CC - 2007-39 - Denying Appeal and Approving Conditional use Permit 07-1103RESOLUTION 2007-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DENYING
APPEAL AND APPROVING CONDITIONAL USE PERMIT 07-1103, FOR
THE ESTABLISHMENT OF A SATELLITE CAMPUS LOCATED AT 2444 N.
DEL MAR AVENUE IN THE R-2; LIGHT MULTIPLE RESIDENTIAL ZONE
(APN:5284-034-900).
WHEREAS, on May 31, 2007, Garvey School District, on behalf of East Los Angeles
College (ELAC) submitted a Conditional Use Permit application requesting the City's
approval to lease the existing Williams Elementary School facility for a period of 5-7 years
for the purpose of establishing a satellite campus located at 2444 N. Del Mar Avenue; and
WHEREAS, Section 17.112.020.6 of the Rosemead Municipal Code (RMC) permits
the operation of educational institutions in any zone upon the granting of a conditional use
permit; and
WHEREAS, 2444 N. Del Mar Avenue, is located in the R-2; Light Multiple
Residential zone; 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, on September 5, 2007, the Rosemead Planning Commission approved
Conditional Use Permit 07-1103; and
WHEREAS, on September 12, 2007, Council Member Gary Taylor filed an appeal of
the Planning Commission approval of Conditional Use Permit 07-1103; and
WHEREAS, on September 13, 2007, one-hundred (100) 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, along with the on-site posting and filing of the initial
study/mitigated negative declaration with the County of Los Angeles Registrar-
Recorder/County Clerk, specifying the availability of the application, plus the date, time and
location of the public hearing for Conditional Use Permit 07-1103 APPEAL; and
WHEREAS, on September 25, 2007, the City Council held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use
Permit 07-1103 APPEAL; and
WHEREAS, the Rosemead City Council has sufficiently considered all testimony
presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rosemead as follows:
SECTION 1. California Environmental Quality Act Findings: Section 15070 (b) of
the California Environmental Quality Act (CEQA), states that a mitigated negative
declaration shall be prepared by the public agency for a project subject to CEQA when the
initial study identifies potentially significant effects, but revisions to the project plans would
mitigate the effects to a point where clearly no significant effects would occur. The City of
Rosemead has prepared an Initial Study/Mitigated Negative Declaration for this project
and distributed it for a 20-day public review and public comments as required by CEQA.
The City Council has considered the draft Mitigated Negative Declaration and public
comments and has determined that the project, as further described in the staff report and
the public testimony and the CUP conditions of approval; to wit a satellite campus for ELAC
with a total student and staff population not to exceed 260 persons has been adequately
studied and examined as required by CEQA. With the included mitigation measures, there
is no substantial evidence, in light of the whole record before the City, that the project may
have a significant effect on the environment, provided that the total students, facility and
staff does not exceed 260 persons. Any use in excess of the maximum 260 persons would
require further study and analysis under CEQA as a change to the project or a new project.
Any studies or references in the environmental materials which purport to analyze impacts
in excess of 260 persons are only accepted and approved by the Council for purposes of
analyzing the potential impacts associated with an on campus total population not to
exceed 260 persons.
SECTION 2. Conditional Use Permit Findings: The City Council HEREBY FINDS
AND DETERMINES that facts do exist to justify approving Conditional Use Permit 07-
1103 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as
follows:
A. FINDING: 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.
FACTS: The permit is for the operation of an educational institution, which is
conditionally permitted in any zone. 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. FINDING: 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.
FACTS: 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 to address possible issues related to the proposed business. ELAC will utilize
seven (7) classrooms with no more than 35 students per class. The maximum attendance
at any one time will total no more than 245 students plus staff for a total on campus
population not to exceed 260 persons. City staff determined that the school would need
138 parking spaces to accommodate 260 persons. The school will be providing 139
parking spaces onsite. A condition was added to ensure that ELAC shall not increase the
number of students and/or staff on this site above 260 people at any one time, unless
adequate parking is provided and approved by the City of Rosemead. Additionally the City
Council has limited its approval of the Mitigated Negative Declaration to a project which
does not exceed 260 persons on campus at any one time.
C. FINDING: The granting of such conditional use permit will not adversely affect
the General Plan of the City.
FACT: The proposed use is located within a commercial district of the City and the
General Plan designation is public facilities. The proposed use is in conformity with the
General Plan and complementary to the existing commercial businesses surrounding the
property.
SECTION 3. The City Council, as specifically set forth in Sections 1 and 2 above,
HEREBY denies the appeal and approves Conditional Use Permit 07-1103 to allow the
operation of a satellite campus located at 2444 N. Del Mar Avenue, subject to conditions
listed in Exhibit "A" attached hereto and incorporated herein by reference.
SECTION 4. This resolution is the result of an action taken by City Council on
September 25, 2007, by the following vote:
AYES: COUNCIL MEMBERS: CLARK, LOW, NUNEZ
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: TAYLOR
ABSENT: COUNCIL MEMBERS: TRAN
SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall
transmit copies of same to the applicant, the appellant and the Rosemead Planning
Department.
PASSED, APPROVED and ADOPTED this 9`h day of October, 2007.
John Tran, Mayor
CERTIFICATION V
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROSEMEAD
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Resolution No. 2007-39 being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING
CONDITIONAL USE PERMIT 07-1103, FOR THE ESTABLISHMENT OF A
SATELLITE CAMPUS LOCATED AT 2444 N. DEL MAR AVENUE IN THE
R-2; LIGHT MULTIPLE RESIDENTIAL ZONE (APN:5284-034-900).
was approved at a regular meeting of the City Council on the 25`h day of September, 2007,
and that thereafter, said Resolution was duly adopted and passed at a regular meeting of
the City Council on the g`h day of October, 2007, by the following vote, to wit:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
Nina Castruita, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Resolution No. 2007 - 39 being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, DENYING APPEAL AND APPROVING
CONDITIONAL USE PERMIT 07-1103, FOR THE ESTABLISHMENT
OF A SATELLITE CAMPUS LOCATED AT 2444 N. DEL MAR
AVENUE IN THE R-2; LIGHT MULTIPLE RESIDENTIAL ZONE
(APN: 5284-034-900)
was duly and regularly approved and adopted by the Rosemead City Council on the 9th
of October 2007, by the following vote to wit:
Yes: Clark, Low, Nunez
No: None
Abstain: Taylor
Absent: Tran
Nina Castruita
City Clerk