PC - Item 3A - Conditional Use Permit 20-01 - 3303 Del Mar Avenue, Unit BROSEMEAD PLANNING COMMISSION
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: MARCH 2, 2020
SUBJECT: CONDITIONAL USE PERMIT 20-01
3303 DEL MAR AVENUE, UNIT B
SUMMARY
CAN Education International has submitted a Conditional Use Permit application,
requesting approval for a new afterschool tutoring center located at 3303 Del Mar
Avenue, Unit B (APN: 5286-030-034), in the C-3 (Medium Commercial) zone. Per
Rosemead Municipal Code Table 17.16.020.1, the approval of a Conditional Use Permit
is required for all tutoring services (large).
ENVIRONMENTAL DETERMINATION
Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts
projects consisting of activities limited entirely to inspections, to check for the
performance of an operation, or the quality, health, or safety of a project, including
related activities such as inspection for possible mislabeling, misrepresentation, or
adulteration of products. Accordingly, Conditional Use Permit 20-01 is classified as a
Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines.
STAFF RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution No. 20-02 with
findings (Exhibit "A"), and APPROVE Conditional Use Permit 20-01, subject to the 22
conditions outlined in Attachment "A" attached hereto.
PROPERTY HISTORY & DESCRIPTION
The subject site is located on the west side of Del Mar Avenue, between Hershey Street
and Dorothy Street. According to the Los Angeles County Assessor's records, the site
is approximately 9,214 square feet. According to the Building and Safety Division
records, the property is currently developed with a two-story commercial building,
totaling 3,745 square feet (1,092 square feet on first floor and 2,653 square feet on
second floor).
Planning Commission Meeting
March 2, 2020
Page 2 of 16
East Elevation (Existing)
Site & Surrounding Land Uses
The site is designated in the General Plan for Commercial and on the zoning map it is
designated for C-3 (Medium Commercial). The site is surrounded by the following land
uses:
North
General Plan: Commercial
Zoning: C-3 (Medium Commercial)
Land Use: Residential
South:
General Plan: Commercial
Zoning: C-3 (Medium Commercial)
Land Use: Residential
East:
General Plan: Commercial
Zoning: C-3 (Medium Commercial)
Land Use: Commercial
West:
General Plan: Medium Density Residential
Zoning: R-2 (Light Multiple Residential)
Land Use: Residential
DISCUSSION
Afterschool Center Operations
The applicant is proposing to operate CAN Education International at the subject
location in Unit B. The afterschool tutoring center will provide homework assistance, as
Planning Commission Meeting
March 2, 2020
Page 3 of 16
well as, offer supplemental courses such as Chinese classes, supplemental English and
Math work packets, and music and art instruction. The largest session at one time will
consist of three (3) classes of seven (7) students and three (3) instructors. The hours of
operation would be from 3:00 p.m. to 6:30 p.m., Monday through Friday and from 9:00
a.m. to 12:00 p.m. on Saturday.
CAN Education International has approximately 9 years of experience in providing
afterschool tutoring services with an existing location in West Covina and has proposed
to open a second location in Rosemead.
Floor Plan
CAN Education International is proposing to occupy the tenant space on the second
floor of the building, which totals 2,653 square feet of floor area. The floor plan includes
a reception area, two (2) lecture classrooms, three (3) music instruction rooms, an art
instruction room, a play room, an office, a copy room, two storage rooms, and three (3)
restrooms.
Through the discretionary permit review process, the Building Official has commented
that the wall dividing the office and art instruction room does not meet egress
requirements. Furthermore, the restroom adjacent to the office would need to comply
with accessibility requirements. As a condition of approval, a tenant improvement plan
shall be submitted to the Building and Safety Division to correct these safety issues.
Restroom, Office, and Art Instruction Room to Comply with Egress and Accessibility Requirements
Planning Commission Meeting
March 2, 2020
Page 4 of 16
Parking and Circulation
The proposed number of instructors and students is limited by the available parking
onsite. According to the site plan, there are 18 parking spaces available. Of the 18
spaces, 4 spaces are required on the first floor and 14 parking spaces are available for
the second floor.
Table 17.112.040.1 of the Rosemead Municipal Code (RMC) requires that land uses
involving trade school, business college, or tutoring facility to provide one (1) space per
two (2) students plus one (1) per employee the school on the largest shift. Based on
these requirements, a total of 14 parking spaces are required for the operation of this
afterschool tutoring center.
The existing development was calculated using the City's commercial parking
requirement of one (1) space per 250 square feet of floor area. The existing
development requires a total of 15 parking spaces, however, was developed with 18
parking spaces. The proposed use would not require additional parking than what was
originally planned for in the development as the development provides a surplus of
three (3) parking stalls. The following table provides a comparison of the two parking
requirements.
COMPARISON OF PARKING REQUIREMENTS
Existing:
Land Use
Unit
City's Parking
Requirement
Square
Footage
Number of Employees
and Students
Number of Parking
Spaces Required
Retail/Office
A
-square
1 space per 250
feet of
floor area
1,092 SF
N/A
4
B
2,651 SF 1
11 1
Total Number of Parking Spaces Required
is I
Proposed:
Land Use
Unit
City's Parking
Square
Number of Employees
Number of Parking
Requirement
Footage
and Students
Spaces Required
1 space per 250
Retail/Office
A
square feet of
1,092 SF
N/A
4
floor area
1 parking space
Education
B
per employee
21653 SF
21 students and 3
14
Facility
and 1 space for
employees
each 2 students
Total Number of Parking Spaces Required
18
Planning Commission Meeting
March 2, 2020
Page 5 of 16
Student Pick-up and Drop-off
Staff has incorporated conditions of approval to ensure that proper student pick-up and
drop-off procedures are established. Students will be required to be escorted in and
out of the facility by their parent or guardian to ensure their safety. A condition of
approval also requires parents to leave the premises after drop-off. In addition, parents
and guardians shall not be permitted to wait inside of their vehicles in the parking lot
drive aisles at any time, nor shall any parent or guardian park their vehicle and wait for
their children in the tutoring center's reception area, so that onsite circulation is not
impacted.
Staffs Inspection
Staff conducted an inspection on February 6, 2020, which revealed that the existing
trash enclosure is nonconforming to Rosemead Municipal Code (RMC) Section
17.32.050(B) in that trash enclosures must be constructed with reinforced masonry
block walls not less than six (6) feet in height and shall be equipped with self-closing,
solid doors, and a solid roof. The existing trash enclosure does not have a solid roof and
self-closing doors. In addition, staff's inspection revealed that the parking lot requires
maintenance. Conditions of approval have been incorporated to ensure the trash
enclosure will be updated to conform with the Rosemead Municipal Code and that all
designated parking stalls and pedestrian walkways will be restriped.
Staff conducted a follow-up inspection on February 13, 2020, which revealed that the
afterschool center was operating without City approvals, permits, or a business license.
Staff informed the applicant and the property owner's representative that the business
must cease operations immediately. The applicant has since submitted a business
license application, pending the approval of the Conditional Use Permit by the Planning
Commission.
On February 25, 2020, staff conducted an additional site inspection, which revealed that
the tutoring center is still in operation without City approvals. The business owner was
again informed that the business must cease operations and await further direction from
the Planning Division to commence business operations.
MUNICIPAL CODE REQUIREMENTS
Per Rosemead Municipal Code, Section 17.132.010, the purpose of a Conditional Use
Permit is to provide for uses that have a potential for adverse impacts on surrounding
properties, residents, or businesses. Therefore, when such uses are approved,
conditions are placed on their establishment and operation to mitigate or eliminate such
impacts to insure they are not detrimental to surrounding property.
Per Rosemead Municipal Code, Section 17.132.040, a Conditional Use Permit may be
issued only after a public hearing before the Planning Commission. The Planning
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March 2, 2020
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Commission shall also find that the establishment, maintenance, or operation of the use
so applied for will not, under the circumstances of the particular case, be detrimental to
the health, safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood thereof, not be detrimental or injurious to the property and
improvements in the neighborhood or to the general welfare of the City. All of the
following findings shall be made by the Planning Commission in conjunction with the
approval of a Conditional Use Permit:
A. Approval of the application will not be 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.
The proposed afterschool tutoring center will not be 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 as conditions of
approval have been incorporated. To prevent any unforeseeable impacts to the
available parking within commercial center, a condition of approval sets limits on
the maximum number of students and instructors permitted onsite during each
instructional period. Furthermore, the applicant proposes a student drop-off and
pick-up plan that requires parents and guardians to escort students from their
parked car to the tutoring center. A condition of approval will prohibit parents
from waiting inside of their vehicles in the parking lot drive aisles and prohibit
them from waiting for their children inside the reception area while their cars are
parked, so that onsite circulation is not impacted.
B. The use is consistent with the General Plan.
The General Plan Land Use Designation of the subject site is Commercial. The
proposed afterschool tutoring center is located on a lot designated as
Commercial, The Land Use Element and Plan maintains, enhances, and
invigorates commercial development by concentrating commercial businesses in
established commercial districts. Accordingly, the afterschool tutoring center is a
commercial use.
C. The use is consistent with the provisions of this Zoning Code.
Per Table 17.16.020.1 of the Rosemead Municipal Code, a Conditional Use
Permit is required to establish an afterschool tutoring center (large) within the C-3
(Medium Commercial) zone. As conditioned, the proposed afterschool tutoring
center will be operated consistent with the 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.
Section 15309 of the California Environmental Quality Act exempts projects
consisting of activities limited entirely to inspections, to check for the
Planning Commission Meeting
March 2, 2020
Page 7 of 16
performance of an operation, or the quality, health, or safety of a project,
including related activities such as inspection for possible mislabeling,
misrepresentation, or adulteration of products. Accordingly, Conditional Use
Permit 20-01 is classified as a Class 9 Categorical Exemption pursuant to
Section 15309 of CEQA 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.
The applicant is not proposing any interior or exterior improvements to the
building. The existing building is consistent with the goals and objectives of the
applicable standards and Design Guidelines in the overlying district.
Public Notice Process
This item has been noticed through the regular agenda notification process, which
includes a 300 -foot radius public hearing notice to sixty-one (61) property owners,
publication in the Rosemead Reader on February 20, 2020, and postings of the notice
at the six (6) public locations and on the subject site.
Prepared by: Reviewed by:
Kinson Wong Lily T. Valenzuela
Assistant Planner Planning and Economic Development Manager
Submitted by,
4�
Angelica Frausto.-Lupo
Director of Community Development
A. Planning Commission Resolution 20-02
B. Site Plan and Floor Plan
C. CAN Educational Center Program Flyer
D. Assessor Parcel Map (APN: 5286-030-034)
Planning Commission Meeting
March 2, 2020
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ANINNIN19-11
PC RESOLUTION 20-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 20-01, TO OPERATE CAN
EDUCATION INTERNATIONAL (LARGE TUTORING CENTER),
LOCATED AT 3303 DEL MAR AVENUE, UNIT B, IN THE C-3 (MEDIUM
COMMERCIAL) ZONE (APN:5286-030-034).
WHEREAS, on January 15, 2020, Yan Xiong of CAN Education International
filed a Conditional Use Permit application, requesting to operate an afterschool tutoring
center at 3303 Del Mar Avenue, Unit B; and
WHEREAS, 3303 Del Mar Avenue, Unit B, is located in the C-3 (Medium
Commercial) zone; and
WHEREAS, Table 17.16.020.1 of the Rosemead Municipal Code permits the
establishment of a tutoring service (large) within the C-3 (Medium Commercial) zone
upon the granting of a Conditional Use Permit; and
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Sections 17.132.040 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve, or disapprove a conditional use permit
application; and
WHEREAS, on February 20, 2020, sixty-one (61) notices were sent to property
owners within a 300 -foot radius from the subject property, in addition to notices 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 20-01, and
on February 20, 2020, the notice was published in the Rosemead Reader; and
WHEREAS, on March 2, 2020, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 20-01; 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:
Planning Commission Meeting
March 2, 2020
Page 9 of 16
SECTION 1. The Planning Commission HEREBY DETERMINES that
Conditional Use Permit 20-01 is Categorically Exempt under Class 9 of Section 15309
of the California Environmental Quality Act (CEQA) guidelines which exempts projects
that consist of inspections to check for the performance of an operation, or the quality,
health, and safety of a project from environmental review.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 20-01 according to the
criteria of Section 17.132.040 of the Rosemead Municipal Code as follows:
A. Approval of the application will not be 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 proposed afterschool tutoring center will not be 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 as conditions of approval
have been incorporated. To prevent any unforeseeable impacts to the available parking
within commercial center, a condition of approval sets limits on the maximum number of
students and instructors permitted onsite during each instructional period. Furthermore,
the applicant proposes a student drop-off and pick-up plan that requires parents and
guardians to escort students from their parked car to the tutoring center. A condition of
approval will prohibit parents from waiting inside of their vehicles in the parking lot drive
aisles and prohibit them from waiting for their children inside the reception area while
their cars are parked, so that onsite circulation is not impacted.
B. The use is consistent with the General Plan.
FINDING: The General Plan Land Use Designation of the subject site is
Commercial. The proposed afterschool tutoring center is located on a lot designated as
Commercial. The Land Use Element and Plan maintains, enhances, and invigorates
commercial development by concentrating commercial businesses in established
commercial districts. Accordingly, the afterschool tutoring center is a commercial use.
C. The use is consistent with the provisions of this Zoning Code.
FINDING: Per Table 17.16.020.1 of the Rosemead Municipal Code, a
Conditional Use Permit is required to establish an afterschool tutoring center (large)
within the C-3 (Medium Commercial) zone. As conditioned, the proposed afterschool
tutoring center will be operated consistent with the 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.
Planning Commission Meeting
March 2, 2020
Page 10 of 16
FINDING: Section 15309 of the California Environmental Quality Act exempts
projects consisting of activities limited entirely to inspections, to check for the
performance of an operation, or the quality, health, or safety of a project, including
related activities such as inspection for possible mislabeling, misrepresentation, or
adulteration of products. Accordingly Conditional Use Permit 20-01 is classified as a
Class 9 Categorical Exemption pursuant to Section 15309 of CEQA 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 applicant is not proposing any interior or exterior improvements to
the building. The existing building is consistent with the goals and objectives of the
applicable standards and Design Guidelines in the overlying district.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 20-01 for the establishment of an afterschool tutoring center, located at 3303 Del
Mar Avenue, Unit B, 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 March 2, 2020, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
SECTION 6. The Secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 2nd day of March, 2020
Nancy Eng, Chair
Planning Commission Meeting
March 2, 2020
Page 11 of 16
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 2nd day of
March, 2020, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Angelica Frausto-Lupo, Secretary
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
March 2, 2020
Page 12 of 16
ATTACHMENT "Ayl
CONDITIONAL USE PERMIT 20-01
3303 DEL MAR AVENUE, UNIT B
(APN: 5286-030-034)
CONDITIONS OF APPROVAL
March 2, 2020
Standard Conditions of Approval
1 Conditional Use Permit 20-01 ("Project") is approved for the establishment of
CAN Education International (large tutoring center), in accordance with the plans
marked Exhibit "B", dated February 19, 2020. 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 applicants 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 of Project.
6. Project is approved for a period of one (1) year. The applicant 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.
Planning Commission Meeting
March 2, 2020
Page 13 of 16
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 applicants 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 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. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Project Specific Conditions of Approval
12. All applicable business license requirements shall be complied with at all times.
13. All exterior signage shall be subject to the requirements of the Rosemead
Municipal Code and the review and approval of the Planning Division prior to
installation. Window signs shall cover no more than fifteen (15) percent of any
window. All banners and temporary signs shall be permitted by the Rosemead
Planning Division prior to installation.
14. All egress and accessibility requirements shall be in compliance with the Building
and Safety Division, Tenant improvement plans shall be submitted to the Building
and Safety Division for review and approval.
15. Prior to the issuance of building permits, the Los Angeles County Fire
Department, Fire Prevention Engineering Section Building Plan Check shall
review and approve the tenant improvement plans. In addition, a Fire Flow
Availability Form (Form 196) shall be submitted to the Fire Department with the
plans.
Planning Commission Meeting
March 2, 2020
Page 14 of 16
16. All designated parking stalls and pedestrian walkways shall be restriped.
17. The trash enclosure shall comply with the Rosemead Municipal Code and shall
be improved to consist of a solid roof and solid, self-closing doors,
18. Lighting on the subject site shall be maintained in excellent condition during the
hours of operation, to the satisfaction of the Planning Division and Public Safety
Department.
19. The hours of operation for instructional services shall be limited to 3:00 p.m. to
6:30 p.m., Monday through Friday and from 9:00 a.m. to 12:00 p.m. on Saturday.
The hours of operation shall be posted on the front window or door.
20. The maximum number of students and employees present during any given
study session shall be limited to 21 students and three (3) instructors. The
applicant shall provide a five-minute transition period between classes to allow
for passage of students into and out of the site.
21. No vehicles associated with the afterschool tutoring center shall be stored onsite
22. The proposed afterschool tutoring center shall require all parents and guardians
to escort their children from their parked car into the center. Parents and
guardians shall not wait inside of their vehicles in the parking lot drive aisles at
any time, nor shall any parent or guardian wait for their children in the tutoring
center's reception area while their vehicle is parked. All driveway entrances and
exits shall remain open and unobstructed at all times.
Planning Commission Meeting
March 2, 2020
Page 15 of 16
EXHIBIT "C"
CAN EDUCATION INTERNATIONAL CORP.
Fall After School Tutoring Program
9:OOAM-12:OOPM
Saturday Chinese, WANIBE After School Program Tr7t;/Week
knee ark �lssi,Ft„rn.e , •},Chinese
fit} $%'vT f t� T hl i i F /-4 ITL n ill `Y
Arithmetic Class Algebra/ Geo-letry / tler,entary Math /• F -PEE California
Inten-,ediate Math Stanclarcl Test
L' IV in
, V, IT ill 'A hu i+1 #" 49
± brei TIME W—,ROTI Monday to Friday
3:OOPM - 4:OOPM VW&MN Homework Assistance
4:OOPM - 5:OOPM gP3�Xp Chinese Class
5:OOPM - 6:OOPM liQN 3ZKAV English and Math
Saturday Chinese Class 9:00f1N1-12: 00PIn .$600/year for 36 sessioAs
0 Z e=RhA ort If 'r�i 2 99FP ' Teachers with decrees fror, F�resticjious universities
i-ree Diagnostic Test T'S k4.Asx and with exceptional teaching experience
SPEECH & D DA i t "$obi1:110Wo
Use critical -tl-)i1king and public speaking skills to be a future leader!
$' k7e h -t n0 id]
�eiTr I€1'tMath Class
• '�i�:�i`v$7Ah3yK'� '1•if!$q�k�� =n#��. �t5h�r�h 1�'. e�'$xe��'i,�
L',Q JA S15/hour
Ilfcyli = h�Rf �7 flf ti' �#,' a rpX J h IY� !!
MAIL W WMil 0, 11'€4—A* c CPA acterschool
Qh:IJA- -S75/week
English Class
�.: ,'T$75/hour
IMSM (626)423-9711
Eao
trail: 58435577@QQ.COM
3303 Del Har Ave., Posel-,eacl, CA) ci 7 `7x10
Planning Commission Meeting
March 2, 2020
Page 16 of 16
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