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PC - 2009-16 - Approving Conditional Use Permit 09-06 at 8932 Mission Drive unit B-103PC 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: 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. 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: ALARCON, ENG, HERRERA, HUNTER AND RUIZ NO: NONE ABSENT: NONE ABSTAIN: NONE 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. Tana Herrera, Chairwoman 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: ALARCON, ENG NO: NONE ABSENT: NONE ABSTAIN: NONE HERRERA, HUNTER AND RUIZ Qmw< - Sheri Bermejo, Secr ary EXHIBIT "B" CONDTIONAL USE PERMIT 09-06 8932 MISSION DRIVE, Unit #13-103 (APN: 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 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. 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 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 02-881 (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. 27. Parents and guardians shall park their cars within the parking lot south of building B, and accompany their children to and from the learning facility at all times (Added by the Planning Commission on August 3, 2009).