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PC - 2002 - 44 - Approving The Modification Of Conditional Use Permit 97-722, For The Modification Of An Existing Conditional Use Permit For The Expansion Of An Existing Automotive Repair Business Into The Adjacent Space Unit 1A• 0 PC RESOLUTION 02 -44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE MODIFICATION OF CONDITIONAL USE PERMIT 97- 722, FOR THE MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING AUTOMOTIVE REPAIR BUSINESS INTO THE ADJACENT SPACE UNIT 1A, LOCATED AT 2727 STINGLE AVENUE UNIT 2A IN THE M -1 D (LIGHT MANUFACTURING WITHIN A DESIGN OVERLAY) ZONE. (APN: 5282- 009 -018). WHEREAS, on July 22, 2002, Hoa Tu Tran D.B.A. Tran's Precision Automotive filed a application to modify an existing conditional use permit for the expansion of an existing automotive repair business into the adjacent space Unit 1 A, located at 2727 Stingle Avenue Unit 2A; and WHEREAS, 2727 Stingle Avenue Unit 2A is located in the M -1 D (Light Manufacturing within a Design Overlay) Zoning District; and WHEREAS, Section 17.112.030(28.h) ofthe Rosemead Municipal Code (RMC) permits the automotive repair in the M -1 zone upon the granting of a Conditional Use Permit (CUP). Section 17.110.010 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 17.110.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS, Sections 17.110.010 of the Rosemead Municipal Code specifies the criteria by which a conditional use permit may be granted; and WHEREAS, on August 8, 2002, 37 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 the Modification of Conditional Use Permit 97 -722; and WHEREAS, on July 15, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 97 -722; 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 97 -722 is Categorically Exempt 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 the Modification of Conditional Use Permit 97 -722 according to the Criteria of Chapter 17.110.010 of the Rosemead Municipal Code as follows: A. The establishment, maintenance, and operation of the proposed use so applied for will 0 e 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, FINDING: The proposed expansion of this business will not be detrimental to the health, safety, morals, comfort, or general welfare of persons in the surrounding area because the business currently operates out of an existing industrial center that allows for manufacturing type businesses. The neighboring properties are also zoned for manufacturing with a majority of the land uses being industrial- based. B. 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 property and improvements in the neighborhood. FINDING: The establishment of this expanded business will not be detrimental or injurious to the property and improvement in the neighborhood because the surrounding area is zoned for manufacturing. In addition, the automotive -based business will only operate out of its designated space and conditions have been added to this permit request to ensure that there are no adverse effects to the surrounding area. 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 extent of this permit request is so small that it is expected not to be detrimental or injurious to the general welfare of the City. With the subject site zoned for light manufacturing and designated industrial in the General Plan, this subject site as well as the neighboring businesses and properties are reviewed and permitted in respect of its compliance with local ordinances. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 97 -722, for the modification of an existing conditional use permit for the expansion of an existing automotive repair business into the adjacent space Unit IA, on property located at 2727 Stingle Avenue Unit 2A, 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 August 19, 2002, by the following vote: YES: HERRERA, ALARCON, BREEN, ORTIZ NO: ABSTAIN: ABSENT: LOI SECTION 5 . The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the to Rosemead City Clerk. 1 PASSED, APPROVED and ADOPTED this 16'day of September 2002. G� 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 16th day of September 2002 by the following vote: YES: NO: ABSTAIN: ABSENT: • • Rosemead Planning Commission Conditional Use Permit 97 -722 August 19. 2002 Page 3 of 5 EXHIBIT "A" CONDITIONAL USE PERMIT 97 -722 (Modification) 2727 Stinglc Avenue Units 1A & 2A CONDITIONS OF APPROVAL August 19, 2002 I. The Modification of Conditional Use Permit 97 -722 is approved for the expansion of an existing auto repair business in Unit 2A to include the adjacent space Unit IA, in accordance with the plan marked Exhibit" B ". Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval of the fication of Conditional Use Permit 97 -722 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 set forth in the letter of approval and this list of conditions. 3. The Modification of Conditional Use Permit 97 -722 is approved for a period ofone (I) year. Applicant shall make progress towards initiation of proposed use or request 30 days prior to expiration from the Planning Commission. Otherwise the Modification of Conditional Use Permit 97 -722 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, Sheri IT and Health Departments. Planning staff shall have access to the subject property at anytime during construction to monitor progress. 6. All conditions of MODIFICATION OF CONDITIONAL USE PERMIT 97 -722 must be complied with to the satisfaction of the Director of Planning. Any changes to the condition of operation listed in this Exhibit "A" must be first approved by the Planning Commission through a modification process. Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. 9. The hours of operation shall be posted in the front window or door. I -lours ofoperation shall be limited to the hours of: 7:00 A.M. to 7:00 P.M., Monday through Saturday. 10. All repair work shall be conducted wholly within the enclosed building. 1 l . 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 sidewalk, parkway, street or alley. 12. No portion of the lot, outside of the 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). 13. 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 at any time. Rosemead Planning Commi."ion Conditional Use Permit 97 -722 August l9, 2002 . Page 4 of S 14. No public address system will be used at this site at any lime. 15. Signs shall comply the "Tenant Sign Specification Plan" for 2727 Slingle Avenue, on file with the City of Rosemead. 16. 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. 17. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 18. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty -four (24) hours. A 24 -11011r, Graffiti Hotline call be called at (626) 307 -0463 for assistance. 19. 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 limes. 20. Adequate lighting sliall be provided in the vehicle parking area. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 21. All designated parking spaces, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the 1'lanningDcpartment. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such striping shall be maintained in a clear, visible, and orderly manner. 22. Pursuant to California Vchicic Code Section § 22261.8, at least two (2) percent of the required parking stalls shall be designated for handicap space. A letter by the property owner shall be given to the city authorizing enforcement. 23. The parking space markers — including double striping, wheel stops, and handicapped - -shall be repainted periodically to city standards and to the satisfaction of the planning department. 24. 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. 25. Any changes to the condition of operation listed in this Exhibit "A" must be first approved by the Planning Commission through a modification application. The Planning Commission through a design review must first approve exterior changes to this site. 26. All open area not covered by concrete, asphalt, or structures shall be landscaped and maintained with the City of Rosemead. 27. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings.