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PC - 2002 - 26 - Approving Conditional Use Permit 02-872, for the Construction of a New Auto Repair Garage in Conjunction with an Auto Repair Business, Located at 8048-8050 Garvey Avenue1] PC RESOLUTION 02 -26 C A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 02 -872, FOR THE CONSTRUCTION OF A NEW AUTO REPAIR GARAGE IN CONJUNCTION WITH AN AUTO REPAIR BUSINESS, LOCATED AT 8048- 8050 GARVEY AVENUE IN THE C -3; MEDIUM COMMERCIAL ZONE. (APN: 5284- 016 -002). WHEREAS, on April 16, 2002, Kevin and Mimi Luu DBA Kevin Auto, submitted a conditional use permit application for the construction of a new auto repair garage in conjunction with an auto repair business, located at 8048 -8050 Garvey Avenue in the C -3; Medium Commercial zone; and WHEREAS, 8048 -8050 Garvey Avenue is located in the C -3; Medium Commercial Zone; and WHEREAS, Section 17.112.030(28) of the Rosemead Municipal Code (RMC) allows "Automotive- related uses including automotive repair in the C 7 3 and M -1 zones" in any zone, 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: • Essential or desirable to the public conveniences or welfare; • In harmony with the elements or objectives of the General Plan, and; • Not to be detrimental or injurious to surrounding property; and 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 May 9, 2002, thirty -two (32) 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 -872; and WHEREAS, on May 20, 2002, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 02 -872; 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 02 -872 is Categorically Exempt from environmental review as a Class 32 Exemption pursuant to Section 15332 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 -872 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The conditional use permit applied for is authorized by the provision s 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. 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 3rd day of June 2002 by the following vote: YES: NO: ABSENT: ABSTAIN: William Crowe, Secretary •osemead Planning Commission Conditional Use Permit 01 -872 May 20, 2002 Page 5 of 6 EXHIBIT "A" CONDITIONAL USE PERMIT 02 -872 8048 -8050 Garvey Avenue (Kevin Auto) CONDITIONS OF APPROVAL May 20, 2002 1. Conditional Use Permit 02 -872 is approved for the construction of a new auto repair garage in conjunction with an auto repair business in accordance with the plan marked Exhibit `B ", dated May 2, 2002. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval of Conditional Use Permit 02 -872 shall not take effect for any purpose 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 Permit 02 -872 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 -872 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 development plans submitted to the Planning and Building Departments for review. 7. Construction activities shall be limited to take place between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or on any legal holidays. 8. All utilities and connection cables shall be underground. The underground conversion of these utilities shall consider all future connections to the satisfaction of the Director of Planning. 9. The property shall comply with all appropriate building, fire, and health department regulations. 12. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 13. 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. . 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. 15. 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. �► e Rosemead Planning Commission Conditional Use Permit 02 -872 May 20, 2002 Page 6 of 6 16. All open area not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 17. All repair work shall be conducted wholly within the enclosed building. 18. Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. 19. 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 nor on any public sidewalk, parkway, street or alley. 20. 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 enclosure(s). 21. 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. 22. The applicant shall prepare and maintain a Water Quality Management plan in accordance with Chapter 7, Article 5 (Sanitation & Health Code, RMC) pursuant to the National Pollution Discharge Elimination System (NPDES) Permit Program, subject to the review of the City Building Official. 23. Repaint the exterior of the office building with Frazee Exterior Paint "Cape Cod Gray" to match the proposed new garage. 24. Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings.