PC - 2018-02 - Approving zone variance; granting exception to extend perimeter wrought iron fence to six feet. Site located at 7850 Garvey Ave and 2643 Strathmore Ave, in a medium commercial zone PC RESOLUTION 18-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING ZONE VARIANCE 17-06, GRANTING AN EXCEPTION TO
EXTEND THE HEIGHT OF THE EXISTING PERIMETER WROUGHT
IRON FENCE TO SIX FEET. THE SUBJECT SITE IS LOCATED AT 7850
GARVEY AVENUE AND 2643 STRATHMORE AVENUE (APN: 5284-038-
001 and 5284-038-002), IN A MEDIUM COMMERCIAL (C-3) ZONE.
WHEREAS, on December 11, 2017, Jingyao Shi of HJ Auto Group submitted a
Zone Variance application, requesting to exceed the fence height limitation, by extending
an existing perimeter wrought iron fence from four feet to six feet, located at 7850 Garvey
Avenue and 2643 Strathmore Avenue;
WHEREAS, 7850 Garvey Avenue and 2643 Strathmore Avenue are located in a
C-3 zone;
WHEREAS, Section 17.140.040 of the Rosemead Municipal Code provides the
criteria for a Variance;
WHEREAS, Sections 65800 and 65900 of the California Government Code and
Sections 17.140.040 of the Rosemead Municipal Code authorizes the Planning
Commission to approve, conditionally approve, or deny Variances;
WHEREAS, on January 25, 2018, 42 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 public locations and on site, specifying the
availability of the application, and the date, time, and location of the public hearing for
Zone Variance 17-06;
WHEREAS, on February 5, 2018, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Zone
Variance 17-06; 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 Zone
Variance 17-06 is classified as Class 3 Categorical Exemptions, pursuant to Section
15303 of the California Environmental Quality Act guidelines. Section 15303 of the
California Environmental Quality Act guidelines exempts projects consisting of
construction and location of limited numbers of new, small facilities or structures;
installation of small new equipment and facilities in small structures; and the conversion
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of existing small structures from one use to another where only minor modifications are
made in the exterior of the structure.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Zone Variance 17-06, in accordance with Section
17.140.040 of the Rosemead Municipal Code as follows:
A. There are special circumstances or conditions applicable to the subject property
(such as location, shape, size, surroundings, topography, or other physical features, etc.)
that do not apply generally to other properties in the vicinity under an identical zoning
district.
FINDING: HJ Auto Group, Inc. is unique as the company specializes in the resale
of luxury and exotic vehicles. The subject site is located at the southwest corner of
Strathmore Avenue and Garvey Avenue. The subject lot is larger than most lots within
the vicinity. Due to the size of the lot, the vehicles for display for visible from both Garvey
Avenue and Strathmore Avenue.
Special circumstances are applicable to the subject site that do not apply generally
to other properties in the vicinity under the Medium Commercial (C-3) zoning district. The
subject site features a deeper lot depth than the typical properties found within the vicinity
and under the identical zoning district. As shown below, only three of the 15 properties
exceed 130 feet in lot depth. This feature, in conjunction with the rows of tandem parked
vehicles (storage) at the rear of the subject site, decreases visibility of potential criminal
activity towards the subject site for law enforcement.
Lot De.ih Corn.orison
5284-038-001 (Subject Site) 180
5284-038-800 180
5284-038-022 330
5284-028-001 130
5284-028-004 130
5284-028-005 130
5284-028-006 130
5284-028-028 130
5287-038-001 110
5287-038-018 125
5287-038-019 125
5287-038-020 125
5287-038-026 _ _ 111
5287-038-029 111
5287-038-031 125
The Chief of Police has provided the statistics for the "calls for service" at the
subject location over the last year (from January 1, 2017 to January 29, 2018). A total of
15 calls were made, which include calls for burglary alarm, medical assistance,
trespassing, burglary reports, vandalism reports, and possible gun.
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B. Strict compliance with Zoning Code requirements would deprive the subject
property of privileges enjoyed by other property in the vicinity and under an identical
zoning district.
Within the vicinity, there are several properties with existing legal-nonconforming
fences/walls that exceed the height of three feet. Due to an increase in crime that is
affecting the operation of HJ Auto Group, Inc., strict compliance with the Zoning Code
would deprive the property of privileges enjoyed by other properties in the vicinity. In
addition, the Chief of Police had recommended that the applicant extend the height of
their fence to deter criminal activities.
C. Approving the Variance would not constitute a grant of special privilege
inconsistent with the limitations on other properties in the same vicinity and zone in which
the subject property is situated.
FINDING: Within the vicinity, there are several properties with existing legal-
nonconforming fences/walls that exceed the height of three feet. In addition, the subject
site features a deeper lot depth than the typical properties found within the vicinity and
under the identical zoning district. As shown below, only three of the 15 properties exceed
130 feet in lot depth. This feature, in conjunction with the rows of tandem parked vehicles
(storage) at the rear of the subject site, decreases visibility of potential criminal activity
towards the subject site for law enforcement.
D. The requested Variance would not allow a use or activity that is not otherwise
expressly authorized by the regulations governing the subject parcel.
FINDING: The proposed use is automotive sales and is permitted in the C-3 zone.
The requested Variance does not affect the use.
SECTION 3. The Planning Commission HEREBY APPROVES Zone Variance 17-
06, granting an exception to extend the height of the existing perimeter wrought iron fence
to six feet, 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 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 February 5, 2016, by the following vote:
AYES: DANG, ENG, HERRERA, AND LOPEZ
NOES: NONE
ABSTAIN: TANG
ABSENT: NONE
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SECTION 6. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the applicants and the Rosemead Cit Clerk.
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PASSED, APPROVED, and ADOPTED this 5th day of F-bruaryr 2018.
IC^-y/Vt1/
Se:n 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 5th day of
February, 2018, by the following vote:
AYES: DANG, ENG, HERRERA, AND LOPEZ
NOES: NONE
ABSTAIN: TANG
ABSENT: NONE >
Be im, Secretary
APPROVED AS TO FORM:
ane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PC RESOLUTION 18-02)
ZONE VARIANCE 17-06
7850 GARVEY AVENUE AND 2643 STRATHMORE AVENUE
(APN: 5287-011-026)
CONDITIONS OF APPROVAL
FEBRUARY 5, 2018
Standard Conditions of Approval
1. Zone Variance 17-06 ("Project") is approved for the granting of exception to the
allowable maximum height of the perimeter wrought iron fence, located at 7850
Garvey Avenue and 2643 Strathmore Avenue, in accordance with the site plan
marked Exhibit"B", dated December 11, 2017. Any revisions to the approved plans
must be resubmitted for Planning Division review and, if satisfactory, approval.
2. The conditions listed on this attachment shall be copied directly onto any the fence
plan. The fence plan shall be approved by the Planning Division prior to
installation. All conditions shall be complied with to the satisfaction of the Planning
Division prior to final inspection.
3. 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.
4. The on-site public hearing notice posting shall be removed by the end of the 10-
day appeal period of Project.
5. 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.
6. The Planning Commission hereby authorizes the Planning Division to make and/or
approve minor modifications to the project and to these conditions of approval.
7. 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,
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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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Project Specific Conditions of Approval
14. The wrought iron fence shall complement the existing building in color and design.
15. All landscape areas shall be rehabilitated to the satisfaction of the Planning
Division.
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