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PC - 2017-13 - Approving conditional use permit 17-04, permitting an increase to the scope of an existing legal nonconforming beauty school (trade school use) at 8531 Valley Boulevard, in a medium commerical design overlay zone PC RESOLUTION 17-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 17-04, PERMITTING AN INCREASE TO THE SCOPE OF AN EXISTING LEGAL NONCONFORMING BEAUTY SCHOOL (TRADE SCHOOL USE) AT 8531 VALLEY BOULEVARD (APN: 5372-020-047), IN A MEDIUM COMMERCIAL WITH DESIGN OVERLAY (C-3/D-O) ZONE WHEREAS, on April 13, 2017, Eva Wu Su submitted a Conditional Use Permit application, a request to increase the scope of an existing legal nonconforming beauty school (trade school use) at 8531 Valley Boulevard; WHEREAS, on June 12, 2017, Kenneth Yong replaced Eva Wu Su as the applicant of the Conditional Use Permit application; WHEREAS, 8531 Valley Boulevard is located in a Medium Commercial with Design Overlay (C-3/D-O) 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 July 6, 2017, 25 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 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 17-04; WHEREAS, on July 17, 2017, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 17-04; 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 17-04 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 17-04, 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. The beauty school has been in operations since 1957. Conditions of approval will add protection for the public health, safety, and general welfare. As such, the project will not create any foreseeable significant negative impacts to the vicinity of the project site. 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 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. The project has satisfied all of the applicable minimum requirements 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 17-04 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 and exterior site improvements. The beauty school has been in operations since 1957. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 17-04, permitting an increase to the scope of an existing legal nonconforming beauty school (trade school use) at 8531 Valley Boulevard, 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 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 July 17, 2017, by the following vote: AYES: DANG, LOPEZ, AND TANG NOES: NONE ABSTAIN: ENG AND HERRERA ABSENT: NONE 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 17'h day of July, . v17. / -d Sean Dang, 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 17'h day of July, 2017, by the following vote: AYES: DANG, LOPEZ, AND TANG NOES: NONE ABSTAIN: ENG AND HERRERA ABSENT: NONE R►) Lily T. Valenzuela, Secretary APPROV D AS TO F' 'M: Kane T uyen, PIP g Commission Attorney Burke, Williams : Sorensen, LLP ATTACHMENT "A" (PC RESOLUTION 17-13) CONDITIONAL USE PERMIT 17-04 8531 VALLEY BOULEVARD (APN: 5372-020-047) CONDITIONS OF APPROVAL JULY 17, 2017 Standard Conditions of Approvals 1. Conditional Use Permit 17-04 ("Project") is approved to increase the scope of an existing legal nonconforming beauty school (trade school use), located at 8531 Valley Boulevard, in accordance with the plans marked Exhibit"B", dated June 21, 2017. 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. Prosect Specific Conditions of Approval 17. Hours of operation shall be limited from 8:30 a.m. to 10:30 p.m., daily. 18. A maximum of 60 students and 11 employees may occupy the trade school at any given time. 19. Adequate lighting shall be maintained inside the trade school and in the parking areas. 20. The operation of the trade school shall be solely for the purpose of providing instruction and training. 21. The operators of the trade school shall allow access to all areas and uses of the trade school to law enforcement and code enforcement personnel at any time deemed necessary by the City for the purpose of inspecting the premise to verify compliance with the conditions of approval, local ordinances, and any other applicable laws. 22. All landscape areas shall be rehabilitated to the satisfaction of the Planning Division. 23. The trash enclosure shall be repainted to match the main building. A solid roof cover, to the satisfaction of the Planning Division, shall be provided for the trash enclosure. The roof shall provide adequate clearance to allow complete access of waste bins. The trash enclosure shall be equipped with self-closing, solid, doors. 24. All unpermitted improvements and structures shall be removed within 30 days of the approval date. 25. The following off-street parking conditions of approval shall apply: a. The parking area shall be repaved or patched to the satisfaction of the Planning Division. b. The parking area shall be striped in accordance with the approved plans. c. Parking spaces may not obstruct pedestrian or vehicular access. d. Drive aisles may not be obstructed and must be kept clear.