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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.