PC - 2003-64 - Modification of an Existing Conditional Use Permit Relocation of an Existing Automotive Repair Business From Unit 6-A to Unit 9 2727 Stingle AvenuePC RESOLUTION 03 -64
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING THE MODIFICATION OF CONDITIONAL USE PERMIT
03 -940, FOR THE MODIFICATION OF AN EXISTING CONDITIONAL
USE PERMIT FOR THE RELOCATION OF AN EXISTING
AUTOMOTIVE REPAIR BUSINESS FROM TENANT UNIT 6 -A TO UNIT
9, LOCATED AT 2727 STINGLE AVENUE IN THE M -1 D (LIGHT
MANUFACTURING WITHIN A DESIGN OVERLAY) ZONE. (APN: 5282-
009 -018).
WHEREAS, on October 20, 2003, Kevin Kei Cheung. KCT Auto Service filed an
application to modify an existing conditional use permit for the relocation of an existing
automotive repair business from tenant space 6 -A to 9, located at 2727 Stingle Avenue; and
WHEREAS, 2727 Stingle Avenue Unit 9 is located in the M -1 D (Light Manufacturing
within a Design Overlay) Zoning District; and
WHEREAS, Section 17.112.030(28.h) of the Rosemead Municipal Code (RMC) permits
the automotive repair in the M -1 zone upon the granting of a Conditional Use Permit (CUP).
Section 17.110.010 sets criteria required for granting such a permit. These criteria require that
the proposed use is deemed:
The establishment, maintenance, and operation of the proposed 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 the neighborhood thereof, not be detrimental or injurious to the property
and improvements in the neighborhood or to the general welfare of the City.
WHEREAS, Sections 65800 & 65900 of the California Government Code and Section
17.110.010 of the Rosemead Municipal Code authorize the Planning Commission to approve,
conditionally approve or deny conditional use permits; and
WHEREAS, Sections 17.110.010 of the Rosemead Municipal Code specifies the criteria
by which a conditional use permit may be granted; and
WHEREAS, on November 13, 2003, 37 notices were sent to property owners within a
300 -foot radius from the subject property, in addition to notices posted in 9 public locations,
specifying the availability of the application, plus the date, time and location of the public
hearing for the Modification of Conditional Use Permit 03 -940; and
WHEREAS, on November 17, 2003, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional Use
Permit 03 -940; 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 03 -940 is Categorically Exempt pursuant to Section 15309 of the California
Environmental Quality Act (CEQA).
SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving the Modification of Conditional Use Permit 03 -940 according
to the Criteria of Chapter 17.110.010 of the Rosemead Municipal Code as follows:
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A. The establishment, maintenance, and operation of the proposed 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 the neighborhood thereof,
FINDING: The proposed expansion of this business will not be detrimental to the health,
safety, morals, comfort, or general welfare of persons in the surrounding area because the
business currently operates out of an existing industrial center that allows for manufacturing type
businesses. The neighboring properties are also zoned for manufacturing with a majority of the
land uses being industrial - based.
B. The establishment, maintenance, and operation of the proposed use so applied for will
not, under the circumstances of the particular case will not be detrimental or injurious to the
property and improvements in the neighborhood.
FINDING: The establishment of this expanded business will not be detrimental or
injurious to the property and improvement in the neighborhood because the surrounding area is
zoned for manufacturing. In addition, the automotive -based business will only operate out of its
designated space and conditions have been added to this permit request to ensure that there are
no adverse effects to the surrounding area.
C. The establishment, maintenance, and operation of the proposed use so applied for will
not, under the circumstances of the particular case will not be detrimental or injurious to the
general welfare of the City.
FINDING: The extent of this permit request is so small that it is expected not to be
detrimental or injurious to the general welfare of the City. With the subject site zoned for light
manufacturing and designated industrial in the General Plan, this subject site as well as the
neighboring businesses and properties are reviewed and permitted in respect of its compliance
with local ordinances.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit
03 -940, for the modification of an existing conditional use permit for the relocation of an
existing automotive repair business into the adjacent space Unit 9, on property located at 2727
Stingle Avenue Unit 9, subject to conditions listed in Exhibit "A" attached hereto and
incorporated herein by reference.
SECTION 4 . This resolution is the result of an action taken by the Planning
Commission on November 17, 2003, by the following vote:
YES: HERRERA, BREEN, KELTY, LOPEZ
NO:
ABSTAIN:
ABSENT: LOI
SECTION 5 . The secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the applicant and the to Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this I" day of December 2003.
Diana Herrera, Chairperson
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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 1st day of December
2003 by the following vote:
YES:
NO:
ABSTAIN:
ABSENT:
Bradford Johnson, Secretary