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HomeMy Public PortalAboutResolution 00-38401 1 1 RESOLUTION NO. 00 -3840 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REVERSING THE DECISION OF THE PLANNING COMMISSION AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF AN AUTOMOBILE REPAIR FACILITY WHICH WILL CONSIST OF THE CONSTRUCTION OF A 2,593 SQUARE FOOT PRE -FAB METAL STRUCTURE BEHIND THE EXISTING 3,121 SQUARE FOOT BUILDING ON THE SUBJECT 20,700 SQUARE FOOT C -3 ZONED PARCEL AT 5528 ROSEMEAD BOULEVARD (CONDITIONAL USE PERMIT 00 -1415) (SPEED PRIDE ENGINEERING / LIN/LORD & ASSOCIATES) THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. Based upon information contained in the staff report to the City Council and information contained in the Planning Commission staff report as well as the Planning Commission minutes; and based upon testimony received at a noticed public hearing before the City Council on June 6, 2000, the City Council approves the Conditional Use Permit based upon the following fmdings: CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size, shape, topography and circumstances in that the subject site contains 20,700 square feet of land area. The proposed parking area will adequately allow for vehicular circulation as shown on the submitted development plans; and 2. That the site has sufficient access to streets and highways, is adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use in that the subject property is located on the east side of Rosemead Boulevard between Broadway Avenue and Las Tunas Drive; Rosemead Boulevard has 100 feet of right -of -way with 80 feet of roadway; and 3. That the proposed use will not have an adverse effect upon the use, enjoyment or valuation of adjacent property or upon the public welfare in that the proposed use is an automobile repair center which is consistent with other commercial/ retail/service uses which are located throughout the City in commercial zones. SECTION 2. This project should not result in significant effects upon the environment, and a Mitigated Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial statement, as prepared, indicates there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. Section 3. Accordingly, Conditional Use Permit 00 -1415 is approved, subject to the following conditions: 1. The proposed development shall be in substantial compliance with the submitted development plans dated April 11, 2000, except as modified herein. 2. The exterior building facade, including any and all newly constructed walls on the front and rear building, shall match the coloring, design and materials indicated on the submitted colored elevations. The exterior building facade shall be subject to the review and approval of the Community Development Department prior to issuance of building permits. Resolution No. 00 -3840 Page 2 3. The metal sliding gate, measuring approximately eight (8) feet in height to be situated on the north side, and the metal gate proposed along the south side of the existing building shall be view - obscuring. Both gates shall be consistently maintained. • 4. Hours of operation shall be limited from 7:00 a.m. to 7:00 p m daily. 5. A six- foot -high block wall shall be constructed along the rear and side property lines; if a block wall is currently existing and in satisfactory condition as determined by the building inspector, such wall shall serve to meet this condition. 6. All parking stalls shall meet the minimum size requirement of 9' by 20' and 11' by 20' when adjacent to a wall. 7. All landscaping indicated on the submitted plans shall be subject to the review and approval of the Community Development Department. 8. All automobile repair and servicing shall be conducted indoors. All compressors shall be indoors or enclosed so as to muffle the sound. The business operation shall be subject to the City's Noise Ordinance. 9. A "right turn only" sign shall be posted at the driveway serving the subject site; the size and specific location of said "right turn only" sign shall be subject to review and approval of the Traffic Engineer. 10. The applicant/business owner shall secure all necessary approvals from the appropriate agencies for the construction of the automobile service center. These shall include any State or County agencies and the City of Temple City. 11. The applicant/business owner shall meet all requirements of the National Pollutant Discharge Elimination System (NPDES) related to pollutants, runoff or non -storm water discharges. (TCMC 8100 - 8402). The requirements shall be subject to the review and approval of the Public Works Coordinator and the Community Development Department. 12. Disposal of Construction Waste: No construction activity waste material of any kind, including plaster, cement, paint, mud or any other type of debris or liquid shall be allowed to be disposed of in the street or gutter, storm drain or sewer system. Failure to comply with this condition will result in charges being filed with the District Attorney. (TCMC 3400 -3411) 13. Public improvements shall be provided as may be required by The City's Public Works Coordinator and the Los Angeles County Department of Public Works. Any unused curb cuts currently serving the property shall be removed and replaced with full size curb and gutter. Permits shall be obtained from Cal Trans prior to the commencement of say work in the public right -of -way. 14. This Conditional Use Permit shall be limited to no more than one business entity for this site. Individual work bays shall not be leased or rented to separate business entities. No automobile body, fender or automobile painting shall occur on the premises. The applicant (lessor/business operator) shall be responsible for all matters of property maintenance and business operation. 15. This Conditional Use Permit shall expire 24 months from the approval date, if not exercised. If the project is not commenced prior to the expiration date, the applicant should apply . in writing to the Community Development Department at least forty (40) days before the expiration date for 1 1 1 1 1 Resolution No. 00 -3840 Page 3 an extension of time. 16. The building construction plans shall include a blue line sheet(s) showing each page of this Resolution including all conditions of approval contained herein. 17. The conditions of approval contained in this Resolution may be enforced by the Sheriff's office as well as City Staff. Any violation of any condition is a misdemeanor and may be processed directly by criminal complaint. 18. This Conditional Use Permit shall not be in effect until the applicant and the property owner sign a copy of this Resolution acknowledging acceptance of the conditions of approval. PASSED, APPROVED AND ADOPTED ON THIS 18TH DAY OF JULY, 2000. #AY6R ATTEST: FLek-cla CITY CLER I hereby certify that the foregoing Resolution, Resolution No. 00 -3840, was adopted by the City Council of the City of Temple City at a regular meeting held on the 18th day of July, 2000 by the following vote: AYES: Councilman - Breazeal, Brooks, Wilson and Souder NOES: Councilman -None ABSENT: Councilman - Gillanders UNDE 'OCT AND ACCEPTED: SPEED ARID 'E G1kEB1 G bOMPANY, REPRES ATIVE CITY CLE DATE PROPERTY OWNER DATE