Item 4A - Conditional Use Permit 09-06 - for 8932 Mission Drive Unit B-103ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: AUGUST 3, 2009
SUBJECT: CONDITIONAL USE PERMIT 09-06
8932 MISSION DRIVE, UNIT B-103
SUMMARY
Andalina Lam has submitted a Conditional Use Permit application to operate a Kumon
math and reading education center located at 8932 Mission Drive, Unit B-103, in the
C-3 (Medium Commercial) zone.
ENVIRONMENTAL DETERMINATION
Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts
projects that consist of inspections to check for the performance of an operation, or for
quality, health, or safety of a project. Accordingly, Conditional Use Permit 09-06 is
classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA
guidelines.
MUNICIPAL CODE REQUIREMENTS
Section 17.112.020 (6) of the Rosemead Municipal Code (RMC) allows the operation of
education institutions in any zone upon the granting of a Conditional Use Permit (CUP).
Section 17.112.010 sets the following criteria that must be met:
• That 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; and
• That 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; and
Planning Commission Meeting
August 3, 2009
Page 2 of 13
• That the granting of such Conditional Use Permit will not adversely affect the
General Plan of the City.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission APPROVE Conditional Use Permit
09-06 for a period of six (6) months and adopt Resolution 09-16, subject to the
conditions outlined in Exhibit "B" attached hereto.
PROPERTY HISTORY AND DESCRIPTION
The subject site is located on the south side of Mission Drive, between Ivar Avenue and
Rosemead Boulevard. The project site totals approximately 69,565 square feet (1.6
acres). On October 17, 2005, the Planning Commission approved Tentative Tract Map
061523 and Conditional Use Permit 04-968 for the development of a mixed-use
residential/commercial project consisting of two (2) buildings. Building "A" was
approved with 9,103 square feet of commercial area, consisting of 5,903 square feet of
office area and 3,200 square feet of restaurant area. Building "B" was approved with
sixteen (16) residential units, located above 11,098 square feet of office area.
On September 15, 2008, the Planning Commission approved Conditional Use Permit
04-968 (Modification #1) for the removal of an affordable housing condition. On April
20, 2009, the Planning Commission approved Conditional Use Permit 04-968
(Modification #2) to reclassify some of the tenant spaces from "office" to "retail" space,
and to allow all tenant spaces as a combination of "office/retail/restaurant."
Planning Commission Meeting
August 3, 2009
Page 3 of 13
Site & Surrounding Land Uses
The project site is designated in the current General Plan for Mixed-Use
Residential/Commercial and on the Zoning map it is designated C-3 (Medium
Commercial) zone. The site is surrounded by the following land uses:
North:
General Plan: Mixed-Use Residential/Commercial (0-30 du/acre) and Commercial
Zoning:
C-1 (Neighborhood Commercial) and C3 (Medium Commercial)
Land Use:
Commercial Center and Residential Condominiums
South:
General Plan:
Medium Density Residential
Zoning:
R-1 (Single-Family Residential) and R-2 (Light Multi-Family Residential)
Land Use:
Residential
East:
General Plan:
Mixed-Use Residential/Commercial (0-30 du/acre)
Zoning:
C-3 (Medium Commercial)
Land Use:
U-Haul rentals
West:
General Plan:
Mixed-Use Residential/Commercial (0-30 du/acre)
Zoning:
R-1 (Single-Family Residential) and C-1 (Neighborhood Commercial)
Land Use:
Residential
ADMINISTRATIVE ANALYSIS
Kumon is an international supplementary learning program which operates under a
national franchise system. The learning program has been in existence for over 50
years, and currently has centers in 45 countries. Kumon is primarily a home-based
learning program, which is designed to supplement school academics. The program
serves children between the ages of 4 and 15.
The applicant, Andalina Lam, is proposing to operate a Kumon education center within
the vacant tenant space, unit B-103, in Building "B." Ms. Lam has operated a Kumon
center within the City since 1996. Her current business is located at 3733 Rosemead
Boulevard. The intent of this application is to relocate her business.
Operations
According to the applicant, children visit the center twice a week to turn in homework
and take assessment tests. At the end of each session, the children receive homework
assignments which they complete at home. The applicant has indicated that typically a
child will spend between 20 to 40 minutes at the center each visit.
The applicant is proposing to provide instructional services on Monday and Thursday,
between the hours of 3:00 p.m. and 7:30 p.m., and on Saturday between the hours of
10:00 a.m. and 1:00 p.m. In addition to these hours, the applicant proposes to use the
center Monday through Saturday for general office activities from 8:00 a.m. to 5:00 p.m.
A condition of approval has been placed limiting the hours of operation accordingly.
Planning Commission Meeting
August 3, 2009
Paae 4 of 13
The facility will operate with a maximum of three (3) instructors, including the manager,
and six (6) students during each instructional period. No vehicles will be operated or
kept on site in conjunction with the subject business.
Parking
The proposed uses within the commercial portion of the building spaces are limited by
the available parking on site. According to the approved site plan, there are 137 parking
spaces available. Of the 137 spaces, 34 spaces are needed for the residential portion
of the project, and 103 spaces are provided for the commercial portion of the project.
Section 17.84.080(8) of the Rosemead Municipal Code (RMC) requires that land uses
involving trade, business, professional or vocational schools, colleges, and universities
provide one (1) space per employee on the largest shift plus one (1) parking stall for
each two (2) students the school is designed to accommodate. Based on these
requirements, a total of six (6) parking spaces are required for the operation of this
learning center.
Staff finds that the applicant's request for three (3) employees and six (6) students per
instructional period is acceptable. The floor plan submitted indicates that the proposed
center would occupy a unit that totals 1,380 square feet. Although parking requirements
for the existing development were calculated using the City's commercial parking
requirement of one (1) space per 250 square feet of floor area, the proposed use would
not require additional parking than what was originally planned for the development.
The following table provides a comparison of the two parking requirements.
COMPARISON OF PARKING REQUIREMENTS
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square feet of floor
1380 SF
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6
area
1 parking space
Education
per employee and
NA
3 employees and 6
6
Facility
1 space for each 2
students
students
Student Pick-up and Drop-off
According to the applicant, all children enrolled at Kumon are required to be escorted in
and out of the facility by their parent or guardian. The applicant has proposed "student
drop-off and pick-up" procedures, which will require that parents or guardians park their
cars within the designated parking area and walk with their children through the
entrance located on the east side of the building. Children will be required to be picked
Planning Commission Meeting
August 3, 2009
Paae 5 of 13
up through this same route. Staff has added a condition requiring that parents and
guardians accompany their children at all time to and from the education facility.
Staff has verified that there is sufficient lighting provided within the parking area, which
will further ensure a safe environment.
Site Improvements
A site inspection was completed on the subject property on July 29, 2009. It was
observed that the driveway entrance on the east side of the property was blocked and
inaccessible. For this reason, staff has included a condition of approval requiring that
all driveways be maintained accessible at all times.
Conclusion
Staff believes that the proposed use is consistent with the surrounding commercial
properties and land uses in the general area, with no foreseeable negative impacts to
the surrounding properties. Staff has included several conditions of approval to ensure
that any potential negative impacts to the adjacent neighborhood are minimized.
Furthermore, a condition of approval has been included to limit the maximum number of
students present for instruction and number of employees. Lastly, conditions have been
included that will provide for general property maintenance including trash storage, litter
clean-up and parking lot maintenance to protect the integrity of the site.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300-foot property owner public hearing notice, and postings of the notice at
the six (6) public locations and on the subject site.
Submitted by:
Sheri Bermejo
Principal Planner
EXHIBITS:
A. Resolution 09-16
B. Conditions of Approval
C. Site Plan, dated July 21, 2009
D. Assessor's Parcel Map (APN 5391-011-054)
Planning Commission Meeting
August 3, 2009
Page 6 of 13
EXHIBIT "A"
PC RESOLUTION 09-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 09-06, FOR THE
OPERATION OF A KUMON EDUCATION CENTER LOCATED AT 8932
MISSION DRIVE, #13-103 (APN: 5391-011-054).
WHEREAS, on June 25, 2009, Andalina Lam submitted a Conditional Use
Permit application to operate a Kumon education center, located at 8932 Mission Drive,
#B-103: and
WHEREAS, 8932 Mission Drive, unit #13-103, is located in the C-3 (Medium
Commercial) zoning district; and
WHEREAS, Section 17.112.020(6) 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 Code 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 July 23, 2009, fifty-nine (59) notices were sent to all property
owners within a 300-foot radius from the subject property, in addition to notices posted
in six (6) 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 09-06; and
WHEREAS, on August 3, 2009, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 09-06; 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:
Planning Commission Meeting
August 3, 2009
Page 7 of 13
SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional
Use Permit 09-06 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 09-06 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 09-06 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 a Kumon math and reading
education center, 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, by limiting the maximum number of students present for instruction to six (6) and
number of employees to three (3), and to enforce continuous maintenance of the
property.
C. The establishment, maintenance, and operation of the proposed use so
applied for will not, under the circumstances of the particular case will not 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 by limiting student and staff occupancy. The proposed after-school
learning center is anticipated to benefit City residents by helping their children with extra
curriculum and homework during after-school hours.
Planning Commission Meeting
August 3, 2009
Page 8 of 13
D. Issuance of Conditional Use Permit 09-06 is consistent with the General Plan.
FINDING: The proposed Kumon math and reading education center is located
within a commercial district of the 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 will be
complementary to the existing businesses and residential uses surrounding the subject
property.
. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 09-06 to allow the operation of an education center located at 8932 Mission
Drive, in unit #B-103, subject to conditions listed in Exhibit "B" attached hereto and
incorporated herein by reference.
SECTION 4. This action shall become final and effective ten (10) days after the
Planning Commission decision, unless within such time a written appeal is filed with the
City Clerk for consideration by the Rosemead City Council as provided in Section
17.124.070 of the Rosemead Municipal Code.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on August 3, 2009, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
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 3rd day of August, 2009.'
Diana Herrera, Chairwoman
Planning Commission Meeting
August3,2009
Paqe 9 of 13
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 3rd day of
August, 2009 by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Sheri Bermejo, Secretary
Planning Commission Meeting
August 3, 2009
Page 10 of 13
EXHIBIT "B"
CONDTIONAL USE PERMIT 09-06
8932 MISSION DRIVE, Unit #13-103
(AP N: 5391-011-054)
CONDITIONS OF APPROVAL
August 3, 2009
1. Conditional Use Permit 09-06 is approved for the establishment of an
education center to be developed in accordance with the plans marked
Exhibit "C", dated July 21, 2009. Any revisions to the approved plans must
be resubmitted for review and approval by the Planning Division.
2. Approval of Conditional Use Permit 09-06 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 09-06 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 09-06 shall become null and void.
4. Prior to occupancy, the applicant shall obtain a Certificate of Occupancy
and any applicable City of Rosemead business license.
5. The Planning Commission hereby authorizes the Planning Division to make
or approve minor modifications to the approved Plans where necessary.
6. Conditional Use Permit 09-06 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 09-06.
7. The applicant shall defend, indemnify, and hold harmless the City of
Rosemead or its agents, officers, and employees from any claim, action, or
Planning Commission Meeting
August 3, 2009
Paoe 11 of 13
proceeding against the City of Rosemead or its agents, officers, or
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.
8. 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.
9. The conditions listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
divisions for review.
10. The hours of operation for instructional services shall be limited to Monday
and Thursday, from 3:00 p.m. and 7:30 p.m., and Saturday, from 10:00 a.m.
to 1:00 p.m. In addition to the instructional service hours, administrative
office activities may take place Monday through Saturday, between 8:00
a.m. to 5:00 p.m. The hours of operation shall be posted on the front
window or door.
11. 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.
12. No portion of the lot, outside of the building, shall be used for storage of
any type, unless designated and approved by the Planning Division. All
trash and debris shall be contained within approved trash enclosure(s).
13. The numbers of the address signs shall be at least 6" tall with a minimum
character width of 1/4", 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 Principal Planner, or his or her designee,
prior to installation.
14. Occupancy will not be granted until all improvements required by this
approval have been completed, inspected, and approved by the appropriate
department(s).
15. 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.
16. 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.
Planning Commission Meeting
August 3, 2009
Page 12 of 13
17. 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 enclosure doors shall be
closed at all times.
18. Conditions of approval listed on Exhibit "B" shall be copied directly onto final
development plans submitted to the Planning and Building Division for
review.
19. The parking area, including handicapped spaces, shall be paved and re-
painted periodically to City standards to the satisfaction of the Planning
Division. In accordance with Chapter 17.84 of the Rosemead Municipal
Code, all designated parking stalls shall be double striped and have wheel
stops. Such striping shall be maintained in a clear, visible, and orderly
manner.
20. Adequate lighting shall be provided in the parking area during evening hours
of operation where deemed appropriate by the Planning Division. All
exterior lighting shall be directed away from adjacent properties.
21. The maximum number of students and employees present during any given
study session shall be limited to six (6) students and three (3) employees in
accordance with plans marked Exhibit "C" dated July 21, 2009.
22. No vehicles associated with the proposed Kumon education center shall be
stored onsite.
23. Any exterior signage shall be subject to the review and approval of the
Planning Division prior to installation. No sign will be approved unless it
satisfies the requirements of the Mission Village Master Sign Program.
24. The onsite public hearing notice posting shall be removed within 30 days
from the end of the 10-day appeal period of Conditional Use Permit 09-06
(Modification).
25. All driveway entrances and exits shall remain open and unobstructed at all
times.
26. Violations of the conditions of approval may result in citation and/or initiation
of revocation proceedings.
Planning Commission Meeting
August 3, 2009
Page 13 of 13
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