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PC - 2002 - 51 - Approving Conditional Use Permit 02-896, For The Operation Of A Retail, Installation, And Service Establishment Of New And Used Tire Within An Existing Service Site, To Be Located At 8717 East Garveu AvenuePC RESOLUTION 02 -51 J A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 02 -896, FOR THE OPERATION OF A RETAIL, INSTALLATION, AND SERVICE ESTABLISHMENT OF NEW AND USED TIRES WITHIN AN EXISTING SERVICE SITE, TO BE LOCATED AT 8717 EAST GARVEY AVENUE IN THE M -1 (LIGHT MANUFACTURING) ZONE. (APN: 5289- 010 -024) WHEREAS, on September 5, 2002, David Cortez filed a conditional use permit application for the operation of a retail business with installation and service of new and used tires, located at 8717 East Garvey, which is in the M -1 (Light Manufacturing) zone; and WHEREAS, 8717 East Garvey is located in the M -1 (Light manufacturing) Zoning District; and WHEREAS, Section 17.112.030(7) of the Rosemead Municipal Code (RMC) permits the sale of used equipment and machinery in the C -3 and M 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 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, 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 10, 2002, 33 notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in 9 public locations, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 02 -896; and WHEREAS, on October 21, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02 -896; 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: sn SECTION 1 . The Planning Commission HEREBY DETERMINES that Conditional Use Permit 02 -896 is Categorically Exempt from environmental review as a Class 9 Exemption pursuant to Section 15309 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 -896 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: • • 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 4th day of November 2002 by the following vote: YES: NO: ABSTAIN: ABSENT: f' r ® •Conditional Use Permit 02 -896 October 21, 2002 Page 4 of 6 EXHIBIT "A" CONDITIONAL USE PERMIT 02 -896 8717 East Garvey Avenue (DBA David's Tires) CONDITIONS OF APPROVAL October 21, 2002 Extension of Conditional Use Permit 02 -896 is approved for one (1) year from the date of these conditions. At least 30 days prior to the end of this one (1) year period, the applicant shall file a written extension request to the Planning Department. 2. Extension of Conditional Use Permit 02 -896 shall not take effect for any purpose until the applicant had filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions, within ten (10) days of approval. 3. The property shall be maintained in accordance with the plans marked Exhibit B (on file) except where otherwise noted. Any changes to said plans shall require Planning Commission approval through a modification hearing. 4. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Departments for review. 5. 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. 6. Prior to occupancy, the applicant shall obtain a "Certificate of Occupancy" through the Planning Department and any applicable City of Rosemead business license. Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. There shall be no exterior telephones in the public right -of -way. The applicant shall assist the City to have all such items removed from the property. 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. 10. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 8:30 A.M. to 6:00 P.M., Monday through Saturday; and 8:30 A.M. to 3:00 P.M. on Sundays. 11. No public address system will be used at this site at any time. 12. 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. 13. There shall be no exterior telephones in the public right -of -way. The applicant shall assist the City to have all such items removed from the property. 14. Prior to occupancy, the applicant shall obtain a "Certificate of Occupancy" through the Planning Department and any applicable City of Rosemead business license. *Conditional Use Permit 02 -896 October 21, 2002 Page 5 of 6 15. 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, including management of guard dogs (if applicable). 16. All trash, rubbish and garbage receptacles shall be .regularly cleaned, and inspected and maintained in a clean, safe and sanitary condition. 17. All open areas not covered by concrete, asphalt, or structures shall be landscaped with turf and maintained on a regular basis per plans dated May 4, 2000. 18. 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. 19. The site shall be maintained in a clean, weed, 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. Any new litter and graffiti shall be removed within twenty -four (24) hours. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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 ofbusiness in English. 25. 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. 26. 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. 27. 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. 28. Under this permit, work is limited to the installation and service of new and used tires. General automotive mechanical repair, automotive paint spraying or bodywork is not permitted at this site or under this permit. *Conditional Use Permit 02 -896 October 21, 2002 Page 6 of 6 29. All equipment must be stored within installation area and to the rear of the designated work area. No equipment shall be operated on or stored within the parking area and adjacent to the entrance of the designated work area. 30. Remove all weed overgrowth in the front landscape area. 31. Improve front landscape area by installing new plants, shrubs, and restoring irrigation system. 32. Remove all items stored outside including auto body parts, grocery carts, metal trash cans and cleaning equipment, to name a few. 33. Remove all inoperable vehicles. 34. Relocate trash bin away from the rear of the lot to the rear of 8721 Garvey Avenue. 35. Repaint building wall that has splattered paint. No paintwork on vehicles is to be conducted within site. 36. Submit sign plan for proposed business sign to be reviewed and approved by the Planning Department. 37. Repair the exterior damages of the east side of 8717 East Garvey Avenue. Damaged areas include the remaining portions of a removed canopy and roofing and interior repair to the work area. 38. Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings.