Loading...
HomeMy Public PortalAboutA 2011-08-09 PLANNING COMMISSION . . ,,��, ct of �Yl�T�00D �, � yyy , ��� � ((( Y � M: p1L.AMEPICPCItY . � � �;� " � C�ty �Lteeting ChaPPenges 1� � I� �� ���� � � - � 11330 BULLIS ROAD , ' � � LYNWOOD,CALIFORNIA90262 " �DEVELOPMENT SERVICES (310) 603-0220 � ' � DEPARTMENT � � � ^ � -� � � � - . . . .....x289 � AGENDA LYNWOOD PLANNING COMMISSION CITY HALL COUNCIL CHAMBERS � �p5.�� 11330 BULLIS ROAD R � � � � � � D � LYNWOOD; CA 9026Y August 09, 2011 �'�" p � ���� . G:OO P.M. CITYOF L,`��i4"�,OOD CITY CLERKS OFFICE (`✓y�.�;;,. �.,���,.<z PLANNING COMMISSIONERS G� �'� C.i�r►� b� c-.�� _ . Kenneth West Alex Landeros Rita Patel Bill Younger ^ Chair Commissioner Commissioner Commissioner PLANNING COMMISSION COUNSEL Law O�ce of Aleshire and Wynder Pam Lee, Assistant City Attorney PLANNING DIVISION STAFF Jonathan Colin Rita Manibusan Karen Figueredo Octavio Silva . ' Director Manager Planning Associate Planning Associate 1 . OPENING CEREMONIES 1. CaH meeting to order. 2. Flag Salute. 3. Roll calF of Commissioners. 4. Certification of Agenda Posting. 5. ; Minutes of P{anning Commission Meeting: )uly 12, 2011 SWEARING IN SPEAi(ER� 6. The Lynwood Planning Commission shall swear in all persons wishing to testify on any item listed on the Planning Commission Agenda. Residents shall swear to tefl the truth, the whole truth and nothing but the truth. PUBLIC ORALS 7. At this time, any member of the public may comment on any issue within the jurisdiction of the Planning Commission that is not on the Agenda. Members of the public may also comment at this time on any Agenda Item that is not scheduled for a public hearing. To preserve continuity, the Planning Commission Chair may, at his/her discretion, request members of the public wishing to comment on Agenda Items for which public hearings are not scheduled to hold their comments until just prior to the Commission's discussion of the Agenda Item in question. NEW BUSINESS NONE �OP!'�IlVlJED �A�!lBL3L' li�AFtElR!'�S NONE CONTYNUED REGULAR AGENDA NONE 2 NEW REGULAR AGENDA 8. Conditional Use Permit No. 2010-04, Conditional Use Permit No. 2010-05, General Plan Amendment No. 2010-01, Tentative Parcel Map No. 2010- 01, Zone Change No. 2010-01 and Initial Study/Negative Declaration APPLICANT: Fresh & Easy Neighborhood Market K.L. Charles Architects Northwest corner of Long Beach Boulevard and Pluma Street APN: 6170-034-017, 6170-034-018, 6170-034-023, 6170-034-025, 6170-034- 026, 6170-034-029, 6170-034-030, & 6170-034-900 Proposal Requesting approval of Conditional Use Permit No. 2010-04 to construct a 10,581 square foot Fresh and Easy Neighborhood Supermarket with forty three (43) parking stalls, Conditional Use Permit No. 2010-05 for a Type 20 Alcoholic Beverage Control (ABC) license for the off- site sale of beer and wine, Tentative Parcel Map No. 2010-01, Zone Change No. 2010-01, General Plan Amendment No. 2010-01 to change existing zoning from R-3 (Multi-Family Residential) to C-2A (Medium Commercial) zone and Initial Study/Negative Declaration. The property is located on Long Beach Boulevard between Pluma Street and Norton Avenue in the C-2A (Medium Commercial) and R-3 (Multi-Family) zones and within Village II of the Long Beach Boulevard Specific Plan. Recommendation Staff recommends that the Planning Commission approve Resolutions No. 3265, 3274, 3268, 3266, and 3267 approving Conditional Use Permit No. 2010-04, Conditional Use Permit No. 2010- 05, Tentative Tract Map No. 2010-01, Zone Change No. 2001-01, General Plan Amendment No. 2010-01 and to closed and adopt Initial Study/Negative Declaration. DISCUSSION ITEMS COMMISSION ORALS STAFF ORALS AD]OURNMENT Adjourn to the regular meeting of the Lynwood Planning Commission on September 13, 2011 at 6:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 3 1 ITEM # 5 � LYNWOOD PLANNING COMMISSION • Julv 12, 2011 The Lynwood Planning Commission met in regular session in the City Hall Council Chambers, on the above date. Chair West called the meeting to order at 6:05 p.m. Commissioner Landeros led the flag salute. Chair West requested the roll ca{{. Development Services Director Colin called roll. Commissioners Landeros, Younger and Chair West answered the roll call, commissioner Patel was excused. Also present were Planning Associate Karen Figueredo, Civil Engineer Associate Josef Kekula and Commission Counsel Pam Lee. Development Services Director Colin indicated the Agenda had been duly posted. Item #5 Minutes. )une 14, 2011 Chair West introduced Agenda Item #5, minutes of June 14, 2011, Planning Commission Meeting and asked if there were any questions or revisions. It was moved by Commissioner Landeros, seconded by Commissioner Younger and carried to approve the minutes of June 14, 2011. Item #6: Swearina in of Saeakers NONE Item #7: Public Orals NONE NEW BUSINESS NONE CONTINUED PUBLIC HEARINGS NONE CONTINUED REGULARAGENDA NONE 1 NEW REGULAR AGENDA 8. Zoning Ordinance Amendment No. 2011-01 APPLICANT: City of Lynwood-Development Services Department Planning Associate Silva introduced the next item requesting that the Planning Commission conduct a public hearing on the proposal to amend Chapter 25 and Appendix A of the Lynwood Municipai Code (LMC) in order to establish regulations for sensitive land uses that include second hand stores, pawnshops, bail bonds, check-cashing/pay-day loan and gold buying/selling establishments. At this time, staff recommends that the Planning Commission approve Resolution No. 3283, approving Zoning Ordinance Amendment No. 2011-01. Lieutenant Chavez from the Los Angeles County Sheriff Station spoke in favor of approving Zoning Ordinance Amendment No. 2011-01. Having no further discussion, it was moved by Commissioner Younger, seconded by Commissioner Landeros to adopt: RESOLUTION NO. 3282 ENTITLED: "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL OF AMENDING CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE IN ORDER TO ESTABLISH ZONING REGULATIONS FOR SENSITIVE LAND USES, INCLUDING SECOND HANDITHIRFT ESTABLISHMENTS, PAWN SHOPS/GOLD BUYING 8� SELLING ESTABLISHMENTS, BAIL BOND ESTABLISHMENTS AND CHECK CASHING/PAYDAY LOAN ESTABLISHMENTS". ROLL CALL: AYES: LA(dDEROS, YOUNGER, WEST NOES: NONE ABSENT: PATEL 9. Zone Change No. 2011-02 & General Plan Amendment No. 2011-01 APPLICANT: City of Lynwood-Public Works Department Planning Associate Silva introduced the next item requesting that the Planning Commission conduct a public hearing on the proposal to change the existing zoning and General Plan designation of Assessor's Parcel Numbers 6174-014-901 from R-1 (Single Family Residential) to OS (Open Space) and Assessor's Parcel Number 6174-009-901 and 6175-006-900 from R-3 (Multi-Family Residential) to OS as well as to establish zoning and General Plan designations for a property located on Thorson Avenue between Carlin Avenue and the first alley south of 2 I Carlin Avenue as Open Space (OS). The proposed zone changes are in conjunction with the City's proposal to develop (4) pocket parks. At this time, stafF recommends that the Planning Commission approve Resolution No. 3285, approving Zone Change No. 2011-02 and Generai Plan Amendment No. 2011-01. Vice Chair Wells asked if the Pianning Commissioners had any questions. Commissioner Younger asked if the City is receiving grants to develop the pocket parks. StafF replied that if the Planning Commission does not approved the project the City will not be award the grants assigned for the pocket parks. Having no further discussion, it was moved by Commissioner Younger, seconded by Commissioner Landeros to adopt: RESOLUTION NO. 3285 ENTITLED: "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE CITY OF LYNWOOD OF ZONE CHANGE NO. 2011-02 AND GENERAL PLAN AMENDMENT NO. 2011-01 TO CHANGE THE EXYSTING ZONING AND GENERAL PLAN DESIGNATION OF ASSESSOR'S PARCEL NUMBER 6170-014-901 FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO OS (OPEN SPACE) AND ASSESSOR'S PARCEL NUMBERS 6174-009-901 AND 6175-006-900 FROM R-3 (MULTI- FAMILY RESIDENTIAL) TO OS, AND TO ESTABLISH ZONING AND GENERAL PLAN DESIGNATIONS OF OPEN SPACE FOR A PROPERTY LOCATED ON THE PORTION OF THORSON AVENUE (FORMERLY CARESS AVENUE) IN THE CITY OF LYNWOOD, CALIFORNIA AS SHOWN IN TRACT MAP 11270, MA� BOOK 204 PAGES 49 AND 50, AND IN TRACT MAP 17484, MAP BOOK 424 PAGES 43 AND 44, OF MAPS IN THE LOS ANGELES COUNTY RECORDER'S OFFICE". ROLL CALL: AYES: LANDEROS, YOUNGER, WEST NOES: NONE ABSENT: PATEL 10. Zone Change No. 2011-01 i � APPLICANT: Carlin Avenue Village, LLC. I 3 4307 Carlin Avenue APN:6186-011-095to 6186-011-117 Planning Associate Figueredo introduced the next item requesting that the Planning Commission conduct a public hearing on the proposal to change the existing zoning from R-2 to PRD (Planned Residential Development) to construct twenty-two (22) detached residences, two-stories in height, with attached two- car garages. The property is already subdivided from (1) parcel into twenty two (22) lots creating a Planned Residential Development with a common vehicle access easement and open space areas. The property is located on Carlin Avenue between Waldorf Drive and atlantic Avenue in the R-2 (Twonhouse, Cluster and Two-Family Residential) zone. At this time, staff recommends that the Planning Commission approve Resolution No. 3284, approving Zone Change No. 2011-01. Vice Chair Wells asked if the Planning Commissioners had any questions. Commissioner Landeros pointed out parking is a major problem around the area. Having no further discussion, it was moved by Commissioner Younger, seconded by Commissioner Landeros ROLL CALL: AYES: YOUNGER, WEST NOES: LANDEROS ABSENT: PATEL COMMISSIONER ORALS NONE STAFF ORALS NONE ADJOURNMENT Having no further discussion, it was moved by Commissioner Younger, seconded by Commissioner Landeros and carried to adjourn at 6:30 p.m. Chair West called the meeting to order at 6:32 p.m. at the request of Commissioner Landeros to reconsider his vote on Item #10 Having no further discussion, it was moved by Commissioner Younger, seconded by Commissioner Landeros 4 RESOLUTION NO. 3284 ENTITLED: °A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE CITY OF LYNWOOD OF ZONE CHANGE NO. 2011-01, CHANGING THE ZONING DESIGNATION FROM R-2 (TWO- FAMILY RESIDENTIAL) TO PRD (PLANNED RESIDENTIAL DEVELOPMENT) TO ALLOW THE DEVELOPMENT OF TWENTY TWO (22) RESIDENTIAL UNITS ON PROPERTY LOCATED AT 4307 CARLIN AVENUE, ASSESSOR PARCEL NUMBER 6186-011-095 TO 6186-011- 117, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL: AYES: LANDEROS, YOUNGER, WEST NOES: NONE ABSENT: PATEL ADJOURNMENT Having no further discussion, it was moved by Commissioner Younger, seconded by Commissioner Landeros and carried to adjourn at 6:34 p.m. Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Jonathan Colin, Director Pam Lee, City Attorney Development Services Planning Commission Counsel 5 � ITEM # 8 DATE: August 9, 2011 TO: Honorable Chair and Members of the Planning Commission FROM: Jonathan Colin, Director BY: Karen Figueredo, Planning Associate SUBJECT: Conditional Use Permit No. 2010-04, Conditional Use Permit No. 2030-05, Tentative Parcel Ma� No. 2010-01, Zone Chanqe No. 2010-01, General Plan Amendment No. 2010-01 and Initial Studv/Neqative Declaration Northwest Corner of Long Beach Boulevard and Pluma Street. APN: 6170-034-017, 6170-034-018, 6170-034-023, 6170- 034-025, 6170-034-026, 6170-034-029, 6170-034-030 & 6170-034-900 APPLICANT: K.L. Charles Architects, Inc. —John Rodriguez Fresh & Easy Neighborhood Market Backaround The Applicant is proposing to develop a Fresh & Easy neighborhood market on property totaling 44,466 square feet located on the west side of Long Beach Boulevard between Pluma Street and Norton Avenue. The Development Services Department, Planning Division has been working with the applicant K. L. Charles Architects since early 2008. After several reviews, which included screening of the trash enclosure, placement of a decorative trellis along the block wall and faGade improvements amongst others, the applicant submitted plans on April 2010 for entitlements. Discussion & Analvsis The applicant is requesting approval of Conditional Use Permit No. 2010-04 to construct a 10,581 square foot Fresh and Easy Neighborhood Supermarket with forty three (43) parking stalls, Conditional Use Permit No. 2010-05 for a Type 20 Alcoholic Beverage Control (ABC) license for the off-site sale of beer and wine, Tentative Parcel Map No. 2010-01, Zone Change No. 2010-01, General Plan Amendment No. 2010-01 to change existing zoning from R-3 (Multi-Family Residential) to C-2A (Medium Commercial) zone and Initial Study/Negative Declaration. The property is located on Long Beach Boulevard between Pluma Street and Norton Avenue in the C-2A (Medium Commercial) and R-3 (Multi-Family) zones and within Village II of the Long Beach Boulevard Specific Plan. The floor plan identifies a 10,581 square foot commercial building which is divided with a 2,813 square foot warehouse area and a 7,580 square foot sales floor area. The project proposes to add a decorative landscape trellis on the south and north elevation, and along the block wall. Per Lynwood City Ordinance No. 1603 the Developer has the option of paying 1.5% of the total valuation of the project, or funding an art piece equivalent to the amount which may include statues, water features, murals, rock gardens, etc. Once the project reaches this stage, staff will present a proposed artwork to the Planning Commission. Environmental Assessment The Development Services Department conducted an Initial Study, included conditions of approval, determined that the proposai will not have significant impacts on the environment, and prepared a Negative Declaration consistent with the California Environmental Quality Act (CEQA) Guidelines. Recommendation Staff recommends that the Planning Commission approves Resolutions 3265, 3274, 3268, 3266, and 3267 approving Conditional Use Permit No. 2010-04, Conditional Use Permit No. 2010- 05, Tentative Tract Map No. 2010-01, Zone Change No. 2001-01, General Plan Amendment No. 2010-01. Attachments: 1. Location Map 2. Initial Study/Negative Declaration 3. Resolutions 4. Public Necessity Letter 5. Plans LOCATION MAP �� uy� a. ' � ima�' - _ hf A p. _ nlap� � �r ; �r 3'� - � -� � - . 1 � 4 ' � � . � I � �V 1 ` 1� � , �� � , l i- j � . � � Q � i� � 't� �'� ' _ _Elizabefh.qye � ,' _ � '43 .. � - - �i. , - _.. _ Wuma s ' � ,�'� 1 � o � m ' � Q �.I�fCP, r.F7frfl13 � � '' 'Pi22s tnn Ave - � _ _ j , � :a �, - -- - - � - �732 SS Basidn-RObbins - ��orfon Ave � ��' ` - JtJZ� - - -- . . i�lortonAve _ . -� - _ ` +� ' �}" - - _ ... _. _ . .. _. _ � ;� i O '' ��l 1��, 33 - - _ _ __ . _ _ 3124 � s�z4 -- - . _PoglarDr - -- . _ _ - - - _ � • 1 �, � � '' `ti ti � V �' .�. � �� � � . ' �_ .... , . �i . . . - ��' �G'.s - ' - . � _ n� °-P �os �r �� — - _�'�, �t, � - � - - 3{ � . _ areS Btvq _.. - 37a2 �._ " . - - ,- _- - � . •,�1 4 �•. PROJECT ADDRESS: Northwest corner of Lon� Beach Boulevard and Pluma Street ASSESOR PARCEL NUMBER (S):6170-034-017, 6170-034-018, 6170-034-023 6170-034-025, 6170-034- 026, 6170-034-029. 6170-034-030 and 6170-034-900 APPLICANT: K. L. CharlesArchitects-John Rodri�uez INITIAL STUDY Environmentai Checkiist 1) Project Title: Conditio�al Use Permit No. 2010-04, (Tentative Parcel Map No. 2010-01), Zone Change No. 2010-0i, Gen Plan Amendment No. 2010-01 and Negative Declaretion(Initial Study. Construct a commercial project, one story in height providing 10,581 square feet of retail space and fi three (43) parking stails. 2) Lead Agency Name and Address: City of Lynwood Development Services Department/Planning Division 11330 Bullis Road Lynwood, CA 90262 3) Contact Person, Title and Phone Number: Jonathan Colin Director of Development Services (310) 603-0220 Ext 255 4) InYroduction: The City� of Lynwood encompasses a 4.9 square mile area within the souYhern portion of Angeles County, California. The project proposes to construd a retail project, one >tory in height, provic 10,581 square feet of retail space, and forty three (43) parking stails. The City of Lynwood has deYermined that the project is subject to the guidelines and regulatio�s of California Environmental Quality Act (CEQA). This Initial Study addresses the potential direct, indirect � cumulative environment effects associated with the project. S) Purpose of the Initia! SYudy: Tne ourpose of the Initial Study is to: (1) identify emrironmental imoai (2) provide the lead agency with information to use as the basis for deciding whether to prepare Environmental Impact Report (�IR) or a Negative Declaration (ND); (3) enable an applicant or lead agenc� modiF� a project, mitigatino advers2 impacts befor2 an EIR is required to be �reoar�d; (4) facilit environmental assessment eariy in the design of the project; (S) document the factual basis of the finding: a ND that a project would not have a significant environmental impact; (6) eliminate needless EIR's; determine whether a previously prepared EIR could be used Por the project; and (8) assist in the preparat of ar EIR, if required, CEQA Guidelines require that the following specific disciosur� requirements be included in an Initial Stu (1) A destription of the project inciuding the location ai the project; ;2) Ar. identificaticn ef the �nvironm��tal setti^g; (3} An identinca[ion of �nvironmentai ei�ec[s oy use of a checkiist, matrix, or other method, provided t entries on a checklist or other form are explained to support the eniries except no impae. (=4) A discussion of ways to mitigate significar,t eifzct; 'rdentified, ii any, (�) An examination of umecher ihe project is cempatioie v�ith existing zoning, general olar, and ot apGiicable land use controls; Page 1 of ? 2 i (6) The name of the person or persons who prepared or participated in the infial study. 6) Project Location: The subject property is located at Northwest comer of Long Beach Boutevard and Plui Street the west side of Long Beach Boulevard between Pluma Street and Norton Avenue, Assessor Par Numbers 6170-034-017 in the C-2A (Medium Commercial) zone, 6170-034-018 in the R-3 (Multi-Fan Residential) zone, 6170-034-023 in the R-3 (Multi-Family Residential) zone, 6170-034-o25 in the C- (Medium Commercial) zone, 6170-034026 in the C-2A (Medium Commerciai) zone, 6170-034029 in the C- (Medium Commercial) zone, 6170-034-030 C-2A in the (Medium Commercial) zone, and 6170-034-900 in I C-ZA ( Medium Commercial) zone. The property is comprised of the above mentioned parceis and tot 44,466 square feet or 1.02 acres in area. 7} Project Sponsors Name and Address: K. L Charles Architects 12631 E. Imperial Highway, Suite E-iil Santa Fe Springs, CA 90670 Attention: John Rodriguez 8) General Plan Designation: Commercial 9) Zoning: G� (Medium Commerciai) and R-3 (Multi-Famify Residential} zones 10) Consistency with zoning, general plan and other applicable land use controls: The Development is consistent the General Plan land Use Map and C-ZA (Medium Commercial) zoning a land use designations. The project is consistent with the goais and policies set forth in the Land Use of t Lynwood General Pian and the Long Beach Boulevard Specific Plan. The project complies with developme standards to include but not be limited to lot area, lot coverage, density, buiiding height, landscaping a setbacks. Minimum parking standards are satisfied. The project, noticing, process and procedure is consistent with provisions set forth in State Law. 11) Description of Projed: Conditionai Use Permit No. 2010-04 approving the development of a retail building, one rtory in heig providing 10,581 square feet of retail space, and forty three (43) parking stalls. Conditionai Use Permit No. 201G-04: Con��ru�� 8 Oi�2 vwiy r2tail builGi;�g pro��uirg 10,581 squa:� ��et retail space, and forty three (43) parking stalls. Tentative Parce! Mao No. 2010-01: To consolidate parceis numbers: Sll0-034-017, 6170-034-018, 6170-0' 023,5170-034-OZS, 6170-034-026, 6170-034-029,6170-034-Q30 and 6170-034-900. Zone Chanqe No �010-01 and Generai Plan Amendment No. 2010-01: to change 2xisting zoning from F (Multi-Family Residential) to C-2A (Medium Commercial) zone. Environmental Review: Negative Declaration/Initial Study 1Z) Surrounding Land Uses and Environmental Setting: The subject property is irregular in shape and totais 44,�66 square feet or 1.02 acres in area. The property currently vacant. The surrounding area consists of commercial and residential land uses as Follows: Su6ject: Commercial North: Commercial South: Conmercial Ea<_t: Multi-Family R2sidentiai Page 2 of iZ West: Commercial 13) Other agencies whose approval is required: Los Angeles County Public Works Departrnent Los Angeles Cpunty Fire Departrnent Lynwood Redevelopment Agency 14) EvaluaYian of Environmentai Impacts Potentially qffec#ad; The Initial Study a�d Negative Declaration analyzes the potential environmental impacts associated with th proposed projects. The areas evaluated in this Initial Study are: Land Use and Planning Trensportation/Circulatio� Public Services Population and Housing Biologicat Resources Geological & Soils Energy & Minerat Resources estheGcs� Hydrology & Water Quality Hazards & Hazardous Materials Culturai Resources Air Quality Noise Mandatory Findings of Significance R�cr�ation The Environmental Analysis in this section is pati2med after the Initial Study Checklist recommerded by the CEQA Guidelines and used by the City in iu env�ronrnenta! revic�,v process. For the prelimina.ry environmenta! assessmeni undert�ak.en as �art of this Ini�ia� St;�dy's preparation, a determinatio� that there is a potential P�r significant effecG indicates the need to more fuliy analyze the ProjecY; impacts and to identify mitigation measUres. Environmental Pactors potentially Affected; The 2 rn�ironmentai factors checked beiow would be potentially affected by this proiect, invo(ving at least one impact thaY is a"POt�n±ialiy Si�nificar!t Impact" as ir.dicated by the checklis*_ on the following pages. _Land Use and Planning _Transpor�.ation/Circulation _Public Services _Population and Nousin4 _Siologicai R�sources _ _Utilities & Saroice Systems _Geological problems _En2rgy � Mineral Resource _A2sthetica � —W ��� r _Hazards _Culturai Resources Air Quaii"ry ^7oise — _Recreaiion _Mandatory Findings oi Signirica„ce Determi�aation: . (To be completed by the Lead Agency.) On the basis of this initiaf evaluation; i�iPid i{ic3t •`_�'ic p�cpc�aC Nrc J� yCii��v , ^v'v-i i77WE a�ia�i�liiC�i7� ciiELi v�� i�ic cii4iiGlf�^^ci�t and a NEGA7IVF_ DECLAP„1T[ON wilt be prepared. �( �� I iiiw' i 8ii'FiOliyfl `ti �PG�GSEt1 �'iTe�jC'ii CuU�G iia;iE 8 5lyfiiiiiaiii 2ii�c:� vii i 2iiYlf�l��eRL� khere wili not be a signiricant zifect in khis case because the mitigation measures descri6ed on ��n aitach2d >heet havi been added ta tre omi�r_, =, NIITI,RT�D t�1EGA.TIVE DECLA;�,a'�p�� will be orepard, �age 3 of 1Z I I I find that the proposed project MAY have a significanE effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. — �� I find that the proposed project MAY have a significant effect on the environme�t, but at least one effect 1) has been adequately anatyzed in an earlier document pursuant to applicabie legal standards, and 2) has bee� addressed by mitigation measures based on the earlier analysis as ' described on attriched sheets, if the effect is a"potentiaily significant impacY' or "potentially � signficant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must � analyze only tfie effects that remain to be addressed. — � � I find that although the proposed project couid have a significant effect on the environment, � there WILL NOT be a significant effed in this case because all potentialiy signifitant effects � (a) have been analyzed adequately in an earlier EIR pursuant to applicabie standards and I (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or i mitigation measures that are imposed upon the proposed project. — I � n���,� 1}�� � r � ��. �-�, ISignature� �Date � �/ �C> � L''�C�!/1 ���� l�'"•/ Printed Name For Environmental Analysis (Checklist): 15) A brief expfanation is required For aii answers 2xcept "No Impact" answers that are adequately supportetl by the information sources a lead agency cites in the par�nthesis fo�lowing each question. A"No Impac:" ar,swer F adequately s�ppert°d if the rsferer.c?d infermation sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A"No Impact" � answer should be explained where it is based on project-specific screening analysis). �, Ali answer; m��st take account of the whole action involved, including off-site as well as on-site, cumuletive as well as project-level, indir2d as well as direct, and construction as well as operational impacts. �� "Pote�tially Significant Impact" is appropriate if there is substantial evidence that an effect is sigr.ificant � If therz are one or mor� "Potentially Significant impact" entries when the determination is made, a� EIR ie � required. I "Potentially S+gnificant Unless MiYigated Incorporated" applies where the incorporation of mitigatior measures has reduced an 2ffect from "Potentially Signifcant Impact" to a°�ess than Significa�t Impact.' ' The lead agency must describe the mitigation measures, and brizfly zxplain now they reduce the effect to e I Page 4 or 12 , � , ' , fess than significant levei (mitigation measures from Section XVII, "Earlier Analyses," may be cro� referenced). Earlier anatyses may be used where, pursuant to the tiering, program QR, or other CEQA process, an effe has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earli� analyses are discussed in Section XVII at the end of the checklist. � Lead agencies are encoureged to inmrporate into the cfiecklist references to information sources for potenti� impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside documer shouid, where appropriate, include a reference to the page or pages where the statement is substantiated. 1 source list should be attached and other sources used or individuals contaded should be cited in th� discussion. ' Potentialry �, Significant , Po�Mialty Unless Less Tl�an Significant MitigaGon Signficant No ; Impact Incorporated Impact Impad 1 Issues (ar.d Supparting Infcrmatian Scarces;: 1 Would the proposaf result in pot°ntiai impacts invoivir,g: ' � I. LAND USE AND PLANNING. Would the proposal: a) Conflid �roith ger.=rai clan desig^aticr, cr _ XY zoning? (Source(s): ) b) Cenflict w!th applicabl= 2nvironmental plans _ _ � or policies adoptzd 6y agencizs with junsdictian . over the project? ( ) . c) Be incompatiWe with xisting land u� in _ _ _ � the vidnity? { ) d) Affec[ agncultu2l 2sources or operations _ _ � , ' (e.g., Impacts io soiis or farmiands, or impacts from incompatible land uses)? ( ) e) Disrupt or divide the physical arrangemen[ o� _ � an zstablished tommunity (including a low income or minarity community)? ( ) I?. POPtlLATION Al4S3 HOUSENG. Nlould �he proposal: � I � a) Cumulatively =xceed official regional or local _ XX '� popWatlen prnjecticns? ( ) I b) [nduc2 substantiat gmwth in an area either _ _ _ � i dired�y er indir�^!y {e. thrcugh prc;ec� ir. zn unde�reloped area or exten=_ion oi mzJer �, infrastrucfure)? ( ) c) �Jispiace °xistlng housing, e=octiaily afferdable _ _ 1a � nousin9? ( j i � i II �'age 5 of 1Z I Potentially r Significant ' Potentially Unless Less Than Significant Mitigation Significant No Impact Inrnrporated Impad Impact ' III. GEOLOGIC PROBLEMS. Would the proposal result ' in or expose people to potential impacts involving: � d) FdUlt fllpCUfe? ( ) — — � � tr? Seismic grtwund shaking? ( 3 — — � . . — �� i c) Seismic ground failure? C ) — — � �, � i d) Seiche, �unami, or volcanic hazard? ( ) — — — I e) landslides or mudfiows? ( ) — — � ' � � Erosion, changes in (opogrdphy or unsTabie soil _ _ — � �, conditions from excavation, grading, or fill? ( ) i Less 7han Significant Impact. A commercial use project, one story in height providing 10,581 square feet of retail space and for*/ thr� (43) parking stalls will be developed, requinng alteration of euisting g2ding and drainage pattems. Detailed grading and drzinage plans wou�d 'oe required and plan checked by the Public Worl� Deparhnent and the property would be inspected [o ensu2 compliance with the Califomia Building Code. Mitigation Measures: Structure shall be built in accordance with the Uniform Building Code. g) Subsidence of the land? ( ) — — — � h) Eepansive wils? ( ) — — — � Less than Significant Impact: The Qty is within a IiquefacUOn area and soil compaction may be an issue. A detailed �il=_ report would be required during plan chxk and prior to issuance of buifding oermits. Mitigation Measures: No mitigation measures are required. � i) Unique geolo5ic or physical ieaNres? ( ) — — — � i IV. WA7ER. Would the oroposal result in: — — , a) Changes in aCso!T,�tien �tes, drainage pattems, � 1 or the 2te and amount of surface runoff? ( ) i �� Less than Significant ImpacY. The deve(opment of a commerciai project would include development of structures, Fences, �� driveways and landscaping, thereby altenng absorption rates and drainage pattems. The City will require detailed grading anc i drainage olans to enwre proper drainage and protec[ properties in the vicinity. i I Mitigation Measures: No mitlgatior. measures are required. — — b) Erposure of people or property to wat�r � I related hazards such 3s flcoding? ( ) 1 c) Discharge intn surface waters or other alteration _ — � � of surface water qualib/ (e.g., t�mperature, I dissolved oxygen or hubidity)? ( ) i � 1 d) Changes in the amourt of surface wat2r in _ — — , Page 6 of 12 I i any water body? ( ) �' I e) Changes in curren[s, or the course or direction _ � � of water movements? ( ) �' r � Change in the quantlry of ground waters, either _ _ _ � through direc[ addibons or withd2wals, or �� through interception of an aquifer by cu� or � excavations, or through substandal loss of . groundwater recharge capability? ( ) , g) Altered direction or rate of flow of groundwater? _ � �� h) Impacts to groundwater quality? ( ) _ — — � i Less than Signficant Impact. Constrvction activides assodated with the dev=lopment of a commerdal project may have�� short and bng t=rm impacts. A Standard Urban Storm Water Mitigatlon Plan will be reGuired pursuant to the Sta[e Regional � Wat2r Quaiity Control Board. � � Mitigation Measures; No �iCgaticn measures are r2qWr=d. i i) Substantial reductlor, in the amoun[ of _ _ — � � groundwater otherwise avaiiable for � „^.L'hLC W3C°C SUFr�!25� � � V. A3R ¢UA:S� Y. Y/culG � 2 prop�l: a) Volat� any air quality ;�ndard ar contrbut2 to _ — � an existing or project2C air Gualiry ✓iclation? ( ) b) 6cpose sznsitive rxeptors to polluiants? O � — Less than Siga�cant Impact: Residen6al and commerciai proeerties in the immediate viciniy may he aff2cfed in the short- term by greding and consiruction activities. The applicant would be r�uir:d fo wa[er Cie sit2 daily to r_duce fugitive dust zmissions dur,ng mnstr�iction. Miiigatiaa Measures: i!c mitlgaoor, mezsures 3r� ��Guired. c) Alter �ir movemen:, moistur=_, or temperah:re, ' _ — � or cause any change in dimate? ( ) d) Geate objectionabie odors? ( ) � — I less .han Significant Impack. Odors may be pr�sent in �e short tarn dunrg consG�uckion. T,�e applicant would be r�uireG tc compiy with all Iccal, ;ta.e, anG federai r2quiramer� cerainirg co air qealih/. Cays arG hcurs of mnsLVCticr. wculd be limitzd tc MenCay u rcugh Sur.day trom 7:00 a.m. to 7:CQ p_m. M pr�,=cc the health, saf=__ry, =_nd �,velfzr= oP persons in the area. MitigaGOa Measures: No mi6aadon measurs ar° reauir°d. i YI. TRANSPORT.ATSONJCIRCUTATION. � 'NOUId tl?e ilrcposal �suEt i�,: � a) Lncreas2c vehide trips or traffic congestion? Q _ — %a — � Lass than Significant Impact. The deveioRment oF a commercial projecY would inrreaee 7=_ffic and vehide trip =_nds. V=nicle access and parking 2cillties are adequate te acccmmodace additionai venicies and provide ori-�veet parkina. Uny l Eeach Blvd is eufficient in width to accommedate the v?hide G�R ends and erovide additlonal on � parking. � Mitlgation Measures: No mitigaGon meawres are 2quired. I � Page 7 of 1? I b) Hazards to safety from design Featuros (e.g., — � — sharp wrves or dangerous intersecUon) or , incompatible uses (e.g., fartn equipment)? ( ) ' less than Signifimnt Impact. Vehide Access would be provided from a 30' driveway alo�g Norton Avenue, a 38' drivevr fiom Pf�ma Street and from a 35' driveway along Long Beadi Boulevard. ��. Mitiqation Meawres: No midgation measures are required. � [) Inadequate emergency access or aaess _ — � — � ro nearbY us�? ( ) � less than SignfiwnY Impact. 1'he applicant wiil be required to i�tall convete driveways and maintain such vehide acces Omrerrays shall remain �1ear and accessibie to vehides at ali dmes. Mitigation Measures: No mitigation measur=5 are required. . � Insuffiderrt parking capacity oo-site or off-site? � — . Less than Significant ImpacY. The applicant wiil Ce required to provide 43 on-site parkin9 stalis. Such parking lalls sha �, remain dear and accessible for vehide parking at ali tlmes. � Mitigation Measures: No mitigatlon measurs are requir d. �, i Potendally � Significant Potentiaily Unless Less Than Signifiwnt Mitigation 57gnifiwnt No Impact Incorporeted impact Impact :) Hazards or barriers for pede�iians or 6icyclists? _ — � � ConFliCs with adopted policies supporting _ — — � altemative trdn;portatlon (e.g., bus Nmouts, biCydE rack5)? ( ) � g) Rail, waterbome er air traffic impacts? ( } _ _ _ � VII. SIOLOGICAL RESOURCES. I Would the proposal r2sult in impacL to: � a) Endanger-0, threatened, or rzra �.,ECi<s or ;hzir _ _ — � I nabitats (induding but not limitzd to plants, fish, inszcts, animals, and birds)? ( ) I b) locally desgnated sPecies (e.g., heritage trees)? _ — — � 1 � c) Localiy designated natural communities _ — — � � (e.g., oak forest, coastal ha6itat, °tc.)? ( ) i � , d) WeUand habitat (_=.g., marsh, nparian, and _ — — � � vemaf poul)? ( ) ; z) Wildlife dispersa� or migration mrridor? O _ _ — �—' VIII. ENERGY AMD MINERAL RESOURCES. �, Would the proposai: a) Conflict witt� adopEed _nerqy ronservauon plans? _ — — �—' % Page 8 of 1Z I � � b) Use non-rerrewable resources in a wastefui and _ _ _ � inefrident manneR ( ) ' c) Resul[ in the �oss of availability of a known _ _ _ XX ' mineral resource tha[ would be of fuNre value . to the region and the residenls of tfie State? () . IX. HAZARDS. Would the proposal involve: a) A risk of acddenfal ;xplosion or release of _ _ XX _ hazardous wbstances (induding, but not limfted to: oil, pestiddes, chemicais, or radiation? O � Less than Signifiont Impaet. Constrvetion activities and vehides would indude hazardous materials in �e short-termi Prequent property iospeetions will be made by the Cty to ensure protection of the public health, saf=ty, and gene2l welfar=� Upon project rnmpletion, very little if any hazardous materials are expected to be stored in the commercial eslablishments. Mitigation Measures: No midgadon meawres required. b) ?�sible int�rfer=nce with ar. =merger.cy �._,ponse _ _ _ � � Plan or emergency evacuation plan? ( ) � i c) The crea6on of any health hazard or _ _ XX _ � potential health hazard? ( ) . Less than S:gnifir.ant. Ccnstructior, activ�tles ir, tl shcrt-t°rrn may cr°ate noise, dust, odore, °tc. Da;S artd hour c. mn will be limited and the project sit2 watered daily. No ovemight storage of constructlon vehicles will be permitted, Regular site inspections will be performed by Ciry ;taff. Mitigation Measures. No mitigatlon measures are required. d) Exposure of people to existing sources � of potential health hazards? ( ) � e) Incr=_ased fire hazard in areas with fiammable _ _ � brush, grass, or trees? ( ) X. NOISE. Would the proposal resutt in: a) Increa=_es in ensBng noise IeveL=? { ) _ XX _ � Lass than SignificanY Impact. Cen�uc?�en activi5es in rhe short-tern would increase am6ient noise Ieveis. Oay= and hours of construction would he limihd to Monday rhrough Sunday from 7:00 a.m. to 7:00 p.m. The rz=_idences would have acoustical �eatur�s tc reduce noise levels and be in compiiznce witti the City> Noi� Ordinance as well as �e C'aliiomia Building Code. � Mitigation Measures: No mitiSatlon measures are required. i I � b} Fxposure af pEOple ro severe noise levels? ( ) _ _ XX _ I � Less than Signficarrt Impact. Corstruction activities in rhe sherc-[ertn would increase noise Ieveis in the vicinity. Days and hours af � construction would be limited. Upon projed mmpletion, J�e commerciai zstablishmerts are not ;xpected ro substantially increase the � ambi=r.*_ r.oi=_e !eveis in !+�e vidni_ry. ��� ?iitigation i•leasuw_s; No mi�gatlon measur_s are requir=_d. I XI, �UBLIC SERVICES. Would the proposal have an � effec: upor., o� r=sulf ir: a neeC fcr ner� cr aitared ! govemment services in any of rt�e following areas: �) rve Protection? ( ) — — '�—" — I Page 9 of 1? I � Less than Signifiont Impact. Development of a commerciai project may require additional fire protection. The Los M9ele County Fre Departrnent has two (2) locatlons in the Gty of Lynwood capable of responding tn emergency plls. � Mitigation Measures: No mitigation measures are required. ' I b) Police pratecdon? ( ) — � — Less [han Signficant. Development of a rnmmercial project may require additional police services The Los Mgeles County Sheriff Department has adequate r�ources at the Century Statlon to respond to serrice calls. Mitigation Measures: No mitigatlon measures required. I c) 5choats? ( ) — — � I d) Mairrtenanc= of public fadlities, induding roads? _ _ � _ �, Less than Significant Impact Additional business establishmentr would increase wear znd tear on stree� in the vidnity� due to added trip ends. The Cty has budgeted for futur= street improvemertts that would be implemented and maintained by � the Public Works Departrnent. � i Mitlgation Measures. No mitigation measures requir:d. � i e) Other govemmental services? ( ) — — — � I I Potentially ' Significant Potentialty Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impad XII, UITLITIES AND SERVICE SYSTEMS. Would the proposal resuf[ in a need for �ew >yfems or suoplies, or wbhantial alt°rations to the following utilizes: a) Power or natural gas? ( ) — — — � b) Communications systems? ( ) — — — � c) Local or regional water tr2a{ment or _ — — � distribution facilities? ( ) d) Storzn water drainage? ( ) — � — Lass than Significant impact. The project will require mnstruction of a new commerdal building and oaving Nat may incrzase rtorm water drainage. The appficant would 6e requir�d to camply with th= City of Lynwoed Standard Urban Storm 'rVater MiCgatcr P!an Ordinance :c ersu: ° proper drair.agz and �!ac pe!i�ran+s ar? treared on-site pnor to enTering s[orm drains. � Mitiyation Mea>urzs: No miGCaScr, m°asures ar° r°Guir°C. e) Solid wastz disposal? ( ) — � — less than Significant Impact. Additional business zsta6lishment would inaease solid waste. The Cityi solid waste I contractor is capable of providing trash pick-up services to [he projeR. Mitigation Measures: No mitigation Measur=s arz required. 1 � � � Local or regicnal water supalies? ( ) — — — � I �' XIII. AESf'HETICS. Would the proposal: �i a) Affect a scenic viRa or scenic highway? ( ) _ — — � i �, bj Have a demenstrabie negafi�e aesthetic �ffed% _ — � — I Page 10 of 12 I Less than Signifiwnt Impad. The project has been reviewed by the Design Review Board and Site Plan Review Committi to znsure harmony wi*Ji the �sting r:sidenc� and businesses in �e vicinity. Mitigatio� Measures: No midgation meawres ar= required. c) Create light or glare? ( ) _ � — Less than Signifipnt Impact. The commercial project will mquire exterior lighting. A de�iled lighting plan will be requirt tha[ identlfies light inte�sities and that wch figh� are shielded and direc[ed away from adjacent properties. Mitigation Measures: No mitigatlan meawr� are required. XIV. NITURAL RESOURCES. Would the proposal: , a) Disturb paieontn�ogy resources? ( } XX b) Disturb archaeofogical resources? ( ) _ _ XX c) A�ect historical resources? ( ) _ _ _ � dJ Have me poten[ial to cause a physicai cnange _ _ _ XX tha[ would afFect unique ethnic cultural values? d) Restrid:�ds�ny rliyicus cr;acrcG uxs wi��in — — — XX the poten0a! impac[ area? ( ) XV. RECREATION. Would�the proposal: aj InQezse the demand for neighbornood or _ _ XX rcyional par?� or other recreatlonal facitities? O b} Affec[ zxisting recreatlonal opportunities? () _ XX XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a} Does the projett have the potentlal to deg2de _ _ XX the qualiry of the ernironment, substanrially reduce the habitat of a fish or wiidlife sR�es, cause a fsh or wildliFe popula5on to droo below self-susbining levels, thr?aten to =liminate a piant or animal mmmunity, reduce the number or res"vic[ the rdnge of a rare ur �ndanger r�ant ur ar�imal, or eliminate important exampfes of ihe major pericds cf Califcmia history cr prehistory' b) Does [he projed have the potential to achieve _ _ _ XX short-tertn, [o �e disadvantage of long-term, � ,..,...cnmar.�l g:a!s' c) Cces the prcject have impactr that are _ _ XX individually limit2d, but c�mulatively ccnsfderable? �'Cumulatively mnsiderable" means that 3�e incremental effec� of a projr_± are mnsiderab!e when viewed in co�nxtion with the =ffects of pasi projects, the �ffecG af ofher current prajects, and the 2ffects of probable future pmjec�.) , C; Dces the projrt have er,viror,mental °ff=_�'ts � which will cause subsdntial adve�e affects or, human beings, either directly or indirectly? Page il of 12 XVII. EARLIER ANALYSIS. Earlier analyses may be used where, pursuant to the tearing, program EIR, or other CEQA process, one more efFects have been adequately analyzed in an earlier EIR or negative declaration. Secti 15063(c)(3)(D). In this case a discussion should identify the foliowing on altached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are availabie for review. b) Impacts adequately addressed. Identify which efFects from the above checklist were within t scope of and adequafely analyzed in an earlier document pursuant to appiicabie legal standards, a state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "less than Significant with Mitigation Incorporate� describe the mitigation measures which were incorporated or reFned from the earlier document a the e�ent to which they address site-specific conditions for the project. Authority: Public Resources Code Sections 21083 and Z1087. Reference: Public Resources Code Sections 21080(c), 21080.1, 21080.3, 21082.1, 21083, 21083 ' 21093, 21094, 21151; Sundstrom v. County of Mendocino, 20Z Cal.App.3d 296 (1988); Leonoff Monterey Board of Supervisors, 222 Cai.App.3d 1337 {1990). , � i t � I �' Page 12 or 12 City of Lynwood Community Development Department 11330 Bullis Road Ly�wood, CA 90262 (310)603-0220,X289 NECATIVE DECLARATION County Clerk County of Los Angeles 500 West Temple Los Angeles, CA 90012 RE: Negative Declaration for Conditional Use Permit No. 2010-04, Zone Chanqe No.2010-01, Tentative Parcei No. 201Q-01 and General Pian Amendment No. 2010-01 To Whom It hiay Concern: Application has been filed with the City of Lynwood for approval of the project known as the Fresh & EasX Neighborhood Market, consisting of Conditional Us2 Permit No. 2010-04, on property located at Northwest corner of Long Beach Boulevard and Pluma Street the west sic�e of Long Beach Boulevard between Pluma Street and Norton Avenue Assessor Parcel Numbers 6170-034-017, 6170- 034-018, 6170-034-023, 6170-034-�25, 6170-034-025. 6170-034-029, 6170- 034-030, and 6170-034-900 within a C-?A ( Medium Commercial zonin4 desiana*ion and to be develooed bv the aaplicant K. L. Charles Architects. Inc. (John Rodric,�uez� The project is brierly described as: Approvai to construct a retail buildi�g one storv in h�iqht oroviding 1Q,581 square f�et of retail space, and 43 parking stalls ENVIRONMENTAL ASSESShtENT: An Initial Stud,v was performed and no I potentially significant impacts were identified, htitigation measures were not ; required, howev�r, mandatory conditions of approvai are set fortn in Pfanning i Commission r�esolutions 3265, 3256, 3�67, 3Z68, and R2solution 3L74 co ensur compliance v��ith the Lynwood General Pian, Zoning Code and California Buiiding � Code. � In accordance with the authority and criteria contained in the California ' Ern�ironmental Quality Act (CEQA) S�ate Guidelines, anc� the City of Lyhwood � Guidel;nes for the implementation of the California Environrnental Quality Act, the I I Department of Development Services, Planning Division of the City of Lynwood analyzed the project and determined that the project will not have a significant impact on the environment. Based on this finding, the Department prepared and hereby filed this NEGATIVE DECLARATION. A period of thirty (30) calendar days from the date of filing of this NEGATIVE DECLARATION was provided to enable public review of the project specifications and this document prior to action on the project by the City of Lynwood. A copy of the project specificatio�s is on file in the offices of the Department of Development Services, Planning Division, City Hall Annex, 11330 Bullis Road, Lynwood, California, 90262 (310) 603-0220, Extension 255. It is the finding of the Ciiy of Lynwood that the project will not have a significant efFect on the environment. The Conditions of Approval set forth by the Planning Commission would ensure compiiance with local, state and federal laws. The above finding is based on the following: A. The site of the proposed project is adequate in size and shape to accommodate a commercial/retail project, consisting of retail space. B. The proposed project, as conditioned, wil� ensure compliance with local, state and federal law. Conditions of approval have been made a part of the conditional use permit and will be implemented and monitored. C. The proposed project wili not have a negative impact on the value of the surrounding properties or interfere with or endanger the health, safety or weifare or persons residing or working in the vicinity. D. The granting of the conditianal use permit will not adversely affact the comprehensive General Plan. The Lyn�vood General Plan and Land Use Map are consistent with the project. The project will compiy with goais and pol+cies in the Land Use znd Ho��sing Elements of the General Pfan. E. The iocation of the project and conditions under which the residences �NOUId operate are in accord with the r�quirements of the Zoning Ordinance and Ehe purpose of the zone in Hahich the site is located. F. The location of the project and the conditions under which it will be operated and maintained wiill nok be detrimentai to the public heaikh, safety, or weifare, or materia injurious to properties or improvements in the vicinity, I This Document, the Notice of Determination and Initial Study are being filed in duplicate. Prepared and filed by: The Department of Development Services, Planning Division BY: r � �'�G� �IG�C�� J� Colin, Director of Development Services DATE: ��� c J�a/ � II � I RESOLUTION NO. 3265 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2010-04, TO CONSTRUCT A SUPERMARKET WITH FORTY THREE (43) PARKING STALLS ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF LONG BEACH BOULEVARD AND PLUMA STREET, ASSESSOR PARCEL NUMBER 6170-034-017, 6170-034-018, 6170-034-023, 6170-034-025, 6170- 034-026, 6170-034-029,6170-034-030 AND 6170- 034-900, IN THE C-2A (MEDIUM COMMERCIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on August 9, 2011 conducted a public hearing; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on November 9, 2010 conducted a public hearing on the application and continued the public hearing; and WHEREAS, the Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, on November 3, 2010 the Design Review Board and Parking and Improvement District Board recommended approval of the project to construct a supermarket, and; � WHEREAS, on October 27, 2010 the Site Plan Review Committee recommended approval of the project to construct a supermarket, and; WHEREAS, the Development Services Department has conducted an Initial Study, included conditions of approval, determined that the proposal will not have significant impacts on the environment, and prepared a Negative Declaration consistent with the California Environmental Quality Act (CEQA) Guidelines; and therefore Section 1. The Lynwood Planning Commission hereby finds and determines as follows: A. That the proposed Conditional Use is consistent with the General Plan. The General Plan Designation for the subject properry is Commercial that is consistent with the C-2A zoning designation. The proposed project to construct a supermarket is a conditionally allowed use and is consistent with General Plan I I Section 4.2.3. The project is consistent with the General Plan policies and goals in the Land Use Element, and the Long Beach Boulevard Specific Plan in that the project would serve the needs of those living, working, and visiting Lynwood by providing a range of commercial opportunities (General Plan Goal LU-2), enhances the employment base of Lynwood (General Plan Goal LU-3), and encourages a combination of commercial and residential uses within a specific area to create a vibrant village atmosphere (General Plan Goal LU-6). B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building, or structures; The project would be consistent with the C-2A zone pertaining to commercial use and would satisfy all development standards to include but not be limited to setbacks, building height, landscaping and parking. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The site is appropriate in size to house the proposed new structure consistent with the C-ZA zone. The site is 44,466 square feet and the building will be 10,581 square feet, with 43 parking stalls and adequate driveways for ingress and egress to and from the site. D. That the proposed conditional use complies with all applicable development standards of the zoning district; and The project would comply with all development standards set forth in Article 25 of the Lynwood Municipal Code. No variances are necessary. E. That the proposed conditional use observes the spirit and intent of this 2oning Code. The project would comply with all development standards set forth in the Lynwood Zoning Code. Section 2. The Lynwood Planning Commission hereby approves Conditional Use Permit No. 2010-04, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use must be acted upon within one year. The Conditional Use Permit shall become null and void 365 days from the date of approval if not acted on within this period. One extension of 1 year may 2 be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Development Services Department. 2. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. 3. The project shall be developed in accordance with the plans approved by the Lynwood Planning Commission and on file in the Development service Department, Planning Division. 4. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 5. The property owner or his/her representative, shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to submission to the Building and Safety Division for plan check. 6. Conditions of approval shall be printed on plans (cover sheet) prior to submission to the Building and Safety Division for plan check. 7. Prior to obtaining a final from the Building Division, applicant/property owner shall obtain final signatures from other departments (i.e. Fire Department, Planning, and Public Works/Engi�eer Department) 8. All appeals must be brought within ten (10) working days of the date of the final actio� by the Planning Commission. An appeal will be scheduled for public hearing before the City of Lynwood's City Council. Persons filing the appeal must submit application and pay a fee of $920.26. PIANNING DIVISION 9. Per Lynwood Municipal Code section 25-65-7 (B) the minimum size of a standard parking space shall be nine feet (9') wide and twenty feet (20') long. The minimum size of a handicapped parking space shall be as directed by Title 24 of the California Code of Regulations. 10. Forty three (43) parking stalls shall be provided. 3 11. The applicant shall submit to the Planning Division a detailed shopping cart containment plan. The plan shall be maintained and managed on-site in order to increase shopping cart retrievals by Applicant. 12. Landscaping shall be a minimum of seven (7%) of the lot area. Such landscaping shall include a permanent irrigation system. 13. Landscaping and irrigation shall be installed in accordance with a detailed Landscaping Plan to be submitted and approved by the Planning Division prior to the issuance of any building permits. 14. The required front, rear, and side yards shall be landscaped and shall consist predominantly of plants/vegetation. 15. A six foot high solid and sight obscuring block fence with decorative trellis and i landscape shall be installed on the east side of the property, adjacent to residential i uses. 16. No fence or wall shall be constructed until a permit is obtained from the Planning Division. Block walis require a building permit. 17. Structures shall consist of non-reflective materials to include brick, stucco, wood, metal, concrete, or other similar materials. 18. The roof shall be constructed with a non-reflective material of concrete tile, Spanish tile, ARC 80 or equivalent subject to review by the Planning Commission. 19. All driveways shall be permanently paved, maintained and remain clear and accessible for vehicle access at all times. 20. Acoustical construction materials shail be used throughout the units to mitigate e�erior noise to the standards and satisfaction of the Buiiding and Safety Division. 21. Air conditioners, heating, cooling ventilation equipment, and heaters and all other mechanical devices shall be located within the rear yard or side yards and shall meet required setbacks. Such .equipment shall be screened from surrounding properties and streets and operated so that they do not disturb the peace, quiet and comfort of the neighboring residents, in accordance with the City's Noise Ordinance. 22. The property owner shall maintain a pro-active approach to the elimination of graffiti from the structures, fences and accessory buildings, on a daily basis. Graffiti shall be removed within twenty-four (24) hours. 4 23. All structures shall consist of neutral or earth tone colors reviewed and approved by the Planning Commission. Trim and architectural features may consist of bright colors. Any proposed subsequent modification of the subject color scheme shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 24. Prior to pian check developer/property owner shall submit color sample as approved by the Planning Commission and obtain paint permit from the Pianning Division. 25. A written request for new address shall be submitted to the Planning Division prior to plan check. 26. Address number shall be maintained at all times. Such address numbers shall be subject to approval of the Los Angeles County Fire Department. 27. The applicant shall provide e�erior lighting on the property and structures and identify location and intensity of such lights on the site plan prior to submittal for building plan check. 28. The applicant shall provide a security plan identifying security measures to include but not limited to cameras, alarms, officers, locks, etc. 29. Prior to the installation of signs, the applicant or tenant shall submit detailed plans and obtain applicable permits. 30. Business owner or tenants may not install flashing signs, roof signs, portabie signs, including A-frames and sandwich boards. Business owner may not paint any wall signs, place inflatable signs, balloons or flags, and may not place any sings in the public right of way. Sings shall not be installed on trees, light poles, fences or landscaping features. 31. Outside storage or display of inerchandize is not allowed. 32. The trash enclosure shali be maintained and rubbish disposed of to address the needs of the tenants. Decorative trellis shall be installed around trash enclosure. 33. The property shali be maintained in a neat, clean and orderly manner at all times. 34. Solid waste shall be contracted from the City approved contractor. Water services shall be obtained from the City of Lynwood. 5 35. All contractors working on the project must have current business license issued by the City of Lynwood. 36. This project is subject to the Ciry of Lynwood's Development Impact and Art Fees. City of Lynwood Ordinance No 1575. BUILDING AND SAFETY DIVISION 37. All construction shall meet or exceed the minimum building standards that are referenced to in the following codes: • The California Building Code — 2010 edition; . The California Plumbing Code — 2010 edition; . The California Mechanical Code — 2010 edition; • The Los Angeles County Fire Code — 2010 edition; • The National Electric Code — 2010 edition; All as amended by the California Building Code of 2010. In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. Applicant/property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION 38. Submission and recordation of a parcel map is required. Certificated of Occupancy will not be issued prior to the recordation of a subdivision map. 39. Submit a copy of a property deed or recent title report to the Department of Public Works/Engineering Division. 40. Provide an irrevocable offer of dedication for eight (8) foot wide strip along Pluma Street (6170-034-026 (10� and 6170-034-029 (2�) 41. Provide an irrevocable offer of dedication for sufficient property to accommodate a radius at corner of Pluma Street and Long Beach Boulevard and Long Beach Boulevard and Norton Avenue. 42. Submit a grading plan prepared and signed by a registered Civil Engineer. Gradi�g plan will be checked by the Department of Environmental Services/Engineering Division. No building permits will be issued prior to the approval of the grading 6 plan by the city Engineer (see Engineering Division for standard plan requirements). 43. Reconstruct damaged curb and gutter, along Norton Avenue. 44. Reconstruct full width sidewalk, along Long Beach Boulevard, Pluma Street and Norton Avenue. 45. Close existing drive approach and construct proposed drive approach(es) per APWA standards. 46. Construct two (2) wheelchair ramp(s) at Southwest corner of Pluma Street and Long Beach Boulevard and Northwest corner of Norton Avenue and Long Beach Boulevard. 47. Reconstruct damaged pavement along Pluma Street and Norton Avenue. 48. Construct ten (10) foot wide planter to separate the sidewalk from the parking lot. 49. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six (6) inch. When connecting to an existing lateral, a City approved contractor shall verify the size of such laterai and shall provide proof of its integrity by providing a videotape of the lateral to the Department of Pubiic Works/Engineering Division. Videotaping and verification of sewer later size and conditions must be done in the presence of city engineer/inspector. Any and all existing sewer laterals less than six inches (6") in diameter shall be abandoned at the property line per City instructions. 50. Root prune four (4) existing street tree(s) and install root barriers. 51. Construct tree well covers per APWA standards for existing and proposed street trees. 52. Underground all new utilities. 53. A permit from the Engineering Division is required for all off-site improvements. 54. All required water meters, meter service changes and/or fire protection lines shall be installed by the developer. Each building shall be conneded separately. The work shall be performed by a license contractor hired by the developer. The contractor must obtain a permit from the Department of Environmental Services/Engineering Division prior to performing any work. Any and all existing 7 water service lines less than one inch (1'� in diameter shall be abandoned at the water main line per City instructions. Each building/tenant shall have its own water service/meter. This area is serviced by Park Water Co. 55. This development is subject to the City's Standard Urban Stormwater Mitigation Plan Ordinance (SUSMP). Pursuant to section 14.13 of the City for Lynwood Municipal Code relating to the control of pollutants carried by storm water runoff, structural and/or treatment control best management practices (BMP's); a maintenance agreement for the Standard Urban Stormwater Mitigation Plan (SUSMP) shall be signed by the owner(s) and submitted to the Department of Public Works/Engineering Division. 56. Developer shall provide the City of Lynwood with sufficient funds to cover their share of pavement improvements on Long Beach Boulevard, from westerly edge of gutter to the center line, from the center line of Pluma Street to the center line of Norton Avenue, City of Lynwood will provide the cost estimate. 57. No final sign off shall be given until all conditions of approval from the Public Works Department has been completed. LOS ANGELES COUNTY FIRE DEPARTMENT 58. Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 59. The required fire flow for public fire hydrants at this location is 2,250 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. 2 hydrant(s) flowing simultaneously may be used to achieve the required fire flow. 60. Additional water system requirements may be required when this land is further subdivided and/or during the building permit process. 61. Two (2) architectural set of plans shall be submitted and stamped by the Fire Department. Approved Fire Department plans shall be attached to full set before submitting to pian check. 62. The applicant shall comply with all code requirements and conditions set forth by the Los Angeles Counry Fire Department, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040, or contact them at (323) 890-4243. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. 8 Section 3. A copy of Resolution No. 3265 and its conditions shall be delivered to the applicant. APPROVED AND ADOPTED this 9 th day of August, 2011, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: ]onathan Colin, Director Pam Lee, City Attorney Development Services Department City of Lynwood 9 RESOLUTION No.3266 A RESOWTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE CITY OF LYNWOOD OF ZONE CHANGE NO. 2010-01, CHANGING THE ZONING DESIGNATION FROM R- 3 (MULTI-FAMILY RESIDENTIAL) TO C-2A (MEDIUM COMMERCIAL) TO CONSTRUCT A SUPERMARKET WITH FORTY THREE (43) PARKING STALLS ON PROPERTY LOCATED AT NORTHWEST CORNER OF LONG BEACH BOULEVARD AND PLUMA STREET, ASSESSOR PARCEL NUMBER 6170-034-018, 6170-034-023, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on August 9, 2011 conducted a public hearing; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on November 9, 2010 conducted a public hearing on the application and continued the public hearing; and WHEREAS, the Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, on November 3, 2010 the Design Review Board and Parking and Improvement District Board recommended approval of the project to construct a supermarket, and; WHEREAS, on October 27, 2010 the Site Plan Review Committee recommended approval of the project to construct a supermarket, and; WHEREAS, the Lynwood Planning Commission has determined that a C-2A (Medium Commercial) zoning designation for the subject property would be consistent with the Lynwood General Plan and would be an appropriate zone for the location and development; and WHEREAS, the Development Services Department has determined that the project will not have significant impacts on the environment. An Initial Study was performed, conditions were incorporated, and a Negative Declaration was prepared pursuant to the California Environmental Quality Act (CEQA) Guidelines. 1 Section 1. The Lynwood Planning Commission hereby finds and determines as follows: A. A C-2A (Medium Commercial) zoning designation of the subject property would be consistent with the Lynwood General Plan Land Use Map. B. The C-2A (Medium Commercial) zoning designation is consistent with existing developments in the vicinity. C. The C-2A (Medium Commercial) zoning is consistent with goals and policies set forth in the Lynwood General Plan Land Use, Zoning Code and Economic Development Elements. The new designation would serve the needs of those living, working, and visiting Lynwood by providing a range of commercial opportunities (General Plan Goal LU-2), enhances the employment base of Lynwood (General Plan Goal LU-3), and encourages a combination of commercial and residentiai uses within a specific area to create a vibrant village atmosphere (General Plan Goal LU-6). D. The C-2A (Medium Commercial) zoning designation will not be detrimental to the properties surrounding the site and would not negatively impact the public health, safety, or welfare or properties in the vicinity. Section 2. The Lynwood Planning Commission , based upon the aforementioned findings and determinations, recommends that the City Council of the City of Lynwood approve Zone Change No. 2010-01, subject to all conditions, restrictions and limitations set forth as follows: CONDYTYOiVS OF APPROVAL DEVELOPMENT SERVICE DEPARTMENT 1. The conditional use must be acted upon within one year. The Conditional Use Permit shall become null and void 365 days from the date of approval if not acted on within this period. One extension of 1 year may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Development Services Department. 2. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. z 3. The project shall be developed and maintained in accordance with plans approved by the Site Plan Review Committee on October 27, 2010, on file in the Development Services Department, Planning Division. 4. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 5. The property owner or his/her representative, shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to submission to the Building and Safety Division for plan check. 6. Conditions of approval shall be printed on plans (cover sheet) prior to submission to the Building and Safety Division for plan check. 7. Prior to obtaining a final from the Building Division, applicant/property owner shall obtain final signatures from other departments (i.e. Fire Department, Planning, and Public Works/Engineer Department) 8. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission. An appeal will be scheduled for public hearing before the City of Lynwood's City Council. Persons filing the appeal must submit application and pay a fee of $920.26. PLANNING DIVISION 9. Per Lynwood Municipal Code section 25-65-7 (B) the minimum size of a standard parking space shall be nine feet (9� wide and twenty feet (20') long. The minimum size of a handicapped parking space shall be as directed by Title 24 of the California Code of Regulations. 10. Forty three (43) parking stalls shall be provided. 11. The applicant shall submit to the Planning Division a detailed shopping cart containment plan. The plan shall be maintained and managed on-site in order to increase shopping cart retrievals by Applicant. 12. Landscaping shall be a minimum of seven (7%) of the lot area. Such landscaping shall include a permanent irrigation system. 13. Landscaping and irrigation shall be installed in accordance with a detailed Landscaping Plan to be submitted and approved by the Planning Division prior to the issuance of any building permits. 3 14. The required front, rear, and side yards shall be landscaped and shall consist predominantly of plants/vegetation. 15. A six foot high solid and sight obscuring block fence with decorative trellis and landscape shali be installed on the east side of the property, adjacent to residential uses. 16. No fence or wall shail be constructed until a permit is obtained from the Planning Division. Block walls require a building permit. 17. Structures shall consist of non-reflective materials to include brick, stucco, wood, metal, concrete, or other similar materiais. 18. The roof shall be constructed with a non-reflective material of concrete tile, Spanish tile, ARC 80 or equivalent subject to review by the Planning Commission. 19. All driveways shall be permanently paved, maintained and remain clear and accessible for vehicle access at all times. 20. Acoustical construction materials shall be used throughout the units to mitigate e�erior noise to the standards and satisfaction of the Building and Safety Division. 21. Air conditioners, heating, cooling ventilation equipment, and heaters and all other mechanical devices shail be located within the rear yard or side yards and shall meet required setbacks. Such equipment shall be screened from surrounding properties and streets and operated so that they do not disturb the peace, quiet and comfort of the neighboring residents, in accordance with the City's Noise Ordinance. 22. The property owner shall maintain a pro-active approach to the elimination of graffiti from the structures, fences and accessory buildings, on a daily basis. Graffiti shall be removed within twenty-four (24) hours. 23. All structures shall consist of neutral or earth tone colors reviewed and approved by the Planning Commission. Trim and architectural features may consist of bright colors. Any proposed subsequent modification of the subject color scheme shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 24. Prior to plan check developer/property owner shall submit color sample as approved by the Planning Commission and obtain paint permit from the Planning Division. 4 25. A written request for new address shall be submitted to the Planning Division prior to plan check. 26. Address number shall be maintained at all times. Such address numbers shall be subject to approval of the Los Angeles County Fire Department. 27. The applicant shall provide e�erior lighting on the property and structures and identify location and intensity of such lights on the site plan prior to submittal for building plan check. Z8. The applicant shall provide a security plan identifying security measures to include but not limited to cameras, alarms, officers, locks, etc. 29. Prior to the installation of signs, the applicant or tenant shall submit detailed plans and obtain applicable permits. 30. Business owner or tenants may not install flashing signs, roof signs, portable signs, including A-frames and sandwich boards. Business owner may not paint any wall signs, place inflatable signs, balloons or flags, and may not place any sings in the public right of way. Sings shall not be installed on trees, light poles, fences or landscaping features. 31. Outside storage or display of inerchandize is not allowed. 32. The trash enclosure shall be maintained and rubbish disposed of to address the needs of the tenants. Decorative trellis shall be installed around trash enclosure. 33. The property shall be maintained in a neat, clean and orderly manner at all times. 34. Solid waste shall be contracted from the City approved contractor. Water services I , shall be obtained from the City of Lynwood. 35. All contractors working on the project must have current business license issued by the City of Lynwood. 36. This project is subject to the City of Lynwood's Development Impact and Art Fees. City of Lynwood Ordinance No 1575. � BUILDING AND SAFETY DIVISION 37. All construction shall meet or exceed the minimum building standards that are referenced to in the following codes: 5 I I � • The California Building Code — 2010 edition; • The California Plumbing Code — 2010 edition; . The California Mechanical Code — 2010 edition; . The Los Angeles County Fire Code — 2010 edition; • The National Electric Code — 2010 edition; All as amended by the California Building Code of 2010. In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. Applicant/property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION 38. Submission and recordation of a parcel map is required. Certificated of Occupancy will not be issued prior to the recordation of a subdivision map. 39. Submit a copy of a property deed or recent title report to the Department of Public Works/Engineering Division. 40. Provide an irrevocable offer of dedication for eight (8) foot wide strip along Pluma Street (6170-034-026 (10� and 6170-034-029 (2')) 41. Provide an irrevocable offer of dedication for sufficient property to accommodate a radius at corner of Pluma Street and Long Beach Boulevard and Long Beach , Boulevard and Norton Avenue. 42. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by the Department of Environmental Services/Engineering Division. No building permits will be issued prior to the approval of the grading plan by the city Engineer (see Engineering Division for standard plan requirements). I 43. Reconstruct damaged curb and gutter, along Norton Avenue. � 44. Reconstruct full width sidewalk, along Long Beach Boulevard, Pluma Street and ' Norton Avenue. 45. Close existing drive approach and construct proposed drive approach(es) per APWA standards. 6 � I � 46. Construct two (2) wheelchair ramp(s) at Southwest corner of Pluma Street and Long Beach Boulevard and Northwest corner of Norton Avenue and Long Beach Boulevard. 47. Reconstruct damaged pavement along Pluma Street and Norton Avenue. 48. Construct ten (10) foot wide planter to separate the sidewalk from the parking lot. 49. Connect to public sewer. Each building shall be connected separately, Construct laterals as necessary. Minimum size required is six (6) inch. When connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integriry by providing a videotape of the lateral to the ' Department of Public Works/Engineering Division. Videotaping and verification of sewer later size and conditions must be done in the presence of city engineer/inspector. Any and all existing sewer laterals less than six inches (6") in diameter shall be abandoned at the property line per City instructions. 50. Root prune four (4) existing street tree(s) and install root barriers. 51. Construct tree well covers per APWA standards for existing and proposed street trees. 52. Underground all new utilities. 53. A permit from the Engineering Division is required for all off-site � improvements. ' 54. All required water meters, meter service changes and/or fire protection lines shall � be installed try the developer. Each building shall be connected separately. The , work shall be performed by a license contractor hired by the developer. The � contractor must obtain a permit from the Department of Environmental i Services/Engineering Division prior to performing any work. Any and all existing � water service lines less than one inch (1") in diameter shall be abandoned at the ; water main line per City instructions. Each building/tenant shall have its own water i service/meter. This area is serviced by Park Water Co. i 55. This development is subject to the City's Standard Urban Stormwater Mitigation � Plan Ordinance (SUSMP). I Pursuant to section 14.13 of the City for Lynwood Municipal Code relating to the ; control of pollutants carried by storm water runoff, structural and/or treatment ; control best management practices (BMP's); a maintenance agreement for the ' 7 � Standard Urban Stormwater Mitigation Plan (SUSMP) shall be signed by the owner(s) and submitted to the Department of Public Works/Engineering Division. 56. Developer shall provide the City of Lynwood with sufficient funds to cover their share of pavement improvements on Long Beach Boulevard, from westerly edge of gutter to the center line, from the center line of Pluma Street to the center line of Norton Avenue, City of Lynwood will provide the cost estimate. 57. No final sign off shall be given until all conditions of approval from the Public Works Department has been completed. LOS ANGELES COUNTY FIRE DEPARTMENT 58. Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 59. The required fire flow for public fire hydrants at this location is 2,250 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. 2 hydrant(s) Flowing simultaneously may be used to achieve the required fire flow. 60. Additional water system requirements may be required when this land is further subdivided and/or during the building permit process. ' 61. Two (2) architectural set of pians shall be submitted and stamped by the Fire ' Department. Approved Fire Department plans shall be attached to full set before submitting to plan check. 62. The applicant shali comply with all code requirements and conditions set forth by � the Los Angeles County Fire Department, Fire Prevention Division, 5823 � Rickenbacker Road, Commerce, CA 90040, or contact them at (323) 890-4243. Final approvals from the Los Angeles County Fire Department must be ; obtained prior to issuance of any building permits. � Section 3. Pursuant to the California Environmental Quality Act (CEQA), the Public � Works Department prepared a Negative Declaration for the project to construct a supermarket, which demonstrated that the project would not have a significant impact � on the environment. , APPROVED AND ADOPTED this 9 day of August, 2011, by members of the Planning Commission, voting as fo�lows: 8 � � AYES NOES: ABSENT: � �ABSTAIN: Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Jonathan Colin, Director Pam Lee, City Attorney Development Services Department City of Lynwood � � � �� 9 RESOLUTION No.3267 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE CITY OF LYNWOOD OF GENERAL PLAN AMENDMENT NO. 2010-01, CHANGING THE DESIGNATION FROM RESIDENTIAL TO COMMERCIAL TO CONSTRUCT A SUPERMARKET WITH FORTY THREE (43) PARKING STALlS ON PROPERTY LOCATED AT NORTHWEST CORNER OF LONG BEACH BOULEVARD AND PLUMA STREET, ASSESSOR PARCEL NUMBER 6170-034-018, 6170-034-023, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on August 9, 2011 conducted a public hearing; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on November 9, 2010 conducted a public hearing on the application and continued the public hearing; and WHEREAS, the Planning Commission considered ail orai and written testimony offered at the public hearing; and WHEREAS, on November 3, 2010 the Design Review Board and Parking and Improvement District Board recommended approval of the project to construct a supermarket, and; WHEREAS, on October 27, 2010 the Site Plan Review Committee recommended approval of the project to construct a supermarket, and; WHEREAS, the Lynwood Planning Commission has determined that a Commercial i Genera! Plan designation for the subject property would be consistent with the Lynwood I, General Plan and would be an appropriate zone for the location and development; and � WHEREAS, the Development Services Department has determined that the '� project will not have significant impacts on the environment. An Initial Study was � performed, conditions were incorporated, and a Negative Declaration was prepared � pursuant to the California Environmental Quality Act (CEQA) Guidelines. � � t ; Section 1. The Lynwood Planning Commission hereby finds and determines as follows: A. The Commercial General Plan designation of the subject property would be consistent with the Lynwood General Plan Land Use Map. B. The Commercial General Plan designation is consistent with existing developments in the vicinity. C. The Commercial General Plan designation of the subject property is in the public interest and there will be a community benefit resulting from the amendment. The proposed project to construct a supermarket provides easier access to fresh produce, prepared goods, and other food items within walking distance from many residences. D. The Commercial General Plan designation is consistent with goals and policies set forth in the Lynwood General Plan Land Use, Zoning Code and Economic Development Elements. The new designation would serve the needs of those living, working, and visiting Lynwood by providing a range of commercial opportunities (General Plan Goal LU-2), enhances the employment base of Lynwood (General Plan Goal LU-3), and encourages a combination of commercial and residential uses within a specific area to create a vibrant village atmosphere (General Plan Goal LU-6). E. The Commercial General Plan designation does not conflict with the provisions of the Zoning Code, subdivision regulations, or any appiicable specific plan. F. The Commercial designation wili not be detrimental to the properties surrounding the site and would not negatively impact the public health, safery, or welfare or properties in the vicinity. Section 2. The Lynwood Planning Commission, based upon the aforementioned findings and determinations, recommends that the City Council of the City of Lynwood approve General Plan Amendment No. 2010-01, subject to all conditions, restrictions and limitations set forth as foliows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use must be acted upon within one year. The Conditional I Use Permit shall become null and void 365 days from the date of � 2 ; approval if not acted on within this period. One e�ctension of i year may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Development Services Department. 2. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the Califomia Building Code, the Los Angeles County Fire Code and all other City Departments. 3. The project shall be developed in accordance with the plans approved by the Lynwood Planning Commission and on file in the Development service Department, Planning Division. 4. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications. - 5. The property owner or his/her representative, shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to submission to the Building and Safety Division for plan check. 6. Conditions of approval shall be printed on plans (cover sheet) prior to submission to the Building and Safety Division for plan check. 7. Prior to obtaining a final from the Building Division, applicant/property owner shall obtain final signatures from other departments (i.e. Fire Department, Planning, and Public Works/Engineer Department) 8. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission. An appeal will be scheduled for public hearing before the City of Lynwood's City Council. Persons filing the appeal must submit application and pay a fee of $920.26. PLANNING DIVISION 9. Per Lynwood Municipal Code section 25-65-7 (B) the minimum size of a standard parking space shall be nine feet (9') wide and twenty feet (20� long. The minimum ` size of a handicapped parking space shall be as directed by Title 24 of the California Code of Regulations. 10. Forty three (43) parking stalls shall be provided. 3 I 11. The applicant shall submit to the Planning Division a detailed shopping cart containment plan. The plan shall be maintained and managed on-site in order to increase shopping cart retrievals by Applicant. 12. Landscaping shall be a minimum of seven (7%) of the lot area. Such landscaping shall include a permanent irrigation system. , 13, Landscaping and irrigation shali be instaRed in accordance with a detailed Landscaping Plan to be submitted and approved by the Planning Division prior to the issuance of any building permits. 14. Tlie required front, rear, and side yards shall be landscaped and shall consist predominantly of plants/vegetation. 15. A six foot high solid and sight obscuring block fence with decorative treliis and landscape shali be installed on the east side of the property, adjacent to residential uses. 16. No fence or wall shall be constructed until a permit is obtained from the Planning Division. Block wails require a building permit. 17. Structures shali consist of non-reflective materials to include brick, stucco, wood, metal, concrete, or other similar materials. 18. The roof shall be constructed with a non-reflective material of concrete tile, Spanish tile, ARC 80 or equivalent subject to review by the Pianning Commission. 19. All driveways shall be permanently paved, maintained and remain clear and accessible for vehicle access at all times. 20. Acoustical construction materials shall be used throughout the units to mitigate exterior noise to the standards and satisfaction of the Building and Safety Division. 21. Air conditioners, heating, cooling ventilation equipment, and heaters and all other mechanical devices shall be located within the rear yard or side yards and shall meet required setbacks. Such equipment shall be screened from surrounding properties and streets and operated so that they do not disturb the peace, quiet and comfort of the neighboring residents, in accordance with the City's Noise Ordinance. 22. The property owner shall maintain a pro-active approach to the elimination of graffiti from the structures, fences and accessory buildings, on a daily basis. 4 Graffiti shall be removed within twenry-four (24} hours hours of appearance or notice thereof, whichever is earlier. 23. All structures shall consist of neutral or earth tone colors reviewed and approved by the Planning Commission. Trim and architectural features may consist of bright colors. Any proposed subsequent modification of the subject color scheme shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 24. Prior to pian check developer/property owner shall submit color sample as approved by the Planning Commission and obtain paint permit from the Planning Division. 25. A written request for new address shall be submitted to the Planning Division prior to plan check. 26. Address number shali be maintained at all times. Such address numbers shall be subject to approval of the Los Angeles County Fire Depactment. 27. The applicant shall provide e�erior lighting on the property and structures and identify location and intensity of such lights on the site plan prior to submittal for buiiding plan check. 28. The applicant shall provide a security plan identifying security measures to include but not limited to cameras, alarms, officers, locks, etc. 29. Prior to the installation of signs, the applicant or tenant shall submit detailed plans and obtain applicable permits. 30. Business owner or tenants may not install flashing signs, roof signs, portable signs, including A-frames and sandwich boards. Business owner may not paint any wall signs, place inflatable signs, balioons or flags, and may not place any sings in the public right of way. Sings shall not be installed on trees, light poles, fences or landscaping features. 31. Outside storage or display of inerchandize is not allowed. 32. The trash enclosure shall be maintained and rubbish disposed of to address the needs of the tenants. Decorative trellis shall be installed around trash enclosure. 33. The properry shall be maintained in a neat, clean and orderly manner at all times. 5 34. Solid waste shall be contracted from the City approved contractor. Water services shall be obtained from the City of Lynwood. 35. All contractors working on the project must have current business license issued by the Ciry of Lynwood. 36. This project is subject to the City of Lynwood's Development Impact and Art Fees. Ciry of Lynwood Ordinance No 1575. BUILDING AND SAFETY DIVISION 37. All construction shall meet or exceed the minimum building standards that are referenced to in the following codes: . The Califomia Building Code — 2010 edition; • The California Plumbing Code — 2010 edition; • The California Mechanical Code — 2010 edition; . The Los Angeles County Fire Code — 2010 edition; . The National Electric Code — 2010 edition; All as amended by the California Buiiding Code of 2010. In cases where the provisions of the Califomia Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shali govern. Applicant/property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION 38. Submission and recordation of a parcel map is required. Certificated of Occupancy will not be issued prior to the recordation of a subdivision map. 39. Submit a copy of a property deed or recent title report to the Department of Public Works/Engineering Division. 40. Provide an irrevocable ofFer of dedication for eight (8) foot wide strip along Pluma Street(6170-034-026(10� and 6170-034-029 (2�) 41. Provide an irrevocable offer of dedication for sufficient property to accommodate a radius at corner of Pluma Street and Long Beach Boulevard and Long Beach Boulevard and Norton Avenue. 6 42. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by the Department of Environmental Services/Engineering Division. No building permits will be issued prior to the approval of the grading plan by the city Engineer (see Engineering Division for standard plan requirements). 43. Reconstruct damaged curb and gutter, along Norton Avenue. • 44. Reconstruct full width sidewalk, along Long Beach Boulevard, Pluma Street and Norton Avenue. 45. Close existing drive approach and construct proposed drive approach(es) per APWA standards. 46. Construct two (2) wheelchair ramp(s) at Southwest corner of Pluma Street and Long Beach Boulevard and Northwest corner of Norton Avenue and Long Beach Boulevard. 47. Reconstruct damaged pavement along Piuma Street and Norton Avenue. 48. Construct ten (10) foot wide planter to separate the sidewalk from the parking lot. 49. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six (6) inch. When connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integriry by providing a videotape of the lateral to the Department of Public Works/Engineering Division. Videotaping and verification of sewer later size and conditions must be done in the presence of city engineer/inspector. Any and all existing sewer laterals less than six inches (6") in diameter shall be abandoned at the property line per Ciry instructions. 50. Root prune four (4) existing street tree(s) and install root barriers. 51. Construct tree well covers per APWA standards for existing and proposed street trees. 52. Underground all new utilities. 53. A permit from the Engineering Division is required for all off-site improvements. 7 54. Ali required water meters, meter service changes and/or fire protection lines shall be installed by the developer. Each building shall be connected separately. The work shall be performed by a license contractor hired by the developer. The contractor must obtain a permit from the Department of Environmental Services/Engineering Division prior to performing any work. Any and all existing water service lines less than one inch (1'� in diameter shall be abandoned at the water main line per City instructions. Each building/tenant shall have its own water service/meter. This area is serviced by Park Water Co. 55. This development is subject to the City's Standard Urban Stormwater Mitigation Plan Ordinance (SUSMP). Pursuant to section 14.13 of the City for Lynwood Municipal Code relating to the control of pollutants carried by storm water runoff, structural and/or treatment control best management practices (BMP's); a maintenance agreement for the Standard Urban Stormwater Mitigation Plan (SUSMP) shall be signed by the owner(s) and submitted to the Department of Public Works/Engineering Division. 56. Developer shall provide the City of Lynwood with sufficient funds to cover their share of pavement improvements on Long Beach Boulevard, from westerly edge of gutter to the center line, from the center line of Pluma Street to the center line of Norton Avenue, City of Lynwood will provide the cost estimate. 57. No final sign off shall be given until all conditions of approval from the Public Works Department has been completed. LOS ANGELES COUNTY FIRE DEPARTMENT 58. Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 59. The required fire flow for public fire hydrants at this location is 2,250 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. 2 hydrant(s) flowing simultaneously may be used to achieve the required fire flow. 60. Additional water system requirements may be required when this land is further subdivided and/or during the building permit process. 61. Two (2) architectural set of plans shall be submitted and stamped by the Fire Department. Approved Fire Department plans shall be attached to full set before submitting to plan check. 8 62. The applicant shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040, or contact them at (3Z3) 890-4243. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. Section 3. Pursuant to the California Environmental Quality Act (CEQA), the Public Works Department prepared a Negative Declaration for the project to construct a supermarket, which demonstrated that the project would not have a significant impact on the environment. APPROVED AND ADOPTED this 9 th day of August, 2011, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Jonathan Colin, Director Pam Lee, City Attorney Development Services Department City of Lynwood 9 RESOLUTION No. 3268 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 2010-01 (71311) TO CONSOLIDATE EIGHT {8) PARCELS INTO ONE PARCEL TO ACCOMMODATE A SUPERMARKET WITH FORTY ' THREE (43) PARKING STALLS ON PROPERTY LOCATED AT NORTHWEST CORNER OF LONG BEACH BOULEVARD AND PLUMA STREET, ASSESSOR PARCEL NUMBER 6170-034-017, 6170-034-018, 6170-034- 023, 6170-034-025, 6170-034-026, 6170-034- 029,6170-034-030 AND 6170-034-900, IN THE C-2A (MEDIUM COMMERCIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on August 9, 2011 conducted a pubiic hearing; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on November 9, �010 conducted a public hearing on the application and continued the public hearing; and WHEREAS, the Planning Commission considered all testimony offered at the public hearing; and WHEREAS, on November 3, 2010 the Design Review Board and Parking and Improvement District Board recommended approval of the project to construct a supermarket, and; WHEREAS, on October 27, 2010 the Site Plan Review Committee recommended approval of the projectto construct a supermarket, and; WHEREAS, the Lynwood Planning Commission has determined that a C-2A (Medium Commercial) zoning designation for the subject property would be consistent with the Lynwood General Plan and would be an appropriate zone for the location and development; and WHEREAS, the Development Services Department has conducted an Initial Study, included conditions of approval, determined that the proposal will not have significant impacts on the environrnent, and prepared a Negative Declaration consistent with the California Environmental Quality Act (CEQA) Guidelines; and therefore 1 Section 1. The Lynwood Planning Commission hereby finds and determines as follows: A. The subdivision meets all the applicable requirements and conditions imposed by the State Subdivision Map Act (Government Code Section 66400 et seq.) and the Subdivision Regulation of the Lynwood Municipal Code Chapter 24. B. None of the conditions described in Govemment Code Section 66474 exists for the proposed subdivision, as follows: 1. The proposed subdivision of lots and design and improvement of the project are consistent with the applicable elements of the General Plan and the Officiai Zoning Ordinance of the City of Lynwood; 2. The site is physically suitable for the type and proposed density of the project; 3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or injury to fish or wildlife or their habitat; 4. The design of the proposed subdivision and improvements are not likely to cause serious public health problems; and 5. The design of the proposed subdivision and improvements will not conflict with easements for access through or use of the site. C. Proper and reasonable provisions have been made for adequate ingress and egress to the subdivided loks. Section 2. The Lynwood Planning Commission hereby approves the Tentative Parcel Map No. 2010-Oi (71311) to consolidate property located at the Northwest corner of Long Beach Boulevard and Pluma Street (APN 6170-034-017, 6170-034-018, 6170- 034-023, 6170-034-025, 6170-034-026, 6170-034-029,6170-034-030 and 6170-034- 900) from eight (8) lots to accommodate a supermarket with forty three (43) parking stalls subject to the following conditions: 2 CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The applicant shall meet the requirements of all other City Departments, including Planning, Building & Safety, Public Works, Code Enforcement and Fire, and as stated in Resolution No. 3265. 2. The applicant, or his representative, shail sign a Statement of Acceptance stating that he/she has read, understands, and agrees to the conditions imposed by the Planning Commission, before any building permits are issued. PLANNING DIVISION 3. Within twenty-four (24) months, after approval or conditional approval of the Tentative Parcel Map, the subdivide shall file with the City of Lynwood, a Final Parcel Map in substantial conformance with the Tentative Parcel Map as Conditional approval, and in conformance with the Subdivision Map Act and the Subdivision Regulations of the City of Lynwood. 4. No grading permit or building permit shall be issued prior to recordation of the Tentative Parcel Map or another appropriate instrument approved by the City of Lynwood, in conformance with the Subdivision Map Act of the State of California and the Subdivision Regulations of the City of Lynwood. 5. E�ension of the Tentative Parcel Map approval shall only be considered if the applicant or his/her representative, submits a written request for extension to the Development Services Department stating the reasons for the request, at least thirty (30) days before map approval is due to expire, pursuant to, and in compliance with, Section 25-18, of the subdivision regulations of the City of Lynwood. 6. All contractors and subcontractors shall obtain a City of Lynwood business license. 7. The property shall be maintained in a neat, clean and orderly manner at all times. 8. The property owner shall maintain a proactive approach to graffiti removal. Graffiti shall be removed within twenty-four (24) hours of appearance or notice thereof, whichever is earlier. 9. The property owner shall obtain approval from the Los Angeles County Fire _ Department prior to submittal for building plan check. The applicant shall provide documentation and stamped approved plans to the Development Services Department, Building & Safety Division. 3 PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION 10.A ten foot (10') utility easement for a private sewer lateral that traverses the site. The developer will need to determine the location of the sewer lateral and what properties are services by the lateral. 11.Install up to 3 manhole/cleanouts to service the sewer IateraL 12.A11 conditions of the State Map Act and the City's subdivision Ordinance must be met prior to recordation. All matters and improvements shali be consistent with the ordinances, standards, and procedures of the City's Development Standards, Engineering Procedures and Standards, Water Standards, and Planting Standards of the Department of Parks and Recreation. The Developer is responsible for checking with staff for clarification of these requirements. 13.Submit a Subdivision Guarantee to this office. The final map shall be based on a field survey. All surveying for the proposed development will be done by the Developer, including the establishment of centerline ties. Enclose with the final map the surveyor's enclosure sheets. 14.Developer shall pay all applicable development fees including drainage, sewer, water and parkway trees prior to issuance of any building permits. Pay Parcel/Tract Map checking fee prior to checking. Pay $ 100.00 monument checking fee prior to recordation. Deposit $ 50.00 with City Engineer to guarantee receipt by City of recorded, reproducibie mylar, parcel/tract map prior to recordation. Ail special assessments and utilities or sewer connection fees are to be paid prior to recording the final map. Ali requirements to the serving utilities to be met or guarantee prior to recording of the final map. 15.Grading and Draining A grading plan signed by a registered Civil Engineer shall be submitted for the approval of the Director of Public Works/City Engineer. The grading plan shall indude topography of all contiguous properties and streets and shall provide for the methods 4 of drainage in accordance with all applicable City standards. Retaining walls and other protective measures may be required. Off site drainage easements may be necessary. The structural section of all parking � areas shall be designed by a Civil Engineer based upon soils analysis supplied by a recognized and approved soils engineering firm. The structural section shall be approved by the Director of Public Works/Ciry Engineer. In the event that the design is not provided, the minimum structural section that will be approved by the Director of Public Works/Ciry Engineer would be 2 inches of asphalt on 4 inches on untreated rock base. Submit to this office a Geological/Soils Report signed by a Registered Soils Engineer. 16. Sewers The development shall be provided with public sewers. Connect to public sewer. Provide laterals as necessary. Design of all sanitary sewers shall be approved by the Director of Pubiic Works/City Engineer. All cost associated with the necessary public sewers shall be paid by the developer. 17. Water Systems The Developer shall construct a water system including water services, fire hydrants and appurtenances through the development as required by the Director of Public Works/City Engineer. The Developer shall submit a water system plan to the Los Angeles County Fire Department for fire hydrant locations. The Developer shall install and provide at his/her expense ali required water meters per City of Lynwood PlansJSpecs. The Developer shall install on-site water facilities including stubs for water and fire hydrants on interior and on boundary arteriais streets. All conditions of the Los Angeles County Fire Department must be met prior to recordation. 18. Public Easement and Right-of-Way. Where drainage, sewer and other such easement are required, the minimum easement width shall be ten (10) feet to facilitate maintenance unless otherwise approved by the Director of Public Works/Ciry Engineer. 5 19. Sidewalks Design configuration and locations shall be subject to the approval of the Director of Environmental Services/City Engineer, and the Director of Development Services Department. Ramps for physically handicapped persons shall be provided both on- site and off-side as required by State and Local regulations. 20.Dust Control and Pedestrian Safety Prior to the issuance of demolition or grading permits, the developer shall: Submit a plan indicating safety methods to be provided to maintain safe pedestrian ways around all areas of construction. This may require proper and adequate signs, fences, barricades, or other approved control devices as required by the Director of Environmental Services/City Engineer. 21. Public Improvements a. The Developer shall install all public improvements, as required by the Director of Public Works/City Engineer prior to issuance of any occupanc�permits for this development. Public Improvements shali include but are not limited to: i. Reconstruct damaged sidewalk along Long Beach Boulevard, Pluma Street and Norton Avenue. ii. Reconstruct damaged and substandard drive approach(es) per APWA • Standard plans. iii. Construct two (2) wheeichair ramp(s) at the southwest corner of Pluma Street and Long Beach Boulevard and Northwest corner of Norton Avenue and Long Beach Boulevard. iv. Reconstruct damaged pavement along Norton Avenue and Pluma Street. v. Construct ten (10) foot wide planter to separate the sidewalk from the parking lot. vi. Root Prune four (4) existing street tree(s). vii. Construct tree well covers per APWA standards for existing and proposed street trees. 22.This project may be subject to the City of Lynwood Construction and Demolition Ordinance. Determination shall be made upon submittal of the projects cost estimate to the Public Works Department. Building permits and/or demolition permits shall not be issued untii developer/project owner contact the Public Works Department. Proof of reciprocal mutual access agreement must be submitted to the Public Works Department. Said agreement shail be properly recorded with the County of Los Angeles. 6 LOS ANGELES COUNTY FIRE DEPARTMENT 23. Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 24.The required fire flow for public fire hydrants at this location is 2,250 gallons perminute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. 2 hydrant(s) Flowing simultaneously may be used to achieve the required fire flow. 25.Addifional water system requirements may be required when this land is furthersubdivided and/or during the building permit process. 26.Two (2) architectural set of plans shall be submitted and stamped by the Fire Department. Approved Fire Department plans shall be attached to full set before submitting to plan check. � 27.The applicant shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040, or contact them at (323) 890-4243. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. Section 3. Pursuant to the California Environmental Quality Act (CEQA), the Public Works Department prepared a Negative Declaration for the project to construct a supermarket, which demonstrated that the project would not have a significant impact on the environment. Section 4. A copy of Resolution No. 3268 and its conditions shall be delivered to the applicant. APPROVED AND ADOPTED this 9th day of August, 2011, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: . � Kenneth West, Chair Lynwood Planning Commission Jonathan Colin, Director Pam Lee, Agency Attorney Development Services Department Planning Commission Counsel R RESOLUTION NO. 3274 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2010-05 TO OBTAIN AN ALCOHOLIC BEVERAGE CONTROL LICENSE (TYPE 20) FOR THE OFF-PREMISE SALE OF BEER AND WINE AT A PROPOSED SUPERMARKET WITH FORTY THREE (43) PARKING STALLS ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF LONG BEACH BOUIEVARD AND PLUMA STREET, ASSESSOR PARCEL NUMBER 6170-034-017, 6170-034-018, 6170-034- 023, 6170-034-025, 6170-034-026, 6170-034- 029,6170-034-030 AND 6170-034-900, IN THE C-2A (MEDIUM COMMERCIAL) 20NE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. . WHEREAS, the Lynwood Planning Commission, pursuant to law, on August 9, 2011 conducted a public hearing; and WHEREA5, the Lynwood Planning Commission, pursuant to law, on November 9, 2010 conducted a public hearing on the application and continued the public hearing; and WHEREAS, the Planning Commission considered all oral and written testimony offered at the pu6lic hearings; and WHEREAS, the Planning Commission determined that the approval of Conditional Use Permit No. 2010-05 serves Public Convenience and Necessity; and WHEREAS, on November 3, 2010 the Design Review Board and Parking and Improvement District Board recommended approval of the project to construct a supermarket, and; WHEREAS, the Lynwood Planning Commission has determined that a C-2A (Medium Commercial) zoning designation for the subject property would be consistent with the Lynwood General Plan and would be an appropriate zone for the location and development; and WHEREAS, the Development Services Department has conducted an Initial Study, inciuded conditions of approval, determined that the proposal will not have significant impacts on the environment, and prepared a Negative Declaration consistent with the California Environmental Quality Act (CEQA) Guidelines; and therefore -1- Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. That the proposed Conditional Use is consistent with the General Plan. The General Plan Land Use Map designation is commercial and retail establishments are permitted uses in all commercial zones. The proposed project will not adversely affect the General Plan. Retail stores and ancillary uses such as off-premise beer and wine licenses are conditionally permitted uses within Commerical zones. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings or structures. The proposed Type 20 ABC license will not be detrimental to persons residing or working in the area as a result of placing conditions of approval on Conditional Use Permit No. 2010-05. The sales of products at the retail establishment are targeted toward families and business professionals not typically associated with loitering or public intoxication, thus will not impact surrounding businesses and residential neighborhoods. Also, hours of operation and sales of alcoholic beverages have been limited to specific hours. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. Fresh and Easy Neighborhood Market is a major anchor tenant which is suitable for the proposed use. The ApplicanYs request for a Type 20 ABC license will not require additional parking spaces. D. That the proposed conditional use complies with all applicable development standards of the zoning district. The ApplicanYs request for a Type 20 ABC license, complies with all applicable standards of the G2A (Medium Commercial) zone. Section 25- 25-6(B) of the Lynwood Municipal Code (LMC) states that the zoning districts in which on-site and off-site sales of alcoholic beverages are permitted are shown in Appendix A, Uses by Zoning Districts. According to � Appendix A, the off-site sale of alcoholic beverages within a supermarket or drugstore is a conditionally permitted use in the G2A (Medium Commercial) zone. E. That the proposed conditional use observes the spirit and intent of this zoning code. The off-premise sale of beer and wine within the proposed Fresh and Easy Neighborhood Market is an ancillary use to a permitted retail and service z establishment. The conditional use observes the spirit of Policy LU-2.1 of the City's General Plan, in which the ApplicanYs request for a Type 20 ABC license serves the general rnerchandising and retail needs of the residents of Lynwood. Section 2. Section 25-25-6(D) requires additional findings to be made in order to approve a Conditional Use Permit application for alcoholic beverage outlets. The Planning Commission of the City of Lynwood hereby finds and determines as fol lows: A. That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this section will be observed. The Type 20 ABC license will provide patrons with the comenience of purchasing alcoholic beverages while purchasing other retail goods or awaiting other Fresh and Easy Neighborhood Market services. Additionally, the inclusion of conditions of approval will help to ensure that the Applicant operates the store in a manner that will uphold the public interest and minimize negative impact to nearby properties. B. That the proposed use will not enlarge or encourage the devetopment of a blighted area. Fresh and Easy Neighborhood Market is a major anchor which is suitable for the proposed use. Fresh and Easy Neighborhood Market is a viable business that will assist in the promotion of the leasing within the city, which increases the economic viability of the adjacent commercial area and neighboring residential developments. C. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any other City programs. The proposed Type 20 ABC license has been reviewed by other City departments including Code Enforcement, Los Angeles County Sherriff's Department, Los Angeles County Fire Department, the City's Building Division and the Redevelopment Agency. The attached conditions have been prepared in accordance with the above mentioned agencies in order to ensure that the regulated use will not interFere with neighborhood conservation or other City programs. D. That all applicable regulations of the zoning district in which the use is permitted will be observed. The proposed Type 20 ABC {icense has been conditioned in order to ensure that all applicable regulations of the G2A (Medium Commercial) zone, written and intended are strictly observed by the Applicant . -3- Section 3. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Conditional Use Permit No. 2010-05, allowing for the off-premise sale of beer and wine (Type 20) provided that all of the following conditions are implemented and complied with at all times. CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The Applicant, or his/her representative shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of any permits. 2. The project shall comply with all regulations of the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, other City Departments and applicabie State and Federal regulations. 3. Any subsequent modification of the subject site, structures, hours of operation thereon shall be first reported to the Development Services Department, Planning Division, for review. 4. The Conditionat llse Permit is valid for a period of one (i) year from date of approval. The Applicant must obtain all approvals and permits show substantial compliance with all conditions prior to the expiration date or such approval shall become null and void. One (1) e�ctention of one (i) year may be granted by the Planning Commission, provided such extension is requested in writing prior to the expiration date. 5. All appeals must be brought within ten (10) working days of the date of the final action by the Development Services Director, or Site Plan Review Committee. An appeal will be scheduled for public hearing before the Lynwood Planning Commission. Persons filing the appeal must submit application and pay a fee of $920.26. PLANNING DIYISION 6. No alcoholic beverages shall be consumed on the premises. 7. The Applicant shall post "no loitering" signs and prevent persons from loitering on the premises during business hours. 8. The Applicant shall submit a detailed lighting plan. Additional lighting may be required upon review of such lighting plan. 4 9. The Applicant shall submit to the Planning Division a detailed shopping cart containment plan. The plan shall be maintained and managed on-site in order to ' increase shopping cart retrivals by Applicant. 10. The Applicant shall obtain Planning Division approval for all signs and temporary banners or remove immediately. BUILDING AND SAFETY DIVISION 11. All construction shail meet or exceed the minimum building standards that are referenced to in the following codes: . The California Building Code — 2010 edition; • The California Plumbing Code — 2010 edition; . The California Mechanical Code — 2010 edition; . The Los Angeles County Fire Code — 2010 edition; • The National Electric Code — 2010 edition; Ali as amended by the California Building Code of 2010. In cases where the provisions of the California Building Code, the City of Lynwood Municipai Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. Applicant/property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. LOS ANGELES COUNTY FIRE DEPARTMENT 12. Two (2) architectural sets of plans shall be submitted and stamped by the Fire Department. Approved Fire Department plans shall be attached to full set befnre submitting to plan check. 13. The Applicant shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040, or contact them at (323) 890-4243. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. Section 4. A copy. of Resolution No. 3274 and its conditions shall be delivered to the applicant. APPROVED AND ADOPTED this 9th day of August, 2011, by members of the Planning Commission, voting as follows: -s- AYES: NOES: ABSENT: ABSTAIN: Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO CaNTENT: APPROVED AS TO FORM: Jonathan Colin, Director Pam Lee, City Attorney Development Services Department City of Lynwood 6 ��t� City qf �Y��OOD � � "�'�s � h Ctky �.Ueettng CIwQQ¢n9es � � � � �" � � 11330 BULLIS ROAD g � . LYNWO00, CALlFORNIA 90262 , (310) 603-0220 August 9, 2011 Department of Alcoholic Beverage Control 3950 Paramount Boulevard Suite no. 250 Lakewood, CA 90712 Subject: Conditional Use Permit No. 2010-03, Letter of Public Convenience and Necessity for Fresh and Easy Neighborhood Market store located at Northwest corner of Long Beach Boulevard and Pluma Street. Dear Sir or Madam, This letter is written in reference to an application by Fresh & Easy Neighborhood Market for a Type 20 Alcoholic Beverage Control license at the Northwest corner of Long Beach Boulevard and Pluma Street. The State of California Department of Alcoholic Beverage Control (ABC) is charged with the responsibility to review and issue' licenses for the sale and/or manufacture of alcoholic beverages. State law provides that ABC shali deny an application for a license if the issuance of , that license would either create a law enforcement problem, or result in or add to an undue concentration of licenses, unless a determination is made that public convenience or necessity would be served by the issuance of that license. (Bus. & Prof. Code § 23958.) However, ABC shall issue a license if a local governing body, or its designated subordinate body or officer, determines that public conyenience or necessity will be served by the issuance of a license for alcoholic beverage sales and issues a letter affirming such determination. (Bus. & Prof. Code § 23958.4.) Pursuant to section 23958.4 of the California Business and Professional Code, the City of Lynwood must issue a letter of Public Convenience and Necessity along with its approval of the application, since the proposed business, located in Census Tract No. 5403 is within an area that has greater number of reported 1 crimes. According to the State's ABC department, the total number of offences in the reporting district is 858, while other areas average only 633.8, as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. Fresh & Easy Neighborhood Market it is a subsidiary of Tesco, the world's third largest retailer establishment and more than 166 store locations in California, Nevada and Arizona. Fresh & Easy Neighborhood Market is proposing to provide alcoholic beverage sales to customers as an ancillary service and will primarily sell fresh produce, prepared and pre-packaged food, baked goods, magazines and personal toiletries. The off-site sale of alcoholic beverages at this location is considered ancillary as the total proposed alcohol display and storage area is .56% of the gross floor area of the establishment. Additionally, the Planning Division, in conjunction with other City departments, has added appropriate conditions to the conditional use permit in order to mitigate any potential negative impacts associated with the proposed alcohol sales. These conditions were agreed to by the ` applicant. For these reasons, the City has approved Conditional Use Permit No. 2010-05. Establishing this off-site outlet wili allow nearby residents and working professionals the convenience of one-stop shopping for their retail and beverage needs, including beer and wine. If you require additionai information, feel free to contact Karen Figueredo, Planning Associate, at your convenience. She may be reached at (310) 603-0220 x 247. Sincerely, Roger L. Haley City Manager Cc: Jonathan Colin, Development Services Director 2