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PC - 2024-07 – Approving CUP 24-01, Permitting a Large Health/Fitness Facility in the Medium Commercial with Residential/Commercial Mixed-Use Development and Design Overlays (C-3/RC-MUDO/D-O) ZonePC RESOLUTION 24-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 24-01, PERMITTING A LARGE HEALTH/FITNESS FACILITY IN THE MEDIUM COMMERCIAL WITH RESIDENTIALICOMMERCIAL MIXED-USE DEVELOPMENT AND DESIGN OVERLAYS (C-3/RC-MUDO/D-0) ZONE. WHEREAS, on March 26, 2024, Xinhai Liu submitted an application for a Conditional Use Permit to operate a large health/fitness facility use at 8966 Garvey Avenue; WHEREAS, 8966 Garvey Avenue is located in the Medium Commercial with Residential/Commercial Mixed -Use Development and Design Overlays (C-3/RC- MUDO/D-O) Zone. 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 17.132.040 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or deny Conditional Use Permit applications; WHEREAS, on June 6, 2024, thirty-five (35) 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 24-01; WHEREAS, on June 17, 2024, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 24-01; 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 24-01 is classified as a Class 1 Categorical Exemptions, Section 15301 of the California Environmental Quality Act (CEQA) guidelines 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 use beyond that existing at the time of the lead agency's determination. Accordingly, CUP 24-01 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of CEQA guidelines. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 24-01, in accordance with Section 17.132.040 of the Rosemead Municipal Code as follows: FINDING 1: 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. FACT: The proposed large health/fitness facility use is located within an established commercial corridor of the City. The proposed project was routed to reviewing agencies for review. The Los Angeles County Sanitation Districts and San Gabriel Valley Water Company provided applicable conditions of approval for the project. In addition, the Building and Safety Division and Public Works Department issued relative conditions of approval to ensure the maintenance of public health, safety and general welfare. The project will not create any foreseeable significant negative impacts to the vicinity of the project site. FINDING 2: The use is consistent with the General Plan. FACT: The Land Use Element of the General Plan aims to "promote stronger and enhanced commercial business districts". This can be accomplished through attracting private investment that can help revitalize older commercial uses and increasing patronage within the area, which translates to economic benefits to businesses and the community. Approval of this application will reinforce commercial uses in the existing commercial corridor and enhance the opportunity for economic development. The use is consistent with the goals listed in the General Plan. FINDING 3: The use is consistent with the provisions of this Zoning Code. FACT: Per Rosemead Municipal Code, Section 17.16.020, approval of a Conditional Use Permit is required for a health/fitness facility that is more than two - thousand (2,000) square feet within a Medium Commercial (C-3) zone. The use is consistent with the applicable provisions of the Zoning Code and has satisfied all of the applicable minimum requirements of the Zoning Code. FINDING 4: Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. FACT: Section 15301 of the California Environmental Quality Act guidelines 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 use beyond Permit 24-01 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of California Environmental Quality Act guidelines. FINDING 5: 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. FACT: The project does not include any new development. The existing building fagade was approved through Design Review 24-03 and is consistent with the goals and objectives of the applicable standards, in addition to the Design Overlay standards. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 24-01, permitting a large health/fitness facility use located at 8966 Garvey Avenue, 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 June 17, 2023, by the following vote: AYES: ESCOBAR, LOPEZ, AND UNG NOES: NONE ABSTAIN: NONE ABSENT: BERRY AND TANG 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 17th day of June 2024. Escobar, Vice -Chair 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 17th day of June, 2024 by the following vote: AYES: ESCOBAR, LOPEZ, AND UNG NOES: NONE ABSTAIN: NONE ABSENT: BERRY AND TANG Lily Valenzuela, Secretary APPROVED AS TO FORM: Step hanie`Gutlerrez, Planning Commission Attorney Burke, Williams & Sorensen, LLP ATTACHMENT"A" (PC RESOLUTION 24-07) CONDITIONAL USE PERMIT 24-01 8966 GARVEY AVENUE, UNITS G & J (APN: 5282-010-030) CONDITIONS OF APPROVAL JUNE 17, 2024 Standard Conditions of Approvals 1. Conditional Use Permit 24-01 ("Project') is approved for the operation of a large health/fitness facility, in accordance with the plans marked Exhibit "B", dated June 5, 2024. Any minor 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 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 is approved for a period of one (1) year. The applicant(s) 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, 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 aside, 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, Public Works, 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. 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. All ground level mechanical/utility equipment (including meters, back flow prevention devices, fire valves, A/C condensers, furnaces, and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right-of-way. 17. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Proiect Specific Conditions of Approval 18. The health/fitness facility shall comply with all health and safety code sections found in the Rosemead Municipal Code. 19. The health/fitness facility shall require all parents and guardians to escort their children from their parked car to the facility. The vehicles of parents and guardians shall not be permitted to idle in drive aisles at any times. All driveway entrances and exits shall remain open and unobstructed at all times. 20. 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 meet the Master Sign Program and be submitted to the Planning and Building and Safety Divisions for review and approval. 21. The hours of operation shall be limited to 10:00 a.m. to 5:00 p.m., Saturday through Sunday and 3:00 p.m. to 9:00 p.m., Monday through Friday. The hours of operation shall be posted in the front window or door. 22. All applicable business license requirements shall be complied with at all times. 23. The approval is for private and group swim instruction only, no public or open swim hours are permitted without review. 24. No equipment, pool appurtenances, cleaning equipment, etc. are permitted to be located around the pool's edge in order to maintain sufficient space for patron's to walk to and from the restrooms and dressing rooms. Prior to occupancy, the applicant is required to install signs within the large health/fitness facility that patrons/parents are required to wait in the seating areas to allow for proper path of travel around the pools edge. 25. Lifeguards are required to be on duty during all hours of operation. Running and playing are prohibited in the facility with all relevant warning signs posted in a visible area. 26. All business activities shall be conducted entirely within the enclosed building. All supplies, products, materials, and equipment shall be stored within the building. Outdoor storage of supplies, products, materials, and equipment is prohibited. Building & Safety Division Conditions of Approval 27. The second sheet of building plans is to list all conditions of approval and to include a copy of the Planning Commission Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check. 28. Plans prepared in compliance with the current Building Code shall be submitted to Building Division for review prior permit issuance. 29. Fees shall be paid to the County of Los Angeles Sanitation District prior to issuance of the building permit. 30. The building shall be addressed as 8966 Garvey Ave. Unit G, and an application to assign unit numbers shall be filed with the City prior to plan check submittal. 31. Structural design for the pool with supporting calculations prepared under the direction of an architect, civil engineer or structural engineer shall be provided. 32. Approval is required from the Los Angeles County Health Department for public spas, wading pools, and swimming pools. 33. Alterations and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures except as otherwise provided in the California Existing Building Code in effect. 34. An allowable building area analysis shall be provided to justify the tenant spaces conversion into Group A-3 Occupancy in an existing mixed-use building complies with Section 506 and 508 of the Building Code. 35. The project tenant space of Group A-3 Occupancy shall be separated from the adjacent tenants of Group B or M occupancy per Table 508.4 of the Building Code, unless the provisions of Section 508.3 is satisfied. 36. A means of egress analysis shall be provided to justify the two required exits in a none -sprinkled building are arranged in accordance with Section 1007.1.1. 37. All State of California disability access regulations for accessibility shall be complied with. 38. Summary of Accessibility Upgrades for Commercial Projects shall be completed and the completed form shall be copied on the plans. The form can be found at the following link: https://www.dropbox.com/s/4xkjyn5fhggpotk/Accessibility%20U pgrade%20Summ ary%20Form.pdf?dl=0 39. Separate application and plan review is required for Electrical plans, Mechanical plans, and Plumbing plans. 40. Project shall comply with the CalGreen Non -Residential mandatory requirements. Public Works Department Conditions of Approval 41. Separate permit shall first be obtained from the City Public Works Department prior to placement of any construction materials or equipment in the public way. 42. Sewer Study shall be reviewed and approved by the City Engineer or his/her designee, prior to the issuance of permits. If sewer is found to be inadequate, sewer improvement plans shall be submitted to the City for approval and required improvements shall be made at the sole cost to the property owner/developer. 43. Prior to the final completion of the building permit(s), inspection required by Public Works inspector. Los Angeles Countv Sanitation Districts Conditions of Approval 44. The wastewater flow originating from the proposed project will discharge to a local sewer line, which is not maintained by the Districts, for conveyance to the Districts' Joint Outfall B — Unit 6A Trunk Sewer, located in a private right-of-way south of Garvey Avenue east of River Avenue. The Districts' 36 -inch diameter trunk sewer has a capacity of 41.8 million gallons per day (mgd) and conveyed a peak flow of 13.6 mgd when last measured in 2018. 45. The wastewater generated by the proposed project will be treated at the Whittier Narrows Water Reclamation Plant (WRP) located near the City of South EI Monte, which has a capacity of 15 mgd and currently processes an average flow of 9.3 mgd, or at the Los Coyotes WRP located in the City of Cerritos, which has a capacity of 37.5 mgd and currently processes an average flow of 17.9 mgd. 46. The expected increase in average wastewater flow from the project, described in the plan as a 3,128 square foot indoor swim facility, is 1,877 gallons per day. For a copy of the Districts' average wastewater generation factors, go to www.lacsd.org, under Services, then Wastewater Program and Permits and select Will Serve Program, and click on the Table 1, Loadings for Each Class of Land Use link. 47. The Districts are empowered by the California Health and Safety Code to charge a fee to connect facilities (directly or indirectly) to the Districts' Sewerage System or to increase the strength or quantity of wastewater discharged from connected facilities. This connection fee is used by the Districts for its capital facilities. Payment of a connection fee may be required before this project is permitted to discharge to the Districts' Sewerage System. For more information and a copy of the Connection Fee Information Sheet, go to www.lacsd.org, under Services, then Wastewater (Sewage) and select Rates & Fees. In determining the impact to the Sewerage System and applicable connection fees, the Districts will determine the user category (e.g. Condominium, Single Family Home, etc.) that best represents the actual or anticipated use of the parcel(s) or facilities on the parcel(s) in the development. For more specific information regarding the connection fee application procedure and fees, please contact the Districts' Wastewater Fee Public Counter at (562) 908-4288, extension 2727. 48. In order for the Districts to conform to the requirements of the Federal Clean Air Act (CAA), the capacities of the Districts' wastewater treatment facilities are based on the regional growth forecast adopted by the Southern California Association of Governments (SCAG). Specific policies included in the development of the SCAG regional growth forecast are incorporated into clean air plans, which are prepared by the South Coast and Antelope Valley Air Quality Management Districts in order to improve air quality in the South Coast and Mojave Desert Air Basins as mandated by the CAA. All expansions of Districts' facilities must be sized and service phased in a manner that will be consistent with the SCAG regional growth forecast for the counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial. The available capacity of the Districts' treatment facilities will, therefore, be limited to levels associated with the approved growth identified by SCAG. As such, this letter does not constitute a guarantee of wastewater service, but is to advise the applicant that the Districts intend to provide this service up to the levels that are legally permitted and to inform the applicant of the currently existing capacity and any proposed expansion of the Districts' facilities. San Gabriel Valley Water Company Conditions of Approval 49. There is an existing 16" main on Garvey Ave. that can serve water to the project site. Final design of water facilities will be determined based on the required fire flow from the Fire Department to assess whether the existing main is adequately sized to provide the needed fire flow. 50. If the project is required to install on-site hydrant(s), SGVWC will need approximately 30ft x 10ft of area for installation and maintenance of SGVWC facilities. The area needs to be leveled with slopes not exceeding 5% in any direction.