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PC - 2003-02 - Approving Conditional Use Permit 86-344 Modification Expansion of an Existing Pre-School to Include After-School Day Care 3107 Gladys AvenuePC RESOLUTION 03 -02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 86 -344 MODIFICATION, FOR THE EXPANSION OF AN EXISTING PRE- SCHOOL TO INCLUDE AFTER - SCHOOL DAY CARE, LOCATED AT 3107 GLADYS AVENUE IN THE R -2 (LIGHT MULTI FAMILY RESIDENTIAL) & C -3 (MEDIUM COMMERCIAL) ZONE. (APN: 5288 -010 -007, -011). WHEREAS, on October 24, 2002, May T.M. Chen, d.b.a. Sunshine Educational Center, of 300 East Lincoln Avenue, Montebello, California 90604, filed a conditional use permit modification application to expand an existing pre - school to include after- school day care located at 3107 Gladys Avenue; and i WHEREAS, 3107 Gladys Avenue is located in the R -2; Light Multi - Family Residential and 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 WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.1 12.010 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 December 26, 2002, 37 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 86 -344 Modification, and j WHEREAS, on January 6, 2003, the Planning Commission held a duly and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 86- 344 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 86 -344 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 86 -344 Modification according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. 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 thereof, . FINDING: The proposed use is an expansion of an existing pre - school use. The proposed expansion will not endanger or be detrimental to surrounding properties as conditions of approval have been incorporated upon the issuance of this permit requiring improvements to the property, limitations to the hours of operation and number of children allowed to enroll, and the overall maintenance of the site. B. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental or injurious to the property and improvements in the neighborhood. FINDING: The permit is for the expansion of pre - school to include after - school day care, which may be permitted in any zone. This site will continue to operate in accordance with applicable City regulations, and is in conformity with the development in and around the project site. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental or injurious to the general welfare of the City. FINDING: The proposed use is located within a residential area of the City just east of San Gabriel Boulevard, a commercial street, and the General Plan designation is for Medium Density Residential. The proposed use is in conformity with the General Plan. The existing pre - school has been operating in the City for 15 years,without incident. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 86- 344 Modification, to allow the expansion of an existing pre - school to include after- school day care located at 3107 Gladys Avenue subject to conditions listed in Exhibit "A' attached hereto and incorporated herein by reference. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on January 6, 2003, by the following vote: YES: LOI, BREEN, ORTIZ, HERRERA NO: NONE ABSENT: ALARCON 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 20 day of January 2003. Due Loi, Chairman s r CERTIFICATION 1 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 20` day of January 2003 by the following vote: YES: NO: ABSENT: ABSTAIN: Ju11115un, 3mluk"dly DATA;: 1811WI 29, 2003 AGENDA #: #6A -B RESO #: PC RESOLUTION(S) 03 -01 02 ADDRESS/DBA: > 9512 Valley (TPM27012) > 3107 Gladys (CUP 86 -344 /Mo(iUcationh ADJOURNMENT: 7:20 P.M. PL I NNI N S C O M M /S. 411 1 i I/ M E F T i Y C • OLsemead Planning Commission Conditional Use Permit, 86 -344 Modification JanuorY 6, 2003 Page 5 of 7 EXHIBIT A CONDITIONAL USE PERMIT 86 -344 MODIFICATION 3107 Gladys Avenue /8209 Park Street (Sunshine Educational Center) CONDITIONS OF APPROVAL January 6, 2003 Conditional Use Permit 86 -344 Modification is approved for the expansion of an existing pre - school to include after - school care in accordance with the plan marked Exhibit °B ". Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval of Conditional Use Permit 86 -344 Modification, shall not take effect for any purpose until the applicant has filed with the City of Rosemead an 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. 3. Conditional Use Permit 86 -344 Modification is approved for a period of one (1) year. Applicant shall make progress towards initiation of proposed use or request 30 days prior to expiration from the Planning Commission. Otherwise Conditional Use Permit 86 -344 Modification shall become null and void. 4. 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. 5. Prior to the issuance of building permits, all fees payable under State Law shall be paid. 6. Planning staff shall have access to the subject property at any time during construction to monitor progress. 7. All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Department. 8. The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4 ", 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. 9. Applicant shall obtain a public works permit for all work in or adjacent to the 'public right -of -way. 10. All conditions of Case No.: CONDITIONAL USE PERMIT 86 -344, must be complied with to the satisfaction of the Director of Planning. 11. Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. 12. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 11:00 a.m. to 7:00 p.m., Monday through Friday. 13. The playground shall be landscaped or provided with a suitable covering. 14. 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). • 'o.remend Planning Commission Conditional Use Permit 86 -344 Modification January 6, 2003 Page 6 of 7 15. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. 16. Window signage area shall be limited to a maximum of 15% of the window and door area. Applicant shall remove that signage which exceeds the 15% coverage area. 17. Signs shall comply with the sign program indicated in this report and that of Chapter 17.104 of the Rosemead Municipal Code. Specifically, signs shall not cover more than 15% of window area or 25% of wall areas. All signs must comply with Section 17.104.080 regarding identification of the business in English. 18. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the planning and building departments for review. 19. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 20. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within tweniy -four (24) hours. A 24 -hour, Graffiti Hotline can be called at (626) 307- 0463 for assistance. 21. 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. 21 Adequate lighting shall be provided in the vehicle parking area. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 23. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Department. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped.. Such striping shall be maintained in a clear, visible, and orderly manner. 24. Pursuant to California Vehicle Code Section § 22261.8, at least two (2) percent of the required parking stalls shall be designated for handicap space. A letter by the property owner shall be given to the city authorizing enforcement. 25. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 1 /4 inches contrasting in color and easily visible at driver's street level. The location, color, and size of such signs shall be subject to the planning director's approval. 26. The parking space markers — including double striping, wheel stops, and handicapped- - shall be repainted periodically to city standards and to the satisfaction of the planning department. 27. The applicant shall keep the electrical and mechanical equipment and /or emergency exits free of any debris, storage, furniture, etc and maintain a minimum clearance of five (5) feet. 28. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 29. Prior to issuance of building permits, a landscaping plan shall be submitted to the Planning Department for review. It shall include an irrigation plan with automatic timers and moisture sensors. Rosemead Planning Commission Conditional Use Perini! 86 -344 Modification January 6, 2003 Page 7 of 7 30. . Prior to issuance of building permits, a fence plan shall be submitted to reflect a new 7 -foot high 2 -inch square wrought iron fence along the south property line as indicated on the site plan (Exhibit B). 31. Prior to issuance of building permits, the applicant shall record a lot -tie covenant with the Los Angeles County Recorder to tie the two existing parcels together to be held as a single lot. 32. Conditional Use Permit 86 -344 Modification is approved with an occupancy load not to exceed seventy two (72) students and seven (7) employees for the pre - school and thirty (30) students and two (2) employees for the after - school day care. 33. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.