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PC - Minutes - 04-17-23Minutes of the PLANNING COMMISSION MEETING April 17, 2023 The regular meeting of the Planning Commission was called to order by Chair Lopez at 7:03 p.m. PLEDGE OF ALLEGIANCE —Commissioner Tang INVOCATION - Vice -Chair Ung ROLL CALL - Commissioners Berry, Escobar, Tang, Vice -Chair Ung, and Chair Lopez STAFF PRESENT - City Attorney Gutierrez, Planning & Economic Development Manager Valenzuela, Associate Planner Lao, and Commission Liaison Huang 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney Gutierrez presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE There being no comments, Chair Lopez opened and closed the Public Comment period. 3. PUBLIC HEARINGS A. MINOR EXCEPTION (ME) 23-01 - Lisa Ung has submitted a Minor Exception application, requesting to construct a new 1,800 square -foot, two-story, single-family dwelling unit with an attached two -car garage at the rear of a lot and a new 619 square -foot tandem garage attached to the existing nonconforming, single-family dwelling unit. The granting of a Minor Exception application is required before the Planning Commission for new structures constructed on a lot where nonconforming structures exist and for the enlargement of an existing legal nonconforming structure. The project site is located at 7750 Hellman Avenue (APN: 5286-030-028), in the Light Multiple Residential (R-2) zone. CEQA - Minor Exception 23-01 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of the California Environmental Quality Act guidelines. PC RESOLUTION 23.02 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MINOR EXCEPTION 23-01, PERMITTING A NEW 1,800 SQUARE -FOOT, TWO-STORY, SINGLE-FAMILY DWELLING WITH AN ATTACHED TWO -CAR GARAGE AT THE REAR OF A LOT WHERE A LEGAL, NONCONFORMING SINGLE-FAMILY DWELLING UNIT EXISTS, AND THE ENLARGEMENT OF AN EXISTING LEGAL NONCONFORMING STRUCTURE FOR THE CONSTRUCTION OF A NEW 619 SQUARE FOOT TANDEM GARAGE ATTACHED TO THE EXISTING NONCONFORMING SINGLE-FAMILY DWELLING UNIT, LOCATED AT 7750 HELLMAN AVENUE (APN: 5286-030- 028), IN A LIGHT MULTIPLE RESIDENTIAL (R-2) ZONE. STAFF RECOMMENDATION - It is recommended that the Planning Commission adopt Resolution No. 23-02 with findings, and approve Minor Exception 23-01, subject to the 27 conditions. Associate Planner Lao presented the staff report Chair Lopez opened the Public Hearing. Rosemead Planning Commission Meeting Minutes of April 17, 2023 Page 1 of 4 Commissioner Tang referred to the new construction of the attached garage to the existing home and questioned if there's enough width space in terms of easement into the property to get access to the rear unit. He also inquired how long is the width of a driveway for a car to get through to the rear. Associate Planner Lao stated yes and elaborated that the applicant has proposed a 12 -foot driveway that will lead to the rear garage and complies with the City's Municipal Code, which requires 12 feet minimum. She added, when the car goes in, they can either go straight into the proposed tandem garage for the existing housing or go to the rear garage for the new home. Commissioner Escobar stated that she reviewed the Staff Report and agrees with staff recommendations to approve the item. Vice -Chair Ung inquired what the setback for a driveway from the street property was. Associate Planner noted that its 25 feet for front facing garage, and on these plans, it is 27 feet and 9 inches. Commissioner Berry noted that Rosemead has a lot of non -conforming properties and questioned what percentage of construction to a house that would require them to conform if they were to remodel or add on. Associate Planner Lao stated that this applicant had to go through a Minor Exception because they are building a new structure, and the nonconformity is within the existing home. She added, the side -yard setback is required to be six feet, however, it is five feet, so the new development will meet every setback required. Commissioner Tang addressed Commissioner Berry concerns and believed that he was questioning when a property owner is required to bring their property up to code if its grandfathered in non -conforming. Associate Planner Lao shared that our nonconforming section would grandfather in existing structures, but when they add new additions or new structures, those new additions or structures must conform. Commissioner Berry noted that if an applicant is doing 50% remodel, they do not need to fix that part and they just need permission to continue with the construction part. He added ne notice there are homes only a few inches away. Chair Lopez noted that if someone decides to demolish their whole property, then they must confirm to new code requirements. Commissioner Tang believes that the reason for that is because at the time of the construction of this existing unit, they could have been in conformance with the code at that time. He added, they should not be punished because their house has outlasted the evolution of the current existing code, and therefore its nonconforming, unless they want to knock that entire home down. Chair Lopez inquired how much of the house must be standing where they are not required to bring everything up to code. He noted, sometimes it is leaving a wall or a piece of something so they can keep it non -confirming. Associate Planner Lao stated that in this case, one wall is non -conforming, therefore, they must go through a Minor Exception. Vice -Chair Ung inquired if the applicant is allowed a single -car garage instead of tandem and asked if its due to the square footage of the property that there's doing this. She questioned if there is no threshold of square footage, where you can have a single, or does it always have to be a double. Rosemead Planning Commission Meeting Minutes ofApol 17, 2023 Page 2 of 4 Associate Planner Lao stated that in our Municipal Code, the existing or new single family dwelling unit requires two enclosed parking spaces in the garage, whether it be tandem or side by side, and the minimum is a double. Commissioner Tang questioned the floor area ratio (FAR) under the City's required maximum thirty-five to one and asked if the FAR increases under the new laws that allow property owners to build ADUs and possibly a second units. Associate Planner Lao explains in our Municipal Code, ADU's that are 800 or less does not count towards the FAR, and only if they go over, the remaining balance will count towards FAR. Commissioner Tang inquired if the FAR counts if they build a second unit. Associate Planner Lao stated correct. Seeing no additional questions, Chair Lopez asked if there was any public comment. Commissioner Liaison Huang stated that no public comments were received. There being no additional questions or public comment, Chair Lopez closed the public hearing period. ACTION: Commissioner Berry made a motion, seconded by Vice Chair Ung, to adopt Resolution 23-02 with findings, and approve Minor Exception 23-01, subject to the 27 conditions. Vote resulted in: Ayes: Berry, Escobar, Lopez, Tang, and Ung Noes: None Abstain: None Absent: None Roll call vote resulted in 5 Ayes and 0 Noes. Commission Liaison Huang explained the 10-day appeal process. 4. CONSENT CALENDAR A. PC MINUTES 02.06.23 Commissioner Tang made a motion, seconded by Commissioner Escobar, to approve PC Minutes 2-6-23 as presented. Vote resulted in: Ayes: Berry, Escobar, Lopez, Tang, and Ung Noes: None Abstain: None Absent: None Roll call vote resulted in 5 Ayes and 0 Abstain. 5. MATTERS FROM STAFF None 6. MATTERS FROM THE CHAIR & COMMISSIONERS Rosemead Planning Commission Meeting Minutes ofApol 17, 2023 Page 3 of 4 Commissioner Berry thanked staff for bringing in California Fish Grill and noted that the old Bahooka location cleaned up nicely. Planning and Economic Development Manager Valenzuela expressed that the new establishment, Boston Lobster, made a great effort to clean the area up. She also added that Crumbl Cookies will also be opening in the Rosemead Place Shopping Center. ADJOURNMENT Chair Lopez adjourned the meeting at 7:20 p.m. ATTEST: Rosemead Planning Commission Meeting Minutes ofApol 17, 2023 Page 4 of 4 Daniel Lopez Chair