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PC - 2002 - 05 - Approving Conditional Use Permit 01-856, for the Operation of an Educational Facility, Located at 8816 1/2 Garvey Ave0 PC RESOLUTION 02 -05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 01 -856, FOR THE OPERATION OF AN EDUCATIONAL FACILITY, LOCATED AT 8816'% GARVEY AVENUE. (APN: 5282- 025 -002). WHEREAS, on December 1, 2001, Cang Nguyen, d.b.a. A+ Education Center of 9658 Westminster Avenue, 973, Garden Grove, Ca, 92844, filed a conditional use permit application to operate an educational facility located at 8816'/2E. Garvey Avenue; and WHEREAS, 8816'% East Garvey Avenue is located in the M -1; Light Manufacturing 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 17.112.010 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 December 6, 2001, 42 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 01 -856; and WHEREAS, on December 17, 2001, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 01- 856; 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 01 -856 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 01 -856 according to the Criteria of Chapter 17.1 12.010 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 educational facility 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. 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 0 6 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 a commercial district of the 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. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 01- 856, to allow the operation of an educational facility located at 8816 East Garvey 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 December 17, 2001, 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 of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 7` day of January 2002. William Alarcon, Chairman P n 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 7` day of January 2002 by the following vote: YES: NO: ABSENT: ABSTAIN: William Crowe, Secretary 1i 0 Rosemead Planning Commission Conditional Use Permit 01 -856 December 17, 2001 Page 4 of 5 .•1: i CONDITIONAL USE PERMIT 01 -856 8816'/2 Garvey Avenue (A+ Education Center) CONDITIONS OF APPROVAL December 17, 2001 1. Conditional Use Permit 01 -856 is approved for the operation of an educational tutoring facility 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 01 -856 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 01 -856 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 01 -856 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. The hours of operation shall be posted in the front window or door. Hours of operations shall be limited to 3:00 p.m. to 7:00 p.m., Monday through Friday. 10. 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. 11. 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. 12. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the planning and building departments for review. 13. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 14. 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. Rosemead Planning Commission Condilional Use Permit 01-856 December 17, 2001 Page 5 of 5 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. Conditional Use Permit 01 -856 is approved with an occupancy load not to exceed 40 students at any time based on the proportional share of on -site parking spaces and a parking ratio of one parking space for every ten students. 23. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings. 24. Applicant shall install additional lighting to the rear entrance of the educational tutoring facility.