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HomeMy Public PortalAboutA 2012-04-10 PLANNING COMMISSION Y r , C 4 paw ` H1AMEPICA CIiV Cb* 4 4 Ctty u keetixg Cho9Qenges 1111/' 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 1 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. 3 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. 2 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. 3 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. 4 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 5 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. 1 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. 2 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. 3 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 5 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 6 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. 7 LOCATION MAP \ Ffirang carats_ • — &west/teem g 1 I CO i c 1 0 Ito ft ePal Go — - - --- % 4 3.500 \ Fresh v a IP .4.. co , r - 7 ir 0 -,- , Kaehen i I • Oceans ll 1 ',_ \ , 1 \ • , 1 . . \ ........ vs. Address: 3500 Martin Luther King Jr. Blvd. Applicant: Vincent Chang APN: 6191-015-011 n n 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 i n n 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 4 , y� } � City o ram JYNWOOD Iy 0 ;1/4 . ALL-AMERICA CM* C r �` ut City ( Meeting CkkaQQenges 9)T44I' I f' I :' 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 i .,r ' � 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 i n ��✓r a /Y 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