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PC - Item 3D - Conditional Use Permit 15-04 v s " a ROSEMEAD PLANNING COMMISSION � STAFF REPORT DIIED FE DE ��o�es9 TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: OCTOBER 19, 2015 SUBJECT: CONDITIONAL USE PERMIT 15-04 3303 DEL MAR AVENUE Summary San Fernando Music Inc. has submitted a Conditional Use Permit application requesting approval for a new music and dance school located at 3303 Del Mar Avenue, Unit B, 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, Conditional Use Permit 15-04 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. Staff Recommendation It is recommended that the Planning Commission ADOPT Resolution No. 15-16 with findings (Exhibit "A"), and APPROVE Conditional Use Permit 15-04, subject to the 19 conditions outlined in Attachment "A" attached hereto. Property History & Description The subject site is located on the west side of Del Mar Avenue, between Hershey Street and Dorothy Street. According to the Los Angeles County Assessor's records, the site totals approximately 9,214 square feet. According to the Building and Safety Division records, the property is currently developed with a two-story commercial building, totaling 3,745 square feet (1,092 square feet on first floor and 2,653 square feet on second floor). Planning Commission Meeting October 19,2015 Page 2 of 14 p - ,T,•--rivz.,:q:7,,t. a • r iia, East Elevation Site & Surrounding Land Uses The site is designated in the General Plan for Commercial and on the zoning map it is designated for C-3 (Medium Commercial). The site is surrounded by the following land uses: North General Plan: Commercial Zoning: C-3(Medium Commercial) Land Use: Commercial South: General Plan: Commercial Zoning: C-3(Medium Commercial) Land Use: Residential East: General Plan: Commercial Zoning: C-3 (Medium Commercial) Land Use: Commercial West: General Plan: Medium Density Residential Zoning: R-2(Light Multiple Residential) Land Use: Residential Administrative Analysis The applicant is proposing to operate San Fernando Music School at the subject location in Unit B. San Fernando Music School will provide private lessons in musical and dance instruction. The largest session at one time will consist of three (3) classes of seven (7) students and three (3) instructors. The hours of operation would be from 5:00 p.m. to 9:00 p.m., Monday through Friday and from 10:00 a.m. to 5:00 p.m. on Saturday. Planning Commission Meeting October 19,2015 Page 3 of 14 San Fernando Music, Inc. has 35 years of experience in teaching the art of music in California and Nevada. San Fernando Music School will provide private lessons in music and dance instruction. San Fernando Music School originally operated in the City of Rosemead in 2007 at 2409 San Gabriel Boulevard. In 2011, San Fernando Music School requested to expand their music school into another unit, however, was denied do to parking constraints and eventually re-located to a classroom at Duff School. According to the applicant, their lease was not renewed by the Garvey School District. For this reason, they are proposing to re-locate to the subject site. The tenant space consists of 2,653 square feet of floor area. The floor plan includes a reception area, four (4) classrooms, two (2) offices, two storage rooms, a break room, and three (3) restrooms. Parking and Circulation The proposed number of instructors and students is limited by the available parking onsite. According to the site plan, there are 18 parking spaces available. Of the 18 spaces, 4 spaces are required on the first floor and 14 parking spaces are available for the second floor. Table 17.112.040.1 of the Rosemead Municipal Code (RMC) requires that land uses involving trade school, business college, or tutoring facility to provide one (1) space per two (2) students plus one (1) per employee the school on the largest shift. Based on these requirements, a total of 14 parking spaces are required for the operation of this music and performing arts school. The existing development was calculated using the City's commercial parking requirement of one (1) space per 250 square feet of floor area. The existing development requires a total of 15 parking spaces, however, was developed with 18 parking spaces. The proposed use would not require additional parking than what was originally planned for the development as the development provides a surplus of three (3) parking stalls. The following table provides a comparison of the two parking requirements. COMPARISON OF PARKING REQUIREMENTS Existing: sr �g 2 at o" vro r w r- rr sx %� ''�it'n1iT``�2 7I - i p,nrl '*�. i _ tE f1� <rEr r y, tom` ��af iIIt �iYl: 4 la! F'-+'' 'r td a:w i'A t`L :.,? Ca'7w�'''�'tA.6u * L"St er me P,ci+, 11Ye l a A 1 space per 1,092 SF 4 Retail/Office 250 square N/A feet of floor 2,653 SF 11 area Total Number of Parking Spaces Required 15 Planning Commission Meeting October 19,2015 Page 4 of 14 Proposed: t t Hi I):� . , 11 -ri �S&] rs.Uia .Y .3Stlr.$i,- , . Co- rsik- r 1 space per Retail/Office A 250 square 1,092 SF N/A 4 feet of floor area 1 parking space per Education B employee 2,653 SF 21 students and 3 14 Facility and 1 space employees for each 2 students Total Number of Parking Spaces Required 18 Student Pick-up and Drop-off Staff has incorporated conditions of approval to ensure that proper student pick-up and drop-off procedures are established. Students will be required to be escorted in and out of the facility by their parent or guardian to ensure their safety. A condition of approval also requires parents to leave the premise after drop-off. In addition, vehicles of parents' and guardians' shall not be permitted to idle in drive aisles at any time, so that onsite circulation is not impacted. Staff's Inspection Staff's site inspection revealed that the school has been operating without City permits or a business license. The applicant and property owner are aware of the violation. In addition, the applicant has installed a sign on the front elevation without Planning Division approval. Since the applicant has submitted an application to the Planning Division, no code enforcement action has been taken, however, conditions of approval have been incorporated, requiring the applicant to obtain a business license and submit a sign plan for Planning Division approval. Municipal Code Requirements Per Rosemead Municipal Code, Section 17.132.010, the purpose of a Conditional Use Permit is to provide for uses that have a potential for adverse impacts on surrounding properties, residents, or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts to insure they are not detrimental to surrounding property. Per Rosemead Municipal Code, Section 17.132.040, a Conditional Use Permit may be issued only after a public hearing before the Planning Commission. The Planning Commission shall also find that the establishment, maintenance, or operation of the use so applied for will not, under the circumstances of the particular case, be detrimental to Planning Commission Meeting October19,2015 Page 5 of 14 the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. All of the following findings shall be made by the Planning Commission in conjunction with the approval of a Conditional Use Permit: A. 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. The proposed music and dance school 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 as conditions of approval have been incorporated. To prevent any unforeseeable impacts to the available parking within commercial center, a condition of approval sets limits on the maximum number of students and instructors permitted onsite during each instructional period. Furthermore, the applicant proposes a student drop-off and pick-up plan that requires parents and guardians to escort students from their parked car to the music and dance school. A condition of approval will prohibit parents from leaving their cars idle in the parking lot drive aisles, so that onsite circulation is not impacted. B. The use is consistent with the General Plan. The General Plan Land Use Designation of the subject site is Commercial. The proposed music and dance school is located on a lot designated as Commercial. The Land Use Element and Plan maintains, enhances, and invigorates commercial development by concentrating commercial businesses in established commercial districts. Accordingly, the music and dance school is a commercial use. C. The use is consistent with the provisions of this Zoning Code. Per Table 17.16.020.1 of the Rosemead Municipal Code, a Conditional Use Permit is required to establish a music and dance school (more than 2,000 square feet) within the C-3 (Medium Commercial) zone. As conditioned, the proposed music and dance school will be operated in consistent with the provisions of the Zoning Code. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. Section 15309 of the California Environmental Quality Act exempts projects that consist of inspections to check for the performance of an operation, or for quality, Planning Commission Meeting October 19,2015 Page 6 of 14 health, or safety of a project. Accordingly Administrative Use Permit 15-04 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. E. 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. The applicant is not proposing any interior or exterior improvements to the building. The existing building is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. Public Notice Process This item has been noticed through the regular agenda notification process, which includes a 300-foot radius public hearing notice to sixty-two (62) property owners, publication in the Rosemead Reader on October 8, 2015, and postings of the notice at the six (6) public locations and on the subject site. Prepared by: Su�b�mi�ttte�d(/by: Lily T. Valenzuela Michelle Ramirez ThAjtiaj Associate Planner Community Development Director EXHIBITS: A. Planning Commission Resolution 15-16 with Attachment"A"(Conditions of Approval) B. Site Plan and Floor Plan C. Assessor Parcel Map (AIN: 5286-030-034) Planning Commission Meeting October19,2015 Page 7 of 14 EXHIBIT "A" PC RESOLUTION 15-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 15-04, TO OPERATE SAN FERNANDO MUSIC SCHOOL, LOCATED AT 3303 DEL MAR AVENUE IN THE C-3 (MEDIUM COMMERCIAL) ZONE (AIN:5286-030-034). WHEREAS, on June 10, 2015, Sandra Dan of San Fernando Music Inc. filed a Conditional Use Permit application, requesting to operate San Fernando Music School at 3303 Del Mar Avenue, Unit B; and WHEREAS, 3303 Del Mar Avenue, Unit B, is located in the C-3 (Medium Commercial) zone; and WHEREAS, Table 17.16.020.1 of the Rosemead Municipal Code permits the establishment of a music and dance school (more than 2,000 square feet) within the C- 3 (Medium Commercial) zone upon the granting of a Conditional Use Permit; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Sections 17.132.040 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve, or disapprove a conditional use permit application; and WHEREAS, on October 8, 2015, sixty-two (62) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices 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 15-04, and on October 8, 2015, the notice was published in the Rosemead Reader; and WHEREAS, on October 19, 2015, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 15-04; 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 15-04 is Categorically Exempt under Class 9 of Section 15309 Planning Commission Meeting October19,2015 Page B of 14 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of inspections to check for the performance of an operation, or the quality, health, and safety of a project from environmental review. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 15-04 according to the criteria of Section 17.132.040 of the Rosemead Municipal Code as follows: A. 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. FINDING: The proposed music and dance school 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 as conditions of approval have been incorporated. To prevent any unforeseeable impacts to the available parking within commercial center, a condition of approval sets limits on the maximum number of students and instructors permitted onsite during each instructional period. Furthermore, the applicant proposes a student drop-off and pick-up plan that requires parents and guardians to escort students from their parked car to the music and dance school. A condition of approval will prohibit parents from leaving their cars idle in the parking lot drive aisles, so that onsite circulation is not impacted. B. The use is consistent with the General Plan. FINDING: The General Plan Land Use Designation of the subject site is Commercial. The proposed music and dance school is located on a lot designated as Commercial. The Land Use Element and Plan maintains, enhances, and invigorates commercial development by concentrating commercial businesses in established commercial districts. Accordingly, the music and dance school is a commercial use. C. The use is consistent with the provisions of this Zoning Code. FINDING: Per Table 17.16.020.1 of the Rosemead Municipal Code, a Conditional Use Permit is required to establish a music and dance school (more than 2,000 square feet) within the C-3 (Medium Commercial) zone. As conditioned, the proposed music and dance school will be operated in consistent with the provisions of the Zoning Code. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. FINDING: Section 15309 of the California Environmental Quality Act exempts projects that consist of inspections to check for the performance of an operation, or for Planning Commission Meeting October 19,2015 Page 9 of 14 quality, health, or safety of a project. Accordingly Administrative Use Permit 15-04 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. E. 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. FINDING: The applicant is not proposing any interior or exterior improvements to the building. The existing building is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 15-04 for the establishment of San Fernando Music School, located at 3303 Del Mar 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 October 19, 2015, by the following vote: YES: NO: ABSENT: ABSTAIN: 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 19`" day of October, 2015. John Tang, Chair • Planning Commission Meeting October 19,2015 Page 10 of 14 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 19`h day of October, 2015, by the following vote: YES: NO: ABSENT: ABSTAIN: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting October19,2015 Page 11 of 14 ATTACHMENT "A" CONDITIONAL USE PERMIT 15-04 3303 DEL MAR AVENUE (AIN: 5286-030-034) CONDITIONS OF APPROVAL October 19, 2015 1. Conditional Use Permit 15-04 is approved for the establishment of San Fernando Music School, in accordance with the plans marked Exhibit "B", dated June 10, 2015. Any 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 Conditional Use Permit 15-04 shall not take effect for any purpose until the applicants have 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. 5. The on-site public hearing notice posting shall be removed by the end of the 10- day appeal period of Conditional Use Permit 15-04. 6. Conditional Use Permit 15-04 is approved for a period of one (1) year. The applicant 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 Conditional Use Permit 15-04 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. Planning Commission Meeting October 19,2015 Page 12 of 14 8. Conditional Use Permit 15-04 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 15-04. 9. The applicants 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. 10. 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. 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. 12. All applicable business license requirements shall be complied with at all times. 13. Any exterior signage shall be subject to the requirements of the Rosemead Municipal Code and the review and approval of the Planning Division prior to installation. Window signs shall cover no more than fifteen (15) percent of any window. All commercial on-premise signs shall identify the type of business in the English language. 14. Lighting on the subject site shall be maintained in excellent condition during the hours of operation, to the satisfaction of the Planning Division and Public Safety Department. 15. The hours of operation for instructional services shall be limited to 5:00 p.m. to 9:00 p.m., Monday through Friday and from 10:00 a.m. to 5:00 p.m. on Saturday. The hours of operation shall be posted on the front window or door. Planning Commission Meeting October 19,2015 Page 13 of 14 16. The maximum number of students and employees present during any given study session shall be limited to 21 students and three (3) instructors. The applicant shall provide a five-minute transition period between classes to allow for passage of students into and out of the site. 17. No vehicles associated with the music and dance school shall be stored onsite. 18. The proposed music and dance school shall require all parents and guardians to escort their children from their parked car to the center. The vehicles of parents' and guardians' shall not be permitted to idle in drive aisles at any time. All driveway entrances and exits shall remain open and unobstructed at all times. 19. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Planning Commission Meeting October19,2015 Page 14 of 14 EXHIBIT "C" 5286 3O 30,rila .�, ��..��.�,�`"""�" — e .•.. 2DO7•2z ° i i I . II III II I DEL MAR AVE. _� •• •� ^9 NO c-mutt• �a atom • i2070 Pu zsa - 73 TM^sT• =o = s MB 1317 - l PG H °D••• s. n 818 1 v - .-4�vr • .s 2 PM 203 a o O 1 r • z� --o ©%1V cnoz o c j o i o 0 0 + L MB o- T a SUBJECT SITE a VcLYN ems u