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PC - 2014-08 - 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).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 AS 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: 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. 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. A. 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: DINH, ENG, HERRERA, LOPEZ, AND 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 19th day of May, 2014. PA— Diana Herrera, Chair 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 19th day of May, 2014 by the following vote: YES: DINH, ENG, HERRERA, LOPEZ, AND TANG NO: NONE ABSTAIN: NONE ABSENT: NONE Michelle Ramirezjecretary APPROVED AS TO FORM: Gregory M. u Planning Commission Attorney Burke, William Sorensen, LLP EXHIBIT "B" CONDITIONAL USE PERMIT 14 -02 8819 Garvey Avenue Unit A5 and A6 (APN: 5289- 011 -019) CONDITIONS OF APPROVAL May 19, 2014 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. 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. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved plans where necessary. 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. 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 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 and the existing enclosure doors will be repaired and /or replaced. (Condition modified by the Planning Commission on May 19, 2014) 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.