PC - 2020-02 - Approving Conditional Use Permit 20-01 located at 3303 Del Mar Ave, Unit B, in the C-3 zone 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:
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,
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and safety of a project from environmental review. The project also consists 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 and is classified as a Class 1 Categorical Exemption,
pursuant to Section 15301 of the California Environmental Quality Act.
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.
FINDING: Section 15309 of the California Environmental Quality Act exempts
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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. The project also consists 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 and is classified as a Class 1 Categorical Exemption,
pursuant to Section 15301 of the California Environmental Quality Act.
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:
AYES: BERRY, ENG, LOPEZ, TANG, AND VUONG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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
�\ -sem
Nancy E a 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 2nd day of March,
2020, by the following vote:
AYES: BERRY, ENG, LOPEZ, TANG, AND VUONG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Lli.I,_.__Li,l X1.1/+
Ang A ca Frau to-Lupo, Secr'°tary
APPROV ! : TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
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.
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,
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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.
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.
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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.
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