Loading...
PC - 2002 - 02 - Approving the Modification of Conditional Use Permit 99-765, Allowing the Operation of a Retial Use in Conjunction with a Garment manufacturing BusinessRESOLUTION 02 -02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF, ROSEMEAD APPROVING THE MODIFICATION OF CONDITIONAL USE PERMIT 99 -765, ALLOWING THE OPERATION OF A RETAIL USE IN CONJUNCTION WITH A GARMENT MANUFACTURING BUSINESS THE M -1; LIGHT MANUFACTURING ZONE, LOCATED AT 8955 -8963 EAST GARVEY AVENUE (APN: 5289 -019 -058). WHEREAS, Shaianne Su, 463 West Camino Real Avenue, Arcadia, CA 91007 requests to modify an existing conditional use permit for the operation of a retail use in conjunction with a garment manufacturing business located at 8955 -8963 East Garvey Avenue; and WHEREAS, 8955 -8963 East Garvey Avenue is located in the M -1; Light Manufacturing Zoning District; and WHEREAS, Section 17.112.040 of the Rosemead Municipal Code (RMC) permits the Planning Commission to modify an existing conditional use permit; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.1 12.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS, Sections 17.112.010 ofthe Rosemead Municipal Code specifies the criteria by which a conditional use permit may be granted; and WI IERE AS, on January 24, 2001, 37 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 avai lability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 99 -765; and WHEREAS, on December 17, 2001, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to the modification of Conditional Use Permit 99 -765; 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 the modification of Conditional Use Permit 99 -765 is limited to the operation of structures involving no expansion of use beyond that previously existing. Such projects are listed as a Class 1 Categorical Exemption under Section 15301 of the California Environmental Quality Act and local environmental guidelines. Therefore, this project is exempt from environmental review. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving the modification of Conditional Use Permit 99 -765 according to the Criteria of Chapter 17.112.040 of the Rosemead Municipal Code as follows: A. The project is essential and desirable to the public convenience or welfare. FINDING: This permit carries with it conditions that reflect the operational standards for an retail and manufacturing business in the allowable zoning districts. The requested use will offer the Conlin Lill ity additional choices in apparel shopping areas that are currently underserved in this portion of the City. B. The project is in conformity with the elements and objectives of the General Plan and Zoning Codes. FINDING: This permit request will not adversely affect the established character of the comm11uiiily because conditions have been incorporated to address possible issues related to the operations of this retail and manufacturing establishment. C. The project will not be detrimental to the surrounding properties. FINDING: This establishment will not be detrimental to the public welfare of the adjacent properties and neighborhood because of its establishment in the city since March 1999. This development was designed to complement the adjacent businesses and staff has received no complaints against this existing business. SECTION 3 . The Planning Commission HEREBY APPROVES modification of Conditional Use Permit 99 -765, for the expansion of a retail use in conjunction with a garment manufacturing business, 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 December 17, 2001, by the following vote: YES: ALARCON, ORTIZ, BREEN, LOI, RUIZ 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 7th day of January, 2002. V � �1'y�.J .� . ��� GQ/ ZCN'�✓ William Alarcon, Chaimran I • • 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 7th day of January 2002 by the following vote: YES: NO: ABSENT: ABSTAIN: GrJ G� William Crowe, Secretary Rosemead Planning Connnission Conditional Use Permit 99 -765 inod. December 17, 2001 Page 4 of EXHIBIT A CONDITIONAL USE PERMIT 99 -765 Modification 8963 Garvey Avenue (dba Fashion Studio) CONDITIONS OF APPROVAL December 17, 2001 1. Conditional Use Permit 99 -765 (Modification) is approved for an expansion to an existing retail use in conjunction with a garment manufacturing business 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 Conditional Use Permit 99 -765 (Modification) shall not take effect for any purpose until the applicant has filed with the City of Rosemead an 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. The applicant shall sign a notarized affidavit agreeing to these conditions within ten (10) days of approval. 3. Conditional Use Permit 99 -765 (Modification) is approved for a period of one (1) year. Applicant shall make progress towards initiation of proposed use or request 30 days prior to expiration from the Planning Commission. Otherwise Conditional Use Permit 99 -765 (Modification) 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. Prior to occupancy, the applicant shall obtain a Certificate of Occupancy through the Planning Department and any applicable City of Rosemead business license. 6. Conditional Use Permit 99 -765 (Modification) is approved with an occupancy load not to exceed 22 employees (including managers, etc.) at any time, based on the proportional share of on -site parking spaces and a parking ratio of one parking space per two employees and a parking ratio of one space per 250 square feet of retail space. 7. All trash, rubbish, and garbage receptacles shall be regularly cleaned, and inspected and maintained in a clean safe and sanitary condition. 8. 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. 9. The hours of garment and retail operation shall be posted in the front window or door. Hours of operation for the garment factory shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Saturday. Hours of operation for the retail business - shall be limited to 8:00 a.m. to 7:00 p.m., Monday through Sunday. The garment factory shall be closed on Sundays and all legal holidays. 10. Window signage area shall be limited to, a maximum of 15% of the window and door area. Applicant shall remove that signage which exceeds the 15% coverage area. 11. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Specifically, signs shall not cover more than 15% of window area or 25% of wall areas. All signs must comply with Section 17.104.080 regarding identification of the business in English. Rosemead Planning Commission Conditional Use Permit 99 -765 mod. December 17, 2001 Page 5 of 5 12. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the planning and building departments for review., 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. Adequate lighting shall be provided in the vehicle parking area. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 16. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Department. 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. 17. Pursuant to California Vehicle 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. 18. 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. 19. 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. 20. Prior to occupancy, the applicant shall submit a copy of the "Garment Manufacturing License" from the State of California Department of Industrial Relations to the Planning Department for inclusion into the CUP file. 21. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings. 22. A sign shall be submitted and approved by the Planning Department for the retail store.