HomeMy Public PortalAboutA 2012-04-10 PLANNING COMMISSION Y
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11330 BULLIS ROAD
° LYNWOOD, CALIFORNIA 90262
DEVELOPMENT SERVICES (310) 603 -0220
& PLANNING DIVISION
AGENDA
LYNWOOD PLANNING COMMISSION
AND
PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD
CITY HALL COUNCIL CHAMBERS Dv (k) 205 +ei
11330 BULLIS ROAD E
LYNWOOD, CA 90262
APR D 5 2012
April 10, 2012 CITY OF ! r• V UOD
6:00 P.M. CITY CLE q;A•: S OFFICE
rA r
PLANNING COMMISSIONERS C Ic, 1c Ic t . °.
Marvin Aceves Kim Battle Alex Landeros
Commissioner Commissioner Commissioner
Kenneth West Bill Younger
Chair Commissioner -
COMMISSION COUNSEL
Pam lee, Assistant City Attorney
Law Office of Aleshire and Wynder
STAFF
Jonathan Colin, Rita Manibusan Karen Figueredo, Octavio Silva
Director Manager Planning Associate Planning Associate
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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:
March 13, 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. Conditional Use Permit No. 2012 -02
APPLICANT: Vincent Chang.
3500 Martin Luther King Jr. Blvd.
APN: 6191-015-010
2
Proposal
Request for approval to establish and operate a small recycling facility utilizing two (2) metal
containers. The property is currently developed with a market. The containers would be
located at the side of the property and screened with a metal fence. The property is located at
3500 Martin Luther King Jr. Blvd. in the C -2 (Light Commercial) zone.
Recommendation
Staff recommends that the Planning Commission and Parking and Business Improvement
District approve Resolution No. 3292, denying Conditional Use Permit No. 2012 -02.
COMMISSION ORALS
STAFF ORALS
ADJOURNMENT
Adjourn to the regular meeting of the Lynwood Planning Commission on May 8, 2012 at 6:00 p.m. in
the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262.
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Item No. 5
LYNWOOD PLANNING COMMISSION MEETIP
March 13, 2012
Item #1- CaII 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- Roll CaII of Commissioners
Development Services Director Colin called roll. Commissioner Landeros,
Commissioner Younger, Commissioner Aceves and Chair West were present.
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 #4- 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 #5- Minutes of February 14, 2012 Planning Commission Meeting
It was moved by Commissioner Younger, seconded by Commissioner Landeros to
approve the meeting minutes of the February 14, 2012 Planning Commission
meeting.
Development Services Director Colin called roll and the motion to approve the
minutes passed 4 -0.
Item #6- Reorganization of the Planning Commission
Staff recommended that the item be continued to a later meeting date in order
to accommodate the appointment of a new Planning Commissioner as well as
Chair West's re- appointment to the Planning Commission.
t
Item #7- Swearing in of Speakers
City Clerk Maria Quinonez was present to swear in members of the audience.
Item # 8- Public Orals
NONE
CONTINUED REGULAR AGENDA
NONE
NEW REGULAR AGENDA
Item # 9- Tentative Parcel Map 2012 -01: 11839 Wright Road, Habitat
for Humanity
PREPARED BY: Jonathan Colin, Director of Development Services
Karen Figueredo, Planning Associate
SUBJECT: Tentative Parcel Map Request for New Residential Structure
Development Services Director Colin provided a project presentation and
background on the applicant's proposal.
Commissioner Aceves asked a question related to the lot type the applicant is
proposing. Commissioner Aceves also asked about a possible home owner's
association as well as fire hydrant requirements. Development Services Director
provided some background related to the City's development review process and
directed additional questions to the project applicant.
The Commission discussed items regarding possible spot zoning issues as well as
issues with parking requirements on the project site.
The applicant answered Commissioner Aceves' questions and provided
information about the proposed Home Owner's Association.
Commissioner Landeros asked about other Habitat for Humanity projects in the
City of Lynwood. The applicant indicated that they only have one project in the
City at the current moment.
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Chair West inquired about turf material for the proposed project. The applicant
indicated that the material was regular plant materials.
It was moved by Commissioner Younger, seconded by Commissioner Aceves to
approve Resolution No. 3291, approving Tentative Parcel Map 2012 -01.
RESOLUTION NO. 3291: A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE
PARCEL MAP NO. 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.
ROLL CALL
AYES: LAN DEROS, YOUNGER, ACEVES, WEST
NOES: NONE
ABSENT:
Item #10- Variance No. 2012 -02: 3390 Imperial Highway, Bobo's
Hamburgers
PREPARED BY: Jonathan Colin, Director of Development Services
Octavio Silva, Planning Associate
SUBJECT: Parking Variance for Existing Eating Establishment
Development Services Director Colin provided a project presentation and
background on the applicant's proposal.
Commissioner Younger asked for clarification regarding the applicant's parking
variance proposal.
Commissioner Landeros asked about the ambulance service company using the
applicant's parking lot as parking for their trucks. Development Services Director
Colin indicated that the ambulance service is separate from the restaurant and
that signs can be posted on the site regarding "parking for customer's only."
Commissioner Younger indicated that his personal experience is that the parking
lot is never full.
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The project applicant provided a brief background of the proposal to the
Commission.
Chair West inquired about the business' hours of operation. The applicant
indicated that they operate Monday- Sunday.
Commissioner Younger asked a question about graffiti and the applicant
indicated that they address graffiti immediately.
Commissioner Aceves asked a question regarding parking lot lighting. The
applicant indicated that the lighting would be within Title 24 of the Building
Code.
The Commission requested that a condition be added to the Conditions of
Approval requiring the posting of signs within the parking lot to limit parking to
"customers only ".
It was moved by Commissioner Landeros, seconded by Commissioner Aceves to
approve Resolution No. 3290, approving Variance No. 2012 -02.
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 25 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.
ROLL CALL
AYES: LANDEROS, YOUNGER, ACEVES, WEST
NOES: NONE
ABSENT:
COMMISSIONER ORALS
Commissioner Landeros inquired about the swearing in of the new Planning
Commissioner. Development Services Director Colin indicated that the new
Commissioner was chosen and was already in background check.
Commissioner Aceves indicated that he is happy with Habitat for Humanity's use
of LEED practices in the City of Lynwood.
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Commissioner Younger thanked staff and indicated that the Commission should
stay on course with meeting agendas.
Chair West inquired about the flower vendors on Long Beach Blvd. and indicated
that staff was effective in addressing the issue.
STAFF ORALS
Development Services Director Colin provided some background information
regarding current Development Services Department projects such as the new
Starbucks.
ADJOURNMENT
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 April 10, 2012 in the City Hall Council Chambers, 11330 Bullis
Road, Lynwood, California, 90262.
Kenneth West, Chair
Lynwood Planning Commission
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Jonathan Colin, Director Pam Lee, City Attorney
Development Services Planning Commission Counsel
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Item No. 9
DATE: April 10, 2012
TO: Honorable Chair and Members of the Planning Commission
FROM: Jonathan Colin, Director of Development Services
BY: Karen Figueredo, Planning Associate
SUBJECT: Conditional Use Permit No. 2012 -02
3500 Martin Luther King Jr. Boulevard
APN: 6191-015-011
APPLICANT: Vincent Chang
PROPOSAL
The applicant is requesting approval to establish and operate a small recycling facility
utilizing two (2) metal containers on a property is currently developed with a market. The
containers would be located at the side of the property and screened with a metal fence
10' -6" in height. The property is located at 3500 Martin Luther King Jr. Boulevard in the C-
2 (Light Commercial)
BACKGROUND
The subject property is an irregular shaped lot totaling 14,210 square feet in area and is
located on the southwest corner of Martin Luther King and California Avenue.
The property is developed with a 1,484 square foot single story building with eleven (11)
parking stalls. Vehicle access to the property is provided from Martin Luther King Jr. Blvd.
and California Avenue.
The elevations indicate two containers nine (9) feet in height by eight (8) feet wide which
are proposed to be used to store the recycling materials.
On February 26, 2003 the Site Plan Review Committee approved a proposal to operate a
recycling facility subject to "Conditions of Approvals ".
On June 23, 2003 a business license to operate "Lynwood Recycling" a recycling facility
was issued.
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On July 2, 2003 the Site Plan Review Committee approved a proposal to construct a 504
square foot addition to an existing retail building subject to "Conditions of Approvals ".
On April 13, 2004 the Planning Commission approved Conditional Use Permit (CUP) No.
2004 -05 to upgrade the license to sell alcoholic beverages from off -sale beer and wine
(Type 20) to off-sale general in conjunction of the existing market per Resolution No.
2992.
On December 31, 2006 the "Lynwood Recycling" facility closed -out its business license to
operate at 3500 Martin Luther King Jr. Blvd. Per LMC Section 161 -2 (B) "Termination Due
To Cessation Of Use: Any part of a building or land occupied by a nonconforming use in
which that use is discontinued for one hundred and eighty (180) days or more shall
thereafter lose its nonconforming use status. All subsequent uses shall be used in
conformity with the provisions of this zoning code ".
Also, Site Plan Review No. 2003 -03 condition of approval No. 17 states that "In the event
that the recycling center is vacated, abandoned, or suspended, all structures, vehicles,
trailers and /or units shall be removed from the premises within a period of ten (10) days
following the vacation, abandonment or suspension of said premises. Noncompliance with
this Section may be abated as a public nuisance in accordance with Section 3 -13 of the
Lynwood Municipal Code ". Accordingly, Lynwood Recycling removed its containers from
the property after it closed its business.
In January of 2007, the City Council of the City of Lynwood adopted Ordinance No. 1589,
amending the City's Zoning Code. One of the amendments to the code prohibited public
recycling facilities in the Light Commercial (C -2) zone. Lynwood Recycling began its
business operations before the prohibition went into effect.
On or about July 2011, approximately four and one -half years after Lynwood Recycling
ceased its operations and vacated the property, the Applicant began operating a small
collection or mobile recycling facility at the Property without a business license or use
permit issued by the City, and the City issued three (3) administrative citations for the
Applicant's failure to obtain and maintain a business license for the recycling center
business operations.
In summary, the applicant has not been diligent in obtaining the necessary business
license to operate within the City of Lynwood.
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ANALYSIS & DISCUSSION
Lynwood Municipal Code (LMC) Chapter 25.25 sets forth permitted uses, conditionally
permitted uses and development standards for commercial districts. LMC Section 25-
25-9 of the LMC conditionally permits, by CUP, small collection and mobile recycling
facilities of less than 500 square feet, which meet all of the following criteria:
1. Be permitted in commercial centers only.
2. Be established in conjunction with a primary use which is in compliance with
the zoning building, fire, and health codes of the city.
3. Occupy no more than three (3) of the parking spaces required for the primary
use, not including spaces required for the periodic removal of containers or
materials.
4. Not obstruct pedestrian or vehicular circulation.
5. Accept only glass, metals, plastic containers, and paper. Other reusable
materials may be permitted if reviewed and deemed appropriate by the planning
director.
6. Use no power driven equipment other than that required to operate reverse
vending machines.
7. Be constructed and maintained with durable waterproof and rustproof
material.
8. Be secured when the site is not attended.
9. Be of sufficient capacity to accommodate materials collected and the proposed
collection schedule.
10. Be maintained in a clear and litter free condition on a daily basis.
11. Be clearly marked with operating instructions and a telephone number of a
responsible person to call if the facility is out of order.
12. Require no additional parking spaces.
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13. Be attended during their hours of operation, which should be at least as long
as those of the primary use(s) to which they are appurtenant.
Appendix A of Chapter 25 (Zoning) of the Lynwood Municipal Code (LMC") specifically
prohibits recycling facilities within the C -2 (Light Commercial) Zone but allows them by
1 right in the C -2A, C -3, and PCD zones.
The proposed Project is located within the C -2 (Light Commercial) zone, which does not
allow recycling facilities, per Appendix A of Chapter 25 of the LMC. Also, the recycling
facility does not meet the required elements of a mobile recycling facility under LMC
Section 25.25.9(C) because it is not located within a commercial center, which requires
at least three or more commercial establishments planned, constructed, or managed as
a total entity, per Section 25 -200 -1 (Definition) of the LMC.
Staff is recommending denial of the application. If the Planning Commission considers
supporting the application, conditions of approval and mitigation measures should be
implemented to discourage and eliminate such activities as trespass, loitering,
unauthorized alcohol consumption, noise, light, public safety.
FINDINGS REOUIRED TO APPROVE A CONDITIONAL USE PERMIT
Lynwood Municipal Code Section 25.130.050 sets forth five (5) findings the Planning
Commission must make in order to approve a conditional use permit. Following is a 1
summary of findings in bold followed by staff determinations:
A. That the proposed conditional use is inconsistent with the
general plan.
The Applicant's operation of a small collection or mobile recycling facility
at the Property, which is in the C -2 (Light Commercial) zone, is prohibited
under the Appendix A of Chapter 25 of the LMC. Specifically, Appendix A
does not permit any recycling facilities within the C -2 (Light Commercial)
zone, although recycling facilities are permitted by right within the C -2A,
C -3, and PCD zones. Thus, use is inconsistent with the Zoning Map of the
City's General Plan.
Also, the property owner has not fulfilled his obligations on previous
conditions of approval set forth in Site Plan Review, Condition No. 17: "In
the event that the recycling center is vacated, abandoned or suspended,
all structures, vehicles, trailers and /or units shall be removed from the
premises within a period of ten (10) days following the vacation,
abandonment or suspension of said premises. Noncompliance with this
4
Section may be abated as a public nuisance in accordance with Section 3-
13 of the Lynwood Municipal Code ".
B. That the nature, condition, and development of adjacent uses,
buildings, and structures have been considered, and that the use
may adversely affect or be materially detrimental to these
adjacent uses, buildings, or structures.
The recycling facility can be considered a mobile recycling facility because
it is less than 500 square feet, but it is not located in a
commercial /shopping center, as required under Section 25- 25 -9(C) of the
LMC. Under Article 200 of Chapter 25 of the LMC, a commercial /shopping
center requires three (3) or more commercial establishments planned,
constructed, and managed as a total entity, including, customer and
employee parking provided on the site, provision for goods delivery
separated from customer access, aesthetic design consideration, and
protection of the elements. The property only houses 7 -10 Market, and
the adjacent property houses a restaurant and cleaners business. The
properties were not planned, constructed or are managed as a single or
total entity. Because the Project is not located within a commercial center
operated by a single or total entity, it cannot be adequately shown that
adverse effects of a recycling facility, such as loitering and presence of
excessive junk, trash, or debris, will be curtailed or eliminated.
C. That the site for the proposed conditional use is of adequate size
and shape to accommodate the use and buildings proposed.
LMC Section 25- 25 -9(C) states that small recycling facilities and mobile
units (less than 500 square feet) are permitted in commercial centers
only, must take up no more than 3 parking spaces, and must be ancillary
to a primary use that is in compliance with the zoning code among others.
The recycling facility can be considered a mobile recycling facility because
is less than 500 square feet and does not take up more than 3 parking
spaces. The Property can physically accommodate the proposed Project.
D. That the proposed conditional use complies with all applicable
development standards of the zoning district.
Currently the Property is developed with a 7 -10 Market; the market
complies with the development standards set by Site Plan Review No.
2003 -13.
Nonetheless, the proposed Project does not comply with the applicable
development standards of recycling facilities under Section 25 -25 -9 of the
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LMC. Section 25- 25 -9(C) requires small collection and mobile recycling
facilities to be conditionally permitted at commercial centers only, and the
Property does not qualify as a commercial or shopping center because the
Property (or the adjacent property) does not have three (3) or more
establishments that are planned, constructed, or managed as a total
entity, as defined in Article 200 of Chapter 25 of the LMC.
Moreover, the proposed Project is located within the C -2 (Light
Commercial) zone, but recycling facilities are prohibited uses within the C-
2 zone under Appendix A of Chapter 25 of the LMC.
E. That the proposed conditional use fails to observe the spirit and
intent of this zoning code.
The proposed Project is located within the C -2 (Light Commercial) zone,
which does not allow recycling facilities, per Appendix A of Chapter 25 of
the LMC.
Also, the recycling facility does not meet the required elements of a
mobile recycling facility under LMC Section 25.25.9(C) because it is not
located within a commercial center.
ENVIRONMENTAL ASSESSMENT
The Development Services Department has determined that the Project is categorically
exempt from the provisions set forth in the California Environmental Quality Act ("CEQA "),
pursuant to Section 21080(b)(5) of the Public Resources Code, which states that CEQA
does not apply to projects which a public agency rejects or disapproves.
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution 3292 Denying
Conditional Use Permit No. 2012 -02.
Attachments:
1. Project profile
2. Location Map
3. Exhibit No. 1- Resolution No. 2992
4. Exhibit No. 2- SPR No. 2003 -03
5. Exhibit No. 3- SPR No. 2003 -13
6. Resolution No. 3292
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PROJECT PROFILE
Conditional Use Permit No. 2010 -02
3500 Martin Luther King 3r. Blvd.
APN 6191 - 015 -010
1. Source of Authority
Lynwood Municipal Code (LMC) Appendix A identifies recycling facilities as a
prohibited use within the C -2 zone; LMC Chapter 25.25 sets forth requirements and
development standards in commercial zones; LMC Section 25.130.050 sets forth the
findings that must be made by the Planning Commission for approval of a
Conditional Use Permit.
2. Property Location and Size
The subject property is located on the southeast corner of Martin Luther King Jr.
Blvd. and California Avenue the C -2 (Light Commercial) zone. The site totals
approximately 14,210 square feet in area and is developed with a single story
market.
3. Land Use Designations
General Plan Zoning
North: Commercial C -2 (Light Commercial)
South: Commercial P -1 (Parking)
East: Commercial C -2 (Light Commercial)
West: Commercial C -2 (Light Commercial)
4. Site Plan Review
The Site Plan Review Committee has reviewed this project and identified conditions
set forth in Resolution No. 3292.
5. Zoning Enforcement History
No open cases at this time.
6. Public Response
None at this time.
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LOCATION MAP
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Address: 3500 Martin Luther King Jr. Blvd.
Applicant: Vincent Chang
APN: 6191-015-011
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RESOLUTION NO. 2992
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LYNWOOD
APPROVING CONDITIONAL USE PERMIT NO.
2004-05 TO UPGRADE THE LICENSE TO SELL
ALCOHOLIC BEVERAGES FROM OFF -SALE
BEER AND WINE (TYPE 20) TO OFF -SALE
GENERAL IN CONJUNCTION WITH THE
EXISTING MARKET, AND APPROVING
ALCOHOL SALES IN THE 504 SQUARE FOOT
ADDITION AT 3500 MARTIN LUTHER KING JR.
BOULEVARD, IN THE C -2 (LIGHT
COMMERCIAL) ZONE, CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA.
WHEREAS, the Lynwood Planning Commission, pursuant to law, on April 13,
2004 conducted a duly noticed public hearing on the subject application; and
WHEREAS, the Planning Commission considered all oral and written testimony
offered at the public hearing; and
WHEREAS, the Development Services Department has determined that the
proposal is categorically exempt for the provisions of the California Environmental
Quality Act (CEQA) pursuant to section 15301(e)(1).
Section 1 The Planning Commission of the City of Lynwood hereby finds and
determines as follows:
A. The granting of the Conditional Use Permit will not adversely affect the
General Plan. The property C -2 (Light Commercial) zoning is consistent
with the Commercial General Plan Land Use Map Designation. Markets
and recycling facilities are permitted uses in C -2 zones.
B. The location of the conditional use is in accord with the objectives of the
zoning chapter and the purpose of the zone in which is the site is located.
The location and size of the property is adequate to accommodate
expansion of the existing market and operation of the recycling facility.
C. The location of the conditional use and the conditions under which it would
be operated or maintained will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in
the vicinity Conditions of approval are set forth that would reduce potential
impacts to a level of insignificance.
D. The conditional use permit will comply with each of the applicable
provisions of the zoning chapter The property is consistent with and
complies with all development standards set forth in the Lynwood Municipal
Code Section 25 -16.27 pertaining to establishments selling alcoholic
beverages and Section 25 -8 pertaining to properties in the C -2 zone.
,YOIWFIIE PI. NNINGRE=w Exhibit No 1 1-
n n
Section 2. The Planning Commission of the City of Lynwood, based upon the
aforementioned findings and determinations, hereby approves Conditional Use Permit
No. 2004 -05, allowing expansion of the existing market and sales of beer and wine for
off-site consumption (Type 20) provided the following conditions are implemented and
complied with at all times.
CONDITIONS OF APPROVAL
DEVELOPMENT SERVICES DEPARTMENT
1. The business establishment shall comply with all applicable regulations of the
Lynwood Municipal Code, the Califomia Building Code, the Health and Safety
Code and the Los Angeles County Fire Code.
2. Any proposed subsequent modification of the subject site or structures thereon
shall be first reported to the Development Services Department, Planning
Division, for review.
3 The applicant and /or his representative shall sign a Statement of Acceptance
stating that he/she has read, understands, and agrees to all conditions of this
resolution prior to issuance of any building permits.
4. The Conditional Use Permit is valid for a period of one hundred eighty (180) days
from date of approval (i.e. October 13, 2004). The applicant must obtain all
approvals and permits or make substantial progress prior to the expiration date.
5. One (1) extention of ninety (90) days may be granted by the Planning Division,
provided such extension is requested in writing prior to the expiration date.
PLANNING DIVISION
6. The applicant shall implement and maintain the lighting plan for the parking lot
area and the exterior of the business.
7. All parking and traffic circulation areas shall be slurry sealed, delineated and
maintained in good condition. Such vehicle parking and access areas shall
remain clear and accessible for vehicle use at all times.
8. The parking areas, market and recycling facility shall be maintained in a neat,
clean and sanitary condition at all times. Rubbish, trash and debris shall be
removed immediately.
9 The structures shall be painted in colors approved by the Development Services
Department, Planning Division prior to painting.
10. The applicant shall implement alarm and secunty cameras consistent with the
approved plans in the Development Services Department, Planning Division.
11 The applicant shall submit a comprehensive sign plan to be reviewed and
approved prior to the issuance of building permits. Such sign plans shall include
individual channels letters for permanent wall signs.
12. Their shall be no adult entertainment materials pursuant to Lynwood Municipal
Code Section 25 -16.19
13. Landscaping and permanent irrigation shall be installed and maintained subject
to plans reviewed by the Development Services Department, Planning Division.
2
n n _
14. All conditions of approval shall be printed on the cover page of plans prior to
submittal to the Building and Safety Division for plan check.
15. A trash enclosure shall be provided and surrounded on three (3) sides by a solid
masonry, brick or concrete walls a minimum of five feet (5') in height and shall be
enclosed with a solid sight - obscuring gate of the same height.
16. No signs advertising alcohol shall be installed on the building exterior or in
building windows.
17. The applicant shall not permit consumption of alcoholic beverages on site and
shall not permit loitering. Signs prohibint loitering shall be posted.
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 — 2001 edition;
The Uniform Plumbing Code — 2001 edition;
The Uniform Mechanical Code — 2001 edition;
The Los Angeles County Fire Code — 2001 edition;
The National Electric Code — 2001 edition;
All as amended by the California Building Code of 1998.
In case 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 govem.
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 Protection Division, 5823
Rickenbacker Road, Commerce, CA 90040 -3027, (323) 890 -4243.
Section 3. A copy of Resolution No. 2992 and its conditions shall be delivered to
the applicant:
Section 4. Any violation of said conditions in this resolution may result in
revocation or modification of the Conditional Use Permit by the issuing body at a
regularly scheduled meeting.
PASSED, APPROVED AND ADOPTED this it day of April, 2004 by members
of the Planning Commission, voting as follows:
AYES : Abarca, Araujo, Dove, Morton & Reed
NOES NONE
ABSENT Patel
ABSTAIN • Gomez
• WORDFII E OS .!W .a Yra — 3
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Donal Dove, Chairpers n
Lynwood Planning Commission
APPROVED A TO C"NTENT APP'OVFII, ' O FORM:
Ant A
Grant Taylor, • •cial Assistant Je '' I izr•; Deputy City Attorney
Development / ervices Department Planni � g Com Sion Counsel
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V. v y` 11330 BULLIS R OAD
LYNWOOD, CALIFORNIA 90262
(310) 603 -0220
February 26, 2003
Vincent Chang
40 Gillman Street
Irvine, CA 92612
RE: SITE PLAN REVIEW NO. 2003 -03
3500 Martin Luther King Jr. Boulevard
Lynwood, CA 90262
Dear Mr. Chang:
The Site Plan Review Committee has recommended approval of your proposal to
operate a recycling facility. This approval is subject to the following conditions:
CONDITIONS OF APPROVAL
STATE OF CALIFORNIA
1. The applicant must complete a State required certification program, call for by the
CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT,
and the program REGULATIONS; administrated by the State of California
Department of Conservation — Division of Recycling, 801 K Street, Sacramento,
CA. 95814 -3533. Attention MS 15 -59; BEFORE, the City can issue a business
license for this use, and, prior to operating the business
COMMUNITY DEVELOPMENT DEPARTMENT
2. The proposed site development shall comply with all applicable regulations of the
Lynwood Municipal Code, California Building Code and Los Angeles County Fire
Code.
3. Any proposed subsequent modification of the subject property or structures
thereon, shall be first reported to the Community Development Department,
Planning Division for review.
Exhibit No. 2
H \WORDFILE\PLANNING\SPR\spr2003-03 condrt,ans doc t
Site Plan Review No. 2003 -03
February 26, 2003
Page 2
4. The property owner and business operator shall sign a Statements of
Acceptance stating that he/she has read, understands, and agrees to
all conditions set forth in this Site Plan Review before the City can issue
a Business License.
5. The applicant and property owner shall meet the requirements of all other City
Departments.
6. Prior to installation of business sign(s), a sign permit must be applied for and
approved by the Department of Community Development, Planning Division.
Such application shall be accompanied by applicable plans, specifications and
calculations.
PLANNING DIVISION
7. This Site Plan Review approval is for the recycling facility only and shall be
developed and conducted pursuant to the approved plans. The applicant,
business operator or property owner shalt sublease to any other person, entity or
business with approval of the City of Lynwood.
8. The Facility shall be set back a minimum of ten (10') feet from any street line
and shall not obstruct pedestrian or vehicle circulation or encroach into required
landscape areas.
9. The recycling facility shall accept only glass, metals, and plastic containers. The
recycling facility shall not accept petroleum products or hazardous materials.
10. The facility shall use containers that are constructed specifically for that purpose
from durable and rustproof material. The recycling units shall be completely
covered except for such openings necessary for the deposit of recyclable
material, secured from unlawful entry or removal of material and shall be of a
capacity sufficient to accommodate materials collected and collection schedule.
11. Operator(s) shall store all recyclable material in containers or in mobile unit
vehicle, and shall not leave materials outside of containers.
H'.WORDFRLE\ PLANNING \SPR \spr2003 -03 conditions doc 2
Site Plan Review No. 2003 -03
February 26, 2003
Page 3
12. The property shall be maintained free of litter and any other undesirable
materials and kept in a neat and orderly manner at all times.
13. Operation of the recycling facility shall not exceed noise levels of sixty (60) dBA
as measured at the property line of residentially zoned or occupied for
residential use, otherwise shall not exceed seventy (70) dBA.
14. The recycling facility may operate only during the hours between 9:00 A.M. and
7:00 P.M.
15. The recycling facility shall have an attendant present during all hours of
operation at all times.
16. Signs may be provided as follows:
a. Containers shall be clearly marked to identify the type of material
which may be deposited; the facility shall be clearly marked to
identify the name and telephone number of the facility operator
and the hours of operation, and display a notice stating that no
material shall be left outside the recycling enclosure or containers;
shall be no more than sixteen (16) square feet in area.
b. Signs must be consistent with the character of the location.
c. Directional signs, bearing no advertising message, may be installed
with the approval of the Director of Community Development if
necessary to facilitate traffic circulation, or if the facility is not
visible from the public right of way.
17. In the event that the recycling center is vacated, abandoned, or suspended, all
structures, vehicles, trailers and /or units shall be removed from the premises
within a period of ten (10) days following the vacation, abandonment or
suspension of said premises. Noncompliance with this Section may be abated as
a public nuisance in accordance with Section 3 -13 of the Lynwood Municipal
Code.
H ,, WORDFILEWL.WMYG\SPR`sp2003 -03 conditions doc 3
Site Plan Review No. 2003 -03
February 26, 2003
Page 4
18. There shall be no persons loitering at the recycling facility. Patrons shall deposit
recyclable materials and promptly leave the premises.
19. There shall be no consumption or possession of alcoholic beverages at the
recycling facility at any time.
20. Mobile recycling units shall have an area clearly marked to prohibit other
vehicular parking during hours when the mobile unit is scheduled to be present,
and shall be sited in such a way as not to disrupt vehicular traffic.
21. Occupation of parking spaces by the facility and by the attendant(s) may not
reduce available parking spaces below the minimum number required for the
primary host use.
22. Fencing shall be installed pursuant to the approved plans. Such fencing requires
that plans and engineering calculations be submitted, a zoning and building
permit obtained prior to installation.
BULDING AND SAFETY DIVISION
23. All construction shall meet or exceed the minimum building standards that are
referenced in the following codes:
The Uniform building Code- 1998 edition;
The Uniform plumbing Code — 1998 edition;
The Uniform Mechanical Code- 1998 edition
The Los Angeles County Fire Code — 1998 edition;
The National Electric Code —1996 edition;
All as amended by the California Building Code of 1998.
In case 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.
H\ WORDFILE' PLANNING \SPRlspr]o03 -03 conditions doc 4
Site Plan Review No. 2003 -03
February 26, 2003
Page 5
PUBLIC WORKS DEPARTMENT
24. Reconstruct damaged sidewalk along Martin Luther King Jr. Boulevard in front of
the subject property. - •
25. Trim and root prune one (1) existing street tree and install root barriers on
Martin Luther King Jr. Boulevard in front of the subject property.
26. A permit from the Engineering Division is required for all off -site improvements.
LOS ANGELES COUNTY FIRE DEPARTMENT
27. Provide a minimum, unobstructed width of twenty-six feet (26'), clear to the sky,
vehicular access to within 150 feet of all portions of exterior walls of the existing
building.
28. The applicant shall comply with all conditions set forth by the Los Angeles County
Fire Department for this application. Please contact the Los Angeles County Fire
Department, Land Development Unit, Fire Prevention Division, 5823
Rickenbacker Road, Commerce, Ca. 90040 -3027, or call (323)890 -4243.
If you have any question or concerns, please call me at (310) 603 -0220 extension 326.
Sincerely,
Grant Taylor, Depu Director of Planning & Building
Community Development Department
City of Lynwood
cc: Jonathan Colin, Business License Manager
Won Koo Kang & Im Soon Kang
File — SPR 2003 -03
H \WORDFILE \PLANNING \SPR`spr2003 -03 condmons doc 5
F } , city of
MEM
�YNWOOD
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' � LA City LA/Wing Cho/Menges ‘11111
1
11330 BULLIS ROAD
LYNWOOD, CALIFORNIA 90262
(310) 603 -0220
July 2, 2003
Ms. Stella Min' Mr. Vincent Chang
3407 W. 6 Street #807B 40 Gillman Street
Los Angeles, Ca. 90020 Irvine, CA. 92612
RE: SITE PLAN REVIEW NO. 2003 -13
3500 Martin Luther King, 3r. Boulevard, Lynwood
Dear Ns. Min and Mr. Chang:
The Site Plan Review Committee has recommended approval of your proposal to
construct a 504 square foot addition to an existing retail building at 3500 Martin Luther
King, Jr. Boulevard, in the C -2 (General Commercial) zone. This approval is subject to
the following conditions:
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT DEPARTMENT
1. The applicant, or his representative shall sign a Statement of
Acceptance stating he /she has read, understands, and agrees to the
conditions stated herein before issuance of building permits for said
application by the Site Plan Review Committee.
2. The proposed development shall comply with all applicable regulations of the
Lynwood Municipal Code, California Building Code and Los Angeles County Fire
Code.
3. Any proposed subsequent modification of the subject site or structures thereon,
shall be first reported to the Community Development Department, Planning
Division for review.
4. This approval is valid for a one hundred eighty (180) days. At that time all
permits and approval shall be obtained, otherwise this site plan review shall be
reconsidered. An extension of ninety (90) days may be granted upon written
request prior to expiration.
H \ WORDF [LEIPLANNINGl5PRl3pr2003 -I.
Exhibit No 3
5. A minimum of seven (7 %) of the property along its frontage shall be landscaped.
The applicant shall submit detailed landscaped and irrigation plan.
PLANNING DIVISION
6. This development is approved for a minimum of seven (7) customer parking
spaces and one (1) handicap space. The property owner shall not sublease to
other tenants or expand business activities without prior approval from the
Planning Division.
7. The property development shall comply with the approved plans on file in the
Planning Division, Department of Community Development.
8. Prior to installing signs, a sign permit shall be applied for and approved by the
Department of Community Development.
9. Trash enclosure shall be provided and enclosed on three (3) sides with solid
block walls and shall have a sight- obscuring gate. Trash enclosure shall be
located behind and adjacent to the building so that they do not block vehicle or
parking access and are accessible to the solid waste company. And trash
container or container areas shall not be overfilled,
10. All driveway and parking areas shall be permanently paved, maintained, and shall
have sufficient lighting for security. Potholes and damaged areas shall be
repaired and slurry sealed.
11. Parking stalls shall be delineated with and bumper guards.
12. The owners of the property and the business shall maintain a pro - active
approach to the elimination of graffiti from the structures, fences and any
accessory building, on a daily basis.
13. Owner shall upgrade building at 3500 Martin Luther King, Jr. Boulevard to be
architecturally comparable with new addition.
BUILDING AND SAFETY DIVISION
H \WORDFTLE \PLANNING \SPR\spr2003 -13 cond In doc
- 2 -
14. All construction shall meet or exceed the minimum building standards that are
referenced in the following codes.
* The Uniform Building Code- 2001 edition;
* The Uniform Plumbing Code — 2001 edition;
* The Uniform Mechanical Code — 2001 edition;
*The Los Angeles County Fire Code — 1999 edition;
*The National Electric Code — 2001 edition;
All as amended by the California building Code of 2001.
In case where the provision of the California building Code, the City of Lynwood
Municipal Code, or the plan or specification in these plans may conflict, the more
restrictive provisions shall govern.
LOS ANGLES COUNTY FIRE DEPARTMENT
15. Submit two sets of plans to the plans to the Fire Prevention Engineering offices
located at 3161 Imperial Highway, Lynwood, Ca. 90262 (Fire Station #147).
Plans shall contain a minimum of site plan, floor plan, evaluations, door and
window schedules and appropriate section details. Provide only architectural
sheets. No civil, electrical, plumbing, etc.
16. Indicate on plans the Type of construction, Building Code Occupancy
Classification, Area of Each Floor, and Building Area Justification.
17. Provide a minimum unobstructed width of 26 feet, clear to the sky, vehicular
access to within 150 feet of all portions of exterior walls. Cross hatch designated
fire lanes and label them "No Parking" -Fire Lane ". (Note: if the building is 35 feet
tall or greater, the required access width increases 28 feet). Access appears
acceptable as shown.
18. On the site plan show the location of all existing public fire hydrant within 300
feet of all property lines and call out the hydrant size and dimension to property
lines. Also show any on -site hydrant as well.
19. The required fire flow for pubic fi re hydrant at this location is 1000 gallons per or
a minimum of 20 p.s.i for a duration of 2 hours. A 25 % for automatic sprinkler.
H.\ WORDFILE\PLANNING\SPR'sp2003 -13 con&hr doc
3 -
20. The required fire flow for on -site fire hydrant is 2500 gallons per minute at 20 psi.
Each on —site hydrant must be capable of flowing 1250 gallons per minute at 20
psi with any two hydrants flowing simultaneously.
21. Complete and return the original "Water Availability" Form No. 196 (attached),
22. Additional requirements may be imposed (in accordance with applicable codes,
Regulations, standards, policies, etc.) after the above information is reviewed.
23. 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.
PUBLIC WORKS DEPARTMENT
24. Reconstruct damaged curb adjacent to wheel chair ramp located at the
northwest corner of the development. Work shall be done per A.P.W.A.
Standards.
25. Underground existing utilities if any modifications are proposed for the electrical
service panel.
26. A permit from the Engineering Division is required for all off -site improvements.
27. All required water meters, meter service changes and /or fire protection lines
shall be installed by the developer. The work shall be performed by a licensed
contractor hired by the developer. The contractor must obtain a permit from the
public Works/ Engineering Division prior to performing any work.
If you have any questions, please contact me at (310) 603 -0220 extension 247.
Sincerely,
7
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sil cr''. P lanninssociate
Community Development Department
H \WOROF¢G\PLANNING\SPR\spr2003 -13 cond Itr doe
-a -
RESOLUTION NO. 3292
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LYNWOOD
DENYING CONDITIONAL USE PERMIT NO.
2012 -02, A REQUEST TO ESTABLISH A SMALL
RECYCLING FACILITY AT 3500 MARTIN
LUTHER KING 3R. BLVD., IN THE C -2 (LIGHT
COMMERCIAL) ZONE, LYNWOOD,
CALIFORNIA
WHEREAS, the Lynwood Planning Commission, pursuant to law, on April 10,
2012 conducted a public hearing on the subject application; and
WHEREAS, the Planning Commission considered all pertinent testimony offered
at the public hearing; and
WHEREAS, the Applicant is requesting approval for an approval of a conditional
use permit ("CUP ") to operate a small collection or mobile recycling facility of less than
500 square feet ( "Project ") to be located at 3500 Martin Luther King Jr. Boulevard,
Assessor's Parcel No. 6191 - 015 -011, in the C -2 (Light Commercial) zone ( "Property"),
which currently consists of one business, 7 -10 Market; and
WHEREAS, an adjacent property (Assessor's Parcel No. 6191 - 015 -010), which is
owned by a different property owner than that of the Property, consists of a restaurant
and a dry cleaning business; and
WHEREAS, on or about July 2011, the Applicant began operating a small
collection or mobile recycling facility at the Property without a business license or use
permit issued by the City, and the City issued three administrative citations for the
Applicant's failure to obtain and maintain a business license for the recycling center
business operations; and
WHEREAS, Appendix A of Chapter 25 (Zoning) of the Lynwood Municipal Code
("WC) specifically prohibits recycling facilities (collection only) within the C -2 (Light
Commercial) Zone; and
-1-
WHEREAS, Section 25 -25 -9 of the LMC conditionally permits, by CUP, small
collection and mobile recycling facilities of less than 500 square feet, that meet all of
the following criteria:
1. Be permitted in commercial centers only;
2. Be established in conjunction with a primary use which is in compliance with
the zoning building, fire, and health codes of the city;
3. Occupy no more than three (3) of the parking spaces required for the primary
use, not including spaces required for the periodic removal of containers or
materials;
4. Not obstruct pedestrian or vehicular circulation;
5. Accept only glass, metals, plastic containers, and paper. Other reusable
materials may be permitted if reviewed and deemed appropriate by the planning
director;
6. Use no power driven equipment other than that required to operate reverse
vending machines;
7. Be constructed and maintained with durable waterproof and rustproof
material;
8. Be secure when the site is not attended;
9. Be of sufficient capacity to accommodate materials collected and the proposed
collection schedule;
10. Be maintained in a clear and litter free condition on a daily basis;
11. Be clearly marked with operating instructions and a telephone number of a
responsible person to call if the facility is out of order;
12. Require no additional parking spaces; and
13. Be attended during their hours of operation, which should be at least as long
as those of the primary use(s) to which they are appurtenant; and
2
WHEREAS, the Development Services Department has determined that the
Project is categorically exempt from the provisions set forth in the California
Environmental Quality Act ( "CEQA "), pursuant to Section 21080(b)(5) of the Public
Resources Code, which states that CEQA does not apply to projects which a public
agency rejects or disapproves; and
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 -130 -5 of the LMC, which requires five findings
to be made in approving a CUP, the Planning Commission hereby finds and determines
as follows:
A. That the proposed conditional use is inconsistent with the
general plan.
The Applicant's operation of a small collection or mobile recycling facility
at the Property, which is in the C -2 (Light Commercial) zone, is prohibited
under the Appendix A of Chapter 25 of the LMC. Specifically, Appendix A
does not permit any recycling facilities within the C -2 (Light Commercial)
zone, although recycling facilities are permitted by right within the C -2A,
C -3, and PCD zones. Thus, use is inconsistent with the Zoning Map of the
City's General Plan.
Also, the property owner has not fulfilled his obligations on previous
conditions of approval set forth in Site Plan Review, Condition No. 17: "In
the event that the recycling center is vacated, abandoned or suspended,
all structures, vehicles, trailers and /or units shall be removed from the
premises within a period of ten (10) days following the vacation,
abandonment or suspension of said premises. Noncompliance with this
Section may be abated as a public nuisance in accordance with Section 3-
13 of the of the Lynwood Municipal Code ".
B. That the nature, condition, and development of adjacent uses,
buildings, and structures have been considered, and that the use
may adversely affect or be materially detrimental to these
adjacent uses, buildings, or structures.
-3-
I
The recycling facility can be considerd a mobile recycling facility because
is less than 500 square feet, but it is not located in a commercial /shopping
center, as required under Section 25- 25 -9(C) of the LMC. Under Article
200 of Chapter 25 of the LMC, a commercial /shopping center requires
three (3) or more commercial establishments planned, constructed, and
managed as a total entity, including, customer and employee parking
provided on the site, provision for goods delivery separated from customer
access, aesthetic design consideration, and protection of the elements.
The property only houses 7 -10 Market, and the adjacent property houses
a restaurant and cleaners business. The properties were not planned,
constructed or are managed as a single or total entity. Because the
Project is not located within a commercial center operated by a single or
total entity, it cannot be adequately shown that adverse effects of a
recycling facility, such as loitering and presence of excessive junk, trash,
or debris, will be curtailed or eliminated.
C. That the site for the proposed conditional use is of adequate size
and shape to accommodate the use and buildings proposed.
LMC Section 25- 25 -9(C) states that small recycling facilities and mobile
units (less than 500 square feet) are permitted in commercial centers
only, must take up no more than 3 parking spaces, and must be aciallary
to a primary use that is in compliance with the zoning code among others.
The recycling facility can be considerd a mobile recycling facility because
is less than 500 square feet and does not take up more than 3 parking
spaces. The Property can physically accommodate the proposed Project.
D. That the proposed conditional use complies with all applicable
development standards of the zoning district.
Currently the Property is developed with a 7 -10 Market; the market
complies with the development standards set by Site Plan Review No.
2003 -13.
Nonetheless, the proposed Project does not comply with the applicable
development standards of recycling facilities under Section 25 -25 -9 of the
LMC. Section 25- 25 -9(C) requires small collection and mobile recycling
facilities to be conditionally permitted at commercial centers only, and the
Property does not qualify as a commercial or shopping center because the
Property (or the adjacent property) does not have three (3) or more
establishments that are planned, constructed, or managed as a total
entity, as defined in Article 200 of Chapter 25 of the LMC.
4
Moreover, the proposed Project is located within the C -2 (Light
Commercial) zone, but recycling facilities are prohibited uses within the C-
2 zone under Appendix A of Chapter 25 of the LMC.
E. That the proposed conditional use fails to observe the spirit and
intent of this zoning code.
The proposed Project is located within the C -2 (Light Commercial) zone,
which does not allow recycling facilities, per Appendix A of Chapter 25 of
the LMC.
Also, the recycling facility does not meet the required elements of a
mobile recycling facility under LMC Section 25.25.9(C) because it is not
located within a commercial center.
Section 3. The Planning Commission of the City of Lynwood, based upon the
aforementioned facts, findings, and determinations, hereby denies Conditional Use
Permit No. 2012 -02.
Section 4. A copy of the Resolution No. 3292 shall be delivered to the applicant:
DENIED this 10 day of April, 2012 by members of the Planning Commission,
voting as follows:
AYES :
NOES :
ABSENT :
ABSTAIN:
-5-
I
Kenneth West, Chairperson
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Jonathan Colin, Director Pam Lee,
Development Services Department Planning Commission Counsel
6