PC - Item 4A - Minutes of March 2, 2020
Minutes of the
PLANNING COMMISSION MEETING
March 2, 2020
The regular meeting of the Planning Commission was called to order by Chair Eng at 7:00 pm in the City Hall Council Chambers.
PLEDGE OF ALLEGIANCE –Commissioner Berry
INVOCATION –Commissioner Vuong
ROLL CALL –Commissioners Berry, Tang, Vuong, Vice-Chair Lopez and Chair Eng
STAFFPRESENT:City Attorney Thuyen, Community Development Director Frausto-Lupo, Planning & Economic Development
Manager Valenzuela, Assistant Planner Wong, and Commission Secretary Lockwood.
1.EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS
City Attorney Kane Thuyen presented the procedure and appeal rights of the meeting.
2.PUBLIC COMMENTS FROM THE AUDIENCE
None
3.PUBLIC HEARINGS
A.CONDITIONAL USE PERMIT 20-01 -CAN Education International has submitted a Conditional Use
Permitapplication, 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).
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).
STAFF RECOMMENDATION -It is recommended that the Planning Commission ADOPT Resolution No. 20-02
with findings and APPROVE Conditional Use Permit 20-01, subject to the 22 conditions.
Assistant Planner Wong presented the staff report.Hestated staff would like to modify the resolution and addCEQAClass 1
pursuant to Section 15301,as it pertains to the operation, repair, maintenance, permitting licensing, leasing,or minor alterations
to an existing public or private structure.
Chair Eng asked staff if a condition was going to be modified.
Assistant Planner Wong replied this is to modify the resolutionto addan additionalCEQA exemption.
City Attorney Thuyen explained that he suggested this modification because this exemption does apply to thisuse.He added
this itemis for a conditional use permit, involving an operation of an existingfacility without making any changes to the structure,
so this would further justify the CEQA exemption.
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Chair Eng commented thattheCEQAmodification is to clarifythe conditional use permit asan existing structure.She asked
the Planning Commission if there were any questions for staff.
Commissioner Vuong askedifany penaltieswererendered to the applicant for operating without a conditional use permit.
Assistant Planner Wong replied no penalties were given, but during the inspection, staff advised them to cease operation
immediately.
Commissioner Vuong asked what the outcome isif theapplicant continues tooperate without meeting the conditionsapproved.
Assistant Planner Wong replied if the applicant continues operating without meeting the conditions of approval, it will be referred
to Code Enforcement Division.
Commissioner Tangasked if theRosemeadMunicipal Code referencesif there is a limiton thenumber of students allowed to
register or participate in the tutoring center or how it'sdetermined.
Assistant Planner Wong replied the municipal code does determine it by the number of studentsand available parking,and in
this case, thereis a total of twenty-one students.He explained aconditional use permit is requiredfor any school or tutoring
center that has more than five students.
Commissioner Tang asked how twenty-one students werecalculated.
Assistant Planner Wong replied the applicant informed staff that twenty-one students would be attending.
Commissioner Tang questionedif they wanted fifty studentsandthe parking requirement was met, would they be able to
accommodatefifty studentsin three classrooms.
Assistant Planner Wong replied yes, it would be possible, if they were to have fifty students in three classes,and if they meet
the required parking.
Vice-Chair Lopez asked if there are three classrooms is there a maximum of students for each class.
Assistant Planner Wong replied it would depend on the occupancy load.
Vice-Chair Lopez asked so if the classroom occupancy load is twenty, thenit could only be twenty students perclass.
Assistant Planner Wong replied yes.
Chair Eng asked how long the applicant hasbeen operating at this site.
Assistant Planner Wong replied ithas been a few months and it was brought to staff's attention by Code Enforcement that the
tutoring center was operating without a business license.
Chair Eng asked how Code Enforcementgot involvedand if a neighbor had submitted a complaint.
Assistant Planner Wong replied that Code Enforcement had been doing a checkin this area for business licenses and found
that this facility did not have a business license.
Chair Eng referred to Condition of Approval number 20 and asked how many sessions there arebecause the hours of operation
are from 3:00 -6:00 pm.
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Assistant Planner Wong replied this question can bedeferred to the applicant.
Vice-Chair Lopez referred to Condition of Approval number 20 and asked if the applicant wants more than 21 students, which
is the maximum,will they have to apply for another conditional use permit and come back to the Planning Commissionfor
approval.
Planning & Economic Development Manager Valenzuela replied the applicant would have to come back to the Planning
Commission because that would be intensifying the use.She added for this specific unit,it can only accommodatetwenty-one
students at a time.
Vice-Chair Lopez asked if that is the maximum they can have.
Planning & Economic Development Manager Valenzuela replied yes, because of the parking situation.
Commissioner Berry stated forclarification the applicant can have twenty-one students max, and three instructors, but if they
are one-hourlong classes, they can have another twenty-one students inatanother time, etc., as long as at one given time
thereis twenty-one students.He asked if that was correct.
Planning & Economic Development Manager Valenzuela replied that is correct, so the maximum for one sessionof the three
classes is twenty-one students.
Vice-Chair Lopez stated that the students are not there for the three hours and they can be there for a onehour per session, so
it can give them three sessions per those hours.
Planning & Economic Development Manager Valenzuela commented that is correct.
Chair Eng asked if there were any further questions or comments.
None
Chair Eng opened the Public Hearing and invited the applicant to the podium.
Mingzhu (Mary)Yan and Yan Xiong, owners of the business stated they can answer any questions the Planning Commission
may have.
Chair Eng asked if music instruction is given individuallyor by groups.
Applicant Xiong, replied it is individual instruction.
Chair Eng stated there is a piano and vocalroom and asked if there any other instruments being taught.
Applicant Xiong replied there is also violin.
Chair Eng asked if the violin is also individual lessons.
Applicant Xiong replied yes.
Chair Eng asked how long they havebeen operating at this site.
Applicant Xiong replied they started in October 2019.She explained that they took over the previous music school and they
were unaware that a new conditional use permit would be required.
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Chair Engexplainedthatthe conditional use permit probably expiredand asked staff what theexpirationtime frame is.
Planning & Economic Development Manager Valenzuela explained themusic schoolwas a different type of use and that is why
the tutoring service requiresa conditional use permit.
Applicant Xiong stated they understand nowthat a conditional use permit is necessaryand apologized for not applying sooner.
Chair Eng thanked the applicant and asked the Planning Commission if there were any further questions or comments.
None
Chair Eng closed the Public Hearing.She readCondition of Approval number 18 (Lighting on the subject site) and asked staff
if the facility is operating during the day what is the concern this condition is trying toaddress.
Assistant Planner Wong replied during day-light savings time thereis apotential that the parking lot will need to be well lit.
Commissioner Tang asked if the condition of approval regarding the trash enclosure the responsibility of the property owner or
applicants.
Assistant Planner Wong replied it is the responsibility of the property owner.
Commissioner Tang asked if the property owner would have to get that resolved in order for theconditional use permit to become
effective.
Assistant Planner Wong replied yes.
Planning & Economic Development Manager Valenzuela stated the property owner’s representative is present and they have
agreed to do the trash enclosure and restriping of the parking lot, which has already been done.
Chair Eng thanked staff and asked the Planning Commission if there were anyfurther questions or comments.
Commissioner Vuongasked when a new businesscomes into the cityandapplies for abusiness license, andstaffprovides
them with information, will they inform them on whether or not they will need a conditional use permit.
Assistant Planner Wong replied yes.
Commissioner Tang stated if there is no furtherdebate,he would like to make a motion to approve this item.
Commissioner Tang made a motion, seconded by Vice-Chair Lopez, to ADOPT Resolution No. 20-02 with findings and
APPROVE Conditional Use Permit 20-01, subject to the 22 conditions.
Vote resulted in:
Ayes: Berry, Eng, Lopez, Tang, and Vuong
Noes: None
Abstain: None
Absent: None
Community Development Director Frausto-Lupo stated the motion passes with a vote of 5 Ayes and 0 Noes.She explained
the 10-day appeal process and reminded the applicant to remove the on-site Public Hearing Notice.
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4.CONSENT CALENDAR
A.PC MINUTES 2-3-20
Vice-Chair Lopez made a motion, seconded by Commissioner Vuong, to approve PCMinutes2-3-20as presented.
Vote resulted in:
Ayes: Berry, Eng, Lopez, Tang, and Vuong
Noes: None
Abstain:None
Absent: None
Community Development Director Frausto-Lupo stated the motion passes with a vote of 5 Ayes and 0 Noes.
5.MATTERS FROM STAFF
Community Development Director Frausto-Lupo stated there areno announcements,a monthhas passed,and reported she
is happy to be here.
6.MATTERS FROM THE CHAIR & COMMISSIONERS
Commissioner Berry thanked staff for all their hard work.
Planning Commission had nomatters to present.
7.ADJOURNMENT
Meeting adjourned at 7:20 pm.
The next regular Planning Commission meeting will be held on Monday, March 16, 2020, at 7:00 pm in the
Council Chambers.
___________________________________________
Nancy Eng
Chair
ATTEST:
__________________________________
Rachel Lockwood
Commission Secretary
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