PC – 2025-04 – Approving CUP 24-04, Permitting a Massage Services Use in a Medium Commercial Zone With Design and Freeway Corridor Mixed-Use Development - Block Overlays (C-3/D-O/FCMU-B)EXHIBIT "A"
PC RESOLUTION 25-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 24-04, PERMITTING A
MASSAGE SERVICES USE IN A MEDIUM COMMERCIAL ZONE WITH
DESIGN AND FREEWAY CORRIDOR MIXED-USE DEVELOPMENT -
BLOCK OVERLAYS (C-3/D-OIFCMU-B).
WHEREAS, on October 15, 2024, Xiuru Dougherty submitted an application for a
Conditional Use Permit to operate a massage services use at 8632 E. Valley Boulevard,
Unit C.
WHEREAS, 8632 E. Valley Boulevard is located in the Medium Commercial Zone
with Design and Freeway Corridor Mixed -Use Development - Block Overlays (C-3/13-
O/FCMU-B).
WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the
criteria for a Conditional Use Permit;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.132.040 of the Rosemead Municipal Code authorize the Planning Commission
to approve, conditionally approve, or deny Conditional Use Permit applications;
WHEREAS, on March 27, 2025, thirty-six (36) notices were sent to property
owners within a 300 -foot radius from the subject property, the notice was published in the
Rosemead Reader, and notices were posted in five (5) public locations and on site,
specifying the availability of the application, and the date, time, and location of the public
hearing for Conditional Use Permit 24-04;
WHEREAS, on April 7, 2025, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use
Permit 24-04; 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 24-04 is classified as a Class 1 Categorical Exemptions, Section 15301 of the
California Environmental Quality Act (CEQA) guidelines exempts projects consisting of
the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use beyond that existing at the time of
the lead agency's determination. Accordingly, CUP 24-04 is classified as a Class 1
Categorical Exemption, pursuant to Section 15301 of CEQA guidelines.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Conditional Use Permit 24-04, in accordance with
Section 17.132.040 of the Rosemead Municipal Code as follows:
FINDING 1: Approval of the application will not be incompatible or injurious to other
properties or land uses in the vicinity or create conditions materially detrimental to the
public health, safety and general welfare.
FACT: The project site is located within an established commercial corridor of the
City. Conditions of approval will ensure that the public health, safety, and general welfare
would be protected. Conditions such as sufficient exterior lighting and video surveillance
provisions have been recommended by the Chief of Police and incorporated to protect
the land uses within the vicinity. Furthermore, the Chief of Police has reviewed the crime
statistics and security plan and noted that there were no concerns associated with the
proposed business or site. As conditioned, the use would not produce any foreseeable
substantial negative impacts to the properties in the vicinity or create conditions materially
detrimental to the public health, safety, and general welfare.
FINDING 2: The use is consistent with the General Plan.
FACT: The General Plan Land Use Designation for the property is Mixed -Use:
Residential/Commercial (60du/ac), which accommodates mixed-use commercial, office,
and residential uses and provides options for innovative approaches to land use and
development. Such complementary use stimulates business activity, encourages
pedestrian patronage, and provides a broader range of options to property owners to
facilitate the preservation, re -use and redevelopment of structures. Approval of this
application will reinforce the mix of commercial uses and fill a vacancy in the existing
shopping center, which will enhance the economic opportunities along the commercial
corridor. The use is consistent with the goals listed in the General Plan.
FINDING 3: The use is consistent with the provisions of this Zoning Code.
FACT: Per Rosemead Municipal Code, Table 17.16.020.1, approval of a
Conditional Use Permit is required to establish a massage services use within the Medium
Commercial (C-3) zone. The use is consistent with the applicable provisions of the Zoning
Code and has satisfied all of the applicable minimum requirements of the Zoning Code.
FINDING 4: Processing and approval of the permit application are in compliance
with the requirements of the California Environmental Quality Act.
FACT: Section 15301 of the California Environmental Quality Act guidelines
exempts projects consisting of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond
that existing at the time of the lead agency's determination. Accordingly, Conditional Use
Permit 24-04 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301
of California Environmental Quality Act guidelines.
FINDING 5: If development is provided for under the Conditional Use Permit, the
project is consistent with the goals and objectives of the applicable standards and Design
Guidelines in the overlying district.
FACT: The project does not include any new development and would not increase
the floor area of the existing building. The proposed commercial tenant improvement
would not alter the exterior facade of the commercial building. The commercial tenant
improvement will require a new water heater which will be located within the unit.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 24-04, permitting a massage services use located at 8632 E. Valley Boulevard,
Unit C and subject to the conditions listed in Attachment "A" attached hereto and
incorporated herein by reference.
SECTION 4. This action shall become final and effective ten (10) days after this
decision by the Planning Commission, unless within such time a written appeal is filed
with the City Clerk for consideration by the Rosemead City Council as provided in
Rosemead Municipal Code, Section 17.160.040 —Appeals of Decisions.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on April 7, 2025, by the following vote:
AYES:
BERRY, ESCOBAR, AND TANG
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
LOPEZ AND UNG
SECTION 6. 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 7th day of April 2025.
Emma Escobar
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 7th day of April,
2025 by the following vote:
AYES: BERRY, ESCOBAR, AND TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: LOPEZ AND UNG
Lily Valenzuela, Secretary
APPROVED AS TO FORM:
Stephanie Gutierrez, tanning Commission Attorney
Burke, Williams & Sorensen, LLP
ATTACHMENT"A"
(PC RESOLUTION 25-04)
CONDITIONAL USE PERMIT 24-04
8632 E VALLEY BOULEVARD
(APN: 5390-001-058)
CONDITIONS OF APPROVAL
APRIL 7, 2025
Standard Conditions of Approvals
1. Conditional Use Permit 24-04 ("Project') is approved for a massage services use,
in accordance with the plans marked Exhibit "B", dated March 10, 2024. Any minor
revisions to the approved plans must be resubmitted for Planning Division review
and, if satisfactory, approval.
2. The following conditions must be complied to the satisfaction of the Planning
Division prior to final approval of the associated plans, building permits, occupancy
permits, or any other appropriate request.
3. The conditions listed on this exhibit shall be copied directly onto any development
plans subsequently submitted to the Planning and Building Divisions.
4. Approval of Project shall not take effect for any purpose until the applicant(s) have
filed with the City of Rosemead ("City") 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.
5. The on-site public hearing notice posting shall be removed by the end of the 10 -
day appeal period of Project.
6. Project is approved for a period of one (1) year. The applicant(s) shall commence
the approved project or request an extension within 30 calendar days prior to
expiration. The one (1) year initial approval period shall be effective from the
Planning Commission approval date. For the purpose of this petition, project
commencement shall be defined as beginning the permitting process with the
Planning and Building Divisions, so long as the project is not abandoned. If Project
has been unused, abandoned, or discontinued for a period of one (1) year, it shall
become null and void.
7. The Planning Commission hereby authorizes the Planning Division to make and/or
approve minor modifications to the project and to these conditions of approval.
8. Project 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
Project.
9. The applicant(s) 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 employees to attack, set aside,
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.
10. The applicant(s) shall comply with all Federal, State, and local laws relative to the
approved use, including the requirements of the Planning, Building, Public Works,
Fire, Sheriff, and Health Departments.
11. Building permits will not be issued in connection with any project until such time as
all plan check fees and all other applicable fees are paid in full. Prior to issuance
of building permits, any required school fees shall be paid. The applicant shall
provide the City with written verification of compliance from the applicable school
districts.
12. The numbers of the address signs shall be at least six (6) inches tall with a
minimum character width of 3/4 inch, contrasting in color and easily visible at
driver's level from the street. Materials, colors, location, and size of such address
numbers shall be approved by the Community Development Director, or his/her
designee, prior to installation.
13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday
through Saturday. No construction shall take place on Sundays or on any federal
holiday, without prior approval by the City. The applicant shall abide by the noise
control sections of the Rosemead Municipal Code.
14. The Building Division, Planning Division, and Engineering Division shall have
access to the project site at any time during construction to monitor progress.
15. All requirements of the Building and Safety Division, Planning Division, and
Engineering Division shall be complied with prior to the final approval of the
proposed construction.
16. All ground level mechanical/utility equipment (including meters, back flow
prevention devices, fire valves, A/C condensers, furnaces, and other equipment)
shall be located away from public view or adequately screened by landscaping or
screening walls so as not to be seen from the public right-of-way.
17. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
18. The site shall be maintained in a graffiti -free state. Any graffiti shall be removed
within twenty-four (24) hours.
19. The site shall be maintained in a clean, weed and litter free state.
Project Specific Conditions of Approval
20. The operator of the massage business or establishment, and any massage
therapist that desires to work as an employee or independent contractor must
obtain a City of Rosemead business license pursuant to Chapter 5.24 of the
Rosemead Municipal Code prior to commencing operation or providing any
massage therapy and must thereafter maintain a valid business license.
21. No person may engage in conduct, carry on, or perform massage therapy unless
such person has a valid and active certificate from the California Massage Therapy
Council (CAMTC) created by California Business and Profession Code section
4600.
22. The massage establishment shall abide by all requirements set forth in the
Rosemead Municipal Code relating to massage establishments.
23. The massage establishment shall comply with the security plan approved by the
Chief of Police and Public Safety Department.
24. Curtains, closed blinds, tints, or any other material shall not block the visibility into
the interior reception and waiting areas during business hours.
25. The proposed signage shall be professionally constructed using high-quality
materials (i.e., metal -pinned, hardwood, or individually -mounted and internally
illuminated channel letters). A sign plan for the business shall be submitted to the
Planning and Building and Safety Divisions for review and approval.
Chief of Police Conditions of Approval
26. The establishment shall maintain a 24-hour video surveillance recording system to
include coverage of the following areas:
a. All patron and employee arrivals and departures
b. Immediate and adjoining parking areas
c. Entire exterior perimeter
d. Any office and cashier area
e. General floor area
27. The video surveillance must be stored for a minimum of 30 days and be made
available to law enforcement and code enforcement upon request.
28. The parking lot and exterior of the business must maintain good lighting during
the hours of darkness.
29. The property shall be subject to inspections by Code and Law Enforcement during
business hours.
Building & Safety Division Conditions of Approval
30. The second sheet of building plans is to list all conditions of approval and to include
a copy of the Planning Commission Decision letter. This information shall be
incorporated into the plans prior to the first submittal for plan check.
31. Plans prepared in compliance with the current Building Code shall be submitted to
the Building Division for review prior to permit issuance.
32. Fees shall be paid to the County of Los Angeles Sanitation District prior to the
issuance of the building permit.
33. All State of California disability access regulations for accessibility and adaptability
shall be complied with.
34. Summary of Accessibility Upgrades for Commercial Projects shall be completed
and the completed form shall be copied on the plans The form can be found at the
following link:
https://www.d ropbox.com/s/4xkjyn5fhggpotk/Accessibility%20Upgrade°/a2OSumm
ary%20Form.pdf?dl=0