PC - 2021-17 - Approving Conditional Use Permit 21-01 for the operation of a massage services use. The subject site is located at 8526 Valley Boulevard, Unit 107 (APN: 5371-011-017), in a C-3/D-0 Zone.PC RESOLUTION 21-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 21-01 FOR THE OPERATION
OF A MASSAGE SERIVCES USE. THE SUBJECT SITE IS LOCATED AT
8526 VALLEY BOULEVARD, UNIT 107 (APN: 5371-011-017), IN A
MEDIUM COMMERCIAL WITH A DESIGN OVERLAY (C -3/D-0) ZONE.
WHEREAS, on July 20, 2021, Nenzhi Huang submitted a Conditional Use Permit
application, requesting to establish a massage services use at 8526 Valley Boulevard,
Unit 107;
WHEREAS, 8526 Valley Boulevard, Unit 107 is located in a Medium Commercial
with a Design Overlay (C -3/D-0) 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 17.120.110 of the Rosemead Municipal Code authorize the Planning Commission
to approve changes to development or new use authorized through a permit granted in
compliance with the zoning code;
WHEREAS, on October 7, 2021, forty-nine (49) notices were sent to property
owners within a 300 -foot radius from the subject property, the notice was published in the
Rosemead Reader, and notices were 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 21-01;
WHEREAS, on October 18, 2021, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 21-01; 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 21-01 is Categorically Exempt under Class 1 of Section 15301 and Class 9
of Section 15309 of the California Environmental Quality Act (CEQA) guidelines. Class 1
of Section 15301 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 existing or former use. Class 9 of Section 15309 exempts projects that
consist of inspections to check for the performance of an operation, or for quality, health,
or 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 21-01, 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 ensure that the public health, safety, and general
welfare would be protected. As conditioned, the use would not produce any foreseeable
substantial negative impacts to the properties in the vicinity or create conditions materially
detrimental to the public health, safety, and general welfare. Conditions recommended by
the Chief of Police have been included to protect the land uses within the vicinity.
Furthermore, the Chief of Police has no noted concerns associated with the proposed
business and has reviewed and approved a security plan for the proposed business.
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 existing shopping center within an
established commercial corridor.
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 a massage services use within the C-3 (Medium
Commercial) zone. The use is consistent with the applicable provisions of the Zoning
Code. As conditioned, the massage establishment 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: Class 1 of Section 15301 of the California Environmental Quality Act
guidelines exempts projects consisting of the operation, repair, maintenance, permitting,
leasing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of existing or
former use. In addition, Class 9 of Section 15309 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
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mislabeling, misrepresentation, or adulteration of products. Accordingly, Conditional Use
Permit 21-01 is classified as Class 1 and Class 9 Categorical Exemptions pursuant to
Sections 15301 and 15309 of the 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 include any new development. The scope of work
is limited to only interior tenant improvements and exterior signage.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 21-01, permitting the operation of a massage services use at 8526 Valley
Boulevard, Unit 107, .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 October 18, 2021, by the following vote:
AYES: BERRY, LEUNG, LOPEZ, TANG, AND UNG
NOES:
ABSTAIN:
ABSENT:
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 18th day of October,
James,
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hair
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 18th day of
October, 2021, by the following vote:
AYES: BERRY, LEUNG, LOPEZ, TANG, AND UNG
NOES:
ABSTAIN:
ABSENT:
Mark Persico, Secretary
A OVFD AS /F, RM:
ane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PC RESOLUTION 21-17)
CONDITIONAL USE PERMIT 21-01
8526 VALLEY BOULEVARD, UNIT 107
(APN: 5371-011-017)
CONDITIONS OF APPROVAL
OCTOBER 18, 2021
Standard Conditions of Approval
Conditional Use Permit 21-01 ("Project") is approved for the establishment of a
massage services use located at 8526 Valley Boulevard, Unit 107, in accordance
with the plans marked Exhibit "B", dated October 7, 2021. 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 of approval listed on this exhibit shall be copied directly onto any
development plans submitted to the Planning and Building Divisions. The applicant
shall ensure that all conditions of approval have been met and are in full force prior
to the issuance of a building permit or Certificate of Occupancy as determined by
the Director of Community Development.
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 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 period of Project.
6. Project approval is valid for one (1) year from the Planning Commission approval
date. The entitlement shall not be deemed exercised until a building permit has
been issued and the project has commenced construction ("break ground"), or has
commenced permitted use in compliance with the conditions of approval. If said
entitlement is not exercised or a time extension has not been granted during this
time frame, this approval shall automatically expire without further action by the
City. Request for time extension shall be submitted to the Planning Division within
30 calendar days prior to expiration. If Project has been unused, abandoned, or
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discontinued for a period of one (1) year, this entitlement approval 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 by 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 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, including the 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 and all 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 numbers of the address signs shall be at least six (6) inches tall with a
minimum character width of 3/4 inch, contrasting in color and easily visible at
driver's level from the street. Materials, colors, location, and size of such address
numbers shall be approved by the Community Development Director, or his/her
designee, prior to installation.
13. 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, without prior approval by the City. The applicant shall abide by the noise
control sections of the Rosemead Municipal Code.
14. The Building Division, Planning Division, and Engineering Division shall have
access to the project site at any time during construction to monitor progress.
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15. All requirements of the Building and Safety Division, Planning Division, and
Engineering Division shall be complied with prior to the final approval of the
proposed construction.
16. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
17. The site shall be maintained in a graffiti -free state. Any graffiti shall be removed
within twenty-four (24) hours.
18. The site shall be maintained in a clean, weed and litter free state.
Planning Division
19. The operator of the massage business or establishment, and any massage
therapist that desires to work as an employee or independent contractor must
obtain a City of Rosemead business license pursuant to Chapter 5.24 of the
Rosemead Municipal Code prior to commencing operation or providing any
massage therapy and must thereafter maintain a valid business license.
20. No person may engage in conduct, carry on, or perform massage therapy unless
such person has a valid and active certificate from the California Massage Therapy
Council (CAMTC) created by California Business and Profession Code section
4600.
21. The massage establishment shall abide by all requirements set forth in the
Rosemead Municipal Code relating to massage establishments.
22. The massage establishment shall comply with the security plan approved by the
Chief of Police and Public Safety Department.
23. A sign plan for the business shall be submitted to the Planning and Building and
Safety Divisions for review and approval.
24. Curtains, closed blinds, tints, or any other material shall not block the visibility into
the interior reception and waiting areas during business hours.
Chief of Police Conditions of Approval
25. The establishment shall maintain a 24-hour video surveillance recording system to
include coverage of the following areas:
a. All patron and employee arrivals and departures
b. Immediate and adjoining parking areas
c. Entire exterior perimeter
d. Any office and cashier area
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e. General floor area
26. The video surveillance must be stored for a minimum of 30 days and be made
available to law enforcement and code enforcement upon request.
27. The parking lot and exterior of the business must maintain good lighting during
the hours of darkness.
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