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PC - Item 3B - Conditional Use Permit (CUP) 22-02 - 9011 Garvey Avenue, Unit BTO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE.- AUGUST 1, 2022 SUBJECT: CONDITIONAL USE PERMIT 22-02 9011 GARVEY AVENUE, UNIT B Wing Yee Lam has submitted a Conditional Use Permit application, requesting to establish a massage services use located at 9011 Garvey Avenue, Unit B (APN: 8595- 011-009), in the Medium Commercial (C-3) zone. The proposed project would not increase the floor area of the existing building. Per Rosemead Municipal Code Section 17.16.020, approval of a Conditional Use Permit is required in order to establish a massage services use within a C-3 zone. WN 11� � 1 1'' 11 1:10,vi 9 M ilk 4- r, Class 1 of Section 15301 of the California Environmental Quality Act guidelines exempUzz, 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. Accordingly, Conditional Use Permit 22-02 is classified as Class 1 Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act guidelines. It is recommended that the Planning Commission ADOPT Resolution No. 22-05 with findings (Exhibit "Aand APPROVE Conditional Use Permit 22-02, subject to the 27 conditions outlined in Attachment "A" attached hereto. The project site is located at the northeast corner of Garvey Avenue and Rosemead Place. The project area consists of one parcel totaling approximately 13,743 square feet. On September 21, 2009, the Planning Commission approved Conditional Use Permit 09- 05 for the construction of a 3,500 square -foot mini mall consisting of three commercial tenants. According to Building and Safety records, the mini mall was finalized on January Planning Commission Meeting August 1, 2022 Page 2 of 18 141 2013. According to business license records, there are currently two insurance offices (Units A and B) and a sandwich shop (Unit C). The insurance office located in Unit B would be vacated to accommodate the proposed massage use. now Front elevation (Existing) Site and Surrounding Land Uses The project site is designated in the General Plan as Mixed -Use: Industrial/Commercial and on the zoning map as a Medium Commercial (C-3) zone. The site is surrounded by the following land uses: North General Plan: Low Density Residential Zoning: Single Family Residential (R-1) Land Use: Residential South General Plan- Mixed Use: Residential Commercial Zoning: Medium Commercial (C-3) Land Use: Commercial East General Plan: Mixed -Use: Industrial/Commercial Zoning: Medium Commercial (C-3) Land Use: Commercial Planning Commission Meeting August 1, 2022 Page 3 of 18 West General Plan: Mixed -Use: Industrial/Commercial Zoning: Medium Commercial (C-3) Land Use: Commercial As illustrated in Exhibit "B", the applicant is proposing to operate a massage establishment at 9011 Garvey Avenue, Unit B, which is located within the existing development. The applicant is proposing to operate the massage establishment from 8:00 a.m. to 10:00 p.m., daily. The massage establishment will provide services such as foot and body, deep tissue, Swedish, hot stone, and occasional hot oil massage therapy, which involves applying hot oil and rubbing them on the customer's back. The massage establishment will be operated by three employees who will be performing tasks such as providing massage services to customers, cleaning the establishment, and replacing and washing soiled towels and linens. Public Safety After reviewing statistics pertaining to crime and calls for service related to the project site and corresponding reporting districts from January 1, 2020 through May 31, 2022, the Chief of Police did not note concerns associated with the proposed establishment. The Public Safety Department (Chief of Police and Code Enforcement Division) has also reviewed the floor plan and security plan and did not have any concerns with the proposed layout. A copy of the security plan can be found in Exhibit "D". The Chief of Police recommended the following conditions of approval be incorporated: The massage establishment shall maintain a 24-hour video surveillance recording system, which includes coverage of the following areas: o Patron and employee arrival and departure; o Immediate and adjoining parking areas; o Entire exterior perimeter; o Office and cashier areas; and o General floor area. The video surveillance shall be stored for a minimum of 30 days and be made available to law enforcement and code enforcement upon request. The parking lot and exterior of the business shall maintain good lighting during hours of darkness. The applicant is not proposing any exterior modifications to the existing commercial site. Planning Commission Meeting August 1, 2022 Page 4 of 18 A NTOTA 04 The applicant is proposing a commercial tenant improvement to the existing 1,000 square -foot space. The proposed floor plan will consist of a reception and waiting area, five massage rooms, a restroom, a shower and dressing room, an employee break room, and a laundry room. FLOOR PLAN A. E: D 7 iji, 4 4 SECURITY CAMERA LOC"ION Proposed Floor Plal Planning Commission Meeting August 1, 2022 Page 5 of 18 701 Per Rosemead Municipal Code Table 17.112.040.1, retail or office land uses shall provide one (1) parking space for every 250 square feet of floor area, and fast food (drive-thru, take-out, coffee/tea shops) or restaurants under 2,000 square feet of floor area shall provide one parking space for every 100 square feet of floor area. The site was initially approved with 22 parking spaces based on approximately 2,200 square feet of retail or office space and approximately 1,300 square feet of restaurant space. However, through tenant improvements and the current tenants onsite, the parking requirement has changed. Specifically, the uses that currently occupy Units A and C would only require the site to have 21 parking spaces with a surplus of one parking space. Furthermore, the proposed massage use would meet the minimum required parking for the site. The following tables provide a comparison between the approved parking and the proposed parking: Approved Parking (CUP 09-05): Land Use Unit City's Parking Square Footage Number of Parking Spaces Requirement Required A (Office) 1 space per 1)300 SF Restaurant A 100 square feet of floor 1,300 SF 13 B (Retail- area feet of floor B 1 space per 1 SF Retail/Office C 250 square 1000 9 Restaurant (Sandwich 100 square feet of floor feet of floor 12 C area 17200 SF Total Number of Approved Parking Spaces 22 Proposed Parking: Land Use Unit City's Parking Square Footage Number of Parking Spaces Requirement Required A (Office) 1 space per 1)300 SF Retail/Office 250 square 9 B (Retail- feet of floor Massae ) area 1,000 SF C 1 space per Restaurant (Sandwich 100 square feet of floor 1,200 SF 12 Shop) area Total Number of Parking Spaces Required I 21 (22 parking spaces provided, surplus of one Planning Commission Meeting August 1, 2022 Page 6 of 18 Public Comment Staff received a public comment via email from Ms. Ma concerning the existing parking onsite. Ms. Ma is concerned that the massage use may create additional issues. Staff has verified that the off-street parking requirements are met, as described on page 5. In addition, the proposed massage use would not impact the parking requirements as the site would provide a surplus of one parking space. 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 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 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. 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. Conditions recommended by the Chief of Police have been included to protect the land uses within the vicinity. Furthermore, the Chief of Police has reviewed the crime statistics and no noted concerns associated with the proposed business and has reviewed and approved the security plan for the proposed business. 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. B. The use is consistent with the General Plan. The General Plan Land Use Designation for the property is Mixed -Use: Industrial/Commercial, which accommodates light industry, research and development, and office uses. The emphasis is on businesses that provide career - oriented and trade jobs. Commercial uses should be limited to those that support Planning Commission Meeting August 1, 2022 Page 7 of 18 the primary industrial and office uses. Accordingly, the use will be located within an existing commercial development within an established commercial corridor. Furthermore, the project is in the C-3 Zone, which is consistent with the Mixed - Use: Industrial/Commercial land use designation as noted in Table 2-5 in the City's General Plan. 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 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. 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. Accordingly, Conditional Use Permit 2202 is classified as a Class 1 Categorical Exemptions pursuant to Section 15301 and 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. The project does not include any new development. The scope of work is limited to only interior tenant improvements and exterior signage. Planning Commission Meeting August 1; 2022 Page 8 of 18 PUBLIC NOTICE PROCESS This iters has been noticed through the regular agenda notification process, which includes a 300 -foot radius public hearing notice to 38 property owners, publication in the Rosemead Reader on July 21, 2022, and postings of the notice at the six public locations and on the subject site. Prepared by: Reviewed by: 41W Kinson Wong Lily Valenzuela Assistant Planner Planning &Economic Development Manager ub fitted by: � Stan Wong Interim Director of Community Development EXHIBITS: A. Planning Commission Resolution 22-05 B. Site Plan and Floor Plan (Dated July 26, 2022) C. Assessor Parcel Map (APN: 5279-008-032) D. Security Plan E. Map of Massage Establishments Planning Commission Meeting August 1, 2022 Page 9 of 18 I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 22-02 FOR THE OPERATION OF A MASSAGE SERIVCES USE. THE SUBJECT SITE IS LOCATED At 9011 GARVEY AVENUE, UNIT B (APN: 5279-008-032), IN A MEDIUM COMMERCIAL WHEREAS, on May 18, 2022, Wing Yee Lam submitted a Conditional Use Permit application, requesting to establish a massage services use at 9011 Garvey Avenue, Unit B; WHEREAS, 9011 Garvey Avenue, Unit B is located in a Medium Commercial (C- 3) 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 July 21, 2022, thirty-eight (38) 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 22-02; WHEREAS, on August 1, 2022, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 22-02; 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 1.1 The Planning Commission HEREBY DETERMINES that Conditional Use Permit 22-02 is Categorically Exempt under Class 1 of Section 15301 of the California Environmental Quality Act (CEQA) guidelines. Class 1 of Section 15301 exempts projects consisting of the operation, repair, maintenance, permitting, leasing, Planning Commission Meeting August 1, 2022 Page 10 of 18 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. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 22-02, 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. Conditions recommended by the Chief of Police have been included to protect the land uses within the vicinity. Furthermore, the Chief of Police has reviewed the crime statistics and no noted concerns associated with the proposed business and has reviewed and approved the security plan for the proposed business. 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. B. The use is consistent with the General Plan. FINDING: The General Plan Land Use Designation for the property is Mixed -Use: Industrial/Commercial, which accommodates light industry, research and development, and office uses. The emphasis is on businesses that provide career -oriented and trade jobs. Commercial uses should be limited to those that support the primary industrial and office uses. Accordingly, the use will be located within an existing commercial development within an established commercial corridor. Furthermore, the project is in the C-3 zone, which is consistent with the Mixed -Use: Industrial/Commercial land use designation as noted in Table 2-5 in the City's General Plan. 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, Planning Commission Meeting August 1, 2022 Page 11 of 18 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. Accordingly, Conditional Use Permit 22-02 is classified as a Class 1 Categorical Exemptions pursuant to Section 15301 and 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 22-02, permitting the operation of a massage services use at 9011 Garvey 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 August 1, 2022, by the following vote: 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 1st day of August, 2022. Chair Planning Commission Meeting August 1, 2022 Page 12 of 18 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 1st day of August 20227 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Stan Wong, Secretary APPROVED AS TO FORM: Stephanie Gutierrez, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting August 1, 2022 Page 13 of 18 ATTACHMENT "A" (PC RESOLUTION 22-05) lip* I Ili filiMm"Y13 am: il-ky A on 1, i"6, J : Val IVA: a 61 CONDITIONS OF APPROVAL AUGUST 1, 2022 1 Conditional Use Permit 22-02 ("Project") is approved for the establishment of a massage services use located at 9011 Garvey Avenue, Unit B, in accordance with the plans marked Exhibit "B", dated July 25, 2022. 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 discontinued for a period of one (1) year, this entitlement approval shall become null and void. Planning Commission Meeting August 1, 2022 Page 14 of 18 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. Planning Commission Meeting August 1, 2022 Page 15 of 18 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. Project Specific Conditions of Approval 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. Curtains, closed blinds, tints, or any other material shall not block the visibility into the interior reception and waiting areas during business hours. 24. The proposed signage shall be professionally constructed using high-quality materials (i.e., metal -pinned, hardwood, or individually -mounted and internally illuminated channel letters). A sign plan for the business shall be submitted to the Planning and Building and Safety Divisions for review and approval. 25. The establishment shall maintain a 24-hour video surveillance recording system to include coverage of the following areas: Planning Commission Meeting August 1, 2022 Page 16 of 18 a. All patron and employee arrivals and departures b. Immediate and adjoining parking areas c. Entire exterior perimeter d. Any office and cashier area 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. Planning Commission Meeting August 1, 2022 Page 17 of 18 EXHIBIT "C" co � y .,;,iT r PROJECT SITE d 'I I x U1 �I� I �o U I I >I I 1 f F ROSEMEAD FL RIVER NJ io i I i m � roto �ti ice, 1-54. I I I I Sn -w ' J. 'nr 65.E_ 11.E2 ( ( r C i I to I I a G) cc T'i� I I UT c' �;`�II ♦L 11/1 � � I �l i 1i co I C I I�`0 110 20�•3�'U;W SULLIA/AIW AVEOR I j7P 1-259 — e � EU r _h� M Z r nnm c ;vm }min c i� Planning Commission Meeting August 1, 2022 Page 18 of 18 PJ4-C� I in a 24-hour video surve-flance recording system /11 - shall ma nta, 64 ("Vide,(-urve-illar ce. Srsteni'"), whi I ch, -r -.-hall incilide coverage of the tollowln'g are. a.6,3 a. Patrn- a and employee arrivalls and departures; b. Irriniediate and adjoining parking area -s► C, Lrifire exter[or perimeter of Lhu:-,i subjecL business; d. Any office and cashier area8; and e, Interior of businescusaomer areas), 2. 's Video Sufveilltince Syc.Aern shall be stored for a minimurn of, 30 dwys and made ava'llables to Law enforctement ,--i.nd ir,,od0- enforc-emfln--wilt upom re- qu'est. 3_ a .'s parking lot cand ee. rior wi I I rintai ntai n goal Jig hti ng d Lid ng th e hours bt darkness. 4. 4" fik�r 's business hours shail be in accordance with currenL esti blids ed City regu lati ons. (H ours of operation IaA MI: 10 5, 441AA tkY--' will he subject to inspections by Code Enforcement and Law Enforcement during all business hours. 6-'VNI — , , le! post appropricate signage re-flard-ing loiterinq nd trespassin�j, yfi� Mi - - - , a - 7- 4-IXIA /W—,. shall int .11 art alwai sysrtern for Lhe- bulffding.