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PC - Item 3B - Conditional Use Permit 13-06 2727 Stingle Avenue Unit 1Aa ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: FEBRUARY 3, 2014 SUBJECT: CONDITIONAL USE PERMIT 13 -06 2727 STINGLE AVENUE UNIT 1A SUMMARY Billy Chuong -Van of Billy's Auto has submitted a Conditional Use Permit application for the operation of an automotive repair business, located at 2727 Stingle Aveune ,Unit Al, in the C -3 MUDO -D (Medium Commercial with a Mixed Use and a Design Overlay) 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 -06 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. 14 -15 with findings (Exhibit "A "), and APPROVE Conditional Use Permit 13 -06 subject to twenty -six (26) conditions outlined in Exhibit "B" attached hereto. PROPERTY HISTORY AND DESCRIPTION The subject site is located on the west side of Stingle Avenue, between Garvey Avenue and the Whittier Narrows Golf Course. According to the Los Angeles County Assessor's Office, the subject site consists of one parcel of land, totaling approximately 54,970 square feet. According to Building and Safety Division records, the property is currently developed with a 24,874 square foot industrial building comprised of multiple tenants, which include auto repair and garment manufacturing businesses. Planning Commission Meeting February 3, 2014 Page 2 of 13 On May 20, 1996, the Planning Commission approved Tentative Parcel Map 19898 and Design Review 88-40 for the construction of a multi- tenant industrial building. The subject tenant space is located at the southeast corner of the building. According to Planning Division records, several entitlements for conditional use permits have been processed for auto repair and garment manufacturing businesses on the subject site. Unit Al In 1997, the Planning Commission approved Conditional Use Permit 97 -718, permitting an automotive repair business to operate within Unit Al. This automotive business closed and in 2002, a business Certificate of Occupancy was issued to a carpentry (wood working) business. Conditional Use Permit 97 -718 expired due to the discontinued automotive use. During a site inspection, staff discovered that this unit was occupied by a new automotive business. 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. The applicant is requesting approval of a new conditional use permit in order to operate his automotive business. SITE & SURROUNDING LAND USES The project site is designated in the current General Plan for Mixed Use: Residential /Commercial (30du /ac) and on the Zoning map it is designated C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay). The site is surrounded by the following land uses: Planning Commission Meeting February 3, 2014 Pape 3 of 13 North: General Plan: Mixed Use: Residential /Commercial (30du /ac) Zoning: C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) Land Use: Residential South: General Plan: Mixed Use: Residential /Commercial (30du /ac) Zoning: C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) Land Use: Industrial East: General Plan: Mixed Use: Residential /Commercial (30du /ac) Zoning: C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay) Land Use: Residential and Industrial West: General Plan: Low Density Residential Zoning: R -1 (Single Family Residential) Land Use: Residential (Trailer Park) ADMINISTRATIVE ANALYSIS Billy Chuong -Van of Billy's Auto is proposing to operate an automotive repair business located at 2727 Stingle Avenue, Unit Al. 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. Business Operation According to the applicant, the business provides general automotive repair services. The automotive business will operate Monday through Saturday, from 9:00 am to 6:00 pm only. Parking Section 17.84.100(B) of the Rosemead Municipal Code (RMC) requires that land uses involving manufacturing and industrial uses to provide one (1) parking space for every 400 square feet of gross square area. The floor plan submitted indicates that the unit that totals 835 square feet area and is equipped with two car lifts. Based on these requirements, a total of two (2) parking spaces are required this business. The site plan illustrates that 78 parking stalls are provided for the development. Site Improvements Several site inspections were completed on the subject property since the project was submitted on October 3, 2013. It was observed at this time that several matters need attention by the properly owner due to the lack of property maintenance over the last several years. For this reason, several conditions of approval have been added that are related to property maintenance by the property owner. The maintenance items listed below will need to be addressed prior to the issuance of a Business License. 1. All landscape planters onsite shall be rehabilitated. Planning Commission Meeting February 3, 2014 Page 4 of 13 2. The existing trash enclosure shall be returned to a sanitary and safe condition. 3. The parking lot shall be power washed and restriped per City of Rosemead parking standards. 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: 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 C- 3- MUDO -D (Medium Commercial with a Mixed Use and Design Overlay). The proposed use is in conformity with the General Plan in that C -3 -D (Medium Commercial with a Mixed Use and Design Overlay) zone is a corresponding zone district with the Mixed Use: Industrial /Commercial General Plan land use category. Automotive repair is permitted in the C -3 (Medium Commercal with a Mixed Use and Design Overlay) 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. Planning Commission Meeting February 3, 2014 Paae 5 of 13 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-seven (37) property owners, publication in the Rosemead Reader on January 23, 2014, and postings of the notice at the five (5) public locations and on the subject site. Prepared by; Submitted by: Gina Casillas Michelle Ramirez Planning Technician Community Development Director EXHIBITS: A. Resolution 14 -15 B. Conditions of Approval C. Site Plan and Floor Plan D. Assessor's Parcel Map (APN 5282 - 009 -018) Planning Commission Meeting February 3, 2014 Pape 6 of 13 EXHIBIT " A " PC RESOLUTION 14 -15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 13 -06, FOR THE OPERATION OF AN AUTOMOTIVE REPAIR FACILITY LOCATED AT 2727 STINGLE AVENUE, UNIT Al (APN: 5282 - 009 -018). WHEREAS, on October 3, 2013, Billy Chuong -Van submitted a Conditional Use Permit application requesting to operate an automotive repair business located at 2727 Stingle Avenue, Unit Al; and WHEREAS, 2727 Stingle Avenue, Unit Al is located in the C- 3- MUDO -D (Medium Commercal with Mixed Use and Design Overaly) 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 January 13, 2014, thirty -seven (37) 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 -06: and Planning Commission Meeting February 3, 2014 Page 7 of 13 WHEREAS, on February 3, 2014 , the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 13 -06; 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 -06 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 -06 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 -06 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 is designated in the General Plan for Mixed Use: Industrial /Commercial and on the Zoning Map it is designated C- 3- MUDO -D (Medium Commercial with a Mixed Use and Design Overlay). The proposed use is in conformity with the General Plan in that C -3 -D (Medium Commercial with a Mixed Use and Design Overlay) zone is a corresponding zone district with the Mixed Use: Industrial /Commercial General Plan land use category. Automotive repair is permitted in the C -3 (Medium Commercal with a Mixed Use and Design Overlay) 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 Planning Commission Meeting February 3, 2014 Page 8 of 13 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 -06 to allow the operation of an automotive repair business located at 2727 Stingle Avenue, Unit Al, 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 February 3, 2014, 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 3' day of February, 2014. Diana Herrera, Chair Planning Commission Meeting February 3, 2014 Page 9 of 13 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 3` day of February, 2014 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 February 3, 2014 Paoe 10 of 13 EXHIBIT "B" CONDITIONAL USE PERMIT 13 -06 2727 Stingle Avenue Unit Al (APN: 5282- 009 -018) CONDITIONS OF APPROVAL Feburary 3, 2014 1. Conditional Use Permit 13 -06 is approved for operation of an automotive repair business to be developed in accordance with site plan dated January 16, 2014 and floor plan dated November 12, 2013, marked as Exhibit "C. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Conditional Use Permit 13 -06 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 -06 is approved for a period of six (6) months from the date of adoption of Planning Commission Resolution 14 -05. The applicant shall commence the proposed use or request an extension within 30- calendar days prior to expiration. The six (6) months initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning Division and Building and Safety Division so long as the project is not abandoned. If Conditional Use Permit 13 -06 has been unused, abandoned, or discontinued for a period of six (6) months, it 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 -06 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 -06. Planning Commission Meeting February 3, 2014 Page 11 of 13 7. The onsite public hearing notice posting shall be removed by the end of the 10 -day appeal period of Conditional Use Permit 13 -06. 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. Prior to submittal to the Planning, Building, Fire, Sheriff, and Health Departments for any approvals related to this Conditional Use Permit, the applicant shall submit a revised and correct site plan to the Planning Division, which shall be subject to Division review and approval. 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 Planning Commission Meeting February 3, 2014 Page 12 of 13 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 power washed, paved, and re- striped 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. All landscape planters onsite shall be rehabilitated and maintained at all times. 20. 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. 21. The applicant shall obtain Planning Division approval for all exterior signage. 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. 22. All driveway entrances and exits shall remain open and unobstructed at all times. 23. All repair work shall be conducted wholly within the enclosed building. All 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. 24. 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. 25. All site maintenance issues listed in Conditions 17, 18, and 19 shall be completed by the property owner prior to the issuance of a City of Rosemead Business License. 26. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. Planning Commission Meeting February 3, 2014 Pane 13 of 13 EXHIBIT "D" L / 52 8 2 SCALE I•: 100• - flA ]969 OFFICE O 59 55g [W4iY OF LOS ANCEL55 COpIgIG!i ®R92 R RE0. 1pl(; 93WjL 9551RIWN] , P.0.153 BK Ca 7 5209 —� GARVEY AVEa �-- T- � TRACT p p N0� M 91 I X30 p II IE i l i �a (z OF� E — 1- r nLu - J r C _ 0 Ib - -.PG PG - 10 -- 25 II P M 27 - 43 1 0 6 I I u z SUBJECT SITE M9 16 0. _© pl T PG