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PC - 2017-21 - Approving Conditional Use Permit 17-07 For the Operation of a Massage Establishment. The Subject Site is Located at 3927 Walnut Grove Avenue, Units 121 & 122 (APN:5371-011-016), In a medium Commericial With A Design Overlay (C-3/D-O) Zone. PC RESOLUTION 17-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 17-07 FOR THE OPERATION OF A MASSAGE ESTABLISHMENT. THE SUBJECT SITE IS LOCATED AT 3927 WALNUT GROVE AVENUE, UNITS 121 & 122 (APN: 5371-011- 016), IN A MEDIUM COMMERCIAL WITH A DESIGN OVERLAY (C-3/D- 0) ZONE. WHEREAS, on July 27, 2017, Cindy Xinfen Wang submitted a Conditional Use Permit application, requesting to operate a massage establishment at 3927 Walnut Grove Avenue, Units 121 & 122; WHEREAS, 3927 Walnut Grove Avenue, Units 121 & 122 is located in a Medium Commercial with a Design Overlay (C-31D-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 17.120.110 of the Rosemead Municipal Code authorize the Planning Commission to approve changes to development or new use authorized through a permit granted in compliance with the zoning code; WHEREAS, on November 8, 2017, sixty (60) 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 17-07; WHEREAS, on November 20, 2017, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 17-07; 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 17-07 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301. Section 15301 of the California Environmental Quality Act (CEQA) 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 17-07 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA guidelines. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 17-07, 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. The security plan deemed acceptable by the 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 17-07 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 signage pursuant to the City's signage ordinance. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 17-07, permitting the operation of a massage establishment at 3927 Walnut Grove Avenue, Units 121 & 122, 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 November 20, 2017, by the following vote: AYES: DANG, HERRERA, LOPEZ, AND TANG NOES: NONE ABSTAIN: NONE ABSENT: ENG SECTION 6. The Secretary shall certify to the adoption of t s resolution and shall transmit copies of same to the applicant and the Rosemead City r lerk. PASSED, APPROVED, and ADOPTED this 20th day of .vem , 2017. e. 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 20th day of November, 2017, by the following vote: AYES: DANG, HERRERA, LOPEZ, AND TANG NOES: NONE ABSTAIN: NONE ABSENT: ENG -".Aen Kim, retary APPROVED AS TO M: _ Kan yen, Planning Commission Attorney Burke, Williams & Sorensen, LLP ATTACHMENT "A" (PC RESOLUTION 17-21) CONDITIONAL USE PERMIT 17-07 3927 WALNUT GROVE AVENUE, UNITS 121 & 122 (APN: 5371-011-016) CONDITIONS OF APPROVAL NOVEMBER 20, 2017 Standard Conditions of Approval 1. Conditional Use Permit 17-07 ("Project") is approved for the operation of a massage establishment at 3927 Walnut Grove Avenue, Units 121 & 122, in accordance with the plans marked Exhibit "B", dated November 6, 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 of approval listed on this exhibit shall be copied directly onto any development plans submitted to the Planning and Building Divisions.The applicant shall ensure that all conditions of approval have been met and are in full force prior to the issuance of a building permit or Certificate of Occupancy as determined by the Director of Community Development. 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 approval is valid for one (1) year from the Planning Commission approval date. The entitlement shall not be deemed exercised until a building permit has been issued and the project has commenced construction ("break ground"), or has commenced permitted use in compliance with the conditions of approval. If said entitlement is not exercised or a time extension has not been granted during this time frame, this approval shall automatically expire without further action by the City. Request for time extension shall be submitted to the Planning Division within 30 calendar days prior to expiration. If Project has been unused, abandoned, or discontinued for a period of one (1) year, this entitlement approval 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 by 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. 17. The site shall be maintained in a graffiti-free state. Any graffiti shall be removed within twenty-four (24) hours. 18. The site shall be maintained in a clean, weed and litter free state. Planning Division 19. The operator of the massage business or establishment, and any massage therapist that desires to work as an employee or independent contractor must obtain a City of Rosemead business license pursuant to Chapter 5.24 of the Rosemead Municipal Code prior to commencing operation or providing any massage therapy and must thereafter maintain a valid business license. 20. No person may engage in conduct, carry on, or perform massage therapy unless such person has a valid and active certificate from the California Massage Therapy Council (CAMTC) created by California Business and Profession Code section 4600. 21. No window signage advertising the massage business or services shall be allowed on the easterly building elevation visible from Walnut Grove Avenue. 22. The two exterior unit doors along Walnut Grove Avenue shall be closed and secured at all times and not accessible to the public. 23. The massage establishment shall abide by all requirements set forth in the Rosemead Municipal Code relating to massage establishments. 24. The massage establishment shall abide by the security plan deemed acceptable by the Chief of Police.