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PC - Item 3C - Staff Report Modification 17-06 at 8630 Garvey AvenueROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: MARCH 5, 2018 SUBJECT: MODIFICATION 17-06 8630 GARVEY AVENUE SUMMARY Wheel House Tire Auto Body & Paint, Inc. has submitted a Modification application, requesting to install a new automotive spray paint booth within the indoor storage area of an existing automotive specialty shop, located at 8630 Garvey Avenue. The project site is located in a Light Manufacturing and Industrial (M-1) zone. Per Rosemead Municipal Code Section 17.120.110(C), a proposed change that does not comply with the criteria identified in [Section 17.120.110(6) of the Zoning Code], or any other provision of the Zoning Code, may only be approved by the original review authority forthe project through a modification permit application filed and processed in compliance with [Chapter 17.120]. ENVIRONMENTAL DETERMINATION Section 15301 of the California Environmental Quality Act guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Accordingly, Modification 17-06 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of the California Environmental Quality Act guidelines. STAFF RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 18-06 with findings (Exhibit "A"), and APPROVE Modification 17-06, subject to the 30 conditions outlined in Attachment "A" attached hereto; ortake alternative action denying Modification 17-06; or take other action. ym+ Ch )\- / C J CL CL ƒ f/\ 2 (D l \maCD c / / (n ; \\ CD)2C )G ECD) \E // §/ /x ai \{ ƒ£ 2} N Cn \/ /] \ / (I CDEP 0 27%J 2 \§� \=wooc ��§� § \- ®) ƒ°2 m \ m $aEe\» J �i \\\ ƒ k}22\R T.I - r- Em® ƒ/kD §// 0 z m .,\!_� co -S ■ \CCL En -0 ƒ &=Zo= R°°\2 �o 0 )&3 = //\ƒ/ I 20 -0 Co D 3 (§@ CD - §/{\\ CL EQs 2 \Eo«k {E§ 2 =CD � - o / /,a¥ nE g DLCƒ \ / $000 ]3>7 \,0< %E°a ƒ§ ƒDfE »=o§=r<0r]m f) \===g ,2 )»0 — Z cl 0222E e >$ G� »E� 2$= [ gym -e »* G` $m$ L<. a a®m / CD CD /,4®°I�22 &g§ �ac 00 $/eƒ2 /p$ Planning Commission Meeting March 5, 2018 Pape 3 of 13 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: DISCUSSION Project Description Mixed -Use Industrial/Commercial M-1 Industrial High Density Residential R-3 Residential Mixed -Use Industrial/Commercial M-1 Commercial Mixed -Use Industrial/Commercial M-1 Commercial As illustrated in Exhibit "B", the applicant has proposed to install a new automotive spray paint booth within the indoor storage area of the existing automotive specialty shop. The project would not increase the floor area, as the proposed automotive spray paint booth would be contained entirely within the existing structure. The applicant has not proposed any changes to the exterior of the structure nor parking area. The existing structure contains 5,835 square feet of warehouse area, 400 square feet of office area, and 600 square feet of mezzanine area. Conditional Use Permit 07-1088 was approved to permit the operation of an automotive specialty business involving the installation of tires and rims on motor vehicles. The proposed modification to Conditional Use Permit 07-1088 would allow the existing business to add automotive spray painting as a service, which would be conducted wholly within the existing structure. The applicant has not proposed to modify the hours of operation approved under Conditional Use Permit 07-1088. As such, the hours of operation will continue to be limited to the following: Monday through Saturday, 9:00 a.m. to 5:00 p.m. The South Coast Air Quality Management District has reviewed the project and has recommended the following condition of approval: The operator of the equipment including, but not limited to, the automotive spray paint booth, shall obtain a valid permit to construct and to operate the equipment from the South Coast Air Quality Management District prior to construction of the equipment. The applicant has applied for a permit to construct/operate an automotive spray paint booth, and received an initial permit from South Coast Air Quality Management. Planning Commission Meeting March 5, 2018 Page 4 of 13 Staff recommends that all applicable conditions of approval for Conditional Use Permit 07-1088 continue to be imposed on the project. Off -Street Parking The applicant has proposed to maintain the existing off-street parking area and access to the site. The proposed modification would be substantially similar to the previously approved project, under Conditional Use Permit 07-1088. According to the staff report for Conditional Use Permit 07-1088, the project was approved with the consideration of four hydraulic lifts (mechanical hoist) and a mezzanine office area. The proposed floor plan indicates that only three hydraulic lifts (mechanical hoist) would be located in the shop and the mezzanine area would be utilized as storage. The shop would essentially maintain four service bays, while reducing the floor area designated for office use. The majority of the existing floor area would continue to be utilized for storage. As such, additional off-street parking space will not be required. MUNICIPAL CODE REQUIREMENTS Per Rosemead Municipal Code Section 17.120.110(C), a proposed change that does not comply with the criteria identified in [Section 17.120.110(B) of the Zoning Code], or any other provision of the Zoning Code, may only be approved by the original review authority for the project through a modification permit application filed and processed in compliance with [Chapter 17.120]. On June 4, 2007, the Planning Commission approved Conditional Use Permit 07-1088, for the operation of an automotive specialty business involving the installation of tires and rims. The modification to Conditional Use Permit 07-1088 would be substantially similar to the previously approved project. According to the staff report for Conditional Use Permit 07-1088, the project was approved with the consideration of four hydraulic lifts (mechanical hoist) and a mezzanine office area. The new floor plan indicates that only three hydraulic lifts (mechanical hoist) would be located in the shop and the mezzanine area would be utilized as storage. The shop would essentially maintain four service bays, while reducing the floor area designated for office use. The majority of the existing floor area would continue to be utilized for storage. The findings made for the approval of Conditional Use Permit 07-1088 would remain valid. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300 -foot radius public hearing notice to 46 property owners, publication in the Rosemead Reader on February 22, 2018, and postings of the notice at the six (6) public locations and on the project site. Planning Commission Meeting March 5, 2018 Pape 5 of 13 Prepared by: Cory Hanh Associate Planner Subyttel Ben Director of Community Development Reviewed by: *4L Lily Valenzuela City Planner EXHIBITS: A. Planning Commission Resolution No. 18-06 with Conditions of Approval B. Site Plan and Floor Plan (Dated January 22, 2018) C, Assessor's Parcel Map (APN: 5282-001-005) D. Planning Commission Resolution 07-28 (Adopted on June 4, 2007) Planning Commission Meeting March 5, 2018 Paoe 6 of 13 EXHIBIT "A" PC RESOLUTION 18-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 17-06, FOR THE INSTALLATION OF AN AUTOMOTIVE SPRAY PAINT BOOTH WITHIN AN EXISTING AUTOMOTIVE SPECIALTY SHOP, LOCATED AT 8630 GARVEY AVENUE (APN: 5282-001-005), IN A LIGHT MANUFACTURING AND INDUSTRIAL (M-1) ZONE WHEREAS, on July 27, 2017, Wheel House Tire Auto Body & Paint, Inc. submitted a Modification application, requesting to install an automotive spray paint booth within an existing automotive specialty shop, located at 8630 Garvey Avenue; WHEREAS, 8630 Garvey Avenue is located in a Light Manufacturing and Industrial (M-1) zoning district; WHEREAS, Section 17.120.110(C) of the Rosemead Municipal Code provides the criteria for a Modification; WHEREAS, Sections 65800 and 65900 of the California Government Code and Section 17.120.110(C) of the Rosemead Municipal Code authorizes the Planning Commission to approve, conditionally approve, or deny Modification applications; WHEREAS, on February 22, 2018, 46 notices were sent to property owners within a 300 -foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were posted in six public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for Modification 17-06; WHEREAS, on March 5, 2018, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 17- 06; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that MODIFICATION 17-06 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of the California Environmental Quality Act guidelines. Section 15301 of the California Environmental Quality Act guidelines exempts projects consisting of the Planning Commission Meeting March 5, 2018 Page 7 of 13 operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 17-06, in accordance with Section 17.120.110(C) of the Rosemead Municipal Code as follows:. A. A proposed change that does not comply with the criteria identified in [Section 17.120.110(B) of the Zoning Code], or any other provision of the Zoning Code, may only be approved by the original review authority for the project through a modification permit application filed and processed in compliance with [Chapter 17.120]. FINDING: On June 4, 2007, the Planning Commission approved Conditional Use Permit 07-1088, for the operation of an automotive specialty business involving the installation of tires and rims. The modification to Conditional Use Permit 07-1088 will be substantially similar to the previously approved project. According to the staff report for Conditional Use Permit 07-1088, the project was approved with the consideration of four hydraulic lifts (mechanical hoist) and a mezzanine office area. The new floor plan indicates that only three hydraulic lifts (mechanical hoist) will be located in the shop and the mezzanine area will be utilized as storage. The shop will essentially maintain four service bays, while reducing the floor area designated for office use. The majority of the existing floor area will continue to be utilized for storage. The findings made for the approval of Conditional Use Permit 07-1088 remains valid. SECTION 3. The Planning Commission HEREBYAPPROVES Modification 17-06, for the installation of an automotive spray paint booth within an existing automotive specialty shop, located at 8630 Garvey Avenue, and subject to the conditions listed in Attachment "A" attached hereto and incorporated herein by reference. SECTION 4. This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Rosemead Municipal Code, Section 17.160.040 —Appeals of Decisions. SECTION 5. This resolution is the result of an action taken by the Planning Commission on March 5, 2018, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Planning Commission Meeting March 5, 2018 Page 8 of 13 SECTION 6. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicants and the Rosemead City Clerk. PASSED, APPROVED, and ADOPTED this 5th day of March, 2018. Sean Dang, Chair CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 5th day of March, 2018, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Ben Kim, Secretary APPROVED AS TO FORM: Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting March 5, 2018 Page 9 of 13 ATTACHMENT"A" (PC RESOLUTION 18-06) MODIFICATION 17-06 8630 GARVEY AVENUE (APN: 5282-001-005) CONDITIONS OF APPROVAL MARCH 5, 2018 Standard Conditions of Approval 1. Modification 17-06 ("Project') is approved for the installation of an automotive spray paint booth within an existing automotive specialty shop, located at 8630 Garvey Avenue, in accordance with the plans marked Exhibit B", dated January 22, 2018. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. The conditions listed on this exhibit shall be copied directly onto any development plans. All conditions shall be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with the City of Rosemead ("City") a notarized affidavit stating that he/she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions within ten (10) days from the Planning Commission approval date. 4. The on-site public hearing notice posting shall be removed by the end of the 10 - day appeal period of Project. 5. Project is approved for a period of one (1) year. The applicant(s) shall commence the approved project or request an extension within 30 calendar days prior to expiration. The one (1) year initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If Project has been unused, abandoned, or discontinued for a period of one (1) year, it shall become null and void. 6. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the project and to these conditions of approval. 7. Project is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify Planning Commission Meeting March 5, 2018 Page 10 of 13 the project, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City and its Planning Commission and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Project. 8. The applicant(s) shall defend, indemnify, and hold harmless the City of Rosemead and/or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead and/or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 9. The applicant(s) shall comply with all Federal, State, and local laws relative to the approved project, including the requirements of the Planning, Building, Fire, Sheriff, and Health Departments. 10. Building permits will not be issued in connection with any project until such time as all plan check fees and all other applicable fees are paid in full. Prior to issuance of building permits, any required school fees shall be paid. The applicant shall provide the City with written verification of compliance from the applicable school districts. 11. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 3/4 inch, contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the Community Development Director, or his/her designee, prior to installation. 12. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or on any federal holiday, without prior approval by the City. The construction and operation of the use shall abide by the noise control sections of the Rosemead Municipal Code, 13. The Building and Safety Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. 14. All requirements of the Building and Safety Division, Planning Division, and Engineering Division shall be complied with prior to the final approval of the proposed project. 15. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Planning Commission Meeting March 5, 2018 Pace 11 of 13 Proiect Specific Conditions of Approval 16. The approved use shall be for the operation of an automotive specialty business, involving: a. Installation of tires and rims on vehicles; and b. Spray painting of vehicles within the approved automotive spray paint booth. Automotive repair work, automotive bodywork, and other automotive related business is not permitted. 17. The hours of operation shall be limited to 9:00 a.m. to 5:00 p.m., Monday through Saturday. Any request to extend the hours of operation shall be reviewed and approved by the Director of Community Development. 18. In the event the applicant is required to provide additional exit doors for the building, the doors shall remain closed at all times. 19. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty-four (24) hours. 20. The site shall be maintained in a clean, weed and litter -free state. All trash containers shall be stored in the approved trash enclosure at all times. All trash and garbage receptacles shall be regularly inspected and cleaned, and maintained in a clean, safe, and sanitary condition. 21. All mechanical/utility equipment (including meters, back flow prevention devices, fire valves, A/C condensers, furnaces, and other equipment) shall be located away from public view and/or adequately screened by landscaping or screening walls/parapets so as not to be seen from the public right-of-way and/or adjacent properties to the satisfaction of the Planning Division. Planning Division approved of said screening shall be obtained prior to installation. 22. All roof top appurtenances and equipment shall be adequately screened from view to the satisfaction of the Planning Division. Screening method shall be submitted to the Planning Division for review and approval. 23. The applicant(s) shall keep the electrical and mechanical equipment and/or emergency exits free of any debris, storage, furniture, etc., and maintain a minimum clearance of five (5) feet. 24. All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. The landscape plan shall include a wide variety of colorful and drought tolerant trees, shrubs, flowers and ground covers. Planning Commission Meeting March 5, 2018 Pape 12 of 13 25. The parking area, including loading and handicap accessible spaces, shall be paved and re -painted periodically to City of Rosemead standards to the satisfaction of the Planning Division. All designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner. 26. All automotive service work shall be conducted wholly within the enclosed building. Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. Vehicles to be serviced shall be stored or parked inside the building. Such vehicles may not be located in the required off-street parking or landscape area nor on any public sidewalk, parkway, street, or alley. 27. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Director of Community Development. All trash and debris shall be contained within approved trash enclosure. 28. All waste materials shall be handled and disposed of in accordance with local, state, and federal laws and policies. No waste material shall be washed or poured into any public alley, street, storm drain or sewer. 29. The applicant shall prepare and maintain a Water Quality Management plan in accordance with Chapter 7, Article 5 (Sanitation & Health Code, RMC) pursuant to the National Pollution Discharge Elimination System (NPDES) Permit Program, subject to the review of the City Building Official. 30. The operator of the equipment including, but not limited to, the automotive spray paint booth, shall obtain a valid permit to construct and to operate the equipment from the South Coast Air Quality Management District prior to construction of the equipment. ;.8262 Xf3il C/ IIi sz3ssm q - - SCAB I" — loo` Lj Q o al i Selo e 9fG.30, TIS.,R urv. t1e I O 25: O i O IM 4J30S� r— ioo V�v 8 al e 9 L R F, 3E - 19130L %WALNUT 24 25 GROVE /oo r 3985 POR, I.V4 jHwv4i �,3,� — SEC., YS.. RIIW y,' I I . i 1 Taal r I' I ziaL I I i C I H 5u, I i I I I I I O I x©> I I I x1� t� RANCHO POTRERO GRANDE (n M. R. 54-57-58 (n W CONDOMINIUM --i L TRACT N0. 39070 PARCEL _ MAP m., m cooE M.B. 977-29-30 3917 PM32 -26 3955 TRACT NO. 37012 '- M.B. 967 --6 -10 .. F03 FRFV, ASSMT. SEE: 1559-1 /Fb4 4Y✓LSaO tfK 1.-2a-69 ' LIOFiS p,° � leo,LVisi% � �j�4MneS 3 lLOi025p� - PALJAY AVE. f3if s344'Y IIID CWXiY OF LOS ANGELES. CALIF. 0 I I^ Q R sz3ssm q - - I 1---- `CR.IHY/.I/41MW.114 SEC190,TI81. RR w. S W o al a RFt n. t1e a I 25: O i O IM 4J30S� L R F, 3E 3331 H` J AVE. 8 t� RANCHO POTRERO GRANDE (n M. R. 54-57-58 (n W CONDOMINIUM --i L TRACT N0. 39070 PARCEL _ MAP m., m cooE M.B. 977-29-30 3917 PM32 -26 3955 TRACT NO. 37012 '- M.B. 967 --6 -10 .. F03 FRFV, ASSMT. SEE: 1559-1 /Fb4 4Y✓LSaO tfK 1.-2a-69 ' LIOFiS p,° � leo,LVisi% � �j�4MneS 3 lLOi025p� - PALJAY AVE. f3if s344'Y IIID CWXiY OF LOS ANGELES. CALIF. 0 PC RESOLUTION 07-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 07-1088, FOR THE OPERATION OF AN AUTO SPECIALTY BUSINESS INVOLVING THE INSTALLATION OF TIRES AND RIMS, LOCATED AT 8630 GARVEY AVENUE IN THE M-1 (LIGHT MANUFACTURING) ZONE (APN: 5282-001- 005). WHEREAS, on March 8, 2007, Bill Yip, submitted a conditional use .permit application for the operation of an auto specialty business involving the installation and retail sale of wheels and tires, located at 8630 Garvey Avenue; and WHEREAS, 8630 Garvey Avenue is located in the M-1 (Light Manufacturing) Zone; and WHEREAS, Section 47.112.030(28)(j) of the Rosemead Municipal Code (RMC) allows automotive specialty shops involving installations within enclosed buildings in the M.- 1 and C-3 zones and Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: The establishment,, maintenance, and operation of the proposed 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 neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve,-,bonditionally approve or deny conditional use permits; and WHEREAS, Sections 17.112.010 of the Rosemead Municipal Code specifies the criteria by which a conditional use permit may be granted; and WHEREAS, on April 26, 2007 , fifty-one (51) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in five (5) public locations, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 07-1088; and WHEREAS, on May 7, 2007, the Planning Commission held a duly noticed and advertised public hearing to receive oral and.written testimony relative to Conditional Use Permit 07-1088; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all EXHIBIT D 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 07-1088 is Categorically Exempt from environmental review as a Class 1 Exemption pursuant to Section 15301 of the California Environmental Quality Act (CE.QA). SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do existto justify approving Conditional Use Permit 07-1088 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 permits 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: Subject to obtaining a conditional use permit, a business operator may operate an automotive tire and wheel installation service if all work is conducted wholly within an enclosed building and vehicles to be repaired are parked in designated areas only. As proposed, the subject business will be operated in accordance with applicable City regulations, and is in conformity with the development in and around the project site. 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 use is located within an established commercial/industrial district of the City, and is designated Mixed Use: Industrial/Commercial in the General Plan. The proposed use is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that. will. contribute to the economic well being of the industrial areas of the City. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the general welfare -of the City. FINDING: The proposed use will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit prohibiting outdoor storage and prescribing compliance with the Noise Element of the Rosemead General Plan. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 07-1088, to allow the operation of an auto specialty business involving the installation and retail sale of wheels and tires, located at 8630 Garvey Avenue, subject to conditions listed in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4. This resolution is the result of an action taken by the Planning Commission on May 7, 2007, by the following vote: YES: HERRERA, KELTY, LOI, LOPEZ NO: NONE ABSTAIN: NONE ABSENT: NONE 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, -',AP -PROVED and ADOPTED this 4th day of June, 2007. Chairperson 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 June 2007 by the following vote: YES: NO: ABSENT: ABSTAIN: .s Brad J nson, Secretary EXHIBIT "A" CONDITIONAL USE PERMIT 07-1088 8630 Garvey Avenue CONDITIONS OF APPROVAL May 7, 2007 1) Conditional Use Permit 07-1088, is approved for the operation of an auto specialty business involving the installation of tires and rims on motor vehicles in accordance with the plans marked Exhibit "B" and the Floor Plan marked as. Exhibit "F" dated March 8, 2007. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2). Approval of Conditional Use Permit 07-1088 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit stating that they are aware of and accept all of the conditions set forth in the letter of approval and this list of conditions: - --• 3). Conditional Use Permit 07-.1088 is approved for a six (6) months. The, applicant shall make progress towards initiation of proposed use or request an extension thirty (30) calendar days prior to expiration from the Planning Commission.. Otherwise, Conditional Use Permit 07-1088 shall become, null and void. 4) Conditional Use Permit 07;1088 is approved for the operation of an auto specialty . business involving the installation of tires and rims on motor vehicles only. Automotive repair work, automotive bodywork, or other automotive related business is not permitted as part of this conditional use permit. 5) The applicant shall comply with all Federal, State and local laws relative to the approved use.including the requirements of the Planning, Building, Fire,: Health and Sheriff's Departments. 6) Building permits for the interior improvements 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. 7) The hours of operation shall be limited to 9 a.m. to 5 p -m. Monday - Saturday. Any request to extend the hours of operation shall be reviewed and approved by the Planning Services Administrator. 8) The business shall operate in compliance with Section 8.36 of the Rosemead Municipal Code pertaining to Noise Control. 9) The conditions. listed on this Exhibit "A" shall be copied directly onto the final development plans submitted to the Planning and Building Departments for review. 10) All automotive service work (specifically the installation of tires and rims) shall be conducted wholly within the enclosed building. 11) Parking areas and drive aisles shall remain unobstructed in a manner to provide for vehicular maneuvering. 12) Vehicles to be serviced shall be stored or parked inside the building. Such vehicles may not be located in the required off-street parking or landscape area nor on any public sidewalk, parkway, street, or alley. 13) No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Planning Services Administrator. All trash and debris shall be contained within approved trash enclosure. 14) All waste materials shall be handled and disposed of in accordance with local, state and federal laws and policies.- No waste material shall be washed or poured into any public alley, street; storm drain or sewer. 15) The applicant shall prepare and maintain aWater Quality Management plan in accordance -with Chapter 7, Article 5 (Sanitation & Health Code, RMC) pursuant to the National Pollution Discharge Eli ninatiowSystem (NPDES) Permit Program, subject to the review of the City Building Official. 16) All ground level mechanical/utility equipment (including meters, back flow . preservation, devices, fire valves, A/C condensers, furnaces and other equipment) shall belocated away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right-of-way. Said screening shall be approved by the Planning Director or his designee before installation. 17) All roof top appurtenances and equipment shall be adequately screened from view to the satisfaction of the Planning Department. shall be submitted to the Planning Department for. review and approval. The landscape plan shall include a wide variety of colorful and drought tolerant trees, shrubs, flowers and ground covers. 18) In the event the applicant is required to provide additional exit doors for the building, the doors shall remain closed at all times. 19) All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. . All trash containers shall be stored in the appropriate trash enclosure at all times. 20) 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 21) The site shall be maintained -in a graffiti -free state. Any new graffiti shall be F removed within twenty-four (24) hours. A 24-hour, Graffiti Hotline can be called at (626) 307-0463 for. assistance. 22) The applicant shall keep the electrical and mechanical equipment and/or emergency exits free of any debris, storage, furniture, etc and maintain a minimum clearance of five (5) feet. 23) All open areas not covered by concrete, asphalt, or structures shall be landscaped. and maintained on a regular basis. 24) Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings.