PC - Item 3B - Administrative Use Permit 15-03 at 8723 Garvey AvenueROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM: PLANNING DIVISION
DATE: JANUARY 4, 2016
SUBJECT: ADMINISTRATIVE USE PERMIT 15 -03
8723 GARVEY AVENUE
Summary
Juan Cuevas submitted an Administrative Use Permit application to establish a vehicle
towing with storage use at 8723 Garvey Avenue. The existing building consists of 1,800
square feet of floor area. The proposed project would not add any new floor area to the
property. The subject property is located in the M -1 (Light Manufacturing and Industrial)
zone.
Environmental Determination
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.
Staff Recommendation
It is recommended that the Planning Commission ADOPT Resolution No. 15 -22 with
findings (Exhibit "A"), and APPROVE Administrative Use Permit 15 -03, subject to the 30
conditions outlined in Attachment "A" attached hereto.
Property History and Description
The property is located on the north side of Garvey Avenue, between Bartlett Avenue
and Muscatel Avenue. According to the Los Angeles County Assessor's Office, the
property consists of one (1) parcel, totaling approximately 12,000 square feet of lot
area. The effective year built of the existing 1,800 square feet building is 1939.
Planning Commission Meeting
January 4, 2016
Pape 2 of 16
On January 6, 1997,
686 for the operation
approved Conditional
business.
Front Elevation
Site and Surrounding Land Uses
The property is designated in the General Plan as Mixed Use: Industrial /Commercial
and on the Zoning Map as M -1 (Light Manufacturing and Industrial) zone. The property
is surrounded by the following land uses and zones:
North
General Plan Designation:
Zoning:
Land Use:
South
General Plan Designation:
Zoning:
Land Use:
East
General Plan Designation:
Zoning:
Land Use:
West
General Plan Designation
Zoning:
Land Use:
the Planning Commission approved Conditional Use Permit 96-
of a garment factory. On July 6, 1998, the Planning Commission
Use Permit 98 -745 for the operation of a garment manufacturing
Mixed Use: Industrial /Commercial
M -1 (Light Manufacturing and Industrial)
Residential
Mixed Use: Industrial /Commercial
M -1 (Light Manufacturing and Industrial)
Commercial
Mixed Use: Industrial /Commercial
M -1 (Light Manufacturing and Industrial)
Industrial
Mixed Use: Industrial /Commercial
M -1 (Light Manufacturing and Industrial)
Commercial and Residential
Planning Commission Meeting
January 4, 2016
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Administrative Analysis
As illustrated in Exhibit `B ", the applicant is proposing to establish a vehicle towing with
storage use and perform site improvements. According to Rosemead Municipal Code,
Section 17.20.020, a Administrative Use Permit is required in order to establish a
vehicle towing with storage use in the M -1 (Light Manufacturing and Industrial) zone.
Site Plan
The existing building is located in the front portion of the lot. The applicant has not
proposed any new additions to the existing building. Proposed site improvements
include: (1) constructing a new decorative block wall along the northern property line
and rear of the western property line; (2) provide additional landscaping visible from
public view; (3) reslurry seal and restripe the parking areas; (4) construct a new trash
enclosure; and (5) remove the existing wall and gate from the required front setback
area. I
Floor Plan
The proposed floor plan consist of common office space, an individual office, and two
(2) waiting areas.
Off - Street Parking
Per Rosemead Municipal Code, Section 17.112.040(C), parking requirements for
structures and uses not set forth in Section 17.112.040 of this chapter shall be
determined by the Community Development Director, and such determinations shall be
based on the requirements for the most comparable structure or use specified. The
most comparable use specified appears to be vehicle rental, which provides the
following standards as minimum, off-street parking requirements: one (1) parking space
per 250 square feet of building floor area and one (1) parking space per rental vehicle.
As such, the off - street parking requirements for vehicle rental use has been applied to
determine the off - street parking requirements for the proposed vehicle towing with
storage use. With a total building floor area of 1,800 square feet and proposed storage
of five (5) vehicles, a minimum of 12 off - street parking spaces are required for the office
and storage portion.
Per Rosemead Municipal Code, Section 17.112.113(A), in addition to the parking
spaces required by Section 17.112.040 for owners, occupants, employees, customers,
and visitors of structures and uses, one (1) parking space shall be provided for each
commercial vehicle used in conjunction with the operation of any structure or use. The
parking spaces for such accessory vehicles shall be provided within a designated
parking space on the same lot as, or adjacent to, the structure or use to which the
vehicles are necessary. The applicant has proposed two (2) tow trucks to be used in
conjunction with the operation of the proposed use.
Planning Commission Meeting
January 4, 2016
Pane 4 of 16
At minimum, the proposed use would require 14 off - street parking spaces. The
applicant has proposed to provide 15 off - street parking spaces. In order to distinguish
the off - street. parking spaces for each purpose, a condition of approval has been
recommended to require appropriate labeling of the off - street parking spaces in
accordance with the purpose.
Public Comments
Staff has received three (3) letters from the public. Two (2) of the letters were from
Craig Denton, Park Operator of Del Rey Mobile Home Park and one (1) of the letters
was from Andy Mahmoud, resident of Del Rey Mobile Home Park.
The following is a compilation of concerns voiced in the three (3) letters received by
staff and analysis of those concerns:
1. The placement of trees along the property line may potentially affect
underground utility lines of Del Rey Mobile Home Park.
Analysis: The proposed project no longer includes the placement of trees
along the property line.
2. The operation of tow trucks may potentially emit exhaust fumes unfavorable to
the health of residents of Del Rey Mobile Home Park.
Analysis: The legality of the emissions produced by an automobile appear to
fall under the jurisdiction of the California Air Resources Board,
California Bureau of Automotive Repair, and/or California
Department of Motor Vehicles. However, in an effort to resolve
such concern, the applicant proposed to store the towed vehicles
and tow trucks away from the mobile homes.
3. , The operation of tow trucks may potentially emit lights that shine into the homes
of Del Rey Mobile Home Park.
Analysis: The applicant has proposed to construct an eight (8) feet high
decorative wall to prevent an potential lighting from shining into the
mobile homes.
4. The use of lifts and /or chains during the towing process may potentially produce
noises found to be disruptive by residents of Del Rey Mobile Home Park.
Analysis: The use of lifts and /or chains during the towing process seems to
be an inevitable source of noises. It is unknown whether such
noises would violate the City's noise standards.
Planning Commission Meeting
January 4, 2016
Peas 5 of 16
5. The operation of tow trucks may potentially produce engine noises found to be
disruptive by residents of Del Rey Mobile Home Park.
Analysis: The enginer noises of tow trucks seems to be an inevitable source
of noises. It is unknown whether such noises would violate the
City's noise standards.
6. The noise produced by the back -up warning mechanism of the tow trucks may
potentially produce noises found to be disruptive by residents of Del Rey Mobile
Home Park.
Analysis: The applicant has proposed to turn off the back -up warning
mechanism when operating the tow trucks on the project site. Only
the tow truck operator is allowed in the parking area when any tow
truck is in operation on -site.
The applicant is aware of the concerns, and has been proactively collaborating with staff
to develop mitigation measures.
Municipal Code Requirements
Per 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.
Per Rosemead Municipal Code, Section 17.128.040, an Administrative Use Permit may
be issued only after a hearing before the Community Development Director of the City
upon application. The Community Development Director shall also find that the
establishment, maintenance or operation of the use so applied for will not, under the
circumstances of the particular case, be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the immediate
neighborhood, not be detrimental or injurious to the property and improvements in the
neighborhood or to the general welfare of the City.
However, per Rosemead Municipal Code, Section 17.128.040(B), if the Community
Development Director determines that there are unusual circumstances or special
conditions related to an application, the Community Development Director may defer
action and refer the application to the Planning Commission for final decision.
Per Rosemead Municipal Code, Section 17.128.040(A), all of the following findings shall
be made in conjunction with the approval of an Administrative Use Permit: .
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.
Planning Commission Meeting
January 4, 2016
Paqe 6 of 16
Concerns related to potentially disruptive noises and lighting will be mitigated
through strategic configuration of the parking areas and conditions of approval
regulating the operational aspect of the use. The proposed project will improve
the aesthetics of the site and bring the parking area into conformity with the
Rosemead Zoning Code.
B. The use is consistent with the General Plan.
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.
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.
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.
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.
Planning Commission Meeting
January 4, 2016
Pape 7 of 16
Public Notice Process
This item has been noticed through the regular agenda notification process, which
includes a 300 -foot radius public hearing notice to forty -one (41) property owners,
publication in the Rosemead Reader on December 24, 2015, and postings of the notice
at the six (6) public locations and on the project site.
Prepared by:
Cory 4 Hanh
Associate Planner
Submitted by:
_ r e
Michelle Ramirez
Community Development Director
EXHIBITS:
A. Planning Commission Resolution 15 -22 with Attachment "A" (Conditions of Approval)
B. Site Plan /Floor Plan
C. Assessor Parcel Map (APN: 5289 - 010 -026)
Planning Commission Meeting
January 4, 2016
Page 8 of 16
EXHIBIT "A"
PC RESOLUTION 15 -22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING ADMINISTRATIVE USE PERMIT 15 -03, 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 a 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.
Planning commission Meeting
January 4, 2016
Page 9 of 16
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that
Administrative Use Permit 15 -03 is classified as a Class 1 Categorical Exemption
pursuant to Section 15301 of California Environmental Quality Act (CEQA) guidelines.
Section 15301 of the 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.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving 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: Concerns related to potentially disruptive noises and lighting will be
mitigated through strategic configuration of the parking areas and conditions of approval
regulating the operational aspect of the use. The proposed project will improve the
aesthetics of the site and bring the parking area into conformity with the Rosemead
Zoning Code.
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.
Planning Commission Meeting
January 4, 2016
Paqe 10 of 16
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 3. The Planning Commission HEREBY APPROVES Administrative
Use Permit 15 -03 for the establishment of a vehicle towing with storage use at 8723
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 January 4, 2016, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Planning Commission Meeting
January 4, 2016
Page 11 of 16
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 Clerk.
PASSED, APPROVED, and ADOPTED this 4 th day of January, 2016.
John Tang, 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 4 th day of
January, 2016, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Michelle Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
January 4, 2016
Page 12 of 16
ATTACHMENT "A"
ADMINISTRATIVE USE PERMIT 15 -03
8723 GARVEY AVENUE
(APN: 5289 - 010 -026)
CONDITIONS OF APPROVAL
January 4, 2016
1. Administrative Use Permit 15 -03 is approved for the establishment of a vehicle
towing with storage use, in accordance with the plans marked Exhibit "B ", dated
November 12, 2015. Any revisions to the approved plans must be resubmitted for
the review and approval of the Planning Division.
2. 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.
3. The conditions listed on this exhibit shall be copied directly onto any
development plans subsequently submitted to the Planning and Building
Divisions for review.
4. Approval of Administrative Use Permit 15 -03 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.
5. The on -site public hearing notice posting shall be removed by the end of the 10-
day appeal period of Administrative Use Permit 15 -03.
6. Administrative Use Permit 15 -03 is approved for a period of one (1) year. The
applicant shall commence the proposed 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 Administrative Use Permit 15 -03 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.
Planning Commission Meeting
January 4, 2016
Page 13 of 16
8. Administrative Use Permit 15 -03 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 Administrative Use Permit 15 -03.
9. 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.
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.
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 and 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 Planning Division, 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.
14. The Building Division, Planning Division, and Engineering Division shall have
access to the subject property at any time during construction to monitor
progress.
15. All requirements of the Building Division, Planning Division, and Engineering
Division shall be complied with prior to the final approval of the proposed
construction.
Planning Commission Meeting
January 4, 2016
Page 14 of 16
16. All ground level mechanical /utility equipment (including meters, back flow
prevention devices, fire valves, A/C condensers, furnaces, and other equipment)
shall be located away from public view or adequately screened by landscaping or
screening walls so as not to be seen from the public right -of -way.
17. 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.
18. The site shall be maintained in a clean, weed and litter free state.
19. The applicant shall comply with the City of Rosemead Water Efficient Landscape
Ordinance and any other drought tolerant requirements in effect. All landscaping
shall be maintained in a neat and healthy condition.
20. All signage unrelated to the approved use shall be removed. Any proposed
signage shall be submitted to the Planning Division for review and approval. All
proposed signage shall comply with the Rosemead Municipal Code.
21. The parking lot and driveway shall be periodically re- slurry sealed and re- striped
per City of Rosemead parking standards, to the satisfaction of the Planning
Division.
22. Temporary structures shall not be erected on the subject site.
23. The approved use shall not violate the City's noise standards.
24. An eight (8) feet high decorative block wall shall be constructed along the
northern property line and the rear portion of the western property line. Such wall
shall match the wall along the rear portion of the eastern property line. All
proposed fences, walls, and landscape screening shall comply with the
Rosemead Municipal Code.
25. All trash enclosures shall match the decorative block walls and comply with the
Rosemead Municipal Code.
26. Parking stalls designated for tow trucks and towed vehicles (vehicle storage)
shall be clearly distinguished. Such stalls shall be identified by painting
"VEHICLE STORAGE" and "TOW TRUCK ONLY" in each stall using letters no
less than ten (10) inches in height. The location of such letters must be reviewed
and approved by the Planning Division prior to installation.
27. A maximum of. five (5) towed vehicles and two (2) tow trucks may be located on
the subject property. All towed vehicles and tow trucks must be parked in parking
stalls designated as "vehicle storage" and "tow truck only ", respectively.
Planning Commission Meeting
January 4, 2016
Paae 15 of 16
28. Noise emitted by the back -up warning mechanism of tow trucks shall be disabled
when such tow trucks are in operation on -site. Only the tow truck operator is
allowed in the parking area when any tow truck is in operation on -site.
29. Vertical and /or horizontal stacking of vehicles shall be prohibited.
M Violations of the conditions of approval may result in citation and /or initiation of
revocation proceedings.
Planning Commission Meeting
January 4, 2016
Paqe 16 of 16
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Addendum #1:
Letters of
Public Comment (4)
Cory Hanh
From: Cory Hanh
Sent: Monday, January 04, 2016 9:47 AM
To: johntang112 @gmail.com'; 'tofindgoodmansean @ gmail.com'; 'autumn818
@hotmail.com'; Diana .Herrera @coldwellbanker.com; LOPEZHMFRT @hotmail.com
Cc: Michelle Ramirez; Lily Trinh
Subject: AUP 15 -03 - Public Comments
Attachments: Anonymous - 1- 4- 16.pdf; Craig Denton - 6- 22- 1S.pdf; Craig Denton - 9- 29- 15.pdf;
Andy Mahmoud - 11- 30- 15.pdf
Good morning Planning Commissioners,
I hope everyone had a nice holiday season.
I apologize, as the Staff Report for AUP 15 -03 distributed on December 23, 2015 should have included the three (3)
discussed letters of public comment previously received by staff.
A total of four (4) letters of public comment are attached for your review. Three (3) of the letters of public comment
were previously received by staff and are discussed in the Staff Report for AUP 15 -03. The fourth anonymous letter of
public comment was received by Planning Division staff today, January 4, 2016.
Hardcopies of the four (4) letters of public comment will be available tonight at the public hearing.
Please do not hesitate to contact me with any questions you may have.
Sincerely,
Cory Hanh
Associate Planner
City of Rosemead
8838 E. Valley Boulevard,
Rosemead, CA 91770
Telephone: 626.569.2141
Website: www.cityofrosemead.org
Del Rey Mobile Home Park, LLC
3026 North Bartlett Avenue
Rosemead, CA 91770
Phone: (626) 288 -8313, (626) 759 -6511
June 22, 2015
Mr. Cory Hanh, Assistant Planner
City of Rosemead
8838 East Valley Boulevard
Rosemead, CA 91770
Dear Mr. Hanh:
Per our recent telephone conversation, I am writing this letter to you to express my
concerns in regard to the Administrative Use Permit (AUP) for Champ Towing at
8723 — 8725 Garvey Avenue, Rosemead. This business would border the Del Rey
Mobile Home Park, LLC, to the west and north and would be incompatible and
injurious and create conditions materially detrimental to the public health, safety,
peace, comfort, and general welfare to persons residing in the immediate
neighborhood due to the many noises associated with the operation of 3 tow
trucks including frequent loud piercing beeping noises tow trucks would make
throughout the day and night every time when they back up in the lot. Back -up
alarms are designed to be extremely loud. The piercing sound is perceived as
irritating, painful, and is designed to break concentration and attract the attention
of those who are in range of the sound. hi the article, "Vehicle Motion Alarms:
Necessity, Noise Pollution, or Both ?" by David C. Holzman published in
Environmental Health Perspectives in 2011, the author includes the'following
point: the single tones of back -up beepers typically produce a volume of 97 — 112
decibels at the source, which are loud enough to damage hearing and can be heard
blocks from the danger zone. Therefore, this proposed business would be in
violation of City of Rosemead requirements and standards as enumerated in
the Administrative Use Permit Information Sheet, Planning Division, City of
Rosemead. Consequently, it is imperative that the Planning Division and the
Community Development Director deny the AUP for this business at this
location.
The Del Rey Mobile Home Park has been housing for older persons aged 55 and
older for 27 years. Residents in the Park range in age from 55 to approximately 95.
All of the residents own their own mobile home in the Park. Four mobile homes
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back up to the property line fence of the lot where the owner of this proposed
business would operate his business. All four mobile homes have their bedrooms in
the back. These mobile homes are just a few feet away from the property line
fence of the proposed towing yard business.
It is noted that the Del Rey Mobile Home Park is the only mobile home park in the
City of Rosemead for senior citizens. The property includes 26 mobile homes and
7 rental houses. It is likely that all the residents in the mobile home park will be
negatively affected by the noise impact of the proposed tow truck business and
impound yard. As mentioned, the age of the tenants in the Park range from 55 to
approximately 95. Many of the senior citizens have medical issues that would be
aggravated and exasperated by the frequent loud piercing beeping noises of the 3
tow trucks. One resident whose mobile home backs up to the fence line of the
property of the proposed towing business works at night and sleeps a good part of
the day, and she will be very greatly negatively impacted by the noise of the tow
trucks when she is trying to sleep. Another of the owners whose mobile home
backs up to the property line fence line of the proposed towing business purchased
his mobile home just a few months ago for approximately $20,000.00. He will be
greatly distressed to have the peace and quiet of his investment and the
environment in his bedroom which is approximately three feet away from the
property line fence of the proposed towing yard business disturbed by the frequent
piercing noise of the 3 tow trucks that he would be subjected to in his new home.
The Del Rey Mobile Home Park is a quiet, serene environment for seniors who
prefer to live in a quiet environment, and it is imperative for the City of Rosemead
to consider the negative impact the tow truck business would have on the health,
safety, peace, comfort, and general welfare of the residents in the immediate
neighborhood and to preserve the quiet environment that currently exists for these
senior citizens.
In addition to the frequent loud piercing beeping noises the 3 tow trucks will make
every time when they back up to store vehicles or when vehicles are moved, heavy
chains are used by tow truck drivers to secure vehicles. Noise from these chains
being installed or removed from towed vehicles will also create disturbing,
frequent noises to the neighboring senior citizens.
Additional noise will be created by the hydraulic lifting of vehicles up onto the
platform bed of the tow truck or by raising the vehicles' front wheels off the
ground so they can be towed.
Page 2
Tow trucks will also create noise when idling engines or revving engines to
activate the lifting mechanism on the tow truck.
When tow trucks back up, they usually use powerful beam floodlights that may be
automatically activated to light the area so the tow truck driver can see to securely
fasten the towed vehicle to the tow truck. These powerful lights are likely to shine
over onto adjacent mobile homes and disturb and awaken the senior citizens.
The applicant has designated about 7 customer parking spaces on the premises and
designated about 10 spaces that will be occupied by towed vehicles, either cars or
trucks. Where will the 3 proposed tow trucks be parked? How can this small lot
support the operations of 3 tow trucks, impounded and stored vehicles, and keep
open 7 customer car parking spaces? With the business owner's intent on rapidly
expanding his business as he describes in his narrative submitted to the City, this
lot is definitely not large enough for his intended operation and 3 tow trucks. The
owner states it is his intent to rapidly expand his business with Geico, Progressive,
AAA, the CHP, other auto companies, and the general public. It would be very
easy for the owner to use the designated customer parking spaces to increase the
volume of his business for additional spaces for towed vehicles. It would be
difficult for the City to recognize, monitor, and enforce the proper use of spaces
designated for customer parking only. This could expand the yard capacity to as
much as 17 stored vehicles, with an increase in the volume and frequency of
noises. This increase in his business operations would further increase the noise
level from his business on the adjoining senior housing mobile home park.
The senior citizens in the mobile home park would be subjected to these disturbing
noises any time of the day or night time hours. This proposed business would be
incompatible and injurious to the public health, safety, and general welfare and in
violation of City of Rosemead requirements. Please consider the health, safety,
peace, comfort, and general welfare of the senior citizens residing in the
adjacent senior mobile home park and deny the Administrative Use Permit
for this towing business at this location.
Thank you for your consideration of this matter.
Sincerely yours,
CA =N
Craig Denton
Park Operator
Del Rey Mobile Home Park, LLC
Page 3
Del Rey Mobile Home Park, LLC
3026 North Bartlett Avenue
Rosemead,, CA 91770
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September 29, 2015
Mr. Cory Hanh, Assistant Planner
City of Rosemead
8838 East Valley Boulevard
Rosemead, CA 91770
Dear Mr. Hanh:
Reference is made to my letter dated June 22, 2015, in regard to the Administrative
Use Permit (AUP) for Champ Towing at 8723 — 8725 Garvey Avenue, Rosemead,
which would border the Del Rey Mobile Home Park, LLC, to the west and north.
In that letter I explained in detail how the noise and lights created by this business
would be incompatible, injurious, and create conditions materially detrimental to
the public health, safety, peace, comfort, and general welfare to the senior citizens
who reside in the Del Rey Mobile Home Park, LLC. Two additional concerns I
have relate to the planting of trees near the property line and health hazards
from fumes generated by the diesel trucks.
In our conversation of September 16, 2015, you mentioned to me that the City of
Rosemead proposed to the applicant that trees be planted along the property line
for the purpose of muting the noise of the business. I am gravely concerned that
trees or other plantings would create serious hazards and damage to the clay
sewer piping, gas, and water lines which run about 1 to 2 feet from the Del
Rey Mobile Home Park's fence property line at the back of the mobile homes.
Roots from trees projected to be planted along or near the property line of the
proposed business would be a clear detriment and could be disastrous to the
infrastructure of the Del Rey Mobile Home Park because the tree roots would
eventually grow around and into the utility lines of the Park causing stoppage to
the sewer line and at the very least leakage of the line and pose a hazard to the gas
and water lines. These infrastructure utility lines service many mobile homes, and
many senior residents would be very adversely affected by their ceasing to operate.
Also, overhanging branches of trees and the dropping of leaves would create a
constant need for me to be trimming and cleaning up debris from trees from the
tow truck property intruding onto my property.
I believe the excessively loud noises of the tow trucks that would be caused by the
beeping noises, securing chains to towed vehicles, the hydraulic 1g °of vehicles,
and the revving and idling of the trucks' engines would be excessive, frequent, and
not remedied by the planting of trees. Planting of trees would not be sufficient to
prevent these noises from disturbing the health, peace, and general welfare of
the senior citizens.
Fumes from the exhaust of the diesel tow trucks pose an additional serious
hazard to the senior citizens in the Del Rey Mobile Home Park. The strong
ongoing fumes would compromise their breathing and health. These fumes would
be generated as close as 3 feet from the bedrooms at the back of the mobile
homes. (The location of the mobile homes 3 feet away from the fence line
complies with Department of Housing and Community Development code
standards for placement of mobile homes in a mobile home park.) These residents
often have their windows open for ventilation, and the fumes could readily
penetrate into their bedrooms and throughout their mobile home.
I have enclosed with this letter pictures of the locations of some of the mobile
homes showing their proximity to the fence property lime.
For all the reasons I have stated in this and my previous letter, the proposed
business would be incompatible and injurious to the public health, safety, and
general welfare and in violation of City of Rosemead requirements. Please
consider the health, safety, peace, comfort, and general welfare of the senior
citizens residing in the adjacent senior mobile home park and deny the
Administrative Use Permit for this towing business at this location.
Thank you for your consideration of this matter.
Sincerely yours,
Craig M. Denton
Park Operator
Del Rey Mobile Home Park, LLC
Enclosures
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