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PC - 2012-09 - Approving Conditional Use Permit 12-03 for Operation of Used Auto Sales Business at 8512 Garvey AvenuePC RESOLUTION 12 -09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 12 -03, FOR THE OPERATION OF USED AUTO SALES BUSINESS LOCATED AT 8512 GARVEY AVENUE, (APN: 5283- 001 -002). WHEREAS, on April 12, 2012, Pon Liu submitted a Conditional Use Permit application requesting to operate a used auto sales business, located at 8512 Garvey Avenue; and WHEREAS, 8512 Garvey Avenue is located in the C -3 (Medium Commercial) zoning district; and WHEREAS, Section 17.112.030(27) of the Rosemead Municipal Code (RMC) permits the operation of automotive - related uses upon the granting of a Conditional Use Permit; and 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, Sections 17.112.010 of the Rosemead Municipal Code specifies the criteria by which a Conditional Use Permit may be granted; and WHEREAS, on June 21, 2012, thirty -seven (37) notices were sent to all 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 12 -03; and WHEREAS, on July 2, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 12 -03; 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 12 -03 is categorically exempt from environmental review as a Class 1 Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) exempts projects that consist of operation, repair, maintenance, permitting, licensing, leasing or minor alteration of existing public or private structures involving negligible or no expansion of an existing use beyond that existing at the time of the Lead Agency's determination. Accordingly, Conditional Use Permit 12 -03 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA guidelines. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 12 -03 according to the criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The granting of such Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. FINDING: The site is designated in the General Plan for Commercial and on the zoning map it is designated C -3 (Medium Commercial). The proposed use is in conformity with the General Plan in that C -3 (Medium Commercial) zoning is a corresponding zone district with the Commercial General Plan land use category. Conditions of approval have been added requiring building and site improvements with the proposed use. These conditions are consistent with Goal 2, Policy 2.7 of the Land Use Element of the City's General Plan in that it calls for the upgrading of commercial uses by implementing architectural and design reviews of proposals for remodels of existing buildings. 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 proposed use will not endanger or be detrimental to surrounding properties as the used car sales lot is small in nature. Due to limitation of available parking stalls on site, the business will be limited to display of six (6) cars maximum. All perimeter fencing will be improved. All exterior lighting will be fully shielded and directed downwards to prevent glare on adjacent properties. A new, decorative, covered trash enclosure is proposed within the parking area. Furthermore, the surrounding land uses are consistent with auto related uses. 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 be detrimental or injurious to the general welfare of the City as conditions of approval have been incorporated upon the issuance of this permit by limiting the number of vehicles permitted for display to six (6). As such, the business is small in nature and is not expected to impact traffic or create undue noise. Conditions of approval have been added requiring existing fencing to be reduced in height along the front property line and new exterior lighting will provide safer visibility for pedestrian and vehicular ingress and egress. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 12 -03 to allow the operation of a used auto sales lot located at 8512 Garvey Avenue, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4 . This action shall become final and effective ten (10) days after the Planning Commission decision, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Section 17.124.070 of the Rosemead Municipal Code. SECTION 5 . This resolution is the result of an action taken by the Planning Commission on July 2, 2012, by the following vote: YES: Eng, Herrera, Hunter, Saccaro NO: None ABSTAIN: None ABSENT: Ruiz SECTION 6 . 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 2 " day of July, 2012. Joan Hunter. Vice- Chair 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 2nd day of July, 2012 by the following vote: YES: Eng, Herrera, Hunter, Saccaro NO: None ABSTAIN: None ABSENT: Ruiz Michelle Ramirez, S er tary APP VED AS TO FORM: Gregory . Murp ommis y Burke, Williams & Sorensen, LLP EXHIBIT "B" CONDTIONAL USE PERMIT 12 -03 8512 GARVEY AVENUE (APN: 5283 - 001 -002) CONDITIONS OF APPROVAL July 2, 2012 1. Conditional Use Permit 12 -03 is approved for the establishment of a used auto sales business to be developed in accordance with the plans marked Exhibit "C ", dated June 13, 2012. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Conditional Use Permit 12 -03 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 12 -03 is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use, or request an extension within 30- calendar days before the expiration of the six (6) month approval period. Otherwise, Conditional Use Permit 12 -03 shall become null and void. 4. Prior to occupancy, the applicant shall obtain a City of Rosemead Business License. 5. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved plans where necessary. 6. Conditional Use Permit 12 -03 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 12 -03. 7. 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. 8. 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. 9. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions for review. 10. The numbers of the address sign 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 /her designee, prior to installation. 11. No portion of the lot, outside of the building, shall be used for storage of any type, other that as allowed in Condition 22, unless designated and approved by the Planning Division. All trash and debris shall be contained within approved trash enclosure(s). 12. 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. 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. The trash enclosure doors shall be closed at all times. 15. 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 and have wheel stops. Such striping shall be maintained in a clear, visible, and orderly manner. 16. Any exterior signage shall be subject to the requirements of the Rosemead Municipal Code and the review and approval of the Planning Division prior to installation. 17. 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 12 -03. 18. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 19. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. 20. The applicant shall submit revised elevation plans illustrating that the garage door located on the front elevation be removed and a new store front window will be installed and a revised floor plan illustrating that the retail sales of automotive accessories shall be incidental to the auto sales business, to the Planning Division, prior to receiving a business license for the auto sales business. 21. One (1) parking lot light standard shall be installed in the rear parking lot area. Submit light fixture details of all proposed exterior lighting to the Planning Division to ensure all fixtures will be fully shielded and directed downwards to prevent glare on adjacent properties. 22. The business is limited to a maximum of six (6) vehicles for on -site display. 23. The fencing along the front property line will be required to be reduced in height, to a maximum height of four (4) feet and the chain link fencing along the east property line be removed entirely. All corrugated metal shall removed from the site. 24. A new trash enclosure with a solid covered roof shall be installed on -site. The trash enclosure walls shall be an integral part of the building design and be of the same architectural style of the development. The trash enclosure shall have opaque steel self - closing and self - latching doors. The trash area must be maintained and the opaque doors shall be closed at all times. (Revised by Planning Commission) Engineering Conditions of Approval 25. The driveway approach must be replaced with a 6 -inch thick commercial driveway approach subject to the approval of the City Engineer. 26. One parkway tree shall be installed within the City right of way.