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PC - Item 4A - Conditional Use Permit 08-09ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: JANUARY 20, 2009 SUBJECT: CONDITIONAL USE PERMIT 08-09 FOR ESTABLISHMENT AND OPERATION OF A GARMENT MANUFACTURING BUSINESS AT 4929 WALNUT GROVE AVENUE. SUMMARY On October 23, 2008, Classic Tees, Inc. submitted a Conditional Use Permit application requesting approval to establish and operate a garment manufacturing business within an existing 9,960 square-foot warehouse located at 4929 Walnut Grove'Avenue. The subject site is located in the M-1 (Light Manufacturing and Industrial) Zone. Environmental Determination Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of inspections to check for the performance of an operation, or for quality, health, or safety of a project. Accordingly, Conditional Use Permit 08-09 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. Municipal Code Requirements Section 17.112.030 (22) of the Rosemead Municipal Code (RMC) allows the operation of garment manufacturing, processing, or assembling including sewing and cutting in the M-1 Zone upon the granting of a Conditional Use Permit (CUP). Section 17.112.010 sets the following criteria that must be met: • That the Conditional Use Permit applied for is authorized by the provisions of this title; and • That the granting of such Conditional Use Permit will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located; and Planning Commission January 20, 2009 Page 2 of 14 • That the establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood; and • That the granting of such Conditional Use Permit will not adversely affect the General Plan of the city. Staff Recommendation Staff recommends that the Planning Commission APPROVE Conditional Use Permit 08-09 and ADOPT Resolution 09-02 for a period of six (6) months subject to conditions of approval outlined in Exhibit "B." attached hereto. ANALYSIS Property History and Description The subject site is located along the west side of Walnut Grove Avenue just north of Grand Avenue. The subject site has a total lot area of approximately 76,990 square feet (1.7 acres). According to Building and Safety Department records, the property is currently developed with five buildings that accommodate a mixture of warehouse, office and manufacturing businesses. The subject building has an interior floor area of approximately 9,960 square-feet. The building was built in 1976 and has been used for a number of uses including warehouse, grocery and office uses over the last several years. According to Planning Division records, one (1) zone change application was approved for the subject property. Zone Change #45 was approved by the City Council on July 14, 1970, to change the zone of the subject property from C-M (Commercial Manufacturing) zone to M-1 (Light Manufacturing) zone to allow the property to be used for a roofing and concrete office and storage yard. Planning Commission January 20, 2009 Paqe 3 of 14 Site and Surrounding Land Uses The site is designated in the General Plan for Office/Light Industrial and on the Zoning Map it is designated M-1 (Light Manufacturing and Industrial Zone). The site is surrounded by the following land uses: North: General Plan: Office/Light Industrial Zoning: M-1 (Light Manufacturing and Industrial) Land Use: Warehouse and Office buildings South: General Plan: Low Density Residential Zoning: R-1 (Low Density Residential) Land Use: Residential West: General Plan: Low Density Residential and Office/Light Industrial Zoning: R-1 (Low Density Residential) and M-1 (Light Manufacturing and Industrial) Land Use: Manufacturing facilities and Residential East: General Plan: Low Density Residential and Office/Light Industrial Zoning: R-1 (Low Density Residential) and M-1 (Light Manufacturing and Industrial) Land Use: Manufacturing facilities and Residential Administrative Analysis The applicant is proposing to establish and operate a garment manufacturing business at 4929 Walnut Grove within an existing 9,960 square foot warehouse building. Classic Tees, Inc. utilizes finished textiles to manufacture a variety of garment products for local, regional and international market. The applicant is proposing to operate Monday through Friday from 8:30 a.m. to 5:30 p.m. and Saturday from 9:00 am to 2:00 p.m. However, a condition of approval has been added limiting hours of operation from 8:00 am to 6:00 pm Monday through Saturday. The facility shall be closed on Sundays and legal holidays. The proposed business will employ twenty-six (26) manufacturing workers and four (4) office administrators on the largest shift for a total of thirty (30) employees. The subject business is proposed with a total of thirty eight (38) sewing machines. No vehicles or trucks will be operated or parked on-site in conjunction with the subject business. Finished merchandise will be picked up by private vendors and distributed to different retail stores. Planning Commission January 20, 2009 Page 4 of 14 The table below provides an overview of the existing building square footages and land uses on-site. Table: 1- EXISTING BUILDINGS AND USE B ildi Existing Square footage Current land use u ngs Office Warehouse Manufacturing 4915 5,426 s ft 6,536 s ft Vacant 4947 600 s ft Vacant 4949 8,867 s ft Vacant 4941 940 sq ft 4,235 sq ft Warehouse and Office 4929 856 sq ft 4,684 sq ft 4,420 sq ft Warehouse and Office TOTAL 7,822 sq ft 24,322 sq ft 4,420 sq ft Floor Plan The building has three main exits along the north elevation of the building and one main entrance to the east. The combined floor area of the subject warehouse building is 9,960 square feet. The existing floor plan will remain as is, as no interior tenant improvements are proposed. The floor plan will include an eight hundred and fifty six (856) square-foot office, a four thousand eight hundred and fourteen (4,814) square-foot warehouse area and a four thousand two hundred and ninety (4,290) square-foot garment manufacturing area. The building will contain thirty eight (38) sewing machines, three (3) restrooms, a small lunch area, an office and a conference room: The subject building will contain a large manufacturing area containing garment racks for finished and unfinished garment pieces. Parking and Circulation The site is accessed via a 20-foot driveway off of Walnut Grove Avenue and the parking spaces are separated by a 24-foot drive aisle. Section 17.84.100 of the Rosemead Municipal Code requires office uses to provide one (1) parking space per two hundred and fifty (250) square feet of office floor area, one (1) parking space for every one thousand (1,000) square feet of gross floor area of warehouse or storage area and one (1) parking space for every four hundred (400) square-feet of gross floor area or one parking space for each two (2) employees on the largest shift, whichever is greater, for manufacturing and industrial uses. Planning Commission January 20, 2009 Page 5 of 14 The applicant indicates that the proposed development meets these requirements as shown on the site plan, attached as exhibit "C" with a total of ninety (90) existing parking spaces. The table bellow provides a parking analysis for the subject site. USE SQUARE PARKING PARKING PARKING FOOTAGE CALCULATION REQUIRED PROVIDED Office 7,822 1 per 250 square feet 32 Manufacturing/Industrial 4,420 1 per 400 square feet Number of employees 30 or 15 1 per 2 employees which ever is greater Warehouse 24,322 1 per 1,000 square 25 feet Total 72 90 Site Improvements Staff inspected the site on January 11, 2009, and found that several site maintenance issues should be addressed. For this reason staff is recommending that the following property improvements be completed prior to issuance of certificate of occupancy in order to improve aesthetic value of the site. 1. Repair trash enclosure doors by replacing old slats with new slats. 2. All landscape planters requiring rehabilitation shall be improved with new, colorful and drought tolerant shrubs, flowers and ground cover. All weeds shall be removed and automatic irrigation system repaired. The above items have been included as conditions of approval for this Conditional Use Permit. Conclusion Staff concludes that the proposed garment manufacturing business at this site is appropriate because the property is zoned for manufacturing uses and similar manufacturing businesses exist on site. Specific conditions of approval have been added to minimize any adverse impacts that the business may have on the neighborhood or surrounding properties. PUBLIC NOTICE PROCESS On January 8, 2009, fifty-one (51) written notices of this public hearing were mailed to property owners within 300 feet of the subject site, a public hearing notice was posted on-site and five (5) notices were posted in designated public places. . Planning Commission January 20, 2009 Page 6 of 14 Prepar George Associate Planner Submitted by: Sheri Bermejo Acting Planning Services Manager EXHIBITS: A. Resolution No. 09-02 B. Conditions of Approval C. Site and Floor Plan D. Assessor's Parcel Maps (APN: 5373-033-025) Planning Commission January 20, 2009 Pape 7 of 14 EXHIBIT "A" PC RESOLUTION 09-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 08-09, FOR THE OPERATION OF A GARMENT MANUFACTURING BUSINESS LOCATED AT 4929 WALNUT GROVE AVENUE IN THE M-1 (LIGHT MANUFACTURING AND INDUSTRIAL) ZONE. (APN: 5373-033-025) WHEREAS, on October 23, 2008, Classic Tees submitted a Conditional Use Permit application proposing to establish and operate a garment manufacturing business in a 9,960 square-foot existing warehouse building located at 4929 Walnut Grove Avenue; and WHEREAS, this property is located at 4929 Walnut Grove Avenue and is currently located in the M-1 (Light Manufacturing and Industrial) zone; and WHEREAS, Sections 65800 and 65900 of the California Government Code, and Section 17.112.010 of the Rosemead Municipal Code (RMC) authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS applicant must obtain a Conditional Use Permit in order to establish and operate a garment manufacturing business subject to specific development standards under Sections 17.112.030 (22) of the Rosemead Municipal Code. Rosemead Municipal Code Section 17.112.101 specifies the criteria by which a Conditional Use Permit may be granted and these criteria are as follows. • The establishment, maintenance and operation of the proposed use will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood; • The establishment, maintenance and operation of the use will not be detrimental or injurious to the property and improvements in the neighborhood; and • The establishment, maintenance and operation of the use will not be detrimental to the general welfare of the city; and • The issuance of the Conditional Use Permit is consistent with the General Plan. WHEREAS, on January 8, 2009, fifty-one (51) notices were sent to property owners within a 300-foot radius from the subject property, in addition to notices being posted in public locations, and the posting of an on-site public hearing notice specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 08-09; and Planning Commission January 20, 2009 Page 8 of 14 WHEREAS, on January 20, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 08-09: 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 08-09 is classified as a Categorical Exemption pursuant to Section 15309 of California Environmental Quality (CEQA). Section 15309 of the California Environmental Quality Act exempts projects that consist of inspections to check for the performance of an operation, or for quality, health, or safety of a project. Accordingly Conditional Use Permit 08-09 is classified as a Class 9 categorical Exemption pursuant to Section 15309 of CEQA guidelines. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 08-09 according to the criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The Conditional Use Permit applied for is authorized by the provisions of this title and that the granting of such Conditional Use Permit will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located. FINDING: The proposed garment manufacturing activities will be conducted entirely within an enclosed building. Additionally, as part of the project review process, this business will be inspected and approved by responsible agencies to ensure compliance with all applicable regulations. Conditions of approval have been added to protect the welfare of persons working and residing in the neighborhood such as limiting the hours of operation and number of employees. Therefore, no detriment to the general welfare of people working or residing in the neighborhood is anticipated. B. The establishment, maintenance or conduct of the use for which the Conditional Use Permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood. FINDING: The proposed development has taken into consideration the adjacent property improvements to ensure consistency with the surrounding uses. The proposed garment manufacturing will be conducted on a manufacturing zoned property within similar manufacturing land uses on-site. No physical site changes are proposed at this time. Staff has added conditions of approval to protect the surrounding properties from residual noise, vibration and other factors that may result into adverse effects to the Planning Commission January 20, 2009 Page 9 of 14 neighborhood. Additionally, the property is surrounded by an existing six-foot perimeter block wall and all trash enclosures on-site are fully enclosed to prevent visual impacts. Therefore, maintenance and operation of the proposed garment manufacturing facility will not be injurious to the property and improvements in the neighborhood. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case, be detrimental or injurious to the general welfare of the City. FINDING: The proposed use is located within a manufacturing/industrial zone. Rosemead Municipal Code requires any new garment manufacturing operator to obtain a Conditional Use Permit for such use in M-1 (Light Manufacturing and Industrial Zone).This site will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. Therefore no detriment to the general welfare of the City is anticipated. D. Issuance of the Conditional Use Permit is consistent with the General Plan. FINDING: The proposed use is located within an industrial district of the City. The General Plan designation is Office/Light Industrial and on the zoning map it is designated M-1 (Light Manufacturing and Industrial). The proposed use is in conformity with the General Plan and complementary to the existing businesses surrounding the property. SECTION 3. The Planning Commission HEREBY approves Conditional Use Permit 08-09 to allow the establishment and operation of a garment manufacturing facility within a 9,960 square-foot building located at 4929 Walnut Grove Avenue subject to the conditions of approval listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4. This resolution is the result of an action taken by the Planning Commission on January 20, 2009, by the following vote: YES: NO: ABSENT: ABSTAIN: 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 20th day of January, 2009. Daniel Lopez, Chairman Planning Commission January 20, 2009 Paae 10 of 14 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 20th day of January 2009, by the following vote: YES: NO: ABSENT: ABSTAIN: Sheri Bermejo, Secretary Planning Commission January 20, 2009 Page 11 of 14 EXHIBIT "B" CONDITIONAL USE PERMIT 08-09 4929 WALNUT GROVE AVENUE (APN 5373-033-025) CONDITIONS OF APPROVAL January 20, 2009 1. Conditional Use Permit 08-09 is approved for establishment and operation of a garment manufacturing facility, developed in accordance with the plans marked Exhibit "C," dated December 22, 2008. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Conditional Use Permit 08-09 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. 3. Conditional Use Permit 08-09 is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use or request extension within 30-calender days before the expiration of the six (6) month approval period. Otherwise, Conditional Use Permit 08-09 shall become null and void. 4. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved plans. 5. Conditional Use Permit 08-09 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 08-09. 6. 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. Planning Commission January 20, 2009 Page 12 of 14 7. The following conditions must 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. 8. The hours of operation shall be posted in the front window or door. The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Saturday. The garment factory shall be closed on Sundays and all legal holidays. 9. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Planning Division. All trash and debris shall be contained within approved trash enclosure(s). 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. Prior to issuance of certificate of occupancy, all requirements and appropriate licenses of the State of California shall be complied with and maintained at all times. 11. All trash, rubbish and garbage receptacles shall be regularly cleaned, and inspected and maintained in a clean, safe and sanitary condition. 12. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of % inch, contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the City Planner. 13. The parking area, including handicapped spaces, shall be paved and re-painted periodically to City standards to the satisfaction of the Planning Department. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking venues shall be striped. Such striping shall be maintained in a clear, visible, and orderly manner. 14. The parking space markers-including double striping, wheel stops, and handicapped--shall be repainted periodically to city standards and to the satisfaction of the Planning Department. 15. The applicant shall maintain a minimum clearance of five (5) feet (free of any debris, storage, furniture, etc.) from any electrical/mechanical equipment and/or emergency exits. 16. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. Planning Commission January 20, 2009 Page 13 of 14 17. Conditions of approval listed on Exhibit "B" shall be copied directly onto final development plans submitted to the Planning and Building Division for review. 18. Occupancy will not be granted until all improvements required by this approval have been approved, completed and inspected by the appropriate department(s). 19. Prior to issuance of certificate of occupancy all existing trash doors shall be improved by replacing old slats with new slats. 20. The applicant shall provide City staff with copies of the Public Health License from the County of Los Angeles and Certificate of Registration from the California Garment Manufacturing Industry prior to the issuance of occupancy permit. 21. The number of employees, including managers, shall be limited to thirty (30) on any given shift. 22. Prior to the issuance of a Certificate of Occupancy, all landscape planters requiring rehabilitation shall be improved with new, colorful and drought tolerant shrubs, flowers and ground covers. All landscaped planters shall be maintained with adequate landscaping and shall be maintained on a regular basis including removal of weeds, trash and litter. 23. No bed sheets, pieces of garments, cardboard or curtains shall be permitted to cover windows or entrances at any time. Any necessary screening material must first be approved by the Planning Department before installation. 24. The applicant shall submit a sign plan to the Planning Department for review and approval prior to the issuance of a building permit. Total wall sign area shall not exceed two (2) square feet for each linear foot of building frontage. Window signage shall not cover more than 15% of window area. 25. No open flame cooking device/hot plates shall be used on site to heat food. 26. City staff shall have access to the subject property at all times to monitor compliance. 27. There shall be no new mechanical equipment located on the sides of the building. All new ground level and roof top appurtenances and/or mechanical equipment shall be adequately screened such that they are not visible from adjacent properties. 28. 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. 29. 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