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PC - 2018-06 - Approving Modification 17-06 for installation of Automotive Spray Paint Booth at 8630 Garvey Ave APN 5282-001-005, M-1 PC RESOLUTION 18-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 17-06, FOR THE INSTALLATION OF AN AUTOMOTIVE SPRAY PAINT BOOTH WITHIN AN EXISTING AUTOMOTIVE SPECIALTY SHOP, LOCATED AT 8630 GARVEY AVENUE (APN: 5282-001-005), IN A LIGHT MANUFACTURING AND INDUSTRIAL (M-1) ZONE WHEREAS, on July 27, 2017, Wheel House Tire Auto Body& Paint, Inc. submitted a Modification application, requesting to install an automotive spray paint booth within an existing automotive specialty shop, located at 8630 Garvey Avenue; WHEREAS, 8630 Garvey Avenue is located in a Light Manufacturing and Industrial (M-1) zoning district; WHEREAS, Section 17.120.110(C) of the Rosemead Municipal Code provides the criteria for a Modification; WHEREAS, Sections 65800 and 65900 of the California Government Code and Section 17.120.110(C) of the Rosemead Municipal Code authorizes the Planning Commission to approve, conditionally approve, or deny Modification applications; WHEREAS, on February 22, 2018, 46 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 Modification 17-06; WHEREAS, on March 5, 2018, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 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 MODIFICATION 17-06 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of the California Environmental Quality Act guidelines. Section 15301 of the California Environmental Quality Act 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. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 17-06, in accordance with Section 17.120.110(C) of the Rosemead Municipal Code as follows: A. A proposed change that does not comply with the criteria identified in [Section 17.120.110(B) of the Zoning Code], 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 [Chapter 17.120]. FINDING: On June 4, 2007, the Planning Commission approved Conditional Use Permit 07-1088, for the operation of an automotive specialty business involving the installation of tires and rims. The modification to Conditional Use Permit 07-1088 will be substantially similar to the previously approved project. According to the staff report for Conditional Use Permit 07-1088, the project was approved with the consideration of four hydraulic lifts (mechanical hoist) and a mezzanine office area. The new floor plan indicates that only three hydraulic lifts (mechanical hoist) will be located in the shop and the mezzanine area will be utilized as storage. The shop will essentially maintain four service bays, while reducing the floor area designated for office use. The majority of the existing floor area will continue to be utilized for storage. The findings made for the approval of Conditional Use Permit 07-1088 remains valid. SECTION 3. The Planning Commission HEREBY APPROVES Modification 17-06, for the installation of an automotive spray paint booth within an existing automotive specialty shop, located at 8630 Garvey Avenue, 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 5, 2018, by the following vote: AYES: DANG, HERRERA, LOPEZ, AND TANG NOES: ENG ABSTAIN: NONE ABSENT: NONE SECTION 6. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicants and the Rosemead City Clerk. PASSED, APPROVED, and ADOPTED this 5'h day of March; 2018. S-an pang, 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 5'h day of March, 2018, by the following vote: AYES: DANG, HERRERA, LOPEZ, AND TANG NOES: ENG ABSTAIN: NONE ABSENT: NONE 4 B= /gym, Secretary APPROVED AS TO FORM: Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP ATTACHMENT "A" (PC RESOLUTION 18-06) MODIFICATION 17-06 8630 GARVEY AVENUE (APN: 5282-001-005) CONDITIONS OF APPROVAL MARCH 5, 2018 Standard Conditions of Approval 1. Modification 17-06 ("Project") is approved for the installation of an automotive spray paint booth within an existing automotive specialty shop, located at 8630 Garvey Avenue, in accordance with the plans marked Exhibit "B", dated January 22, 2018. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. The conditions listed on this exhibit shall be copied directly onto any development plans. All conditions shall be complied with 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. 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 project, 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 and 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 and/or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead and/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 project, 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 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. 12. 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 construction and operation of the use shall abide by the noise control sections of the Rosemead Municipal Code. 13. The Building and Safety Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. 14. 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 project. 15. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Prosect Specific Conditions of Approval 16. The approved use shall be for the operation of an automotive specialty business, involving: a. Installation of tires and rims on vehicles; and b. Spray painting of vehicles within the approved automotive spray paint booth with associated automotive bodywork. (MODIFIED PER PLANNING COMMISSION ON MARCH 5, 2018) 17. The hours of operation shall be limited to 9:00 a.m. to 5:00 p.m., Monday through Saturday. Any request to extend the hours of operation shall be reviewed and approved by the Director of Community Development. 18. In the event the applicant is required to provide additional exit doors for the building, the doors shall remain closed at all times. 19. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. 20. The site shall be maintained in a clean, weed and litter-free state. All trash containers shall be stored in the approved trash enclosure at all times. All trash and garbage receptacles shall be regularly inspected and cleaned, and maintained in a clean, safe, and sanitary condition. 21. All mechanical/utility equipment (including meters, back flow prevention devices, fire valves, NC condensers, furnaces, and other equipment) shall be located away from public view and/or adequately screened by landscaping or screening walls/parapets so as not to be seen from the public right-of-way and/or adjacent properties to the satisfaction of the Planning Division. Planning Division approved of said screening shall be obtained prior to installation. 22. All roof top appurtenances and equipment shall be adequately screened from view to the satisfaction of the Planning Division. Screening method shall be submitted to the Planning Division for review and approval. 23. The applicant(s) shall keep the electrical and mechanical equipment and/or emergency exits free of any debris, storage, furniture, etc., and maintain a minimum clearance of five (5) feet. 24. All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. The landscape plan shall include a wide variety of colorful and drought tolerant trees, shrubs, flowers and ground covers. 25. The parking area, including loading and handicap accessible spaces, shall be paved and re-painted periodically to City of Rosemead standards to the satisfaction of the Planning Division. All designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner. 26. All automotive service work shall be conducted wholly within the enclosed building. Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. Vehicles to be serviced shall be stored or parked inside the building. Such vehicles may not be located in the required off-street parking or landscape area nor on any public sidewalk, parkway, street, or alley. 27. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Director of Community Development. All trash and debris shall be contained within approved trash enclosure. 28. All waste materials shall be handled and disposed of in accordance with local, state, and federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain or sewer. 29. The applicant shall prepare and maintain a Water Quality Management plan in accordance with Chapter 7, Article 5 (Sanitation & Health Code, RMC) pursuant to the National Pollution Discharge Elimination System (NPDES) Permit Program, subject to the review of the City Building Official. 30. The operator of the equipment including, but not limited to, the automotive spray paint booth, shall obtain a valid permit to construct and to operate the equipment from the South Coast Air Quality Management District prior to construction of the equipment.