PC - Item 3B - Conditional Use Permit 17-06 3505 Hart Avenue, Suite 124 Staff Report0 5 M q ROSEMEAD PLANNING COMMISSION
STAFF REPORT
N��RPORATEU 1459
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: JULY 17, 2017
SUBJECT: CONDITIONAL USE PERMIT 17-06
3505 HART AVENUE, SUITE 124
Summary
Kenneth Yong has submitted a Conditional Use Permit application to establish a satellite
campus for the Rosemead Beauty School (trade school use) at 3505 Hart Avenue, Suite
124. The project site is located in a Medium Commercial with Design Overlay (C -3/D-0)
zone. The proposed project would not increase the floor area of the existing commercial
building. Approval of a Conditional Use Permit is required to establish a trade school use
within a Medium Commercial zone.
Environmental Determination
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 17-
06 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of
California Environmental Quality Act guidelines:
Staff Recommendation
It is recommended that the Planning Commission ADOPT Resolution No. 17-14 with
findings (Exhibit "A"), and APPROVE Conditional Use Permit 17-06, subject to the 23
conditions outlined in Attachment "A" attached hereto.
Property History and Description
The subject site is identified as the Rosemead Place Shopping Center, on the southeast
corner of Rosemead Boulevard and Marshall Street. According to the Los Angeles
County Assessor's records, the site consists of several parcels totaling approximately
twenty-six (26) acres.
Planning Commission Meeting
July 17, 2017
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According to the Building and Safety Division records, the property is currently developed
with nine (9) commercial buildings occupied variously by single or multiple tenants, which
include restaurants, offices, retail stores, a UPS store, and a health club. The proposed
beauty school would be occupying Suite 124 of an existing multi -tenant office building
located on the south east corner of the Rosemead Place Shopping Center.
According to Planning Division records, several entitlements for design reviews, zone
variances, zone changes, tentative parcel maps, and conditional use permits have been
processed since 1965.
Front Elevation and Entrance to Suite 124 (Existing)
Site and Surrounding Land Uses
The project site is designated in the General Plan as Commercial and on the zoning map
as Medium Commercial with Design Overlay (C -3/D-0) zone. The site is surrounded by
the following land uses:
North:
General Plan: Low Density Residential
Zoning: Single -Family Residential (R-1)
Land Use: Residential
South:
General Plan: San Bernardino (1-10) Freeway
Zoning: San Bernardino (1-10) Freeway
Land Use: San Bernardino (1-10) Freeway
East:
General Plan: Low Density Residential
Zoning: Single -Family Residential (R-1)
Land Use: Landscaping and Residential
Planning Commission Meeting
July 17, 2017
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West:
General Plan:
Zoning:
Land Use:
Commercial
Medium Commercial with a Design Overlay (C -3/D-0) and
Planned Development (P -D)
Commercial
Administrative Analysis
Rosemead Beauty School has been in operation since 2007 at 8531 Valley Boulevard.
Due to the number of attendance at the main campus, the applicant is proposing a satellite
campus for the Rosemead Beauty School. As illustrated in Exhibit "B",the satellite
campus for the Rosemead Beauty School (trade school use) is located in Suite 124 on
the first floor of an existing office building within the Rosemead Place Shopping Center.
The instructors of the satellite campus for the Rosemead Beauty School would provide
training to students on cosmetology, skin care, manicuring, and massage therapy. The
proposed satellite campus for the Rosemead Beauty School would not be providing any
beauty services to the public at this location. Approval of a Conditional Use Permit is
required to establish the trade school use within a Medium Commercial (C-3) zone.
Hours of Operation
The applicant has proposed the following hours of operation:
Sunday —
Closed
Monday —
Closed
Tuesday —
8:30 a.m.
to 5:00 p.m.
Wednesday —
8:30 a.m.
to 5:00 p.m.
Thursday —
8:30 a.m.
to 5:00 p.m.
Friday -
8:30 a.m.
to 5:00 p.m.
Saturday —
8:30 a.m.
to 5:00 p.m.
Floor Plan
The applicant is proposing an interior tenant' improvement to the existing 2,820 square
feet commercial unit. The proposed floor plan consists of a lobby, reception area, three
classrooms, one office, one file room, locker areas, one lunch room, and one circuit room.
Off -Street Parking
Per Rosemead Municipal Code, Table 17.112.040.1, a shopping center with more than
four (4) tenants is parked at the following ratios:
• Centers with up to 100,000 square feet of floor area: 1 parking space per 250
square feet; and
• Centers with over 100,000 square feet of floor area: 1 parking space per 280
square feet.
Planning Commission Meeting
July 17, 2017
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The subject shopping center holds more than four (4) tenants and consists of 409,282
square feet of floor area. As such, the subject shopping center requires a minimum of one
(1) parking space per 280 square feet of floor area. A minimum of 1,462 parking spaces
is required for the subject shopping center. Accordingly, the shopping center has provided
1,659 parking spaces. Based on this ratio, the shopping center has a surplus of 197
parking spaces.
The subject unit consists of approximately 2,820 square feet of floor area. Based on the
applicable parking ratio, a minimum of ten parking spaces are required for the subject
unit. Due to the surplus in parking, the property management company has authorized
the satellite campus for the Rosemead Beauty School an additional 19 parking spaces.
Per Rosemead Municipal Code, Section 17.112.040, trade school use is parked at the
following ratio:
1 parking space per 2 students; plus
1 parking space per 1 employee
The applicant has proposed to maintain a maximum of four employees and 50 students
at all times. As such, the proposed project would require a minimum of 29 parking spaces.
Off -Street Parking Analysis
Largest Number of
Persons at All
Times
Parking Spaces
Required
Parking Spaces
Provided
Employees
4
4
4
Students
50
25
25
Total
54
29
29
A condition of approval has been recommended to limit the maximum number of students
and employees occupying the beauty school at any given time.
Municipal Code Requirements
Per Rosemead Municipal Code; Section 17,16.020, approval of a Conditional Use Permit
is required for a trade school use within a Medium Commercial (C-3) zone.
Per Rosemead Municipal Code, Section 17.132.040, all of the following findings shall be
made by the Planning Commission in conjunction with the approval of a Conditional Use
Permit:
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July 17, 2017
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A. Approval of the application will not be or 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 project site is located within an established commercial corridor of the City.
Conditions of approval will add protection for the public health, safety, and general
welfare. As such, the project will not create any foreseeable significant negative
impacts to the vicinity of the project site.
B. The use is consistent with the General Plan.
The Land Use Element of the General Plan aims to concentrate commercial and
industrial businesses in established commercial, office, and industrial districts.
Accordingly, the use will be located within an established commercial corridor.
C. The use is consistent with the provisions of this Zoning Code.
The use is consistent with the applicable provisions of the Zoning Code. The
project has satisfied all of the applicable minimum requirements 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 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 17-06 is classified as a Class
1 Categorical Exemption, pursuant to Section 15301 of California Environmental
Quality Act 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 project does not include any new development. The scope of work is limited
to only interior tenant improvements.
Public Notice Process
This item has been noticed through the regular agenda notification process which
includes a 300 -foot radius public hearing notice to 84 property owners, publication in the
Rosemead Reader on July 6, 2017, and postings of the notice at the six public locations
and on the subject site.
Planning Commission Meeting
July 17, 2017
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Prepared by:
I
Annie Lao
Assistant Planner
Submitted by:
44
Lily T. Valenzuela
Interim Community Development Director
EXHIBITS:
A. Planning Commission Resolution 17-14 with Conditions of Approval
B. Site Plan and Floor Plan (Dated June 22, 2017)
C. Assessor Parcel Map (APN: 8594-023-046)
Planning Commission Meeting
July 17, 2017
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EXHIBIT "A"
PC RESOLUTION 17-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 17-06, PERMITTING THE
ESTABLISHMENT OF A SATELLITE CAMPUS FOR THE ROSEMEAD
BEAUTY SCHOOL (TRADE SCHOOL USE) AT 3505 HART AVENUE,
SUITE 124 (APN: 8594-023-046), IN A -MEDIUM COMMERCIAL WITH
DESIGN OVERLAY (C -3/D -O) ZONE
WHEREAS, on May 16, 2017, Kenneth Yong submitted a Conditional Use Permit
application; a request to establish a satellite campus for the Rosemead Beauty School
(trade school use) at 3505 Hart Avenue, Suite 124;
WHEREAS, 3505 Hart Avenue, Suite 124 is located in a Medium Commercial with
Design Overlay (C -3/D-0) zoning district;
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 6, 2017, 84 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 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 17-06;
WHEREAS, on July 17, 2017, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use
Permit 17-06; 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
July 17, 2017
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SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional
Use Permit 17-06 is classified as a Class 1 Categorical Exemption, pursuant to Section
15301 of the California Environmental Quality Act guidelines. 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.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Conditional Use Permit 17-06, in accordance with
Section 17.132.040 of the Rosemead Municipal Code as follows:
A. Approval of the application will not be or 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 project site is located within an established commercial corridor of
the City. Conditions of approval will add protection for the public health, safety, and
general welfare. As such, the project will not create any foreseeable significant negative
impacts to the vicinity of the project site.
B. The use is consistent with the General Plan.
FINDING: The Land Use Element of the General Plan aims to concentrate
commercial and industrial businesses in established commercial, office, and industrial
districts. Accordingly, the use will be located within an established commercial corridor.
C. The use is consistent with the provisions of this Zoning Code.
FINDING: The use is consistent with the applicable provisions of the Zoning Code.
The project has satisfied all of the applicable minimum requirements 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 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 17-06 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301
of California Environmental Quality Act guidelines.
Planning Commission Meeting
July 17, 2017
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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 project does not include any new development. The scope of work
is limited to only interior tenant improvements.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 17-06, permitting the establishment of a satellite campus for the Rosemead Beauty
School (trade school use) at 3505 Hart Avenue, Suite 124, and subject to the conditions
listed in Attachment "A", attached hereto and incorporated herein by reference.
SECTION 4. This action shallbecome final and effective ten 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 July 17, 2017, by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
SECTION 6. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the applicants and the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 17th day of July, 2017.
Chair
Planning Commission Meeting
July 17, 2017
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 17th day of July,
2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Lily T. Valenzuela, Secretary
APPROVED AS TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
July 17, 2017
Pape 11 of 14
ATTACHMENT "A"
(PC RESOLUTION 17-14)
CONDITIONAL USE PERMIT 17-06
3505 HART AVENUE, SUITE 124`
(APN 8594-023-046)
CONDITIONS OF APPROVAL
JULY 17, 2017
Standard Conditions of Approvals
1. Conditional Use Permit 17-06 ("Project") is approved for the establishment of a
satellite campus for the Rosemead Beauty School (trade school use) at 3505 Hart
Avenue, Suite 124, in accordance with the plans marked Exhibit "B", dated June
22, 2017. 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 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.
Planning Commission Meeting
July 17, 2017
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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 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 applicant(s) 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.
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.
Planning Commission Meeting
July 17, 2017
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16. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Project Specific Conditions of Approval
17. Hours of operation shall be limited from 8:30 a.m. to 5:00 p.m., daily.
18. A maximum of 50 students and 4 employees may occupy the satellite campus for
the Rosemead Beauty School (trade school use) at any given time.
19. Adequate lighting shall be maintained inside the satellite campus for the
Rosemead Beauty School and in the parking areas.
20. The operation of the satellite campus for the Rosemead Beauty School (trade
school use) shall be solely for the purpose of providing instruction and training.
21. The operators of the satellite campus for the Rosemead Beauty School (trade
school use) shall allow access to all areas and uses of the trade school to law
enforcement and code enforcement personnel at any time deemed necessary by
the City for the purpose of inspecting the premise to verify compliance with the
conditions of approval, local ordinances, and any other applicable laws.
Building and Safety Conditions of Approval
22. Prior to occupancy, the applicant shall submit a commercial tenant improvement
plan with plumbing and mechanical details to the Building and Safety Division.
23. A field inspection shall be conducted to verify the current layout of the unit.
Planning Commission Meeting
July 17, 2017
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