PC - 2017-14 - Approving conditional use permit 17-06, permitting the establishment of a satellite campus for the Rosemead Beauty School (trade school use) at 3505 Hart Avenue, Suite 124, in a medium commerical with design overlay zone PC RESOLUTION 17-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 17-06, PERMITTING THE
ESTABLISHMENT OF A SATELLITE CAMPUS FOR THE ROSEMEAD
BEAUTY SCHOOL (TRADE SCHOOL USE) AT 3505 HART AVENUE,
SUITE 124 (APN: 8594-023-046), IN A MEDIUM COMMERCIAL WITH
DESIGN OVERLAY (C-3/D-O) ZONE
WHEREAS, on May 16, 2017, Kenneth Yong submitted a Conditional Use Permit
application, a request to establish a satellite campus for the Rosemead Beauty School
(trade school use) at 3505 Hart Avenue, Suite 124;
WHEREAS, 3505 Hart Avenue, Suite 124 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, 84 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 17-06;
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 17-06; 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:
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SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional
Use Permit 17-06 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 17-06, 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 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 17-06 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301
of California Environmental Quality Act guidelines.
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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 17-06, permitting the establishment of a satellite campus for the Rosemead Beauty
School (trade school use) at 3505 Hart Avenue, Suite 124, 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: ENG, HERERRA, LOPEZ, TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
RECUSE: 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 17th day of July, 017.
Cean Dang, Chair
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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: ENG, HERERRA, LOPEZ, TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
RECUSE: DANG
Lify TValenzuela, Secretary
APPROVED S TO FORM:
� i
Kane Thuyen, Planning Co fission Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PC RESOLUTION 17-14)
CONDITIONAL USE PERMIT 17-06
3505 HART AVENUE, SUITE 124
(APN: 8594-023-046)
CONDITIONS OF APPROVAL
JULY 17, 2017
Standard Conditions of Approvals
1. Conditional Use Permit 17-06 ("Project") is approved for the establishment of a
satellite campus for the Rosemead Beauty School (trade school use) at 3505 Hart
Avenue, Suite 124, in accordance with the plans marked Exhibit "B", dated June
22, 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.
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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.
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Project Specific Conditions of Approval
17. Hours of operation shall be limited from 8:30 a.m. to 5:00 p.m., daily.
18. A maximum of 50 students and 4 employees may occupy the satellite campus for
the Rosemead Beauty School (trade school use) at any given time.
19. Adequate lighting shall be maintained inside the satellite campus for the
Rosemead Beauty School and in the parking areas.
20. The operation of the satellite campus for the Rosemead Beauty School (trade
school use) shall be solely for the purpose of providing instruction and training,
and may not be open for the provisions of any services to the general public.
(MODIFIED BY THE PLANNING COMMISSION ON JULY 17, 2016)
21. The operators of the satellite campus for the Rosemead Beauty School (trade
school use) 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.
Building and Safety Conditions of Approval
22. Prior to occupancy, the applicant shall submit a commercial tenant improvement
plan with plumbing and mechanical details to the Building and Safety Division.
23. A field inspection shall be conducted to verify the current layout of the unit.
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