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PC - Minutes - 03-04-19 Minutes of the PLANNING COMMISSION MEETING March 4, 2019 The regular meeting of the Planning Commission was called to order by Chair Tang at 7:00 pm in the City Hall Council Chambers. PLEDGE OF ALLEGIANCE—Vice-Chair Eng INVOCATION—Commissioner Herrera OATH OF OFFICE-The Oath of Office was administered by Mayor Steven Ly. Chair Tang congratulated Commissioner Vuong and welcomed him to the Planning Commission. Commissioner Vuong thanked Mayor Steven Ly, the Council Members, the Planning Commission,family, and friends. He stated he looks forward to working with the Planning Commission and thanked the City of Rosemead City Council for their vote in confidence in him and he is excited to serve his community. ROLL CALL—Commissioners Herrera, Lopez, Vuong, Vice-Chair Eng and Chair Tang STAFF PRESENT — City Attorney Thuyen, Community Development Director Kim, Planning & Economic Development Manager Valenzuela, Associate Planner Lao,and 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. MUNICIPAL CODE AMENDMENT 19-01 — MINOR EXCEPTION FOR THE EXPANSION OF RESIDENTIAL LOTS WITH ENLARGEMENTS OR ADDITIONAL DWELLING UNITS ON EXISTING NONCONFORMING R- 1 AND R-2 LOTS-The proposed Municipal Code Amendment 19-01 (MCA 19-01)would amend sections of the Rosemead Municipal Code relating to the processing of Minor Exception Applications for the expansion of residential lots with enlargements or additional dwelling units on existing nonconforming R-1 and R-2 lots.The proposed Code Amendment streamlines the current Minor Exception application process and requires public noticing to adjacent property owners and a hearing, to ensure transparency and to give opportunity for the public to participate and provide comment. PC RESOLUTION 19-04 - 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. 987 FOR THE APPROVAL OF MCA 19-01, AMENDING SECTIONS OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE REGULATION OF NONCONFORMING USES, STRUCTURES, LOTS AND PARKING FACILITIES AND MINOR EXCEPTIONS. STAFF RECOMMENDATION-That the Planning Commission: 1 1.Conduct a public hearing and receive public testimony;and 2.Adopt Planning Commission Resolution No. 19-04 with findings,a Resolution recommending that the City Council adopt Ordinance No.987 for the approval of MCA 19-01. Associate Planner Lao presented the staff report. Chair Tang thanked staff and asked the Planning Commission if they had any questions or comments for staff. Vice-Chair Eng asked if what is mainly being processed is the relocation of some the modification requirements in some of the Minor Exception sections,so that everything is all under one section. Associate Planner Lao replied yes,and they are also eliminating the requirement of obtaining the neighborhood consent forms. Chair Tang requested that staff highlight the major changes that are highlighted in the staff report. Associate Planner Lao stated the first change would be in the nonconforming section in the Rosemead Municipal Code, where everything that pertains to the Minor Exception application process will be relocated to the Minor Exception section for clarity and cohesiveness. She added the second change is the authority of approval and explained that in the findings for a new single-family dwelling unit to be constructed in a nonconforming lot,there are certain conditions that would have to be met,some are restrictive so,they have been removed. She said one of the restricted conditions is if the applicant wants to construct a home that is greater than 2,500 square feet, they would not be able to under the Minor Exception process. She added another restriction is the requirement to obtain the written consent forms and if they are unable to obtain the neighboring written consent forms,the applicant would not be able to go through the Minor Exception process. The next change would be in the Minor Exception section,the removal of the requirement to obtain the written consent from all abutting property owners. The last change is the Hearing and Notice in the Minor Exception section and explained it would replace the Public Hearing requirement and with the removal of obtaining the written consent requirement, the City will be notifying the abutting neighbors and they would have ten (10) business days to respond. She added if there are no objections within those ten days, then a Minor Exception hearing would not be required. Vice-Chair Eng stated for clarification and asked if there is a definition of what is an abutting property. Associate Planner Lao replied an abutting property is anything that touches your property line on your lot in all directions. She added properties across the street will not require getting notified. Vice-Chair Eng asked if this only applies if the property line touches each other and if it is to the north, south, east, or west. Associate Planner Lao replied yes,any properties, if they touch each other. Vice-Chair Eng asked if this is defined. Community Development Director Kim stated their definition of an abutting property is any of those properties that share a property line. Vice-Chair Eng commented that is fine as long as that is written somewhere for clarity. Chair Tang referred to the section that requires the 2,500 square feet and asked if the change is being made to say, that they are allowed to construct a new structure that is 2,500 square feet or greater. 2 Associate Planner Lao replied yes and stated currently a new structure that is over 2,500 square feet is not permitted in the current Minor Exception process. She explained the change being made is if property owners want to build a new unit over 2,500 square feet,they would be able to. Chair Tang asked if this is for a legal nonconforming property or is it for both. Community Development Director Kim replied it is for both and clarified that if someone was to submit a Minor Exception application for a setback and as an example instead of having a five-foot required setback, a person wants a four-foot, six-inch setback for a specific reason. He added there is a clause in the current Municipal Code that limits the ability of the size of the home to 2,500 square feet or less because any home that is 2,500 square feet or more requires a Design Review application. He stated it is restrictive,so they are proposing that restriction be removed. Chair Tang asked if that is an administrative discretion or does that come before the Planning Commission. Planning & Economic Development Manager Valenzuela replied that anything over 2,500 square feet requires a Design Review and goes before the Planning Commission. Vice-Chair Eng stated for clarification the restriction that is being removed is if you have enough lot area to be able to build more than 2,500 square feet,and if it is a legal nonconforming situation,they will now be able to do it. She added, but any residence on that block that is over 2,500 square feet is still subject to a Design Review, which is the normal procedure anyway. She asked staff if she described that correctly. Associate Planner Lao replied yes. Vice-Chair Eng referred to the diagram on page three of the staff report under the "Addition of New Structure"and under Submittal requirements, it is listed that it requires 15 sets of plans. She asked if that is the typical requirement and why are so many sets are required. Associate Planner Lao replied the reason is because it is an entitlement and they are routed out to reviewing agencies. Vice-Chair Eng asked so this is the standard requirement. Associate Planner Lao replied yes. Community Development Director Kim stated those plans are distributed to the Planning Commission also, so extra copies are necessary. Vice-Chair Eng referred to under the "Addition of New Structure" column and asked if someone has a legal nonconforming situation on their lot they still could do an ADU. Associate Planner Lao replied yes. Community Development Director Kim clarified that a single-family residence is necessary for an ADU and if it is a duplex or a different number of units an ADU does not apply. Vice-Chair Eng referred to the red-line of the proposed ordinance under 17.142.040 Hearing and Notice and the completed application and read "If any objections are received within then (10) business days" she asked for clarification if the ten business days is from the proof of notification date or how is that date measured. Associate Planner Lao replied it is ten business days from when the public notice is mailed out. 3 Vice-Chair Eng if applicants are being required and asked to show proof of noticing date or what is the procedure. Associate Planner Lao replied the City will notice for the applicant. Vice-Chair Eng continued reading the red-lined ordinance and asked if someone wanted to request a Minor Exception with a legal nonconforming property,do they have to submit a completed application before the notice. She explained what she is reading is that the hearing will not be less than ten days after the completed application is submitted. She asked if the applicant can notice the property owners and then submit the completed application. Associate Planner Lao explained when an applicant comes in to submit an application, they submit an application, plans,the neighborhood consent forms, and affidavits. Staff takes in the application, reviews it, if there are comments a comment letter is distributed and sent to the applicant stating in the letter that their application is incomplete and to please make the following revisions to the plans. Once staff deems that the plans are complete, staff will deem that the application complete. Vice-Chair Eng asked so,the hearing will not take place until the applicant makes the corrections, staff has reviewed it and approves that all has been completed. Associate Planner Lao replied yes. Chair Tang commented the hearing that the Community Development Director would be holding, is only if there are objections and it would only be input from whomever filed the objection. He asked staff if that is correct. Associate Planner Lao replied yes. Vice-Chair Eng asked if this is a staff level hearing. Chair Tang replied yes. He asked staff if all Minor Exception applications come before the Planning Commission. Associate Planner Lao replied no, and the only Minor Exception applications that come before the Planning Commission are if the applicant wants to build a home greater than 2,500 square feet or they want to build a new single-family dwelling unit on a lot where there is an existing nonconforming. Chair Tang stated that he trusts that staff works with the applicants to incentivize them to bringing existing nonconforming structures to compliance and asked but is that codified into the Municipal Code or is there a process that staff goes through when looking at illegal structures. Community Development Director Kim replied yes, and it is done working with the applicant with the review of the application and the plans. He added the fact that the property is nonconforming makes it difficult for some items to be conforming and gave an example. He said if a structure is nonconforming it is legal nonconforming which means it is legally allowed to exist. Vice-Chair Eng asked if there are a lot of legal nonconforming uses in residential areas. Associate Planner Lao replied there are some, but not too many. Chair Tang asked the Planning Commission if they had any further questions or comments for staff. None 4 Chair Tang opened the Public Hearing and invited anyone wishing to speak on this item to come forward. Raymond Hu stated his parents reside in Rosemead. He would like to acknowledge Director of Community Development Kim and his team and thanked them for proposing this ordinance because his family is one of those that was hindered by the glitch in this ordinance. He explained that they were unable to get the written consent of all the neighbors,they got some, but not all. He added the neighbors that did not provide written consent did not even live at the location where his family lives, and they had trouble reaching them. He said his family sent letters, but the neighbors never responded to his family. His parents felt like the neighbor was the judge, jury, and executioner and without their written consent,they were not even going to be able to submit an application. He stated there is not even an appeal process for them to go through to get this application submitted, so it wasn't like they wanted to circumvent any laws,they just couldn't submit the application because they did not get the written consent. He added in the City of Rosemead,considering the demographics, not a lot of people are well versed,and English is not their first language, so when the community receives written documents from the City they are afraid to sign anything because they do not know what it is for. He added his family's application just sat there because even though Director of Community Development Kim and his team tried to help them, and they also had their hands tied because of this law. He said his family fully supports this law because it provides an opportunity for the neighbors to provide reasons for not withholding consent through a public hearing and not an actual written consent. He said to him if he was on the other side it would be very intimidating and if he didn't care much for his neighbor he wouldn't sign the consent form. Having the Public Hearing sort of satisfies both sides of the application process,and his family stands behind this and fully supports this proposed amendment. He thanked the Planning Commission for their time. Chair Tang thanked Mr. Hu and asked if there were any further questions or comments from the public. None Chair Tang closed the Public Hearing and asked if the Planning Commission had any further questions or comments. Vice-Chair Eng thanked Mr. Hu for his presence and for putting a face to this frustration. She also wants to applaud staff for doing this, because properties are a very valuable investment for everyone, and property owners, especially for those who take pride in their homes and want to improve them. She thanked Mr. Hu and his family for coming forward and letting the City know they would like to do the right thing, but this procedure isn't working, and it takes actions like this to better things. Chair Tang stated that the initial requirement to seek the neighbor's consent for any development on your property is well intentioned. It creates a community where neighbors can live peaceably together but understanding that Rosemead's community is a majority of rentals,you may not be able to reach the homeowners. He stated this change is good, it will address some of the issues that homeowners face, and he is fully in support of this. He added if there are no further questions or comments please make a motion. Vice-Chair Eng made a motion,seconded by Commissioner Lopez to Adopt Planning Commission Resolution No. 19-04 with findings, a Resolution recommending that the City Council adopt Ordinance No. 987 for the approval of MCA 19-01. Vote resulted in: Ayes: Eng, Herrera, Lopez,Vuong,and Tang Noes: None Abstain: None Absent: None 5 Community Development Director Kim stated the motion passes with the vote of 5 Ayes and 0 Noes. He explained this item will be scheduled for the next City Council meeting. 4. CONSENT CALENDAR A. PC MINUTES 2-4-19 Commissioner Lopez made a motion,seconded by Vice-Chair Eng,to approve PC Minutes 2-4-19 as presented. Vote resulted in: Ayes: Eng, Lopez,and Tang Noes: None Abstain: Herrera and Vuong Absent: None Community Development Director Kim stated the motion passes with the vote of 3 Ayes, 0 Noes, 2 Abstain, and 0 Absent. 5. MATTERS FROM STAFF Planning & Economic Development Manager Valenzuela extended an invitation from D.R. Horton to the City Council, Planning Commission, and staff for the Grand Opening of the D.R. Horton 21-Unit Planned Development adjacent to Don Bosco Technical Institute. It will be held on Wednesday, March 20, 2019 at 10:00 am,which includes a tour of a model home and a ribbon cutting. She added refreshments will also be served. Chair Tang thanked staff and requested staff to email the address of the site to the Planning Commissioners. Vice-Chair Eng commented this is a nice project,thanked staff, and expressed she would like to see it. 6. MATTERS FROM THE CHAIR&COMMISSIONERS Commissioner Lopez asked who maintains the Savannah Cemetery landscaping and requested they be contacted because it is overgrown and needs attention. Planning & Economic Development Manager Valenzuela replied Code Enforcement has a code case opened for this property and is currently searching for the contact person to address the issues. Chair Tang asked if staff had reached out to a former Commissioner. Planning&Economic Development Manager Valenzuela replied yes, but staff has not received a response. Commissioner Lopez commented that goats had been used previously. Chair Tang stated the community also volunteered and added that maybe a volunteer day should take place. Commissioner Lopez asked staff if there is going to be a grand opening for the apartments by Garvey Avenue,west of Walnut Grove Avenue. Planning& Economic Development Manager Valenzuela asked if Commissioner Lopez is referring to Garvey and Willard. It is located at New Garvey 168 Plaza and they are close to obtaining a Certificate of Occupancy and staff is 6 still working with them. She added they will have an event in the future and when they do,staff will extend an invitation to the Planning Commission. Vice-Chair Eng welcomed newly appointed Planning Commissioner Michael Vuong and is looking forward to working with him, along with his youthfulness, his energy, and his contributions. She added it is fulfilling work and is glad he has joined them. She stated her second item is that she did receive an email from a resident about the ADU Ordinance and her question is that if someone with about a 7,000 square feet lot and the existing home is about 1,000 square feet do they have the ability to construct an ADU and how big can the ADU be under the existing ordinance. Planning& Economic Development Manager Valenzuela replied if the house is about 1,000 square feet,they are able to build fifty-percent of that, so an ADU could be around 500 square feet. Vice-Chair Eng asked if that is the City's current existing ordinance. Planning& Economic Development Manager Valenzuela replied yes. Chair Eng stated that on February 29th there was an article in the San Gabriel Valley Tribune that reported on the shortage of housing in the State of California. In that report it alleged that the City of Rosemead has not approved any new housing improvements since"2013"and she knows for a fact that is not the case,so she would just like to get this on the record. She knows that this Planning Commission has worked very diligently and has approved many housing units, so she does not know where that author is getting his information, but it is not correct information. She added that she just wanted to share this information with the Planning Commission and recommended if they see information that is inaccurate please let staff know. She would not like to have the City and staff's work misrepresented. Commissioner Herrera welcomed Commissioner Michael Vuong and congratulated him. Commissioner Vuong stated he is looking forward to working with the Planning Commissioners. Chair Tang stated he would like to reiterate and congratulate Commissioner Vuong on his appointment and he looks forward to working with him. 7. ADJOURNMENT Meeting adjourned at 7:38 pm. The next regular Planning Commission meeting will b- on M•• •. , March 18,2019 at 7:00 pm in the Council Chambers. dir 124 JoM Tan! LeaES Chair cJcx Rachel Lockwood Commission Secretary 7