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PC - 2019-03 - Approving Conditional Use Permit 18-04 at 3505 Hart Avenue PC RESOLUTION 19-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF .LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 18-04, PERMITTING THE ESTABLISHMENT OFA TRADE SCHOOL USE (MASSAGE THERAPY SCHOOL) AT 3505 HART AVENUE, SUITE 116 (APIA: 8594-023-046), IN A MEDIUM COMMERCIAL WITH DESIGN OVERLAY (C-31D-O) ZONE WHEREAS, on October 25, 2018, Gene Jiang submitted a Conditional Use Permit application,.a request to establish a trade school use (massage therapy school) at 3505 Hart Avenue, Suite 116; WHEREAS, 3505 Hart Avenue, Suite 116 is locatedin 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 January 24,2019, 81 notices were sent to propertyowners 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 18-04;,. WHEREAS, on February 4, 2019, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 18-04; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to makethe 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 18-04 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 existingpublic 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 18-04, 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. Conditions of approval will add protection for the public health, safety, and general welfare: As such, the project will not create any y 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 inconsistent 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 thetime of the lead agency's determination. Accordingly, Conditional Use Permit 18-04 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 includeany new development.The scope of work is limited to only interior tenant improvements. SECTION 3 The Planning Commission HEREBY APPROVES Conditional Use Permit 18-04, permitting the establishment of a trade school use (massage therapy school),at 3505 hart avenue, suite 116, 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 February 4, 2019,by the following vote: AYES: ENG, LOPEZ, AND TANG NOES: NONE ABSTAIN: NONE ABSENT: HERRERA 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 4th day of February, 2019. sr John Tan( , Cha' CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead atits regular meeting, heldon the 4th day of February, 2019, bythe following vote:' AYES: ENG, LOPEZ, AND"TANG NOES: NONE ABSTAIN: NONE ABSENT`. HERRERA ) Ben Kim,eageretary APPR'• s AS Tei - o Kane - 'yen, Planning Commission Attorney. Burke, Williams & Sorensen, LLP ATTACHMENT "A" (PC RESOLUTION.19-03) CONDITIONAL USE PERMIT 18-04 3505.HART AVENUE, SUITE 116 (APN; 8594-023-046) CONDITIONS OF APPROVAL FEBRUARY 4, 2019 Standard Conditions of Approvals 1. Conditional Use Permit 18-04 ("Project") is approved for the establishment of a trade school use (massage therapy school) at 3505 Hart Avenue, Suite 116, in accordance with the plans marked Exhibit "B", dated January 17, 2019. 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 forthin the letter of approval and this list ofconditions 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- pp .. . Project. day appeal period ioof 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 .shallbe defined as beginning the permitting process with the Planning and Building Divisions, so long as the projectis 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 additionto, 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. Th e 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, includingthe 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 andall 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 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, withoutprior approval by the City. The applicant shall abide by the noise control sections of the Rosemead Municipal Code. 13: The Building Division, Planning Division, and Engineering Division shall have accessto the project site at any time during construction to monitor progress.. 14. All requirements of the Building. and Safety Division, Planning Division, and Engineering Division shall be complied with `prior to the finalapproval of the proposed construction. 15. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Project Specific Conditions of.Approval 16. The operator of the trade school use (massage therapy school) must obtain approval to operate from the Bureau for Private Postsecondary Education and the California Massage Therapy Council and must thereafter maintain valid approvals. from the Bureau for Private Postsecondary Education and the California Massage. Therapy Council. : . _ . 17. The operator of the trade school use (massage therapy school) must obtain a business license prior to commencing operation orproviding any massage therapy instruction and must thereafter maintain a valid business license. 18. Administration hours of operation shall be limited from 8:30 a.m. to 5:30 p.m., Monday-Friday and class instruction hours of operation shall be limited from 9:00 a.m. to 5:00 p.m., 7 days a week. 19. A maximum of 20 students and 5 employees may occupy the satellite campus for the trade school use (massage therapy school) at any given time.• 20. The operation of the trade school use (massage therapy school) shall be solely for the purpose of providing instruction,and training. No payment shallbe accepted by the..school or its students for massage therapy services: No massage.therapy services shall be advertised or offered to customers..There shall no customers for massage therapy services on site. 21. The operators of the trade school use (massage therapy school) shall allow access. to.all areas and uses of the commercial unit 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; County.of Los Angeles Fire Department Conditions of Approval 23: : Tenant Improvement and/or Change of Use shall be submitted to. the County of Los Angeles Fire Department Fire Prevention Engineering Section Building Plan Check.Unit for review and approval.