PC - 2010-36 - Approving Conditional Use Permit 10-10 for Operations of an Automobile Repair Facility at 2139 San GabrielPC RESOLUTION 10 -36
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT' 10 -10, FOR THE
OPERATIONS OF AN AUTOMOBILE REPAIR FACILITY AT 2139 SAN
GABRIEL BOULEVARD IN THE C -3 (MEDIUM COMMERCIAL) ZONE.
(APN: 5284 - 009 -012).
WHEREAS, on November 23, 2010, Melissa Chen Lu, representing Unity Auto
Service, Inc. submitted a Conditional Use Permit application operate an automobile
repair facility at a location that was previously used for automobile repairs. The project
is located at 2139 San Gabriel Boulevard; and
WHEREAS, 2139 San Gabriel Boulevard is located in the C -3 (Medium
Commercial) zone; and
WHEREAS, Section 17.112.030.24 of the Rosemead Municipal Code (RMC)
allows "automobile repair" in the C -3 zone ..." upon the granting of a Conditional Use
Permit (CUP). Section 17.112.010 sets the following findings required for granting such
a permit:
A. The granting of such conditional use permit will be in harmony with the elements
or objectives of the General Plan.
B. The establishment, maintenance or conduct of the use for which the conditional
use permit is sought will not be detrimental to the health, safety, peace, morals,
comfort or general welfare of the persons residing or working in the
neighborhood thereof; and
C. The granting of such conditional use permit will not be detrimental or injurious to
the property and improvements in the neighborhood or the general welfare.
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.112.010 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve or deny Conditional Use Permits; and
WHEREAS, on December 9, 2010, forty -two (42) 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, plus
the date, time and location of the public hearing for Conditional Use Permit 10 -10; and
on December 10, 2010 notice was published in the San Gabriel Valley Tribune; and
WHEREAS, on December 20, 2010, the Planning Commission held a duly
noticed and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 10 -10; and
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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 10 -10 is Categorically Exempt from environmental review as a Class 1
Exemption pursuant to Section 15301 of the California Environmental Quality Act
(CEQA).
SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 10 -10 according to the
findings of Chapter 17.112.010 of the Rosemead Municipal Code as follows:
A. The granting of such Conditio i nal Use Permit will be in harmony with the
elements or objectives of the General Plan.
FINDING: The site is designated in the General Plan as Mixed Use:
Industrial /Commercial and is developed with a small commercial building most recently
used as an automobile sales and repair facility. The proposed use is in conformity with
the General Plan, in that C -3 (Medium Commercial) zoning is a corresponding zone
district with the Mixed Use: Industrial /Commercial General Plan land use category.
Section 17.112.030.27 of the RMC allows "automobile repair" in the C -3 zone upon the
granting of a Conditional Use Permit.
B. The establishment, maintenance or conduct of the use for which the
Conditional Use Permit is sought will not' 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 automobile repair facility will re- establish a use on the
subject property that had been operating on the site for more than thirty (30) years.
From 1962 until approximately 1977, the site had been used as a gasoline service
station and then from 1977 until a little more than one year ago the site was used for
automobile repair and sales. For almost fifty (50) years automotive service uses on the
site have operated without any known adverse impacts on the community. An
automobile repair facility provides a valuable neighborhood serving commercial use in
the southern portion of the City. The proposed development is consistent with existing
land uses in the neighborhood and conditions of approval have been included with the
project to protect the welfare of persons working and residing in the neighborhood
including the location of the trash enclosure, adequate parking, and storm water
treatment.
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C. 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 be injurious to the
property or improvements in the neighborhood or to the general welfare of the city.
FINDING: The proposed use has taken into consideration the adjacent properties
and improvements surrounding the site and has added new perimeter walls, new
concrete pavement, and a cleaned -up building to improve the physical appearance of
the site. The proposed use will operate during normal business hours (Monday -
Saturday 8:30 a.m. to 5:00 p.m.) and provide general automotive repairs and service.
Also, all repair work will be required to be conducted within an enclosed building in
order to reduce possible noise impacts on surrounding properties. Therefore, the
proposed use of the site for a automobile repair will not be injurious or detrimental to the
general welfare of the City.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use
Permit 10 -10 to operate an automobile repair facility, subject to conditions 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 December 20, 2010, by the following vote:
YES: ALARCON, ENG, HERRERA, HUNTER, RUIZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
SECTION 5 . 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 off December, 2010.
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William Alarcon, Chairman
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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 20 day of
December, 2010 by the following vote:
YES:
NO:
ALARCON, ENG, HERRERA, HUNTER, RUIZ
NONE
ABSENT: NONE
ABSTAIN: NONE
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EXHIBIT "B"
CONDITIONAL USE PERMIT 10 -10
(APN: 5284 - 009 -012)
CONDITIONS OF APPROVAL
December 20. 2010
1. Conditional Use Permit 10 -10 is approved for the operation of an automobile
repair facility in accordance with the plans marked Exhibit "C ", dated November
23, 2010. Any revisions to the approved plans must be resubmitted for the
review and approval of the Planning Division.
2. The conditions listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
divisions for review.
3. Approval of Conditional Use Permit 10 -10 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.
4. Conditional Use Permit 10 -10 is approved for a period of six (6) months. The
applicant shall commence the proposed use or request an extension within 30-
calendar days prior to expiration. The six (6) month 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 the Conditional Use Permit 10 -10 has been unused, abandoned
or discontinued for a period of one (1) year it shall become null and void.
5. The Planning Commission hereby authorizes the Planning Division to make
and /or approve minor modifications.
6. The following conditions must 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.
7. Conditional Use Permit 10 -10 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
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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 10 -10.
8. The applicant 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.
9. 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.
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.
11. The numbers of the address signs shall be at least 6" tall with a minimum
character width of 1/4 ", 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 City Planner, or his or her designee, prior to installation.
12. All requirements of the Building and Safety Division and the Planning Division
shall be complied with prior to the final approval of the proposed construction.
13. 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.
14. The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday to
Saturday. No construction shall take place on Sundays or on any federal
holidays without prior approval by the City.
15. The Planning staff shall have access to the subject property at any time during
construction to monitor progress.
16. Applicant shall obtain a public works permit for all work in or adjacent to
public right -of -way.
17. 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.
18. 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
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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.
19. All roof top appurtenances and equipment shall adequately be screened from
view to the satisfaction of the Planning Division. There shall be no mechanical
equipment located on the sides of the building. Such equipment shall not exceed
the height of the parapet wall. All ground level mechanical /utility equipment
(including meters, back flow preservation devices, fire valves, A/C condensers,
furnaces, utility cabinets and other equipment) shall be located away from public
view or adequately screened by landscaping or screening walls so as not to be
seen from the public right of way or other public space within the development.
The Planning Division shall approve said screening prior to installation.
20. 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. Such striping shall be maintained in a
clear, visible, and orderly manner.
21. At least two percent of the required parking shall be designated for handicap
space pursuant to California Vehicle Code Section 22511.8. A letter by the
property owner shall be given to the City for authorizing enforcement.
22. All open areas not covered by concrete, asphalt, or structures shall be
landscaped and maintained on a regular basis.
23. The on -site public hearing notice posting shall be removed within 30 days from
the end of the 10 -day appeal period of Conditional Use Permit 10 -10
24. The applicant shall submit final sign plans to the Planning Division prior to the
issuance of a building permit based on the requirements set forth in Rosemead
Commercial Revitalization Design Guidelines and Rosemead Municipal Code.
The signs shall consist of internally illuminated channel letters. No "canned" or
box signs shall be permitted on this site. The final sign plans submitted to the
Planning Division shall include options for the lowering or removal of the existing
poles sign on the site with a monument sign (Modified by the Planning
Commission on December 20, 2010).
25. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Wall
signs shall be limited to a maximum of two (2) square feet for each linear feet of
building frontage based on the City's Commercial Revitalization Design
Guidelines. Window signs shall not cover more than 15% of window and glass
door areas. All banners and temporary signs shall be permitted by the
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Rosemead Planning Division prior to installation.
26. All new lighting shall be fully shielded and directed downwards.
27. The applicant 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.
28. Violations of the conditions of approval may result in citation and /or initiation of
revocation proceedings.
29. Prior to the issuance of building permits, the developer shall provide a courtesy
notice of the start of construction to the occupants of abutting properties and
provide a copy of the notice to the Planning Division
30. The applicant shall dedicate a 4' -0" wide strip of land to the City along San
Gabriel Boulevard to create a 12' -0" wide public right -of -way. The applicant shall
construct a new curb, gutter, and sidewalk to the satisfaction of the City
Engineer.
31. The existing driveway on San Gabriel Boulevard must be realigned to match the
access to the proposed on -site parking lot. New sidewalk and other
improvements required by the City Engineer will also be required to complete the
street improvements within the new parkway at applicant's expense.
32. The applicant shall plant street trees within the parkways in tree wells with tree
grates fronting the proposed project. The applicant must submit a revised site
plan with sewer laterals depicted in order for the appropriate number and location
of street trees to be determined by the City Engineer.
33. All existing walls and other non - permitted encroachments currently within the La
Merced Road street right -of -way must be removed at the applicant's expense
within sixty (60) days from the Planning Commission approval date. Alternatively,
the applicant must file for a partial street vacation of La Merced Road to reduce
the existing thirty (30) foot wide parkway to a ten (10) foot wide parkway within
sixty (60) days from the Planning Commission approval date. The City Engineer's
office will support the street vacation subject to utility reservations. The applicant
must pay for all costs associated with the street vacation process.
34. No storage, display or sales of any merchandise, fixtures or other material shall
be permitted outside of the building.
35. All repair work shall be conducted wholly within the enclosed building.
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36. Parking areas and drive aisles shall remain unobstructed in a manner to provide
for vehicular maneuvering and free access.
37. Vehicles to be repaired shall be stored or parked in parking designated areas
only. Such vehicles may not be located in the required off - street parking or
landscape areas nor on any public sidewalk, parkway, street, or alley.
38. 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 Planning. All trash and debris
shall be contained within approved trash enclosure(s).
39. All waste materials shall be handled and disposed of in accordance with local,
state and federal laws and policies. No waste material shall be washed or
poured into any public alley, street, storm drain, or sewer.
40. Prior to issuance of an Occupancy Permit and within sixty (60) calendar days of
Planning Commission approval date (December 20, 2010), the applicant shall
prepare and maintain a Water Quality Management plan in accordance with
Chapter 7, Article 5 (Sanitation & Health Code, RMC) pursuant to the National
Pollution Discharge Elimination System (NPDES) Permit Program, subject to the
review of the City Building Engineer and as approved by the County of Los
Angeles. One (1) thirty (30) day extension may be granted by the Planning
Department staff if needed.
41. The applicant shall meet the requirements of City of Rosemead municipal storm
water permits pertaining to vehicle maintenance.
42. Prior to the issuance of an Occupancy Permit, the applicant shall remove existing
walls and other structures that impair access to the recorded driveway easement
at the northeast corner of the site. Alternatively, the applicant shall terminate the
easement by recording the appropriate documentation at the County Recorder's
office.
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