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PC - 2003-05 - Approving Conditional Use Permit 03-910 Operation of Auto Repair Business 7444 Garvey Avenue• w PC RESOLUTION 03 -05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 03 FOR THE OPERATION AN AUTO REPAIR BUSINESS LOCATED AT 7444 GARVEY AVENUE IN THE C -3 (MEDIUM COMMERCIAL) ZONE. (APN: 5285 -003- 027, -028). WHEREAS, on January 16, 2003, Peter Ong DBA Armstrong Auto Service, submitted a conditional use permit application for the operation of an auto repair business, located at 7444 Garvey Avenue in the C -3 (Medium Commercial) zone; and WHEREAS, 7444 Garvey Avenue 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 automotive 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 17.1 12.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS, Sections 17.1 12.010 of the Rosemead Municipal Code specifies the criteria by which a conditional use permit may be granted; and WHEREAS, on January 23, 2003, filly -three (53) 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 ofthe public hearing for Conditional Use Permit 03 -910; and WHEREAS, on February 3, 2003, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 03 -910; and WHEREAS, [lie Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, 13E 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 -910 is Categorically Exempt from environmental review as a Class 9 Exemption pursuant to Section 15309 of the California Environmental Quality Act (CEQA). SEC'T'ION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 03 -910 according to the Criteria of Chapter 17.1 12.010 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 permit will not adversely affect the established character of the surroundi ng neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located. . [FINDING: As City policy, a new operator must obtain a CUP when a project involves an auto - related business including auto repair. This site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site, which includes several existing auto repair businesses. This project will include improvements that will greatly enhance the existing property. 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, Go fort, 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 of the City. 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 wcl fare 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: operative limitations to auto repair work, improvements to the property and the overall maintenance of the facility. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 03 -910, to allow the operation of an auto repair business, on property located at 7444 Garvey Avenue, subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. S ECT1ON 4 . This resolution is the result of an action taken by the Planning Commission on February 3, 2003, by the following vote: YES: ALARCON, ORTIZ, BREEN, LOI, 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 18" day of February 2003. Due Loi. Chairman 0 0 CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by'tbe Planning Commission of the City of Rosemead at its regular meeting, held on the 18th day of February 2003 by the following vole: VES: NO: ABSENT: ABSTAIN: Johnson, Secretary Rosemead Planning Commission Conditional Use Permit 03 -910 FeGruag 3, 2003 Page 4 of 5 EXHIBIT "A" CONDITIONAL USE PERMIT 03 -910 7444 Garvey Avenue (Armstrong Auto Service) CONDITIONS OF APPROVAL February 3, 2003 Conditional Use Permit 03 -910 is approved for the operation of a new autorepairbusiness in accordance with the plan marked Exhibit "B ", dated May 2, 2002. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval of Conditional Use Permit 03 -910 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 -910 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 -910 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. Rosemead Planning Connnission Conditional Use Permit 03 -910 February 3, 2003 Page 5 of 5 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. No portion of the lot, outside of [lie 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 enclosurc(s). - 21. All waste materials shall be handled and disposed of in accordance with local, stale and federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain or sewer. 22. The applicant shall prepare and maintain a Water Quality Management plan in accordance with Chapter T 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 Official. 23. Prior to installation, a new wrought iron gate shall be approved by the Planning Department. 24. A landscape and irrigation pan shall be submitted for review and approval by the Planning Department. The landscape plan shall include a combination trees, shrubs, and ground cover and an irrigation plan with automatic timers and moisture sensors. 25. Driveway access shall be widened to a minimum of twenty feel as shown in the site plan marked Exhibit B. 26.. The existing driveway shall be improved with stamped colored Portland cement concrete, and thereafter maintained in good serviceable condition. 27. Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings.