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PC - 2002 - 30 - Approving the Modification of Conditional Use Permits 78-58/88-429, Zone Variance 02-317, and Design Review 02-97 for Facade Improvements and Expansion of Existing Pre-school with less than the required ParkingPC RESOLUTION 02 -30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING THE MODIFICATION OF CONDITIONAL USE PERMITS 78 -58/88 -429, ZONE VARIANCE 02 -317, AND DESIGN REVIEW 02 -97 FOR FACADE IMPROVEMENTS AND THE EXPANSION OF AN EXISTING PRE- SCHOOL WITH LESS THAN THE REQUIRED NUMBER OF PARKING SPACES, LOCATED AT 4715 -4723 ROSEMEAD BOULEVARD (APN: 5389- 018 -018, -011). . WHEREAS, on April 29, 2002, Uma Chander, property owner of Little People School, filed applications for a conditional use permit, a zone variance, and a design review for fagade improvements and the expansion of an existing pre- school with less than the required number of parking spaces, located at 4715 -4723 Rosemead Boulevard; and WI-1 EREAS, 4715 -4723 Rosemead Boulevard is located in the C -3 D; Medium Commercial with a Design Overlay zone, and WHEREAS, Section 17.112.020(5) of the Rosemead Municipal Code (RMC) permits the operation of day nurseries an nursery schools in any zone upon the granting of a conditional use permit (CUP). RMC Section 17.72.030 states that design review procedures shall be followed for all improvements involving visible changes in form, texture, color, exterior, fagade or landscaping. RMC Section 17.84.080(c) requires that land uses that include a child care or nursery facility must have one parking stall for every ten children; one parking stall for each employee, and adequate room for vehicle drop off and RMC Section 17.108.020 sets the criteria required for granting a zone variance from this requirement.. Section 17.112.010 sets the criteria required for granting such a conditional use permit. These criteria require that the proposed use is deemed: • The establislument, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health; safety, peace, morals, comfort or general welfare of persons residing or working the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the city. Section 17.72.030 sets the criteria required for granting such a design review permit. These criteria require that the proposed use is deemed: • Proper consideration to the general neighborhood; • That the project site and surrounding properties are protected from adverse effects to the environment, and in proper screening to the surrounding area; • The design is in harmony is in the immediate and general area; • In conformity with the standards of this code and other applicable ordinance relative to the location and appearance of the proposed development; and • Proper consideration to functional aspects of site development and visual effects from public streets. Section 17.1 12.010 sets the criteria required for granting such a zone variance permit. These criteria require that the proposed use will not: • Grant a special privilege inconsistent with limitations on other properties; • Be materially detrimental or injurious to the public and surrounding area; • Adversely affect the comprehensive general plan; • That due to the strict enforcement of the code, the project site would be deprived of privileges enjoyed by like properties and land uses. WhIEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, 0 conditionally approve or deny conditional use permits; and WHEREAS, Sections 17.1 12.010, 17.72.030, and 17.108,020 of the Rosemead Municipal Code specifies the criteria by which the aforementioned pennits may be granted; and WHEREAS, on April 25, 2002, 46 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 78 -58/88 -429; and W i l EREAS, on May 6, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 78- 58/88- 429; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE 1T RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1 . The Planning Commission HEREBY DETERMINES that Conditional Use Permit 78 -58/88 -429 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 the Modification of Conditional Use Permits 78 -58/88 -429 according . to the Criteria of Chapter 17.1 12.010 of the Rosemead Municipal Code as follows: A. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals comfort or general welfare of persons residing or working the neighborhood thereof; FINDING: The property owner plans to intensify the existing preschool by constructing minor additions and faoade improvements. There are two existing conditional use permits for this site, which include conditions for the maintenance and operation of this land use. This site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. B. 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 property and improvements in the neighborhood. FINDING: The proposed use is located within an established commercial district of the City, and is designated Mixed Use: Residential/Connnercial in the General Plan. The proposed use is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will contribute to the economic well being of the commercial areas of the City. 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: This proposed project solely consists of fapade improvements and minor additions to an existing preschool. This school has been established in the city for over thirty years and has been operated favorably in its neighborhood. SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justi fy approving Design Review 02 -97 according to the Criteria of Chapter 17.72.030 of the Rosemead Municipal Code as follows: D. Proper consideration to the general neighborhood. FINDING: The subject site is within an area that is zoned for commercial and is adjacent to a highly visible street. The proposed development has been reviewed inconsideration of the existing business and residents in the surrounding neighborhood. E. That the project site and surrounding properties are protected from adverse effects to the environment, and in proper screening to the surrounding area; . FINDING: This proposed development would not create any adverse effects to the environment_ There exists mature landscaping to the site and adjacent properties that provide appropriate screening to the surrounding area. F. The design is in harmony is in the immediate and general area; FINDING: The proposed design of the.fagade improvements and additions will match the existing residential architecture of the preschool, which complements the architecture of neighboring residences. G. In conformity with the standards of this code and other applicable ordinance relative to the location and appearance of the proposed development; FINDING: The architectural improvements to the preschool have been designed to comply with the standards of the municipal code, including a public review of the proposed development due to its location within a Design Overlay. H. Proper consideration to functional aspects of site development and visual effects from public streets. FINDING: The proposed use will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit requiring: immediate improvements to the subject site; limitations to operational hours and occupancy, and the overall maintenance of the site. SECTION 4 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Zone Variance 02 -315 according to the Criteria of Chapter 17.84.080(c) of the Rosemead Municipal Code as follows: I. Constitute a grant of special, privilege, inconsistent with the limitations upon other properties in the vicinity; FINDING: This project will not be granted a special privilege since adjacent properties are similar in that properties are limited in size and because most commercial development have a greater need for parking than that of a preschool land use. The preschool has been operating well with its limited number of parking due to shuttle van services for students and employees utilizing carpool and public transportation. J. Be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity; FINDING: The operation of this business will not be materially detrimental to the public health or welfare or be injurious to the property or improvements in the vicinity because it is an established preschool that has a long and reputable history for well- maintained businesses. K. Adversely affect the comprehensive General Plan; and FINDING: The proposed use is located within an established commercial district of the City, and is designated Mixed Use: Residential /Commercial in the General Plan. This establishment is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will contribute to the economic well being of the commercial areas of the City. L. That because of special circumstances, the strict enforcement of the code would deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classification. FINDING: The strict enforcement of this parking requirement would limit the type of preschool.land use that occupy this subject site as compared to other commercial centers in the vicinity. Therefore, approval of this permit request would allow for this preschool to construct the proposed architectural improvements with less than the required number of parking spaces. SECTION 5 . The Planning Commission HEREBY APPROVES the Modification of Conditional Use Permit 78 -58/88 -429, Zone Variance 02 -317, and Design Review 02 -97 for the faeadc improvements and the expansion of an existing preschool with less than the required number of parking spaces, on property located at 4715 -4723 Rosemead Boulevard , subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 6 . This resolution is the result of an action taken by the Planning Conunission on June 3, 2002, by the following vote: YES: LOI, BREEN, ALARCON, ORTIZ, HERRERA NO: NONE ABSENT: NONE ABSTAIN: NONE SECTION 7 . 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 17 "' day of June, 2002.. G Due Loi, Chairman 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 17 "' day of June 2002 by the following' vole: YES: NO: ABSENT: ABSTAIN: Bradf Johnson, Secretary • 4 b Rosemead Planning Commission Conditional Use Permits 73 -58188 -429 Zone Variance 02 -317, DR 02 -97 June 3, 2002 Page 6 of 8 EXHIBIT A CONDITIONAL USE PERMITS 73 -58/88 -429 ZONE VARIANCE 02 -317 DESIGN REVIEW 02 -97 4715 -4723 Rosemead Boulevard . (Little People School) CONDITIONS OF APPROVAL June 3, 2002 1. Conditional Use Permits 73 -58/88 -429, Zone Variance 02 -317, and Design Review 02 -97 are approved for the facade improvements and the expansion of an existing pre - school with less than the required number of parking 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 Permits 73 -58/88 -429, Zone Variance 02 -317, and Design . Review 02 -97, 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 Permits 73 -58/88 -429, Zone Variance, 02 -317, and Design Review 02- 97, are 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 73 -58/88 -429 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.s: CONDITIONAL USE PERMITS 73 -58/88 -429, ZONE VARIANCE 02 -317, and DESIGN REVIEW 02 -97, 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 6:00 a.m. to 6:30 p.m., except for special events. 13. The playground shall be landscaped or provided with a suitable covering. osentead Platining Commission - - Conditiowl Use Permits 73 -58188 -429 Zone Variance 02 -317, DR 02 -97 Juste 3, 2002 Page 7 of 8 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). 15. Per state code requirements, the maximum occupancy load allowable under these permits will be one hundred thirty -nitre (139) children and ten (10) employees. At any time this occupancy load is to change, the applicant must process a modification of the permit for review by the Planning Department staff and Planning Commission. 16. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. 17. 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. , . . 18. 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. 19. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the planning and building departments for review. 20. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 21. 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) 307- 0463 for assistance. 22. 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. 23. 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. 24. 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. 25. 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. 26. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 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. 27. 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. 28. The applicant shall keep the electrical and mechanical equipment and /or emergency exits fine of any debris, storage, furniture, etc and maintain a minimum clearance of five (5) feet. Rosemead Planning Commission Conditional Use Permits 73 -58188 -429 7one Variance 02 -317, DR 02 -97 June 3, 2002 Page 8 of 8 29. ' Any changes to the condition of operation listed in this Exhibit " A " must be first approved by the I tanning Commission through a modification application. 30. Repaint the concrete block wall along the west property line (street front) to be muted green to match the new fagade colors. 31. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.