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PC - 2009-01 - Approving Conditional Use Permit 08-11 for the Operation of A Traffic School Located at 7728 Garvey Avenue, Unit 4rI PC RESOLUTION 09-01 u A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 08-11, FOR THE OPERATION OF A TRAFFIC SCHOOL, LOCATED AT 7728 GARVEY AVENUE, UNIT #4, IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5285-036-002). WHEREAS, on November 24, 2008, Eddie Wong of City Driving and Traffic School, filed a Conditional Use Permit application to operate a traffic school, located at 7728 Garvey Avenue, Unit #4; and WHEREAS, 7728 Garvey Avenue, Unit 4, is located in the C-3 (Medium Commercial) Zone; and WHEREAS, Section 17.112.020(5) of the Rosemead Municipal Code (RMC) permits the operation of education institutions in any zone upon the granting of a Conditional Use Permit; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.112.010 of the Rosemead Municipal bode authorize the Planning Commission to approve, conditionally approve or deny Conditional Use Permits; and WHEREAS, Sections 17.112.010 of the Rosemead Municipal Code specifies the criteria by which a Conditional Use Permit may be granted; and WHEREAS, on January 8, 2009, twenty-eight (28) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices posted in five (5) public locations and on-site, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 08-11; and WHEREAS, on January 20, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 08-11; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional Use Permit 08-11 is categorically exempt from environmental review as a Class 9 Exemption pursuant to Section 15309 of the California Environmental Quality Act (CEQA) relative to projects consisting of inspections to check for the performance of an operation, or for quality, health, or safety of a project. Accordingly, Conditional Use Permit 08-11 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 08- 11 according to the criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The Conditional Use Permit applied for is authorized by the provisions of this title and that the granting of such Conditional Use Permit will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located. FINDING: The permit is for the operation of traffic school, which is permitted. in any zone upon the granting of a Conditional Use Permit. This site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. B. The establishment, maintenance or conduct of the use for which the Conditional Use Permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood. FINDING: The proposed use will not endanger or be detrimental to surrounding properties as conditions of approval have been incorporated upon the issuance of this permit, requiring improvements to the property, limitations to the occupancy by limiting the maximum number of students per class to six (6) and number of employees to one (1), and the overall maintenance of the site. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental or injurious to the general welfare of the City. FINDING: The proposed use will not be detrimental or injurious to the general welfare of the City as conditions of approval have been incorporated upon the issuance of this permit requiring limitations of occupancy. D. Issuance of the Conditional Use Permit is consistent with the General Plan. FINDING: The proposed use is located within a commercial district of the 0 City. The General Plan designation is Mixed-Use Residential/Commercial and on the zoning map it is designated for C-3 (Medium Commercial) Zone. The proposed use is in conformity with the General Plan and complementary to the existing businesses surrounding the property. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 08-11, to allow the operation of a traffic school, located at 7728 Garvey Avenue, Unit 4, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4. This resolution is the result of an action taken by the Planning Commission on January 20, 2009, by the following vote: YES: GAY, LOPEZ, AND VUU NO: NONE ABSENT: CAM AND KUNIOKA ABSTAIN: NONE SECTION 5. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 20t" day of January 2009. Daniel Lopez, Ch an CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 20th day of January 2009, by the following vote: YES: GAY, LOPEZ, AND VUU NO: NONE ABSENT: CAM AND KUNIOKA ABSTAIN: NONE Sheri Bermejo, Secretary EXHIBIT "B" CONDITIONAL USE PERMIT 08-11 7728 Garvey Avenue, Unit #4 CONDITIONS OF APPROVAL January 20, 2009 1. Conditional Use Permit 08-11, is approved for the operation of a traffic school, developed in accordance with the plans marked Exhibit "C", dated November 24, 2008. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Conditional Use Permit 08-11 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he/she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 3. Conditional Use Permit 08-11 is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use, or request an extension within 30-calendar days before the expiration of the six (6) month approval period. Otherwise, Conditional Use Permit 08-11 shall become null and void. 4. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 5. Conditional Use Permit 08-11 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval, based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the city, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Conditional Use Permit 08-11. 6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or • G employees to attack, set side, void, or annul, an approval of the Planning Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 7. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 8. The hours of operation shall be posted on the front window or door. 9. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the City Planner. All trash and debris shall be contained within approved trash enclosure(s). 10. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. Prior to occupancy, all requirements and appropriate licenses of the State of California shall be complied with and maintained at all times. 11. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of inch, contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the City Planner. 12. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Department. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such striping shall be maintained in a clear, visible, and orderly manner. 13. The parking space markers-including double striping, wheel stops, and handicapped--shall be repainted periodically to city standards and to the satisfaction of the planning department. 14. The applicant shall maintain a minimum clearance of five (5) feet (free of any debris, storage, furniture, etc.) from any electrical/mechanical equipment and/or emergency exits. 15. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and. debris. All trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition.. The trash • i enclosure doors shall be closed at all times (Modified by the Planning Commission on January 20, 2009). 16. Conditions of approval listed on Exhibit "B" shall be copied directly onto final development plans submitted to the Planning and Building Division for review. i 17. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24-hour, Graffiti Hotline can be called at (626) 569-2345 for assistance. 18. The maximum number of students per class shall not exceed six (6) students and the maximum number of employees shall not exceed one (1) employee. 19. No instructional vehicles shall be stored onsite. 20. Prior to the issuance of a Certificate of Occupancy, all landscape planters requiring rehabilitation shall be improved with new, colorful and drought tolerant shrubs, flowers and ground covers. All landscaped planters shall be maintained with adequate landscaping and shall be maintained on a regular basis including the removal of trash and litter. 21. Prior to the issuance of a Certificate of Occupancy, all improvements to the existing signage onsite shall be completed. This includes: a. Remove all excess window signage on the front elevation of the commercial building (specifically, Units 1, 4, 5, 6, 7, 8 and 9). Window signs shall cover no more than fifteen (15) percent of window and glass door areas. b. The existing pole sign cabinet shall be refurbished and repainted. Remove all signage of businesses that are no longer operating in the commercial building. c. All unpermitted signage shall be removed. This includes free- standing signs in the parking area (specifically, "AAA Healthy Nutrition"), banners, building signage of businesses that are no longer operating in the commercial building (specifically, "Guiferen") and building signs that have been installed without the appropriate permits (specifically, "Dvon"). 22. No behind the wheel driving instruction of any kind shall be permitted onsite (Added by the Planning Commission on January 20, 2009). 23. Violation of the conditions of approval may result in citation and/or the initiation of revocation proceedings.