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HomeMy Public PortalAboutA 2012-03-13 PLANNING COMMISSIONDEVELOPMENT SERVICES & PLANNING DIVISION AGENDA LYNWOOD PLANNING COMMISSION AND PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD CITY HALL COUNCIL CHAMBERS 11330 BULLIS ROAD LYNWOOD, CA 90262 MAP, J 7 ( March 13, 2012 6:00 P.M. PLANNING COMMISSIONERS C;+ Marvin Aceves Alex Landeros Commissioner Commissioner Kenneth West Bill Younger Chair Commissioner COMMISSION COUNSEL Pam Lee, Assistant City Attorney Law Office of Aleshire and Wynder Cit of LY NWOOD I:11112119 ALL AMERICA Cl Y cA City CLleeting Navvellpq t l l 11330 BULLIS ROAD 1 11 LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 RE CEiV ED CITY GDL S: K-'H C)Pp� : =?CE STAFF Jonathan Colin, Director . Rita Manibusan Karen Figueredo, Manager Planning Associate Octavio Silva Planning Associate i 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: February 14, 2012 6. Reorganization of the Planning Commission SWEARING IN SPEAKERS 7. 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 8. At this time, any member of the public may comment on any issue within the jurisdiction of the Planning Commission that is not on the Agenda. Members of the public may also comment at this time on any Agenda Item that is not scheduled for a public hearing. To preserve continuity, the Planning Commission Chair may, at his /her discretion, request members of the public wishing to comment on Agenda Items for which public hearings are not scheduled to hold their comments until just prior to the Commission's discussion of the Agenda Item in question. CONTINUED REGULAR AGENDA NONE NEW REGULAR AGENDA 9. Tentative Parcel Mao No. 2012 -01 APPLICANT: Habitat for Humanity. 11839 Wright Road APN:6189- 022 -019 2 Proposal Request for approval to divide air -space in order to create two (2) condominium units. The site will be developed with a second residence at the rear of the property. The existing house will remain and the existing garage will be demolished and a new garage will be constructed on property located at 11839 Wright Road, in the R -3 (Multi - Family Residential) zone. Recommendation Staff recommends that the Planning Commission and Parking and Business Improvement District approve Resolution No. 3291, approving Tentative Parcel Map No. 2012 -01. 10. Variance No. 2012 -01 APPLICANT: Aris Sarigianides, Bobo's Hamburgers 3390 Imperial Highway APN: 6173- 001 - 001, 002 & 003 Proposal The subject property is located on the south -west corner of California Avenue and Imperial Highway within the Light Commercial (C -2) zone. The subject property has a General Plan designation of General Commercial. The applicant is proposing to construct a new 233 sq. ft. addition to an existing restaurant in order to provide a drive -thru service window. The C -2 zone permits a restaurant with drive -thru service by right. As part of the applicant's proposal, the applicant will also be remodeling the exterior of the restaurant and re- designing the parking lot and landscape areas. In order to construct the proposed drive -thru service window, the applicant must obtain a variance to reduce the amount of required parking spaces from twenty-five (25) stalls to eighteen (18) stalls. Recommendation Staff recommends that the Planning Commission approve Resolution No. 3290 approving Variance No. 2012 -01 as conditioned. COMMISSION ORALS STAFF ORALS AD]OURNMENT Adjourn to the regular meeting of the Lynwood Planning Commission on April 10, 2012 at 6:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 91 ITEM # 5 February 14, 2012 LYNWOOD PLANNING COMMISSION MEETING. February 14, 2012 Item #1- Call Meeting to Order Chair West called the meeting to order at 6:05 p.m. Item #2- Flag Salute Commissioner Landeros led the Flag salute. Item #3- Swear in of New Commissioner Development Services Director Colin provided an introduction of new Commissioner Marvin Aceves. City Clerk's Office conducted the swearing in of Commissioner Aceves. Development Services Director Colin informed the Commission that Commissioner Patel verbally informed him that she would be resigning after several years of service to the City. Item #4- Roll Call of Commissioners Development Services Director J Colin called roll. Commissioner Patel was absent. Also present were Development Services Director Jonathan Colin, Planning Associate Karen Figueredo, Planning Associate Octavio Silva, Public Works Manager Elias Saikaly, Development Services Manager Rita Manibusan and Counsel Pam Lee. Item #5- Certification of Agenda Posting Chair West asked if the Agenda had been duly posted and Development Services Director Colin indicated that the Agenda was in fact duly posted. Item #6- Reorganization of the Planning Commission Development Services Director Colin explained that the reorganization of the Planning Commission would take place during the March or April meeting dates. Item #7- Swearing in of Speakers Deputy City Clerk Santana swore in all audience members present. Item # 8- Public Orals Antonio Mungia stated that he was supportive of the Planning Commission and particularly happy with Commissioner Aceves appointment to the Commission. Mayor Pro -Tem Alatorre congratulated Commissioner Aceves and thanked the Planning Commission for their work. CONTINUED REGULAR AGENDA NONE NEW REGULAR AGENDA Item # 9- Parking & Business Improvement District (PBID) Annual Spending Plan PREPARED BY: Sarah M. Withers, Director of Community Development Bruno Naulls, Redevelopment Associate SUBJECT: Parking and Business Improvement District (P.B.I.D.) Acceptance of the Annual Spending Plan Development Services Director Jonathan Colin provided a background on the project and informed the Commission that additional City staff was present to address project submittal. Community Development Director Sarah Magana provided a summary of the PBID program and indicated that the City is preparing Commercial Design Standards along Atlantic Blvd. as well as a commercial facade program. Commissioner Younger indicated that he was concerned about the funds in the PBID and what the funds are being used for. Community Development Director Sarah Magana explained program details about the proposed commercial facade program. Commissioner Landeros inquired about contractor screening of employees. It was moved by Commissioner Younger, seconded by Commissioner Landeros to approve the proposed spending plan. ROLL CALL AYES: LANDEROS, YOUNGER, ACEVES, WEST NOES: NONE ABSENT: PATEL COMMISSIONER ORALS Commissioner Landeros indicated that the City Council asked existing Commissioners to reapply for their positions. He indicated that he may or may not be back, but wanted to thank everyone for his time as a Commissioner. Commissioner Aceves thanked everyone and indicated that he was hopeful the City can move in the right direction. Commissioner Younger welcomed the new Commissioner and thanked everyone for his time as a Commissioner. Chair West welcomed the new Commissioner and thanked the Mayor Pro -Tem for his selection. Chair West indicated that he was concerned about flower vendors on Long Beach Blvd. and Imperial Highway. STAFF ORALS Staff all welcomed new Commissioner Aceves. AD30URNMENT It was moved by Commissioner Younger seconded by Commissioner Landeros to adjourn at 6:40 p.m. to the next regular meeting of the Lynwood Planning Commission on March 13, 2012 in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 9 Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services APPROVED AS TO FORM: Pam Lee, City Attorney Planning Commission Counsel ITEM # 9 TPM No. 2012 -01 i ' 4 city of �YNWOOD ia�m p 11330 OULLIS ROAD LYNWOOD, CALIFORNIA 90262 X3101603.0220 DATE: March 13, 2012 TO: Honorable Chair and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services BY: Karen Figueredo, Planning Associate SUBJECT: TENTATIVE PARCEL MAP No. 2012 -01 11839 Wright Road APN 6189 - 022 -019 APPLICANT: Habitat for Humanity PROPOSAL The applicant is requesting approval to divide the space in order to create two (2) condominium units. Currently the site is being developed with a second residence at the rear of the property with an attached two -car garage. The existing house, which consists of a one -story unit with two (2) bedrooms, will remain and the existing garage will be demolished on property located at 11839 Wright Road, in the R -3 (Multi - Family Residential) zone. ANALYSIS & DISCUSSION The subject property totals 11,407 square feet in area and is located on the west side of Wright Road between Josephine Street and Lavinia Avenue. On January 25, 2012 the Site Plan Review Committee approved Site Plan Review No. 2011 -13 to construct a second residence at the rear of the property, one story in height with an attached two -car garage. The existing house will remain; a new bedroom and an attached two -car garage will be added. One guest parking stall will be provided within the property. The subdivision of the Property's air space into two units, one for each unit of residence, requires the approval of a tentative tract map under the California Subdivision Map Act, Government Code Section 664100 et seq., and a notice of the hearing was given, as required under Section 66451.3. Pursuant to Government Code Section 66743.5, the approval or conditional approval of a tentative map requires a finding by the legislative body that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan or any specific plan. The proposed subdivision is consistent with a general plan or specific plan the subdivision is compatible with the objectives, policies, general land uses, and programs specified in such plans. In this case, the proposed subdivision is consistent with Goal Nos. 1 and 3 of the 2006- 2014 Housing Element of the City's General Plan. Goal No. 1 is to provide decent and adequate housing for all current and potential City residents. Also, Policy 1.4 is to provide adequate sites for a variety of housing types, and Policy 1.7 is to encourage the recycling of underutilized residential land, where such recycling is consistent with established land use plans. Here, the subdivision facilitates the development of decent and adequate housing and an appropriate site therefore. Moreover, the subdivision is consistent with Policy 1.7 because it is transforming underutilized residential land in the R -3 zone with one dwelling unit and adding a second unit with adequate parking and other facilities. Second, Goal No. 3 is to assist in achieving housing affordability for all residents as reasonably and financially possible. Also, Policy 3.3 is to provide incentives for and encourage private development of new affordable housing for low- and moderate - income households, and Policy 3.5 is to facilitate the construction of low -and moderate - income housing. Through this subdivision, the City achieves Policies 3.3 and 3.5 by facilitating a new dwelling unit, which will be used for low- or moderate - income housing. ENVI RONMENTAL REVIEW The proposal is categorically exempt from the provisions set forth in the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301(e) (Existing Structures), as the proposed Project will not result in an increase or more than 50 percent of the floor area of the structure before the addition, or 2,500 feet, whichever is less, and CEQA Guidelines Section. RECOMMENDATION Staff recommends that the Planning Commission approve Resolution No. 3291, approving Tentative Parcel Map No. 2012 -01. Attachments: 1. Project Profile 2. Location Map 3. Resolution No. 3291 4. Plans PROJECT PROFILE Tentative Parcel Map No 2012 -01 11839 Wright Road APN 6189 - 022 -019 1 2. 3. a 5. Source and Authority The subdivision meets all the applicable requirements and conditions imposed by the State Subdivision Map Act and the Subdivision Regulation of the Lynwood Municipal Code (LMC) Chapter 24. Property Location and Size The subject property totals 11,407 square feet in area and is located on the west side of Wright Road between Josephine Street and Lavinia Avenue. Existing Land Uses Site Developed North: Residential South: Residential West: Residential East: Residential Land Use Designation The subject property has a General Plan Designation of Residential and the current zoning is R -3 (Multi - Family). The adjoining properties General Plan and Zoning designations are as follows: Site General Plan North: Residential South: Residential West: Residential East: Residential Zoning R -3 (Multi - Family) R -3 (Multi - Family) R -3 (Multi - Family) R -3 (Multi - Family) Site Plan Review The Site Plan Review Committee has reviewed and approved the project and recommends approval of the proposed subdivision, subject to conditions set forth in Resolution No. 3291. 3 6. Code Enforcement History None at the time of this report. 7. Public Response None at the time of this report. 4 LOCATION MAP `Sl 6a V C V o� q. o ADDRESS: 11839 Wright Rd. APN: 6189- 022 -019 CASE No.: Tentative Parcel Map No. 2012 -01 APPLICANT: Habitat for Humanity 5 RESOLUTION No. 3291 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP 2012 -01, TO DIVIDE THE SPACE TO CREATE TWO (2) CONDOMINIUM UNITS ON PROPERTY LOCATED AT 11839 WRIGHT ROAD, ASSESSOR PARCEL NUMBER 6189 - 022 -019, IN THE R -3 (MULTI FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on March 13, 2012 conducted a public hearing; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, the Applicant is requesting approval to divide the space on property located at 11839 Wright Road, in the R -3 (Multi - Family Residential) zone (Property', in order to create two (2) condominium units; and WHEREAS, the Property currently consists of one single -story unit with two bedrooms and a detached two -car garage; and WHEREAS, the Site Plan Review Committee, on January 25, 2012, approved Site Plan Review No. 2011 -13 consisting of the following: (i) demolition of the existing garage and constructions of a new attached two -car garage, (ii) construction of a second residence at the rear of the Property, consisting of a one -story three - bedroom unit and a attached two - car garage, and (iii) provision of one guest parking stall on the Property; and WHEREAS, the subdivision of the Property's space into two units, one for each unit of residence, requires the approval of a tentative tract map under the California Subdivision Map Act, Government Code Section 664100 et seq., and a notice of the hearing was given, as required under Section 66451.3; and WHEREAS, the Development Services Department has determined that the proposal is categorically exempt from the provisions set forth in the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301(e) (Existing Structures), as the proposed Project will not result in an increase or more than 50 percent of the floor area of the structure before the addition, or 2,500 feet, whichever is less, and CEQA Guidelines Section NOW THEREFORE, BE IT RESOLVED, that the Planning Commission hereby does find, determine, and declare based upon evidence presented to it as follows: Section 1. The facts and conclusions referenced above are incorporated as if fully set forth herein, and the findings made by the Planning Commission herein are supported by substantial evidence contained in the record of this proceeding. Section 2. The subdivision meets all the applicable requirements and conditions imposed by the California Subdivision Map Act, Government Code Section 664100 et seq., and the Subdivision Regulations of the Lynwood Municipal Code. Section 3. The proposed subdivision of lots is consistent with the applicable elements of the General Plan and the Official Zoning Ordinance of the City of Lynwood, pursuant to Section 66473.5 of the Government Code. The proposed subdivision is consistent with Goal Nos. 1 and 3 of the 2006 -2014 Housing Element of the City's General Plan. Goal No. 1 is to provide decent and adequate housing for all current and potential City residents. Also, Policy 1.4 is to provide adequate sites for a variety of housing types, and Policy 1.7 is to encourage the recycling of underutilized residential land, where such recycling is consistent with established land use plans. Here, the subdivision provides an appropriate site for and facilitates the development of decent and adequate housing. Moreover, the subdivision is consistent with Policy 1.7 because it changes underutilized residential land in the R -3 zone into two dwelling units with adequate parking and other facilities. Second, Goal No. 3 is to assist in achieving housing affordability for all residents as reasonably and financially possible. Also, Policy 3.3 is to provide incentives for and encourage private development of new affordable housing for low- and moderate - income households, and Policy 3.5 is to facilitate the construction of low- and moderate - income housing. Through this subdivision, the City achieves Policies 3.3 and 3.5 by facilitating a new dwelling unit, which will be used for low- or moderate - income housing. Section 4 . Perpetual ingress /egress agreement will be made for adequate ingress and egress to the subdivided lots. Section 5. The Lynwood Planning Commission hereby approves the Tentative Parcel Map No. 2012 -01 (71801) to construct a second residence at the rear of the property, one - story in height with an attached two two -car garage. The existing house will remain and the existing garage will be demolished, and to divide the air space to create two (2) condominium units on property located at 11839 Wright Road (APN 6189 -022 -019) subject to the following conditions: 2 CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The applicant shall meet the requirements of all other City Departments to include Planning, Building & Safety, Public Works, Code Enforcement and Fire. 2. The applicant, or his representative, shall sign a Statement of Acceptance stating that he /she has read, understands, and agrees to the conditions imposed by the Planning Commission, before any building permits are issued. 3. All conditions of approval for SPR No. 2011 -13 are hereby incorporated by reference. PLANNING DIVISION 4. Within twenty-four (24) months, after approval or conditional approval of the Tentative Parcel Map, the applicant shall file with the City of Lynwood, a Final Parcel Map in substantial conformance with the Tentative Parcel Map as Conditional Approval, and in conformance with the Subdivision Map Act and the Subdivision Regulations of the City of Lynwood. 5. Extension of the Tentative Parcel Map approval shall only be considered if the applicant or his /her representative, submits a written request for extension to the Development Services Department stating the reasons for the request, at least thirty (30) days before map approval is due to expire, pursuant to, and in compliance with, Section 25 -180, of the subdivision regulations of the City of Lynwood. 6. Each residence consisting of three or fewer bedrooms shall provide a two -car garage. Residences consisting of four or more bedrooms shall provide a three -car garage. Each enclosed parking stall shall provide 10'X 20' interior clear dimensions. 7. The property shall be maintained in a neat, clean and orderly manner at all times. Inoperable vehicles shall be removed, temporary canopy structures shall be removed, and junk, trash and debris shall be removed. 8. The property owner shall maintain a proactive approach to graffiti removal. Graffiti shall be removed within twenty-four (24) hours. 9. The property shall be surrounded by a solid and sight- obscuring six -foot (6') high fence except the front yard setback area. 3 10. The property owner shall obtain approval from the Los Angeles County Fire Department prior to submittal for building plan check. The applicant shall provide documentation and stamped approved plans to the Development Services Department, Building & Safety Division. PUBLIC WORKS DEPARTMENT/ ENGINEERING DIVISION 11. 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). 12. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six (6'� inches. 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 Environmental Services /Engineering Division. Any and all existing sewer laterals less than six inches (6'� in diameter shall be abandoned at the property line per City instructions. 13. Install two (2) 36" box street tree(s) per APWA standards. Species to be determined by Public Works. A permit to install the trees is required by the Engineering Division. Exact location of the trees will be determined at the time the permit is issued. 14. A permit from the Engineering Division is required for all off -site improvements. 15. 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. 16. This project may be subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost estimate to the Department of Public Works. Building permits and /or demolition permits shall not be issued until developer /project owner contacts the Department of Public Works, Division of Public Works. 4 17. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. BUILDING AND SAFETY DIVISION 18. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: • The Uniform Building Code -2010 edition; • The Uniform Plumbing Code -2010 edition; • The Uniform Mechanical Code -2010 edition; • The Los Angeles County Fire Code -2010 edition; • The National Electrical Code -2010 edition; All as amended by the California Building Code 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 provision shall govern. LOS ANGELES COUNTY FIRE DEPARTMENT 19. The applicant shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040, or contact them at (323) 890 -4243. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. Section 3. A copy of Resolution No. 3291 and its conditions shall be delivered to the applicant. APPROVED AND ADOPTED this 13th day of March, 2012, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: 5 ABSTAIN: APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services Department Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO FORM: Pam Lee, City Attorney Planning Commission Counsel ITEM # 10 VAR No. 2012 -01 City YNWOOD � :,4 Ctt ,�U e¢ttng C6aQQenges � � � � r 11330 BULLS ROAD LYNWOOD. CALIFORNIA 90262 (310) 603-0220 DATE: March 13, 2011 TO: Honorable Chair and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services Octavio Silva, Planning Associate SUB]ECT: 3390 Imperial Highway Assessor's Parcel Number(s): 6173 - 001 -001, 002, 003 Variance No. 2012 -01 APPLICANT: Aris Sarigianides, Bobo's Hamburgers PROPOSAL: The subject property is located on the south -west corner of California Avenue and Imperial Highway within the Light Commercial (C -2) zone. The subject property has a General Plan designation of General Commercial. The applicant is proposing to construct a new 233 sq. ft. addition to an existing restaurant in order to provide a drive -thru service window. The C -2 zone permits a restaurant with drive -thru service by right. As part of the applicant's proposal, the applicant will also be remodeling the exterior of the restaurant and re- designing the parking lot and landscape areas. In order to construct the proposed drive -thru service window, the applicant must obtain a variance to reduce the amount of required parking spaces from twenty - five (25) stalls to eighteen (18) stalls. Bobo's Hamburgers opened its first restaurant in the City of Lynwood in 1975. Today, Bobo's Hamburgers has five (5) restaurant locations throughout the California Southland. Bobo's is undergoing a re- imaging of their merchandising brand as well as their restaurant locations. ANALYSIS & DISCUSSION With regards to the applicant's Variance request, Section 25 -135 of the Lynwood Municipal Code (LMC) provides the variance procedure in which an applicant can be granted relief from zoning provisions when, because of special circumstances applicable to a property including size, shape, topography, location, or surroundings, the strict application of the zoning code would deprive a property of privileges enjoyed by other properties in the vicinity and under the identical zoning classification. Section 25 -65 -6 of the LMC establishes the amount of required parking stalls for a fast food restaurant. Under Table 1 of Section 25 -65 -6 of the LMC, for fast food restaurants, there must be a minimum of 5 spaces plus the greater of: (i) 1 space for every 3 seats, or (ii) 10 spaces per 1,000 square feet of gross floor area. Currently, the existing restaurant has 48 fixed seats and 1790 sq. ft. of gross floor area. The applicant is proposing to construct an additional 233 sq. ft. with no additional seats to the existing building in order to provide a drive -thru window service. Thus, the applicant is required to provide a total of twenty-five (25) off- street parking spaces. The submitted site plan indicates that eighteen (18) parking spaces will be provided, which results in a shortage of seven (7) spaces (Exhibit No. 1). In addition to the 18 parking spaces, the applicant has designed the drive - thru lane in order to accommodate six (6) queuing spaces for patron vehicles ahead of the menu board as required by Section 25 -65 -6 (Table 1) of the LMC. The Public Works Department worked with the applicant in designing the proposed drive -thru lane as well as reviewed on -site vehicle circulation for the property. In terms of the applicant's proposal to remodel the existing restaurant building, Section 25- 150 -20 of the LMC requires that any commercial fagade remodel be submitted through the City's Site Plan Review Process. The Site Plan Review Committee has reviewed the proposed building remodel as well as the re- designing of the parking lot and has determined that it meets code requirements. The restaurant's remodel is consistent with Bobo's new re- imaging campaign, which includes a new paint scheme and building signage (Exhibit No. 2). REQUIRED FINDINGS Section 25 -135 -6 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. 2 A. That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone. The subject property experiences exceptional circumstances related to its substandard lot depth. The lot depth is 150 feet long, which does not meet the required depth of 200 feet for a C -2 zoned property, and other properties within the vicinity and C -2 zone normally have at least a lot depth of 200 feet. This extraordinary condition severely adversely impacts the applicant's ability to provide additional parking spaces, while maintaining required landscaping and areas for vehicle circulation. B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone, but which is denied the property in question. The applicant's variance request is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the vicinity and zone, given the subject site's size, and location. Without the variance, the property owner would not be allowed to construct the proposed drive through window, due to the substandard lot depth of the property, while other property owners with approximately the same acreage and lot depth of at least 200 feet would be able to construct and operate a fast food restaurant of roughly the same floor area with a drive through window because they would have adequate lot depth. Also, the inability to construct the proposed project would negatively impact the business owner's sales compared to other properties in the area of roughly the same floor area that have a drive -thru service. C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. The applicant's proposal to provide a drive -thru window service will not be detrimental to the public welfare or injurious to properties or improvements in the vicinity because the City has reviewed the applicant's proposal and has established a list of Conditions of Approval. Conditions of Approval have been included in order to mitigate any negative impacts such as obtrusive noise and lighting to adjacent properties by requiring that the proposed menu board and speaker be positioned away from neighboring properties. E' 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 will be operating a restaurant with drive -thru service, which is a use that is permitted in the C -2 zone as listed under Appendix A of the LMC, and the Zoning Code provisions regarding required parking spaces contemplated a minimum of 200 feet for lot depth and did not contemplate the substandard lot depth present in applicant's property. 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 other applicable zoning and building regulations as well as with the policies and goals established by the City's General Plan. The unique size and location of the applicant's property, being located on a major arterial within the C -2 zone and with a substandard lot depth, creates a circumstance that can be addressed through the Variance and does not grant a special privilege since other properties within the C -2 zone have the required minimum 200 feet lot depth. F. That the Variance request is consistent with the General Plan of the City of Lynwood. The subject property is improved with a full - service fast -food restaurant and has a General Plan designation of Commercial. The applicant is proposing to construct a drive -thru window service which is consistent with the Commercial designation. Additionally, the applicant's proposal is consistent with Goal No. 1 of the Community Design Element located in the City's General Plan. Goal No. 1 indicates that the City should encourage physical development which enhances the positive image of the City. The construction of the drive -thru window as well as the accompanying restaurant remodel will include new design features, an updated color palate and landscaping, which enhance the positive image of the City. ENVIRONMENTAL ASSESSMENT The Development Services Department has determined that proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(e) (Existing Structures), as the addition 4 to the existing structure will not result in an increase or more than 50 percent of the floor area of the structure before the addition, or 2,500 feet, whichever is less, and CEQA Guidelines Section 15303(c) (New Construction or Conversion of Small Structures), as the proposed project is a commercial building not exceeding 10,000 square feet in floor area on a site zoned for such use. RECOMMENDATION Staff recommends that the Planning Commission approve Resolution No. 3290 approving Variance No. 2012 -01 as conditioned. Project Profile Location Map Exhibit No. 1- Site Plan Exhibit No. 2- Proposed Elevations Resolution No. 3290 Plans 6 PROJECT PROFILE Variance No. 2012 -01 3390 Imperial Highway Assessor Parcel Number (s): 6173 - 001 -001, 002, 003 1. Source and Authority The findings required in order to make a major variance determination are located in Chapter 25 of The Lynwood Municipal Code within Article 135. 2. Property, Location and Size The subject property is comprised of three (3) lots. Combined, the three lots are approximately 15,000 sq. ft. The site is located on south -west corner of California Avenue and Imperial Highway. 3. Existing Land Uses Site Developed North: Commercial South: Multi - Family Residential West: Commercial East: Commercial 4. Land Use Designation The subject parcel has a General Plan designation of Commercial, which is consistent with the C -2 (Light Commercial) zone. The adjacent properties General Plan and Zoning designations are as follows: Site General Plan Zonino North: Commercial C -2 (Light Commercial) South: Commercial R -3 (Multi - Family Residential) West: Commercial C -2 (Light Commercial) East: Commercial C -2 (Light Commercial) 5. Site Plan Review The Site Plan Review Committee has reviewed and approved the project. 6. Code Enforcement History None on record at the time of this report. 7. Public Response None on record at the time of this report. 0 LOCATION MAP ADDRESS: 3390 Imperial Highway APN: 6173-001-001,002,003 CASE NO.: Variance No. 2012 -01 APPLICANT: Aris Sarigianides, Bobo's Hamburgers 7 ---- - - - - -- -- - - -$ u �^ Nonon Ave > Nonon Ave i E c.m.r dV G a Las :ores Blvd � los Flores Brotl SUB \vaI 11 -'yrg Los Fores Bmd n cnn I m' Er ?,mo N Oro. c 9an� of S ]tA_ Hvry enema r]9p .o rl'1 FMr ` S p Wren vnm . Il onrvi. Impe"aV Bdom wa.« Imperial Hpry - .. 11 augory O A _ esn G. EG GA. O " e, A TL A NTI C "- re "'' IMwY 11 0 O UT Q A UTO CENTER r In @r pnvmY •••' ; M Te: C11- o Bcedn000d Aee v " 51 �Mea •� eeecnveod Ave ' �, er ' Q' $dnbOT 4ve � . ]SJJ - 1 ADDRESS: 3390 Imperial Highway APN: 6173-001-001,002,003 CASE NO.: Variance No. 2012 -01 APPLICANT: Aris Sarigianides, Bobo's Hamburgers 7 m x Z 0 Ya t i SOUTH ELEVATION 4LAL F I I I F-T WEST ELEVATION NORTH ELEVATION EAST ELEVATION I I I.T �T PARKING CODE REQUIREMENTS PROJECT DATA BOBOS HAMBURGERS I-l"T 11T -1 I.. . . ..... 1 - I E 1 E Tll T"It" , 2 1' PARKING NOTES o 114-Al ix A. T.1 I LANDSCAPELEGEND SITE LIGHTING h ITII -1. LANDSCAPE NOTES 1 4` �­I- IA .G ELEVA�ONR 47- - - AILI' SITE PLAN " 04L4 IIIIIII-I.T I-- SHT 1 'A t i SOUTH ELEVATION 4LAL F I I I F-T WEST ELEVATION NORTH ELEVATION EAST ELEVATION I I I.T �T PARKING CODE REQUIREMENTS PROJECT DATA BOBOS HAMBURGERS I-l"T 11T -1 I.. . . ..... 1 - I E 1 E Tll T"It" , 2 1' PARKING NOTES o 114-Al ix A. T.1 I LANDSCAPELEGEND SITE LIGHTING h ITII -1. LANDSCAPE NOTES 1 4` �­I- IA .G ELEVA�ONR 47- - - AILI' SITE PLAN " 04L4 IIIIIII-I.T I-- SHT 1 m x Z 0 L NORTH ELEVATION /IMPERIAL WEST ELEVATION / IMPERIAL BOBOS HAMBURGERS WEST ELEVATION / DRIVE -THRU SHT 2 EXISTING BUILDING SOUTH GATE BOBOS LOCATION 2012 BRAND UPGRADE RESOLUTION NO. 3290 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2012 -01 TO REDUCE THE AMOUNT OF REQUIRED ON- SITE PARKING FROM 2S TO 18 STALLS IN CONJUNCTION WITH THE CONSTRUCTION OF A DRIVE -THRU WINDOW AND SERVICE LANE AT AN EXISTING EATING ESTABLISHMENT LOCATED AT 3390 IMPERIAL HIGHWAY IN THE LIGHT COMMERCIAL ZONE, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 6173- 001 -001, 002, 003, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning, pursuant to law, on March 13, 2012 conducted a public hearing; and WHEREAS, the Lynwood Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, the Applicant is requesting to construct a new 233 sq. ft. addition to a 1790 sq. ft. existing restaurant located at 3390 Imperial Highway, Lynwood, California ( "Property"), in the Light Commercial (C -2) Zone, to provide a drive -thru service window and service lane ( "Project "), and the Property is approximately 15,000 sq. ft. with a lot depth of 150 feet, which is less than the required 200 sq. ft. minimum lot depth for a C -2 zoned property; and WHEREAS, under Table 65 -1 of 25 -65 -6 of the Lynwood Municipal Code ( "LMC "), for fast food restaurants, there must be a minimum of 5 spaces plus the greater of: (i) 1 space for every 3 seats, or (ii) 10 spaces per 1,000 square feet of gross floor area; and WHEREAS, because the existing restaurant has 48 seats and 1790 sq. ft. of gross floor area and the Applicant is proposing to construct an additional 233 sq. ft. to the building for a drive -thru window service, the Applicant is required to provide a total twenty-five (25) parking stalls as well as six (6) queuing spaces before the proposed menu board; and WHEREAS, the Applicant's proposal to redesign the parking area provides a total of eighteen (18) parking stalls, which is seven (7) less than the required total; and WHEREAS, to construct the proposed Project, the Applicant must obtain a Variance to reduce the amount of required parking from twenty-five (25) stalls t0 eighteen (18) because the Property cannot accommodate the twenty-five (25) required parking stalls, due to its lot size, location as a corner lot, and substandard lot depth of less than 200 feet, the minimum lot depth required for all C -2 zoned properties; and WHEREAS, the Development Services Department has determined the proposed Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(e) (Existing Structures), as the proposed Project will not result in an increase or more than 50 percent of the floor area of the structure before the addition, or 2,500 feet, whichever is less, and CEQA Guidelines Section 15303 (c) (New Construction or Conversion of Small Structures), as the proposed Project is a commercial building not exceeding 10,000 square feet in floor area on a site zoned for such use. NOW THEREFORE, BE IT RESOLVED, that the Planning Commission hereby does find, determine, and declare based upon evidence presented to it as follows: Section 1. The facts and conclusions referenced above are incorporated as if fully set forth herein, and the findings made by the Planning Commission herein are supported by substantial evidence contained in the record of this proceeding. Section 2 . Pursuant to Section 25.135.6 of the LMC, 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 extraordinary circumstances or conditions applicable to the Property which do not apply generally to other properties in the same vicinity and zone. The Property experiences exceptional circumstances related to its substandard lot depth. The lot depth is 150 feet long, which does not meet the required depth of 200 feet for a C -2 zoned property, and other properties within the vicinity and C -2 zone normally have at least a lot depth of 200 feet. This extraordinary condition severely adversely impacts the Applicant's ability to provide additional parking spaces, while maintaining required landscaping and areas for vehicle circulation. B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone, but which is denied the Property in question. The Applicant's variance request is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the vicinity and zone, given the subject site's size, and location. Without the variance, the 2 property owner would not be allowed to construct the proposed drive through window, due to the substandard lot depth of the Property, while other property owners with approximately the same acreage and lot depth of at least 200 feet would be able to construct and operate a fast food restaurant of roughly the same floor area with a drive through window because they would have adequate lot depth. Also, the inability to construct the proposed Project. Also, the inability to construct the proposed Project would negatively impact the business owner's sales compared to other properties in the area of roughly the same floor area that have a drive -thru service. C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. The applicant's proposal to provide a drive -thru window service will not be detrimental to the public welfare or injurious to properties or improvements in the vicinity because the City has reviewed the applicant's proposal and has established a list of Conditions of Approval. Conditions of Approval have been included in order to mitigate any negative impacts such as obtrusive noise and lighting to adjacent properties by requiring that the proposed menu board and speaker be positioned away from neighboring properties. 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 will be operating a restaurant with drive - thru service, which is a use that is permitted in the C -2 zone as listed under Appendix A of the LMC, and the Zoning Code provisions regarding required parking spaces contemplated a minimum of 200 feet for lot depth and did not contemplate the substandard lot depth present in Applicant's Property. 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 other applicable zoning and building regulations as well as with the policies and goals established by the City's General Plan. The unique size and location of the Applicant's Property, being located on a major arterial within the C -2 zone and with a substandard lot depth, creates a circumstance that can be addressed through the Variance and does not grant a special privilege since other properties within the C -2 zone have the required minimum 200 feet lot depth. 3 F. That the Variance request is consistent with the General Plan of the City of Lynwood. The subject property is improved with a full - service fast -food restaurant and has a General Plan designation of Commercial. The applicant is proposing to construct a drive -thru window service which is consistent with the Commercial designation. Additionally, the applicant's proposal is consistent with Goal No. 1 of the Community Design Element located in the City's General Plan. Goal No. 1 indicates that the City should encourage physical development which enhances the positive image of the City. The construction of the drive -thru window as well as the accompanying restaurant remodel will include new design features, an updated color palate and landscaping, which enhance the positive image of the City. Section 3. The Planning Commission of the City of Lynwood hereby approves Variance No. 2012 -01 subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The Variance 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 March 13, 2013. One extension of up to 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 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, structures thereon or hours of operation for the drive -thru service window shall be first reported to the Development Services Department for review and written approval of said modifications prior to any modification. 4 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. 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. The Applicant is required to submit an Address Change request and pay the required $234.22 fee. 10. The Applicant is required to pay the required Site Plan Review fee of $702.00. 11. The proposed menu board and speaker shall be positioned in a manner to limit noise and light to adjacent residential uses. 12. The hours of operation for the proposed drive -thru service window is limited to Sunday, 7:00 a.m. to 12:00 a.m. and Monday through Saturday, 7:00 a.m. to 1:00 a.m. 13. The trash enclosure shall be kept in a secure manner at all times and regularly maintained for removal of graffiti and debris, which shall be removed within twenty-four (24) hours of deposit or notice thereof. 14. All existing and proposed landscaping shall be continually and regularly maintained. 5 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 shall 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 inflatable signs, balloons or flags, and may not place any signs in the public right of way. Signs shall not be installed 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 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. BUILDING AND SAFETY DIVISION 22. All construction shall meet or exceed the minimum building standards that are referenced 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 California Electrical Code — 2010 edition; R 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. 23. Applicant/ property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. PUBLIC WORKS DEPARTMENT 24. Provide documentation that lots composing the property were legally tied together to the satisfaction of the Department of Public Works/ Engineering Division. After reviewing the documents, the Department of Public Works/ Engineering Division may require the submission and recordation of parcel /tract map or lot merger. 25. Submit a copy of property deed or recent title report to the Department of Public Works/ Engineering Division. 26. Submit a drainage plan. Drainage will be checked by the Department of Public Works/ Engineering Division. No permits will be issued prior to the approval of a drainage plan. 27. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by the Department of Public Works/ 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). LOS ANGELES COUNTY FIRE DEPARTMENT 28. 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). VA Section 4. A copy of Resolution No. 3290 and its conditions shall be delivered to the Applicant. APPROVED AND ADOPTED this 13th day of March, 2012, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Jonathan Colin, Director Development Services Department Kenneth West, Chair Lynwood Planning Commission Pam Lee, Agency Attorney Planning Commission Counsel 3