CC - 1996-42 - Approving Conditional Use Permit 96-677 for 9025 Guess StreetA RESOLUTION- OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, APPROVING CONDITIONAL USE PERMIT 96-677,
ALLOWING THE OPERATION OF A REST HOME FACILITY
LOCATED AT 9025 GUESS STREET (APN: 8594-008-036).
WHEREAS, Zosimo and Nelia Pascasio, 3635 Carthwright Street, Pasadena, California,
91107, filed an application requesting a Conditional Use Permit allowing the operation of a rest
home facility at 9025 Guess Street on May 16, 1996; and
WHEREAS, 9025 Guess Street is located in the R-1; Single Family Residential zoning
district; and
WHEREAS, Section 9181.9 of the Rosemead Municipal Code (RMC) permits "Rest
Homes" in any zone upon the granting of a Conditional Use Permit; and
WHEREAS, Section 65853 of the California Government Code and Section 9182 of the
Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve
or deny conditional use permits; and
WHEREAS, Sections 9180 of the Rosemead Municipal Code specifies the criteria by
which a conditional use permit may be granted; and
WHEREAS, on July 25, 1996, notices were posted in 10 public locations and 47 notices
were sent to property owners within a 300-foot radius from the subject property specifying the
availability of the environmental analysis, plus the date, time and location of the public hearing
for Conditional Use Permit 96-677 pursuant to California Government Code Section 65091(a)(3);
and
WHEREAS, on August 5, 1996, the Planning Commission held a public hearing and
adopted PC Resolution 96-43, approving Conditional Use Permit 96-677, subject to conditions
of approval; and
WHEREAS, on August 13, 1996, the applicant filed a written appeal requesting the City
Council to amend the conditions of approval; and
WHEREAS, on August 29, 1996, notices were posted in 10 public locations and 47
notices were sent to property owners within a 300-foot radius from the subject property specifying
the availability of the environmental analysis, plus the date, time and location of the public hearing
for the appeal of Conditional Use Permit 96-677; and
WHEREAS, on September 10, 1996, the Rosemead City Council held a duly noticed
public hearing and sufficiently considered all testimony presented to them in order to make the
following determination.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemead
as follows:
SECTION 1. The City Council HEREBY DETERMINES that Conditional Use Permit
96-677 is Categorically Exempt from environmental review as a Class 9 Exemption pursuant to
Section 15309 of the California Environmental Quality Act (CEQA). The site had been used for
a rest home under previous ownership when it was under County jurisdiction. This request is to
legalize an unpermitted area and make building improvements necessary to operate a rest home
facility. Section 15309 exempts projects that constitute the inspection of an existing facility.
SECTION 2, The City Council HEREBY FINDS AND DETERMINES that facts do exist
to justify approving Conditional Use Permit 96-677 according to the Criteria of Section 9180 of
the Rosemead Municipal Code as follows:
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Resolution 96-42
Conditional Use Permit 96-677, appeal
Page 2 of 5
A. The project is essential and desirable to the public convenience or welfare.
FINDING: This site was approved for a rest home facility by the County Board of
Supervisors in 1956. Various owners have operated this business, and there have been numerous
occasions when the facility was notified of code violations. A conditional use permit will help to
regulate the operation to assure the community of a clean rest home to serve it residents.
B. The project is in harmony with the elements and objectives of the General Plan and
Zoning Codes.
FINDING: Rest homes are allowed in any zone upon granting a conditional use permit.
This site is in the R-1; Single Family Residential zone and is surrounded by office and commercial
uses on two sides. The location is in close proximity to Rosemead Boulevard which is a major
arterial street. There is adequate access to the site without significant intrusion into a residential
neighborhood. Parking for the site is nonconforming in that there are only seven spaces for a use
that is required to provide 22 spaces.
C. The project will not be detrimental to the surrounding properties.
FINDING: There are unpermitted structures on the site that are to be removed or
remodeled to meet current Building Codes. The Fire Department has noted a number of code
deficiencies that are being corrected. A live-in manger's office is to be located in the front of the
facility to provide security and monitor any problems on the site. The parking lot has been
redesigned to eliminate a situation where cars were able to back up over the right-of-way. By
placing this project under a conditional use permit, the City can monitor the use to assure that it
does not impact the surrounding properties. In addition, the City Council finds that the fire
hydrant improvements in the area are adequate in.conjunction with the fire sprinklers provided at
this facility.
SECTION 3. The City Council HEREBY APPROVES Conditional Use Permit 96-677,
allowing operation of a rest home facility located at 9025 Guess Street, subject to the conditions
of approval as adopted by the Planning Commission on August 5, 1996, incorporated herein by
reference, except for Condition No. 4 which shall be amended to read as follows:
"4. Prior to occupancy, the applicant may obtain permits to remodel Building "C" for
storage use only and Bedroom 7 for an office use to the satisfaction of the Planning
Director. If the applicant decides not to obtain permits for these structures, they must
demolished and removed. The conditions in this Exhibit "B" shall be copied onto any such
plans."
SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall
cause same to be published as required by law.
PASSED AND APPROVED this 24th day of September, 1996.
ATTEST:
NANCY VALDERRAMA, City Clerk
MARG ET CLARK, Mayor
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Resolution 96-42
Conditional Use Permit 96-677, appeal
Page 4 of 5
EXHIBIT "A"
CONDITIONAL USE PERMIT 96-677
9025 Guess Street, Rosemead Villa
CONDITIONS OF APPROVAL
August 5, 1996 (Amended)
1 Conditional Use Permit 96-677 is approved for the operation of a 22-bed Rest Home to
be maintained in accordance with the plan marked Exhibit "B". Any revisions to the
approved plans must be resubmitted for review and approval by the Planning Department.
2 Approval of Conditional Use Permit 96-677 shall not take effect for any purpose until the
applicant has filed with the City of Rosemead an affidavit stating that they are aware of
and accepts all of the conditions set forth in the letter of approval and this list of
conditions. Said affidavit shall be completed within ten (10) days of the date of approval.
3 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 Health
Departments.
4 Prior to nccupancyYBuilding "C"' shall be -r
into an office-onLy to the satisfaction-oLthe-P]anning Director if permit-, for the canopy
cannot hP, found,-the-applicant-shall-submit mans for Planning-and-Building Department
approvals. The~nnditions in this Fxhihit "R" shall he copied_onto_any such plane,
(Amended per Section 3 of City Council Resolution 96-42)
5 Prior to occupancy, the applicant shall install screening for the fire sprinkler pipe located
on the southwest corner of Building "A" subject to the review and approval of the Planning
Department.
6 Prior to occupancy, the applicant shall install a buffer area (eg landscape planter) between
parking spaces 4-6 and the handicap space to the satisfaction of the Planning Director.
7 No portion of any required front and/or side yards shall be used for storage of any type.
8 All roof top appurtenances and equipment shall adequately be screened from view to the
satisfaction of the Planning Department.
9 Driveways and parking areas shall be surfaced and improved with Portland concrete
cement or asphaltic concrete, and thereafter maintained in good serviceable condition.
10 The property shall be graded to drain to the street, but in no case shall such drainage be
allowed to sheet flow across public sidewalk. A grading and/or drainage plan shall be
prepared, submitted to and approved by the Building Official, and such grading and
drainage shall take place in accordance with such approved plan.
11 The numbers of the address signs shall be at least 6" tall with a minimum character width
of 1/4", contrasting in color and easily visible at driver's level from the street. The
location, color and size of such sign shall be subject to the approval of the Planning
Director.
12 Applicant shall obtain a public works permit for all work in or adjacent to the public
right-of-way.
Resolution 96-42
Conditional Use Permit 96-677, appeal
Page 5 of 5
13 Applicant shall install and complete all necessary public improvements, including but not
limited to street, curbs, gutters, sidewalks, handicap ramps, and storm drains, along the
entire street frontage of the development site as required by the City Engineer.
14 All ground level mechanical/utility equipment (including meters, back flow preservation
devices, fire valves and other equipment) shall be screened by screening walls and/or
landscaping to the satisfaction of the Planning Department.
15 NO OCCUPANCY will be granted until ALL IMPROVEMENTS required by this
approval have been completed, inspected, and approved by the appropriate department(s).
16 Violation of the conditions of approval may result in citation and/or initiation of revocation
proceedings.
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