PC - Item 3A - Conditional Use Permit (CUP) 22-01 - 2111 San Gabriel Boulevard, Unit FTO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: AUGUST 1, 2022
SUBJECT: CONDITIONAL USE PERMIT 22-01
2111 SAN GABRIEL BOULEVARD, UNIT F
1111 11 _7_
Lai C. La has submitted a Conditional Use Permit application, requesting to establish a
massage services use located at 2111 San Gabriel Boulevard, Unit F (APN: 5279-008-
032), in the Medium Commercial (C-3) zone. The proposed project would not increase
the floor area of the existing building. Per Rosemead Municipal Code Section 17.16.020,
approval of a Conditional Use Permit is required in order to establish a massage services
use within a C-3 zone.
Class 1 of Section 15301 of the California Environmental Quality Act guidelines exempts
projects consisting of the operation, repair, maintenance, permitting, leasing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of existing or former use.
Accordingly, Conditional Use Permit 22-01 is classified as Class 1 Categorical Exemption
pursuant to Section 15301 of the California Environmental Quality Act guidelines.
It is recommended that the Planning Commission ADOPT Resolution No. 22-04 with
findings (Exhibit "A"), and APPROVE Conditional Use Permit 22-01, subject to the 27
conditions outlined in Attachment "A" attached hereto.
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The project site is located at the northwest corner of San Gabriel Boulevard and Potrero
Grande Drive. The project area consists of one parcel totaling approximately 40,440
square feet. According to Building and Safety Division Records, the shopping center was
developed in 1987 and consists of two separate buildings. The first building is
approximately 2,777 square feet and the second building is a 9,520 square -foot multi -unit
Planning Commission Meeting
August 1, 2022
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commercial building. According to business license records, there are seven existing
businesses, that includes a dry-cleaner, beauty salon, laundromat, two restaurants, an
administrative office, and a dental office.
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Site and Surrounding Land Vises
The project site is designated in the General Plan as Mixed -Use: Industria!/Commercial
and on the zoning map as a Medium Commercial (C-3) zone. The site is surrounded by
the following land uses:
North
General Plan: Mixed -Use: Industrial/Commercial
Zoning: Medium Commercial (C-3)
Land Use: Commercial
South
General Plan: Unincorporated Los Angeles County
Zoning: Unincorporated Los Angeles County
Land Use: Residential
East
General Plan: Mixed -Use: Industrial/Commercial
Zoning: Medium Commercial (C-3)
Land Use: Residential and Vacant
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August 1, 2022
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West
General Plan: Low Density Residential
Zoning: Single -Family Residential (R-1)
Land Use- Residential
DISCUSSION
Project Description
As illustrated in Exhibit "B", the applicant is proposing to operate a massage
establishment at 2111 San Gabriel Boulevard, Unit F, which is located within the existing
shopping center. The applicant is proposing to operate the massage establishment from
8:00 a.m. to 10:00 p.m., daily. The massage establishment will provide services such as
foot and body, deep tissue, Swedish, and occasional hot stone massage therapy, which
involves heating stones and rubbing them on the customer's back. The massage
establishment will be operated by two employees who will be performing tasks such as
providing massage services to customers, cleaning the establishment, and replacing and
washing soiled towels and linens.
Public Safety
After reviewing statistics pertaining to crime and calls for service related to the project site
and corresponding reporting districts from January 1, 2020 through May 31, 2022, the
Chief of Police did not note concerns associated with the proposed establishment. The
Public Safety Department (Chief of Police and Code Enforcement Division) has also
reviewed the floor plan and security plan and did not have any concerns with the proposed
layout. A copy of the security plan can be found in Exhibit "D". The Chief of Police
recommended the following conditions of approval be incorporated:
• The massage establishment shall maintain a 24-hour video surveillance recording
system, which includes coverage of the following areas:
o Patron and employee arrival and departure;
o Immediate and adjoining parking areas;
o Entire exterior perimeter;
o Office and cashier areas; and
o General floor area.
• The video surveillance shall be stored for a minimum of 30 days and be made
available to law enforcement and code enforcement upon request.
The parking lot and exterior of the business shall maintain good lighting during
hours of darkness.
Site Plan
The applicant is not proposing any exterior modifications to the existing commercial site.
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August 1, 2022
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Floor Plan
The applicant is proposing a commercial tenant improvement to the existing 783 square -
foot space. The proposed floor plan will consist of a reception and waiting area, three
massage rooms, a restroom, a shower and dressing room, and a storage area for soiled
towels and linens.
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Planning Commission Meeting
August 1, 2022
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Per Rosemead Municipal Code, Section 17.112.040, 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.
The subject shopping center consists of 9 individual commercial units for a total of 12,297
square feet of gross floor area. Because the shopping center is less than 100,000 square
feet in floor area, the parking requirement is one (1) parking space per each 250 square
feet, or 49 total parking spaces. The shopping center currently provides 50 parking
spaces. Since the proposed project would not increase the total floor area of the shopping
center, additional parking would not be required.
Site Improvements
Staff conducted a site visit on May 16, 2022 and found that the existing parking lot is in
need of maintenance (i.e. resurfacing and striping) and the signage for the street number
is dilapidated. Staff has initiated a request with the Code Enforcement Division for
property maintenance to have the property owner maintain the parking lot and replace
the street number signage.
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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
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 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.
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August 1, 2022
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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 recommended by the Chief of Police have
been included 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.
B. The use is consistent with the General Plan.
The General Plan Land Use Designation for the property is Mixed -Use:
Industrial/Commercial, which accommodates light industry, research and
development, and office uses. The emphasis is on businesses that provide career -
oriented and trade jobs. Commercial uses should be limited to those that support
the primary industrial and office uses. Accordingly, the use will be located within
an existing commercial development within an established commercial corridor.
Furthermore, the project is in the C-3 zone, which is consistent with the Mixed -
Use: Industrial/Commercial land use designation as noted in Table 2-5 in the City's
General Plan.
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 massage services use within the C-3 (Medium
Commercial) zone. The use is consistent with the applicable provisions of the
Zoning Code. As conditioned, the massage establishment will be operated
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.
Class 1 of Section 15301 of the California Environmental Quality Act guidelines
exempts projects consisting of the operation, repair, maintenance, permitting,
leasing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no
expansion of existing or former use. Accordingly, Conditional Use Permit 22-01 is
classified as a Class 1 Categorical Exemptions pursuant to Section 15301 and of
the 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 and exterior signage.
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August 1, 2022
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PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300 -foot radius public hearing notice to 107 property owners, publication in the
Rosemead Reader on July 21, 2022, and postings of the notice at the six public locations
and on the subject site.
Prepared by: Reviewed by:
Kinson Wong Lily Valenzuela
Assistant Planner Planning &Economic Development Manager
m
itt by:
S
Interim Director of Community Development
EXHIBITS:
A. Planning Commission Resolution 22-04
B. Site Plan and Floor Plan (Dated July 11, 2022)
C. Assessor Parcel Map (APN: 5279-008-032)
D. Security Plan
E. Map of Massage Establishments
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August 1, 2022
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 22-01 FOR THE OPERATION
OF A MASSAGE SERIVCES USE. THE SUBJECT SITE IS LOCATED AT
2111 SAN GABRIEL BOULEVARD, UNIT F (APN: 5279-008-032), IN A
MEDIUM COMMERCIAL (C-3) ZONE.
WHEREAS, on May 2, 2022, Lai C. La submitted a Conditional Use Permit
application, requesting to establish a massage services use at 2111 San Gabriel
Boulevard, Unit F;
WHEREAS, 2111 San Gabriel Boulevard, Unit F is located in a Medium
Commercial (C-3) 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 17.120.110 of the Rosemead Municipal Code authorize the Planning Commission
to approve changes to development or new use authorized through a permit granted in
compliance with the zoning code;
WHEREAS, on July 21, 2022, one hundred seven (107) 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 22-01;
WHEREAS, on August 1, 2022, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use
Permit 22-01; 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 1.1 The Planning Commission HEREBY DETERMINES that Conditional
Use Permit 22-01 is Categorically Exempt under Class 1 of Section 15301 of the
California Environmental Quality Act (CEQA) guidelines. Class 1 of Section 15301
exempts projects consisting of the operation, repair, maintenance, permitting, leasing,
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August 1, 2022
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licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of existing or
former use.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Conditional Use Permit 22-01, 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 ensure that the public health, safety, and general
welfare would be protected. Conditions recommended by the Chief of Police have been
included 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.
B. The use is consistent with the General Plan.
FINDING: The General Plan Land Use Designation for the property is Mixed -Use:
Industrial/Commercial, which accommodates light industry, research and development,
and office uses. The emphasis is on businesses that provide career -oriented and trade
jobs. Commercial uses should be limited to those that support the primary industrial and
office uses. Accordingly, the use will be located within an existing commercial
development within an established commercial corridor. Furthermore, the project is in the
C-3 zone, which is consistent with the Mixed -Use: Industrial/Commercial land use
designation as noted in Table 2-5 in the City's General Plan.
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 massage services use within the C-3 (Medium
Commercial) zone. The use is consistent with the applicable provisions of the Zoning
Code. As conditioned, the massage establishment will be operated 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: Class 1 of Section 15301 of the California Environmental Quality Act
guidelines exempts projects consisting of the operation, repair, maintenance, permitting,
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August 1, 2022
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leasing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of existing or
former use. Accordingly, Conditional Use Permit 22-01 is classified as Class 1 Categorical
Exemption pursuant to Section 15301 of the 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.
FINDING: The project does not include any new development. The scope of work
is limited to only interior tenant improvements and exterior signage.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 22-01, permitting the operation of a massage services use at 2111 San Gabriel
Boulevard, 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 1, 2022, 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 applicant and the Rosemead City Clerk.
-SPASSED, APPROVED, and ADOPTED this 1st day of August, 2022!
Chair
Planning Commission Meeting
August 1, 2022
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1" 2 1 :4 ff a DEAN HOW
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 1st day of August
20223 by the following vote:
AYES:
•
Stan Wong, Secretary
F.111 U U Z190 :4 N A • V JA I
Stephanie Gutierrez, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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August 1, 2022
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ATTACHMENT "A"
(PC RESOLUTION 22-04)
COftDITIONAL USE PERMIT 22-01
2111 SAN GABRIEL BOULEVARD, UNIT F
(APN: 5279-008-032)
CONDITIONS OF APPROVAL
AUGUST 1, 2022
Standard Conditions of Approval
1 Conditional Use Permit 22-01 ("Project") is approved for the establishment of a
massage services use located at 2111 San Gabriel Boulevard, Unit F, in
accordance with the plans marked Exhibit "B", dated July 11, 2022. 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 of approval listed on this exhibit shall be copied directly onto any
development plans submitted to the Planning and Building Divisions. The applicant
shall ensure that all conditions of approval have been met and are in full force prior
to the issuance of a building permit or Certificate of Occupancy as determined by
the Director of Community Development.
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 approval is valid for one (1) year from the Planning Commission approval
date. The entitlement shall not be deemed exercised until a building permit has
been issued and the project has commenced construction ("break ground"), or has
commenced permitted use in compliance with the conditions of approval. If said
entitlement is not exercised or a time extension has not been granted during this
time frame, this approval shall automatically expire without further action by the
City. Request for time extension shall be submitted to the Planning Division within
30 calendar days prior to expiration. If Project has been unused, abandoned, or
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August 1, 2022
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discontinued for a period of one (1) year, this entitlement approval 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 by 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.
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August 1, 2022
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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. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
17. The site shall be maintained in a graffiti -free state. Any graffiti shall be removed
within twenty-four (24) hours.
18. The site shall be maintained in a clean, weed and litter free state.
19. 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.
20. 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.
21. The massage establishment shall abide by all requirements set forth in the
Rosemead Municipal Code relating to massage establishments.
22. The massage establishment shall comply with the security plan approved by the
Chief of Police and Public Safety Department.
23. Curtains, closed blinds, tints, or any other material shall not block the visibility into
the interior reception and waiting areas during business hours.
24. The existing signage shall be replaced and 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.
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25. The establishment shall maintain a 24-hour video surveillance recording system to
include coverage of the following areas:
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August 1, 2022
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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
26. The video surveillance must be stored for a minimum of 30 days and be made
available to law enforcement and code enforcement upon request.
27. The parking lot and exterior of the business must maintain good lighting during
the hours of darkness.
Planning Commission Meeting
August 1, 2022
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Planning Commission Meeting
August 1, 2022
Page 17 of 17
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shall maintain a 24-hour video, su-rvei'llance recording system
('Videa Su- iffance Systern"), which shall includt coverage, of the following
areas*
a- Patron and employee arnivals and departures:
b- Immediate and adjoining parking areas;
C, Entire exterior perimeter of the subject business-,
d' Any office an -d cashier areas'.,. and
e, Interior of business (customer areas),
2. s Video Surveillance System shall be stored for a minimum of
30 days a, 16ae imode available to law rcement and code enfdrcement upon
request.
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Parking lot and exterior will maintain good lighting dung the
hours of dWkness-
4, s business hours shall be in accordance with current
14eAd
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h tablis ed Ity regulations. (Hours of operation
54 vAll be subject to 'inspections by Code Enforcement and Law
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Enforce me6t during all business hours.
6. ill post approprate signage regarding loftering and tre.,spassmg.
install an alarm system for the build'
7. t -&-o a,/ _Cp 4 shalt i ing-