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PC - 2011-10 - Approving Conditional Use Permit 11-05, For the Operation of A Beauty School at 8819 Garvey and 8823 Garvey AvenuePC RESOLUTION 11 -10 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 A112 AND 8823 GARVEY AVENUE, UNITS B AND 13112, 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 131/2; 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 be granted 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 use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. 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 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 July18, 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 to 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 the 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 the 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. 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 131/2, 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: ENG, HERRERA, HUNTER, RUIZ, SACCARO NO: NONE ABSENT: NONE ABSTAIN: NONE 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. PASSED, APPROVED and ADOPTED this 18th day of July, 2011. N Nancy E C h r City of California APPROVED AS TO FORM: drreg8fftVMurphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP 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 ENG, HERRERA, HUNTER P1117 cnrrnan NONE ,�[ m • EXHIBIT "B" CONDITIONAL USE PERMIT 11 -05 8819 GARVEY AVENUE UNIT A1/2 and 8823 GARVEY AVENUE UNITS B AND B112 (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. 3. 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. 4. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved plans. 5. 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 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 11 -05. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. The applicant shall provide Planning Division with documentation of school registration from the State of California Bureau for Private Postsecondary Education (BPPE) prior to issuance of City of Rosemead Business License. 13. 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. 14. 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. 15. 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 inch, contrasting in color and 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. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. City staff shall have access to the subject property at all times to monitor compliance. 23. Violation of the conditions of approval may result in a citation and /or initiation of revocation proceedings.