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PC - 2002 - 53 - Approving Conditional Use Permit 02-885, For The Operation An Auto Body & Paint Shop With The Wholesale And Storage Of Automotive Parts, Located At 2714 River AvenuePC RESOLUTION 02 -53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 02 -885, FORTHE OPERA'T'ION AN AUTO BODY & PAINT SHOP WITH THE WHOLESALE AND STORAGE OF AUTOMOTIVE PARTS, LOCATED AT 2714 RIVER AVENUE IN THE M-1 (LIGHT MANUFACTURING) ZONE. (APN: 5282 -026- 025). WIIEREAS, on August 6, 2002, Nick Ill DBA JT Bonn Inc., submitted a conditional use permit application for the operation of an auto body and paint shop with the wholesale and storage of new automotive parts, located at 2714 River Avenue in the M -1 (Light Manufacturing) zone; and WHEREAS, 2714 River Avenue is located in the M -1 (Light Manufacturing) Zone; and WHEREAS, Section 17.112.030(28)(e) of the Rosemead Municipal Code (RMC) allows automotive painting in the M- l zones, provided however, that spray paint booths must be located at least two hundred (200) feet from any property that is zoned or lawfully used as a residence, 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 17.1110 10 of the Rosemead Municipal Code authorize -the Planning Commission to approve, conditionally approve orderly 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 October 24, 2002, thirteen (13) 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 02 -885; and WHEREAS,.on November 4, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02 -885: and WIIEREAS, 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 02 -885 is Categorically Exempt from environmental review as a Class I 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 02 -885 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 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: As City policy, a new operator must obtain a CUP when a project involves the intensification of the existing use that includes the operation of auto spraying. This site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. This project will include improvements that will greatly enhance the existing industrial site. - 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 industrial district of the City, and is designated Office/Light Industrial 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 industrial areas 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 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: operative'limitations to automotive body work, and the overall maintenance of the site. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 02 -885, to allow the operation of an auto body, and paint shop with the wholesale and storage of new automotive parts, on property located at 2714 River, Avenue, 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 4, 2002, 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 November 2002. Due Loi, Chairman 0 0 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 18th day of November 2002 by the following vote: YES: NO: ABSENT: ABSTAIN: Rosemead Planning Commission Conditional Use Permit 02 -585 November 4, 2002 Page 5 of EXHIBIT "A" CONDITIONAL USE PERMIT 02 -885 2714 River Avenue (JT Bonn Inc.) CONDITIONS OF APPROVAL November 4. 2002 Conditional Use Permit 02 -885 is approved for the operation of an auto body and paint shop with the wholesale and storage of new automotive parts, in conjunction with an auto repair business in accordance with the plan marked Exhibit `B ", dated October 31, 2002. Any revisions to the approved plans must be resubmitted for review and approval by the Plamming Department 2. Approval of Conditional Use Permit 02 -885 shall not take effect for any put 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 Pennit 02 -885 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 02 -885 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 developriment plans submitted to the Planning and Building Departments for review. 7. The property shall comply with all appropriate building, fire, and health department regulations. 8. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 9. 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. 10. 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. 11. 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. 12. All open area not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. M • Rosemead Planning Commission Conditional Use Permit 02 -885 November 4, 2002 ' Page 6 of 7 13. All repair work shall be conducted wholly within the enclosed building. 14. Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. 15. 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 or on any public sidewalk, parkway, street or alley. 16. No portion of the lot, outside of the building, shall be used for storage of debris or automotive parts, unless designated and approved by the Director of Planning. All trash and debris shall be contained within approved trash enclosure(s). 17. 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. 18. Automotive paint spraying shall be conducted within the designated booth area, as shown on the site plan dated October 31, 2002. 19. All proposed sign plans must be reviewed and approved by the Planning Department prior to obtaining permits. The proposed sign for the front of the building shall be in channel letters on a metal raceway. 20. Landscape and irrigation plans are subject to review and approval by the Planning Department. A final inspection of the installation of all landscaping and irrigation will be required prior to a final approval for the Certificate of Occupancy. 21. The landscape plan shall be revised to show the oak tree to remain in the parkway with trimming and pruning to be completed by the city's Parks Maintenance department. 22. Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings. 23. Prior to occupancy, the applicant shall obtain a "Certificate of Occupancy" through the Planning Department and any applicable City of Rosemead business license. 24. Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. . 25. 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, landscaped areas or on any sidewalk, parkway, street, or alley. 26. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 8:00 A.M. to 5:00 P.M., Monday through Friday; 9:00 A.M. to 1:00 P.M. on Saturdays; Closed on Sundays. 27. No public address system will be used at this site at any time. 28. All waste materials shall be handled and disposed of in accordance with local, state, and federal laws and policies. No waste materials shall be washed or poured into any public alley, street, storm drain, or sewer at any time. 29. Applicant shall comply with Sections 8.36.010 - 8.36.180 of the Rosemead Municipal Code (RMC), which pertains to the Noise Control Ordinance. This shall apply to the all business equipment and machinery and security /alarm system for this site.. • Rosemead Planning Commission Conditional Use Permit 01 -885 November 4, 2002 Page 7 of 7 30. The numbers of the address signs 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. The location, color and size of such sign shall be subject to the approval of the Planning Director. 31. Adequate lighting shall be provided in the parking area. Motion- activated lights shall be installed where deemed appropriate by the Director of Planning. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 32. All designated parking areas shall be striped in accordance with Chapter 17.84 of the Rosemead Municipal Code and the approved plans. Such striping shall be maintained in a clear, visible and orderly manner. 33. At least two percent of the required parking shall be designated for handicap space pursuant to California Vehicle Code Section 22511.8. A letter by the property owner shall be given to the City authorizing enforcement. 34. The numbers of the address signs shall be at least 6" tall with a minimum character width of ' /4 ", contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the Planning Director. 35. Signs shall comply with Section 17.104 of the Rosemead Municipal Code (RMC). Signs shall not cover more than 25% of the building area or 15% of the window area. All signs shall comply with Section 17.104.080 (RMC) regarding identification of the type of business in English. 36. The parking space markers shall be re- painted periodically to City standards to the satisfaction of the Planning Department, including double - striping, wheel stops and handicapped parking /markings. 37. The applicant shall maintain a minimum clearance of five (5) feet (free from any debris, storage, furniture, etc.) from any electrical /mechanical equipment and /or emergency exits. 38. Periodic inspections of the subject site shall be conducted by City staff to check that the conditions of this permit are complied with by the applicant. 39. All required approvals, permits, and certificates for the proposed spray booth shall be obtained from the South Coast Air Quality Management District (SCAQMD) and the Los Angeles County Fire Department (LACED) prior to final occupancy approval. 40. Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings.