cities first effort and we would like to piut something into the Zoning Code, so that if someone does come in staff can pull it out and say it is not permitted. ecause this is a concern that is happening, She added this will impact the quaiity of life in the R- 1 R-2, and R-3 zones and secondiy the City has a lot of hotels and motels and it impacts their business as weU, She, said with the legitimate hotels and motels the ,I 1Ga-U tail a warning in the beginning and will citations happen later. r,,'4MMYAi�Y lvve4�meAt ffireI �C, m replieIf tXe �Ir*cess,?,AI it Will lieAekt 1A wX,2t ty-,#,e 0 vi,#1214A it is, Miwver, iA general the process is that the City would receive a complaint or see if there is an issue, staff would do a courtesy notice of violation and inform the operator or property, owner that they are in violation of the City's code and given a spe6fic time to remedy the violation. He added if the property owner or operator does not remeidiate the situation, then the City will issue a citation, Chair Dang stated he would like to give the public a chance to speak on this Agenda, so he opened this for Public Comment and asked if there was anyone Mishing to speak on this itemi. won I N. M a r ang close e �P'u 111c eanng an 5SKe e annin it Mere was More Tiscisston o, I N r comment, Commissioner Engi asked the Chair if staff has been asked to go back to work on the lease issue or is the Pianni�ng Commission ready to move this forward, A oil Community Development Director Kim stated that definition is a definition by the Building Code, Chair Dan g asked if it is silent in the Zoning Code. M, Vice -Chair Tang stated they are just being called sleeping rooms and it is not saying bedrooms. He stated the definition of rooms in itself, is broad enough to say any room in a dwelling unit. Chair Dang stated that some of what Brian Lewin's suggested has some validity and, he said basically any rooms. He stated garages could be removed and that is a building code issue, so that is an easy citation for Code Enforcement to write. He said but the fact that it is a living room or any room without a closet and if they are using it as a lodging purpose, then it should be deemed as a boarding house. Vine -Chair Tang stated that is why he recommends it should be called a sleeping room. Commissioner Eng stated that Brian Lewin's point is that it not be restricted to a room: that anybody can use the common gathering spaces as lodging purposes, such as family room, dining room,, or a den. She said Brian Lewin's point is that he wants all of those covered, Chair Dang stated he agrees with Brian Lewin and with the proposed definition, it aims at where sleeping rooms are rented out, He added in Brian Lewin's case, he is saying a living room is not a sleeping room, so therefore, it is a loop hole, so he sees Brian Lewin's point and his definition is a little broader range, or it can, say, "any rooms, within a dwelling unit that is rented out for lodging purposes", shall be considered as a boarding room. Commissioner Engi stated any enclosed space if you want to be that broad. Community Development Director Kim stated the Zoning Code does have a definition for a bedroom and read, "A bedroom means any enclosed space within a dwelling unit that is designed for sleeping and has a permanent door permitting closure and separation from all kitchen, living room, and hallway areas and complies with, the uniform Building and Safety code requirements for a bedroom". Chair Dang stated if you explore the uniform Building and Safety code and if it says something about closets then you might find that it requires it. Commissioner Eng stated if someone rents out a dining room or living room space for lodging or sleeping and asked if that would be covered under this Ordinance. Community Development Director Kim replied that the definition that was discussed before making it more broad any room for sleeping purposes or as defined by Mr. Lewin would provide better coverage. Commissioner Eng stated she thinks that is what Brian Lewin's point was. Vice -Chair Tang stated that use is already not permitted in those rooms and asked if it needs to be reiterated. Community Development Director Kim stated he would not be averse to writing it and it would be additional language that could be pointed out that to specify that the living room is not to be used for sleeping purposes. Vice -Chair Tang recommended that this item be tabled to reword this definition and he recommends to defer to the City Attorney to ensure that the language includes language that covers all rooms in a dwelling unit, Chair Dang suggested that the Agenda be tabled so that staff may have time to work on it. City Attorney Thuyen stated for clarification is the Planning Commission saying they would like to bring this item back or are they doing a recommendation, because after hearing their comments, the best way to address this is, and the purpose of this item, is really to just provide a recommendation and let the City Council know what the Planning IN I m -,w I Mot define "" Boarding House" and "Rooming Houise" and including the suggestion of the written comment of Brian Lewin during the public comment period and also present some options of how some of the other San Gabhiel Valley jurisdictions have treated it, He stated the City Council could 'then evaluate and choose frorn that, also knowing the concerns the Planning Commission have with potenfial roommate's situationsi, and those type of concerns. u1ji i fP,W • M&V8 t4is mav noi be read� to io Io the Citi Council, He wrpki 16 Aire W I term rental portion could be approved separately. C�ity Attorney Thuyen replied he is checking to see what options the Planning Commission may take if they do not reach a consensus on this Ordinance. He asked if the Community Development Director had any comments or don that he wwl like to add, to the City Coiuncil immediately, Community Development Director Kim stated there is a desire to take this to the City Council as quickly as possible, so that a couple of Code Enforcement cases can be rectified and! staff is d6ng this as best as possible. He added in and as soon as an Ordinance is in wI. ould feel more comfortable. weeks, He also asked if this would be a reasonable time for City Council, n if that is what the Planning Commission desires, appropriate to be discussed during the Planning Commission setting. He added that he is here to help and these are Ni act on it he wiill support it. He saiid if the Planning Commission has reservations as he suggests that it is best to just have staff comie back. He asked the Planning Commission for their comments or recommenw« w Vice-Cha�r Tang stated he is comfortable with this item returning to the Rlanning Commission in two weeks, Commissioner Eng stated she also seconds thiat recommendation. emergency meeting in a week and if that would help him. He said the Planning Commissioners schedules will have to be checked for availability, but he can aftend if necessary. Community Development �Director Kim replied no it would not help and explained that in order to make the next City Counc�l meeting noticing will have to be completed within a few da�ys, so time will not permi,it this, Hie added t�hat this item may need to be continued to the foflowing City Cog in July, Commissioner Herrera asked if this item can go forward to the City Council with the added exceptions/recommenclations made by the Planning Commission this evening, so they can decide, She said this way it will not have to come back to the Planning Commission in two weeks. W-1 City Attorney Thuyen stated that he originally suggested!, that the Planning Commission adopt the recommendation of staff but also modify it to suggest additional alternative definitions for the "Boarding House and Rooming House", and this way it would not create any significant delays. He stated it seems after reading the Municipal Code that the Planning Commission has to forward a recommendation one way or another to the City Council on this item and that would be his suggestion. Chair Dang suggested that if the Planning Commission is comfortable they can spend a little more time trying to come up with a definition that can: be presented to the City Couincil. He added this, is the best solution to help the Community Development Director and Code Enforcement to address this, item, Commissioner Eng asked if staff had enough information from the Planning Commission to summarize the concerns discussed this evening, Commissioner Herrera commented that she believes staff has, enough, information. Community Development Director Kim stated he does, but he requested the recommendations be repeated again specifically to make certain they are included in the recommendations. Commissioner Herrera stated City Council will be able to decipher once they receive all the information is presented to them. Vice -Chair Tang stated speaking for himself, if this item is voted on this evening, he does not feel comfortable voting yay or nay without seeing the language. He stated if he is going to make a recommendation to the City Council to adopt this update in, the Zoning Code he personally would like to see the language. Chair Dang recommended that the Planning Commission do both and come up with the language that is acceptable to recommend to the City Council, Vice -Chair Tang stated if it is something that can be done now, but he thought this would take more research, and deferred this to the City Attorney. Commissioner Eng asked if the Planning Commission is trying to decide whether they want to make a recommendation to move forward with the Ordinance with the concerns that the Planning Commission addressed or are they trying to say that they will be more comfortable for staff to come up with more refined wording with the definition, Chair Dang stated because it is timeline constrained, the Community Development Director Kim would like it packaged ready for City Council, He added he is acceptable to attempting revising the definitions this evening, so it may get presented to the City Council. He stated at that point if City Council wishes to change it, they have the sole power to do it, but at least the Planning Commission gets to get their version of the definition presented to the City Council, Community Development Director Kim stated he would like to suggest the summarized version of the definition proposed for the "'Boarding house and rooming house". He added as presented, ""Boarding House and Rooming House" means a dwelling unit where sleeping rooms are rented to individuals and the suggestion from Commissioner Eng was to add "beds" to after the words "sleeping rooms". He said there was a second suggestion from the public and addition to that where this definition is expanded to say "sleeping or non -sleeping rooms, garage space, or portions thereof are rented for lodging purposes", so that is a broader definition ands he is comfortable with that., Chair Dang stated he likes the recommendation from the public except he would strike off "garage space or portions thereof" because "sleeping or non -sleeping room" is broad already and "rented for lodging purposes to individuals", so M that first half is acceptable to him. He stated the reason why he did not mention bed is because a living room with a sofa is not a bed, so obviously they would use the sofa to sleep, but the lodging purposes would catch that. He added a living room with three sofas', and if they rent it out, this would catch it and the previous definition would not. He stated the second half, "two or more separate rental agreements or leases", and if the "two or more" is left out it will catch more, particularly with the example of Vice -Chair Tang with one lease and four or five friends scenario. He read a quick summary, "Boarding house or rooming house" means a dwelling unit where sleeping or non -sleeping rooms are rented for lodging purposes to individuals with rental agreements or leases, either written ororal or implied, whether or not an, owner, agent or rental manager is in residence", Vice -Chair Tang stated he still did not feel comfortable with that and that it is still too broad. Chair Dang requested Vice -Chair Tang make a suggestion on what he would recommend, Vice -Chair Tang stated if "'two or more separate rental agreements or leases" is struck out and in that same example he asked if that would then qualify as a boarding house. He stated if there are two people and two separate leases in one property that rents out a property that still would qualify as a boarding house then. Chair Dang stated just the four words, "two or more separate" would be struck out. Community Development Director Kim replied yes, that qualifies as a boarding house, so then you go into the use section where boarding house is prohibited, Vice -Chair Tang asked what if in, this case for instance if there are two situations and the first is that situation "A" rents a property with one lease to a family of five and then situation "B" rents out this property with two friends with two separate leases for a year. Chair Dang asked Vice -Chair Tang if this definition will help a family of one lease a house. Vice -Chair Tang replied that what he is trying to say is that family that is renting it out is obviously not considered a boarding house and his latter definition is considered a boarding house and he thought that is what they were trying to avoid. Chair Dang stated that the way this is written is they want to define what causes a boarding house so his second scenario catches that, Vice -Chair Tang stated he thought they were trying to say it is alright to have two friends that want to rent a property with two separate leases because they do not know each other and it doesn't make sense to put them under one lease. He asked if it is being said it is not alright. Chair Dang replied that is a boarding house, Community Development Director Kim stated if the home is rented out and there are multiple leases on a piece of property then it would be a boarding house, which would be prohibited. He added if it is a family of five then all their limitation is the 30 days or less and that would be prohibited. Vice -Chair Tang referred to if the "two or more rental agreements" verbiage is taken out. Community Development Director Kim stated it has the verbiage, "sleeping room or non -sleeping room are rented for lodging purposes to individuals with rental agreements or leases", then that would be considered boarding house, which would be prohibited in residential zones. Vice -Chair Tang stated that still didn't make sense to him because that person you lease it to can still sublease it. Chair Dang stated that is why it is a boarding house, Community Development Director Kim stated if they subleased it then it would be prohibited. Chair Dang explained in another section of the Zoning Code, it will say that boarding house is prohibited in the R-1, R- 2, and R-3 zones. Vice -Chair Tang asked where wiill it state muiltiplie leases and where is that correction. Community Development Director Kim stated that was where they had "two or more" and it is being recommended to be struck out. Vice -Chair Tang stated if that is struck out then that person that leases it can stall sublease it. Chair Dang stated if that person subleases it or doesn't, it is still a boarding house, Commissioner Eng stated the point of the definition is that we are trying to define what a boarding house is, so if a property is rented out with more than one lease, it is a boarding house. Community Development Director Kim stated it would be a boarding house and that is why the two or more leases is in the definition. Commissioner Eng recommended that the wording states more than one lease. Chair Dang stated if a property is rented with one lease to more than one individual that is not related by blood or marriage, that is a boarding house. Community Development Director Kim stated it is actually defined somewhere else and that is a definition of a family. City Attorney Thuyen stated this issue may be resolved if they change the number of rental agreements to more than two and change it to three or four and that may address Commissioner Dang's issues. Chair Dang stated he said if it is even one then it is a boarding house. Vice -Chair Tang stated that is why he is having a problem with this because even if you just have one lease then it can become a boarding house, He adds that does not make sense to him because one lease is not a boarding house. Chair Dang questioned if he has five friends and they are all paying him to write the check because the lease is under his name, is that considered one agreement. He stated that is what you want to prohibit. Vice -Chair Tang stated that is all right because what if it is a family, Chair Dang stated the word family is defined in the Zoning Code. Vice -Chair Tang stated that he has friends for example, that there are four people living together, there is one lease, and what is being said that would qualify as a boarding house, which then woWd be prohibited. Chair Dang replied yes. ILI Vice -Chair Tang commented but that is not what they are trying to get to. --- ----•----- Vice-Chair Tang stated he is going in the direction of what the City Attorney recommended that if there are more than two leases then it is considered a boarding house, City Attorney Thuyen stated that Commissioner Gang was trying to say you do not need a number limitation because you are eliminating by categorizing it based on the rooms being leased out. He added what Commissioner Tang is saying is that you should have a number of limitations to avoid the roommate situation, and both of you are approaching it similarly but phrasing the definition a little differenfly. He added that Chair bang is looking at this as each sleeping room. RMR� =MMISIRRITIM! 11111TRIIIII51 !III IRI IF I Ill! IMMEMM I lliq*l xf N 1 I IV#-, T;AO*-_V;M1WVPPlC* WFAI Pr, 1i is just a method of how the Planning Commisslion wants to artieWate the definItion. Vice -Chair Tang stated that this is either going to be defined in a macro level or a micro level and the micro level is %AP .1i ji ri g "i Milli 11"1114111 ire W1111141ii i W 6W W Wilill, Nits. W irolillilivi iq Ilst gn these are single-family residences, the bedrooms are vacant, He would like to go on Craig's List and he needs to rent the rooms to five people, he wants to collect money from just one person so there is one lease. He added customer A gives him a check for a month built customeir A col1lects money from his four friends and in that e�xample asked! if that a boarding house, where it says "either whtten or impfled", so the whole control measure or boarding house is whften or not written, He rooms are rented out, or there are multiple agreements, then it wouild be considered a boarding house, He stated with that broad definition and, if the Planning Cwssjon is agreeable, they could tweak this language with that broad definition, and come up with a definition to cover that, That would give staff the ability to seek remediation when they have instances where sta,ff knows a home is being rented out for multiple tenancies. Chalir Dang stated that is why he is recommending the words "two or more" to be struck out, because it,will give staff more of a defense. He added it can be left in, but that is his intent of why he recommends it be struck out. Community Development Director Kim asked if "'two or more" be removed and replaced with "multipile agreements elither written or oral or implied". that in then he is agreeable and if it makes things easier, Community Development Director Kim replied it will because then he can say there is more than one, whether it is written or not written, implied, or by oraL MM City Attorney Thuyen stated it would be, also be helpful if they go through the general Code Enforcement process. He said Code Enforcement is complaint driven and would only really be used when resident's state there is may be an issue. The City would then investigate and based on this definition it would determine or not if there is an improper boarding house use and at their discretion decide to enforce it or not. Chair Dang requested that the Community Development Director Kim read the definition again with the editing the Planning Commission has proposed. Community Development Director Kim read, "The boarding house or rooming house means a dwelling unit where sleeping or non -sleeping rooms, are rented for lodging purposes to individuals with rental agreements or leases, either written oral or implied, whether or not an owner, agent or rental manager is in residence". Chair Dang stated he is comfortabie with that. Vice -Chair Tang stated that he is still a little uncomfortable with that because what if a family rents it out Community Development Director Kim stated if a family rents out a home he would never consider that a boarding house or a rooming house rental, Chair Dang stated there is a definition for family in the Zoning Code, Community Development Director Kim stated that would be for just a rental of a residence of a family. Vice -Chair Tang asked what if just two friends rent it, Community Development Director Kim stated it has been well- documented on what a family is. City Attorney Thuyen stated the State has been very loose on how you can define a family because there are so many different alternative family arrangements, Vice -Chair Tang reiterated what if it is two friends and that would in essence qualify as a boarding house, City Attorney Thuyen read the current definition of family in the Zoning Code and he is not sure if the intent of this is to attack roommates who share relationships like that and is really to address separate rental agreements with random strangers that rent rooms, Community Development Director Kim stated if two friends were renting a home, they would never say that is a boarding house. Vice -Chair Tang suggested that maybe it should say "rental agreements, leases or subleases", because in essence that is what they are trying to tackle, Community Development Director Kim agreed and staff can add that. Chair Dang requested another reading and if the Planning Commission has no further discussion asked for a motion, City Attorney Thuyen stated he would like to go through this one more time, with the Community Development Director, He read: 'Boarding house or rooming house means a dwelling unit, where sleeping or noinsieepinig rooms are rented for lodging purposes, or to individuals, with rental agreements, leases or subleases, either written or oral or implied, 61 whether or not an owner, agent, or rental manager is in residence". He added that way it can be addressed or identifying sleeping room or nonsleeping rooms that are rented to individuals based on separate leases, Vice-Chair Tang stated he agrees and commented there was due diligence. Chair Dang asked the Planning Commission if they all agree and requested one more reading from the Community Development Director Kim. Community Development Director Kim, read; "Boarding house or rooming house means dwelling unit, where sleeping rooms or nonsleeping rooms are rented for lodging purposes, to individuals with rental agreements, leases or subleases, either written or oral or implied, whether or not an owner, agent, or rental manager is in residence". He added', there are no further changes to the following, Chair Dang stated he agrees with the changes and asked the Planning Commissioners if they also agreed. Planning Commissioners all agreed. Chair Dang stated he noticed one more thing and referred to the "Short-term rental" definition, read it and requested that the term "dwelling,", be re-worded to state "dwelling unit" and explained that apartments are in the R-3 zone and you will want to use a dwelling unit and not a dwelling. City Attorney Thuyen stated there is a Zoning Code definition: for a dwelling unit. Community Development Director Kim agreed and stated staff can add that, City Attorney stated the new recommendation that is subject for a motion is adoption of the recommendation of staff with modifications to Boarding house or rooming house and Short-term rentals as discussed as dwelling unit. Chair Dang made a motion, seconded by Commissioner Herrera, to Adopt PC Resolution 18.10 • A resolution of the planning commission of the City of Rosemead, County of Los Angeles, State of California, recommending that the City Council adopt Ordinance No. 980 for the approval of MCA 18.02, amending Title 17 (zoning) of the Rosemead Municipal Code to Adopt new regulations for short term rental of residential homes and boardiing houses and with the recommendations discussed by the City Attorney. Roll Call Vote resulted in: Ayes: Dang, Eng, Herrera, and Tang Noes: None Abstain: None Absent* Lopez Community Development Director Kim, stated the motion passes with a vote of 4 Ayes and 0 Noes, I Absent and this item will be presented to the City Council for future consideration. 4, CONSENT CALENDAR A. PC MINUTES 4-16.18 Chair Dang requested a correction to PC Minutes 4-16-18, on page 8, paragraph eight, in the last two sentences. He requested that it be edited, to state, "He stated', it is at the State level that is mandating these requirements, and it is at the local level that we are trying to not be too restrictive, because if you are too restrictive, then you may have to answer W to the State. He added auditing may be involved, making it awkward at the local level to have requirements a lot more restrictive than the State". Chair Dang made a motion, seconded by Commissioner Eng, to approve PC Minutes 4.16-118 with the correction. Vote resulted in: Ayes: Dung, Eng, Herrera, and Tang Moes: None Abstain: None Absent: Lopez Community Development Director Kim stated the mofion passes with the correction with the vote of 4 Ayes and 0 Noes None Commissioner Eng stated the Rosemead Chamber of Commerce hosted an event two weeks ago, regardi Real Estate and four cities participated, El Monte, Rosemead, San Gabriel, and West Covina, She stab p,articipated at the event and the listing agent pitched the Auto Auction site. Commissioner Herrera stated it was a very nice event. Chair Dang thanked the Planning Commissioners for sharing. He stated he would like to commend staff for providi smailler plans to review and the color ren'derinigs are helpful. i Meeting adjourned at 8:52 pm. The next regular Planning Commission meeting is on Monday, June 1 Chambers. AT EST: W l akhel Lockwood Commission Secretary 23 ChaF� Z 8, at 7:00 pm in the Council