PC - 2003-66 - Modification of Conditional Use Permit Operation of Adult Day Care Facility Medium Commercial Design Overlay Zone 8450 East Valley Boulevard Unit 122B0
PC RESOLUTION 03 -66
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING MODFICATION OF CONDITIONAL USE PERMIT 00 -812
(MODIFICATION), FOR THE OPERATION OF AN ADULT DAY CARE
FACILITY LOCATED IN THE C -31); MEDUIM COMMERCIAL DESIGN
OVERLAY ZONE, AT 8450 EAST VALLEY BOULEVARD, UNIT 122B.
(APN: 5371 - 009 -040).
WHEREAS, on June 16, 2003, Tony Leung, d.b.a. Sunny Cal Adult Day Health Care Center
of 8450 East Valley Boulevard, Unit 122B, Rosemead, California 91770, filed a conditional use
permit application to operate an adult day care facility located at 8450 East Valley Boulevard, Unit
12213; and
WHEREAS, 8450 East Valley Boulevard, Unit 122B is located in the C -31); Medium
Commercial with Design Overlay zone, and
WHEREAS, Section 17.112.020 of the Rosemead Municipal Code (RMC) permits the
operation of day nurseries in any zone upon the granting of a conditional use permit; and
WHEREAS, Sections 65800 & 65900 of the California Government Code and Section
17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve,
conditionally approve or deny conditional use permits; and
WHEREAS, Sections 17.112.010 of the Rosemead Municipal Code specifies the criteria by
which a conditional use permit may be granted; and
WHEREAS, on November 20, 2003, 102 notices were sent to property owners within a 300 -
foot radius from the subject property, in addition to notices posted in 12 public locations, specifying
the availability of the application, plus the date, time and location of the public hearing for
Conditional Use Permit 00 -812 (Modification); and
WHEREAS, on December 1, 2003, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use Permit
00 -812 (Modification); 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 00 -812 (Modification) is Categorically Exempt from environmental review as a Class 9
Exemption pursuant to Section 15309 of the California Environmental Quality Act (CEQA).
SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts
do exist to justify approving Conditional Use Permit 00 -812 (Modification) according to the Criteria
of Chapter 17.112.010 of the Rosemead Municipal Code as follows:
A. The conditional use permit applied for is authorized by the provisions of this title and that
the granting of such conditional use permit will not adversely affect the established character of the
surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone
in which the property is located.
FINDING: The permit is for the operation of an adult day care facility, which may be
permitted in any zone. The permit modification allows the applicant to remodel the interior of an
existing commercial building, thereby increasing the number of participants and staff members on-
site. This site will be operated in accordance with applicable City regulations, and is in conformity
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with the development in and around the project site.
B. The establishment, maintenance or conduct of the use for which the conditional use
permit is sought will not, under the particular case, be detrimental to the health, safety,
morals, comfort, convenience or welfare of persons residing or working in the
neighborhood.
FINDING: The proposed use will not endanger or be detrimental to surrounding properties
as conditions of approval have been incorporated upon the issuance of this permit requiring
immediate improvements to the tenant space, limitations to the hours of operation and occupancy,
and the overall maintenance of the site.
C. The granting of such conditional use permit will not adversely affect the General Plan of
the City.
FINDING: The proposed use is located within an established commercial district of the City
and is designated Commercial in the General Plan. The proposed use is in conformity with the
General Plan and complementary to the existing commercial businesses surrounding the property.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit
00 -812 (Modification), which allows an increase to facility's occupancy capacity as a result of the
remodeling of a commercial building used to operate an adult day care facility located at 8450 E.
Valley Boulevard, Unit 122B (APN: 5371- 009 -040), subject to conditions listed in Exhibit "A"
attached hereto and incorporated herein by reference.
SECTION 4 . This resolution is the result of an action taken by the Planning Commission
on December 1, 2003, by the following vote:
YES: LOI, HERRERA, BREEN, KELTY, LOPEZ,
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 15` day of December 2003.
Dianne Herrera, Chairperson
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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 V day of December 2003 by the
following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Bradford Johnson, Secretary