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Home My Public Portal AboutA 2011-09-13 PLANNING COMMISSION (2) � , � � y �Yl�TWOOD � City of M n�� n �G � � j i �, n �� .u.u.eacnon. �`�.�, c� City �ldeeting ChaQQenges �' I � �' �n�� 11330 BULLIS ROAD I' � LYNWOOD, CALIFORNIA 90262 DEVELOPMENT SERVICES (310) 603-0220 DEPAFTMENT x pgg AGENDA LYNWOOD PLANNING COMMISSION CITY HALL COUNCIL CHAMBERS �.�ly Q� 5��.� 11330 BULLIS ROAD R E'l� G�� D LYNWOOD, CA 90262 SEP 0 ti 2011 September 13, 2011 CITY OF LYNWOOD G:OO P.M. CITY CLERKS OFFICE Mav;a Q��v�:,.cZ PLANNING COMMISSIONERS C ' �� C( � ( � s � C• Kenneth West Alex Landeros Rita Patel Bill Younger I Chair Commissioner Commissioner Commissioner PLANNING COMMISSION COUNSEL I Law Office of Aleshire and Wynder ' Pam Lee, Assistant Ciry Attorney ( I � PLANNING DIVISION STAFF I Jonathan Colin Rita Manibusan Karen Figueredo Octavio Silva I Director Manager Planning Associate Planning Associate � ' I I 1 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 pubiic 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 8. Variance No. 2011-02 and CUP MOD No. 1999-04 APPLICANT:. Fadel EI Shahawi 11401 Atlantic Ave. APN:6189-003-034. Pro osal ,Requesting approval of Variance No. 2011-02 to reduce the amount of required parking from fourteen (14) stalls to eleven (11) stails 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 S�AFF 012ALS 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. 3 Item No. 5 LYNWOOD PLANNING COMMISSION r �� August 9. 2011 � -vy- `�� . 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. Julv 12 2011 � I i Chair West introduced Agenda Item #5, minutes of July 12, 2011, Planning Commission Meeting and � asked if there were any questions or revisions. i i It was moved by Commissioner Patel and seconded by Commissioner Younger and carried to approve '� the minutes of July 12, 2011. . Item #6: Swearina in of Sueakers � City Clerk Maria Quinonez swore in members of the audience. I Item #7: Public Orals � NONE ' ; I NEW BUSINESS � NONE i CONTINUED PUBLIC HEARINGS NONE ; CONTINUED REGULAR AGENDA ' ' NONE � NEW REGULAR AGENDA I 1 8. Conditional Use Permit No. 2010-04, Conditional Use Permit No. 2010-05, General Plan Amendment No. 2010-01, Tentative Parcel Maq 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 Pr000sal 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, I 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 I applicanYs request. Herman Chavez, a representative of Fresh and Easy, provided additional background information. I 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. I 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: i I i I I i 2 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 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 N0.3266 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 20NING DESIGNATION FROM R-3 (MULTI- FAMILY RESIDENTIAL) TO G2A (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 N0.3267 A RESOWTION 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 j PARCEL NUMBER 6170-034-017, 6170-034-018, 6170-034-023, � I 6170-034-025, 6170-034-026, 6170-034-029,6170-034-030 AND � 6170-034-900, IN THE G2A (MEDIUM COMMERCIAL) ZONE, ! i CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. j ROLL CALL: � AYES: YOUNGER, LANDEROS, PATEL, WEST ' NOES: ; ABSENT: COMMISSIONER ORALS . � I Commissioner Patei asked about the maintenance of the street medians along Long Beach Bivd. and I 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. j Chair West asked about graffiti removal on street medians along Imperial Highway directiy in-front of the high school. STAFF ORALS � 4 I 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: APPROVED AS TO FORM: Jonathan Colin, Director Pam Lee, Ciry Attorney Development Services Planning Commission Counsel � i i i � I � � I j I , i i I I � 5 i � £ F _ Item�No.8 � �it � �YNWOOD � � `��„ �+� vl C�ty vU¢ettng CkaQQeng� �'' f�� n330 6ULLIS ROAO LVNWOOD, CAIIFORNIA 90262 . (310) BD3422o DATE: September 13, 2011 TO: Honorable Chair and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services Octavio Silva, Planning Associate SUB)ECT: Variance No. 2011-02 Conditional Use Permit Modification No. 1999-04 Assessor's Parcel Number: 6189-003-034, 018 APPLICANT: Fadel EI 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 � I at 11401 Atlantic Avenue, on the south-west comer of Atlantic Ave and Martin I Luther King, Jr. Blvd. within the Heavy Commercial (C-3) zone. The subject property has a General Plan designation of General Cornmercial. In order to construct the proposed car wash, the applicant must obtain a variance I 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 I ensure that all Conditions of Approval are current and reflect proposed site modifications. BACK6ROUND 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). � i i i 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 speciai circumstances applicable to a property including size, shape, topography, location, or surroundings, the strict application of the zoning code would deprive a properry 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 (lz) parking stalls for the convenience store and two (2) parking stails 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 Atiantic 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 properry line. The carwash is approximately 497 sq. ft. and will be constructed of a six inch (6'� CMU Concrete Fire Wail against I the neighboring property. There will not be a rear yard setback. A rear yard I 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 I (Heavy Commerciap, 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 j provide six (6) on-site queuing spaces ahead of the canvash structure as required i 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. i DESIGN REVIEW i The construction of the proposed carwash wili 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 possibiliry of graffiti, the existing fire access ladder wili be relocated from Martin Luther King, Jr. Blvd. to the south elevation of � the building. Z As part of the applicanYs proposal to construct the self-operated carwash, the applicant will also be remodeling the existing 2,310 sq. �t. convenience store and service canopies. The applicant will be updating the building fasade by install new EI Dorado coarse stone across the base of the building as weli 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, ]r. 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 eutraordinary 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, ]r. Blvd. and two along Atlantic � Blvd. In order to increase the amount of, parking, the applicant is proposing to c�ose 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 applicanYs variance request is necessary for the preservation and I 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 I 3 I 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 applicanYs 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 properly 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 i 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 j properly, approximately 100 feet from Atlantic Avenue. The carwash has I 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 I most jurisdictions. i D. That in granting the variance, the spirit and intent of this 2oning ; Code will be observed. I i The granting of the applicanYs variance request observes the spirit and intent of the zoning code in that the applicant is proposing to construct a ! I ( ' 4 I 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. i 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 canvash 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 i the City as a balanced residential communiry indicative of its "All America City" status. � I Section 25-130-8 of the LMC provides for modifications to conditional i 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. i 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 applicanYs proposal is consistent with Goal No. 1 of the Community Design Element located in the Ciry's General Plan. Goal No. 1 indicates that the City should � encourage physical development which enhances the positive image of i the City as a balanced residential community indicative of its "All America City" status. i B. That the nature, condition, and development of adjacent uses, � buildings, and structures have been considered, and that the i i 5 I 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 B�vd in order to I provide an additional two parking stalls. The applicant cannot close any additional driveway to provide additional parking because it will impede tra�c circulation into and within the subject site, particularly for the refueling truck. l 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 I requesting a variance for a reduction in the amount of required off-street � parking spaces. j � E. That the proposed conditional use observes the spirit and intent of � this 2oning Code. i 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 i 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. , � � i � I 6 ENVIRONMENTALASSESSMENT 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). RECOM M EN DATION 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 � I I I I ' I I � i i 7 PRO]ECT PROFILE Variance No. 2011-02 & CUP MOD No. 1999-04 Assessor Parcel Number: 6189-003-034, 018 1. Source and Authoritv 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 designatfon 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 Zonina ' North: Commercial C-3 (Heavy Commercial) � South: Commercial C-3 (Heavy Commercial) � West: Commercial C-3 (Heavy Commercial) I East: Commercial C-3 (Heavy Commercial) � 5. Site Plan Review ' The Site Plan Review Committee has reviewed the project. � 6. Code Enforcement Historv ! None on record at the time of this report. 7. Public Response � None on record at the time of this report. ! 8 I LOCATION MAP . , a.� cyr _9� � � - ..... ,..... S��O — '� �� JBAMerce� A '' Smoy ��i�i� ' . . '.t ' V Cti. p ' $ an - P+j�� . Rumera .. �W� �P wMis�ervB q "B . `+ y8 � v � � e 1 � ' � ' � . �. � � , • ' S)� Tecfea 1 _ � i� ° . LACo, Fire. � �� AVe . Mp kel • � _ p� S�aaon rt ss �' -. i.. i . _ AY �+.� . - . . �r � f ' � * y m �.- .:� ' �.' �� .f Pare � ( ..�C �PenCa��" l C�oPSa ' . :.�n rk� 8Jr%� F � t f � P � � O' O a fl - _ yy a�� 4 � q � .. _ � onenoo �� C�ie 90 -. Cg��y�,,,� � ` , , . GM1evron . . . a. t � l �u �'-. u �� m Donirta . „ � `�-.. . 3 �� wdl0 4tq yQ � j� , . . � � fC i ' . , � . v� i �Q � � • li ' �� '� f� .� • � �' � iry' C , $ ' Y � � t � LY*nvona - � � ��rqve � . . . �hb _ � + ' Remal cemer ^ Carcw GNSS � � � EICp¢�� " v a . n+ancet .• •1) LuNa Deti Q' a �an , ' ; r.�O '� �'� �' ' �� o � � � a � a, � �ap0 °WSr �Ar e �• � �� B�MiK� � r Sr . � S�9fL ?tii. .�� Bg � d � . _"" _ ° ' ' .P .. . � I APN: 6189-003-034,018 CASE NO.: Variance No. 2011-02 & CUP No. 1999-04 I APPLICANT: Fadel EI Shahawi � ; . � � � i , I 9 RESOLUTION 2708 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 99-04 FOR THE REMODEL AND EXPANSION OF THE SERVICE STATION AT 11401 ATLANTIC AVENUE, IN THE C-3 ZONE. WHEREAS, the Lynwood Planning Commission, pursuant to law, on February 9, 1999 conducted a public hearing on the subject application; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and ' WHEREAS, the Director of the Community Development Department has determined that the proposal is Categoricaily Exempt pursuant to section 15301(e)(2) of the requirements for the Califomia Environmental Quality Act; therefore Section 1. The Planning Commission hereby finds and determines as follows: A. The granting of the proposed conditional use permit will not adversely affect the comprehensive General Plan. B. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site in located. G The proposed (ocation of the conditional use and the conditions � under which it would be opereted or maintained will not be � . ! detrimental to the public heafth, safety, or welfare, or materially injurious to properties or improvements in the vicinity. I D. The proposed conditional use wiN comply with each of the applicable I provisions of the Zoning Ordinance, except for approved variances. � Section 2. Th2 Planning Commission of the City of ,, Lynwood, hereby grants the Conditional Use Permit No. CUP 99-04 approving the remodei and expansion of the Chevron Service station at 11401 Atlantic Avenue, Lynwood, CA, subject to the conditions, restrictiona and limitations set forth as follows: I I CONDITIONS OF APPROVAL i The following Conditions shall apply at all times while the Conditional Use Permit is � � in effect. I Communitv Develoqment 1. The proposed development shall comply with all applicable regulations of the � Lynwood Municipal Code. � 2. Any subsequent modification of the subject site or structures thereon, shall be , I first re--1_� ._ .�- --------' ^-- '---. °_-_'- —. ..,----- Division ; for re� � i � � � h:\worJ\pinnniny\ Exhibit No. 1 / , _ I 3. The applicant, or his representative, shall sign a Statement of Acceptance stating he/she has read, understands, and agrees to the conditions stated herein before issuance of building permits or a business license for said application. 4. The applicant shall meet the requirements of all other city departments. 5. The conditional use must become operational within 180 days of the issuance of this approval. The Conditional Use Permit shall become invalid 180 days from the date of approval. One extension may be granted if the extension is requested prior to the end of the valid period, at the sole and absolute discretion of the Community Development Director. 6. Automotive uses shall provide adequate vehicular circulation so as not to create traffic problems. 7. There shall be no repair of automobiles on this site other than the adding of fluids or air. 8. A landscaping plan shall be submitted to the Community Development I Department An automatic sprinkler system shall be installed in all i landscaped areas to ensure proper maintenance and shall be included in the I � landscaping plan. 9. Any artifcial light shall be designed to reflect away from adjoining properties. � 10. There shall be no storage of vehicles of any kind on this site. j 11. Adequate off-street parking shall be provided in accordance with the I provisions of the Zoning Ordinance. 12. The required off-street parking shall be permanently striped and subject to I review by the Planning Division. I 13. Refuse Storage Areas: Garbage or trash receptacles shall be metal or piastic , � wntainers equipped with overlapping, fly-tight lids, or other comparable ' containers, as may be approved by the Director of Community Development. � Such containers shail be stored in an area that is enclosed on three (3) sides I by a solid masonry and equipped with a latching gate. The wall should be at least six feet (6') in height. � 14. A sign plan shall be submitted and approved by the Community Development � Department prior to final building approval and/or issuance of the Certificate � of Occupancy. � 15. Provide one Handicap parking stall closest to the main entrance. ! Public Works Deqartment I 16. Site plan is incorrect. Correct theproperty dimensions and resubmiL , I 17. Provide documentation that lots compsing the property were legally tied �� , together to the satisfaction of the Department of Public Works. After I reviewing the documents, the Department of Public Works may require the � submission and recordation of a parcei map or lot merger or lot line adjustment. � 18. Submit a copy of the property deed or recent title report to the Department of ' , Public Works. h:bvmdlplanningAthidcy\rososVcup9904.Jac . 19. Submit a grading plan prepared and signed by a registered Civil Engineer. Property is located within the 100 year flood level zone per the flood boundary map. Also conform to all applicable codes of section 12 1/2 of the �ynwood Municipal Code. Building above the flood level will require substantial amount of fill, therefore, suggest altemative methods to design to minimize flooding potential. 20. Construct a new drive approach per APWA standards at Martin Luther King, Jr. Boulevard. 21. Underground all new utilities. 22. A permit from the Engineering Division is required for all off-site improvements to be completed by the applicant. � 23. All required water meters, meter service changes and/or fire protection lines shall be installed by the developer. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Public Works/Engineering Department prior to performing any work. Fire Department 24. Remove waste oil tank. 25. Provide approved portable fire extinguishers. ' 26. U.S.T.'S shall be upgraded if not already done. System shall be monitored. I I, APPROVED AND ADOPTED this 9th day of February, 1999, by i members of the Planning Commission, voting as follows: AYES: Commissioner�s) Abarca, Bames, Dove, Morton, Ramirez, I Reed, Rodriguez � � NOES: None 'i I - ABSENT: None ! I ABSTAIN: None i i I C�,.,��`1,�� ; Willard H. Reed, Chairman ` � Planning Commission I APPROV D AS TO O TENT: APPROVED AS TO FORM: I �CW_ �,�! �C'd (�`D� . \. I ' Gary Chicots, 'rector Plann' g Commission Counsel Community D velopment � � i L:\xorJlplanninglshidcy\rcros\cup99114.do< RESOLUTION No. 3281 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2011-02 TO REDUCE THE AMOUNT OF REQUIRED PARKING SPACES FROM FOURTEEN TO ELEVEN FOR THE PROPERTY LOCATED AT 11401 ATLANTIC AVENUE IN THE HEAVY COMMERCIAL (C-3) ZONE, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 6819-003-0034, 018 IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning, pursuant to law, on September 13, 2011 conduded a pubiic hearing; and WHEREAS, the Lynwood Planning Commission considered all pertinent testimony offered at the pubiic hearing; and WHEREAS, on February 9, 1999, the Lynwood Planning Commission approved � Resolution No. 2708 approving CUP No. 1999-04, which allowed for the remodel and � expansion of the existing gas service station and mini mart on the subject property � located at the south-west corner of Atlantic Ave and Martin Luther King, Jr. Blvd. i ("subject property") within the Heavy Commercial (C-3) zone; and WHEREAS, the applicant is requesting to construct a new 497 sq. ft. self- ( operated carwash ("project") as part of the existing gas station and mini mart; and WHEREAS, under the LMC, the applicant is required to provide fourteen (14) i parking stallS as indicated by the Lynwood Municipal Code, Table 65-1 of Chapter 25-65 i in which twelve (12) parking stalls are needed for the convenience store and two (2) i parking stalls for the proposed carwash; and � I WHEREAS, applicant's project would require additional parking stalls, such that ; the total of required parking stalls is increased to fourteen (14) total parking stalls; and I WHEREAS, to construct the proposed project, the applicant must obtain a ' Variance to reduce the amount of required parking from fourteen (14) stalls to eleven i (11) because the subject property cannot accommodate the 14 required parking stalls, � due to its location as a corner lot; and � i t WHEREAS, the Development Services Department has determined the proposed project is categoricaily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1(c). Section 1. Pursuant to Section 25.135.060 of the Lynwood Municipal Code, which requires six (6) findings for the approval of a variance, the Planning Commission hereby finds and determines as follows , A. That there are exceptional or eutraordinary 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. Bfvd. 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 wiil 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. i ' 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 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 I driveways to provide additional parking because it will impede traffic circulation � into and within the subject site, particularly for the refueling truck. i I C. That the granting of such variance will not be materially detrimental to I the public welfare or injurious to properties or improvements in the i vicinity. � � � I 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 j 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 2 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. Ail car washing activities such as spraying, scrubbing, rinsing and drying wili occur within the enciosed 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 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 3 which enhances the positive image of the City as a balanced residential communiry indicative of its °All America City" status. Section 2. The Planning Commission of the City of Lynwood hereby approves Variance No. 2011-02 subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The Variance and Conditional Use Permit Modification approval must be acted upon within one year. The Variance shall become null and void 365 days from the date of approval if not acted on within this period. The expiration date is September 13, 2012. One extension of up to i year may be granted if the e�ctension 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 by all City Departments. 3. The project shall be developed in accordance with plans approved by the Lynwood Planning Commission and on file in the Development Services Department, Planning Division. 4. Any proposed subsequent modification of the project site or structures thereon shall be first reported to the Development Services Department for review and written approval of said modifications. 5. The Applicant shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution. 6. Conditions of approval shall be printed on plans to submission to the Building and Safety Division for plan check. 7. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission, 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 an application and pay a fee of $920.26. � 4 8. The Applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of this approval. The applicant shall reimburse and indemnify the City, its agents, ofFicers or employees for any award, court costs, and attorney's fees which the City, its agents, officers, or employees may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve Applicant of his obligations under this condition. PLANNING DIVISION 9. Conditions of Approval established by Resolution No. 2708, approving CUP No. 1999-04 shali remain in effect. 10. Uses on the properry are limited to the existing convenience store, gasoline service and the proposed self-service carwash only. No take-out, sit-down or drive- thru eating establishments are permitted on the properly. 11. Automotive uses shall provide adequate vehicular circulation so as not to create on-site or off-site traffic concerns. 12. There shall be no repair of automobiles on this site other than the adding of fluids or air. 13. There shall 6e no storage of vehicles of any kind on this site. 14. All existing and proposed landscaping including palm trees shall be continually and regularly maintained. • 15. All driveway and parking areas shall be paved with concrete and permanently maintained as well as have sufFicient lighting for security. Such vehicle access and parking areas shall remain clear and accessible for vehicles at all times. Vehicle parking stalls shall be delineated and have bumper guards. Handicap parking stalls shail be provided in compliance with American with Disabilities Act (ADA) standards. 16. Any artificial light shall be installed to reflect away from adjoining properties. 17. Prior to installing signs, a sign permit shall be applied for, approved and obtained from the Department of Development Services. 18. The Applicant may not install flashing signs, roof signs, portable signs, including A- frames and sandwich boards. The Applicant may not paint any wall signs, place 5 inflatable signs, balioons or flags, and may not place any signs in the public right of way. Signs shall not be instailed on trees, light poles, fences or landscaping features. 19. The Applicant shall maintain a pro-active approach to the elimination of graffiti from the structures, fences and accessory buildings and service canopy on a daily basis. Graffiti shall be removed within twenty-four (24) hours. 20. Address numbers for each tenant space shall be maintained at all times. Such address numbers shall be subject to approval of the Los Angeles County Fire Department. 21. All proposed security measures (i.e. guard, dogs, alarms, barb wire, etc.) shall be reviewed by the Planning Division and the Sherriff's Department prior to implementation. 22. Obtain a Business License is required from the City's Business License Division for• the proposed self-service carwash. 23. No hand drying of vehicles is permitted on the premises. BUILDING AND SAFETY DIVISION 24. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. • The Califomia Building Code - 2007 edition; . The California Plumbing Code - 2007 edition; . The California Mechanical Code - 2007 edition; . The Los Angeles County Fire Code — 2007 edition; • The National Electrical Code — 2005 edition; All as amended by the California Building Code of 2007. In cases where the provisions of the California Buiiding Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. 25. Applicant/property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. „ 6 i I PUBLIC WORKS DEPARTMENT 26. Close existing most southerly driveway approach and construct sidewalk per APWA standards. . 27. Reconstruct one (1) wheelchair ramp at: south-west corner of Atlantic Ave. and Martin Luther King, Jr. Blvd. 28. A permit from the Engineering Division is required for ail off-site improvements. 29. This development is subject to the City's Standard Urban Storm-water Mitigation Plan Ordinance (SUSMP). Pursuant to Section 14.13 of the Lynwood Municipal Code relating to the control of pollutants carried by storm-water runoff, structural and/or treatment controi best management practices (BMP's); a maintenance agreement for the Standard Urban Storm-water Mitigation Plan shall be signed by the owner(s) and submitted to the Department of Public Works/ Engineering Division. ' LOS ANGELES COUNTY FIRE DEPARTMENT 30. 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, (323) 890-4243. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. Section 3. The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303(c) Class 3: 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). Section 4. A copy of Resolution No. 3281 and its conditions shall be delivered to the Applicant. " � APPROVED AND ADOPTED this 13th day of September, 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 Attomey Development Services Department Planning Commission Counsel s RESOLUTION No. 3287 A RESOWTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT MODIFICATION NO. 1999-04 IN ORDER TO CONSTRUCT A SELF SERVICE CARWASH LOCATED AT 11401 ATLANTIC AVENUE IN THE HEAVY COMMERCIAL (C-3) 20NE, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 6819-003-0034, 018 IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning, pursuant to law, on September 13, 2011 conducted a public hearing; and WHEREAS, the Lynwood Planning Commission considered all pertinent testimony ofFered at the public hearing; and WHEREAS, on February 9, 1999, the Lynwood Planning Commission approved Resolution No. 2708 approving CUP No. 1999-04, which allowed for the remodel and expansion of the existing gasoline station and mini mart on the subject property located at the south-west comer of Atlantic Ave and Martin Luther King, Jr. Blvd. ("subject property") within the Heavy Commercial (C-3) zone; and WHEREAS, the applicant is requesting to construct a new 497 sq. ft. self- ` operated carwash ("project") as part of the existing gas station and mini mart; and WHEREAS, the Development Services Department has determined the proposed project is categorically exempt from the California Environmentai Quality Act (CEQA) pursuant to Section 15301 Class 1(c). Section 1. Pu�suant to Sections 25.130.050 and 25.130.080 of the LMC, which requires five (5) findings for the approval of a conditional use permit modification, the Planning Commission hereby finds and determines as follows: A. That the proposed conditional use is consistent with the Lynwood General Plan. The subject property has a Generai Plan designation of Commercial. The applicant is proposing to construct a self service carwash which is consistent with the Commercial designation. Additionally, the applicanYs proposal is consistent with Goal No. 1 of the Community Design Element located in the City's Generai Plan. Goal No. 1 indicates that the City should encourage physical development " i which enhances the positive image of the City as a ba�anced 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 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 reiiuction 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 rype of use, scale, intensity of development, architectural character, and other impacts upon the community. z Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit Modification No. 1999-04, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The Variance and Conditional Use Permit Modificetion approval must be acted upon within one year. The Variance shall become null and void 365 days from the date of approval if not acted on within this period. The . expiration date is September 13, 2012. One e�ctension of up to 1 year may be granted if the eutension 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 by all City Departments. 3. The project shall be developed in accordance with plans approved by the Lynwood Planning Commission and on file in the Development Services Department, Planning Division. 4. Any proposed subsequent modification of the project site or structures thereon shall be first reported to the Development Services Department for review and written approva! of said modifications. 5. The Applicant shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution. 6. Conditions of approval shall be printed on plans to submission to the Building and Safety Division for plan check. � 7. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission, 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 an application and pay a fee of $920.26. 3 8. The Applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of this approval. The applicant shall reimburse and indemnify the City, its agents, officers or employees for any award, court costs, and attorney's fees which the City, its agents, ofFicers, or employees may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve Applicant of his obligations under this condition. PLANNING DIVISION 9. Conditions of Approval established by Resolution No. 2708, approving CUP No. 1999-04 shall remain in effect. 10. Uses on the property are limited to the existing convenience store, gasoline service and the proposed self-service carwash only. No take-out, sit-down or drive- thru eating establishments are permitted on the properly. 11. The self-service carwash will be limited to normal business operations of the existing convenience store and service station. The carwash shall operate between the hours of 7:00 a.m. to 10:00 p.m. only, Monday through Sunday and shall comply with Section 3-12 (Noise) of the Lynwood Municipal Code. 12. No automobile detailing services or temporary canopies are permitted on the property. 13. Automotive uses shall provide adequate vehicular circulation so as not to create ' traffic problems. 14. There shail be no repair of automobiles on this site other than the adding of fluids or air. 15. There shall be no storage of vehicles of any kind on this site. 16. All existing and proposed landscaping including palm trees shall be continually and regularly maintained. 17. Applicant shall provide new trash 10' x 7' CMU trash enclosure with decorative roof trellis and screening. 18. Applicant shall provide decorative stone on bases of gasoline service canopy to match proposed conditions of convenience store. 4 � 19. All driveway and parking areas stiall be paved with concrete and permanently maintained as well as have sufficient lighting for security. Such vehicle access and parking areas shall remain clear and accessible for vehicles at all times. Vehicle parking stalls shall be delineated and have bumper guards. Handicap parking stalls shall be provided in compliance with American with Disabilities Act (ADA) standards. 20. Any artificial light shall be installed to reflect away from adjoining properties. 21. Applicant shall provide decorative stone on base of existing monument sign. 2Z. Applicant shall relocate existing roof fire ladder from the north of the buitding to the south side of the building. 23. Prior to installing signs, a sign permit shall be applied for, approved and obtained from the Department of Development Services. 24. The Applicant may not install flashing signs, roof signs, portable signs, including A- frames and sandwich boards. The Applicant may not paint any wall signs, place inflatable signs, balloons or flags, and may not piace any signs in the public right of way. Signs shall not be installed on trees, light poles, fences or landscaping features. 25. The Applicant shall maintain a pro-active approach to the elimination of graffiti � from the structures, fences and accessory buildings and service canopy on a I daily basis. Graffiti shali be removed within twenry-four (24) hours. � 26. Address numbers for each tenant space shall be maintained at all times. Such i address numbers shall be subject to approval of the Los Angeles County Fire ; Department. ' i 27. A�I proposed security measures (i.e. guard, dogs, alarms, barb wire, etc.) shall be � reviewed by the Planning Division and the Sherriff's Department prior to ' implementation. j I BUILDING AND SAFETY DIVISION � � 28. Ali construction shall meet or exceed the minimum building standards that are referenced in the following codes. ; • The California Building Code - 2010 edition; � • The Califomia Plumbing Code - 2010 edition; � • The California Mechanical Code - 2010 edition; s . The Los Angeles County Fire Code — 2010 edition; ' • The National Electrica4 Code — 2005 edition; All as amended by the Califomia 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. 29. Applicant/property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. PUBLIC WORKS DEPARTMENT 30. Close existing most southerly driveway approach and construct sidewalk per APWA standards. 31. Reconstruct one (1) wheelchair ramp at: south-west corner of Atlantic Ave. and Martin Luther King, )r. Blvd. 32. A permit from the Engineering Division is required for all off-site improvements. 33. This development is subjed to the City's Standard Urban Storm-water Mitigation Plan Ordinance (SUSMP). � Pursuant to Section 14:13 of the 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 Storm-water Mitigation Plan shall be signed by the owner(s) and submitted to the Department of Public Works/ Engineering Division. LOS ANGELES COUNTY FIRE DEPARTMENT 34. 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, (323) 890-4243. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. -� Section 3. The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303(c) Class 3: New Construction or 6 Conversion of Small Structures (store, motel, o�ce, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area). Sedion 4. A copy of Resolution No. 3287 and its conditions shall be delivered to the Applicant. APPROVED AND ADOPTED this 13th day of September, 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 �