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PC - 2009-02 - Approving Conditional Use Permit 08-09 for the Operating of a Garment Manufactoring Business Located at 4929 Walnut Grove Avenue~ s EXHIBIT "A" PC RESOLUTION 09-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 08-09, FOR THE OPERATION OF A GARMENT MANUFACTURING BUSINESS LOCATED AT 4929 WALNUT GROVE AVENUE IN THE M-1 (LIGHT MANUFACTURING AND INDUSTRIAL) ZONE. (APN: 5373-033-025) WHEREAS, on October 23, 2008, Classic Tees Inc. submitted a Conditional Use Permit application proposing to establish and operate a garment manufacturing business in a 9,960 square-foot existing warehouse building located at 4929 Walnut Grove Avenue; and WHEREAS, this property is located at 4929 Walnut Grove Avenue and is currently located in the M-1 (Light Manufacturing and Industrial) zone; and WHEREAS, Sections 65800 and 65900 of the California Government Code, and Section 17.112.010 of the Rosemead Municipal Code (RMC) authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS applicant must obtain a Conditional Use Permit in order to establish and operate a garment manufacturing business subject to specific development standards under Sections 17.112.030 (22) of the Rosemead Municipal Code. Rosemead Municipal Code Section 17.112.101 specifies the criteria by which a Conditional Use Permit may be granted and these criteria are as follows. • The establishment, maintenance and operation of the proposed use will not be detrimental to;the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood; • The establishment, maintenance and operation of the use will not be detrimental or injurious to the property and improvements in the neighborhood; and • The establishment, maintenance and operation of the use will not be detrimental to the general welfare of the city; and • The issuance of the Conditional Use Permit is consistent with the General Plan. WHEREAS, on January 8, 2009, fifty-one (51) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices being posted in public locations, and the posting of an on-site public hearing notice specifying the 9 0 availability of the application, plus the date, time and location of the public,hearing for Conditional Use Permit 08-09; 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 08-09; 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 08-09 is classified as ,a Categorical Exemption pursuant to Section 15309 of California Environmental Quality (CEQA). 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, health, or safety of a project. Accordingly Conditional Use Permit 08-09 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 08-09 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 proposed garment manufacturing activities will be conducted entirely within an enclosed building. Additionally, as part of the project review process, this business will be inspected and approved by responsible agencies to ensure compliance with all applicable regulations. Conditions of approval have been added to protect the welfare of persons working and residing in the neighborhood such as limiting the hours of operation and number of employees. Therefore, no detriment to the general welfare of people working or residing in the neighborhood is anticipated. 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 development has taken into consideration the adjacent property improvements to ensure consistency with the surrounding uses. The proposed garment manufacturing will be conducted on a manufacturing zoned property within similar manufacturing land uses on-site. No physical site changes are proposed at this time. Staff • 0 has added conditions of approval to protect the surrounding properties from residual noise, vibration and other factors that may result into adverse effects to the neighborhood. Additionally, the property is surrounded by an existing six-foot perimeter block wall and all trash enclosures on-site are fully enclosed to prevent visual impacts. Therefore, maintenance and operation of the proposed garment manufacturing facility will not be injurious to the property and improvements in the neighborhood. 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 is located within a manufacturing/industrial zone. Rosemead Municipal Code requires any new garment manufacturing operator to obtain a Conditional Use Permit for such use in M-1 (Light Manufacturing and Industrial Zone).This site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. Therefore no detriment to the general welfare of the City is anticipated. D. Issuance of the Conditional Use Permit is consistent with the General Plan. FINDING: The proposed use is located within an industrial district of the City. The General Plan designation is Office/Light Industrial and on the zoning map it is designated M-1 (Light Manufacturing and Industrial). 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 08-09 to allow the establishment and operation of a garment manufacturing facility within a 9,960 square-foot building located at 4929 Walnut Grove Avenue subject to the conditions of approval 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: GAY, LOPEZ AND VUU NO: NONE ABSENT: KUNIOKA AND CAM ABSTAIN:NONE SECTION S. 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. ie ope hai n 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: GAY, LOPEZ AND VUU NO: NONE ABSENT: KUNIOKA AND CAM ABSTAK NON E Sheri Bermejo, Secretary EXHIBIT "B" CONDITIONAL USE PERMIT 08-09 4929 WALNUT GROVE AVENUE (APN 5373-033-025) CONDITIONS OF APPROVAL January 20, 2009 Conditional Use Permit 08-09 is approved for establishment and operation of a garment manufacturing facility, developed in accordance with the plans marked Exhibit "C," dated December 22, 2008. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Conditional Use Permit 08-09 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. Conditional Use Permit 08-09 is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use or request extension within 30-calender days before the expiration of the six (6) month approval period. Otherwise, Conditional Use Permit 08-09 shall become null and void. 4. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved plans. Conditional Use Permit 08-09 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 08-09. 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 againstthe 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. 7. The following conditions must be complied with to the satisfaction of the Planning 0 Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 8. The hours of operation shall be posted in the front window or door. The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Saturday. The garment factory shall be closed on Sundays and all federal holidays. (Modified by Planning Commission on January 20, 2009). 9. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Planning Division. All trash and debris shall be contained within approved trash enclosure(s). 10. 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 issuance of certificate of occupancy, all requirements and appropriate licenses of the State of California shall be complied with and maintained at all times. 11. 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. 12. The parking area, including handicapped spaces, shall be paved and re-painted periodically to City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped and have wheel stops. Such striping shall be maintained in a clear, visible, and orderly manner. (Modified by Planning Commission on January 20, 2009). 13. 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. 14. 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. (Modified by Planning Commission on January 20, 2009). 15. Conditions of approval listed on Exhibit "B" shall be copied directly onto final development plans submitted to the Planning and Building Division for review. 16. Occupancy will not be granted until all improvements required bythis approval have been approved, completed and inspected by the appropriate department(s). 6 • 0 17. Prior to issuance of certificate of occupancy all existing trash doors shall be improved by replacing old slats with new slats. 18. The applicant shall provide City staff with copies of the Public Health License from the County of Los Angeles and Certificate of Registration from the California Garment Manufacturing Industry prior to the issuance of occupancy permit. 19. The number of employees, including managers, shall be limited to thirty (30) on any given shift. 20. 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 removal of weeds, trash and litter. 21. No bed sheets, pieces of garments, cardboard or curtains shall be permitted to cover windows or entrances at any time. Any necessary screening material must first be approved by the Planning Department before installation. 22. The applicant shall submit a sign plan to the Planning Department for review and approval prior to the issuance of a building permit. Total wall sign area shall not exceed two (2) square feet for each linear foot of building frontage. Window signage shall not cover more than 15% of window area. 23. No open flame cooking device/hot plates shall be used on site to heat food. 24. City staff shall have access to the subject property at all times to monitor compliance. 25. There shall be no new mechanical equipment located on the sides of the building. All new ground level and roof top appurtenances and/or mechanical equipment shall be adequately screened such that they are not visible from adjacent properties. 26. 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. 27. Violation of the conditions of approval may result in a citation and/or initiation of revocation proceedings.