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PC - 2016-10 - Approving Conditional Use Permit, 16-03, Establishing of An Internet Cafe at 3927 Wlanut Grove AvenuePC RESOLUTION 16 -10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 16 -03, PERMITTING THE ESTABLISHMENT OF AN INTERNET CAFE USE AT 3927 WALNUT GROVE AVENUE, UNIT 117 (APN: 5371 - 011 -016), IN A C -3 1113-0 (MEDIUM COMMERCIAL WITH DESIGN OVERLAY) ZONE. WHEREAS, on March 15, 2016, 1 O BEEZ, Inc. submitted a Conditional Use Permit application, a request to establish an internet cafe use at 3927 Walnut Grove Avenue, Unit 117; WHEREAS, 3927 Walnut Grove Avenue is located in a C -3 /D -O (Medium Commercial with Design Overlay) zoning district; WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the criteria for a Conditional Use Permit; WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.132.040 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or deny Conditional Use Permit applications; WHEREAS, on June 9, 2016, forty -one (41) notices were sent to property owners within a 300 -foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were 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 16 -03; WHEREAS, on June 20, 2016, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 16 -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 16 -03 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of the California Environmental Quality Act guidelines. Section 15301 of the California Environmental Quality Act guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 16 -03, in accordance with Section 17.132.040 of the Rosemead Municipal Code as follows: A. Approval of the application will not be or 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 project site is located within an established commercial corridor of the City. Conditions of approval will ensure that the public health, safety, and general welfare would be protected. A security plan, approved by the City of Rosemead Chief of Police, will be implemented to protect the properties and land uses in the vicinity. B. The use is consistent with the General Plan. FINDING: The Land Use Element of the General Plan aims to concentrate commercial and industrial businesses in established commercial, office, and industrial districts. Accordingly, the use will be located within a shopping center within an established commercial corridor. C. The use is consistent with the provisions of this Zoning Code. FINDING: The use is consistent with the applicable 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 15301 of the California Environmental Quality Act guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Accordingly, Conditional Use Permit 16 -03 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of California Environmental Quality Act guidelines. 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 project does not include any new development. The scope of work is limited to only interior tenant improvements. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 16 -03, permitting the establishment of an internet cafe use at 3927 Walnut Grove Avenue, Unit 117, 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 June 20, 2016, by the following vote: AYES: ENG, HERRERA, LOPEZ, and TANG NOES: NONE ABSTAIN: NONE ABSENT: DANG SECTION 6. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicants and the Rosemead City Clerk. PASSED, APPROVED, and ADOPTED this 20 of J , 2F1 6 Daniel Lo ez,, r 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 20th day of June, 2016, by the following vote: AYES: ENG, HERRERA, LOPEZ, and TANG NOES: NONE ABSTAIN: NONE ABSENT: DANG , Michelle Ramirez S cretary APPROVED AST ] FORM: Greg yll. Murphy, Plaffning Commission Attorney Burke, Williams & Sorensen, LLP ATTACHMENT "A" (PC RESOLUTION 16 -10) CONDITIONAL USE PERMIT 16 -03 3927 WALNUT GROVE AVENUE, UNIT 117 (APN: 5371 - 011 -016) CONDITIONS OF APPROVAL JUNE 20, 2016 Standard Conditions of Approvals 1. Conditional Use Permit 16 -03 ( "Project') is approved for the establishment of an internet cafe use at 3927 Walnut Grove Avenue, Unit 117, in accordance with the plans marked Exhibit "B ", dated May 31, 2016. 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 Project shall not take effect for any purpose until the applicant(s) have filed with the City of Rosemead ( "City ") 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 Project. 6. Project is approved for a period of one (1) year. The applicant(s) 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 Project 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. Project 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 Project. 9. The applicant(s) 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 applicant(s) 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. 11. Building permits will not be issued in connection with any project until such time as all plan check fees and all other applicable fees are paid in full. Prior to issuance of building permits, any required school fees shall be paid. The applicant shall provide the City with written verification of compliance from the applicable school districts. 12. 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. 13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or on any federal holiday, without prior approval by the City. The applicant shall abide by the noise control sections of the Rosemead Municipal Code. 14. The Building Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. 15. All requirements of the Building and Safety Division, Planning Division, and Engineering Division shall be complied with prior to the final approval of the proposed construction. 16. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. Project Specific Conditions of Approval 17. Adult- oriented business activities and /or uses are prohibited, unless specifically approved in compliance with the requirements of Rosemead Municipal Code, Chapter 5.08 and Section 17.30.030 (Adult Businesses). 18. Internet site blocking, for the purposes of restricting adult sites, shall be required. 19. The applicant shall provide full -time adult attendants or supervisors, twenty -one (21) years of age or older, at a ratio of at least one attendant/supervisor for each ten (10) machines, plus one security guard for each twenty (20) machines or fraction thereof or as otherwise directed by the Community Development Director. 20. Hours of operation shall be limited from 8:00 a.m. to 12:00 a.m. (midnight), daily 21. A person shall not enter, be, or remain in any part of the Internet Cafe while in the possession of, consuming, using, or under the influence of any alcoholic beverage or drug. a. No licensee or manager shall permit any person in possession of, consuming, using, or under the influence of any alcoholic beverage or drug to enter or remain on the premises. Signs shall be posted stating this condition to the satisfaction of the Community Development Director. 22. Minors shall be accompanied by a parent or legal guardian after 10:00 p.m. and may not enter the facility during those times when any public school within the City is conducting its regular education program. Patrons who appear under the age of twenty -five (25) shall present proper identification to verify their age before using the facility. Notice of these prohibitions shall be posted at the entrance to the satisfaction of the Community Development Director. 23. Adequate lighting shall be maintained inside the business and parking areas. An interior and exterior lighting plan shall be reviewed and approved by the Community Development Director before occupancy permit will be issued. 24. No window(s) and /or glass door(s) shall be obstructed, tinted, or otherwise covered during business hours. (Modified by the Planning Commission on June 20, 2016) 25. Establishments with internet access consisting of twenty -five (25) percent or more of the gross floor area shall provide a waiting area with seating equal to one seat for every four computer stations. a. No waiting list may be maintained beyond the seating capacity of the waiting area. b. No outside waiting (loitering) or seating area shall be allowed and signs shall be posted stating this prohibition to the satisfaction of the Community Development Director, 26. The applicant shall submit and receive an approved plan from the Los Angeles County Fire Department. a. The plan shall address all exiting requirements of the Uniform Building and Fire Codes. b. This includes, but is not limited to, aisle locations and dimensions, equipment location, exiting, and panic hardware. 27. A security plan, approved by the City of Rosemead Chief of Police, shall be implemented and enforced at all times. The City of Rosemead Chief of Police is authorized to modify the approved security plan. (Modified by the Planning Commission on June 20, 2016) 28. To minimize noise issues, all computers shall utilize headphones with no external speakers allowed. 29. All outstanding Code Enforcement violations and fines must be resolved to the satisfaction of the Public Safety Department prior to issuance of an occupancy permit.