PC - Item 3A - Conditional use Permit 14-02 8819 Garvey Avenue Unit A5 and A6ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: MAY 19, 2014
SUBJECT: CONDITIONAL USE PERMIT 14 -02
8819 GARVEY AVENUE UNIT AS AND AS
SUMMARY
Zhan Kai Cui of LYKT Wheels Alignment Products Inc. has submitted a Conditional Use
Permit application for the operation of an automotive repair business, located at 8819
Garvey Avenue, Unit A5 and A6, 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 14 -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. 14 -08 with
findings (Exhibit "A "), and APPROVE Conditional Use Permit 14 -02 subject to twenty -
eight (28) conditions outlined in Exhibit "B" attached hereto.
PROPERTY HISTORY AND DESCRIPTION
The subject site is located along the north side of Garvey Avenue just east of Muscatel
Avenue. The subject site is located within an existing commercial development that has
a total lot area of approximately 54,638 square feet (1.25 acres). According to the Los
Angeles County Assessor's records, the property was originally developed in 1988 with
three detached buildings (currently addressed as 8819, 8821, and 8823 Garvey
Avenue). The development is currently known as the ABC Plaza and consists of 26
commercial units that were designed to accommodate a mixture of uses such as retail,
office, manufacturing and warehousing.
Planning Commission Meeting
May 19, 2014
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North Elevation
Site and Surrounding Land Uses
The project site is designated in the General Plan as Mixed Use: Industrial /Commercial
and is zoned M -1 (Light Manufacturing and Industrial). The site is surrounded by the
following land uses:
North
General Plan:
Mixed Use: Industrial /Commercial
Zoning_
M -1 (Light Manufacturing and Industrial)
Land Use:
Residential
South:
General Plan:
Mixed Use Industrial /Commercial and Low Density Residential
Zoning:
M -1 (Light Manufacturing and Industrial) and R -1 (Low Density
Residential)
Land Use:
Commercial and Residential (Trailer Park)
West:
General Plan:
Mixed Use Industrial /Commercial
Zoning:
M -1 (Light Manufacturing and Industrial)
Land Use
Warehouse and Office
East:
General Plan:
Mixed Use Industrial /Commercial
Zoning:
M -1 (Light Manufacturing and Industrial)
Land Use.
Retail and Office
Planning Commission Meeting
May 19, 2014
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ADMINISTRATIVE ANALYSIS
Zhan Kai Cui of LYKT Wheels Alignment Products Inc. has submitted a Conditional Use
Permit application for the operation of an automotive repair business, Rosemead
Municipal Code Section 17.20.020 permits the operation of an automotive repair
business, located in the M -1 zone, upon the approval of a Conditional Use Permit.
Business Operation
According to the applicant, the business provides general automotive alignment service
and installation of rims and tires to customers. The business also wholesales
automotive parts. The business will operate Monday through Friday from 9:00 a.m. to
6:00 p.m. and Saturday from 9:00 a.m. to 5:00 p.m. Unit A5 is equipped with one
automotive lift and will be utilized for the alignment service and installation of rims and
tires. Unit A6 will be utilized as the business office and storage of automotive parts
(alignment parts, rims, and tires).
Parking
The property is accessed from two vehicular driveways along Garvey and Ivan Avenues.
The property currently provides eighty -four (84) onsite parking spaces. The table
(shown below), illustrates the current uses within the development and the parking
demand for the site.
Parking Analysis
Current Use
Floor Area
Parking Rate
Required
Units
parkin
Retail
0
1/250
0
none
Vacant
0
11250
0
none
ManufacturingNdholesale/
Automotive Repair
8,03155
1/400
PO
A5, A6, A8,A9. B5, C1,
C2, C3
Warehouse /Storage
11,894.5
1/1000
12
A2, A4, A6, AT B2, B3,
B4, B6, T , B8, B9, C6
Garment Manufacturing
4.846.9
1/400
12
Al, A3, C4. C5
Beauty School
4,542
1 space pert
students and 1
er em to ee
22
A1/2, B, B112
Total
I 29,316
I
66
A majority of the units onsite are utilized for warehouse /storage uses. According to the
table above, the center's parking demand illustrates the need for sixty -four (64) parking
spaces, which will result in a surplus of twenty (20) parking spaces.
Property Maintenance
During an inspection of the site, staff discovered that the existing trash enclosure was
not equipped with a solid covered roof. As a result, a condition of approval will be
added to require that the trash enclosure be improved with a solid covered roof.
Planning Commission Meeting
May 19, 2014
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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 17.20.020 of the Rosemead Municipal Code (RMC) allows the operation of
automobile repair facilities located within the M -1 zone upon the granting of a
Conditional Use Permit. Section 17.132.040 sets the following criteria that must be met:
• Approval of the application will not be incompatible or injurious to other
properties or land uses in the vicinity or create condition materially detrimental
to the public health, safety, and general welfare.
FINDING: The site was developed to accommodate a mixture of land uses
such as retail, manufacturing, wholesale, and storage. The addition of the
alignment service business with installation of rims and tires is consistent with
other land uses along Garvey Avenue. The proposed use will not be
detrimental or injurious to the general welfare of the City as all automotive
repairs will be conducted within the unit and all waste materials will be stored
and disposed of in accordance with all local, County, and State requirements.
The use is consistent with the General Plan.
FINDING: The proposed use conforms with the Mixed Use
Industrial /Commercial land use designation of the City's General Plan. The M-
1 (Light Manufacturing and Industrial) zone is a corresponding zone district with
the Mixed Use: Industrial /Commercial General Plan land use category. The
use is permitted in the M -1 zone upon the approval of a Conditional Use Permit.
The use is consistent with the provisions of this Zoning Code.
FINDING: The use is permitted in the M -1 zone upon the approval of a
Conditional Use Permit. The business will comply with all code requirements
such as all automotive repairs will be conducted within the unit and all waste
materials shall be stored and disposed of in accordance with all local, County,
and State requirements.
Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act.
FINDING: 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
Planning Commission Meeting
May 19. 2014
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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. No alterations are proposed to the existing buildings.
The business with operate entirely within the enclosed units. Therefore, this
project is classified as a Class 1 categorical exemption under CEQA.
If development is provided for under the Conditional Use Permit, the project
is consistent with the goals and objectives of the applicable standards and
Design Guidelines in the overlying District.
FINDING: Under this application, the project consists only of interior tenant
improvements. No exterior modifications to the existing building are proposed
with this application.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
Includes a 300' radius public hearing notice to forty (40) property owners, publication in
the Rosemead Reader on May 8, 2014, and postings of the notice at the five (5) public
locations and on the subject site.
P epared
by Submitted by:
Gina Caslllas Michelle Ramirez
Planning Technician Community Development ;rector
EXHIBITS:
A. Resolution 14 -08
B. Conditions of Approval
C. Site Plan and Floor Plan
D. Assessor's Parcel Map (APN 5289- 011 -019)
Planning Commission Meeting
May 19, 2014
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EXHIBIT "A"
PC RESOLUTION 14 -08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 14 -02, FOR THE
OPERATION OF AUTOMOTIVE REPAIR BUSINESS SPECIALIZING IN
ALIGNMENT SERVICE AND INSTALLATION OF RIMS AND TIRES
LOCATED AT 8819 GARVEY AVENUE, UNIT A5 AND A6, (APN: 5289-
011 -019).
WHEREAS, on April 27, 2014, Zhan Kai Cui submitted a Conditional Use Permit
application requesting to operate an automotive repair business specializing in
alignment service and installation of rims and tires located at 8819 Garvey Avenue, Unit
A5 and A6; and
WHEREAS, 8819 Garvey Avenue, Unit A5 and A6 is located in the M -1 (Light
Manufacturing and Industrial) zoning district, and
WHEREAS, Section 17.20.020 of the Rosemead Municipal Code (RMC) permits
automotive repair in the M -1 zone upon granting of a Conditional Use Permit, and
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.132.040 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve or deny Conditional Use Permits; and
WHEREAS, Sections 17.132.040 of the Rosemead Municipal Code specifies the
criteria by which a Conditional Use Permit may be granted; and
WHEREAS, on May 8, 2014, forty (40) 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 14 -02; and
WHEREAS, on May 19, 2014, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 14 -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:
Planning Commission Meeting
May 19, 2014
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SECTION 1. The Planning Commission HEREBY DETERMINES that
Conditional Use Permit 14 -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 14 -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 14 -02 according to the
criteria of Chapter 17.132.040 of the Rosemead Municipal Code as follows:
A. Approval of the application will not be incompatible or injurious to other
properties or land uses in the vicinity or create condition materially detrimental to the
public health, safety, and general welfare.
FINDING: The site was developed to accommodate a mixture of land uses such
as retail, manufacturing, wholesale, and storage. The addition of the alignment service
business with installation of rims and tires is consistent with other land uses along
Garvey Avenue. The proposed use will not be detrimental or injurious to the general
welfare of the City as all automotive repairs will be conducted within the unit and all
waste materials will be stored and disposed of in accordance with all local, County, and
State requirements.
B. The use is consistent with the General Plan.
FINDING: The proposed use conforms with the Mixed Use:
Industrial /Commercial land use designation of the City's General Plan. The M -1 (Light
Manufacturing and Industrial) zone is a corresponding zone district with the Mixed Use:
Industrial /Commercial General Plan land use category. The use is permitted in the M -1
zone upon the approval of a conditional use permit.
C. The use is consistent with the provisions of the Zoning Code.
FINDING: The use is permitted in the M -1 zone upon the approval of a
Conditional Use Permit. The business will comply with all code requirements such as
all automotive repairs will be conducted within the unit and all waste materials shall be
stored and disposed of in accordance with all local, County, and State requirements.
D. The processing and approval of the permit application are in compliance
with the requirements of the California Environment Quality Act.
Planning Commission Meeting
May 19, 2014
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FINDING: 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. No
alterations are proposed to the existing buildings. The business with operate entirely
within the enclosed units. Therefore, this project is classified as a Class 1 categorical
exemption under CEQA.
E. The development is provided for under the Conditional Use Permit, the
project is consistent with the goals and objectives of the applicable standards and
Design Guidelines in the overlying District
FINDING: Under this application, the project consists only of interior tenant
improvements. No exterior modifications to the existing building are proposed.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 14 -02 to allow the operation of automotive repair business specializing in
alignment service and installation of rims and tires located at 8819 Garvey Avenue, Unit
A5 and A6, 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 May 19, 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 19th day of May, 2014.
Diana Herrera, Chair
Planning Commission Meeting
May 19, 2014
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I hereby certify that the foregom
Commission of the City of Ros,
May, 2014 by the following vote:
YES:
NO:
ABSTAIN:
ABSENT:
CERTIFICATION
a true copy of a resolution adopted by the Planning
ad at its regular meeting, held on the 19th day of
Michelle Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
May 19, 2014
Pane 10 of 13
EXHIBIT "B"
CONDITIONAL USE PERMIT 14 -02
8819 Garvey Avenue Unit A5 and A6
(APN: 5289- 011 -019)
CONDITIONS OF APPROVAL
May 19, 2014
1. Conditional Use Permit 14 -02 is approved for operation of an automotive repair business
specializing in alignment service with installation of rims and tires to be developed in
accordance with site plan dated May 6, 2014, 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 14 -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 14 -02 is approved for a period of six (6) months from the date of
adoption of Planning Commission Resolution 14 -08. 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 14 -02 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 14 -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 14 -02.
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May 19, 2014
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7. The onsite public hearing notice posting shall be removed by the end of the 10 -day
appeal period of Conditional Use Permit 14 -02.
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. 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 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
Planning Commission Meeting
May 19, 2014
Page 12 of 13
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 re -paved and re- striped
periodically to City standards to the satisfaction of the Planning Division. In accordance
with 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, exits and drive aisles shall remain open and unobstructed at all
times.
23. All vehicle repair work shall be conducted within Unit A5 only.
24. 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.
25. All waste materials shall be handled and disposed of in accordance with local, State, and
Federal laws and policies. At no time shall waste material be washed or poured into any
public alley, street, storm drain, or sewer.
26. The applicant shall submit architectural plans for review and approval illustrating that a
new solid covered roof will be installed over the existing trash enclosure.
27. The vehicle service area is prohibited from being washed /cleaned with any liquids. At no
time shall any liquids from within the unit flow into the parking lot or driveways.
(Condition of the Engineering Division)
28. Violations of the conditions of approval may result in citation and /or initiation of
revocation proceedings.
Planning Commission Meeting
May 19, 2014
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EXHIBIT "Y
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'42
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SUBJECT SITE