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PC - 2015-16 - Approving Conditional Use Permit 15-04, to Operate San Fernando Music School at 3303 Del Mar AvenuePC RESOLUTION 15 -16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 15 -04, TO OPERATE SAN FERNANDO MUSIC SCHOOL, LOCATED AT 3303 DEL MAR AVENUE, UNIT B, IN THE C -3 (MEDIUM COMMERCIAL) ZONE (AIN:5286 -030- 034). WHEREAS, on June 10, 2015, Sandra Dan of San Fernando Music Inc. filed a Conditional Use Permit application, requesting to operate San Fernando Music School at 3303 Del Mar Avenue, Unit B; and WHEREAS, 3303 Del Mar Avenue, Unit B, is located in the C -3 (Medium Commercial) zone; and WHEREAS, Table 17.16.020.1 of the Rosemead Municipal Code permits the establishment of a music and dance school (more than 2,000 square feet) within the C- 3 (Medium Commercial) zone upon the granting of a Conditional Use Permit; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Sections 17.132.040 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or disapprove a conditional use permit application; and WHEREAS, on October 8, 2015, sixty -two (62) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in six (6) public locations and on -site, specifying the availability of the application, and the date, time, and location of the public hearing for Conditional Use Permit 15 -04, and on October 8, 2015, the notice was published in the Rosemead Reader; and WHEREAS, on October 19, 2015, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 15 -04; 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 15 -04 is Categorically Exempt under Class 9 of Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts projects that 1 consist of inspections to check for the performance of an operation, or the quality, health, and safety of a project from environmental review. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 15 -04 according to the criteria of Section 17.132.040 of the Rosemead Municipal Code as follows: A. Approval of the application will not be incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety, and general welfare. FINDING: The proposed music and dance school will not be incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety, and general welfare as conditions of approval have been incorporated. To prevent any unforeseeable impacts to the available parking within commercial center, a condition of approval sets limits on the maximum number of students and instructors permitted onsite during each instructional period. Furthermore, the applicant proposes a student drop -off and pick -up plan that requires parents and guardians to escort students from their parked car to the music and dance school. A condition of approval will prohibit parents from leaving their cars idle in the parking lot drive aisles, so that onsite circulation is not impacted. B. The use is consistent with the General Plan. FINDING: The General Plan Land Use Designation of the subject site is Commercial. The proposed music and dance school is located on a lot designated as Commercial. The Land Use Element and Plan maintains, enhances, and invigorates commercial development by concentrating commercial businesses in established commercial districts. Accordingly, the music and dance school is a commercial use. C. The use is consistent with the provisions of this Zoning Code. FINDING: Per Table 17.16.020.1 of the Rosemead Municipal Code, a Conditional Use Permit is required to establish a music and dance school (more than 2,000 square feet) within the C -3 (Medium Commercial) zone. As conditioned, the proposed music and dance school will be operated in consistent with the provisions of the Zoning Code. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. FINDING: Section 15309 of the California Environmental Quality Act exempts projects that consist of inspections to check for the performance of an operation, or for quality, health, or safety of a project. Accordingly Administrative Use Permit 15 -04 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. 2 E. If development is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. FINDING: The applicant is not proposing any interior or exterior improvements to the building. The existing building is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 15 -04 for the establishment of San Fernando Music School, located at 3303 Del Mar Avenue, Unit B, and subject to the conditions listed in Attachment "A" attached hereto and incorporated herein by reference. SECTION 4. 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 Rosemead Municipal Code Section 17.160.040 —Appeals of Decisions. SECTION 5. This resolution is the result of an action taken by the Planning Commission on October 19, 2015, by the following vote: YES: DANG, ENG, HERRERA, LOPEZ, AND TANG 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 19 day of October, 2015. J hn Ta g, Ch it 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 19 day of October, 2015, by the following vote: YES: DANG, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSENT: NONE ABSTAIN: NONE l� Michelle Ramirez, ecretary APPROVED AS TO FORM: loy Gregory M. Mur y, Planning Commission Attorney Burke, Williams & Sorensen, LLP 0 ATTACHMENT "A" CONDITIONAL USE PERMIT 15 -04 3303 DEL MAR AVENUE, UNIT B (AIN:5286- 030 -034) CONDITIONS OF APPROVAL October 19, 2015 1. Conditional Use Permit 15 -04 is approved for the establishment of San Fernando Music School, in accordance with the plans marked Exhibit "B ", dated June 10, 2015. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. The following conditions must be complied to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions. 4. Approval of Conditional Use Permit 15 -04 shall not take effect for any purpose until the applicants have 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. 5. The on -site public hearing notice posting shall be removed by the end of the 10- day appeal period of Conditional Use Permit 15 -04. 6. Conditional Use Permit 15 -04 is approved for a period of one (1) year. The applicant shall commence the approved project or request an extension within 30 calendar days prior to expiration. The one (1) year 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 and Building 'Divisions, so long as the project is not abandoned. If Conditional Use Permit 15 -04 has been unused, abandoned, or discontinued for a period of one (1) year, it shall become null and void. 7. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications to the project and to these conditions of approval. 8. Conditional Use Permit 15 -04 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and 5 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 15 -04. 9. The applicants 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. 10. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 3/4 inch, 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 /her designee, prior to installation. 11. 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. 12. All applicable business license requirements shall be complied with at all times. 13. 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. Window signs shall cover no more than fifteen (15) percent of any window. All commercial on- premise signs shall identify the type of business in the English language. 14. Lighting on the subject site shall be maintained in excellent condition during the hours of operation, to the satisfaction of the Planning Division and Public Safety Department. 15. The hours of operation for instructional services shall be limited to 5:00 p.m. to 9:00 p.m., Monday through Friday and from 10:00 a.m. to 5:00 p.m. on Saturday. The hours of operation shall be posted on the front window or door. 16. The maximum number of students and employees present during any given study session shall be limited to 21 students and three (3) instructors. The applicant shall provide a five - minute transition period between classes to allow for passage of students into and out of the site. l: 17. No vehicles associated with the music and dance school shall be stored onsite. 18. The proposed music and dance school 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. All driveway entrances and exits shall remain open and unobstructed at all times. 19. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings.