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PC - 2014-05 - Approving Conditional use Permit 13-04 for the Operation of a Tutoring Center and Zone Variance 13-03 Requesting to Deviate from the Required Number of Parking Stalls Located at 9241 Valley Boulevard ,Units 202,203 and 204, in C-3D ZonePC RESOLUTION 14 -05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 13 -04 FOR THE OPERATION OF A TUTORING CENTER AND ZONE VARIANCE 13 -03 REQUESTING TO DEVIATE FROM THE REQUIRED NUMBER OF PARKING STALLS LOCATED AT 9241 VALLEY BOULEVARD, UNITS 202, 203, AND 204, IN THE C -31) (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. (APN: 5391- 014 -017) WHEREAS, on September 25, 2013, Paul Dang of Advance Tutoring Center, submitted a Conditional Use Permit application for the operation of a tutoring center and a Zone Variance application requesting to deviate from the required number of parking stalls located at 9241 Valley Boulevard; and WHEREAS, 9241 Valley Boulevard is located in the C -3D (Medium Commercial with a Design Overlay) zone, and WHEREAS, Section 17.112.020(6) of the Rosemead Municipal Code permits the operation of education institutions in any zone upon the granting of a Conditional Use Permit; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Sections 17.112. 010 and 17.108.020 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or deny conditional use permit and zone variance applications; and WHEREAS, Section 17.112.010 of the Rosemead municipal Code specifies the criteria by which a Conditional Use Permit may be granted; and WHEREAS, An applicant must obtain a zone variance in order to create a development that does not meet the minimum standards. Section 17.108.020 sets criteria required for granting such a variance. If one of these criteria cannot be met then the variance may not be granted; and WHEREAS, on February 20, 2014, thirty -five (35) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in five (5) public locations and on -site, specifying the availability of the application, plus the date, time, and location of the public hearing for Conditional Use Permit 13 -04 and Zone Variance 13 -03, and on February 20, 2014 notice was published in the Rosemead Reader, and WHEREAS, on March 3, 2014, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 13 -04 and Zone Variance 13 -03; 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 13 -04 and Zone Variance 13 -03 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of California Environmental Quality Act (CEQA) guidelines. Section 15309 of the 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. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 13 -04 according the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The granting of such a Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. FINDINGS: The proposed use is designated as Commercial in the General Plan. The proposed use is in conformity with the General Plan in that C -31D (Medium Commercial with a Design Overlay) zoning is a corresponding zoning district with the Commercial General Plan land use category. 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. FINDINGS: The maintenance and operation of the proposed tutoring center will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of the persons residing or working in the neighborhood. The proposed tutoring center is located in a commercial building with two separate driveways accessed directly from Valley Boulevard. To prevent any unforeseeable impacts to the available parking within the commercial center, a condition of approval will limit the maximum number of students and employees permitted onsite during each tutoring session. A condition of approval has also been added to prohibit parents from leaving their cars idle in the parking lot drive aisles, 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. FINDINGS: All activities of the tutoring center will be conducted entirely within the enclosed units. The tutoring center is located in a commercial building and is considered to be complementary to the existing businesses surrounding the subject property. To prevent any unforeseeable impacts to the available parking within the commercial center, a condition of approval will limit the maximum number of students and employees permitted onsite during each tutoring session. A condition of approval has also been added to prohibit parents from leaving their cars idle in the parking lot drive aisles, so that onsite circulation is not impacted. SECTION 3. The Planning Commission HEREBY APPROVES Zone Variance 13 -03 granting a deviation from the required number of parking stalls. D. Constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity, FINDINGS: The subject property is improved with a surface parking lot containing approximately thirty -seven (37) spaces. The tutoring center operates differently than other tutoring centers in which it provides pick -up and drop -off services to the students, which reduces the actual demand for parking stalls. A parking study determined that the center could accommodate the tutoring center operation along with the current and future uses of the center with a surplus of eleven (11) spaces on weekdays and fifteen (15) spaces on Saturdays. Therefore, the parking variance would not grant a special privileged inconsistent with the limitations upon the other properties in the vicinity and zone. E. Be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity, FINDINGS: The tutoring center will operate within an established commercial center and all activities will be conducted entirely within the enclosed units. To prevent any unforeseeable impacts to the available parking within the commercial center, a condition of approval will limit the maximum number of students and employees permitted onsite during each tutoring session. A condition of approval has also been added to prohibit parents from leaving their cars idle in the parking lot drive aisles, so that onsite circulation is not impacted. Therefore, the granting of such variance will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity in which the subject property is located. Adversely affect the comprehensive General Plan; and FINDINGS: The proposed use is designated Commercial in the General Plan. Permitted uses within the Commercial land use category include a broad range of retail, office, and service uses that serve local and regional needs. Approval of the Zone Variance would be consistent with Action 3.4 of the General Plan which encourages grouping of land uses of certain types of commercial activities that would benefit from this development. The tutoring center would be consistent with other uses on the subject property under the General Plan. Therefore, the granting of the parking variance will not adversely impact the General Plan. G. 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 classifications. FINDINGS: Strict application of the zoning ordinance would require seventy (70) onsite parking spaces. A parking study determined that the center could accommodate the tutoring center operation along with the current and future uses of the center with a surplus of eleven (11) spaces on weekdays and fifteen (15) spaces on Saturdays. The tutoring center operates differently than other tutoring centers in which it provides pick- up and drop -off services to the students, which reduces the actual demand for parking stalls. Therefore, approval of a Zone Variance allowing the tutoring center to operate is reasonable. SECTION 4. The Planning Commission HEREBY APPROVES Conditional Use Permit 13 -04 permitting the operation of a tutoring center and Zone Variance 13 -03 granting a deviation from the required number of parking stalls. SECTION 5. This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Article IX — Planning and Zoning of the Rosemead Municipal Code. SECTION 6. This resolution is the result of an action taken by the Planning Commission on March 3, 2014, by the following vote: YES: DINH, ENG, LOPEZ, AND TANG NO: NONE ABSTAIN: NONE ABSENT: HERRERA 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 3rd day of March, 2014. Diane Herrera, 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 3rd day of March, 2014 by the following vote: YES: DINH, ENG, LOPEZ, AND TANG NO: NONE ABSTAIN: NONE ABSENT: HERRERA Michelle Ramire Osecretary APPROVED AS TO FO Gregory y, Planning Com ission Attorney Burke, William & Sorensen, LLP EXHIBIT "B" CONDITIONAL USE PERMIT 13 -04 AND ZONE VARIANCE 13 -03 (APN: 5391 -014 -017) CONDITIONS OF APPROVAL March 3, 2014 1. Conditional Use Permit 13 -04 is approved for the operation of a tutoring center and Zone Variance 13 -03 is approved for the deviation from the required number of parking stalls in accordance with the plans marked Exhibit "C ", dated November 26, 2013. Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. Approval of Conditional Use Permit 13 -04 and Zone Variance 13 -03 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 -04 and Zone Variance 13 -03 is approved for a period of six (6) months from the date of adoption of Planning Commission Resolution 14 -05. The applicant shall commence the proposed use or request an extension within 30- calendar days prior to expiration. The six (6) months initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning Division and Building and Safety Division so long as the project is not abandoned. If Conditional Use Permit 13 -04 and Zone Variance 13 -03 has been unused, abandoned, or discontinued for a period of six (6) months, it shall become null and void. 4. Conditional Use Permit 13 -04 and Zone Variance 13 -03 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 Conditional Use Permit 13 -04 and Zone Variance 13 -03, 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 -04 and Zone Variance 13 -03. 5. 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. 6. The onsite public hearing notice posting shall be removed by the end of the 10- day appeal period of Conditional Use Permit 13 -04 and Zone Variance 13 -03. 7. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 8. 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. 9. Any changes to the conditions of operation listed in this Exhibit "B" must first be approved by the Planning Commission through a modification application. 10. Prior to occupancy, the applicant shall obtain a City of Rosemead Business License. 11. The hours of operation for shall be limited to 2:00 p.m. to 8:00 p.m. Monday through Friday and 8:00 a.m. to 2:00 p.m., Saturdays. 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. Prior to submittal to the Planning, Building, Fire, Sheriff, and Health Departments for any approvals related to this Conditional Use Permit, the applicant shall submit a revised and correct site plan to the Planning Division, which shall be subject to Division review and approval. 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. 14. The numbers of the address sign shall be at least 6" tall with a minimum character width of 3/4 ", 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 City Planner, 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 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. 18. The parking area, including handicapped spaces, shall be paved, and re- striped periodically to City standards to the satisfaction of the Planning Division. In accordance with 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. 19. All landscape planters onsite shall be rehabilitated and maintained at all times. 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 time shall be limited to sixty -five (65) students and ten (10) employees. 22. No vehicles associated with the tutoring center shall be stored onsite. 23. 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. 24. Two (2) parking stalls shall be posted with 15 minute parking limit signs and marked reserved for ATC use only. (Revised by Planning Commission on March 3, 2014) 25. All driveway entrances and exits shall remain open and unobstructed at all times. 26. The vehicles of parents' and guardians' shall not be permitted to idle in drive aisles at any time. 27. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings.