PC - Item 4B - Administrative Use Permit 15-03 at 8723 Garvey Avenue ROSEMEAD PLANNING COMMISSION
STAFF REPORT
aloe
rse
TO: THE HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM: PLANNING DIVISION
DATE: FEBRUARY 1, 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.
On January 4, 2016, the Planning Commission considered the proposed project and
oral and written testimony at a duly noticed and advertised public hearing. After
considering all testimony and facts available, the Planning Commission voted to deny
Administrative Use Permit 15-03. The Planning Commission directed staff to prepare a
resolution for the denial of Adminstrative Use Permit 15-03.
Staff Recommendation
It is recommended that the Planning Commission consider the resolution to deny
Administrative Use Permit 15-03.
Public Notice Process
This item has been noticed through the regular agenda notification process.
Prepared by: Submitted by:
Cory Ha • * Michelle Ramirez
Associate Planner Community Development Director
EXHIBITS:
A. Planning Commission Resolution 15-22
B. Planning Commission Staff Report, dated January 4, 2016.
EXHIBIT "A"
PC RESOLUTION 15-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
DENYING ADMINISTRATIVE USE PERMIT 15-03, A REQUEST 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 an 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.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify denying 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: The Planning Commission cannot make this finding. Approval of the
application would be injurious to the residential land uses within the vicinity of the
subject site. Significant disruptive noises, odors, and fumes produced by the tow trucks
and operation of the tow business appear to be inevitable, and would be detrimental to
current residents of the adjacent mobile home park. Due to the close proximity of mobile
homes to the subject site, there do not appear to be any feasible measures to effectively
mitigate the aforementioned impacts, which would occur throughout the day and night.
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.
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 2. The Planning Commission HEREBY DENIES Administrative Use
Permit 15-03, a request for the establishment of a vehicle towing with storage use at
8723 Garvey Avenue.
SECTION 3. 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 4. This resolution has been prepared as the result of unanimous
direction by the Planning Commission.
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 4`h 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 4th day of
January, 2016, by the following vote:
AYES: DANG, ENG, HERRERA, LOPEZ, AND TANG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Michelle Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
p a s E f 4 0 ROSEMEAD PLANNING COMMISSION
64\►
STAFF REPORT
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Th4bRATEr,c•9
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.
EXHIBIT B
Planning Commission Meeting
January 4,2016
Page 2 of 16
On January 6, 1997, the Planning Commission approved Conditional Use Permit 96-
686 for the operation of a garment factory. On July 6, 1998, the Planning Commission
approved Conditional Use Permit 98-745 for the operation of a garment manufacturing
business.
•
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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: Mixed Use: Industrial/Commercial
Zoning: M-1 (Light Manufacturing and Industrial)
Land Use: Residential
South
General Plan Designation: Mixed Use: Industrial/Commercial
Zoning: M-1 (Light Manufacturing and Industrial)
Land Use: Commercial
East
General Plan Designation: Mixed Use: Industrial/Commercial
Zoning: M-1 (Light Manufacturing and Industrial)
Land Use: Industrial
West
General Plan Designation: Mixed Use: Industrial/Commercial
Zoning: M-1 (Light Manufacturing and Industrial)
Land Use: Commercial and Residential
Planning Commission Meeting
January 4,2016
Page 3 of 16
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.
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
Page 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
Page 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
Page 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
Page 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: Submitted by:
iga it"
Cory Hanh Michelle Ramirez
Associate Planner 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
Page 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 4th 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'" 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, NC 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
Page 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.
30. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Planning Commission Meeting
January 4,2016
Page 16 of 16
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