PC - 2015-02 - Approving Conditional Use Permit 14-04, To Establish an Automobile Rental Use Without Automobile Repair at 4237 Rosemead BoulevardPC RESOLUTION 15 -02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 14 -04, TO ESTABLISH AN
AUTOMOBILE RENTAL USE, WITHOUT AUTOMOBILE REPAIR. THE
SUBJECT PROPERTY IS LOCATED AT 4237 ROSEMEAD
BOULEVARD (APN: 5391 - 011 -001), IN THE C -3 (MEDIUM
COMMERCIAL) ZONE.
WHEREAS, on December 10, 2014, Jiajie Li has submitted a Conditional Use
Permit application requesting to establish an automobile rental use, without automobile
repair. The proposed project will include interior tenant improvements;
WHEREAS, 4237 Rosemead Boulevard is located in the C -3 (Medium
Commercial) zone;
WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the
criteria for a Conditional Use Permit;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.132.040 of the Rosemead Municipal Code authorizes the Planning
Commission to approve, conditionally approve, or deny Conditional Use Permit
applications;
WHEREAS, on March 5, 2015, thirty -two (32) notices were sent to property
owners within a 300 -foot radius from the subject property, in addition to notices posted
in five (5) public locations and on -site, specifying the availability of the application, and
the date, time, and location of the public hearing for Conditional Use Permit 14 -04, and
on March 5, 2015, the notice was published in the Rosemead Reader;
WHEREAS, on March 16, 2015, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Conditional Use Permit 14 -04; 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 -04 is classified as a Class 9 Categorical Exemption, pursuant to Section
15309 of the California Environmental Quality Act guidelines. Section 15309 of the
California Environmental Quality Act (CEQA) guidelines exempts projects consisting of
activities limited entirely to inspections, to check for performance of an operation, or
quality, health, or safety of a project, including related activities such as inspection for
possible mislabeling, misrepresentation, or adulteration of products.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Conditional Use Permit 14 -04, in accordance with
Section 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 conditions materially detrimental to the
public health, safety, and general welfare.
FINDING: The subject property is located in an established commercial corridor
of Rosemead Boulevard. An existing automobile rental use has been established on the
adjacent property to the north of the subject property. Also, the City of Rosemead Public
Safety Department does not have any concerns with the establishment of an automobile
rental use, without automobile repair, on the subject property. As such, an automobile
rental use will be compatible with the land uses in the vicinity and will not create any
foreseeable conditions materially detrimental to the public health, safety, and general
welfare.
B. The use is consistent with the General Plan.
FINDING: According to the City of Rosemead General Plan, Land Use Goal 2
aims to expand opportunities for concentrated commercial and industrial uses that
contribute jobs and tax revenues to the community. The subject property is located in an
established commercial corridor of Rosemead Boulevard. An existing automobile rental
use has been established on the adjacent property to the north of the subject property.
As such, the automobile rental uses will be concentrated in an established commercial
corridor.
C. The use is consistent with the provisions of this Zoning Code.
FINDING: According to Rosemead Municipal Code, Section 17.16.020, a
Conditional Use Permit is required to establish an automobile rental (no repair) use in
the C -3 (Medium Commercial) zone. An automobile rental use, without automobile
repair, will be consistent with the provisions of the Rosemead Zoning Code, subject to
the Conditions of Approval imposed by the City of Rosemead Planning Commission.
D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act.
FINDING: Section 15309 of the California Environmental Quality Act (CEQA)
guidelines exempts projects consisting of activities limited entirely to inspections, to
check for performance of an operation, or quality, health, or safety of a project, including
related activities such as inspection for possible mislabeling, misrepresentation, or
adulteration of products. Accordingly, Conditional Use Permit 14 -04 is classified as a
Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines.
E. 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: The proposed project does not consist of any changes to the exterior
fagade of the building, nor does it consist of the addition of new floor area. Conditions of
Approval will be imposed upon the Conditional Use Permit to ensure orderly
development of the project site.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 14 -04 for the establishment of an automobile rental use, without automobile
repair, at 4237 Rosemead Boulevard, and subject to the conditions listed in Attachment
"A" attached hereto and incorporated herein by reference.
SECTION 4. This action shall become final and effective ten (10) days after this
decision by the Planning Commission, unless within such time a written appeal is filed
with the City Clerk for consideration by the Rosemead City Council as provided in
Rosemead Municipal Code Section 17.160.040 — Appeals of Decisions.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on March 16, 2015, by the following vote:
YES: ENG, LOPEZ, AND TANG
NO: NONE
ABSENT: HERRERA
ABSTAIN: 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 16 day of March, 2015.
4'
Nancy E g, h it
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 16 day of
March, 2015, by the following vote:
YES: ENG, LOPEZ, AND TANG
NO: NONE
ABSENT: HERRERA
ABSTAIN: NONE
Michelle RamirezjOcretary
APPROVED TO F
Gregory M. M Vfphy, Plan nin ommission Attorney
Burke, Williams & Sorensen, LLP
ATTACHMENT "A"
CONDITIONAL USE PERMIT 14 -04
4237 ROSEMEAD BOULEVARD
(APN: 5391 - 011 -001)
CONDITIONS OF APPROVAL
March 16, 2015
1. Conditional Use Permit 14 -04 is approved for the establishment of an automobile
rental use, without automobile repair, in accordance with the plans marked
Exhibit "C ", dated March 5, 2015. Any revisions to the approved plans must be
resubmitted for the review and approval of the Planning Division.
2. The following conditions must be complied to the satisfaction of the Planning
Division prior to final approval of the associated plans, building permits,
occupancy permits, or any other appropriate request.
3. The conditions listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
Divisions for review.
4. Approval of Conditional Use Permit 14 -04 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.
5. The on -site public hearing notice posting shall be removed by the end of the 10-
day appeal period of Conditional Use Permit 14 -04.
6. Conditional Use Permit 14 -04 is approved for a period of one (1) year. The
applicant shall commence the proposed project or request an extension within 30
calendar days prior to expiration. The one (1) year 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 and Building Divisions, so long as the project is not
abandoned. If Conditional Use Permit 14 -04 has been unused, abandoned, or
discontinued for a period of one (1) year, it shall become null and void.
7. The Planning Commission hereby authorizes the Planning Division to make
and /or approve minor modifications to the project and to these conditions of
approval.
8. Conditional Use Permit 14 -04 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 -04.
9. 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.
10. 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.
11. Building permits will not be issued in connection with any project until such time
as all plan check fees and all other applicable fees are paid in full. Prior to
issuance of building permits, any required school fees shall be paid. The
applicant shall provide the City with written verification of compliance from the
applicable school districts.
12. The numbers of the address signs shall be at least six (6) inches tall with a
minimum character width of 3/4 inch, 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 Planning Division, prior to installation.
13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday
through Saturday. No construction shall take place on Sundays or on any federal
holiday, without prior approval by the City.
14. The Building Division, Planning Division, and Engineering Division shall have
access to the subject property at any time during construction to monitor
progress.
15. All requirements of the Building and Safety Division, Planning Division, and
Engineering Division shall be complied with prior to the final approval of the
proposed construction.
16. All ground level mechanical /utility equipment (including meters, back flow
prevention devices, fire valves, A/C condensers, furnaces, and other equipment)
shall be located away from public view or adequately screened by landscaping or
screening walls so as not to be seen from the public right -of -way.
17. 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.
18. All existing fences and walls shall match in color. All proposed fences, walls, and
landscape screening shall comply with the Rosemead Municipal Code.
19. The hours of operation shall be limited to 10:00 AM to 6:00 PM, daily. The hours
of operation shall be posted in the front window or door.
20. The site shall be maintained in a clean, weed and litter free state.
21. All unpermitted additions, patios, and /or canopies shall be removed.
22. Temporary structures shall not be erected on the subject property.
23. All signage unrelated to the subject business shall be removed. Any proposed
signage shall be submitted to the Planning Division for review and approval. All
proposed signage shall comply with the Rosemead Municipal Code.
24. The parking lot shall be periodically re- slurry sealed and re- striped per City of
Rosemead parking standards, to the satisfaction of the Planning Division.
25. All washing and detailing of automobiles parked on site for rental shall comply
with State and Federal clean water laws and the City's NPDES requirements.
The applicant shall submit a water drainage containment plan to the City
Engineer for review and approval prior to any washing and /or detailing of
automobiles parked on site. No washing or detailing of automobiles not parked
on site for rental shall be allowed on site. (Modified by Planning Commission
on March 16, 2015)
26. No automobile repair operation shall be deemed to be authorized on the subject
property by this permit.
27. Violations of the conditions of approval may result in citation and /or initiation of
revocation proceedings.
28. The applicant shall construct and maintain a trash enclosure on the subject
property. Such trash enclosure shall comply with the Rosemead Municipal Code.
(Modified by Planning Commission on March 16, 2015)