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PC - 2013-08 - Approving Conditional Use Permit 13-02, For the Operation of An Automotive Repair Facility Located at 8719 Garvey AvenuePC 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 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. 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: DINH, ENG, HERRERA, LOPEZ, TANG NO: NONE ABSTAIN: NONE ABSENT: NONE 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. 9✓a "/. G P2 Gy2tiN 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: DINH, ENG, HERRERA, LOPEZ, TANG NO: NONE ABSTAIN: NONE ABSENT: NONE (M r .1/1 �. �AAA � Michelle Ramirez, S cretary APPROVED AS TO FORM: Gregory p lanni Co fission Attorney Burke, Williams & Sorensen, LL 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. 5. 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. The onsite public hearing notice posting shall be removed by the end of the 10- day appeal period of Conditional Use Permit 13 -02. 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 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 pertain to the repair or rebuilding of transmissions only. No general automotive repair authorized by this permit. Further, all repair work shall be conducted wholly within the enclosed building. (Modified by the Planning Commission on August 5, 2013) 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.