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PC - Item No. 4A - Denial of Modification 11-03ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: NOVEMBER 7, 2011 SUBJECT: DENIAL OF MODIFICATION 11 -03 2251 SAN GABRIEL BOULEVARD Summary On October 3, 2011, staff requested continuance of the public hearing for Modification 11 -03 because, after the agenda was noticed and before the public hearing, information was received that indicated that the San Fernando Music School operations may not be in compliance with the conditions of approval for Conditional Use Permit No. 07 -1095 (the "Existing CUP "), which is attached hereto as Exhibit "D." Code Enforcement staff had begun investigating the case on September 28, 2011 in response to the information received by the Planning Division. After the public hearing was continued on October 3, 2011, further investigation was completed by Code Enforcement. The results are included in this report (attached as "Exhibit E "). Administrative Analysis The City's Code Enforcement staff has investigated the information that was received and has made additional investigations based on facts uncovered during its initial review. The investigation (which is still ongoing) has revealed the following facts relevant to the application for Modification 11 -03: • San Fernando Music School is operating with more than three students per class. Condition 20 of the Existing CUP states that only three students per class shall be permitted, and with three classrooms this means that only nine students should be receiving instruction at any given time. Instead, during Code Enforcement inspections, the classes consistently had more than three students per class. One of the classes had 13 students, six parents, and one instructor. The purpose of Condition 20 is to limit the number of persons on site to a number that can be handled by the physical dimensions of the building. The violation of this condition — and not a minor violation but a consistent and at times overwhelming violation — does bear on whether the staff can recommend modification of the Existing CUP. PC Meeting November 7, 2011 MOD 11 -03 (Denial) Page 2 of 9 • San Fernando Music School has already expanded their business operations into the building across the street, located ati2408 San Gabriel Boulevard, without any City license or permit approval. The Existing CUP only applies to the use at the current location (2409 San Gabriel Boulevard). The additional use is, unpermitted and Code Enforcement staff is working on the issue at this time. • The hours of operation posted on the front door indicate that San Fernando Music School is operating Monday through Friday, from 2:00 p.m. to 9:00 p.m. and on Saturday, from 10:00 a.m. to 3:00 p.m. Condition 10 of the Existing CUP states that the school shall operate only from 5:00 pm to 9:00 pm Monday through Friday. No Saturday classes are supposed to be offered. This condition was put in place in part to deal with the limited parking at the subject site and the need to harmonize the school's parking needs with those of other business owners at the site. • The pictures taken during the hours of operation indicate that the parking lot is full. At the Planning Commission meetingion October 3, 2011, business owners within the shopping center complained of parking issues due to the music school operations. The manager of the music `school, Yoel Dan, stated that he will inform the parents of the students to I lonly drop off their children. Code Enforcement followed up with the business owners and the parking issues have not been resolved. They also stated that the parking situation has gotten worse on Saturdays. San Fernando Music School was not permitted to operate on Saturdays in part because of these traffic concerns; therefore, Condition 10 of the Existing CUP is in violation and Code] Enforcement staff are working on this issue. These facts show that the following conditions not in compliance: 1. Condition of Approval No. 10. 2. Condition of Approval No. 20. Per Condition of Approval No. 21, violation on ti citation and /or initiation of revocation proceedir staff are reviewing the violations that have t appropriate response (citations or initiation of r however, the only matter before the Commission as requested by the applicant. approval from the Existing CUP are conditions of approval may result in . Planning and Code Enforcement m found and are considering the cation proceedings). At this time, the modification of the Existing CUP Staff Recommendation In light of the Code Enforcement investigation, staff is unable to recommend approval of Modification 11 -03, since the Existing CUP is not in compliance. For this reason, it is recommended that the Planning Commission DENY Modification 11 -03 and ADOPT PC Meeting November 7, 2011 MOD 11 -03 (Denial) Paae 3 of 9 Resolution No. 11 -23. Municipal Code Requirements Section 17.112.040 provides for modification of an existing Conditional Use Permit (CUP) where the modification is so minor and insubstantial that application to the Planning Commission is not required. In the case of the requested modification to the Existing CUP, the modification was deemed to be substantial enough that an application to the Commission was required, and so the findings of Section 17.112.010 of the Code, which generally set the criteria for issuing a CUP, must be made for a modification to the Existing CUP to issue: A. The granting (in this case modification) of such a Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. The site is designated . in the General Plan for Mixed Use: Industrial /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 in that C -3 (Medium Commercial) zoning is a corresponding zone district with the Mixed Use: Industrial /Commercial General Plan land use category. B. The establishment, maintenance or conduct (in this case, the modification) 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 (emphasis added). The Code Enforcement investigation has revealed that San Fernando Music School is not in compliance with all conditions of approval from Conditional Use Permit 07 -1095. Per Condition of Approval No. 10, the hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 5:00 P.M. to 9:00 p.m., Monday through Friday. Code Enforcement investigation revealed that the school is operating Monday through Friday, from 2:00 p.m. to 9:00 p.m. and on Saturday, from 10:00 a.m. to 3:00 p.m. Per Condition of Approval No. 20, Conditional Use Permit 07 -1095 is approved with an occupancy load not to exceed three (3) students per class. Any increase in student enrollment at the school will be subject to the approval of a modification to the Conditional Use Permit. Code Enforcement investigation revealed that San Fernando Music School is operating with more than three students per class. In addition, the Code Enforcement investigation revealed that San Fernando Music School has expanded their business operations into the building across the street, located at 2408 San Gabriel Boulevard, without any City license or permit approval. The operation under the Existing CUP being not in compliance with the conditions thereof, it is Staff's conclusion that the expansion of the music school will be detrimental to the health, safety, piece, morals, comfort or general welfare of the persons residing or working in the neighborhood. PC Meeting November 7, 2011 MOD 11 -03 (Denial) Paae 4 of 9 C. The granting of such a conditional use permit (modification, in this case) will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. The Code Enforcement investigation has revealed that San Fernando Music School is not in compliance with all conditions of approval from Conditional Use Permit 07 -1095. Per Condition of Approval No. 10, the hours of operation shall be posted in the front window or door. iHours of operation shall be limited to 5:00 p.m. to 9:00 p.m., Monday through Friday. The Code Enforcement investigation revealed that the school is operating Monday through Friday, from 2:00 p.m. to 9:00 p.m. and on Saturday, from 10:00 a.m. to 3:00 p.m. Per Condition of Approval No. 20, Conditional Use Permit 07 -1095 is approved with an occupancy load not to exceed three (3) students per class. Any increase in student enrollment at the school will be subject to the approval of a modification to the Conditional Use Permit. The Code Enforcement investigation revealed that San Fernando Music School is operating with more than three students per class. In addition, the Code Enforcement investigation revealed that San Fernando Music School has expanded their business operations into the building across the street, located at 2408 San Gabriel Boulevard, without any City license or permit approval. Therefore, it is staffs conclusion that based on the existing operation under the Existing CUP, the expansion of the music school will be detrimental or injurious td the property and improvements in the neighborhood or the general welfare. Public Notice Process This item has been noticed through the r Specifically, notice of the October 3, 2011 public 2011, fifty -nine (59) notices were sent to propert the subject property, in addition to notices poste( specifying the availability of the application, plus 1 hearing for Modification 11 -03, and on Septembe the San Gabriel Valley Tribune. At the hearing continued the public hearing to November 7, 201 was required. ;gular agenda notification process. hearing meeting. On September 22, owners within a 300 -foot radius from in six (6) public locations and on -site, ie date, time and location of the public 23, 2011, the notice was published in on October 3, 2011, the Commission , meaning no new or additional notice PC Meeting November 7, 2011 MOD 11 -03 (Denial) Page 5 of 9 • -•. I Submitted by: u� " e Lily Trinh Michelle Ramire Assistant Planner Acting Commun EXHIBITS: A. Planning Commission Resolution No. 11 -23 B. Planning Commission Staff Report, dated October 3, 2011 C. Planning Commission Draft Minutes, dated October 3, 2011 D. Conditions of Approval of Conditional Use Permit 07 -1095 E. Code Enforcement Investigation Documents and Pictures Director PC Meeting November 7, 2011 MOD 11 -03 (Denial) Page 6 of 9 EXHIBIT "A" I PC RESOLUTION 11 -23 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DENYING MODIFICATION 11 -03, A REQUEST TO EXPAND THE EXISTING SAN FERNANDO MUSIC SCHOOL INTO UNIT 2251 WITHIN THE COMMERCIAL CENTER, LOCATED, AT 2245 -2409 SAN GABRIEL BOULEVARD IN THE C -3 (MEDIUM COMMERCIAL) ZONE (APN:5284- 007 -022). 1 WHEREAS, on August 2, 2011, Sandra Dan of San Fernando Music School filed a Modification application, requesting a modification of existing Conditional Use Permit No. 07 -1095 to expand the existing San Fernando Music School into Unit 2251 within the commercial center, located at 2245 -2409 San JGabriel Boulevard; and WHEREAS, 2251 San Gabriel Boulevard, is located in the C -3 (Medium Commercial) zone; and WHEREAS, Section 17.112.020 (6) of th "e Rosemead Municipal Code (RMC) permits the operation of educational institutions in any zone upon the granting of a Conditional Use Permit if it is found that: A. The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. f 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; and C. The granting of such conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. 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, Section 17.112.010 of the Rosemead Municipal Code specifies the criteria by which a Conditional Use Permit may be granted and the City has interpreted the criteria set forth in that Section as also being applicable to major modifications of Conditional Use Permits like Modification 11 -03; and PC Meeting November 7, 2011 MOD 11 -03 (Denial) Paae 7 of 9 WHEREAS, on September 22, 2011, fifty -nine (59) notices were sent to 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 Modification 11 -03, and on September 23, 2011, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on October 3, 2011, the Planning Commission continued a duly noticed and 'advertised public hearing to receive oral and written testimony relative to Modification :11 -03 and continued that hearing to November 7, 2011; and WHEREAS, on November 7, 2011, the Planning Commission conclude the duly noticed and advertised public hearing relative to Modification 11 -03; 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 FINDS AND DETERMINES that facts do exist to justify denying Modification 11 -03 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The modification of Conditional Use Permit No. 07 -1095 (the "Existing CUP ") will be in harmony with the elements or objectives of the General Plan. FINDING: The site is designated in the General Plan for Mixed Use: Industrial /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 in that C -3 (Medium Commercial) zoning is a corresponding zone district with the Mixed Use: Industrial /Commercial General Plan land use category. B. ' It cannot be said that the establishment, maintenance or conduct of the use for which Modification 11 -03 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 Code Enforcement investigation has revealed that San Fernando Music School is not in compliance with all conditions of approval from Conditional Use Permit 07 -1095. Per Condition of Approval No. 10, the hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 5 :00 p.m. to 9:00 p.m., Monday through Friday. Code Enforcement investigation revealed that the school is operating Monday through Friday, from 2:00 p.m. to 9:00 p.m. and on Saturday, from 10:00 a.m. to 3:00 p.m. Per Condition of Approval Nol 2 Conditional Use Permit 07 -1095 is approved with an occupancy load PC Meeting November 7, 2011 MOD 11 -03 (Denial) Page 8 of 9 not to exceed three (3) students per class. Any increase in student enrollment at the school will be subject to the approval of a modification to the Conditional Use Permit. Code Enforcement investigation revealed that San Fernando Music School is operating with more than three students per class. In addition, the Code Enforcement investigation revealed that San Fernando Music School has expanded their business operations into the building across the street, located at 2408 San Gabriel Boulevard, without any City license or permit approval. The operation under the Existing CUP being not in compliance with the conditions thereof, it is staffs conclusion that the expansion of the music school will be detrimental to the health, safety, piece, morals, comfort or general welfare of the persons residing or working in the neighborhood. C. It cannot be said that the granting of Modification 11 -03 will not be detrimental or injurious to the property and improvements I in the neighborhood or the general welfare. FINDING: The Code Enforcement investigation has revealed that San Fernando Music School is not in compliance ;with all conditions of approval from Conditional Use Permit 07 -1095. Per Condition of Approval No. 10, the hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 5:00 p.m. to 9:00 p.m., Monday through Friday. The Code Enforcement investigation revealed that the school is operating Monday through Friday, from 2:00 p.m. to 9:00 p.m. and on Saturday, from 10:00 a.m. to 3:00 p.m. Per Condition of Approval No. 20, Conditional Use Permit 07 -1095 is approved with an occupancy load not to exceed three (3) students per class. Anyj increase in student enrollment at the school will be subject to the approval of a modification to the Conditional Use Permit. The Code Enforcement investigation revealed that San Fernando Music School is operating with more than three students per class. In addition, the Code Enforcement investigation revealed that San Fernando MusiclSchool has expanded their business operations into the building across the street, located at 2408 San Gabriel Boulevard, without any City license or permit approval. There fore, it is staffs conclusion that based on the existing operation under the Existing CUP, the expansion of the music school will be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. . I SECTION 2 . The Planning Commission HEREBY DENIES Modification 11 -03, to allow the expansion of the existing San Fernando Music School into Unit 2251 within the commercial center, located at 2245 -24091 San Gabriel Boulevard, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 3 . This resolution is the result of an action taken by the Planning Commission on November 7, 2011, by the following vote: ! PC Meeting November 7, 2011 MOD 11 -03 (Denial) Page 9 of 9 YES:! NO: ABSENT: ABSTAIN: SECTION 4 . 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 7 th day of November, 2011. Nancy Eng, Chair 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 7 th day of November, 2011 by the following vote: YES: NO: ABSENT: ABSTAIN: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP EXHIBIT "B' ; ' ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND M PLANNING COMMISSION FROM: PLANNING DIVISION DATE: OCTOBER 3, 2011 OF THE ROSEMEAD SUBJECT: MODIFICATION 11 -03 1 2251 SAN GABRIEL BOULEVARD.•, ROSEMEAD, CA 91770 Summary Sandra Dan has submitted an application to modify Conditional Use Permit 07 -1095, to expand the existing San Fernando Music School, located in Unit 2409 into Unit 2251 within the commercial center. The subject property is located at 2245 -2409 San Gabriel Boulevard, 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; Modification 11 -03 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. Staff Recommendation 4 Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Modification 11 2 0 3 and ADOPT Resolution No. 11 -20 with findings (Exhibit A), subject to the thirteen (13) new conditions and twenty -one (21) existing conditions outlined in Exhibit "B" attached hereto. Property History & Description The subject site is located at southwest corner of San Gabriel Boulevard and Baruch Street. According to the Los Angeles County As records, the site consists of four (4) tied parcels totaling 21,500 square feet. According to the Building and Safety Division records, the property is currently developed with a commercial building, consisting of six (6) tenant spaces. On December 3, 2007, the Planning Commission approved Conditional Use Permit 07- 1095 for the operation of San Fernando Music School in Unit 2409. San Fernando Music School was approved as an afterschool music school which provides music lessons to children between the ages of 6 to 14. Conditional Use Permit 07 -1095 was PC Meeting October 3, 2011 MOD 11 -03 Paae 2 of 18 approved with five (5) employees and three (3) classes with a maximum enrollment of three (3) students per class. The hours of operation are from 5:00 p.m. to 9:00 p.m., Monday through Friday. East Elevation Site & Surrounding Land Uses The site is designated in the General Plan for Mixed Use: Industrial /Commercial, and on the zoning map it is designated for C -3 (Medium Commercial) zone. The site is surrounded by the following land uses: North General Plan: Mixed -Use: Industrial /Commercial Zoning: C -3 (Medium Commercial) Land Use: Commercial and Residential South: General Plan: Mixed -Use: Industrial /Commercial Zoning: C -3 (Medium Commercial) Land Use: Residential East: General Plan: Mixed -Use: Industrial /Commercial Zoning: C -3 (Medium Commercial) Land Use: Commercial West: General Plan: Medium Density Residential Zoning: R -2 (Light Multiple Residential) Land Use: i Residential PC Meeting October 3, 2011 MOD 11 -03 Pew 3 o 18 Administrative Analysis The applicant is proposing to expand the existi 2251 within the commercial center. The appl level of the electric guitar, they are proposing guitar students in this unit. The existing cla remain. The applicant is not expanding the nur Parking and Circulation A total of twenty -two (22) parking spaces are pro Code (RMC) Section 17.84.100 (A), any retail parking space for every 250 square feet of floo County Assessor's records, the commercial build square feet. Based on the total floor area, required onsite. Although the site is deficient by fifteen (15) pa Code Section 17.12.060(E) provides a list of u existing building or structure is nonconforming amount of parking is provided. Since schools than required parking, a Zone Variance is not Fernando Music School. To assure that the number of students will c revised condition of approval number 20 of Cor of approval number 9 of Modification 11 -03, lin and number of employees to five (5), at any g students or employees will be allowed at the a under the existing permit. San Fernando Music School into Unit nt has indicated that due to the noise provide classroom space for electric ooms in Unit 2409 (Exhibit "C ") will :r of students or employees. ded onsite. Per Rosemead Municipal fr office land use must provide one area. According to the Los Angeles ig has a combined floor area of 9,098 -iirty -seven (37) parking spaces are ng spaces, the Rosemead Municipal :s that may be permitted if a lawfully fly because of less than the required re listed as a permitted use with less squired for the expansion of the San inue as approved in 2007, staff has onal Use Permit 07 -1095 to condition ig the number of students to nine (9) n time. This will mean that no more icant's site than are currently allowed Complaints The Public Safety Department has previously) received complaints from business owners within the commercial center dealing with traffic flow and parking availability. However, he Public Safety Department is unable to enforce these issues on private property. Municipal Code Requirements Section 17.112.020 (6) of the Rosemead Municipal Code (RMC) allows the operation of an educational institution in any zone upon the Igranting of a Conditional Use Permit (CUP). Section 17.112.010 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. The site is designated in the I General Plan for Mixed Use: Industrial /Commercial, and on the zoning map it is designated for C -3 (Medium I PC Meeting October 3, 2011 MOD 11 -03 Page 4 of 18 I Commercial) zone. The proposed use is in conformity with the General Plan in that'C -3 (Medium Commercial) zoning is a corresponding zone district with the Mixed Use: Industrial /Commercial General Plan land use category. 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. The expansion of the music school will not be detrimental to the health, safety, piece, morals, comfort or general welfare of the persons residing or working in the neighborhood. San Fernando Music School has been operating in the commercial center since 2007. All music classes will be conducted within fully enclosed buildings. The applicant is proposing to expand into Unit 2251 within the commercial center due to the noise level of the electric guitar. Staff has limited the number of students to nine (9) and number of employees to five (5), at any given time, meaning there will be no additional persons on -site and no additional impacts to other persons residing or working in 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. 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 requiring limitations of occupancy. All music classes will be conducted within fully enclosed buildings. The applicant is proposing to expand into Unit 2251 within the commercial center due to the noise level of the electric guitar. Staff has limited the number of students to nine (9) and number of employees to five (5), at any given time, the same numbers currently allowed. 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. Therefore, no detriment to the general welfare of the City is anticipated with the expansion of the music school. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300'. radius public hearing notice to fifty -nine (59) property owners, publication in the San Gabriel Valley Tribune, and postings of the notice at the six (6) public locations and on the subject site. PC Meeting October 3, 2011 MOD 11 -03 Page 5 of 18 Prepared by: - * 4 Lily Trinh Assistant Planner Submitted by: in Wong nmunity Development Director EXHIBITS: I A. Planning Commission Resolution No. 11 -20 B. Conditions of Approval C. Site Plan and Floor Plan of Unit 2251 and 2409 D. Conditions of Approval for Conditional Use Permit 07 -1095 E. Assessor Parcel Map (5284-007-022) PC Meeting October 3, 2011 MOD 11 -03 Page 6 of 18 _ EXHIBIT "A" PC RESOLUTION 11 -20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 11 -03, TO EXPAND THE EXISTING SAN FERNANDO MUSIC SCHOOL INTO UNIT 2251 WITHIN THE COMMERCIAL CENTER, LOCATED AT 2245 -2409 SAN GABRIEL BOULEVARD IN THE C -3 (MEDIUM COMMERCIAL) ZONE (APN:5284- 007 -022). WHEREAS, on August 2, 2011, Sandra Dan of San Fernando Music School filed a Modification application, requesting to expand the existing San Fernando Music School into Unit 2251 within the commercial center, located at 2245 -2409 San Gabriel Boulevard; and WHEREAS, 2251 San Gabriel Boulevard, is located in the C -3 (Medium Commercial) zone; 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- A. The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. 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; and C. ' The granting of such conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. 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 I 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 September 22, 2011, fifty -nine (59) notices were sent to 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 PC Meeting October 3, 2011 MOD 11 -03 Pace 7 of 18 the date, time and location of the public hearing for Modification 11 -03, and on September 23, 2011, the notice was published in the San Gabriel Valley Tribune; and WHEREAS, on October 3, 2011, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 11 -03; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the jfollowing 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 Modification 11 -03 is Categorically Exempt from, environmental review as a Class 9 Exemption pursuant to Section 15309 of the California Environmental Quality Act (CEQA) and local environmental guidelines covering projects consisting of inspections to check for the performance of an operation, I or for quality, health or safety of a project. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 11 -03 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 site is designated in I the General Plan for Mixed Use: Industrial /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 in that C -3 (Medium Commercial) zoning is a correspondi+g zone district with the Mixed Use: Industrial /Commercial General Plan land use category. 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 expansion of the musi health, safety, piece, morals, comfort or genei working in the neighborhood. San Fernando M commercial center since 2007. All music classes buildings. The applicant is proposing to expant center due to the noise level of the electric gt students to nine (9) and number of employees 1 school will not be detrimental to the I welfare of the persons residing or >ic School has been operating in the vill be conducted within fully enclosed into Unit 2251 within the commercial ar. Staff has limited the number of five (5), at any given time, the same PC Meeting October 3, 2011 MOD 11 -03 Page 8 of 18 number of students and employees currently allowed. With no additional students and no additional employees allowed at the site, there should be no additional impacts on the persons residing or working in 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 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 requiring limitations of occupancy. All music classes will be conducted within fully enclosed buildings. The applicant is proposing to expand into Unit 2251 within the commercial center due to the noise level of the electric guitar. Staff has limited the number of students to nine (9) and number of employees to five (5), at any given time, the same numbers currently allowed. 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. Therefore, no detriment to the general welfare of the City is anticipated with the expansion of the music school. SECTION 3 . The Planning Commission HEREBY APPROVES Modification 11- 03, to allow the expansion of the existing San Fernando Music School into Unit 2251 within the commercial center, located at 2245 -2409 San Gabriel Boulevard, subject to conditions 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 October 3, 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. PASSED, APPROVED and ADOPTED this 3rd day of October, 2011. Nancy Eng, Chair PC Meeting October 3, 2011 MOD 11 -03 Page 9 of 18 CERTIFICA' 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 October, 2011 by the following vote: i YES: NO: ABSENT: ABSTAIN: Stan Wong, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP i PC Meeting October 3, 2011 MOD 11 -03 Page 10 of 18 EXHIBIT "B" MODIFICATION 11 -03 (APN: 5284 - 007 -022) CONDITIONS OF APPROVAL October 3, 2011 1. Modification 11 -03 shall be in compliance and remain in compliance with all Conditions of Approval for Conditional Use Permit 07 -1095, except as modified by the following conditions of approval. i 2. Approval of Modification 11 -03 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. Modification 11 -03 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 Modification 11 -03 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 where necessary. 5. Modification 11 -03 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, for 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 Modification 11 -03. 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 PC Meeting October 3, 2011 MOD 11 -03 Paae 11 of 18 i concerning the project, which action is brought within the time period provided by law. 7. All conditions of approval must be complied with to the satisfaction of the Planning Division prior to final inspection. 8. The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Modification 11 -03. 9. San Fernando Music School is approved for a maximum of since (9) students and five (5) employees at one time (revision of Condition of Approval No. 20 of Conditional Use Permit 07- 1095). 10. The applicant shall comply with the City of Rosemead's Noise Control Ordinance. 11. The doors shall remain closed at all times. 12. No music recitals shall be conducted o 13.Violations of the conditions of approval may result.in citation and /or initiation of revocation proceedings. j PC Meeting October 3, 2011 MOD 11 -03 Page 12 of 18 _ EXHIBIT "C" Site Plan �r .9 o N r [ Q i> o G '11 V ~ W z O N _ r N $ N a n Z tj < J +� N Y N G N d J � � O Y 2 -2 SAN 6 AMEL npn s4�'� 022 � iics3 PC Meeting October 3, 2011 MOD 11 -03 Page 13 of 18 Existing Floor Plan of Unit 2409 PC Meeting October 3, 2011 MOD 11 -03 Paqe 14 of 18 Proposed Floor Plan for Unit 2251 Iz'_�> F h i V i I j { A i Li 31n ! N n ;ZR SRS C)?5rIIrL BLV'� Rosel ERD, tfr 611 -710 `A 1 i � v PC Meeting October 3, 2011 MOD 11 -03 Paoe 15 of 18 EXHIBIT I CONDITIONAL USE PERMIT 07 -1095 2409 San Gabriel Boulevard, Rosemead, CA 91770 CONDITIONS OF APPROVAL December 3, 2 07 1. Conditional Use Permit 07 -1095, is approved for the establishment of an after - school music school, developed in accordance with the plans marked Exhibit "B ", dated April 23, 2007. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications. 3. The Conditional Use Permit 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 this Conditional Use Permit. 4. 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. 5. Approval of Conditional Use Permit 07 -1095 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 set forth in the letter of approval and this list of conditions, within ten (10) days of approval. 6. Conditional Use Permit 07 -1095 is approved for a six (6) month period. The applicant shall make progress towards initiation of proposed use, or request an extension 30 days prior to expiration from `the Planning Commission. Otherwise, Conditional Use Permit 07 -1095 shall become null and void. 7. The following conditions must be complied' with to the satisfaction of the Planning PC Meeting October 3, 2011 MOD 11 -03 Paqe 16 of 18 Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 8. The existing pole sign on -site shall be refurbished to the satisfaction of the Planning Division prior to the issuance of the Certificate of Occupancy. 9. 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. 10. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 5:00 p.m. to 9:00 p.m., Monday through Friday. 11. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Director of Planning. All trash and debris shall be contained within approved trash enclosure(s). 12. 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 occupancy, all requirements and appropriate licenses of the State of California shall be complied with and maintained at all times. 13.All trash, rubbish and garbage receptacles shall be regularly cleaned, and inspected and maintained in a clean, safe and sanitary condition. 14. The site shall be maintained in a clean, weed, 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. Any new litter and graffiti shall be removed within twenty -four (24) hours. 15.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 Director. 16. Signs shall comply with Section 17.104 of the Rosemead Municipal Code (RMC). Signs shall not cover more than 25% of the building area or 15% of window area. All signs shall comply with Section 17.104.080 (RMC) regarding identification of the business in English. 17.The parking space markers shall be re- painted periodically to City.standards to the satisfaction of the Planning Department, including double striping, wheel PC Meeting October 3, 2011 MOD 11 -03 Paae 17 of 18 stops and handicapped parking /markings. 18.All proposed lighting for the exterior of the project shall be fully shielded and directed away from adjacent residential and commercial properties, with particular emphasis on addressing the west exterior of the property adjacent to residential uses. The developer shall be required to provide downward - facing designed lamp fixtures and/or light poles, use of low - pressure sodium lighting and restriction on exterior signage lighting to effectively minimize residual negative impacts to residents to the west. (Amended by Planning Commission on 12- 03 -07) 19.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. 20. Conditional Use Permit 07 -1095 is approved with an occupancy load not to exceed three (3) students per class. Any, increase in student enrollment at the school will be subject to the approval of a modification to the Conditional Use Permit. 21. Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings. PC Meeting October 3, 2011 MOD 11 -03 Page 18 of 18 EXHIBIT "E[[ 7 5284 IIDSl %� i yll 1• - 60' +n[1 ue SARUCH ST } - n] 1 Y 4 ne m I •__ ©_ � S ou y1 MLINEf 9NAN !•u I � ST. 39 :u 63 .a 94 .� S� 42 - 1 ti . q SUBJECT SITE CONSTANCE TRACT NO. 6806 M. a. 74 - 31 coot TRACT NO. 7123 M.S. 82 -72-74 EXHIBIT "C" Minutes of the PLANNING COMMISSION MEETING October 3, 2011. The regular meeting of the Planning Commission was called to Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Chair Eng INVOCATION - Commissioner Saccaro ROLL CALL — Commissioners Herrera, Hunter, Saccaro, ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Commission Secretary Lockwood EXPLANATION OF HEARING PROCEDURES AND by Chair Eng at 7:00 p.m., in the Council Ruiz, and Chair Eng Planner Assistant Planner Trinh, and RIGHTS Greg Murphy, City Attorney, presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. CONSENT CALENDAR A. Approval of Minutes.- September, 19, 2011 Commissioner He as presented. Vote resulted in Yes: No: rrera made a motion,,secorded by Vice Eng;.Herrera, Ruiz, Saccaro Absent : None ; 4. PUBLIC HEARINGS t to approve the Minutes of September 19, 2011 A. Modification 11 =I33 ;'Sandra Dan has submitted an application to modify Conditional Use Permit 07- 1095, to expand the existing San Fernando Music School, located in Unit 2409 into Unit 2251 within the commercial center. The subject property is locatei at 2245.2409 San Gabriel Boulevard, in the C- 3 (Medium Commercial) zone. RESOLUTION 11.20 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OFICALIFORNIA APPROVING MODIFICATION 11- 03, TO EXPAND THE EXISTING SAN FERNANDO MUSIC SCHOOL INTO UNIT 2251 WITHIN THE COMMERCIAL CENTER, LOCATED AT 2245.2409 SAN t GABRIEL BOULEVARD IN THE C -3 (MEDIUM COMMERCIAL) ZONE. t Staff Recommendation • Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Modification 11.03 and ADOPT Resolution No. 11 -20 with findings, subject to the thirteen (13) new conditions and twenty -one (21) existing conditions. Assistant Planner Trinh presented staff report. She stated staff is recommending this item be Continued to the regular Planning Commission meeting to be held on Monday, November 7, 2011, due to the fact staff has received information and a petition this morning from the business owners within the commercial center opposing the expansion of the San Fernando Music School. She also stated this will give staff time to investigate this matter. Chair Eng stated that staff has recommended this item be continued to the Planning Commission meeting to be held on Monday, November 7, 2011 to review the information they have received She also stated Speaker Requests have been submitted to speak on this item and asked Greg Murphy, City Attorney, to explain what options there are for tonight's comments. Greg Murphy, City Attorney explained that comments are welcomed tonight, but will have more impact if they are presented at the November 7, 2011 Planning Commission meeting. He stated if the person isnofable to attend the November 7, 2011 meeting then they should speak now. He also stated the'Public Hearing will remain open until a motion is made to Continue this item to the November 7, 2011 Planning Commission meeting and remain open until November 7. 2011. Chair Eng opened the Public Hearing Daniel Pallan, business owner of Santa Margarita Medical Clinic, expressed ''his concern with the expansion of the San Fernando Music School. ' .He handed and read a letter `addressed to the City of Rosemead Planning Commission from the business. owners V La Palomar Bakery, Novillo Market, and the Santa Margarita Medical Center stating that they are `egainst the expansion of tha music school because of parking concerns. He stated parents of the San Femando'School are loitering in the parking lot, making it full, which is affecting the sales of the other business owners in this shopping center. He also stated.there was another business owner, not present at this meeting, and he was told she had closed her business due to parking concern. Yoel Dan applicant of the San Fernando Music School, explained that he has requested that the parents drop their children: off and not wait for them in the. parking lot to help with the parking concern. He also stated his customers are shopping at the market and bakery; and some of the businesses have put tow away signs up. He expressed that if he is not allowed to expand aoddhave more students it will hurt his business and he may have to close it. , Felipe Cabral,. business owner of`.the Novillo Meat Market, expressed concern that the parents are waiting in the parking lot for their children to finish their music lesson and he would like to have some parking control within the shopping center. Fe'stated thatthe'parents occasionally purchase items from them but he is losing sales because of parking availability. Manuel Garcia Rivera, business owner of the La Paloma Bakery, stated in Spanish (staff helped translate) that since the San Fernando Music School started their business there is not enough parking because the parents are waiting in their cars in the parking lot and is causing his business to lose customers. He also stated that he may need to close his business if the parking is not controlled. He submitted pictures to the Planning Commission and requested that the Planning Commission help him. Chair Eng stated that the Public Hearing will be left open until November 7, 2011 and asked for a motion to continue this item. Vice Chair Ruiz made a motion, seconded by Commissioner, Herrera, to CONTINUE Modification 11.03 and ADOPT Resolution No. 11.20 with findings, subject to the thirteen (13) new conditions and twenty -one (21) existing conditions to the November 7, 2011 Planning Commission meeting. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: None i B. Conditional Use Permit 11.11 - Leticia Rivera has requesting to construct a 543 square foot seconc three -car garage, located at 8427 Wells Street in R -1 PC RESOLUTION 11 -21 - A RESOLUTION OF THE' ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF4 PERMIT 11.11, REQUESTING TO CONSTRUCT ANEW TOTALING APPROXIMATELY 543 SQUARE FEET, LO ( SINGLE FAMILY RESIDENTIAL) ZONE. , ))miffed a Conditional Use Permit application, rry second• residential unit above an existing gle Family Residential) zone. , r. PLANNING COMMISSION OF THE CITY OF CALIFORNIA APPROVING` CONDITIONAL USE SECOND -STORY SECOND RESIDENTIAL UNIT, CATED AT 8427 WELLS STREET IN THE R -1 Staff Recommendation - Based on the, analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Conditional Use Permit 11.11 and ADOPT Resolution No. 11.21 with findings, subject to the twenty -eight (28) conditions. a. Assistant Planner Trinh presented staff report. Chair Eng asked if the Planning Commission had any questions for staff. Commissioner Saccaro asked staff if this unit will be rented out or Will it be a family unit. Assistant PlannerTdnh replied according to the appiicani this will tie a family unit. Commissioner Saccaro asked staff if the applicanttowner moves out is it possible to rent it out. City Planner. Bermejo replied according to the Rosemead Municipal Code the property owner has to live in one of the two units at all ,times. Commissioner Saccaro asked staff what about the second unit. City Planner Bermejo replied theycan chose to live in the second unit or in the main dwelling. Commissioner Saccaro asked staff if that would be a disservice to�the neighborhood to have a rental in an area that is considered a single - family residence. Vice -Chair Ruiz recommended that question be addressed b i the City Attorney and asked if what is being constructed is legal. Greg Murphy, City Attorney, replied that state law requires each City to have some areas in the City where second units like this can be built as a matter of right. He stated that the law provides you can condition the building of units, if there are special kinds of impacts in the neighborhood. He stated in the City's Ordinance reads that if there is a 3 I I first floor a second unit would be allowable by right, but for a two story unit a second unit addition will come before the Planning Commission so it may be reviewed and conditioned in a way that it won't impact the neighborhood. He also stated there is not a practical way to limit who lives in the unit and most of these units are intended to be used by family, but the owner does have the ability to rent them out if it is the owner's wish. Commissioner Hunter asked staff if the tree on the right side of the house, which covers a lot of the second floor, will be removed. Assistant Planner Trinh replied no, it will not be removed. Commissioner Herrera asked staff what is the total square footage of the existing home. Assistant Planner Trinh replied the existing home is 1,900 square feet. Chair Eng asked staff what is the total square footage including the second unit. Assistant Planner Trinh replied the total square footage including the second unit it is less than 2,500 square feet. Commissioner Herrera asked staff what is the floor area ratio: Assistant Planner Trinh replied it is 31.75 percent. Chair Eng clarified with staff that the existing single- family residence currently has a second story and the granny unit is just an extension of the existing second story. Assistant Planner Trinh replied that is correct. Chair Eng asked staff how big.is the granny unit. Assistant Planner Trinh replied it is 543 square feet. Chair Eng asked if there were any other questions for staff., None Chair Eng opened the Public Hearing and asked applicant to podium. Assistant Pia erTrinh stated applicant is not present. Chair Eng called soeaker. requestWilliam Matson to the podium. zYt William Matson, residentJstated he has been a resident of Rosemead for over 40 years. He stated that he is opposed to Conditional Use Permit 11 -11 because the neighborhood is an older single - family neighborhood and it should stay that way. He.expressed concern that if this is approved it will open doors for other resident's to do the same and, however small the unit may be, it will lead to multiple vehicle parking. He also expressed concern that it will lead to parking concerns and congested traffic. Chair Eng asked if there was anyone else wishing to speak on this item. None Chair Eng closed the Public Hearing and asked if the Planning Commission had anymore discussion before action is taken. i Vice -Chair Ruiz expressed to the Planning Commission that Conditional Use Permit 11 -11 should not be disapproved because of parking and traffic concems and asked staff if the applicant has provided enough parking. Assistant Planner Trinh replied yes, a three car garage is provided, and explained that the main house requires a two car garage and the second residential unit requires one parking space. She stated the applicant has met all the parking requirements for both units. Vice -Chair Ruiz stated that it is important that the applicant f understands Mr. Matson's concerns with street parking and e) the addition therefore the Planning Commission cannot decline Chair Eng asked City Attorney Murphy, since it is legal for the g the Planning Commission to put in place a Condition of Approval Greg Murphy, City Attorney, replied that under state law it does r in the unit. Commissioner Herrera stated there is a covenant that can be sig met the parking requirements. He also stated he ned that the applicant has the right to legally build applicant's request. nny unit to be built under state law, is possible for the additional unit may not be utilized as a rental. t allow that the owner be limited as to who can live but enforcing it is another issue. I Chair Eng expressed that she agrees with Vice -Chair Ruiz and this addition is permitted under state law but under the Municipal Code the Planning Commission does have the ability to have some say on how these type of units are constructed and to help guide the applicant. . , ¢. i Vice -Chair Ruiz asked Greg Murphy, City Attorney, if the.City of Rosemead's Municipal Code allows that garage's be used for vehicles only and,not be used as storage. - i Greg Murphy, City Attomey; replied that he will defer that question to staff but he believes there is not anything in the Municipal Code. Assistant Planner Trinh replied the Municipal Code does not. Vice -Chair Ruiz expressed concern with the current City recommends that it is updated to'address using garages for ve Commissioner Hunter asked if using garages for vehicles only Vice -Chair Ruiz replied would';be'under a Municipal Code storage only. Commissioner Herrera stated that it is hard to enforce this parking in the street. Vice -Chair Ruiz stated the City of Arcadia and Temple City required. of ! Rosemead's Municipal Code requirements and hicles only and not storage. be under a homeowner's ordinance. other cities do not allow garages to be used as and the only option is to not allow overnight not allow overnight street parking and a permit is Commissioner Herrera stated the City of San Dimas also does not allow overnight parking and you need a permit to park overnight in the street. Chair Eng asked staff if the wood fence on the property will be replaced. Assistant Planner Trinh replied the applicant is not intending to replace the wood fence but staff did add a Condition of Approval stating that the existing fencing has to meet the existing zoning requirements and 20 feet of that fence will have to be brought down to four feet. She also stated a Condition of Approval for the fencing to be replaced can be added if its the Planning Commission's desire. Chair Eng recommended that a Condition of Approval be added stating that the fence be repaired due to the wood fencing being so dilapidated. Vice -Chair Ruiz recommended instead.of repairing the wood fence wouldn't the Planning Commission like to see the fence replaced with block wall to follow the construction being done throughout the City. Chair Eng stated if that is what the Planning Commission would like to recommend' , .. Vice -Chair Ruiz recommends that the wood fence be replaced with, wall to match the existing fence and stated it will enhance the neighborhood. Greg Murphy, City Attorney stated a sentence can be added to Condition of,Approval number twenty-four (24) stating that the wood fence be replaced with block wall to match the existing fence. He also stated the applicant will need to accept this condition or this matter will have to return to the Planning Commission. Chair Eng asked if there were anymore questions..' None Chair Eng asked for a motion.. Commissioner Herrera made a motion, seconded by Vice Chair Ruiz, to approve APPROVE Conditional Use Permit 11.11 and ADOPT Resolution No. 11-21 with findings, subject to the twenty-eight (28) conditions. a _ Vote resulted,in:. . Yes: Eng, Herrera, Hunter, Ruiz, Saccaro No: None.. :Abstain: None.,; Absent: None 5. MATTERi` R' OM THE CHAIRMAN & COMMISSIONERS Commissioner Saccaro asked staff if there is an ordinance restricting time limits in private parking lots. Assistant Planner Trinh replied according to the Public Safety Department they can not enforce parking on private property. Commissioner Hunter expressed concern with the comer of Walnut Grove and Mission and commented it looks bad and requested staff contact Southern California Edison to do something about it. She also stated she has received numerous complaints. City Planner Bermejo stated she has sent a letter to AT &T, the present cell site operator, requesting that they maintain the weeds. In addition she has contacted Southern California Edison and they will also help in enforcing the weeds to be maintained. She stated staff will have an update on this matter at the November 7, 2011 Planning Commission meeting. Commissioner Hunter stated there is work being done behind the McDonalds located on Walnut Grove and Valley and that the protective green sheeting on the fence is pretty wom out. She asked staff why it is allowed to stay that way. City Planner Bermejo replied staff will check on the status of the fence and explained that since the site is under construction the fencing is required to be there. Commissioner Herrera stated a resident contacted her to report there is a large commercial truck parked in the driveway of 8433 Norwood and that it is sticking out of the apron. She also asked staff to clarify which paint colors will be used on the Universal Bank on Valley Boulevard across from City, Hall. She expressed concern that the colors did not look like the ones that the Planning Commission selected.'.` Assistant Planner Trinh explained where an example of the colors are more of a tan color. She also reassured the Plannir the Planning Commission agreed upon. Staff stated the prop revised color and recommended the Planning Commission takE as the Planning Division can let the property owner proceed. " Vice -Chair Ruiz stated that on the south side of the street on th City Boulevard and Ellis Lane, trash containers are "visible from th are a few homes on Temple City Boulevard to Valley Boulevard. Rosemead's Municipal Code on what type of vegetation is allower City Planner Bermejo replied,the Municipal Code does-Pot have yards. 6. MATTERS FROM STAFF A. Wal -Mart's Annual Review, of Conditions of Approval - City Planner Bermejo presented staff.report which included the rf overview of the different types of noise studies that have taken review ofstaff s site inspection of 1923 N. Delta Avenue, which to Chair Eng stated she appreciates staff looking into this matt complaint. She also stated the majority of the noise is ambient nc and we need to distinguish the two. She also pointed out her obsE Commissioner's Herrera and Ruiz asked staff which table Chair measurements. ised colors had been painted and that the new >ommission that the colors are the tan colors that y owner is anxious to paint th% building with the iother look at the sample on the building soon, so 9600 block of Marshall, located between Temple street in front of the homes. He also stated there e asked staff if there were limitations in the City of in front yards' limitations on plant materials for residential front Compliance Matter �w of the Cities Noise Control Ordinance and an ice at Wal -Mart. She also stated it includes the place on September 26, 2011. and feels this is a legitimate and reasonable which is very different from a continuance noise itions of the Noise Survey Tables in Table 3 -1. was referring to for clarification of noise level City Planner Bermejo explained to the Planning Commission tl description of locations and times of how the noise level studies Commissioner Herrera asked staff if the noise factors such as before Wal -Mart was built. )le Chair Eng was referring to and gave a brief conducted. and traffic on Rush Street were present City Planner Bermejo replied that this noise study was taken on September 30, 2008 and there is not any historical data or noise study before that date. Mary Farris, resident stated she appreciates all the comments tonight, but her concern is not with the noise outside, it is with the noise that comes into her bedroom when she wants to go to sleep. She states the humming noise is constant and comes through her windows and vents. During the day it does not bother her but she is approaching 80 years old and when she wants to go to bed she needs her rest. She also stated that the sprinklers and siren noises come and go but the noise coming from Wal -Mart is constant. She also submitted a letter to the Planning Commission from her neighbor that is also concerned with the constant humming. She asked the Planning Commission if Wal -Mart cannot do anything about the noise, is there anything the City can do for her, such as a grant. Chair Eng recommends that staff work with Wal -Mart and the complainant, to,see,if it is possible to mitigate this concern. Greg Murphy, City Attorney, stated that that it would be appropriate to determine if mitigation is possible and for staff to bring a report back to the Planning Commission in the near,futurebut to a date uncertain. 7. ADJOURNMENT The next regular Planning Commission meeting will be lield'on Monday, November 7, 2011, at 7:00 p.m. Nancy Eng JI ye.r EXHIBIT "D CONDITIONAL USE PERMIT 07 -1095 2409 San Gabriel Boulevard, Rosemead, CA 91770 CONDITIONS OF APPROVAL December 3, 2007 1. Conditional Use Permit 07 -1095, is approved for the establishment of an after - school music school, developed in accordance with the plans marked Exhibit "B ", dated April 23, 2007. Any revisions to thel approved plans must be resubmitted for review and approval by the Planning Division. 2. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications. 3. The Conditional Use Permit 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, recoifiguration, 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 Cuncil to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on this Conditional Use Permit. 4. 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. I 5. Approval of Conditional Use Permit 07 -1095 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 set forth in the letter of approval and this list of conditions, within ten (10) days of approval. 6. Conditional Use Permit 07 -1095 is appro for a six (6) month period. The applicant shall make progress towards initiation of proposed use, or request an extension 30 days prior to expiration from the Planning Commission. Otherwise, Conditional Use Permit 07 -1095 shall become null and void. 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, occupancy permits, or any other appropriate request. 8. The existing pole sign on -site shall be refurbished to the satisfaction of the Planning Division prior to the issuance of the Certificate of Occupancy. 9. 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. 10.The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 5:00 p.m. to 9:00 p.m., Monday through Friday. 11. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Director of Planning. All trash and debris shall be contained within approved trash enclosure(s). 12. 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 occupancy, all requirements and appropriate licenses of the State of California shall be complied with and maintained at all times. 13.All trash, rubbish and garbage receptacles shall be regularly cleaned, and inspected and maintained in a clean, safe and sanitary condition. 14.The site shall be maintained in a clean, weed, 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. Any new litter and graffiti shall be removed within twenty -four (24) hours. 15.The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of '/4 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 Director. 16. Signs shall comply with Section 17.104 of the Rosemead Municipal Code (RMC). Signs shall not cover more than 25% of the building area or 15% of window area. All signs shall comply with Section 17.104.080 (RMC) regarding identification of the business in English. 17.The parking space markers shall be re- painted periodically to City standards to the satisfaction of the Planning Department, including double striping, wheel stops and handicapped parking /markings. 18.All proposed lighting for the exterior of the project shall be fully shielded and directed away from adjacent residential and commercial properties, with particular emphasis on addressing the west exterior of the property adjacent to residential uses. The developer shall be required to .provide downward - facing designed lamp fixtures and /or light poles, use of low - pressure sodium lighting and restriction on exterior signage lighting to effectively minimize residual negative limpacts to residents to the west. (Amended by Planning Commission on 12- 03 -07) 19.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. I 20. Conditional Use Permit 07 -1095 is approved with an occupancy load not to exceed three (3) students per class. Any increase in student enrollment at the school will be subject to the approval of a modification to the Conditional Use Permit. 21.Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings. Print Code Enforcement Case EXHIBIT "E" Page 1 of 3 Code Enforcement Case: CE -11 -1496 Entered on: 10/08/2011 00:00 Printed on: 11/02/2011 Tnnic- 7nnino Status: Ooen Due Date: 11/02/11 Assigned To: Wayne Co Initiated by: Observation Hearin Date: Hearin Time: Permit Permit #: Business name: License #: Property Location Occupant Name: San Fernando Music School Address: 2409 SAN GABRIEL BLVD, 91770 Phone: Cell #: APN : 5284- 007 -022 Owner Information I Owner Name: DIEP,TAN N AND TAM T TRS DIEP FAMILY TRUST Address: 2602 SAN GABRIEL BLVD #A Phone: ROSEMEAD, CA 91770 Actions Cell #: Inspection Wayne09/2812011 8:37 pm 0.00 Drove by location (2408 San Gabriel), saw lights on, stopped, went into location, Co saw 13 students and 6 parents and 1 instructor teaching music lession, no photos were taken inside due to too many childrens. Went across the street to (2409 San Gabriel) spoke to Noel owner of business, he stated that is rents out location at (2408 San Gabriel) for business and he will be moving soon, planning department told him before that the above location, has no parking and he can not move into location. he stated that he will be moving to the location south of 2409 san gabriel soon. — inside 2409 san gabriel, the first room on the left had too many students to lession and the last room to the right had 5 students and 1 instructor."Please, note that he know the C.U.P. only allows his business to teach 3 students per inspector. I advised him that he may not teach out of 2408 san gabriel anymore. ' Inspection David 10/08/2011 3:45 pm 0.50 Went to the school, spoke with the owner who stated that he cannot comply with the Rosemead Municipal Codes. The owner said that his business cannot survive with only 3 children per a classroom. I saw that the business was open and two rooms had a teacher inside each. Each of the room had more than 6 children inside. I told the owner that he was only suppose to have 3 and the owner said that he does not care if I go back to city hall and let them know that he has more than 3 children per a room. The owner said that if the city does not allow him to have more than 3 children per a room he will move to another city. Inspection Wayne l0 /15/2011 4:20 pm 0.00 Drove by location, Business was open at above location, see photo attachments Co Violations Violation Type Due Date Status Closed Date Inspection Notes Date: Time: Findings: http: // user. govoutreach. com /rosemead /ceprintrequest.php ?curld= 451871 &type =0 11/2/2011 v � � s jo It� � r z � o , a �fiii Fir • ° µ' u f F . ti. fj Print Code Enforcement Case Page 3 of 3 http: // user. govoutreach. com /rosemead /ceprintrequest.php ?curld= 451871 &type =0 11/2/2011 Print Code Enforcement Case Page 1 of 2 Code Enforcement Caste: CE -11 -1559 Entered on: 10/26/20113:38 PM Printed on: 11/02/2011 Topic: Zoning Status: Open Due Date: 11/09/11 Assigned To: Wayne Co Initiated by: Planning Hearing Date: Hearing Time: Permit #: Business name: License #: Property Location Occupant Name: San Fernando Music School Address: 2409 SAN GABRIEL BLVD, 91770 Phone: Cell #: APN : 5284- 007 -022 Owner Name: DIEP,TAN N AND TAM T TRS DIEP FAMILY TRUST Address: 2602 SAN GABRIEL BLVD #A Phone: ROSEMEAD, CA 91770 Actions Payne 1O /zb /zu11 9:3u am O.OU Per Hlammng Uepartm Co today and speak to all Cell #: they wanted Code Enforcement to go out to locatioi inesses in the plaza of 2245 -2409 San Gabriel Blvd inspection vvayne -i utmizu i i i:w pm u.uu unicer tt. Koonguez ana i went out to zzoo oan uaonei nrva, tnistopatnoiogy Co Associate) Knocked on door, no answer, left business card to have business owner call me. Inspection Wayne 10/26/2011 1:58 pm 0.00 Went out to location at 2249 San Gabriel Blvd (La Paloma Bakery) with Officer Co A.Rodriguez, Officer A.Rodriguez spoke to Mr. Manuel Garcia in Spanish and he stated that "Nothing has changed" since he last went to the planning - commission. The parking lot is still full during weekday and on Saturday. He leaves out orange cones with "La Paloma Bakery Parking Only" in front of his - business on two parking stalls. The Parents of the music school park in his business spot and when goes out to the parking stall, the parents fight with him. I Inspection Wayne 10/26/2011 2:04 pm 0.00 Went out to location at 2245 San Gabriel Blvd (El Novillo Meat Market) with Co Officer A.Rodriguez, Officer A. Rodriguez contacted Mrs. Gloria Cabral and - spoke to her in Spanish.IShe stated that the parking problem with music school has gotten worse, especially on Saturday from 9AM to 5PM. Inspection Wayne 10/26/2011 2:09 pm 0.00 Went out to location at 2403 San Gabriel Blvd (Santa Margarita Medical Clinic) Co with Officer A.Rodriguez; Contacted Daniel Pallan, He stated that he has taken picture of the problem acid will show the Planning Commission the photos on the 7th of Nov. He also stated that customer or parents of the music school are very uncooperative when he goes out to his reserved parking stalls to have driver to park somewhere else. Inspection Wayne 10/26/2011 2:13 pm 0.00 Officer A. Rodriguez and I went out to 2401 San Gabriel Blvd, Business is Co Vacant. I Phone Call Wayne 10/26/2011 4:15 pm 0.00 Gordon Chang called frdm 626 - 354 -6515 Re: 2253 San Gabriel Blvd, the pm no answer, Wayne 10/26/2011 6:01 pm 0.00 Checked on my old files`for Mr. Chang's home phone number, called 323-722 - Co 1464 spoke to Mr. Chang, he stated that around 5pm on week days he arrives at his business and there is no parking and the lot is full. He is forced to park on street almost everyday. He stated that he can not take it anymore, and will try to move out if parking problem does not stop. I http: // user. govoutreach. com /rosemead/ceprintrequest.php ?curld= 453399 &type =0 11/2/2011 Print Code Enforcement Case Page 2 of 2 Violations # Violation Type Due Date Status Closed Date Inspection Notes Date: Time: Findings: http: / /user.govoutreach. com/rosemead /ceprintrequest.php ?curld= 453399 &type =0 11/2/2011 Print Code Enforcement Case Page 1 of 3 Code Enforcement Case: CE -11 -0159 Entered on: 02/19/20,1100:00 Printed on: 11/02/2011 Topic: Business License Status: Open Due Date: 01/01/13 Assigned To: Wayne Co Initiated by: Observation Permit Permit #: Business name: I License #: Occupant Name: i Address: 2408 SAN GABRIEL BLVD, 91770 Phone: Cell #: APN : 5283- 018 -028 Owner Information Owner Name: HOLGUIN,MARIA Address: 2412 SAN GABRIEL BLVD ROSEMEAD, CA 91770 Phone: Cell #: Warning Notice Wayne02 /19/2011 12:25 pm 0.00 While driving, on U2/1 /2011 at night, I observed a lignt on inside location. Co today issue d warning notice to woel dan, to obtain business license. See warning notice Inspection Wayne05/31/2011 7:50 pm 0.00 Went out to location about 45 minutes ago, Security door was open, wood Co door was locked, knocked male open door, there was about 15 students inside location with a new wall in the middle of class. Music school, will L.ase (votes vvayneuori sizu11 0:4J PM Co u.uu received email rrom loll, Dee auacnrllenl Inspection Wayne06 /16 /2011 0.00 Officer A. Rodriguez and I went out to the above location. See attachment, Co Will cite business owner on monday. Inspection Wayne09/28/2011 8:37 pm 0.00 Drove by location, saw lights on, stopped, went into location, saw 13 Co students and 6 parents and 1 instructor teaching music lession, no photos were taken inside due to too many childrens. went across the street spoke to Noel owner of business, he stated that is rents out above location for business and he will be moving soon, planning department told him before that the above location, has no parking and he can not move into location. he stated that he will be moving to the location south of 2409 san gabriel soon. inside 2409 san gabriel, the first room on the left had too many students to lession' and the last room to the right had 5 students and 1 instructor. I advised him that he may not teach out of 2408 san gabriel anymore. I will speak to planning in the morning. see attachments from outside of location'at 2408. Violations DUJII ICJ] LIUCIIJC - 4UIIIIIICIU dl Corrections Required:Please apply and obtain business license at Hall. 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