PC - Item 3E - Conditional Use Permit 13-01 8718 Garvey AvenueROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: MARCH 18, 2013
SUBJECT: CONDITIONAL USE PERMIT 13 -01
8717 GARVEY AVENUE
SUMMARY
Ye Fu Wen has submitted a Conditional Use Permit application requesting approval to
operate a martial arts studio (Shaolin Temple Martial Arts Academy), located at 8717
Garvey Avenue in the M -1 (Light Manufacturing and Industrial) 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, Conditional Use Permit 13 -01 is
classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA
guidelines.
STAFF RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution No. 13 -05 with
findings (Exhibit "A "), and APPROVE Conditional Use Permit 13 -01 subject to twenty -
five (25) conditions outlined in Exhibit "B" attached hereto.
PROPERTY HISTORY AND DESCRIPTION
The subject site is located on the northside of Garvey Avenue, between Bartlett and
Muscatel Avenues. According to Building and Safety records, the 9,750 square foot lot
was developed in 1987. The site was developed with two (2) commercial buildings
addressed as 8717 and 8721 Garvey Avenue.
Planning Commission Meeting
A building permit was issued permitting the larger commercial building (8717) to be
divided into two separate units in 2009. A new address (8719) was issued for the new
rear unit in 2010. According to business license records, a wholesale transmission
parts business is operating in the unit addressed as 8717 Garvey Avenue and a retail
business selling vitamins and herbs is operating in the unit addressed as 8721 Garvey
Avenue.
A site inspection conducted by City staff discovered that the wholesale transmission
parts business is actually occupying the rear unit (8719 Garvey Avenue). Additionally,
the business operations have changed and the business owner is now repairing
automotive transmissions onsite. Code Enforcement was notified and a code
enforcement case was opened in order to resolve the matter.
The unit addressed as 8717 Garvey is currently vacant.
Front Elevation
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March 18, 2013
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Site & Surrounding Land Uses
The project site is designated in the current General Plan for. Mixed Use:
Industrial /Commercial and on the Zoning map it is designated M -1 (Light Manufacturing
and Industrial) zone. The site is surrounded by the following land uses:
.7.7WIMI
General Plan:
Mixed Use: Industrial /Commercial
Zoning: I
M -1 (Light Manufacturing and Industrial) zone
Land Use:.
Mobile Home Lot
South:
Commercial
General Plan:
Mixed Use: Industrial /Commercial
Zoning:
M -1 (Light Manufacturing and Industrial) zone
Land Use:
Warehouse
East:
General Plan:
Mixed Use: Industrial /Commercial
Zoning:
M -1 (Light Manufacturing and Industrial) zone)
Land Use:
Commercial
West:
General Plan: Mixed Use: Industrial /Commercial
Zoning: M -1 (Light Manufacturing and Industrial) zone)
Land Use: Commercial
ADMINISTRATIVE ANALYSIS
Ye Fu Wen is proposing to operate a martial arts studio located in the unit addressed as
8717 Garvey Avenue. Rosemead Municipal Code Section 17.112.020 permits
educational institutions, in any zone, upon the approval of a Conditional Use Permit.
Site Plan
The site is configured with two (2) detached. commercial buildings that front along
Garvey Avenue. The two (2) commercial units "take frontage from Garvey Avenue and
rear unit is accessed from the parking lot at the rear of the lot. The existing 17' -0" wide
driveway is situated between the two (2) commercial • buildings. The driveway is
accessed directly from Garvey Avenue and leads to the parking lot located at the rear of
the property.
A site inspection discovered that the parking lot is not currently stripped according to
Rosemead Municipal Code. According to the submitted site plan, ten (10) parking stalls
will be provided for the property and the stalls will be restriped in accordance with
Rosemead Municipal Code.
Two (2) landscape planters are located between the building fronts and the sidewalk.
The site is equipped with a trash enclosure, located along the east side of the property,
behind the unit addressed as 8721 Garvey Avenue. The property is secured with a six
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March 18, 2013
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(6) foot tall, wrought iron gate which is situated between the two (2) buildings along the
width of the driveway. The rear of the property is secured with a concrete block wall,
topped with wrought iron fencing and razor wire
Business Operation
According to the applicant, the martial arts studio will mainly offer private (one on one)
and semi - private (one to three persons) lessons for children and adults. The applicant
is proposing to hold the private and semi - private lessons, by appointment only, between
hours of 8:00 am and 10:00 pm daily.
The applicant is also proposing to offer group classes for children and adults. These
classes will be held Monday through Friday, between the hours of 4:00 pm and 10:00
pm and on Saturday and Sunday, from 9:00 am to 6:00 pm. Each class session will be
one (1) hour long with ten (10) minute intervals between each class. The business will
operate with one (1) instructor and five (5) students during each class session.
Parking
The proposed number of instructors and students for this business will be limited by the
available number of parking onsite. According to the site plan there are ten (10)
available parking spaces. Section 17.84.080(B) of the Rosemead Municipal Code
(RMC) requires that land uses involving trade, business, professional or vocational
schools, colleges, and universities provide one (1) space per employee on the largest
shift, plus one (1) parking stall for each two (2) students the facility is designed to
accommodate. According to the applicant, the studio will operate with one instructor
and a maximum of five (5) students.
The following table details the parking demand for the site.
PARKING REQUIREMENTS
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City s+Parkmg
Square
":
Number ofTotal�Numbe
Employees and
-a
Park_ g Spaces
r
Regwr`�ement
Footage
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Req�uir
Retail /Office
1 space per 250 sq
782 sf
v NA
3.12
8721
feet of floor area
Warehouse
(Auto Parts)
1 space per 400 sq
1160
NA
2.9
8719
feet of floor area
Martial Arts
1 parking space
4
Studio
per employee and
1900 sf
1 employees and
3.5
8717
1 space for each 2
5 students
students
Number of parking stalls required
9.5
Number of parking stalls provided
10
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March 18, 2013
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As shown on the table (shown above) the property provides ten (10) parking stalls.
Based on the parking demand for the site and the current uses, ten (10) parking stalls
are required by code. Staff finds that the applicant's request for one (1) employee and
five (5) students per class period is acceptable based on available onsite parking.
Lighting
The property is currently equipped with exterior light fixtures mounted to the building
walls, located along the driveway and at the rear of property. An existing light standard,
located directly in front of the subject building in the public right- of -way, provides
additional lighting for the driveway entrance onto the subject property.
Site Improvements
A site inspection discovered several property maintenance issues. The existing
landscape planters located in front of the property need regular maintenance and
improvement. A condition of approval will be added requiring that the landscape
planters be improved. Additionally, graffiti was observed on the property. A condition of
approval will be added requiring the graffiti to be removed from the property.
Conclusion
Staff believes that the proposed use is. consistent with the surrounding commercial
properties and land uses in the general area with no foreseeable negative impacts to
the surrounding properties. Staff has included several conditions of approval to ensure
that any potential negative impacts to the adjacent neighborhood are minimized.
Furthermore, a condition of approval has been included to limit the maximum number of
students and instructors present for each training class to prevent any unforeseeable
impacts to the available parking within the site.
MUNICIPAL CODE REQUIREMENTS
Section 17.112.020 (6) of the Rosemead Municipal Code (RMC) allows the operation of
education institutions in any zone upon the granting 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.
FINDING: The site is designated in the General Plan for Mixed Use:
Industrial /Commercial and on the zoning map it is designated M -1 (Light
Manufacturing and Industrial). The proposed use is in conformity with the
General Plan in that M -1 (Light Manufacturing and Industrial) zoning is a
corresponding zone district with the Mixed Use: Industrial /Commercial General
Plan land use category. Educational facilities are permitted in any zone upon
the approval of a conditional use permit.
B. The establishment, maintenance or conduct of the use for which the Conditional
Use Permit is sought will not be detrimental to the health, safety, peace, morals,
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March 18, 2013
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comfort or general welfare of the persons residing or working in the
neighborhood thereof.
FINDING: The proposed use will not endanger or be detrimental to surrounding
properties as conditions of approval have been incorporated to prevent any
unforeseeable impacts to the available parking within subject property. The
business will be limited to a maximum number of students and instructors
during each class period due to the limited amount of onsite parking. Parents
will be prohibited from leaving their cars idling in the parking lot drive aisle so
that onsite circulation is not impacted.
C. The establishment, maintenance, and operation of the proposed use so applied
for will not, under the circumstances of the particular case will not be
detrimental or injurious to the general welfare of the City.
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 by limiting student and staff occupancy. Parents will be
prohibited from leaving their cars idling in the parking lot drive aisle to prevent
automobile fumes from impacting the general surrounding areas.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300' radius public hearing notice to thirty -three (33) property owners,
publication in the Rosemead Reader on March 7, 2013, and postings of the notice at the
six (6) public locations and on the subject site.
Pr pared by: Submjtted
Gina Casillas Michelle R
Planning Technician Communit
EXHIBITS:
A. Resolution 13 -05
B. Conditions of Approval
C. Site and Floor Plans, February 19, 2013
D. Assessor's Parcel Map (APN 5289- 010 -024)
c
Development Director
Planning Commission Meeting
March 18, 2013
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EXHIBIT "A"
PC RESOLUTION 13 -05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 13 -01, FOR THE
OPERATION OF A MARTIAL ARTS STUDIO LOCATED AT 8717
GARVEY AVENUE, (APN: 5289 - 010 - 024).
WHEREAS, on February 19, 2013, Ye Fe Wen submitted a Conditional Use
Permit application to operate a martial arts studio, located at 8717 Garvey Avenue; and
WHEREAS, 8717 Garvey Avenue, is located in the M -1 (Light Manufacturing and
Industrial) zoning district; and
WHEREAS, Section 17.112.020(6) of the Rosemead Municipal Code (RMC)
permits the operation of education 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
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 March 7, 2013, thirty -three (33) notices were sent to all property
owners within a 300 -foot radius from the subject property,-in addition to notices posted
in six (6) public locations and onsite, specifying the availability of the application, plus
the date, time, and location of the public hearing for Conditional Use Permit 13 -01; and
WHEREAS, on March '18, 2013 , the Planning Commission held a duly noticed
and advertised . public hearing to receive oral and written testimony relative to
Conditional Use Permit 13 -01; and
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March 18, 2013
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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 13 -01 is categorically exempt from environmental review as a
Class 9 Exemption pursuant to Section 15309 of the California Environmental Quality
Act (CEQA) relative to projects consisting of inspections to check for the performance of
an operation, or for quality, health, or safety of a project. Accordingly, Conditional Use
Permit 13 -01 is classified as a Class 9 Categorical Exemption pursuant to Section
15309 of CEQA guidelines.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 13 -01 according to the
criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows:
A. The granting of such Conditional Use Permit 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 M -1 (Light Manufacturing
and Industrial). The proposed use is in conformity with the General Plan in that M -1
(Light Manufacturing and Industrial) zoning is a corresponding zone district with the
Mixed Use: Industrial /Commercial General Plan land use category. Educational
facilities are permitted in any zone upon the approval of a conditional use permit.
B. The establishment, maintenance or conduct of the use for which the
Conditional Use Permit is sought will not be detrimental to the health, safety, peace,
morals, comfort or general welfare of the persons residing or working in the
neighborhood thereof.
FINDING: The proposed use will not endanger. or be detrimental to surrounding
properties as conditions of approval have been incorporated to prevent any
unforeseeable impacts to the available parking within subject property. The business
will be limited to a maximum number of students and instructors during each class
period due to the limited amount of onsite parking. Parents will be prohibited from
leaving their cars idling in the parking lot drive aisle so that onsite circulation is not
impacted.
C. The establishment, maintenance, and operation of the proposed use so
applied for will not, under the circumstances of the particular case will not be
detrimental or injurious to the general welfare of the City.
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March 18, 2013
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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 by limiting student and staff occupancy. Parents will be prohibited from
leaving their cars idling in the parking lot drive aisle to prevent automobile fumes from
impacting the general surrounding areas.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use
Permit 13 -01 to allow the operation of an education center located at 8717 Garvey
Avenue, subject to conditions listed in Exhibit "B attached hereto and incorporated
herein by reference.
SECTION 4 . This action shall become final and effective ten (10) days after the
Planning Commission decision, unless within such time a written appeal is filed with the
City Clerk for consideration by the Rosemead City Council as provided in Section
17.124.070 of the Rosemead Municipal Code.
SECTION 5 . This resolution is the result of an action taken by the Planning
Commission on March 18, 2013, by the following vote:
YES:
NO:
ABSTAIN:
ABSENT:
SECTION 6 . 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 18 day of March, 2013.
Victor Ruiz, 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 18 day of
March, 2013 by the following vote:
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March 18, 2013
Page 10 of 14
YES:
NO:
ABSTAIN:
ABSENT:
Michelle Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
March 18, 2013
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EXHIBIT "B"
CONDITIONAL USE PERMIT 13 -01
8717 Garvey Avenue
(APN: 5289 -010 -024)
CONDITIONS OF APPROVAL
March 18, 2013
1. Conditional Use Permit 13 -01 is approved for the establishment of a martial
arts studio to be developed in accordance with the plans marked Exhibit "C ",
dated January 19, 2013. Any revisions to the approved plans must be
resubmitted for review and approval by the Planning Division.
2. Approval of Conditional Use Permit 13 -01 shall not take effect for any purpose
until the applicant has filed with the City of Rosemead a notarized affidavit
stating that he /she is aware of and accepts all of the conditions of approval as
set forth in the.letter of approval and this list of conditions, within ten (10) days
from the Planning Commission approval date.
3. Conditional Use Permit 13 -01 is approved for a period of six (6) months from
the Planning Commission approval date. The applicant shall initiate the
proposed use, or request an extension within 30- calendar days before the
expiration of the six (6) month approval period. Otherwise, Conditional Use
Permit 13 -01 shall become null and void.
4. Prior to occupancy, the applicant shall obtain a City of Rosemead business
license.
5. The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved plans where necessary.
6. Conditional Use Permit 13 701 is granted or approved with the City and its
Planning Commission and City Council retaining and reserving the right and
jurisdiction to review and to modify the permit, including the conditions of
approval based on changed circumstances. Changed circumstances include,
but are not limited to, the modification of the use, a change in scope, emphasis,
size, or nature of the use, or the expansion, alteration, reconfiguration, or
change of use. This reservation of right to review is in addition to, and not in
lieu of, the right of the City, its Planning Commission, and City Council to
review and revoke or modify any permit granted or approved under the
Rosemead Municipal Code for any violations of the conditions imposed on
Conditional Use Permit 13 -01.
7. The onsite public hearing notice posting shall be removed by the end of the 10-
day appeal period of Conditional Use Permit 13 -01.
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March 18, 2013
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8. 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.
9. 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.
10. The conditions listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
divisions for review.
11. Class sessions will be held Monday through Friday, between the hours of 4:00
pm and 10:00 pm and on Saturday and Sunday, from 9:00 am to 6:00 pm.
Each class session will be one (1) hour long with ten (10) minute intervals
between each class. Private and semi - private lessons will be held between the
hours of 8:00 am and 10:00 pm daily. The hours of operation shall be posted
on the front window or door.
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.
13. No portion of the lot, outside of the building, shall be used for storage of any
type, unless designated and approved by the Planning Division. All trash and
debris shall be contained within approved1trash enclosure(s).
14. The numbers of the address sign 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. Materials, colors, location, and size of such address numbers
shall be approved by the Community Development Director, or his or her
designee, prior to installation.
15. Occupancy will not be granted until all improvements required by this approval
have been completed, inspected, and approved by the appropriate
department(s).
16. The site shall be maintained in a graffiti -free state. Any new graffiti shall be
removed within twenty -four (24) hours. A 24 -hour Graffiti Hotline can be called
at (626) 569 -2345 for assistance.
17. 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
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March 18, 2013
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emergency exits.
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. All trash, rubbish, and garbage
receptacles shall ,be regularly cleaned, inspected, and maintained in a clean,
safe, and sanitary condition. The trash enclosure doors shall be closed at all
times.
19. The parking area, including handicapped spaces, shall be paved and re-
painted periodically to City standards to the satisfaction of the Planning
Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code,
all designated parking stalls shall be double striped and have wheel stops.
Such striping shall be maintained in a clear, visible, and orderly manner.
20. Adequate lighting shall be provided in the parking area where deemed
appropriate by the Planning Division. All exterior lighting shall be directed away
from adjacent properties.
21. The maximum number of students and employees present during any given
class shall be limited to a maximum of five (5) students and one (1) employee
in accordance with plans marked Exhibit "C" dated January 19, 2013. The
applicant shall provide a ten (10) minute transition period between classes to
allow for passage of students into and out of the site.
22. Any exterior signage shall be subject to the requirements of the Rosemead
Municipal Code and the review and approval of the Planning Division prior to
installation. '
23. All driveway entrances and exits shall remain open and unobstructed at all
times.
24. The martial arts studio shall require all parents and guardians to escort their
children from their parked car to the center. The vehicles of parents' and
guardians' shall not be permitted to idle in drive aisles at any time.
25. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Planning Commission Meeting
March 18, 2013
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