Loading...
PC - 2002 - 59 - Approving Conditional Use Permit 02-906 Operation of a Traffic School 8811 East Garvey Avenue Unit 203PC RESOLUTION 02 -59 A RESOLUTION OF TIIE PLANNING CONIN ISSION OF TIIE CITY OF ROSEN'IEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 02 -906, FOR TIIE OPERATION OF A TRAFFIC SCHOOL,, LOCATED AT 8811 EAST GARVEY AVENUE, UNIT 203. (APN: 5289 -011 -017). ' WHEREAS, on November 25, 2002, Wayne (long Wong, d.b.a. Flono' AVay Traffic School of 8811 East Garvey Avenue, Unit 203, Rosemead, California 91770, filed a conditional use permit application to operate a traffic school located at 8811 East Garvey Avenue, Unit 203, and WHEREAS, 881 1 East Garvey Avenue is located in theM -I; LightNlanufacluring zone, and WHEREAS, Section 17.1 12.020.6 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 R 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 17.1 12.010 ofthe Rosemead Nlunicipal Code specifies the criteria by which a conditional use permit may be granted; and WHEREAS, on December 4, 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 02 -906, and WIIEREAS, on December 16, 2002, the Planning Commission heldia duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use permit 02- 906, and WHEREAS the Rosemead planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, TIIEREFORE, 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 02 -906 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 02 -906 according to the Criteria of Chapter 17.1 12.010 of the Rosemead Municipal Code as follows: A. The establishment, maintenance or conduct Oft Ile use for which the conditional use permit is sought Will not, under the particular case, be det6mental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood thereof, FINDING: The proposed use will not endanger or be detrimental to surroundin 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 occupancy, 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. 9 0 FINDING: The permit is for the operation ofa traffic school, which may be permitted in any zone. This site will be operated 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 oft lie 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 light manufacturing district ofthe City and the General Plan designation is for Mixed Use Industrial /Commercial. The proposed use is in conformity with the. General Plan and complementary to the existing commercial businesses surrounding the property. Other existing uses of the building include several offices and another educational facility. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 02- 906, to allow the operation of a traffic school located at SS 11 East Garvey Avenue, Unit 203, subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. - SECTION 4 . This resolution is the result ofan action taken by the Planning Commission on December 16, 2002, by the following vote: YES: LOI, BREEN, ALARCON, ORTIZ, HERRERA NO: NONE ABSENT: NONE ABSTAIN: NONE SECTION 5 . The secretary shall certify to the adoption ofthis resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 6 "' day of January 2003. / PZL� Due Loi, Chairman 0 0 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 6 "' day of January 200.; by the following vote: YES: NO: ABSENT: ABS'T'AIN: Brad('ofd Johnson, Secretary DATE: January 6, 2003 AGENDA #: 96A -B RESO #: PC RESOLUTION(S) 02 -56, 57, 58,(59 ADDRESS/DBA: > 8818 Garvev (CUP 02 -895) > 8450 Valley, Units 119 -120 (CUP 02 -901) > 7862 Whitmore (CUP 02 -902) > 8811 Garvey (CUP 02 -906) ADJOURNMENT: 7:30 P.M. PL ANN /N 6 C 0 MM/ S S/ 0 N Mf ET /N 6 • • Rosemead PFYnming Commission Couditionol Use Permit 02 -906 December 16, 2002 Page d of 5 EXHIBIT A CONDITIONAL USE PERMIT 02 -906 8811 E. Garvey Avenue, Unit 203 (I -long Way Traffic School) CONDITIONS OF APPROVAL December 16, 2002 Conditional Use Permit 02 -906 is approved for the operation of a traffic school 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 02 -906 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an notarized affidavit staling 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 02 -906 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 02 -906 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. Building permits will not be issued in connection with any project until such time as all plan check fees, and all other applicable fees are paid in full. 6. The conditions listed on this Exhibit "A" shall be copied directly onto development plans submitted to the Planning and Building Departments for review. 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. All ground level mechanical /utility equipment (including meters, back flow preservation devices, fire valves, A/C condensers, furnaces and other e(Iuipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right -of -way. Said screening shall be approved by the Director of Planning before installation. Location of air conditioning /heating unit shall be noted on submittal of development plans. 10. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 11. Occupancy will not be granted until al�provements required by this approval have been completed, inspected, and approved by the appropriate department(s). 12. The hours of operation shall be posted in the front window or door. Business hours shall be limited to 9 a.m. — 5:30 p.m., Monday through Friday, and 9 a.m. to 5 p.m., Saturday and Sunday. Id. Window signage area shall be limited to a maxini un of 15% of the window and door area. Applicant shall remove that signage which exceeds the 15% coverage area. • I kosemend Planning Cnwmission •Condilionol Use Permit 02 -906 December 16, 2002 Pnge 5 of 5 14. Signs shall comply with 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. 15. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the planning and building departments for review. 16. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. IT The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed Within hventy -four (24) hours. A 24 -hour, Graffiti Hotline can be called at (626) 307- 0463 for assistance. 18. 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. 19. 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. 20. 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. 21. 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. 22. , 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. 23. 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. 24. Any changes to the condition of operation listed in this Exhibit "A" must be first approved by the Planning Commission through a modification application. The planning Commission must first approve exterior changes to this site. 25. Conditional Use Permit 02 -862 is approved with an occupancy load not to exceed 6 students and I employees (including instructors) at any time based on the proportional share of on -site parking spaces and a parking ratio of one parking space for every two students and one parking space for each employee. Any changes to the occupancy load will require the applicant's submittal of a parking and curriculum analysis and of an application for a modification for this conditional use permit. 26. All signage of old businesses shall be removed prior to approval. of occupancy. Areas of the building with traces of old signage shall be painted to match the building. 27. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.