PC - Minutes - 03-02-20 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
STAFF PRESENT: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
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).
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. He stated staff would like to modify the resolution and add CEQA Class 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 resolution to add an additional CEQA exemption.
City Attorney Thuyen explained that he suggested this modification because this exemption does apply to this use. He added
this item is for a conditional use permit,involving an operation of an existing facility without making any changes to the structure,
so this would further justify the CEQA exemption.
Chair Eng commented that the CEQA modification is to clarify the conditional use permit as an existing structure. She asked
the Planning Commission if there were any questions for staff.
Commissioner Vuong asked if any penalties were rendered 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 is if the applicant continues to operate without meeting the conditions approved.
Assistant Planner Wong replied if the applicant continues operating without meeting the conditions of approval,it will be referred
to Code Enforcement Division.
Commissioner Tang asked if the Rosemead Municipal Code references if there is a limit on the number of students allowed to
register or participate in the tutoring center or how it's determined.
Assistant Planner Wong replied the municipal code does determine it by the number of students and available parking, and in
this case, there is a total of twenty-one students. He explained a conditional use permit is required for any school or tutoring
center that has more than five students.
Commissioner Tang asked how twenty-one students were calculated.
Assistant Planner Wong replied the applicant informed staff that twenty-one students would be attending.
Commissioner Tang questioned if they wanted fifty students and the parking requirement was met, would they be able to
accommodate fifty students in 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,then it could only be twenty students per class.
Assistant Planner Wong replied yes.
Chair Eng asked how long the applicant has been operating at this site.
Assistant Planner Wong replied it has been a few months and it was brought to staffs attention by Code Enforcement that the
tutoring center was operating without a business license.
Chair Eng asked how Code Enforcement got involved and if a neighbor had submitted a complaint.
Assistant Planner Wong replied that Code Enforcement had been doing a check in 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 are because the hours of operation
are from 3:00-6:00 pm.
Assistant Planner Wong replied this question can be deferred 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 Commission for
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 accommodate twenty-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 for clarification the applicant can have twenty-one students max, and three instructors, but if they
are one-hour long classes, they can have another twenty-one students in at another time, etc., as long as at one given time
there is twenty-one students. He asked if that was correct.
Planning & Economic Development Manager Valenzuela replied that is correct, so the maximum for one session of 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 one hour 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 individually or by groups.
Applicant Xiong, replied it is individual instruction.
Chair Eng stated there is a piano and vocal room 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 have been 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.
Chair Eng explained that the conditional use permit probably expired and asked staff what the expiration time frame is.
Planning&Economic Development Manager Valenzuela explained the music school was a different type of use and that is why
the tutoring service requires a conditional use permit.
Applicant Xiong stated they understand now that a conditional use permit is necessary and 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 read Condition 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 to address.
Assistant Planner Wong replied during day-light savings time there is a potential 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 orderforthe conditional 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 any further questions or comments.
Commissioner Vuong asked when a new business comes into the city and applies for a business license, and staff provides
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 further debate, 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.
4. CONSENT CALENDAR
A. PC MINUTES 2-3-20
Vice-Chair Lopez made a motion,seconded by Commissioner Vuong,to approve PC Minutes 2-3-20 as 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 are no announcements, a month has 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 no matters 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 //47)
Chair
A .ST:
4 / dre(
Rachel Lockwood
Commission Secretary