PC - Item 5A - Public Hearing of Conditiona Use Permit 11-05I
ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: JULY 18, 2011
SUBJECT: CONDITIONAL USE PERMIT 11 -05
8819 GARVEY AVENUE, UNIT A1/2 AND 8823 GARVEY AVENUE,
UNITS B AND UNIT B1/2
Summary
Pheing (Tracy) Yang has submitted a Conditional Use Permit application requesting to
establish and operate a beauty school within three existing commercial units located at
8819 Garvey Avenue in Unit A1/2 and 8823 Garvey Avenue in Units B and 61/2. The
subject -site is located in the M -1 (Light Manufacturing and Industrial) 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 11 -05 is
classified as a Class 9 - Categorical Exemption pursuant to Section 15309 of CEQA
guidelines.
Staff Recommendation
Staff recommends that the Planning Commission APPROVE Conditional Use Permit
1.1 -05 -and -ADOPT Resolution 11 -10 with findings (Exhibit A), and subject to twenty -two
(22)- conditions outlined in Exhibit "B" attached hereto.
Property History and Description
The subject site is located along the north side of Garvey Avenue just east of Muscatel
Avenue. The subject site is located within an existing commercial development that has
a total lot area of approximately 54,638 square feet (1.25 acres). According to the Los
Angeles County Assessor's records, the property was originally developed in 1988 with
three detached buildings (currently addressed as 8819, 8821 and 8823 Garvey
Avenue). The development is currently known as the ABC Plaza and consists of 26
commercial units that were designed to accommodate a mixture of uses such as retail,
office, manufacturing and warehousing.
Planning Commission
July 18, 2011
Paae 2 of 13
i'
Site and Surrounding Land Uses
The project site is designated in the General Plan, as Office /Light Industrial and is zoned
M -1 (Light Manufacturing and Industrial). The site is surrounded by the following land
uses:
North:
Mixed Use: Industrial /Commercial
General Plan:
Mixed Use: Industrial /Commercial
Zoning:
M -1 (Light Manufacturing and Industrial)
Land Use:
Residential
South:
General Plan: Mixed Use: Industrial /Commercial and Low Density Residential
Zoning: M -1 (Light Manufacturing and Industrial) and R -1 (Low Density
Residential)
Land -Use: Warehouse and Residential (Trailer Park)
West
General Plan:
Mixed Use: Industrial /Commercial
- Zoning:
M -1 (Light Manufacturing and Industrial)
Land Use:_
Warehouse and Office Buildings
East:
General Plan:
Mixed Use: Industrial /Commercial
Zoning:
M -1 (Light Manufacturing and Industrial)
Land Use:
Vacant and Residential
Administrative Analysis
The applicant is proposing to establish and operate a beauty school within Unit A1/2
-and Units B and 61/2. The applicant has indicated that the beauty school will provide
instruction for hair, nail, skin care and massage service. The school will instruct a
maximum of 36 students. The applicant proposes to operate the instructional portion of
,I
Planning Commission
' July 18, 2011
Page 3 of 13
the school, Monday through Saturday, from 8:30 a.m. to 9:00 p.m. In addition, the
beauty school will provide hair, nail, skin care and massage services to the general
public, Tuesday through Friday, 11:00 am to 4:00 pm and on Saturdays from 9:00 am to
5:00 pm.
Parking and Circulation
The property is accessed from two vehicular driveways along Garvey and Ivar Avenues.
The main driveway is located down the center of the property with parking stalls located
adjacent to the buildings. The property currently provides eighty -four (84) on site
parking spaces. The applicant proposes to restripe the parking lot to provide additional
stalls.
Section 17.84.080 of the Rosemead Municipal Code specifies the parking requirements
for vocational schools as one (1) parking space for every two (2) students the school is
designed to accommodate and one (1) parking space for each employee. The applicant
is proposing to accommodate a total of thirty -six (36) students with four employees.
Based on this code section, the beauty school will require twenty -two (22) parking
spaces.
Table 1 (shown below) illustrates how the original development was planned to be
utilized.
Table 1
Planned Use
Floor Area
Parking Rate
Re uired Parkin
Retail
3,126
1/250
12.50
Office
3,3126
1/250
12.50
Indust
23,065
1/400
57_66
Total
29,317
82.67
Provided Onsite Parking
84
Planning Commission
July 18, 2011
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Table 2, (shown below) illustrates the current uses within the development and the
parking demand (with the beauty school) for the site. It also illustrates that the current
use parking demand totals sixty -eight (68) parking spaces.
11 In ar_WJ
Current Use
Floor Area
Parking Rate
Required
Parking
Units
Retail
0
1/250
0.00
none
Vacant
1,000
1/250
4
B6
Man ufacturing/Wholesale
5,000
1/400
13
A4,A5, A8,B3, B4
Warehouse /Storage
12,400.
111000
13
A6, A7, A9, B5, B7, B8, B9,
C1, C2, C3
Garment Manufacturing
6,048
1/400
16
Al, A3, C4, C5, C6
Beauty School
4,868
1 space per 2
students and 1
p er employee
22
AM, B, 13112
Total
29,316.00
68
A majority of the units onsite are utilized for warehouse /storage uses. Table 2, shown
above, includes the previous CUP which was approved by Commission recently and the
new beauty school. The center's parking demand illustrates the need for sixty -eight
(68) parking spaces which will result in .a surplus of parking spaces. As the
development provides eighty -four (84) parking spaces, the request to operate a beauty
school within the development will not create a deficiency in on -site parking.
Municipal Code Requirements
Section 17.112.020'(6) of the Rosemead Code (RMC) allows the operation of
an educational institution in any zone upon the granting of a Conditional Use Permit
(CUP). Section 1T112.010 sets the following criteria that must be met:
A. The granting of such a Conditional Use Permit will be in harmony with the
elements or objectives of the General -Plan.
FINDING: The proposed use is - located
The General Plan designation is Office/Light
conformity with the General and is - comp
surrounding the property. Furthermore, Sec
institutions in the M -1 (Light Manufacturing and I
Conditional Use Permit.
in an industrial district of the City.
ustrial. The proposed use is in
entary to the existing businesses
17.112:020(6) allows education
strial) zone, upon the granting of a
9
B. The establishment, maintenance - or; conduct of the use for which the
Conditional Use Permit is sought -will not - be detrimental to the health, safety, peace,
morals, comfort or general welfare of the persons residing or working in the
neighborhood-thereof.
Planning Commission
July 18, 2011
Paae 5 of 13
FINDING: The maintenance and operation of the proposed beauty school will not
be detrimental to the health, safety, piece, morals, comfort or general welfare of the
persons residing or working in the neighborhood. The proposed school is located in a
manufacturing zone and is considered to be complementary to the existing businesses
surrounding the subject property. The school is considered small in nature, as it is
limited thirty -six (36) students. The impact to the surrounding neighborhood is relatively
minimal. Staff has added conditions of approval to protect the surrounding properties
from adverse effects to the neighborhood.
C. The granting of such a conditional use permit will not be detrimental or
injurious to the property and improvements in the neighborhood or the general welfare
FINDING: The proposed beauty school activities will be conducted entirely within
the enclosed units. The beauty school is relatively small and will not increase traffic nor
create parking deficiencies within the development. Additionally, as part of the project
review process, the business will be inspected and approved by responsible agencies to
ensure compliance with all applicable regulations. Conditions of approval have been
added to protect the welfare of persons working and residing in the neighborhood.
Therefore, no detriment to the general welfare of the City is anticipated with the
operation of a beauty school.
PUBLIC NOTICE PROCESS
On June 9, 2011, fifty -two (52) written notices of this public. hearing were mailed to
property owners within 300 feet of the subject site, a public hearing notice was posted
on -site and six (6) notices were posted in designated public places.
P epared by:
Gina Casillas
Planning Technician
IWOMMI11111M
( bm,tted by
a g
Community evelopment Director
A. Resolution No. 11 -09
B. Conditions of Approval
C. Site and Floor Plans
D. Assessor's Parcel Maps (APN: 5289- 011 -019)
Planning Commission
July 18, 2011
Paqe 6 of 13
EXHIBIT "A"
PC RESOLUTION 11 -09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 11 -05, FOR THE
OPERATION OF A BEAUTY SCHOOL LOCATED AT 8819 GARVEY
AVENUE, UNIT A1/2 AND 8823 GARVEY AVENUE, UNITS B AND
B112, IN THE M -1 (LIGHT MANUFACTURING AND INDUSTRIAL) ZONE
(APN: 5289 - 011 -019)
WHEREAS, on April 20, 2011, Phieng (Tracy) Yang submitted a Conditional Use
Permit application proposing to establish and operate a beauty school within three
commercial units located at 8819 Garvey Avenue Unit A1/2 and 8823 Garvey Avenue
Units B and B1/2; and
WHEREAS, 8819 Garvey Avenue, Unit A1/2 and 8823 Garvey Avenue Units B
and 61/2 are located in the M -1 (Light Manufacturing and Industrial) zone; and
WHEREAS, Sections 65800 and 65900 of the California Government Code, and
Section 17.112.010 of the Rosemead Municipal Code (RMC) authorize the Planning
Commission to approve, conditionally approve or deny conditional -use permits; and
WHEREAS applicant must obtain a Conditional Use Permit in order to establish
and operate a beauty school subject to specific development standards under Sections
17.112.020 (6) of the Rosemead Municipal Code. Rosemead Municipal Code Section
17.112.110 specifies the criteria by which a Conditional Use Permit may and
these criteria are as follows.
• The granting of such a Conditional Use Permit will be in harmony with the
elements or objectives of the General Plan.
• The establishment, maintenance or (conduct of the use for_. which the
Conditional Use Permit is sought will not be detrimental -to the health, - safety,
peace, morals, comfort or general welfare of the persons residing or- working
in the neighborhood thereof.
• The granting of such a conditional
injurious to the property and impr
general welfare.
permit will not be detrimental or
ants in the neighborhood- or the
0
WHEREAS, on June 9, 2011, fifty -two (52) written notices of this public hearing
were mailed to property owners within 300 feet of the subject site, a public hearing
notice was posted on -site and six (6) notices were posted in designated public places
Planning Commission
July 18, 2011
Paoe 7 of 13
specifying the availability of the application, plus the date, time and location of the public
hearing for Conditional Use Permit 11 -05; and
WHEREAS, on Julyl8, 2011, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 11 -05; 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 11 -05 is classified as a Categorical Exemption pursuant to Section 15309 of
California Environmental Quality (CEQA). Section 15309 of the California Environmental
Quality Act 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 11 -05 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 11 -05 according the
criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows:
A. The granting of such a Conditional Use Permit will be in harmony with the
elements or objectives-of the - General Plan.
FINDING: -The proposed use is located within an industrial district-of -the City.
The General Plan designation is Office /Light Industrial. The proposed use is in
conformity with the General Plan and is complementary to the existing businesses
surrounding the property. Furthermore, Section 17.112.020(6) allows education
institutions in the -M -1 (Light Manufacturing and Industrial) zone, upon granting of a
Conditional Use - Permit.
B. The establishment,- maintenance or conduct of the use for which - the
Conditional Use Permit is -sought will -not be detrimental to the health,-safety, peace,
morals, comfort or general welfare -of the persons residing or working in ',he
neighborhood thereof.
FINDING: The maintenance and operation of the proposed beauty school will not
be detrimental to the health, safety, piece, morals, comfort or general welfare of the
persons residing or working in the neighborhood. The proposed school is located in a
manufacturing zone and is considered to be complementary to the existing businesses
surrounding the subject property. The proposed school is considered small in nature as
it is limited thirty- six. -(36) students. Staff has added conditions of approval to protect the
surrounding properties from adverse effects to the neighborhood.
Planning Commission
July 18, 2011
Paae 8 of 13
C. The granting of such a conditional use permit will not be detrimental or
injurious to the property and improvements in the neighborhood or the general welfare
FINDING: The proposed beauty school activities will be conducted entirely within
the enclosed units. The beauty school is relatively small and will not increase traffic nor
create parking deficiencies within the development. Additionally, as part of the project
review process, the business will be inspected and approved by responsible agencies to
ensure compliance with all applicable regulations. Conditions of approval have been
added to protect the welfare of persons working and residing in the neighborhood.
Therefore no detriment to the general welfare of the City is anticipated with the
operation of the beauty school.
SECTION 3 . The Planning Commission HEREBY approves Conditional Use
Permit 11 -05 to allow the establishment and operation of a beauty school in three
separate commercial units located at 8819 Garvey Avenue, Unit A1/2 and 8823 Garvey
Avenue, Units B and 13112, subject to the conditions of approval 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 July 18, 2011, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
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.
i.
PASSED, APPROVED and ADOPTED this 18th day of July, 2011.
Nancy Eng, Chair
City of Rosemead, California
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission
July 18, 2011
Page 9 of 13
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 18th day of July
2011, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Stan Wong, Secretary
Planning Commission
July 18, 2011
Page 10 of 13
EXHIBIT "B"
CONDITIONAL USE PERMIT 11 -05
8819 GARVEY AVENUE UNIT A1/2 and 8823 GARVEY AVENUE UNITS B AND 131/2
(APN 5289- 011 -019)
CONDITIONS OF APPROVAL
July 18, 2011
1. Conditional Use Permit 11 -05 is approved for establishment and operation of a
beauty school, developed in accordance with the plans marked Exhibit "C," dated
July 5, 2011. Any revisions to the approved plans must be resubmitted for
review and approval by the Planning Division.
2. Approval of Conditional Use Permit 11 -05 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.
1. Conditional Use Permit 11 -02 is approved for a period of six (6) months. The
applicant shall commence the proposed use or request an extension within 30-
calendar days prior to expiration. The six (6) months 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 Conditional Use Permit 11 -05 has been unused, abandoned or
discontinued for a period of six (6) months it shall become null and void.
3. The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved plans.
4. Conditional Use Permit 11 -05 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 Comm ission, °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 11 -05.
5. 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
r. Planning Commission
f July 18, 2011
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concerning the project, which action is brought within the time period provided by
law.
6. The following conditions must be complied with to the satisfaction of the Planning
Division prior to final approval of the associated plans, building permits, business
license, or any other appropriate request.
7. The beauty school shall be limited to a maximum of thirty -six (36) students during
all study sessions. The number of employees, including managers shall be
limited to four (4) on any given shift.
8. The hours of operation shall be posted in the front window or door of each unit.
The hours of operation for the beauty school shall be limited to Monday through
Saturday, from 8:30 a.m. to 9:00 p.m. The hours of operation for services to the
general public will be limited to Tuesday through Friday, 11:00 am to 4:00 pm
and on Saturdays from 9:00 am to 5:00 pm.
9. Each standard parking stall shall maintain a dimension of not less than 20 feet
long and 9 feet wide. Compact parking is limited to a maximum of 25% of the
required parking stalls. Each compact parking stall shall maintain a dimension of
not less than 16 feet long and 8 feet wide. The applicant shall revise the site
plan to clearly meet these requirements. At no time shall the required parking be
reduced to less than eighty -four (84) parking spaces.
10. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all
designated parking venues shall be double striped. Such striping shall be
maintained in- a clear, visible, and orderly manner. The parking area, including
handicapped spaces, shall be paved and re- painted periodically to City standards
to the satisfaction of the Planning Division.
11. The applicant shall provide Planning Division with documentation of school
registration from the State of California Bureau for Private Postsecondary
Education (BPPE) to issuance of City of Rosemead Business License.
1 The applicant shall provide Planning Division with documentation of License from
Department of - Consumer Affairs Board of Barber and Cosmetology for the
beauty_ school prior to issuance of City of Rosemead Business License.
13. 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 issuance of a City Business License, all
requirements and appropriate licenses of the State of California shall be
complied with and maintained at all times.
14. Each commercial unit shall be clearly marked with correct address and unit
number for identification. The numbers of the address signs shall be at least six
(6) inches tall with a minimum character width of 1 /4 inch, contrasting in color and
Planning Commission
July 18, 2011 f
Page 12 of 13
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 Planning Division.
15. 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.
16. 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.
17. All new signage proposed shall be submitted and approved by the Planning
Division prior to the installation of new signage. Window signage shall not cover
more than 15% of window area.
18. 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 11 -05.
19. There shall be no new mechanical equipment located on the sides of the
building. All new ground level and roof top appurtenances and /or mechanical
equipment shall be adequately screened such that they are not visible from
adjacent properties.
20. 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.
21. City staff shall have access to the subject property at all times to monitor
compliance.
22. Violation of the conditions of approval may result in a citation and /or initiation of
revocation proceedings. .
Planning Commission
July 18, 2011
Paae 13 of 13
EXHIBIT "D"
8819 GARVEY AVENUE UNIT A1/2
AND
8923 GARVEY AVENUE UNITS B AND 131/2
APN 5289 - 011 -019
5289 11
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Z
TRACT NO 44504 TRACT NO 54385
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