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
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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
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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
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ADDRESS: 3390 Imperial Highway
APN: 6173-001-001,002,003
CASE NO.: Variance No. 2012 -01
APPLICANT: Aris Sarigianides, Bobo's Hamburgers
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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