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HomeMy Public PortalAbout10-13-87 PLANNING COMMISSION `j ,� , AGENDA LYA'WOOD CITY PLANNI�lG COMMISSION;:� �: �GUL�R MEETING - 7:30 P.' M. / ��(r'� p , LYNWOOD CITY HAI,L, 11330 BULLIS ROAD C �"�' Ofi� ���� CITY CLE�'KS O � Cf cxto��er i3, �.�8� AP�! ��T 09 1 98I ' . . • �'r 6 � .'� � LUCILLE KAPJKA �HAIRPERSON DONALD DOVE . vzcE-c��T:�Exsorr EUGEPJE RAY�"IOND - COMMISSIONER LENA CDLE DENNIS cor�czssro,rEx ROBfRT REID C0�4fISS IONER � ROY PRYOR DAVID J, WILLIS, JR, COMMISSIOA'ER , COMMSSSIOtiER � CITY STAFF DIRECTOF OF COMMIJNITY DEVELOPPfENT PLANNERS . VICENTE L. MAS Dorethea Tiltord E�ctiiig Senior Planner C0;4fISSIOV COUNSEL - Henry S, l�rbosa .. ey�� �� OCT.OBER 13, 1987 OPENING CEREMONIES A. Call meeting to order. B. Flag Salute. C. Roll Call. D. Certification of Agenda posting E. Approval of Minutes of September 8, 1987 - CONTINUED PUBLIC HEARINGS: 1. Special Permit for Dancina and Live Entertainment-Case No. 87056 11020 Atlantic Avenue (OSCar and Patricia Casillas) Comments This applicant is requesting a Special Permit to add Dancing and Entertainment at the existing restaurant and cocktail lounge. Recommended Action: Staff respectfully request that the Planning Commission continue this case to the November 10, 1987, meeting of the Planning Commission at the request of the applicant's attorney, Miguel Garcia. 2. S ecial Permit for Dancin and Live Entertainment-Case No. 87059 12001 Atlantic Avenue (Irene Pena) Comments : The applicant is requesting a Special Permit for Dancing and Live Entertainment at an existing cocktail lounge, 12001 Atlantic Avenue, Lynwood, CA., in the CB-1 (Controlled Business) zone. Recommended Action Staff respectfully request that the Planning Commission deny this application because staff has not received any response to its communications to the applicant. V10:AGENDA 1 .�� �� 3. Conditional Use Permit - Case No. 87057 12017 Atlantic Avenue (Leonel Vasque2) Comments The applicant is requesting approval of a Conditional Use Permit to rebuild a mini-market with off-sale alcoholic beverages at 12017 Atlantic Avenue, Lynwood, CA. Recommended Action Staff respectfully requests that the Planning Commission continue this application to the November 10, 1987, because the applicant is required to submit a Parcel Map, in addition to another site plan. 4. Conditional Use Permit - Case No. 87060 3562 Beechwood Avenue (Maria Briseno) Comments The applicant is requesting approval of a Conditional Use Permit to develop a two-story triplex at the rear of an existing single-family dwelling at 3562 Beechwood Avenue, Lynwood, CA. Recommended Action Staff respectfully request that, the Planning Commission not open the public hearing and continue Case No. 87060 to November 10, 1987. The applicant submitted plans but decided she wants to redesiqn the entire project. 5. Conditional Use Permit - Case No. 87064 12502 Harris Avenue (Rafael Zapien) Comments This is an application for a Conditional Use Permit to construct two, two-bedroom apartment units, with the required parking and open space, at the rear of an existing dwelling unit. Recommended Action: Staff respectfully requests that, after consideration, the Planning Commission adopt attached Resolution No. 2143: 1. Finding that Conditional Use Permit, Case No. 87064, is categorically exempt from the provisions of the State CEQA Guidelines, as amended. 2. Approving Conditional Use Permit No. 87064, subject to the stated conditions and requirements. V10:AGENDA ; 2 w I• , NEW PUBLIC HEARINGS: 6. Variance - Case No. 87077 Tom Lem (Chevron) Comments: The applicant is requesting approval of a Variance in order to install a thirty-five (35') foot rotating sign at the Chevron Service Station, 11401 S. Atlantic, Lynwood, CA. Recommended Action: Staff respectfully requests that, after consideration, the Planning Commission adopt attached Resolution No. 2151: 1. Finding that Variance No. 87077, is Categorically Exempt from the provisions of the State CEQA Guidelines, as amended (Section 15301, Class 1 g). 2. Approving Variance to the height of thirty-five ( 35' ).: 7. Zonina Ordinance Amendment Case No. 87078 Comments: The City of Lynwood is considering amending Chapter 25, the Official Zoning Ordinance, with respect to requiring additional parking for mini-malls. Recommended Action: Staff respectfully request that, after consideration, the Planning Commission adopt Resolution No. 2152: 1. Finding that Zoning Ordinance Amendment No. 87078, is Categorically Exempt from provisions of the State CEQA Guidelines, as amended (Section 15061 b 3) 2, Recommending that the City Council approve the Findings in Resolution No. 2152, waive reading and introduce the proposed ordinance. V10:nupubhrg 3 ' ,.. - �' REGULAR ORDER OF BUSINESS: None STAFF COMMENTS - AB2020 "The Bottle Bill" - Appeal to City Council Planning Commission decision to grant a constructional use permit to sell beer and wine in conjunction with the operation of a bonafide, full-service restaurant. - Special meetinq of the Planning Commission of September 29, 1987. COMMISSION ORALS: PUBLIC ORALS: (Information Items only) ADJOURNMENT: Adjourn to the next regular meeting of the Planning Commission on November 10, 1987, at 7:30 p.m., in the City Ha11 Council Chambers, 11330 Bullis Road, Lynwood, California. V10:nupubhrg 4 , . � '';Rr � , P �`"' fi n ; i Y fi iS � �� S,•`} � , � ..�.�;�i t !, 1i. h'�'v�. . �-1 "' ' . ... .. .. � DATE:° � October 13, 1987 � �`���� �-��r � . ._�,.._._..__.._.�.,•�---'.,,v i TO: PLANNING COMMIS5ION FROM: Vicente L. Mas,� Director Community Devel�opment Department SUBJECT: Special Permit for Dancina and Live Enterta Case No. 87056 Applicant: Oscar and Patricia Casillas PROPOSAL - The applicant is requesting a 5pecial Permit to add Dancing and Entertainment at the existing restaurant and cocktail lounge at 11020 Atlantic Avenue. FACT5 , ` 1. At its regular meeting of Tuesday July 14, 1987 the Planning Commission decided to continue this application in order to give the applicant additional time to secure additional parking in order to meet the parking requirements. • 2. On Friday July 31, 1987, Planning Staff received a proposed � shared parking lease agreement.between the applicant and Tommy's Burgers for a period of one year. The shared parking (parking lot lease) agreement submitted by the applicant , does not meet requirements set forth in Section 25-19.6g of • the Lynwood Municipal Code. 3. At its regular meeting of August 11, 1987, staff requested � the Planning Commission continue the item in order to give applicant additional time for an alternative solution to the � parking problem. _ � � � �� � � {4. At its regular meeting of September 8, 1987, the Planning Commission continued this matter to October 13, 1987, in view of the City Attorney's opinion with respect to dismissing the case without prejudice. 5. Staff has received a letter from the applicant's attorney, Miguel Garcia, (See attached) requesting a continuation to November 10, 1987. RECOMMENDATION Staff respectfully request that the Planning Commission not open � the Public Hearing and continue this case to the November 10, 1987, meeting of the Planning Commission. � " RevgPlan: 870565P ; /� s�. � � � - ' .. . •---^ . . � .. ,.`� . . LAW OFFICES OF � . . � � MIGUEL F. GARCIA . ' 1'I1E ESQUfRE BUILDING " � SA�Y2 E. BEVERLY HOULEVARD, LOS ANGELES, CALIFORNIA 90022 . TGLEPHONE: (213) 723-1890 (213) 72&189] September 17, 1987 City of Lynwood • A City Meeting Challenges 11330 Bullis Road Lynwood, CA 90262 Re: Mr. and Mrs. Oscar Casillas Case Ne.: 87056—Speci:�7. Permit for DancinQ and'Live Entermainment Dear Ms. Tilford: I acknowledge receipt of your letter. No date noted on the same.' My clients are not able to meet your September 18, 1987 deadline " for the submission of documents to the Planning Division. Therefore I believe the Planning Commission meeting of November � 1987 is more realistic. Please continue the captioned matter for the November meeting. Very truly yours, { �'n-t,� `�,� � �. M GUEL � GAR IA, Attorney at Law MFG/sc Enclosure � r,^mr.ciT�.T, „�. 1 t�. � . . . ! ���..^ i ; � ��� � �S � n (� . . � � �'� � � ��1�� �� ll.� � . � (,, . � . . _. ... � DATE: October 13, 1987 v� �``:`v', —__ � 1 0�q ��: ' TO: PLANNING COMMISSION FROM: Vicente L. Mas, Director Community Developmenf Department' SUBJECT: Special Permit for Dancina and Live Entertainment Case No. 87059 Applicant: Irene Pena PROPOSAL The applicant is requesting a Special Permit to allow Dancing and Live Entertainment at an existing cocktail lounge, 12001 Atlantic , Avenue, Lynwood, CA., in the CB-1 (Controlled-Business) zone. FACTS 1. At its regular meeting of July 30, 1987, the Site Plan Review Committee requested that the applicant submit another site plan, because the alley will be vacated. The alley was the only access to the parking area for the proposed use. � The revised site plan 2. On August 11, 1987, the Planning Commission continued this case to its regular meeting of September 8, 1987. However, the applicant has not submitted the required documents to - the Planning Division. : 3. This matter was continued from the September 8 Planning Commission, in view of the City Attorney's opinion with , respect to dismissing cases without prejudice. RECOMMENDATION �. Staff respectfully requests that the Planning Commission not open the 'Public Hearing and deny Case No. 87059. Disk 11-1:87059sp . -, � 3 , �:,, �!,��' , ; � �:.�.�!� i��a�. � �. , � __----�,- � , . C,�"� � �. i�'d ��. _ `b '► 0 5 —� j � ��� DATB: October 13, 1987 " TO: PLANNING COMMISSION FROM: Vicente L. Mas, Director Community Development Dept. SUBJECT: CONDITIONAL USE PERMIT-No. 87057 Applicant: Leonel Vasquez PROPOSAL The applicant is requesting a Conditional Use Permit to rebuild a mini-market which has off-sale alcoholic beverages at 12017 Atlantic Avenue, Lynwood, CA. FACTS 1. At its regular meeting-of July 30. 1987, the Site Plan Review Committee requested that the applicant submit another site , plan, because the lot dimensions on the plan were inaccurate. Also, the parking had to be redesigned so that cars would not ' exit by backing into the street. 2. On Auqust 11, 1987, the Planning Commission continued this matter to its regular meeting of September 8, 1987, since the • applicant had not submitted the revised site plan. On �August • 26, 1987, the revised site plan was submitted to the Planning . ' Division. 3. The Site Plan was reviewed by the Site Plan Review Committee on September 24, 1987. This site plan was rejected because • the ingress and egress to the site was not corrected. In addition, the applicant is now required to file a Parcel Map. ' RECOMMENDATION Staff respectfulTy reques.ts that the Planning Commission not open the public hearing and continue this matter to the next ,' regular meeting of the Planning Commission on November 10, . 1987. ' D-9-1:87057ctd ' ; r �- , - , �,, ,� y ,. � � , ., _:.�;�� ��� ._.�_._,..�„ ( 'ii r . ll;"t.. �:��. � l � l. O DATE: October 13, 1987 _.. _. .... .,- - ,--,., T0: PLANNING COMMISSION '� FROM: Vicente L. Mas, Director Community Development Department SUBJECT: Conditional Use Permit No. 87060 , 'Appli.cantc Maria Briseno PROPOSAL The applicant is requesting approval of a Conditional Use Permit to develop a two-story triplex at the rear of an existing single family dwelling at 3562 Beechwood Avenue, Lynwood, CA. FACTS 1. At ifs regular meeting of Julg 30, 1987, the Site Plan Review Committee requested that the applicant submit a , revised site plan due to the incorrect dimensions and measurements. Due to an inconsistency in our noticing , " procedures, the legal notice was published prior to Site , Plan Review; thereby, requir.in,g that the case be agendized . a;t that time. 2. At its regular meeting of August il, 1987, Staff requested the Planning Commission continue this item in order for the ' applicant to submit a revised site plan. 3. On August 26, 1987, staf,f received the revised site plan from the architect. The plans were reviewed by the Site Plan Review Committee on September 24, T987; however, the applicant now wishes to change the entire design of the . proposal, hence another site plan shall be required. RECOMMENDATION Staff respectfully requests the Planninq Commission not open the public hearing and continue this matter to the next regular meeting of the Planning Commission on November 10, 1987. D-9-1:8706Ocup ; .: 87064 " , . - � ,r, � � e �s� . ,] �. � � . . . � j'; r ti � 1 - ` j i - ��4=.1 { �{� . � f L�ii !F'�il. DATE: October 13, 1987 ,� � 4 ���,'� � � �i �E� t_. h''�'�.�. $� � t,��� TO: PLANNING COMMISSION FROM: Vicente L. Mas, Director • Community Development Department SUBJECT: Conditional Use Permit No. 87064 Applicant: Rafael Zapien ., PROPOSAL• The applicant is requesting a Conditional Use Permit to build a duplex at 12502 Harris Avenue, in the R-2 (Two-Family ' Residential) zone. FACTS: ' 1. Source of Authorit . Section 25-4.2 of the Lynwood Zoning Ordinance requires that a ConditionaT Use Permit be obtained in order to build or "_ relocate dwelling units in the R-2 zone. 2. Pro ert Location. ' The subject property consists of a single lot between Carlin Avenue and Olanda Street. (See attached Location Map.) 3. Property Size. The subject is rectangular in shape and is approximately sixty three feet (63') wide and one hundred and seventy seven feet (177') deep; the total area is approximately 9600 ." square feet. 4. Existina Land Use. _. The property is presently developed with single family residential. The surrounding land uses are as follows: North - Single-Family East - Single-Family & Multiple-Family & Multiple-Family South - Single-Family West - Single-Family , & Multiple-Family ' 5. Land Use Description. The General Plan designation for the subject property is ,. Townhouse & Cluster Housing, and the aoning designation is , R-2 (Two-Family Residential). The surrounding land use . designations are as follows: Disk 8:-87064cup , . 1 ; General Plan Zonin North - Townhouse & North - R-2 ° Cluster Housing South - Single-Family South - R-2 East - Townhouse & East - R-2 Cluster Housing West - Townhouse & West - R-2 '. Cluster Aousing 6. Proiect Characteristics The applicant proposes to remove the existing accessory . �structure at the rear of the single-family dwelling and build a two-story duplex for a total of three (3) dwellinq units. The development will consist of two, (2) two-bedroom units and five (5) enclosed garages beneath the units, with laundry and storage facilities located at the rear of the property. A six-foot (6') block wall fence will be built on the perimeter of the lot, except in the front yard set back, in which the maximum.height is four (4') ft. 7. Site Plan Review At its regular meeting on August 26, 1987, the Site Plan ' Review Committee approved the proposed project, subject to " the conditions and requirements stated in the attached Resolution. 8. Zoning Enforcement History None of record. 9. Public Res onse Siwan Thomas., 4152 Carlin Avenue, Lynwood, commented at fhe � public hearing of September 8, 1987, that the area has too many apartments. - ANALYSIS AND CONCLUSION .� l. Consistency with General Plan � The proposed land use is consistent with the existing Zoning classification (R-2) and the General P1an designation _ (Townhouse & Cluster Housing). Therefore, the granting of the Conditional Use Permit No. 87064 will not adversely affect the General Plan. 2., Site Suitability � The property is adequate in size and shape to accommodate the proposed development relative to structures, parking, walls, fences, landscaping, driveways and other development features required by the Zoning Ordinance. 3. Compatibility The proposed development is surrounded by a mixture of multiple and single family residential developments; therefore, the project will be compatible with the � deveTopment in the area. Disk 8:87064cup Z , 4. Com liance with Develo ment Standards The. proposed subject meets all of the development standards ,. required by the Zoning Ordinance with respect to parking; front, side, and rear-yard setbacks; distance between structures; lot coverage; open space and landscaping; ' building height; unit size and density. The base density within the R-2 Zone (14 unit/acre) allows the development of three (3) units. 5. Conditions of Approval � The improvements as proposed, subject to the conditions recommended by the Site Plan Review Committee, will not have a negative effect on the values of the surroundinq properties or interfere with or endanger the public health, safety or welfare. 6. Benefits to Community The proposed development will aid in aesthetically upgrading the neighborhood and will act as a catalyst in fostering other quality developments. Furthermore, the development will add favorably to the City's housing stock and will 'provide additional affordably-priced housing in furtherance of the policies of the Housing Element of the General Plan. 7. Environmental Assessment This 'development is categorically exempt from the CEQA -. requirements as amended Sectiori 15303, Class 3. � RECOMMENDATION Staff respectfully requests that after consideration The Planning : Commission adopt the attached Resolution No. 2143: 1. Finding that the Conditional Use Permit, Case No. 87064, os categorically exempt from the provisions of the State CEQA Guidelines, as amended (Section 15303 � � Class 3). 2. Approving Conditional Use Permit No. 87064, subject to the stated conditions and requirements. ATTACHMENTS ' 1. Location Map. 2. Plans. 3. 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' 3i �tai N s e. ° �� n "'., o cit ��-.. 7 'e 7 8 x.�v' . e 63 �I)d P 35 P Jb , JI 36 09 bb F is _ 8.5� g:�, 62 . a� ' } .. _ se� � , m /O ? . �� 6/ I�/Rw 3/ Si Sa t 0 \ So /SII •�. R >o - 95. . 9 , a ,_ �s � � K.. /fT! �.iy � xsea // � 3 � __� � �; y a�„e y ,,.� . io �_ - „_�o i1 S � s9 .. . L// �.�s,e� // /3 :s»' s.e � . � . . »m � ' 11 � � � 2 . N /< <��-r � �.u.57 ' q 2 P . ., i�o��.,e�,' � �,:sa. � � :a„55 . - . . � �� � . . � /3 ,iz J :]3� � � . � �I / e a ' �> >�,r � .�� � `5 1] uo t � ��53+ „ � �. �. e,.. . I�� 3 L..,�_ ` . : Y� W � , . . . . � .)�a� 6� .31�0 � . � {o `54 . . . � �� , /di m �'V } f � (ti LAN _ � , , -- -- $ -- ; i —� , �— _—_— -- —, � -- � ; . CASE N0. �]O�U°1� 87064 , � RESOLUTION NO. 2143 ,,. A RESOLUTION OF THE PLANNING COMMISSION OF THE ' CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 87039 TO CONSTRUCT TWO (2) UNITS IN THE R-2 (TWO-FAMILY RESIDENTIAL) ZONE, 12502 HARRIS AVENUE, LYNWOOD, CA. ' WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public hearing on subject application for a Conditional Use Permit; and WHEREAS, the Planning Commission carefully considered all pertinent testimony offered at the public hearing; and WHEREAS, a Conditional Use Permit is required for - development in the R-2 (Two-Family Residential) zone. Section 1 ' The Planning Commission hereby finds and determines as � follows: A. The site of the proposed use is adequate in size : and shape to accommadate the structures, parking, walls, landscaping, driveways and other development features required by the Zoning Ordinance. B. The granting of the proposed Conditional Use ' Permit will 'not adversely affect the Lynwood General Plan. C. The structures as proposed, or modified, subject to conditions, will not have a negative effect on the values of surrounding properties or interfere with or endanger the public health, safety or - welfare. ' D. The site will be developed pursuant to the current zoning, regulations and site plan submitted, � reviewed and approved by the Site Plan Review Committee. E. The proposed development will add favorably to the housing stock and will provide additional affordably priced housing in concert with the policies of the Housing Element to the General Plan. ": ' F: The proposed development will aid in aesthetically upgrading the area and will act as a catalyst in , fostering other quality developments. � Section 2 The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby ', approves Conditional Use Permit, Case No. 87064, provided the following conditions are observed and complied with at all times. Di•sk 8:Reso2143 . ; COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 1. The applicant shall meet the requirements of all other City Departments. 2. The applicant, or his representative, shall 5ign a Statement of Acceptance stating that he/she has read, understands, and agrees to the conditions of this resolution within fifteen (15) days from the date of approval of said resolution by the Planning Commission. 3. All requirements of all City departments shall be met. 4. All City of Lynwood Municipal Code requirements shall be met. PLANNING DIVISION CONDITIONS 5. The total development will consist of two (2) residential apartment units along with parking and other amenities. 6. A minimum of six (6) parking spaces shall be provided. At least three (3) of the total parking spaces shall be covered. ' 7. A minimum if twenty-five. percent (250) of the lot shall be landscaped and provided with an automatic irrigation system. 8. Apartment building and unit numbers shall be plainly visible and shall be a minimum of four inches (4") in height and shall be contrasting in color to the background. 9. The Community Development Department shall have the right of reasonable inspection, as with any other business within the City, for the purpose of protecting the general health, safety and welfare. 10. A trash enclosure shall be provided per Building Division standards. 11. All electrical and plumbing installation shall be performed by a licensed contractor. 12. A landscape plan shall be submitted and approved prior to receiving building permits. 13. No principal building on the site shall exceed a height of thirty-five (35') feet. 14. All driveway and parking areas shall be paved, and shall have sufficient illumination for security. 15. Construction shall be completed within six (6) months from date of issuance of building permits. 16. All driveway and parking areas shall be paved. 17. Final building elevations, including materials of construction, shall be submitteeed to and approved by the Building Official prior to issuance of any building permits. Disk 8:Reso2143 18. Before any building permits may be issued, the applicant/developer shall pay $1.50 per square foot for residential buildings to the Lynwood Unified School District, pursuant to Government Code Section 53080. 19. Demolition permit shall be obtained prior to removing the structure at the rear of the property. FIRE DEPARTMENT CONDITIONS: 20. Provide approved (U.L. and 5tate Fire Marshal) smoke detectors for each unit. (U.B.C.) 21. Provide one (1) 2A type fire extinguisher 'within 75 ft. travel distance. 22. Provide 4" dry fire line to rear portion of property. (Obtain specific requirements from Lynwood Fire Department.) 23. Where security gates are installed on premises, the locking mechanism shall be of the type that does not require a key or any special knowledge to exit premises. Also, provide a Knox Box at front of property. 24. Where security bars are placed on bedroom windows, they shall meet rrequirements of U.B.C., Section 1204. PUBLIC WORKS DEPARTMENT CONDITIONS: 25. Submit a grading plan prepared and signed by a registered Civil Engineer. 26. Connect to public sewer. Each buildirg shall be connected , separately. Construct laterals as necessary. 27. Provide and install one (1) marbelite street pole with light fixture, underground services and conduits north of northerly drive approach. ' 28. Underground all utilities. 29. A permit from the Engineering Division is required for all off-site improvements. 3-0. Existing structure to be underground utilities. 31. Align existing drive approaches with driveways. Section 3 . The proposed project is Categorically Exempt from the provisions of the State CEQA Guidelines, as amended (Section 15303, Class 1). Section 4 . A copy of this Resolution shall be delivered to the applicant. Disk S:Reso2143 APPROVED and ADOPTED this 13th day of October, 1987, by members of the Planning Commission voting as follows: AYES: NOES: ABSEMT: ABSTAIN: Lucille Kanka, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Vicente L. Mas, Director Henry S. Barbosa Community Development Dept. General Counsel Disk 8:Reso2143 I ' ��lN1r���.1 �••�-r� ��� !",M�...,',;,. i ..��dj I''d�. � �t���. �� �. 41 1 DATE: October 13, 1987 �.. ���,..._� TO: Planning Commission FROM: Vicente L. Mas, Director Community Development Department SUBJECT: Variance 87077 Applicant: Chevron U.S.A. P. O. Box 2833 La Habra, CA. Mr. S. L. Reber Proposal• The applicant is requesting a variance to increase the height of the major identification sign and two (2) price signs at the Chevron Service Station located at 11401 Atlantic Avenue, in the C-3 zoning district. Additionally the applicant requests an increase in the sign face of the pricing sign to include the words "auto care". Facts 1. Source of Authority. Section 25-16.17 of the Lynwood Municipal Code which regulate service stations sign regulations. Section 25-33 of the Lynwood Municipal Code. Section 25-26 requires that a Variance be obtained from the Planning Commission when, because of special circumstances applicable to the property, the strict aplication of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Government Code Section 65906 - State regulations with respect to Variances applicable to General Law cities. 2. Propertv Location. The site located at the southwest corner of Atlantic and Century and occupies four (4) parcels. (See attached vicinity map.) 3. Pro�Y Sizes The site is rectangular in shape and is approximately 16,480 square feet in size, generally 100' x 160'. The signs currently on the site consist of one (1) 27'7" rotating pole sign and two (2) gasoline price signs, one of which is attached to the existing pole sign and is proposed for the increase of square footage to include the words "auto care". 4. Existina Land Use I The site, presently serving as a gasoline service station with minor auto repair bays, is surrounded by the "following land uses. North - Commercial/Retail South - Commercial/Retail East - Commercial/Retail West - Commercial/Retail 5. Land Use Description General Plan Zoning North - Commercial C-3 South - Commercial C-3 East - Commercial C-3 West - Commercial C-3 6. Proiect Characteristics The site is four lots located on the southwest corner of Atlantic Avenue and Century Blvd. Approximately 100' x 160'. The variance request would allow the proponent to extend the height of the pole siqn from its current height of 27'7" to 35'. Section 25.33.; Subsection 6.c.1., allows on-premise freestanding, monfreeway oriented signs to extend to a height of 35'. However, Section 25.16.17 subsection d.l., which regulates service stations, allows one (1) . freestanding sign not to exceed twenty-five (25') feet in height. It is apparent by the inconsistency in code sections that service stations are unable to take advantage of the type of signage available to other commercial establishments in the City of Lynwood. The contradiction of code sections creates an awkward situation for commercial developement. Staff's findings indicate that granting this Variance request would not be detrimental to neighborhood properties. Additionally, the increase in the site of the price sign �would add approximately 8 square feet for the addition of "auto care" to the sign face. 7. Site Plan Review At its regular meeting on September 23, 1987, the Site Plan Review Committee approved the proposed project, subject to the conditions and requirements stated in the attached Resolution. The Committee did not grant approval for a rotating sign or any encroachment in the public right-of- way. 8. Zoninq Enforcement History None of record. ANALYSIS AND CONCLUSION: 1. Consistencv with General Plan The proposed land use is consistent with the existing zoning designation C-3 and with the General Plan designation of commercial. 2. Site Suitability � The property is adequate in size and shape to accomodate the proposed new signage relative to structures, parking, walls, fences, landscaping, driveways and other development features required by the Zoning Ordinance. There is not an anticipated increase in traffic caused by the new signage. 3. Com atibility_ The proposed signage is compatible with the commercial nature of neighboring properties. 4. Compliance with Development Standards Specific Findings: There are exceptional or extraordinary circumstances or conditions applicable to the development site that do not apply generally to sites in the same zone, in that the ' inconsistency in code sections relating to signage would allow a 35' sign to be installed at another commercial property not having gasoline sales. Granting the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecesssary hardship, in that denying this application would substantially restrict the right of the property owner to enjoy full property rights consistent with the General Plan and the Municipal Code. Granting the Variance will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare because the business and land use would not be altered by the increase in signage, and would not cause any negative impact to adjacent properties. Granting the Variance is consistent with the General Plan and the Zoning Ordinance and will not constitute a grant of special privilege inconsistent with limitation on other properties in the vicinity and in the same zone. 5. Conditions of Approval The improvements as proposed, subject to the conditions recommended by the Site Plan Review Committee, will not have a negative effect on the values of the surrounding properties or interfere with or endanger the public health, safety or welfare. 6. Environmental Assessment This development is categorically exempt from the provisions of the State CEQA Guidelines, as amended section. RECOMMENDATION: Staff respectfully requests that after consideration the Planning Commission adopt the attached Resolution No. 2151: 1. Finding that the Variance Case No. 87077, will not have a significant affect on the environment. 2. Approving Variance No. 87077, subject to the stated Findings. Disk 15: 87077VAR i I 87077VAR RESOLUTION NO. 2151 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING ZONE VARIANCE NO. 87077 TO ALTER THE EXISTING POLE SIGN FROM 27'7" TO 35' IN HEIGHT AND TO INCREASE TAE SIGN FACE OF TWO (2) PRICE SIGNS FROM 24 SQUARE FEET TO 30 SQUARE FEET. WHEREAS, the Planning Commission of the City of Lynwood, pursuant to law, conducted a public hearing on subject application for a Variance; and WHEREAS, the Planning Commission carefully considered all pertinent testimony offered at the public hearing; Section 1. The Planning Commission hereby finds and determines that said application for a Variance should be approved for the following reasons and findings: a. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to other property or classes of use in the same vicinity and zone, in that the sign code for commercial development permits pole signs of 35' in height and increase the double face price sign from 24 square feet to 30' square feet. b. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone in that commercial developments in the immediate vicinity have . installed pole signs of 35' in height and that the increase of the square footage of the price sign is the addition of lettering for "Auto care". c. The Variance will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare because it would be consistent with the commercial signage in the vicinity. d. The Variance is consistent with the General P1an and the Zoning Ordinance and will not constitute a grant _ of special privilege inconsistent with limitation on other properties in the vicinity and in the same zone, in that the Lynwood Municipal Code, Section 25-33 permits signage of the proposed height. Section 2. The Planning Commission of the City of Lynwood hereby finds and determines, based upon the aforementioned findings, that said Zone Variance should be approved, subject to the following conditions: 1. The sign shall not revolve, rotate, or oscillate, nor give the appearance of such. 2. The sign shall not project into a public right-of- way or established setback line before an encroachment permit has first been obtained from the Department of Public Works. . Section 3. A copy of this Resolution shall be delivered to the applicant. APPROVED ANDADOPTED this lOth day of October, 1987, by members of the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: Lucille Kanka, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Vicente L. Mas, Director Henry S. Barbosa Community Development Dept. General Councel Disk 11: RES02151 87078 DATE: September 14, 1987 f'� P 1 ,�;�n'i y i Li'ii {�'dU. � . ' TO: PLANNING COMMISSION t' i! r,' �. C j� g � U � 8 V; :�.;� .._ i � ..; . _.m_,_.�.-.�..,....-----,q � FROM: Vicente L. Mas, Director Community Development Department SUBJECT: PARKING FOR MINI-MALLS PROPOSAL The purpose of the proposed code amendment is to address the parking requirements for a particular land use which has exhibited some inadequacy in the actual number of parking spaces provided. FACTS Recently it has become apparent that the current parking standards of one (1) parking space required for each 400 square feet (1:400) of retail commercial floor area is not adequate for the actual users of mini malls, or neighborhood convenience centers. This is particularly true when tenants in the mini=malls are dispensing food or food products. ISSUES and ANALYSIS ' The development of mini-malls generally are undertaken without committed tenants. In many cases the developers have no idea who ` will occupy the space. Morever, there is no way of knowing future tenant users that would replace the original user, causing conflicts in the number of parking spaces necessary to serve, both tenant and customer. Generally, the proposer will provide the minimum number of spaces not programming into the design the possibility of tenants that would require additional parking over the requirement for retail use. The type of tenant that is a more intensive user is typically a food service, i. e. restaurant/sandwich shop, with or without seating, a donut shop or a mini-market operation. Peak hours, of use for food preparation, depending on type is lunch and late afternoon/early evening during dinner hours as well as peak traffic times. Typically, a mini-mall would not exceed 15,000 square feet in size, therefore it can become the maximum cut-off for any proposed parking calculation that is considered for this particular land use. Calculating the code required parking for the maximum square footage build-out is as follows: 15,000 gross square feet divided by 1 space for each 400 sq. ft. = 37.5 (38) spaces A mini-market tenant would occupy approximately 2000 square feet of floor area. As you can see from the calculation used below a mini-market user requires a greater number of parking spaces as per code requirements. • 2000 sq. ft. divided by 1 space for each 300 sq. ft. = 6.6 (7) spaces ; A food serving use of 1200 sq. ft. required per code greater intensity of parking as shown below: 1200 sq. ft. divided by 1 space for each 100 sq. ft. = 12 spaces The same development of 15,000 square feet with these two (2) tenants would now require 49 parking spaces rather than 38 parking spaces. This is an increase of 13% over the code requirement for retail use. Consequently it seems appropriate that the proposed code amendment be adopted which would amend the parking to accomodate the following calculation for mini-mall development. One (1) parking space for each 350 square feet of gross floor area. ENVIRONMENTAL ASSESSMENT The proposed amendment to the Municipal Code is exempt from the California Environmential Quality Act. RECOMMENDATION Staff respectfully requests NO. 2152: that, after consideration, the Planning Commission adopt the attached Resolution recommending to the City Council adoption of an ordinance amending Section 25-14.63 of the Lynwood Municipal Code to add Section M, to require a parking calculation of one (1) space per 350 square feet of gross floor area for mini-malls of 15,000 square feet or less. a. Finding that the proposed amendment is exempt from the provisions of the State,CEQA Guidelines, as amended (15061 b 3). b. Recommending that the City Council approve the findings in Resolution No. 2152, waive reading and introduce the proposed ordinance. Disk 16: Parking 87078 RESOLUTION 2152 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING CITY COUNCIL ADOP- TION OF AN AMENDMENT TO CHAPTER 25, THE OFFICIAL ZONING ORDINANCE, OF THE LYNWOOD MUNICIPAL CODE, WITA RESPECT TO THE CALCULATION USED TO DETERMINE THE NUMBER OF PARKING SPACES REQUIRED FOR THE DEVELOPMENT OF SMALL NEIGHBORHOOD CENTERS (MINI-MALLS) UNDER 15,000 SQUARE FEET. WHEREAS, the Planning Commission of the City of Lynwood, did, pursuant to law, conduct a public hearing on a proposed amendment to the Lynwood Municipal Code with respect to the above referenced subject; - WHEREAS, the Planning Commission of the City of Lynwood considered all pertinent testimony offered at the public hearing; and WHEREAS, the Community Development Department has determined that the project is categorically exempt from the provisions of the State CEQA Guidelines, as amended; Section 1. The Planning Commission riereby finds and determines as follows: A. The proposed amendment will be consistent with the objectives and the development policies of the City of Lynwood. B. The proposed amendment will not unreasonably constrain the use of property by landowners and developers. C. The proposed amendment will not adversely affect the General Plan. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby recommends City Council adoption of the proposed amendment. APPROVED AND ADOPTED this 13th day of October, 1987, by members of the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: Lucille Kanka, Chairperson V10:Reso2152 87078 APPROVED AS TO CONTENT: APPROVED AS TO FORM: Vicente L. Mas, Director Henry S. Barbosa Community Development Dept. General Counsel , V10:Reso2152 �,'i 87078 APPROVED AS TO CONTENT: APPROVED AS TO FORM: Vicente L. Mas, Director Henry S. Barbosa Community Development Dept. General Counsel V10:Reso2152 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER, THE OFFICIAL ZONING ORDINANCE, OF THE LYNWOOD MUNICIPAL CODE WITH RESPECT TO THE CALCULATIONS USED TO DETERMINE THE NUMBER OF PARKING SPACES REQUIRED FOR THE DEVELOPMENT OF SMALL NEIGHBORHOOD CENTERS (MINI-MALLS) UNDER 15,000 SQ. FT. THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, RESOLVE AND DETERMINE A$ FOLLOWS: Section 1. Chapter 25, Section 25-14.6 3, "Minimum off- street parking requirements" is hereby amended as follows: (m) Small neighborhood centers (mini-malls) under 15,000 sq. ft. shall provide one (1) parking space for each 350 sq. ft. of gross floor area. Section 2. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. First read at a regular meeting of the City Council of said . City held on the day of , 1987, and � finally adopted and ordered published at a meeting of said Council held on the day of , 1987, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Paul Richards II, Mayor V10:87078ord ' ATTEST: Andrea L. Hooper,. City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: Vicente L. Mas, Director Henry S. Barbosa ° Community Development Dept. General Counsel V10: 87078ord MEMORANDUM � DATE: November 10, 1987 T0: Planning Commission FROM: Vicente L. Mas, Director ,- Community Developement Dept. � SUBJECT: Proposed ordinance establishing recycling centers to accept redeemable beverage containers in compliance with Assembly Bill (AB) 202-0. Background The 1986 session of the State Legislature considered and approved the issue of recycling beverage containers. This is in direct response to the conoern over the deminishing number of lawful sites or potential lawful sites. A method of reducing solid waste is to encourage the community to consider recycling those items which are renewable such as aluminum, glass and plastic. The method for encouraging recycles rests on the requirement of the customer paying a one (.O1) cent fee deposited into a state account to be returned to the recycles upon proof supplied bg the recycler that it has accepted the actual number of containers for recycling. . The law requires that local qovernments grant to recyclers . permits to operate either mobile facilites and/or reverse vending machines within "convenience zones." Mobile recycling facilities consist of typically a truck equipped with bins to hold the recyclables. The recycling equipment would be located on the site a minimum of 30 hours per week; at least 5 of those 30 hours must be other than Monday thru Friday 9:OOAM to 5:OOPM. Reverse vending machines consist of somethinq on the order of a soft drink machine where cans, bottles or plastic containers are deposited one at a time in the machine and at least the one (.O1) cent deposit is returned automatically. These machines are stationary or permanently fixed. Attached is a drawing supplied by one of the companies proposing to locate a reverse vending machine site in a convenience zone at the Lucky Market located at 10721 Atlantic Blvd. Establishment of convenience zones was based on information accumulated: by the State Department of Conservation. A :'` convenience zone is an area within a one-half (1/2) mile radius of a supermarket. A supermarket was defined as a full-line self service retail store with gross annual sales of Two Million dollars ($2,000.000.00) or more annually. The state established a. total of 2,743 zones, of which six (6) zones are located in Lynwood (a map is attached for your information). ' In addition to reverse vending machines and mobile recycling facilities, the proposed ordinance sets standards for placing permanent recycling facilities in the manufacturing (M) zones. The location of permanent recycling facilities would be regulated by the ordinance as to proximity to residential zones, landscaping, fencing and parking requirements. - The ordinance sets up an administrative procedure where by the Community Development Director would be able to issue a permit providing the applicant complies with all the development standards established in the ordinance for reverse vending machines and mobile recycling facilities. The permanent recycling facility would require a Conditional Use Permit for placement within a Manufacturing (M) zone. .. ; CONCLUSION Staff is currently preparing a draft ordinance which is ' expected to be submitted £or Planning Commission consideration on November 10, 1987. V10:RECYMEMO I � / Y � )1G1i ( ! ,. 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