HomeMy Public PortalAboutOrd. 1647ORDINANCE NO. 1647
AN ORDINANCE OF THE CITY OF LYNWOOD APPROVING ZONE CHANGE NO.
2010 -01, CHANGING THE ZONING DESIGNATION FROM R -3 (MULTI- FAMILY
RESIDENTIAL) TO C -2A (MEDIUM COMMERCIAL) AND GENERAL PLAN
DESIGNATION FROM RESIDENTIAL TO COMMERCIAL TO ALLOW THE
DEVELOPMENT OF 10,581 SQUARE FOOT "FRESH & EASY" NEIGHBORHOOD
MARKET ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF LONG
BEACH BOULEVARD BETWEEN PLUMA STREET AND NORTON AVENUE,
ASSESSOR PARCEL NUMBER 6170 - 031 -018 AND 6170 - 034 -023, CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
WHEREAS, at the public hearing held on September 6, 2011, the City Council
considered all pertinent testimony offered at the public hearing; and
WHEREAS, at a public hearing held on August 9, 2011, the City's Planning
Commission studied this issue and forwarded a recommendation that the City Council
approve the proposed Zone Change and General Plan Amendment; and
WHEREAS, on July 27, 2011 the Design Review Board recommended approval
of the project to a 10,581 square foot "Fresh & Easy" Neighborhood Market ; and
WHEREAS, on August 9, 2011 the Lynwood Planning Commission approved
Conditional Use Permit No. 2010 -04 to construct a 10,581 square foot "Fresh & Easy"
Neighborhood Market with forty three (43) parking stalls; and
WHEREAS, on August 9, 2011 the Lynwood Planning Commission approved
Conditional Use Permit No. 2010 -05 for a Type 20 Alcoholic Beverage Control (ABC)
license for the off -site sale of beer and wine; and
WHEREAS, on August 9, 2011 the Lynwood Planning Commission approved
Tentative Parcel Map No. 2010 -01 to consolidate eight (8) parcels into one parcel; and
WHEREAS, on August 9, 2011 the Lynwood Planning Commission approved
Initial Study /Negative Declaration to construct to construct a 10,581 square foot
structure; 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 the Long Beach Boulevard Specific Plan and would
be an appropriate zone for the location and development of the project; and
WHEREAS, the Development Services Department performed an Initial
Study /Negative Declaration and has determined that the project will not have significant
impacts on the environment; therefore the project is exempt from review under
California Environmental Quality Act ( "CEQA ") Guideline Section 15061(b)(3).
Conditions of approval have been incorporated into the project that would protect the
public health, safety and welfare and ensure quality development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Pursuant to Lynwood Municipal Code ( "LMC ") Section 25- 115-4,
pertaining to the findings required to approve a zone change or zoning code amendment,
the City Council hereby finds and determines as follows:
A. The proposed zone change from R -3 to C -2A (Medium Commercial) zoning
designation of the Project Site is consistent with goals and policies set forth
in the Lynwood General Plan Land Use, Long Beach Specific Plan and
Economic Development Elements. The C -2A zoning designation supports
the General Plan Land Use Goal LU -2 by providing a range of commercial
sites within the Planning Area to serve the needs of those living, working,
and visiting Lynwood. The Commercial designation is intended to provide
for general merchandising and retailing establishment that serves the needs
of the residents of Lynwood.
B. The C -2A (Medium Commercial) zoning designation will not adversely affect
surrounding properties and would not negatively impact the public health,
safety, or welfare or properties in the vicinity. Other properties surrounding
the Project Site are commercial uses, and properties directly to the north,
west, and east are all C -2A (medium commercial) zoned.
Section 2. Pursuant to Lynwood Municipal Code ( "LMC ") Section 25- 110 -3,
pertaining to the findings required to approve a general plan amendment, the City Council
hereby finds and determines as follows:
A. That the proposed amendment is in the public interest and that there will
be community benefits resulting from the amendment; the Commercial
designation will allow the construction of a neighborhood market which will
enhance and benefit the community.
B. That the proposed amendment is consistent with the goals, policies, and
objectives of the general plan; the Commercial designation supports the
General Plan Land Use Goal LU -2 by providing a range of commercial
sites within the Planning Area to serve the needs of those living, working,
and visiting Lynwood.
C. That the proposed amendment will not conflict with provisions of this
zoning code, subdivision regulations.
D. In the event that the proposed amendment is a change to the land use
policy map that the amendment will not adversely affect surrounding
properties. The proposed project to construct a neighborhood market
provides easier access to fresh produce, prepared goods, and other food
items within walking distance from many residences The amendment will
allow developing a commercial project which complements the
surrounding area
Section 3. Consistent with the Planning Commission's recommendation, the
City Council hereby approves Zone Change No. 2010 -01, changing the zoning
designation of the Project Site from R -3 to C -2A (Medium Commercial), and General
Plan Amendment No. 2010 -01 subject to all conditions, restrictions and limitations set
forth as follows:
CONDITIONS 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.
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.
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 shall 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 walls 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 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. 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.
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 exterior 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, 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 merchandize 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
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:
• 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).
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 lateral
and shall provide proof of its integrity 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
improvements.
Division is required for all off -site
54. All 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.
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 (323) 890 -4243.
Final approvals from the Los Angeles County Fire Department must be
obtained prior to issuance of any building permits.
Section 4. The City Council of the City of Lynwood, based upon the
aforementioned findings and determinations, hereby approves Zone Change No. 2011-
01 changing the zoning designation for property located at the northwest corner of Long
Beach Boulevard between Norton Avenue and Pluma Street (Assessor Parcel Number
6170 - 034 -018 and 6170 - 034 -023) from R -3 (Multi - Family Residential) to C -2A (Medium
Commercial).
Section 5. Pursuant to the California Environmental Quality Act (CEQA), the
Planning Division prepared an Initial Study /Negative Declaration and has demonstrated
that the project would not have a significant impact on the environment. On August 9,
2011 the Planning Commission approved and adopted such document.
First read at a regular meeting of the City Council held on the 6th day of September,
2011 and adopted and ordered published at a regular meeting of said Council held on
the 20th day of September, 2011.
PASSED, APPROVED, and ADOPTED this 20th day of September, 2011.
ATTEST:
aria Quinonez, City Clerk
APPROVED AS TO FORM:
Fred Galante, City Attorney
Aide Castro, Mayor
'•�- I 1r; e-
APPROVED AS TO CONTENT:
i"
Jona an Colin, Director
Dev opment Services
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Ordinance was duly adopted by the City Council of the City of
Lynwood at its regular meeting held on the 20th day of September, 2011.
AYES: COUNCIL MEMBERS FLORES, SANTILLAWBEAS, MORTON AND
CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBER RODRIGUEZ
i
WMaria Quinonez, ity CI rk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1647 in my office and that said Ordinance was adopted
on the date and by the vote therein stated. Dated this 20th day of September, 2011.