CC - 2012-50 - Approving Conditional Use Permit 12-01 for the Operation of Automotive Sales Business Located at 7850 Garvey at 2743 Strathmore AvenueRESOLUTION 2012 -50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 12 -01 FOR THE OPERATION
OF AUTOMOTIVE SALES BUSINESS LOCATED AT 7850 GARVEY
AVENUE AND 2743 STRATHMORE AVENUE (APNS: 5284 - 038 -001
AND 002).
WHEREAS, on March 6, 2012, Selina Luong submitted a Conditional Use Permit
application requesting to operate of an automotive sales business, located at 7850
Garvey Avenue and 2743 Strathmore Avenue; and
WHEREAS, 7850 Garvey Avenue is located in the C -3 (Medium Commercial)
zoning district and 2743 Strathmore Avenue is located in the P (Parking) 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. Section 17.112.010 sets criteria required for granting such a permit. These
criteria require that the proposed use is deemed:
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, on August 1, 2012, an Initial Environmental Study for the proposed
project was completed, finding that the proposed project could not have a significant
effect on the environment and a Negative Declaration was prepared, in accordance with
the guidelines of the California Environmental Quality Act, and local environmental
guidelines; and
WHEREAS, on August 20, 2012, the Planning Commission recommended
approval of Conditional Use Permit 12 -01 to the City Council; and
WHEREAS, on August 30, 2012, forty -two (42) notices were mailed to all owners
of real property as shown on the latest equalized assessment roll within 300 feet of the
real properties subject to Conditional Use Permit 12 -01, a notice was published in the
Rosemead Reader on August 30, 2012, and notices were posted in six (6) public
1
locations, specifying the availability of the application, plus the date, time and location of
the public hearing pursuant to California Government Code Section 65091(a)(3); and
WHEREAS, on September 11, 2012, the City Council held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 12 -01; and
WHEREAS, the City Council fully studied the proposed Conditional Use Permit,
Negative Declaration, environmental findings, and considered all public comments; and
WHEREAS, City Council, having final approval authority over this project, has
reviewed and considered all comments received during the public review period prior to
the approval of this project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
HEREBY FINDS, DECLARES, AND RECOMMENDS AS FOLLOWS:
SECTION 1. The CITY COUNCIL HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Conditional Use Permit 12 -01 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) and P (Parking). The proposed
use is in conformity with the General Plan in that the C -3 (Medium Commercial) and P
(Parking) zones are a corresponding zone district with the Commercial General Plan
land use category. In addition, Goal 2, Policy 2.3 of the Land Use Element of the City's
General Plan encourages continued development of self- sustaining commercial uses
within centers located at strategic intersections.
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. The site is completely developed. The project proposes to convert an
existing automotive brokerage office with no car storage to an automotive sales lot. In
addition, the proposed project will require that all customer parking and automotive
display of vehicles be located onsite.
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.
FA
FINDING: The proposed use will not be detrimental or injurious to the general
welfare of the City. The site is completely developed. The project proposes to convert
an existing automotive brokerage office with no car storage to an automotive sales lot.
Because the storage of automotives for sale and noise associated with automotive
ignitions turning on and off are temporary, there is no substantial permanent increase in
ambient noise levels in the project vicinity above levels existing without the project. In
addition, the hours of operation will remain as it is today.
SECTION 2 . The City Council HEREBY APPROVES Conditional Use Permit
12 -01, for the operation of an automotive sales business, located at 7850 Garvey
Avenue and 2743 Strathmore Avenue, subject to conditions listed in Exhibit "C"
attached hereto and incorporated herein by reference.
SECTION 3. The Mayor shall sign this resolution and the City Clerk shall attest
to the adoption thereof.
PASSED, AND ADOPTED, by the City Council of the City of Rosemead, County of Los
Angeles of the State of California on September 11, 2012.
Sandra Armenta, Mayor
ATTEST:
&1A
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
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achel H. Richman, City Attorney
RI
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing
Resolution No. 2012 -50 being:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 12-
01 FOR THE OPERATION OF AUTOMOTIVE
SALES BUSINESS LOCATED AT 7850
GARVEY AVENUE AND 2743 STRATHMORE
AVENUE.
was duly and regularly approved and adopted by the Rosemead City Council on the 11Th of
September, 2012, by the following vote to wit:
Yes: Alarcon, Armenta, Low, Ly
No: None
Abstain: None
Absent: Clark
� I" mst4
Gloria Molleda
City Clerk