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PC - 2011-09 - Approving Conditional Use Permit 10-09 for the Operation of a Garment Manufactoring Business at 8819 Garvey AvenuePC RESOLUTION 11 -09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 10 -09, FOR THE OPERATION OF A GARMENT MANUFACTURING BUSINESS LOCATED AT 8819 GARVEY AVENUE, UNIT Al, IN THE M -1 (LIGHT MANUFACTURING AND INDUSTRIAL) ZONE (APN: 5289 - 011 -019) WHEREAS, on November 18, 2010, Derrick Hang submitted a Conditional Use Permit application proposing to establish and operate a garment manufacturing business within commercial unit located at 8819 Garvey Avenue; and WHEREAS, 8819 Garvey Avenue, Unit Al is 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 17.112.110 specifies the criteria by which a Conditional Use Permit may be granted and these criteria are as follows. • The granting of such a Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. • 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. • The granting of such a conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. WHEREAS, on June 9, 2011, fifty (50) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices being posted in five (5) public locations and onsite specifying the availability of the application, plus the date, time, and location of the public hearing for Conditional Use Permit 10 -09; and WHEREAS, on June 20, 2011, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 10 -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 10 -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 10 -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 10 -09 according to the criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The granting of such a Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. FINDING: The proposed use is located within an industrial district of the City. The General Plan designation is Office /Light Industrial. The proposed use is in conformity with the General Plan and is complementary to the existing businesses surrounding the property. 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. FINDING: The maintenance and operation of the proposed garment manufacturing facility will not be detrimental to the health, safety, piece, morals, comfort, or general welfare of the persons residing or working in the neighborhood. The proposed use is considered a small manufacturing business as it is limited to six (6) employees. Staff has added conditions of approval to protect the surrounding properties from adverse effects to the neighborhood. C. The granting of such a conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare FINDING: The proposed garment manufacturing activities will be conducted entirely within an enclosed building. The garment business is relatively small business and will not increase traffic nor create parking deficiencies within the development. Additionally, as part of the project review process, the 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. Therefore, no detriment to the general welfare of the City is anticipated with the operation of the garment factory. SECTION 3 . The Planning Commission HEREBY approves Conditional Use Permit 10 -09 to allow the establishment and operation of a garment manufacturing facility located at 8819 Garvey Avenue within Unit Al, subject to the twenty -three (23) 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 June 20, 2011, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ, SACCARO 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 of June, 2011. r Nancy Eng, Gh�rwo City of Rosemead, C \li rnia APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP 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 June 2011, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ, SACCARO NO: NONE ABSENT: NONE ABSTAIN: NONE f Stan V'LWO, Secretary EXHIBIT "B" CONDITIONAL USE PERMIT 10 -09 8819 GARVEY AVENUE UNIT Al (APN 5289 - 011 -019) CONDITIONS OF APPROVAL June 20, 2011 1. Conditional Use Permit 10 -09 is approved for establishment and operation of a garment manufacturing facility, developed in accordance with the plans marked Exhibit "C," dated June 1, 2011. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Conditional Use Permit 10 -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. 3. Conditional Use Permit 10 -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 10 -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. 5. Conditional Use Permit 10 -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 10 -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 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. 7. The following conditions must be complied with, to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, business license, 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 8:30 a.m. to 5:00 p.m., Monday through Saturday. The garment factory shall be closed on Sundays and all legal holidays. 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 a City Business License, 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 ' / 4 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 Department. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such striping shall be maintained in a clear, visible, and orderly manner. The parking space markers — including double striping, wheel stops, and handicapped - -shall be repainted periodically to city standards and to the satisfaction of the Planning Division. 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. 15. 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 a City Business License. 16. The number of employees, including managers shall be limited to six (6) on any given shift. 17. No bed sheets, pieces of garments or, cardboard shall be permitted to cover windows or entrances at any time. Any necessary screening material must first be approved by the Planning Division before installation. 18. The applicant shall submit a sign plan to the Planning Division 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. 19. No open flame cooking device /hot plates shall be used on site to heat food. 20. City staff shall have access to the subject property at all times to monitor compliance. 21. 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. 22. 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. 23. Violation of the conditions of approval may result in a citation and /or initiation of revocation proceedings.