PC - Item 4B - Conditional Use Permit 08-114
ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: JANUARY 20, 2009
SUBJECT: CONDITIONAL USE PERMIT 08-11
7728 GARVEY AVENUE, UNIT #4
SUMMARY
Eddie Wong of City Driving & Traffic School has submitted a Conditional Use Permit
application for the operation of a traffic school, located at 7728 Garvey Avenue, Unit #4
in the C-3 (Medium Commercial) Zone.
Environmental Determination
Section 15309 of the California Environmental Quality Act (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. Accordingly, CUP 08-11 is classified as a Class 9
Categorical Exemption pursuant to Section 15309 of CEQA guidelines.
Municipal Code Requirements
Section 17.112.020 (6) of the Rosemead Municipal Code (RMC) allows the operation of
education institutions in any zone upon the granting of a Conditional Use Permit (CUP).
Section 17.112.010 sets the following criteria that must be met:
• That the Conditional Use Permit applied for is authorized by the provisions of this
title; and
• That the granting of such Conditional Use Permit will not adversely affect the
established character of the surrounding neighborhood or be injurious to the
property or improvements in such vicinity and zone in which the property is
located; and
• That the establishment, maintenance or conduct of the use for which the
conditional use permit is sought will not, under the particular case, be detrimental
to the health, safety, morals, comfort, convenience or welfare of persons residing
or working in the neighborhood; and
Planning Commission Meeting
January 20, 2009
Paoe 3 of 12
Site & Surrounding Land Uses
The site is designated in the General Plan for Mixed-Use Residential/Commercial and
on the zoning map it is designated C-3 (Medium Commercial). The site is surrounded
by the following land uses:
North:
General Plan: Mixed-Use Residential/Commercial
Zoning: C-3 (Medium Commercial)
Land Use: Commercial
South:
General Plan:
Mixed-Use Residential/Commercial
Zoning:
P (Parking)
Land Use:
Residential
East:
General Plan: Mixed-Use Residential/Commercial
Zoning: M-1 (Light Manufacturing and Industrial)
Land Use: Auto Repair
West:
General Plan:
Mixed-Use Residential/Commercial
Zoning:
R-2 (Medium Residential)
Land Use:
Garvey Intermediate School
Administrative Analysis
The applicant is proposing to operate a traffic school at the existing two-story
commercial building. City Driving & Traffic School provides the general public with
driver education and has been operating in the City of San Gabriel for approximately 20
years.
Operations
City Driving and Traffic School provides educational driving classes which include
defensive driving and safe driving practice. The applicant is proposing to operate the
traffic school between the hours of 9:00 a.m. to 5:00 p.m., Monday through Saturday.
The school will operate with one (1) instructor and six (6) students per class. No
vehicles will be operated in conjunction with the business. All behind the wheel driver
training will be held offsite.
Parking and.Circulation
Section 17.84.080(8) of the Rosemead Municipal Code (RMC) requires that land uses
involving trade, business, professional or vocational schools, colleges, and universities
provide one (1) space per employee on the largest shift plus one (1) parking stall for
every two (2) students the school is designed to accommodate. Based on these
requirements, a total of four (4) parking spaces are required for the operation of City
Driving and Traffic School. The proposed traffic school will share parking spaces with
Planning Commission Meeting
January 20, 2009
Page 4 of 12
other retail and office businesses in the commercial building. Section 17.84.100 (A),
office and commercial buildings are parked at one parking space for each two hundred
fifty (250) square feet of floor space. As shown on the architectural drawings, included
as Exhibit "C," the existing parking lot provides a total of twenty-six (26) parking spaces.
The total number of parking spaces required for the two-story commercial building is
twenty-six (26) parking stalls. To ensure that the parking lot is not deficient in parking at
any time, staff has added a condition of approval, limiting the number of students per
class to six (6) and number of employees to one (1). Below is a parking analysis of the
site:
SQUARE
PARKING
PARKING
USE
FOOTAGE
CALCULATION
REQUIRED
Retail & Office
5,400
1 per 250 square feet
22
Proposed Traffic
600
1 per 2 students &
4
School
1 per employee
Total
6,000
26
Site Improvements
A site inspection was completed on the subject property on December 23, 2008. It was
observed at this time that several matters need attention. For this reason, staff has
included several conditions of approval that are related to property maintenance. The
maintenance items listed below will need to be addressed prior to the issuance of a
Certificate of Occupancy.
1. All landscape planters requiring rehabilitation shall be improved with new, colorful
and drought tolerant shrubs, flowers and ground covers.
2. Improvements to the existing signage onsite:
a. Remove all excess window signage on the front elevation of the
commercial building. Window signs shall cover no more than fifteen (15)
percent of window and glass door areas.
b. The existing pole sign cabinet shall be refurbished and repainted.
Remove all signage of businesses that are no longer operating in the
commercial building.
c. All unpermitted signage shall be removed. This includes free-standing
signs in the parking area, banners, building signage of businesses that are
no longer operating in the commercial building and building signs that
have been installed without the appropriate permits.
3. The existing trash enclosure doors shall be closed at all times.
4. All graffiti shall be removed.
Planning Commission Meeting
January 20, 2009
Page 2 of 12
• That the granting of such Conditional Use Permit will not adversely affect the
General Plan of the city.
Staff Recommendation
Staff recommends that the Planning Commission APPROVE Conditional Use Permit
08-11 for a period of six (6) months and adopt Resolution 09-01, subject to conditions
outlined in Exhibit "B" attached hereto.
ANALYSIS
Property History and Description
The subject property is located on the south side of Garvey Avenue, between Jackson
Avenue and Evelyn Avenue. The site has a total lot area of 13,500 square feet.
According to Building Department records, the property is currently developed with a
two-story commercial building comprised of multiple tenants, totaling approximately
6,000 square feet. The subject unit has an interior floor area of approximately 600
square feet. Planning Division records indicate that one (1) Conditional Use Permit has
been issued for this property. Conditional Use Permit 98-734 was originally approved
for the operation of a massage therapy school on February 17, 1998, and was further
extended on February 1, 1999, and on February 23, 200,0.
West Elevation
Planning Commission Meeting
January 20, 2009
Page 5 of 12 .
Conclusion
Staff feels that the proposed use is consistent with the surrounding commercial
properties and land uses in the general area, with no foreseeable negative impacts to
the surrounding properties. Staff has included several conditions of approval to
minimize potential negative impacts to the adjacent neighborhood. Furthermore, a
condition of approval has been included to limit the maximum number of students per
class and number of employees. Lastly, conditions have been included that will provide
for general property maintenance including trash storage, litter clean-up and parking lot
maintenance.
PUBLIC NOTICE PROCESS
Written notices of this public hearing were mailed to property owners within 300 feet of
the subject site, posted on-site and five (5) notices were posted in designated public
places.
Prepare
Lily Trinh
Assistant Planner
Submitted by:
Sheri Bermejo
Acting Planning Services Manager
EXHIBITS:
A. Resolution 09-01
B. Conditions of Approval
C. Site Plan & Floor Plan
D. Assessor's Parcel Map (5285-036-002)
Planning Commission Meeting
January 20, 2009
Page 6 of 12
EXHIBIT "A"
PC RESOLUTION 09-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 08-11, FOR THE
OPERATION OF A TRAFFIC SCHOOL, LOCATED AT 7728 GARVEY
AVENUE, UNIT #4, IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN:
5285-036-002).
WHEREAS, on November 24, 2008, Eddie Wong of City Driving and Traffic
School, filed a Conditional Use Permit application to operate a traffic school, located at
7728 Garvey Avenue, Unit #4; and
WHEREAS, 7728 Garvey Avenue, Unit 4, is located in the C-3 (Medium
Commercial) Zone; and
WHEREAS, Section 17.112.020(5) of the Rosemead Municipal Code (RMC)
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
Section 17.112.010 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve or deny Conditional Use Permits; and
WHEREAS, Sections 17.112.010 of the Rosemead Municipal Code specifies the
criteria by which a Conditional Use Permit may be granted; and
WHEREAS, on January 8, 2009, twenty-eight (28) 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 and on-site, specifying the availability of the application, plus
the date, time and location of the public hearing for Conditional Use Permit 08-11; and
WHEREAS, on January 20, 2009, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 08-11; 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:
Planning Commission Meeting
January 20, 2009
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SECTION 1. The Planning Commission HEREBY DETERMINES that
Conditional Use Permit 08-11 is categorically exempt from environmental review as a
Class 9 Exemption pursuant to Section 15309 of the California Environmental Quality
Act (CEQA) relative to projects consisting of inspections to check for the performance of
an operation, or for quality, health, or safety of a project. Accordingly, Conditional Use
Permit 08-11 is classified as a Class 9 Categorical Exemption pursuant to Section
15309 of CEQA guidelines.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 08-11 according to the
criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows:
A. The Conditional Use Permit applied for is authorized by the provisions of this
title and that the granting of such Conditional Use Permit will not adversely affect the
established character of the surrounding neighborhood or be injurious to the property or
improvements in such vicinity and zone in which the property,is located.
FINDING: The permit is for the operation of traffic school, which is permitted in
any zone upon the granting of a Conditional Use Permit. This site will be operated in
accordance with applicable City regulations, and is in conformity with the development
in and around the project site.
B. The establishment, maintenance or conduct of the use for which the
Conditional Use Permit is sought will. not, under the particular case, be detrimental to
the health, safety, morals, comfort, convenience or welfare of persons residing or
working in the neighborhood.
FINDING: The proposed use will not endanger or be detrimental to surrounding
properties as conditions of approval have been incorporated upon the issuance of this
permit; requiring improvements to the property, limitations to the occupancy by limiting
the maximum number of students per class to six (6) and number of employees to one
(1), and the overall maintenance of the site.
C. The establishment, maintenance, and operation of the proposed use so
applied for will not, under the circumstances of the particular case, be detrimental or
injurious to the general welfare of the City.
FINDING: The proposed use will not be detrimental or injurious to the general
welfare of the City as conditions of approval have been incorporated upon the issuance
of this permit requiring limitations of occupancy.
D. Issuance of the Conditional Use Permit is consistent with the General Plan.
FINDING: The proposed use is located within a commercial district of the City
Planning Commission Meeting
January 20, 2009
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The General Plan designation is Mixed-Use Residential/Commercial and on the zoning
map it is designated for C-3 (Medium Commercial) Zone. The proposed use is in
conformity with the General Plan and complementary to the existing businesses
surrounding the property.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 08-11, to allow the operation of a traffic school, located at 7728 Garvey Avenue,
Unit 4, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein
by reference.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on January 20, 2009, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
SECTION 5. 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 20th day of January 2009.
Daniel Lopez, Chairman
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 20th day of
January 2009, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Sheri Bermejo, Secretary
Planning Commission Meeting
January 20, 2009
Page 9 of 12
EXHIBIT "B"
CONDITIONAL USE PERMIT 08-11
7728 Garvey Avenue, Unit #4
CONDITIONS OF APPROVAL
January 20, 2009
1. Conditional Use Permit 08-11, is approved for the operation of a traffic school,
developed in accordance with the plans marked Exhibit "C", dated November 24;
2008. Any revisions to the approved plans must be resubmitted for review and
approval by the Planning Division.
2. Approval of Conditional Use Permit 08-11 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. Conditional Use Permit 08-11 is approved for a period of six (6) months from the
Planning Commission approval date. The applicant shall initiate the proposed
use, or request an extension within 30-calendar days before the expiration of the
six (6) month approval period. Otherwise, Conditional Use Permit 08-11 shall
become null and void.
4. The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved Plans where necessary.
5. Conditional Use Permit 08-11 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 Conditional Use
Permit 08-11.
6. 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
Planning Commission Meeting
January 20, 2009
Page 10 of 12
concerning the project, which action is brought within the time period provided
by law.
7. 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.
8. 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.
9. The hours of operation shall be posted on the front window or door.
10. No portion of the lot, outside of the building, shall be used for storage of any
type, unless designated and approved by the City Planner. All trash and debris
shall be contained within approved trash enclosure(s).
11. 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. Prior to occupancy, all requirements and appropriate
licenses of the State of California shall be complied with and maintained at all
times.
12. All trash, rubbish and garbage receptacles shall be regularly cleaned, and
inspected and maintained in a clean, safe and sanitary condition.
13. The numbers of the address signs shall be at least six (6) inches tall with a
minimum character width of % inch, 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 City Planner.
14. The parking area, including handicapped spaces, shall be paved and re-painted
periodically to City standards to the satisfaction of the Planning Department. In
accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated
parking venues shall be striped. Such striping shall be maintained in a clear,
visible, and orderly manner.
15. The parking space markers-including double striping, wheel stops, and
handicapped--shall be repainted periodically to city . standards and to the
satisfaction of the planning department.
16. The applicant shall maintain a minimum clearance of five (5) feet (free of any
debris, storage, furniture, etc.) from any electrical/mechanical equipment and/or
emergency exits.
Planning Commission Meeting
January 20, 2009
Page 11 of 12
17. The site shall be maintained in a clean, weed and litter free state in accordance
with Sections 8.32.010-8.32.040 of 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.
18. Conditions of approval listed on Exhibit "B" shall be copied directly onto final
development plans submitted to the Planning and Building Division for review.
19. 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.
20. The maximum number of students per class shall not exceed six (6) students
and the maximum number of employees shall not exceed one (1) employee.
21. No instructional vehicles shall be stored onsite.
22. Prior to the issuance of a Certificate of Occupancy, all landscape planters
requiring rehabilitation shall be improved with new, colorful and drought tolerant
shrubs, flowers and ground covers. All landscaped planters shall be maintained
with adequate landscaping and shall be maintained on a regular basis including
the removal of trash and litter.
23. Prior to the issuance of a Certificate of Occupancy, all improvements to the
existing signage onsite shall be completed. This includes:
a. Remove all excess window signage on the front elevation of the
commercial building (specifically, Units 1, 4, 5, 6, 7, 8 and 9). Window
signs shall cover no more than fifteen (15) percent of window and glass
door areas.
b. The existing pole sign cabinet shall be refurbished and repainted.
Remove all signage of businesses that are no longer operating in the
commercial building.
c. All unpermitted signage shall be removed. This includes free-standing
signs in the parking area (specifically, "AAA Healthy Nutrition"), banners,
building signage of businesses that are no longer operating in the
commercial building (specifically, "Guiferen") and building signs that have
been installed without the appropriate permits (specifically, "Dvon").
24. Violation of the conditions of approval may result in citation and/or the initiation
of revocation proceedings.
EXHIBIT "C"
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January 20, 2009
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