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Home My Public Portal AboutA 2011-09-13 PLANNING COMMISSIONDEVELOPMENT SERVICES DEPARTMENT Cit of LYNWOOD � LA City �- Meefing CAdVengm 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310)603 -0220 x 289 AGENDA LYNWOOD PLANNING COMMISSION CITY HALL COUNCIL CHAMBERS 11330 BULLIS ROAD LYNWOOD, CA 90262 RECEIVED SEP 0 0 2011 September 13, 2011 6:00 P.M. PLANNING COMMISSIONERS Kenneth West Alex Landeros Rita Patel Chair Commissioner Commissioner PLANNING COMMISSION COUNSEL Law Office of Aleshire and Wynder Pam Lee, Assistant City Attorney PLANNING DIVISION STAFF Jonathan Colin Rita Manibusan Karen Figueredo Director Manager Planning Associate CITY OF LYNWOOD CITY CLERKS OFFICE Marva Q C ;1✓-j CIzriG S�C.o, Bill Younger Commissioner Octavio Silva Planning Associate 1 OPENING CEREMONIES 1. Call meeting to order. 2. Flag Salute. 3. Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minutes of Planning Commission Meeting: August 9, 2011 SWEARING IN SPEAKERS 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 tell 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 CONTINUED PUBLIC HEARINGS NONE CONTINUED REGULAR AGENDA NONE 2 NEW REGULAR AGENDA S. Variance No. 2011 -02 and CUP MOD No. 1999 -04 APPLICANT: Fadel El Shahawi 11401 Atlantic Ave. APN:6189- 003 -034. Proposal Requesting approval of Variance No. 2011 -02 to reduce the amount of required parking from fourteen (14) stalls to eleven (11) stalls and to construct a new 497 sq. ft. self- operated carwash as part of an existing gasoline station and mini -mart. The subject property is located at 11401 Atlantic Ave. within the Heavy Commercial (C -3) zone. The subject property has a General Plan designation of General Commercial. Recommendation Staff recommends that the Planning Commission approve Resolutions No. 3281 and 3287 approving Variance No. 2011 -02, and Conditional Use Permit Modification No. 1999 -04. DISCUSSION ITEMS COMMISSION ORALS STAFF ORALS ADJOURNMENT Adjourn to the regular meeting of the Lynwood Planning Commission on October 11, 2011 at 6:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. t3 Item No. 5 LYNWOOD PLANNING COMMISSION August 9, 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 Younger led the flag salute. Chair West requested the roll call. Planning Associate Figueredo called roll. Commissioners Landeros, Younger, Patel and Chair West answered the roll call. Also present were Planning Associate Karen Figueredo, Engineering Manager Elias Saikaly and Commission Counsel Pam Lee. Planning Associate Figueredo indicated the Agenda had been duly posted. Item #5 Minutes, July 12, 2011 Chair West introduced Agenda Item #5, minutes of July 12, 2011, Planning Commission Meeting and asked if there were any questions or revisions. It was moved by Commissioner Patel and seconded by Commissioner Younger and carried to approve the minutes of July 12, 2011. Item #6: Swearing in of Sneakers City Clerk Maria Quinonez swore in members of the audience. Item #7: Public Orals NONE NEW BUSINESS NONE CONTINUED PUBLIC HEARINGS NONE CONTINUED REGULAR AGENDA NONE NEW REGULAR AGENDA 1 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 Planning Associate Figueredo introduced the next item requesting that the Planning Commission conduct a public hearing to approve 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. 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. Planning Associate Figueredo presented the item and provided a background of the project and the applicant's request. Herman Chavez, a representative of Fresh and Easy, provided additional background information. Commissioner Younger asked about a timeline on the project to which Mr. Chavez indicated that construction was scheduled for November 2011 and completion of the project in April 2012. Commissioner Landeros asked about maintenance of the property, to which the applicant explained that a separate company was responsible for clean up. The applicant explained that they have cleaned up the site of debris and are working with the City to keep it clean. Having no further discussion, it was moved by Commissioner Younger and seconded by Commissioner Landeros to adopt: 2 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 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. RESOLUTION NO. 3266 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. 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. 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. RESOLUTION NO. 3268 3 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. 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 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. ROLL CALL: AYES: YOUNGER, LANDEROS, PATEL, WEST NOES: ABSENT: COMMISSIONER ORALS Commissioner Patel asked about the maintenance of the street medians along Long Beach Blvd. and the 105 freeway exit. Engineering Manager Saikaly explained that medians along the street will be replaced. Commissioner Younger requested information about the vacant properties on Bullis and Fernwood. Chair West asked about graffiti removal on street medians along Imperial Highway directly in -front of the high school. STAFF ORALS 4 NONE 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: Jonathan Colin, Director Development Services APPROVED AS TO FORM: Pam Lee, City Attorney Planning Commission Counsel k Item No. 8 Cit Cf LYNWOOD r� ca �M Ceaffiw 110 I 1 11330 BULLIS ROAD LYNWOOD. CALIFORNIA 90262 (310) 603 -0220 DATE: September 13, 2011 TO: Honorable Chair and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services Octavio Silva, Planning Associate SUBJECT: Variance No. 2011 -02 Conditional Use Permit Modification No. 1999 -04 Assessor's Parcel Number: 6189 - 003 -034, 018 APPLICANT: Fadel El Shahawi PROPOSAL The applicant is requesting to construct a new 497 sq. ft. self - operated carwash as part of an existing gasoline station and mini -mart. The subject property is located at 11401 Atlantic Avenue, on the south -west corner of Atlantic Ave and Martin Luther King, Jr. Blvd. within the Heavy Commercial (C -3) zone. The subject property has a General Plan designation of General Commercial. In order to construct the proposed car wash, the applicant must obtain a variance to reduce the amount of required parking from fourteen (14) stalls to eleven (11). In addition, a Conditional Use Permit Modification (CUP) is required in order to ensure that all Conditions of Approval are current and reflect proposed site modifications. BACKGROUND On February 9, 1999, the Planning Commission approved Resolution No. 2708 approving CUP No. 1999-04, which allowed for the remodel and expansion of the existing service station on the subject property (see Exhibit No. 1). ANALYSIS & DISCUSSION Section 25 -135 of the Lynwood Municipal Code (LMC) provides the variance procedure in which an applicant can be granted relief from zoning provisions when, because of special circumstances applicable to a property including size, shape, topography, location, or surroundings, the strict application of the zoning code would deprive a property of privileges enjoyed by other properties in the vicinity and under the identical zoning classification. Under the LMC, the applicant is required to provide fourteen (14) parking stalls. LMC Table 65 -1 of Chapter 25 -65 requires twelve (12) parking stalls for the convenience store and two (2) parking stalls for the proposed carwash. Currently, the applicant has nine (9) stalls, which is less than the minimum required, but the applicant is proposing to remove an existing driveway entry along Atlantic in order to increase the amount of on -site parking to eleven (11) stalls. As proposed, the new carwash will be constructed at the rear of the existing convenience store along the westerly property line. The carwash is approximately 497 sq. ft. and will be constructed of a six inch (6'1 CMU Concrete Fire Wall against the neighboring property. There will not be a rear yard setback. A rear yard setback is required under LMC Table 25 -1 of Section 25 -25-4 for commercially zoned properties when the adjacent rear properties are zoned residential, open space, or public uses. Here, the adjacent rear properties are both zoned C -3 (Heavy Commercial), so a rear setback is not required under the LMC. The proposed carwash will not impede offsite or on -site parking as the entrance of the carwash will be along the southern portion of the subject property, approximately 100 feet from Atlantic Avenue. The carwash has been designed to provide six (6) on -site queuing spaces ahead of the carwash structure as required by the LMC and which is common among most jurisdictions. Automobiles will exit the carwash onto Martin Luther King, Jr. Blvd, preventing cars from being dried on the subject property. The distance between the exit of the carwash and the street is approximately 33 feet. DESIGN REVIEW The construction of the proposed carwash will match existing and proposed design elements and materials such as stucco, colors and building signage. The roll up doors of the proposed carwash will consist of tempered glass with anti - graffiti coating. In an effort to reduce the possibility of graffiti, the existing fire access ladder will be relocated from Martin Luther King, Jr. Blvd. to the south elevation of the building. 2 As part of the applicant's proposal to construct the self - operated carwash, the applicant will also be remodeling the existing 2,310 sq. ft. convenience store and service canopies. The applicant will be updating the building faSade by install new El Dorado coarse stone across the base of the building as well as enhancing the existing paint scheme. In order to maintain architectural consistency, matching stone will be installed on the base of the service canopy columns and the existing monument sign. As a result of overall site improvements to the subject property, landscaping will be increased by approximately 750 sq. ft. including a new planter along Martin Luther King, Jr. Blvd. and along Atlantic Blvd. The site will also include a new trash enclosure with a decorative trellis roof. In order to reduce graffiti, the walls of the trash enclosure will be screened by landscaping vines. REQUIRED FINDINGS Section 25.135.060 of the LMC sets forth six (6) findings that the Planning Commission must make in order to approve a variance. Following are the findings in bold followed by staff determinations. A. That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone. The subject property experiences an exceptional circumstance related to its location. The property is located on a corner lot and currently has two driveway entries along Martin Luther King, Jr. Blvd. and two along Atlantic Blvd. In order to increase the amount of parking, the applicant is proposing to close one driveway entry along Atlantic Blvd in order to provide an additional two parking stalls. The applicant cannot close any additional driveways to provide additional parking because it will impede traffic circulation into and within the subject site, particularly for the refueling truck. B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone, but which is denied the property in question. The applicant's variance request is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the vicinity and zone. Although the subject property maybe of similar size and shape to surrounding properties in the vicinity; the subject property does not enjoy the approval of a self- service carwash in the C -3 zone 3 because of its location on a corner and the need to provide a minimum of three (3) driveways as requested by the Public Works Department. The applicant cannot close any additional driveways to provide additional parking because it will impede traffic circulation into and within the subject site, particularly for the refueling truck. C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. The applicant's proposal to construct a self- service carwash will not be detrimental to the public welfare or injurious to properties or improvements in the vicinity. The water collection system being proposed for the carwash will utilize a reclamation system that flushes between 20- 24 gallons per carwash to the sewer. The slope at the entrance and exit of the carwash is toward the reclaimer in the tunnel, which reduces the possibility of water run -off into neighboring properties. If there are any droplets after the drying process in the carwash enclosure, it will be collected by the water 1500 gallon water inceptor. Additionally, a three inch (3 ") high speed bump and swale will be constructed at the exit of the carwash in order to reduce any water run -off. As proposed, the new carwash will be constructed at the rear of the existing convenience store along the westerly property line. The carwash is approximately 497 sq. ft. and will be constructed of a six inch (6'� CMU Concrete Fire Wall against the neighboring property. All car washing activities such as spraying, scrubbing, rinsing and drying will occur within the enclosed structure. Conditions regarding hours of operation and observing of the City's Noise Ordinance have been included into the Conditions of Approval. The proposed carwash will not impede offsite or on -site parking as the entrance of the carwash will be along the southern portion of the subject property, approximately 100 feet from Atlantic Avenue. The carwash has been designed to provide six (6) on -site queuing spaces ahead of the carwash structure as required by the LMC and which is common among most jurisdictions. D. That in granting the variance, the spirit and intent of this Zoning Code will be observed. The granting of the applicant's variance request observes the spirit and intent of the zoning code in that the applicant is proposing to construct a n self - service carwash, which is a use that is consistent with Appendix A of the LMC. E. That the Variance does not grant special privilege to the applicant. The variance request does not grant special privilege to the applicant because the applicant is required to comply with all applicable zoning and building regulations as well as with the policies and goals established by the City's General Plan. F. That the Variance request is consistent with the General Plan of the City of Lynwood. The subject property has a General Plan designation of Commercial. The applicant is proposing to construct a self service carwash which is consistent with the Commercial designation. Additionally, the applicant's proposal is consistent with Goal No. 1 of the Community Design Element located in the City's General Plan. Goal No. 1 indicates that the City should encourage physical development which enhances the positive image of the City as a balanced residential community indicative of its "All America City" status. Section 25 -130 -8 of the LMC provides for modifications to conditional use permits based on changed circumstances, modifications of business, changes in scope, or expansions of use. Section 25.130.5 of the LMC sets forth five (5) findings that the Planning Commission must make in order to modify a Conditional Use Permit. Following are the findings in bold followed by staff determinations. A. That the proposed conditional use is consistent with the Lynwood General Plan. The subject property has a General Plan designation of Commercial. The applicant is proposing to construct a self service carwash which is consistent with the Commercial designation. Additionally, the applicant's proposal is consistent with Goal No. 1 of the Community Design Element located in the City's General Plan. Goal No. 1 indicates that the City should encourage physical development which enhances the positive image of the City as a balanced residential community indicative of its "All America City" status. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the 5 proposed conditional use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures. The nature, condition and development of adjacent uses, buildings and structures have been considered. The carwash will be constructed from a 6" CMU concrete fire wall along the western property line, which adjoins the neighboring property. The neighboring properties are also zoned Heavy Commercial (C -3). Conditions of Approval have been placed on the operations of the carwash and existing convenience in order to minimize any impacts to adjacent properties. C. That the Project Site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The subject property experiences an exceptional circumstance related to its location. The property is located on a corner lot and currently has two driveway entries along Martin Luther King, Jr. Blvd. and two along Atlantic Blvd. In order to increase the amount of parking, the applicant is proposing to close one driveway entry along Atlantic Blvd in order to provide an additional two parking stalls. The applicant cannot close any additional driveway to provide additional parking because it will impede traffic circulation into and within the subject site, particularly for the refueling truck. D. That the proposed conditional use complies with all applicable development standards of the zoning district, and The proposed project exceeds landscaping requirements. The applicant is requesting a variance for a reduction in the amount of required off- street parking spaces. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The gasoline station and the proposed self- service carwash are consistent with the C -3 zone in that the uses serve community and neighborhood wide needs. The uses have been designed and conditioned to ensure that they are compatible with the surrounding area with respect to the type of use, scale, intensity of development, architectural character, and other impacts upon the community. 6 ENVIRONMENTAL ASSESSMENT The Development Services Department has determined that proposed project is categorically exempt from the California Environmental, Quality Act (CEQA) pursuant to Section 15303(c) New Construction or Conversion of Small Structures (store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in Floor area). RECOMMENDATION Staff recommends that the Planning Commission approve Resolution No. 3281, approving Variance No. 2011 -02 and Resolution No. 3287, approving CUP MOD No. 1999 -04 as conditioned. Project Profile Location Map Exhibit No. 1- Resolution No. 2708 Resolution No. 3281 Resolution No. 3287 Plans 7 PROJECT PROFILE Variance No. 2011 -02 & CUP MOD No. 1999 -04 Assessor Parcel Number: 6189 - 003 -034, 018 1. Source and Authority The findings required in order to make a major variance determination are located in Chapter 25 of The Lynwood Municipal Code within Article 135. 2. Property, Location and Size The subject property is approximately 16;840 sq. ft. and is currently a gasoline station with a convenience store. The site is located on the north- west corner of Atlantic Avenue and Martin Luther King, Jr. Blvd. 3. Existing Land Uses Site Developed North: Commercial South: Public Utility West: Church East: Commercial 4. Land Use Designation The subject parcel has a General Plan designation of Commercial, which is consistent with the C -3 (Heavy Commercial) zone. The adjacent properties General Plan and Zoning designations are as follows: Site General Plan Zoning North: Commercial C -3 (Heavy Commercial) South: Commercial C -3 (Heavy Commercial) West: Commercial C -3 (Heavy Commercial) East: Commercial C -3 (Heavy Commercial) 5. Site Plan Review The Site Plan Review Committee has reviewed the project. 6. Code Enforcement History None on record at the time of this report. 7. Public Response None on record at the time of this report. :