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PC - 2017-19 - Approving Modification 17-04, A Modification of Conditional Use Permit 17-05 to Incorporate Automobile Sales to a Previously Approved Automobile Rental Establishment. The Subject Site is Located at 9510 Valley Boulevard (APN:8593-001-042), PC RESOLUTION 17-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 17-04, A MODIFICATION OF CONDITIONAL USE PERMIT 17-05 TO INCORPORATE AUTOMOBILE SALES TO A PREVIOUSLY APPROVED AUTOMOBILE RENTAL ESTABLISHMENT. THE SUBJECT SITE IS LOCATED AT 9510 VALLEY BOULEVARD (APN: 8593-001-042), IN A MEDIUM COMMERCIAL WITH A DESIGN OVERLAY (C-3/D-O) ZONE. WHEREAS, on October 4, 2017, Peiji Tong submitted a Modification application requesting to modify Conditional Use Permit 17-05 to incorporate automobile sales to a previously approved automobile rental establishment at 9510 Valley Boulevard; WHEREAS, 9510 Valley Boulevard is located in a Medium Commercial with a Design Overlay (C-3/D-O) zoning district; WHEREAS, Sections 17.120.110 and 17.28.020(C) of the Rosemead Municipal Code provide the criterias for authorizing changes to an approved project and Design Review; WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.120.110 of the Rosemead Municipal Code authorize the Planning Commission to approve changes to development or new use authorized through a permit granted in compliance with the zoning code; WHEREAS, on October 26, 2017, forty (40) notices were sent to property owners within a 300-foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were 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 Modification 17-04; WHEREAS, on November 6, 2017, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 17-04; 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 Modification 17-04 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301. 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, Modification 17-04 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 Modification 17-04, in accordance with Section 17.120.110 and 17.28.020(A)(1) of the Rosemead Municipal Code as follows: A. Per Rosemead Municipal Code, Section 17.120.110(C), a proposed change that does not comply with the criteria identified in subsection B of [RMC Section 17.120.110], or any other provision of the Zoning Code, may only be approved by the original review authority for the project through a modification permit application filed and processed in compliance with [RMC Chapter 17.120]. FINDING: The applicant has submitted a Modification Application requesting to modify Conditional Use Permit 17-05 which was approved by the Rosemead Planning Commission on October 23, 2017, for an automobile rental establishment. The applicant is proposing to incorporate automobile sales to a previously approved automobile rental establishment. The applicant is not proposing to make any changes to the previously approved site, floor, or elevation plans. In addition, the incorporation of automobile sales to a previously approved automobile rental establishment would not affect off- street parking requirements, as off- street parking requirements would be equivalent at one space per 250 square feet, plus one space per display automobile. SECTION 3. The Planning Commission HEREBY APPROVES Modification 17-04 for the modification of Conditional Use Permit 17-05 to incorporate automobile sales to a previously approved automobile rental establishment located at 9510 Valley 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 November 6, 2017, by the following vote: AYES: DANG, ENG, LOPEZ, AND TANG NOES: NONE ABSTAIN: NONE ABSENT: HERRERA 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 Cler . PASSED, APPROVED, and ADOPTED this 6th day of Nove ber, 017. , J • NI Dang, 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 6th day of November, 2017, by the following vote: AYES: DANG, ENG, LOPEZ, AND TANG NOES: NONE ABSTAIN: HER ABSENT: HERRERA .,8eretary AP , A : K e Thuyen, ' anning Commission Attorney Burke, Williams & Sorensen, LLP ATTACHMENT "A" (PC RESOLUTION 17-19) MODIFICATION 17-04 (ORIGINALLY CONDITIONAL USE PERMIT 17-05 AND DESIGN REVIEW 17-04) 9510 VALLEY BOULEVARD (APN: 8593-001-042) CONDITIONS OF APPROVAL NOVEMBER 6, 2017 Standard Conditions of Approvals 1. Conditional Use Permit 17-05 and Design Review 17-04 ("Project") are approved for the establishment of an automobile rental use and the renovation of an existing commercial building facade at 9510 Valley Boulevard, in accordance with the plans marked Exhibit "B", dated July 27, 2017. Modification 17-04 would incorporate automobile sales to a previously approved automobile rental establishment. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. (Modified by the Planning Commission on November 6, 2017). 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. 4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with the City of Rosemead ("City") 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 Project. 6. Project is approved for a period of one (1) year. The applicant(s) shall commence the approved 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 Project 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. Project 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 Project. 9. The applicant(s) 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(s) 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 Community Development Director, or his/her designee, 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. The applicant shall abide by the noise control sections of the Rosemead Municipal Code. 14. The Building Division, Planning Division, and Engineering Division shall have access to the project site 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. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. 17. The site shall be maintained in a graffiti-free state. Any graffiti shall be removed within twenty-four (24) hours. 18. The site shall be maintained in a clean, weed and litter free state. Project Specific Conditions of Approval 19. Each individual automobile for sale or rental shall be driven onto the site. Loading and unloading of automobiles for sale and rent shall be prohibited on site and on the street adjacent from the site. (Modified by the Planning Commission on November 6, 2017). 20. Hours of operation shall be limited from 8:00 a.m. to 6:00 p.m., daily. The hours of operation shall be posted in the front window or door. 21. The security plan, which was approved by the City of Rosemead's Chief of Police shall be implemented and enforced at all times. 22. The glass store front shall consist of clear glass. Any modification shall be reviewed and approved by the Planning Division. 23. The onsite parking lot shall be limited to 12 off-street parking spaces for automobile sales and rental and 11 off-street parking spaces for customer parking. The show room on the first floor of the existing building shall be limited to two display automobiles. (Modified by the Planning Commission on November 6, 2017). 24. There shall be no automobile repair and/or automobile wash uses permitted on- site. 25. Temporary structures shall not be erected on the project site. 26. The applicant shall construct and maintain a fully enclosed trash enclosure on the subject property. Such trash enclosure shall comply with the Rosemead Municipal Code. 27. All property that is vacant, under construction, or being demolished shall be totally enclosed around the perimeter by a fence that is a minimum of six feet in height as measured from adjacent property, subject to the approval of the Community Development Director or other designated officials. The following requirements shall be met: a. The required fence shall be adequately constructed from chain-link, lumber, masonry or other approved materials. The fence shall be entirely self- supporting and shall not encroach or utilize structures or fencing on any adjacent property without prior written approval of the adjacent property owner. b. The fence shall be installed prior to the initiation of any construction or demolition and shall be continuously maintained in good condition. c. Signs stating "PRIVATE PROPERTY, NO TRESPASSING" shall be posted on the fence. d. The provisions of this section shall not apply to a fence or wall as required by any law or regulation of the state of California or any agency thereof. 28. The applicant(s) shall submit a final landscape and irrigation plan to the Planning Division prior to the issuance of building permits. The landscape and irrigation plan shall comply with the City's Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water Efficient Landscape Ordinance and include a sprinkler system with automatic timers and moisture sensors. All landscaping and irrigation shall be installed and completed prior to final Planning Division approval. 29. Any exterior lighting shall be fully shielded and directed downwards as to not project over the property lines of the project site. If needed, a photometric study shall be conducted to the satisfaction of the Planning Division. 30. New wall mounted light fixtures shall be installed on the building exterior walls to break up the façade and reflect the building's new modern design. 31. Planning Division approval of sign plans must be obtained prior to obtaining building permits and/or installation for any signs. 32. The unpermitted freestanding sign shall be removed prior to the Planning Division's final stamp of approval. Any proposed freestanding sign shall consist of a monument sign, not to exceed six (6) feet. 33. All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis to the satisfaction of the Planning Division. 34. Parking area(s) shall be maintained free from conspicuous cracks or holes. All parking striping shall be maintained in a clear, visible, and orderly manner to the satisfaction of the Planning Division.