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PC - 2003-56 - Approving Conditional Use Permit 03-930 Modification Changes in the Conditional of Approval of an Exisiting Conditional Use Permit for the Operation of an Auto Repair and Smog Check Business 2654 San Gabriel BoulevardPC RESOLUTION 03 -56 A RESOLUTION OF THE PLANNING COMMISSION, OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 03 -930 MODIFICATION, FOR CHANGES IN THE CONDITIONS OF APPROVAL OF AN EXISTING CONDITIONAL USE PERMIT FOR THE OPERATION OF AN AUTO REPAIR AND SMOG CHECK BUSINESS LOCATED AT 2654 SAN GABRIEL BOULEVARD IN THE C -3 (MEDIUM COMEMRCIAL) ZONE. (APN: 5283- 011 -015). WHEREAS, on September 17, 2003, Johan Lee, 4851 Agnes Avenue, Temple City CA 91780, representing Super Alex Auto Repair, submitted a conditional use permit modification application for changes in the conditions of approval for an existing conditional use permit for the operation of an auto repair and smog check business, located at 2654 San Gabriel Boulevard in the C -3 (Medium Commercial) zone; and WHEREAS, 2654 San Gabriel Boulevard is located in the C- 3(Medium Commercial) Zone; and WHEREAS, Section 17.112.030(28) of the Rosemead Municipal Code (RMC) allows automotive- related uses including auto repair in the C -3 and M -1 zones, upon the granting of a Conditional Use Permit (CUP). Section 17.112.010 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 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS, on September 26, 2003, thirty -four (34) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in 10 public locations, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 03 -930 Modification; and WHEREAS, on October 6, 2003, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 03 -930 Modification; 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 -930 Modification 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 03 -930 Modification 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 li • the granting of such conditional use permits 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: This site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. There are no plans for the expansion of the building area as part of this permit request and the applicant will be using existing space. Several improvements will be made to the property as conditions of this permit approval. 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 use is located within an established commercial district of the City, and is designated Commercial in the General Plan. The proposed use is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will contribute to the economic well being of the commercial areas of the City. In addition, surrounding land uses include another auto repair business and a used auto sales business. 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 proposed use will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit requiring several site improvements and limitations to the business operation. There are no properties, immediately adjacent to the subject site, that are zone for residential uses. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 03 -930 Modification, to allow the operation of an auto repair and smog check business with the deletion of Condition No. 27 as was originally approved on September 2, 2003, on property located at 2654 San Gabriel Boulevard, 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 October 6, 2003, by the following vote: YES: LOI, ORTIZ, BREEN, HERRERA 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 20 "' day of October 2003. Diana Herrera, Chairperson L • • CERTIFICATION 1 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 October 2003 by the following vote: YES: NO: ABSENT: ABSTAIN: Bradford Johnson, Secretary I • 0semead Planning Commission Conditional Use Permit 03- 930mod. October 6, 2003 Page 3 of 4 EXHIBIT "A" CONDITIONAL USE PERMIT 03 -930 MODIFICATION 82654 San Gabriel Boulevard (Super Alex Auto Repair) CONDITIONS OF APPROVAL October 6, 2003 Conditional Use Permit 03 -930 is approved for the operation of an auto repair and smog check business in accordance with the plan marked Exhibit `B ". Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval of Conditional Use Permit 03 -930 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit stating that they are aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions. 3. Conditional Use Permit 03 -930 is approved for a one -year period. Applicant shall make progress towards initiation of proposed use or request an extension 30 days prior to expiration from the Planning Commission. Otherwise Conditional Use Permit 03 -930 shall become null and void. 4. 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. 5. Planning staff shall have access to the subject property at any time during construction to monitor progress. 6. The conditions listed on this Exhibit "A" shall be copied directly onto development plans submitted to the Planning and Building Departments for review. 7. Construction activities shall be limited to take place between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or on any legal holidays. 8. All utilities and connection cables shall be underground. The underground conversion of these utilities shall consider all future connections to the satisfaction of the Director of Planning. 9. The property shall comply with all appropriate building, fire, and health department regulations. 12. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 13. 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) 307 -0463 for assistance. 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. 15. The applicant 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. ' • esemead Planning Commission Conditional Use Permit 03- 930mod. October 6, 2003 Page 4 of 4 16. All open area not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 17. All repair work shall be conducted wholly within the enclosed building. 18. Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. 19. Vehicles to be repaired shall be stored or parked in 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. 20. 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. 21. The entire building shall be re- painted, including the roll -up doors. The color of the building shall be approved by the Planning Department. 22. The existing gate at the driveway entrance to Unit 2654 shall be removed and replaced with a new solid gate. 23. The unpermitted structures located behind Unit 2650 shall be removed. 24. All existing signage shall be removed from the building. A new sign plan shall be submitted to the Planning Department for review and approval. 25. The existing pole sign shall be removed. 26. All weeds and overgrown landscaping shall be removed from the existing rear parking lot. A parking lot plan shall be submitted to the Planning Department depicting separate parking for customers, employees, and storage of vehicles. 27. The demising wall that separates the two units shall be removed to create a single tenant space by September 2, 2005. 28. Violation of the conditions of approval may result in citation and /or initiation of revocation . proceedings. PC RESOLUTION 03 -56 A RESOLUTION OF THE PLANNING COMMISSION, OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 03 -930 MODIFICATION, FOR CHANGES IN THE CONDITIONS OF APPROVAL OF AN EXISTING CONDITIONAL USE PERMIT FOR THE OPERATION OF AN AUTO REPAIR AND SMOG CHECK BUSINESS LOCATED AT 2654 SAN GABRIEL BOULEVARD IN THE C -3 (MEDIUM COMEMRCIAL) ZONE. (APN: 5283- 011 -015). WHEREAS, on September 17, 2003, Johan Lee, 4851 Agnes Avenue, Temple City CA 91780, representing Super Alex Auto Repair, submitted a conditional use permit modification application for changes in the conditions of approval for an existing conditional use permit for the operation of an auto repair and smog check business, located at 2654 San Gabriel Boulevard in the C -3 (Medium Commercial) zone; and WHEREAS, 2654 San Gabriel Boulevard is located in the C- 3(Medium Commercial) Zone; and WHEREAS, Section 17.112.030(28) of the Rosemead Municipal Code (RMC) allows automotive - related uses including auto repair in the C -3 and M -1 zones, upon the granting of a Conditional Use Permit (CUP). Section 17.112.010 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 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS, on September 26, 2003, thirty -four (34) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in 10 public locations, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 03 -930 Modification; and WHEREAS, on October 6, 2003, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 03- 930 Modification; 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 -930 Modification 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 tojustify approving Conditional Use Permit 03 -930 Modification 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 permits 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: This site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. There are no plans for the expansion of the building area as part of this permit request and the applicant will be using existing space. Several improvements will be made to the property as conditions of this permit approval. 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 use is located within an established commercial district of the City, and is designated Commercial in the General Plan. The proposed use is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will contribute to the economic well being of the commercial areas of the City. In addition, surrounding land uses include another auto repair business and a used auto sales business. 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 proposed use will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit requiring several site improvements and limitations to the business operation. There are no properties, immediately adjacent to the subject site, that are zone for residential uses. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 03 -930 Modification, to allow the operation of an auto repair and smog check business with the deletion of Condition No. 27 as was originally approved on September 2, 2003, on property located at 2654 San Gabriel Boulevard, 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 October 6, 2003, by the following vote: YES: LOI, ORTIZ, BREEN, HERRERA 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 20' day of October 2003. I L��4 Diana Herrera, Chairperson / 0 CERTIFICATION 1 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 October 2003 by the following vote: YES: NO: ABSENT: ABSTAIN: