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PC - Minutes - 11-18-24Minutes of the PLANNING COMMISSION MEETING November 18, 2024 The regular meeting of the Planning Commission was called to order by Chair Escobar at 7:01 PM PLEDGE OF ALLEGIANCE — Commissioner Berry INVOCATION — Commissioner Tang ROLL CALL — Chair Escobar, Vice -Chair Ung, Commissioner Lopez, Commissioner Tang and Commissioner Berry are present. STAFF PRESENT — Director of Community Development Valenzuela, Senior Planner Lao, and Commission Liaison Haworth. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney Stephanie Gutierrez presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE There being no comments, Chair Escobar opened and closed the Public Comment period. 3. PUBLIC HEARINGS A. GENERAL PLAN AMENDMENT 23-01 and ZONE CHANGE 23.01— The 2021-2029 Housing Element was adopted by the Rosemead City Council on January 11, 2022, and certified by the California Department of Housing and Community Development on August 1, 2022. The Housing Element sets forth goals, policies and programs that address future housing needs for all income levels over a planning period of 2021-2029 and coincides with the Regional Housing Needs Assessment (RHNA), a unit count established by State Housing Law. During the Housing Element process, the City assessed a number of sites in its Sites Inventory that would be able to accommodate the City's allocated RHNA of 4,612 units. With units entitled and under review, as well as anticipated ADUs, the City has adequate capacity for its RHNA units. However, to further accommodate for the City's RHNA numbers and to comply with SB 166 (no net loss), the City identified ten candidate sites to be rezoned (Housing Element Rezoning Efforts). The rezoned sites will meet the requirements of Government Code §65583.2, including but not limited to a minimum density of 20 units per acre, minimum site size to permit at least 16 units on site, and zoned to allow ownership and rental housing by -right in which at least 20 percent of the units are affordable to lower income households. The Housing Element rezoning efforts includes changes to the City's General Plan and Zoning Map to implement the City's certified Housing Element. Rosemead Planning Commission Meeting Minutes of November 18, 2024 1 of 7 CEQA — The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) because the project is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that the proposed project, Housing Element Rezoning Efforts, will not have a significant effect on the environment. The Housing Element Rezoning Efforts includes changes to the City's General Plan and Zoning Map to implement the City's certified Housing Element, as required by State law. No development projects are proposed as part of the Housing Element Rezoning Efforts. Furthermore, each future development proposal on any of the Housing Element Rezoning Effort sites will have to go through their own environmental analysis pursuant to CEQA to evaluate potential impacts specific to that proposal. Accordingly, General Plan Amendment 23-01 and Zone Change 23-01 is exempt from CEQA pursuant to Section 15061(b)(3). STAFF RECOMMENDATION — That the Planning Commission: 1. Conduct a public hearing and receive public testimony; and 2. Adopt Planning Commission Resolution No. 24-10 with findings (Exhibit "A"), a resolution recommending that the City Council adopt City Council Resolution No. 2024-65 (Exhibit "B") and Ordinance No. 1024 (Exhibit "C") for the approval of General Plan Amendment 23-01 and Zone Change 23-01. Senior Planner Lao presented the staff report. Chair Escobar opened the Public Hearing. Commissioner Tang asked staff to elaborate on how the project will "further accommodate the City's RHNA numbers". Senior Planner Lao replied that State HCD requires the City to have a buffer. For this reason, the additional ten sites are buffers in case the RHNA numbers are not met. Commissioner Tang asked if the City had a buffer at the start of the Housing Element Update. Senior Planner Lao replied that in the Housing Element Update, the City created a list of candidate sites to be rezoned. She added that Appendix C illustrates the additional sites that can accommodate for our RHNA. Community Development Director Valenzuela replied that through the certification process, the City did not rezone the sites. The State allows almost two years to rezone and the City is taking the initiative now. Commissioner Tang thanked staff for the clarification. Vice Chair Ung asked if the properties were chosen because they can accommodate the housing quantities and questioned if the locations are currently being used as housing or were the property owners approached. Rosemead Planning Commission Meeting Minutes of November 18, 2024 2of7 Senior Planner Lao responded that when the City was working with the City's consultant, RRM Design Group, to update the Housing Element, the City did identify some sites and conducted public outreach. In addition, the sites met Government Code Section 65583.2. Senior Planner Lao read the criteria from Government Code Section 65583.2. This includes, vacant site zoned for residential use, vacant site zoned for non-residential use that allow residential development, residentially zoned sites that are capable of being developed at a higher density, including sites owned or leased by the City, County or City and County, sites zoned for non-residential use that can be redeveloped for residential use and for which the housing elements includes a program to rezone the site as necessary rezoned for to permanented residential use included sites owned or leased by City, County or City and County, sites must have a minimum density of 20 units per acre, sites must be large enough to accommodate at least 16 units onsite, and sites must be zoned to allow ownership and rental housing by right, in which at least 20% units are affordable to lower income households. Vice -Chair Ung questioned if adopting these amendments and zone changes would be considered by -right, and therefore, would not require the entitlement process. Senior Planner Lao explained that if a project proposes at least 20% affordable units for lower income households, it will be by -right. However, there are sites that are above moderate. If it is in the RC-MUDO, which requires design review, then it will come before the Planning Commission. Vice -Chair Ung asked in the future, would there be an outreach to the property owners to push for these developments or is the City rezoning to make it easier for them to develop. Senior Planner Lao replied that the City is not obligated to produce, construct, or develop these allocated units. The City is only required to develop the policies, programs, and zoning to incentivize and allow the anticipated growth. Commissioner Lopez asked if these ten sites were vacant or if there are currently built with houses on the site and questions if the owners are looking to upgrade the properties into additional units. He also questioned where these sites are located in the City. Senior Planner Lao referred to the staff report and provided the location and proposed zoning of each site. In addition, she also detailed the current uses of each site. Commissioner Lopez asked if there are current developers who are interested in developing these sites. Director Valenzuela replied that the City has spoken to some property owners and developers in the past and there is interest, however, the City did not receive any formal plans. Commissioner Lopez commented if there are potential interests on these sites already. Director Valenzuela answered that there could be once the sites are rezoned and formal plans may be submitted. Commissioner Berry commented that it is great that these sites are getting rezoned to give opportunities for changes to the City. Chair Escobar opened the floor for the Public Testimony. Commission Liaison Haworth stated that the City received a public comment card from Tuan Quach. Rosemead Planning Commission Meeting Minutes of November 18, 2024 3 of 7 Mr. Quach, a Rosemead resident, stated his name and address. He addressed his concerns related to the increase of traffic and the environmental impacts it will have on the residents in the area. Commissioner Berry commented that he understood Mr. Quach's concerns, but there is no construction, it is simply a zone change. Mr. Quach further commented that the City is rezoning the site to mixed-use, and he is objecting to the construction that will happen in the future. Director Valenzuela added that during the development process, if an applicant submits a project, there is a CEQA review. Each project goes through CEQA, and if the project goes through any entitlement process, the residents will be notified. Commissioner Tang commented that the Commission should take this opportunity to explain the difference between a project specific public hearing and the purpose of the public hearing tonight. City Attorney Gutierrez explained that zone changes or general plan amendments are administrative in nature and set policies and regulations for future development. These policies and regulations are documents which can be amended and that is what is going before the Commission tonight. This is different from a project specific public hearing, as that type of public hearing occurs when a developer decides to purchase a site for development, and they must abide by these policies and regulations. Typically, project specific hearings will require a notification process which provides an opportunity for the surrounding residents to voice their concerns. Commission Berry asked if the zone change was mandated by the State. Senior Planner Lao confirmed that the rezoning is required by the State. Commissioner Tang commented that Commissioners should adhere to the common practice of allowing the speakers to complete their comments before the Commissioners' dialogue. Commissioner Berry apologized and clarified the intent of the public hearing Temple City resident, Linda Wang, stated her name and address. She is concerned about the increase of traffic and noise since three of the properties are located on Lower Azusa Road. In addition to the environmental studies, she questioned if a real estate impact study will be completed. She wanted to understand what the classification is based on for lower income, why it was allocated this way, and expressed safety concerns for the community in that area. Residents Taylor Nazario and Patricia Moreno stated their name and address. They had concerns about development on Darlington Street, the future increase in traffic, and questioned if there was a timeline for construction, the type of housing, and how that will impact their quality of life. Rosemead resident, Luis De Santiago stated his name and address. He is concerned about the property value and how it will affect the residents who live directly behind and adjacent to the property site. Temple City resident, Grace Yan stated her name and address. She expressed concerns that three of the sites are close to her property and wanted to know why the City is rezoning them for the lower income units. She questions the parameters of classification for low income and who will be moving into the units in the future. Lastly, she is concerned about the notification radius to the resident and why her neighbors weren't notified. Rosemead Planning Commission Meeting Minutes of November 18, 2024 4of7 There being no additional questions or public comments, Chair Escobar closed the Public Testimony Senior Planner Lao responded to Ms. Wang's questions regarding the impact on real estate, lower income, and the close proximity to an elementary school. For this parcel, the City has not received any plans yet; the City is only rezoning these properties. It is stated that approximately 37 units will be in the lower income category as designated by the State. The City does not require a real estate impact report, it will be approved by right if they are proposing at least 20% lower income units in accordance with State law. Senior Planner Lao addressed Ms. Nazario and Ms. Moreno's concerns. She stated there is no development for Darlington Street; the City is only rezoning the three parcels, which are listed in the staff report. The City cannot anticipate a timeline because no developers have submitted a formal application. When developers submit a proposed project for this site, the applicant must go through a CEQA analysis, which will take into consideration wildlife, traffic, noise, air quality and other factors. Senior Planner Lao answered Mr. De Santiago and stated the City cannot predict how it will affect the property values. Senior Planner Lao responded to Ms. Yan's concerns about the lower income units and explained that the State provided the City with a RHNA number of 4,612; 25% of that will be 1,154 for lower-income units, and 13.8%, which is 638, will be for low-income units. These numbers are delegated throughout the City and not just the Lower Azusa site. In addition, she clarified the notification process and stated that this project was notified to residents within 300 feet of the site. Since the Linden Walk Community is a large site, it may not have reached the entire community and only Ms. Yan's property was within the 300 -feet buffer. There being no additional questions or public comments, Chair Escobar opened the floor to the Commissioners. Commissioner Lopez clarified what low income means. He stated that these lower income homes just means that it is easier for a home buyer to purchase a property because it has been subsidized by the State. They have to meet certain income requirements and are usually first-time home buyers. Vice -Chair Ung added that only 20% of the quantity of units fall into these categories, not the entire site will be for future low-income units. Commissioner Tang further clarified that the duties of a municipal government are primarily land use decisions to determine what allowable uses are permitted on a property. He stated that tonight's meeting is about the policies and what the permitted uses are on a site. Cities are obligated to comply with the State laws which include the City's Certified Housing Element. The Housing Element is a document that stipulates what the City is doing to increase affordable housing. The State acknowledges the lack of affordable housing and the demand for affordable housing is high. The State is now mandating cities to rezone certain areas in the City for more housing developments. There are no project specific plans. Tonight, they are setting up the policy of what is allowable on these sites. City Attorney Gutierrez reiterated that this is a State mandate, and the City is identifying sites that are adequate to accommodate what the State is requiring the City to do. The State is demanding Cities to have a certain number of sites that can indicate that these sites are for lower income. The City is following through on what is required by the State. Commissioner Berry thanked Commissioner Tang for the clarification and hopes everyone understands. There being no additional questions or public comments, Chair Escobar closed the hearing period and requested a motion and a second motion. Rosemead Planning Commission Meeting Minutes of November 18, 2024 5of7 ACTION: Commissioner Berry motioned to approve the project and seconded by Commissioner Lopez. Vote resulted in: Ayes: Berry, Escobar, Lopez, Tang and Ung Noes: None Abstain: None Absent: None Vote resulted in 5 Ayes, 0 Noes, and 0 Abstain, 0 Absent. 4. CONSENT CALENDAR PC MINUTES 09.16-24 Chair Escobar requested motions to approve the minutes. ACTION: Commissioner Tang motioned to approve, and Commissioner Lopez seconded the motion. Vote resulted in: Ayes: Berry, Escobar, Lopez, Tang and Ung Noes: None Abstain: None Absent: None Vote resulted in 5 Ayes, 0 Noes, and 0 Abstain, 0 Absent. 5. MATTERS FROM STAFF Director Valenzuela kindly reminded the Commissioners that the City will be having its annual Christmas Tree Lighting on Tuesday, December 3rd at 6:00 p.m. and wished them Happy Thanksgiving. 6. MATTERS FROM THE CHAIR & COMMISSIONERS The Planning Commissioners all thanked staff for their hard work and expressed their appreciation. ADJOURNMENT Chair Berry adjourned the meeting at 7:40 p.m. The next Planning Commission Meeting is scheduled for December 2, 2024, at 7:00 PM in the Council Chambers. Rosemead Planning Commission Meeting Minutes of November 18, 2024 6of7 ATTEST: L a Lam Administrative Assistant Rosemead Planning Commission Meeting Minutes of November I8, 2024 7of7 Emma Escobar Chair