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PC – 2025-06 – Approving CUP 24-03, For The Operation of an Automobile Repair & Body Shop (Painting & Auto Body Work), Located at 8735 Garvey Ave (APN: 5289-010-028), In a Light Manufacturing & Industrial (M-1) ZoneEXHIBIT "A" PC RESOLUTION 25-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 24-03, FOR THE OPERATION OF AN AUTOMOBILE REPAIR AND BODY SHOP (PAINTING AND BODY WORK), LOCATED AT 8735 GARVEY AVENUE (APN: 5289-010-028), IN A LIGHT MANUFACTURING AND INDUSTRIAL (M-1) ZONE WHEREAS, on May 8, 2024, Mohsen Poumazari, on behalf of 360 Collision and Repair Center submitted a Conditional Use Permit application, requesting to operate an automobile repair and body shop (painting and body work), located at 8735 Garvey Avenue; WHEREAS, 8735 Garvey Avenue is located in a Light Manufacturing and Industrial (M-1) zoning district; WHEREAS, the existing automobile repair use was established in 1970 without the approval of a discretionary permit and the applicant is proposing to modify the use by incorporating additional services; WHEREAS, Section 17.72.030(F)(2) of the Rosemead Municipal Code states that a use lawfully existing without the approval of a discretionary permit that would be required by this Zoning Code shall be deemed conforming only to the extent of its previous lawful use (e.g., maintaining the same site area boundaries, hours of operation, etc.). Any change in use would require the approval of the appropriate discretionary permit in accordance with the provisions of the current Zoning Code; WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the criteria for a Conditional Use Permit; WHEREAS, Sections 65800 and 65900 of the California Government Code and Section 17.132.040 of the Rosemead Municipal Code authorizes the Planning Commission to approve, conditionally approve, or deny Conditional Use Permit applications; WHEREAS, on May 22, 2025, 30 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 five public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for CUP 24-03; WHEREAS, on June 2, 2025, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 24-03; 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 24-03 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 24-03, in accordance with Section 17.132.040 of the Rosemead Municipal Code as follows: FINDING 1: 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. FACT: The project site is located within the Light Manufacturing and Industrial (M- 1) zone and is surrounded by an auto detailing use to the north, an automotive repair and body that provides painting services to the east, retail, office, and restaurant uses to the south, and a vacant lot to the west. South Coast Air Quality Management District (SCAQMD) regulates air pollution from various sources, including paint spray booths, within its jurisdiction. All spray booths required a SCAQMD permit. The SCAQMD permit review process includes a stringent health risk assessment conducted by their agency staff to evaluate how toxic emissions are released from a facility, how they disperse throughout the community, and the potential for those toxic pollutants to impact human health. This assessment is based on their methodology guidelines and other state laws. The assessment was completed by SCAQMD and applicant was issued a spray booth permit (Permit No. G78774). The permit includes 15 conditions that the applicant must abide by to ensure that the proposed spray booth will not create conditions materially detrimental to the surrounding neighborhood. This includes filtration system, limitations on the type and quantity of paint coatings that can be used, and detailed record keeping. SCAQMD's conditions along with the Conditions of Approval for CUP 24-03 will ensure 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. FINDING 2: The use is consistent with the General Plan. FACT: The General Plan Land Use Designation for the property is Mixed -Use: Industrial/Commercial. Based on the General Plan and Zoning Ordinance Table in Table 2-5 of the General Plan, Mixed -Use: Industrial/Commercial corresponds to the M-1 Zoning District. The existing auto -repair business has operated at this location since 1970 and is proposing to include automobile body services (painting and body work) to their business. FINDING 3: The use is consistent with the provisions of this Zoning Code. FACT: The project site is located in a Light Manufacturing and Industrial (M-1) zone. Per Rosemead Municipal Code, Table 17.20.020.1, approval of a Conditional Use Permit is required to establish an automotive repair and body shop use within the Light Industrial (M-1) zone. Since the existing auto repair shop is legal -nonconforming and operating without a Conditional Use Permit, a modification of the use to incorporate automobile body services (painting and body work) is subject to a Conditional Use Permit. FINDING 4: Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. FACT: 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 24-03 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of California Environmental Quality Act guidelines. Furthermore, SCAQMD has issued a spray booth permit (Permit No. G78774) to the applicant. The permit includes 15 conditions that are related to air quality management. FINDING 5: 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. FACT: The project only includes the incorporation of automobile body services (painting and body work) into an existing auto repair business and would not increase the floor area of the existing building. Through this application, the applicant is proposing to conduct site improvements to the existing building, off-street parking, landscaping, lighting, fencing, and solid waste and recyclable material collection. These improvements are consistent with the goals and objectives of applicable standards of the M-1 Zone. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 24-03, for the operation of an automobile repair and body shop to include automobile body services (painting and body work), rehabilitate the existing building, and incorporate various site improvements, such as the rehabilitation of the parking lot, landscaping, lighting, fencing, and solid waste and recyclable material collection, located at 8735 Garvey 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 June 2, 2025, by the following vote: AYES: ESCOBAR, TANG AND UNG NOES: NONE ABSTAIN: NONE ABSENT: BERRY AND LOPEZ 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 2nd day of June, 2025. i Emma Escobar, Chair 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 2nd day of June, 2025, by the following vote: AYES: ESCOBAR, TANG AND UNG NOES: NONE ABSTAIN: NONE ABSENT: BERRY AND LOPEZ Lily Valenzuela, Secretary APPROVED AS TO FORM: Stdoharlie Gutierre2fPlanning mission Attorney Burke, Williams & Sorensen, LLP ATTACHMENT"A" (PC RESOLUTION 25-06) CUP 24-03 8735 GARVEY AVENUE (APN: 5289-010-028) CONDITIONS OF APPROVAL JUNE 2, 2025 Standard Conditions of ADDrovall 1. Conditional Use Permit 24-03 ('Project') is approved for the operation of an automobile repair and body shop, located at 8735 Garvey Avenue, in accordance with the plans marked Exhibit "B", dated May 15, 2025. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. The conditions listed on this exhibit shall be copied directly onto any development plans. All conditions shall 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. 3. 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. 4. The on-site public hearing notice posting shall be removed by the end of the 10 - day appeal period of Project. 5. 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. 6. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the project and to these conditions of approval. 7. 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 project, 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 and 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. 8. The applicant(s) shall defend, indemnify, and hold harmless the City of Rosemead and/or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead and/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. 9. The applicant(s) shall comply with all Federal, State, and local laws relative to the approved project, including the requirements of the Planning, Building, Fire, Sheriff, and Health Departments. 10. 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. 11. 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. 12. 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 construction and operation of the use shall abide by the noise control sections of the Rosemead Municipal Code. 13. The Building and Safety Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. 14. 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 project. 15. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Project Specific Conditions of Approval 16. The hours of operation shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday. Any request to extend the hours of operation shall be reviewed and approved by the Director of Community Development. 17. Metal security bars, gates, grilles, or wire mesh shall not be used on the exterior of any window that is visible from any street or other public space. 18. All accessory structures shall comply with the Zoning Code and be permanent and consistent in exterior appearance with the primary structure by using similar or matching paint colors, materials, and architectural styles. 19. The existing roof and freestanding sign shall be repainted to complement the exterior building facade. Planning Division approval of sign plans must be obtained prior to obtaining building permits and/or installation for any signs. 20. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty-four (24) hours. 21. The site shall be maintained in a clean, weed and litter -free state. All trash containers shall be stored in the approved trash enclosure at all times. All trash and garbage receptacles shall be regularly inspected and cleaned, and maintained in a clean, safe, and sanitary condition. 22. All mechanical/utility equipment (including meters, back flow prevention devices, fire valves, A/C condensers, furnaces, and other equipment) shall be located away from public view and/or adequately screened by landscaping or screening walls/parapets so as not to be seen from the public right-of-way and/or adjacent properties to the satisfaction of the Planning Division. 23. All roof top appurtenances and equipment shall be adequately screened from view to the satisfaction of the Planning Division. Screening method shall be submitted to the Planning Division for review and approval. 24. The applicant(s) shall keep the electrical and mechanical equipment and/or emergency exits free of any debris, storage, furniture, etc., and maintain a minimum clearance of five (5) feet. 25. The applicant(s) shall submit a final landscape and irrigation plan to the Planning Division prior to the issuance of building permits. The landscape and irrigation plan shall comply with the City's Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water Efficient Landscape Ordinance and include a sprinkler system with automatic timers and moisture sensors. All landscaping and irrigation shall be installed and completed prior to final Planning Division approval. All landscaped areas shall be improved and permanently maintained in a neat and orderly manner. 26. The parking area, including loading and handicap accessible spaces, shall be paved and re -painted periodically to City of Rosemead standards to the satisfaction of the Planning Division. All designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner. 27. All existing light poles located within the subject property and parking areas shall be repainted to complement the exterior building fagade and comply with Rosemead Municipal Code Chapter 17.88. 28. All automotive service work shall be conducted solely within the enclosed building. There shall be no outdoor lifts. Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. Vehicles to be serviced shall be stored or parked inside the building. Such vehicles may not be located in the required off-street parking or landscaped areas nor on any public sidewalk, parkway, street, or alley. 29. The new trash enclosure shall comply with Rosemead Municipal Code Section 17.32.050 and be designed to be an integral part of the overall project design, utilize complementary colors and slump stone, and incorporate a solid roof cover with opaque, self-closing, and self -latching doors. All trash and debris shall be contained within the approved trash enclosure. The trash enclosure shall be maintained at all times. 30. The existing slump stone and wrought iron fencing along the east and south property lines shall be rehabilitated. The existing wrought iron shall be painted black and all existing slump stone shall be painted to complement the building fagade. 31. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Director of Community Development. 32. All waste materials shall be handled and disposed of in accordance with Federal, State, and local laws and policies. No waste material shall be washed, poured, or disposed of into any public alley, street, storm drain, sewer, or surrounding properties. 33. The operator of the equipment, including, but not limited to, the automotive spray paint booth, shall comply with all conditions listed in South Coast Air Quality Management District Permit No. G78774, dated February 6, 2025. Building and Safety Conditions of Approval 34. The second sheet of building plans is to list all conditions of approval and to include a copy of the Planning Commission Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check. 35. Plans prepared in compliance with the current Building Code shall be submitted to the Building and Safety Division for review, prior permit issuance. 36. The Stormwater Planning Program LID Plan Checklist (MS4-1 FORM) completed by the Engineer of Record shall be copied on the first sheet of Building Plans and on the first sheet of Grading Plans. The form can be found at the following link: https://www.dropbox.com/scl/fi/xligonam5646ro5oklnw4/MS4-Permit-LI D - Determination -Form. pdf?rlkey=zr7tu632u2staheexi6vgvxvg&d l=0 37. All State of California disability access regulations for accessibility and adaptability shall be complied with. A Summary of Accessibility Upgrades for Commercial Projects form shall be completed and copied on the plans. The form can be found at the following link: httos://www.drODbox.com/s/4xkivn5fhaaootk/Accessibility%20UDarade%20Summ ary%20Form.pdf?dl=0 38. A separate application and plan review is required for Mechanical plans. Public Works Conditions of Approval 39. The second sheet of building plans, grading plans, and/or offsite improvement plans is to list all conditions of approval and to include a copy of the Planning Commission Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check. 40. A separate permit shall be obtained from the Public Works Department prior to placement of any construction materials or equipment in the public way. 41. Dependent on the construction cost/evaluation for the proposed project, the applicant shall reconstruct the existing two driveway approaches to comply with current ADA bypass requirements per SPPWC, latest edition, if applicable. No portion of the driveway and/or parkway shall encroach to the frontage of the adjacent property. 42. Remove and replace broken and off grade sidewalk, curb, and gutter in accordance with SPPWC, latest edition, as directed by the City Engineer or his/her designee. 43. Prior to the final completion of the building permit(s), an inspection is required by the City's Public Works Inspector.