PC - 2024-08 – Approving CUP 24-02, Permitting a Massage Services Use in the Medium Commercial with Residential/Commercial Mixed-Use Development and Design Overlays (C-3/RC-MUDO/D-O) ZonePC RESOLUTION 24-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 24-02, PERMITTING A
MASSAGE SERVICES USE IN THE MEDIUM COMMERCIAL WITH
RESIDENTIAUCOMMERCIAL MIXED-USE DEVELOPMENT AND
DESIGN OVERLAYS (C-3/RC-MUDO/D-0) ZONE.
WHEREAS, on April 15, 2024, Zhaohui Hu submitted an application for a
Conditional Use Permit to operate a massage services use at 8966 Garvey Avenue, Unit
F;
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 July 25, 2024, twenty-nine (29) 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 24-02;
WHEREAS, on August 5, 2024, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use
Permit 24-02; 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. The Planning Commission HEREBY DETERMINES that Conditional
Use Permit 24-02 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 24-02 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 24-02, 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 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 such as sufficient exterior lighting and video surveillance
provisions have been recommended by the Chief of Police and incorporated 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.
FINDING 2: The use is consistent with the General Plan.
FACT: The General Plan Land Use Designation for the property is Mixed -Use:
Residential/Commercial, which accommodates mixed-use commercial, office, and
residential uses. The emphasis is on businesses that provide services for the surrounding
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, Table 17.16.020.1, approval of a
Conditional Use Permit is required to establish a massage services use within the 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
that existing at the time of the lead agency's determination. Accordingly, Conditional Use
Permit 24-02 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 and would not increase
the floor area of the existing building. The existing building fagade was approved through
a Design Review application 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 24-02, permitting a massage services use located at 8966 Garvey Avenue, Unit F
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 5, 2024, by the following vote:
AYES: BERRY, ESCOBAR, LOPEZ, TANG, AND UNG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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 5th day of August 2024.
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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 5'^ day of August,
2024 by the following vote:
AYES: BERRY, ESCOBAR, LOPEZ, TANG, AND UNG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lily Valenzuela, Secretary
APPROVED AS TO FORM:
— I i La��-- -
Stephanie Guti , Planning Commission Attorney
Burke, Williams & Sorensen, LLP
ATTACHMENT"A"
(PC RESOLUTION 24-08)
CONDITIONAL USE PERMIT 24-02
8966 GARVEY AVENUE, UNIT F
(APN: 5282-010-030)
CONDITIONS OF APPROVAL
AUGUST 5, 2024
Standard Conditions of A arovals
1. Conditional Use Permit 24-02 ('Project') is approved for the operation of a large
health/fitness facility, in accordance with the plans marked Exhibit "B", dated July
31, 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.
18. The site shall be maintained in a graffiti -free state. Any graffiti shall be removed
within twenty-four (24) hours.
19. The site shall be maintained in a clean, weed and litter free state.
Proiect Specific Conditions of Approval
20. 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.
21. 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.
22. The massage establishment shall abide by all requirements set forth in the Rosemead
Municipal Code relating to massage establishments.
23. The massage establishment shall comply with the security plan approved by the Chief of
Police and Public Safety Department.
24. Curtains, closed blinds, tints, or any other material shall not block the visibility into the
interior reception and waiting areas during business hours.
25. 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.
Chief of Police Conditions of Approval
26. 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
e. General floor area
27. The video surveillance must be stored for a minimum of 30 days and be made available
to law enforcement and code enforcement upon request.
28. The parking lot and exterior of the business must maintain good lighting during the hours
of darkness.
Building & Safety Division Conditions of Approval
29. 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.
30. Plans prepared in compliance with the current Building Code shall be submitted to Building
Division for review prior permit issuance.
31. Fees shall be paid to the County of Los Angeles Sanitation District prior to issuance of the
building permit.
32. All State of California disability access regulations for accessibility and adaptability shall
be complied with.
33. 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. d ropbox. com/s/4xkjyn5fhggpotk/Accessibi I ity%20 U pg rade%2OSumm
ary%20Form.pdf?dl=0