PC - 2015-22 - Denying Administrative Use PErmit 15-03, A Request to Establish a Vehicle Towing with Storage Use PC RESOLUTION 15-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
DENYING ADMINISTRATIVE USE PERMIT 15-03, A REQUEST TO
ESTABLISH A VEHICLE TOWING WITH STORAGE USE AT 8723
GARVEY AVENUE (APN: 5289-010-026). THE SUBJECT PROPERTY
IS LOCATED IN THE M-1 (LIGHT MANUFACTURING AND
INDUSTRIAL) ZONE.
WHEREAS, on June 2, 2015, Juan Cuevas submitted an Administrative Use
Permit application to establish a vehicle towing with storage use at 8723 Garvey
Avenue;
WHEREAS, 8723 Garvey Avenue is located in the M-1 (Light Manufacturing and
Industrial) zone;
WHEREAS, Section 17.20.020 of the Rosemead Municipal Code provides that
an Administrative Use Permit is required to establish a vehicle towing with storage use;
WHEREAS, Section 17.128.040 of the Rosemead Municipal Code provides the
criteria for an Administrative Use Permit;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.128.040 of the Rosemead Municipal Code authorizes the Planning
Commission to approve, conditionally approve, or deny Administrative Use Permit
applications;
WHEREAS, on December 21, 2015, forty-one (41) notices were sent to property
owners within a 300-foot radius from the subject property, in addition to notices posted
in six (6) public locations and on-site, specifying the availability of the application, and
the date, time, and location of the public hearing for Administrative Use Permit 15-03,
and on December 24, 2015, the notice was published in the Rosemead Reader;
WHEREAS, on January 4, 2016, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to
Administrative Use Permit 15-03; 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 FINDS AND DETERMINES
that facts do exist to justify denying Administrative Use Permit 15-03, in accordance with
Section 17.128.040 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 Planning Commission cannot make this finding. Approval of the
application would be injurious to the residential land uses within the vicinity of the
subject site. Significant disruptive noises, odors, and fumes produced by the tow trucks
and operation of the tow business appear to be inevitable, and would be detrimental to
current residents of the adjacent mobile home park. Due to the close proximity of mobile
homes to the subject site, there do not appear to be any feasible measures to effectively
mitigate the aforementioned impacts, which would occur throughout the day and night.
B. The use is consistent with the General Plan.
FINDING: According to the General Plan, site design shall take into
consideration any adjacent residential neighborhoods with regard to parking lot
entrances, location of parking and loading facilities, building massing, and lighting. The
existing parking lot entrance will continue to be on Garvey Avenue. The parking area is
strategically configured to mitigate any potentially disruptive noises and lighting from
impacting adjacent residential neighborhoods.
C. The use is consistent with the provisions of this Zoning Code.
FINDING: According to Rosemead Municipal Code, Section 17.20.020, an
Administrative Use Permit is required in order to establish a vehicle towing with storage
use in the M-1 (Light Manufacturing and Industrial) zone. The proposed use will be
consistent with the provisions of the Rosemead Zoning Code, subject to the Conditions
of Approval.
D. 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 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 the lead agency's determination. Accordingly,
Administrative Use Permit 15-03 is classified as a Class 1 Categorical Exemption
pursuant to Section 15301 of CEQA guidelines.
E. If development is provided for under the Administrative 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 will not modify the existing building form nor add
any new floor area to the existing building. As proposed, the project will be consistent
with the goals and objectives of the applicable standards and Design Guidelines in the
overlying district. Conditions of approval will be imposed upon the Administrative Use
Permit to ensure orderly maintenance of the project site.
SECTION 2. The Planning Commission HEREBY DENIES Administrative Use
Permit 15-03, a request for the establishment of a vehicle towing with storage use at
8723 Garvey Avenue.
SECTION 3. 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 4. This resolution has been prepared as the result of unanimous
direction by the Planning Commission.
SECTION 5. 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 4`" day of January, 2016.
1 A
ohn Tan. C :ir
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 e day of
January, 2016, by the following vote:
AYES: DANG, ENG, HERRERA, LOPEZ, AND TANG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
•
Michelle Ramirez, S ary
APPROVED AS TO FO .
Gr y��hy, Plajmmission Attorney
Burke, Williams & Sorensen, LLP