PC - Item 3B - Conditional Use Permit 13-02 at 8719 Garvey AvenueE M 6
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°;,:_ 'a ROSEMEAD PLANNING COMMISSION
® STAFF REPORT
/NCO PPOHATED 1q
TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: AUGUST 5, 2013
SUBJECT: CONDITIONAL USE PERMIT 13 -02
8719 GARVEY AVENUE
SUMMARY
Cung Luu of Speedway Transmission has submitted a Conditional Use Permit
application requesting approval to operate an automotive repair business located at
8719 Garrey Avenue in the M -1 (Light Manufacturing and Industrial) zone.
ENVIRONMENTAL DETERMINATION
Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts
projects that consist of the operation, repair, maintenance, permitting, leasing, licensing
or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use
beyond that existing at the time of lead agency's determination. Accordingly,
Conditional Use Permit 13 -02' is classified as a Class 1 Categorical Exemption pursuant
to Section 15301 of CEQA guidelines.
STAFF RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution No. 13 -08 with
findings (Exhibit "A "), and APPROVE Conditional Use Permit 13 -02 subject to twenty -six
(26) conditions outlined in Exhibit "B" attached hereto.
PROPERTY HISTORY AND DESCRIPTION
The subject site is located on the north side of Garrey Avenue, between Bartlett and
Muscatel Avenues. According to Building and Safety records, the 9,750 square foot lot
was developed in 1987. The site was developed with two (2) detached commercial
buildings addressed as 8717 and 8721 Garvey Avenue. In 2004, Speedway
Transmission Parts Company was approved to occupy the building addressed as 8717
for the wholesale of automotive parts. In 2009, a building permit was issued dividing
8717 into two (2) separate units. A new address (8719) was issued for the new rear
unit in 2010.
Planning Commission Meeting
August 5, 2013
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While inspecting the site for the conditional use permit application for the martial arts
studio, City staff discovered that Speedway Transmission was occupying the rear unit
addressed as 8719. The business operations had changed and the business owner
was now repairing automotive transmissions onsite. Rosemead Municipal Code
Section 17.112.030(27)(h) requires the approval of a conditional use permit for the
operation of an automotive repair business located in the C -3 or M -1 zone.
According to business license records, a martial arts studio is operating in the unit
addressed as 8717 Garvey Avenue and a retail business selling vitamins and herbs is
operating in the unit addressed as 8721 Garvey Avenue.
8719 (Rear Unit)
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August 5, 2013
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SITE & SURROUNDING LAND USES
The project site is designated in the current General Plan for Mixed Use:
Industrial /Commercial and on the Zoning map it is designated M -1 (Light Manufacturing
and Industrial) zone. The site is surrounded by the following land uses:
North:
General Plan: Mixed Use: Industrial /Commercial
Zoning: M -1 (Light Manufacturing and Industrial) zone
Land Use: Mobile Home Lot
South:
General Plan:
Mixed Use: Industrial /Commercial
Zoning:
M -1 (Light Manufacturing and Industrial) zone
Land Use:
Warehouse
East:
General Plan: Mixed Use: Industrial /Commercial
Zoning: M -1 (Light Manufacturing and Industrial) zone)
Land Use: Commercial
West:
General Plan: Mixed Use: Industrial /Commercial
Zoning: M -1 (Light Manufacturing and Industrial) zone)
Land Use: Commercial
ADMINISTRATIVE ANALYSIS
Cung Luu of Speedway Transmission is proposing to operate an automotive repair
business located at 8719 Garvey Avenue. Rosemead Municipal Code Section
17.112.030(27)(h) permits the operation of an automotive repair business, located in the
C -3 or the M -1 zone, upon the approval of a Conditional Use Permit.
Site Plan
The site is configured with two (2) detached commercial buildings that front along
Garvey Avenue. The two (2) commercial units take frontage from Garvey Avenue and
the rear unit is accessed from the parking lot at the rear of the lot. The existing 17' -0"
wide driveway is situated between the two (2) commercial buildings. The driveway is
accessed directly from Garvey Avenue and leads to the parking lot located at the rear of
the property. The property is surrounded by a solid six (6) foot tall concrete block wall.',
Two (2) landscape planters are located between the building fronts and the sidewalk.
The site is equipped with a trash enclosure, located along the east side of the property,
behind the unit addressed as 8721 Garvey Avenue. The property is secured with a six
(6) foot tall, wrought iron gate, which is situated between the two (2) buildings along the
width of the driveway. The rear of the property is secured with a concrete block wall,
topped with wrought iron fencing and razor wire.
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August 5, 2013
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Business Operation
According to the applicant, the business builds automatic transmissions for local repair
shops on a wholesale basis. The automotive business will operate Monday through
Friday, from 9:00 am to 5 00 pm, and on Saturdays, from 9:00 am to 2:00 pm.
Parking
As shown on the site plan the property provides ten (10) parking stalls located at the
rear of the site. The table below details the parking demand for the site. Based on the
parking demand for the site and the current uses, the property meets the parking
requirements for onsite parking.
PARKING REQUIREMENTS
Lighting
The property is currently equipped with exterior light fixtures mounted to the building
walls illuminating the driveway and the parking lot. An existing light standard, located
along Garvey Avenue, within the public right- of -way, provides additional lighting for the
driveway approach and entrance onto the subject property.
Conclusion
Staff believes that the proposed use is consistent with the surrounding commercial
properties and land uses in the general area with no foreseeable negative impacts to
the surrounding properties. Staff has included several conditions of approval to ensure
that any potential negative impacts to the adjacent neighborhood are minimized.
MUNICIPAL CODE REQUIREMENTS
Section 17.112.030(27)(h) of the Rosemead Municipal Code (RMC) allows the
operation of automobile repair facilities located within the C -3 or M -1 zone upon the
granting of a Conditional Use Permit (CUP). Section 17.112.010 sets the following
criteria that must be met:
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August 5, 2013
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A. The granting of such a Conditional Use Permit will be in harmony with the
elements or objectives of the General Plan.
FINDING: The site is designated in the General Plan for Mixed Use:
Industrial /Commercial and on the Zoning Map it is designated M -1 (Light
Manufacturing and Industrial). The proposed use is in conformity with the
General Plan in that M -1 (Light Manufacturing and Industrial) zone is a
corresponding zone district with the Mixed Use: Industrial /Commercial General
Plan land use category. Automotive repair is permitted in the M -1 (Light
Manufacturing and Industrial) zone upon the approval of a conditional use
permit.
B. The establishment, maintenance or conduct of the use for which the Conditional
Use Permit is sought will not be detrimental to the health, safety, peace, morals,
comfort or general welfare of the persons residing or working in the
neighborhood thereof.
FINDING: The proposed use will not endanger or be detrimental to surrounding
properties as conditions of approval have been incorporated to prevent any
unforeseeable impacts to general neighborhood. All automotive repairs will be
conducted within the unit and all waste materials shall be stored in accordance
with County and State requirements.
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 be detrimental or injurious to the general
welfare of the City as conditions of approval have been incorporated upon the
issuance of this permit. All automotive repairs shall be conducted within the
unit and the all waste materials shall be stored in accordance with County and
State requirements.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300' radius public hearing notice to thirty -one (31) property owners,
publication in the Rosemead Reader on July 25, 2013, and postings of the notice at the
five (5) public locations and on the subject site.
Planning Commission Meeting
August 5, 2013
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Prepared by:
Gina Casillas
Planning Technician
Submitted by:
U" &Nc�s
Michelle Ramirez
Community Development Director
EXHIBITS:
A. Resolution 13 -08
B. Conditions of Approval
C. Site and Floor Plans, July 23, 2013
D. Assessor's Parcel Map (APN 5289- 010 -024)
Planning Commission Meeting
August 5, 2013
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EXHIBIT "A"
PC RESOLUTION 13 -08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 13 -02, FOR THE
OPERATION OF AN AUTOMOTIVE REPAIR FACILITY LOCATED AT
8719 GARVEY AVENUE, (APN: 5289 - 010 -024).
WHEREAS, on March 25, 2013, Cung Luu submitted a Conditional Use Permit
application to operate an automotive repair business located at 8719 Garvey Avenue;
and
WHEREAS, 8719 Garvey Avenue is located in the M -1 (Light Manufacturing and
Industrial) zoning district; and
WHEREAS, Section 17.112.030(27)(h) of the Rosemead Municipal Code (RMC)
permits automotive repair in the C -3 or M -1 zones upon granting of a Conditional Use
Permit; and
A. The granting of such conditional use permit will be in harmony with the
elements or objectives of the General Plan.
B. The establishment, maintenance or conduct of the use for which the
conditional use permit is sought will not be detrimental to the health,
safety, peace, morals, comfort or general welfare of the persons
residing or working in the neighborhood thereof; and
C. The granting of such conditional use permit will not be detrimental or
injurious to the property and improvements in the neighborhood or the
general welfare.
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 July 25, 2013, thirty -one (31) notices were sent to all property
owners within a 300 -foot radius from the subject property, in addition to notices posted
in five (5) public locations and onsite, specifying the availability of the application, plus
the date, time, and location of the public hearing for Conditional Use Permit 13 -02; and
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August 5, 2013
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WHEREAS, on August 5, 2013 , the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 13 -02; 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 13 -02 is categorically exempt from environmental review as a
Class 1 Exemption pursuant to Section 15301 of the California Environmental Quality
Act (CEQA) relative to projects consisting of the operation, repair, maintenance,
permitting, leasing, licensing or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use beyond that existing at the time of lead agency's determination.
Accordingly, Conditional Use Permit 13 -02 is classified as a Class 1 Categorical
Exemption pursuant to Section 15301 of CEQA guidelines.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 13 -02 according to the
criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows:
A. The granting of such Conditional Use Permit will be in harmony with the
elements or objectives of the General Plan.
FINDING: The site is designated in the General Plan for Mixed Use:
Industrial /Commercial and on the Zoning Map it is designated M -1 (Light Manufacturing
and Industrial) zone. The proposed use is in conformity with the General Plan in that
M -1 (Light Manufacturing and Industrial) zone is a corresponding zone district with the
Mixed Use: Industrial /Commercial General Plan land use category. Automotive repair is
permitted in the M -1 (Light Manufacturing and Industrial) zone upon the approval of a
conditional use permit.
B. The establishment, maintenance or conduct of the use for which the
Conditional Use Permit is sought will not be detrimental to the health, safety, peace,
morals, comfort or general welfare of the persons residing or working in the
neighborhood thereof.
FINDING: The proposed use not endanger or be detrimental to surrounding
properties as conditions of approval have been incorporated to prevent any
unforeseeable impacts to general neighborhood. All automotive repairs will be
conducted within the unit and all waste materials shall be stored in accordance with
County and State requirements.
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August 5, 2013
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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 be detrimental or injurious to the general
welfare of the City as conditions of approval have been incorporated upon the issuance
of this permit. All automotive repairs shall be conducted within the unit and the all waste
materials shall be stored in accordance with County and State requirements.
SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use
Permit 13 -02 to allow the operation of an automotive repair business located at 8719
Garvey Avenue, subject to conditions listed in Exhibit "B" attached hereto and
incorporated herein by reference.
SECTION 4 . This action shall become final and effective ten (10) days after the
Planning Commission decision, unless within such time a written appeal is filed with the
City Clerk for consideration by the Rosemead City Council as provided in Section
17.124.070 of the Rosemead Municipal Code.
SECTION 5 . This resolution is the result of an action taken by the Planning
Commission on August 5, 2013, by the following vote:
YES:
NO:
ABSTAIN:
ABSENT:
SECTION 6 . 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 5 th day of August, 2013.
Diana Herrera, Chair
Planning Commission Meeting
August 5, 2013
Page 10 of 14
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 5 th day of
August, 2013 by the following vote:
YES:
NO:
ABSTAIN:
ABSENT:
Michelle Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
August 5, 2013
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EXHIBIT "B"
CONDITIONAL USE PERMIT 13 -02
8719 Garvey Avenue
(APN: 5289 - 010 -024)
CONDITIONS OF APPROVAL
August 5, 2013
Conditional Use Permit 13 -02 is approved for operation of an automotive repair
business to be developed in accordance with the plans marked Exhibit "C ",
dated July 23, 2013. Any revisions to the approved plans must be resubmitted
for review and approval by the Planning Division.
2. Approval of Conditional Use Permit 13 -02 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 of approval as
set forth in the letter of approval and this list of conditions, within ten (10) days
from the Planning Commission approval date.
3. Conditional Use Permit 13 -02 is approved for a period of six (6) months from
the Planning Commission approval date. The applicant shall initiate the
proposed use, or request an extension within 30- calendar days before the
expiration of the six (6) month approval period. Otherwise, Conditional Use
Permit 13 -02 shall become null and void.
4. Prior to occupancy, the applicant shall obtain a City of Rosemead business
license.
The Planning Commission hereby authorizes the Planning Division to make or
approve minor modifications to the approved plans where necessary.
6. Conditional Use Permit 13 -02 is granted or approved with the City and its
Planning Commission and City Council retaining and reserving the right and
jurisdiction to review and to modify the permit, including the conditions of
approval based on changed circumstances. Changed circumstances include,
but are not limited to, the modification of the use, a change in scope, emphasis,
size, or nature of the use, or the expansion, alteration, reconfiguration, or
change of use. This reservation of right to review is in addition to, and not in
lieu of, the right of the City, its Planning Commission, and City Council to
review and revoke or modify any permit granted or approved under the
Rosemead Municipal Code for any violations of the conditions imposed on
Conditional Use Permit 13 -02.
7. The onsite public hearing notice posting shall be removed by the end of the 10-
day appeal period of Conditional Use Permit 13 -02.
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August 5, 2013
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8. The applicant shall defend, indemnify, and hold harmless the City of Rosemead
or its agents, officers, and employees from any claim, action, or proceeding
against the City of Rosemead or its agents, officers, or employees to attack, set
side, void, or annul, an approval of the Planning Commission and /or City
Council concerning the project, which action is brought within the time period
provided by law.
9. The following conditions must be complied with to the satisfaction of the
Planning Division prior to final approval of the associated plans, building
permits, business license, or any other appropriate request.
10. The conditions listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
divisions for review.
11. 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.
12. No portion of the lot, outside of the building, shall be used for storage of any
type, unless designated and approved by the Planning Division. All trash and
debris shall be contained within approved trash enclosure(s).
13. The numbers of the address sign shall be at least 6" tall with a minimum
character width of 3/4 ", contrasting in color and easily visible at driver's level
from the street. Materials, colors, location, and size of such address numbers
shall be approved by the Community Development Director, or his /her
designee, prior to installation.
14. Occupancy will not be granted until all improvements required by this approval
have been completed, inspected, and approved by the appropriate
department(s).
15. 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) 569 -2345 for assistance.
16. The applicant shall maintain a minimum clearance of five (5) feet (free of any
debris, storage, furniture, etc.) from any electrical /mechanical equipment and /or
emergency exits.
17. 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. All trash, rubbish, and garbage
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August 5, 2013
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receptacles shall be regularly cleaned, inspected, and maintained in a clean,
safe, and sanitary condition. The trash enclosure doors shall be closed at all
times.
18. The parking area, including handicapped spaces, shall be paved and re-
painted periodically to City standards to the satisfaction of the Planning
Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code,
all designated parking stalls shall be double striped and have wheel stops.
Such striping shall be maintained in a clear, visible, and orderly manner.
19. Adequate lighting shall be provided in the parking area where deemed
appropriate by the Planning Division. All exterior lighting shall be directed away
from adjacent properties.
20. Any exterior signage shall be subject to the requirements of the Rosemead
Municipal Code and the review and approval of the Planning Division prior to
installation.
21. All driveway entrances and exits shall remain open and unobstructed at all
times.
22. All repair work shall be conducted wholly within the enclosed building.
23. All waste materials shall be handled and disposed of in accordance with local,
state, and federal laws and policies. No wasted material shall be washed or
poured into any public alley, street, storm drain or sewer.
24. Vehicle(s) to be repaired shall be stored or parked in designated stalls 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.
25. The applicant shall remove the existing razor wire installed on the block wall
located along the perimeter of the property, subject to the approval of the
Community Development Director.
26. Violations of the conditions of approval may result in citation and /or initiation of
revocation proceedings.
Planning Commission Meeting
August 5, 2013
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