PC – 2014-07 – Aprroving MOD 14-01 For The Expansion Of An Existing Adult Care Facility And ZV 14-01 Requesting To Deviate From The Required Number Of Parking Spaces Located At 9025 Guess St, In The R-1 (Single-Family Residential) Zone. (APN: 8594-008-036a
PC RESOLUTION 14-07
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING MODIFICATION 14-01 FOR THE EXPANSION OF AN
EXISTING ADULT CARE FACILITY AND ZONE VARIANCE 14-01
REQUESTING TO DEVIATE FROM THE REQUIRED NUMBER OF
PARKING SPACES LOCATED AT 9025 GUESS STREET, IN THE R-1
(SINGLE-FAMILY RESIDENTIAL) ZONE. (APN: 8594-008-036)
WHEREAS, on February 27, 2014, Zosimo and Nelia Pascasio submitted a
Modification application requesting to modify existing Conditional Use Permit 96-677 in
order to expand the adult care facility and a Zone Variance application requesting to
deviate from the required number of parking spaces located at 9025 Guess Street; and
WHEREAS, 9025 Guess Street is located in the R-1 (Single-family Residential)
zone; and
WHEREAS, Section 17.112.020(6) of the Rosemead Municipal Code permits the
operation of education institutions in any zone upon the granting of a Conditional Use
Permit; and
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Sections 17.112. 010 and 17.108.020 of the Rosemead Municipal Code authorize the
Planning Commission to approve, conditionally approve, or deny Conditional Use
Permit and Zone Variance applications; and
WHEREAS, Section 17.112.010 of the Rosemead Municipal Code specifies the
criteria by which a Conditional Use Permit may be granted; and
WHEREAS, an applicant must obtain a Zone Variance in order to create a
development that does not meet the minimum standards. Section 17.108.020 sets
criteria required for granting such a variance. If one of these criteria cannot be met then
the variance may not be granted; and
WHEREAS, on May 5, 2014, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Modification
14-01 and Zone Variance 14-01. Based on the testimonies, the Planning Commission
continued the public hearing to a date uncertain; and
WHEREAS, on March 5, 2015, forty-one (41) notices were sent to property
owners within a 300 -foot radius from the subject property, in addition to notices posted
in five (5) public locations, on-site, and in the Rosemead Reader, specifying the
availability of the application, plus the date, time, and location of the public hearing for
Modification 14-01 and Zone Variance 14-01; and
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WHEREAS, on March 16, 2015, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Modification 14-01 and Zone Variance 14-01; 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
Modification 14-01 and Zone Variance 14-01 is classified as a Class 9 Categorical
Exemption pursuant to Section 15309 of California Environmental Quality Act (CEQA)
guidelines. Section 15309 of the CEQA guidelines exempts projects that consist of
inspections to check for the performance of an operation, or for quality, health, or safety
of a project.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Modification 14-01 according the criteria of
Chapter 17.112.010 of the Rosemead Municipal Code as follows:
A. The project is essential and desirable to the public convenience or
welfare.
FINDINGS: The subject site was approved for the operation of an adult care
facility by the County Board of Supervisors in 1956 and by the Rosemead Planning
Commission in 1996. The adult care facility will continue to operate in the same manner
with the exception of adding six (6) additional patient beds. The facility will continue to
serve a need that is considered essential to the disabled community. Specific
conditions have been incorporated to mitigate potential negative impacts to the
neighborhood.
B. The project is in harmony with the elements and objectives of the General
Plan and Zoning Codes.
FINDINGS: The property is located in the R-1 (Single-family Residential) zone
and is designated as Residential in the City's General Plan. The use of the site is
permitted upon the granting of Conditional Use Permit. The subject site was approved
for the operation of an adult care facility by the County Board of Supervisors in 1956
and a Conditional Use Permit was granted by the Rosemead Planning Commission in
1996. The adult care facility will continue to operate in the same manner with the
exception of adding six (6) additional patient beds.
C. The project will not be detrimental to the surroundings properties.
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FINDINGS: The facility is licensed and monitored by the State of California for
ambulatory and non-ambulatory adults as a non-medical facility. The facility provides
24-hour care and supervision for the patients. To address neighboring resident
complaints, the applicants have installed new perimeter fencing along the east and west
property line where no fencing has been installed. The applicants have also obtained
building permits to remove and replace 12 existing windows with dual -pane windows to
minimize noise impacts to adjacent neighbors. In addition, the applicants have
relocated the smoking area to the rear of the building. Specific conditions have been
incorporated to mitigate potential negative impacts to the neighborhood.
SECTION 3. The Planning Commission HEREBY APPROVES Zone Variance
14-07 granting a deviation from the required number of parking spaces.
A. Constitute a grant of special privilege inconsistent with the limitations upon
other properties in the vicinity;
FINDINGS: The adult care facility differs from standard nursing homes or
assisted living facilities in that medical staffing is not required for the care of the
patients. This facility provides 24-hour supervision for ambulatory adults in a non-
medical capacity. As a result, the facility operates with a limited staff level as direct
medical care is not provided onsite to the patients. The facility patients do not have a
California Driver's License and do not drive personal vehicles. The adult care facility
operates with a small staff, which reduces the actual demand for parking spaces. A
parking study was conducted to determine the existing parking demand for the facility
and the parking demand for the expanded facility. The parking study utilized the
existing peak parking demand rate to determine the parking demand for the expanded
facility. The anticipated parking demand for the expanded facility is three (3) spaces.
The parking study concluded that the existing seven (7) parking spaces can be
expected to adequately serve the proposed project. The parking variance would not
grant a special privileged inconsistent with the limitations upon the other properties in
the vicinity and zone as the actual parking demand for this facility is lower than a
standard nursing home or assisted care facility.
B. Be materially detrimental to the public health or welfare or injurious to the
property or improvements in such zone or vicinity;
FINDINGS: The subject site was approved for the operation of an adult care
facility by the County Board of Supervisors in 1956 and by the Rosemead Planning
Commission in 1996. The adult care facility will continue to operate in the same manner
with the exception of the addition of six (6) patient beds. To address neighboring
resident complaints, the applicants have installed new perimeter fencing along the east
and west property line where no fencing has been installed. The applicants have also
obtained building permits to remove and replace 12 existing windows with dual -pane
windows to minimize noise impacts to adjacent neighbors. In addition, the applicants
have relocated the smoking area to the rear of the building. Specific conditions have
been incorporated to mitigate potential negative impacts to the neighborhood. The
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granting of such variance will not be materially detrimental to the public health or
welfare or injurious to the property or improvements in such zone or vicinity in which the
subject property is located.
C. Adversely affect the comprehensive General Plan; and
FINDINGS: The property is designated as Residential in the General Plan. The
subject site was approved for the operation of an adult care facility by the County Board
of Supervisors in 1956 and by the Rosemead Planning Commission in 1996. The
facility has operated in the same capacity since 1996. The adult care facility will
continue to operate in the same manner with the exception of the addition of six (6)
patient beds. Therefore, the granting of the parking variance will not adversely impact
the General Plan.
D. That because of special circumstances, the strict enforcement of the code
would deprive the subject property of privileges enjoyed by other properties in the
vicinity under identical zone classifications.
FINDINGS: Strict application of the zoning ordinance would require twenty-eight
(28) onsite parking spaces for the facility. The adult care facility differs from standard
nursing homes or assisted living facilities in that medical staffing is not required for the
care of the patients. The adult care facility operates with a small staff, which reduces
the actual demand for parking spaces. A parking study determined that the facility
could accommodate the expansion adequately. Therefore, approval of a Zone Variance
allowing the adult care facility to expand is reasonable.
SECTION 4. The Planning Commission HEREBY APPROVES Modification 14-
01 for the expansion of an existing adult care facility and Zone Variance 14-01 granting
a deviation from the required number of parking spaces, located at 9025 Guess Street,
and subject to the conditions listed in Attachment "A" attached hereto and incorporated
herein by reference.
SECTION 5. 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 6. This resolution is the result of an action taken by the Planning
Commission on March 16, 2015, by the following vote:
YES: ENG AND LOPEZ
NO: TANG
ABSENT: HERRERA
ABSTAIN: NONE
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SECTION 7. 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 16th day ofMarc , 2015.
Nancy Eno Ch4r.)
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 16th day of
March, 2015, by the following vote:
YES: ENG AND LOPEZ
NO: TANG
ABSENT: HERRERA
ABSTAIN: NONE
0. L�' -
Michelle Ramirez, cretary
APPROVEDAS TO
Gregory M. Mu Plannirlcr 'ssion Attorney
Burke, William Sorensen, LLP
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ATTACHMENT"A"
(PLANNING COMMISSION RESOLUTION 14-07)
MODIFICATION 14-01 AND ZONE VARIANCE 14-01
9025 GUESS STREET
(APN: 8594-008-036)
CONDITIONS OF APPROVAL
March 16, 2015
1. Modification 14-01 is approved for the expansion of an adult care facility and
Zone Variance 14-01 is approved for the deviation from the required number of
parking spaces in accordance with the plans marked Exhibit "B", dated February
12, 2015. Any revisions to the approved plans must be resubmitted for the
review and approval of the Planning Division.
2. Approval of Modification 14-01 and Zone Variance 14-01 shall not take effect for
any purpose until the applicant has filed with the City of Rosemead 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.
3. Approval of Modification 14-01 and Zone Variance 14-01 are approved for a
period of six (6) months from the date of adoption of Planning Commission
Resolution 14-07. The applicant shall commence the proposed use or request
an extension within 30 -calendar days prior to expiration. The six (6) months
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 Division and Building and
Safety Division so long as the project is not abandoned. If Modification 14-01
and Zone Variance 14-01 have been unused, abandoned, or discontinued for a
period of six (6) months, it shall become null and void.
4. Modification 14-01 and Zone Variance 14-01 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 Modification 14-01 and Zone Variance
14-01, 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 Modification 14-01 and Zone Variance 14-01.
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5. The applicant 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.
6. The onsite public hearing notice posting shall be removed by the end of the 10 -
day appeal period of Modification 14-01 and Zone Variance 14-01.
7. The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved plans where necessary.
8. The following conditions must be complied with to the satisfaction of the Planning
Division prior to final approval of the associated plans, building permits,
occupancy permits, or any other appropriate request.
9. 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 County Health Departments. Prior to submittal to the Planning, Building,
Fire, Sheriff, and Health Departments for any approvals related to this
application, the applicant shall submit a revised and correct site plan to the
Planning Division, which shall be subject to Division review and approval.
10. No portion of the lot, outside of the building, shall be used for storage of any type,
unless designated and approved by the Planning Division.
11. The numbers of the address sign shall be at least 6" tall with a minimum
character width of 3/4", 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 Planning Division, prior to installation.
12. Occupancy will not be granted until all improvements required by this approval
have been completed, inspected, and approved by the appropriate
department(s).
13. The site shall be maintained in a graffiti -free state. Any new graffiti shall be
removed within twenty-four (24) hours. A 24-hour Graffiti Hotline can be called at
(626) 569-2345 for assistance.
14. The site shall be maintained in a clean, weed and litter free state in accordance
with the Rosemead Municipal Code, which pertains to the storage, accumulation,
collection, and disposal of garbage, rubbish, trash, and debris. All trash
containers shall be stored in the appropriate trash enclosure at all times. All
trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected,
and maintained in a clean, safe, and sanitary condition. The trash enclosure
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doors shall be closed at all times. The parking area and other street facing area
shall be cleaned of trash and debris on a daily basis (Modified by the Planning
Commission on March 16, 2015).
15. The parking area, including handicapped spaces, shall be paved, and re -striped
periodically to City standards to the satisfaction of the Planning Division. In
accordance with Rosemead Municipal Code, all designated parking spaces shall
be double -striped and have wheel stops. Such striping shall be maintained in a
clear, visible, and orderly manner.
16. All landscape planters onsite shall be rehabilitated and maintained at all times.
17. Adequate lighting shall be provided in the parking area where deemed
appropriate by the Planning Division. All exterior lighting shall be directed away
from adjacent properties.
18. All roof top appurtenances and equipment shall be adequately screened from
view of the public right of way.
19. All driveway entrances and exits shall remain open and unobstructed at all times.
20. The facility shall not exceed a maximum of twenty-eight (28) patient beds at any
given time.
21. The facility shall provide adequate level of supervision for the patients at all
times.
22. The facility residents may not obtain a State of California driver's license. In the
event that residents of the facility would like to obtain a State of California driver's
license, the project shall be reviewed by the Planning Commission through
modification applications and a new parking study will be required.
23. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
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