HomeMy Public PortalAboutA 2014-04-08 PLANNING COMMISSIONcity 4 ]LYNWOOD 0=0
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11330 BULLIS ROAD
LYNWOOD, CALIFORNIA 90262
(31016034220
AGENDA
LYNWOOD PLANNING COMMISSION
AND
PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD
COUNCIL CHAMBERS Pa4t�(_
11330 BULLIS ROAD E
LYNWOOD, CA 90262
April 8, 2014
6:00 P.M.
PLANNING COMMISSIONERS
APR 0 2 2014
CITY OF LYNWOOD
CITY CLERKS OFFICE
Marvin Aceves Jorge Casanova Alex Landeros
Vice -Chair Commissioner Commissioner
Kenneth West Bill Younger
Chair Commissioner
COMMISSION COUNSEL
David A. Garcia, City Attorney
Tafoya & Garcia LLP
STAFF
Jonathan Colin, Rita Manibusan Karen Figueredo, Octavio Silva
Director Manager Planning Associate Planning Associate
OPENING CEREMONIES
1. Call meeting to order.
2. Flag Salute.
3. Swearing of new Commissioner.
4. Roll call of Commissioners.
5. Reerganization.
6. Certification of Agenda Posting.
i. Minutes of planning Commission Meeting:
Febr€ ", 11, 2414
SWEARING IN SPEAKERS
S. The Lynwood Planning Commission shall swear in all persons wishing to testify on any itern
fisted on the Planning Commission Agenda.
Residents shall swear to tell the truth, the whole truth and nothing but the truth.
9. 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 (Public Hearing)
None
NEW REGULAR AGENDA (Public Hearing)
10. Conditional Use Permit No. 2013 -05
Applicant: Ware Malcomb
2
3220 Imperial Highway
APN: 6171 - 002 -023
Proposal
The applicant, Ware Malcomb, who represents Tacos El Gavilan is requesting approval of
Conditional Use Permit (CUP) No. 2013 -05 to allow the construction of a new restaurant with
a drive -thru service on the property located at 3220 Imperial Hwy.
Recommendation
Staff recommends that the Planning Commission continue the item to the next scheduled
Planning Commission meeting.
11. Conditional Use Permit No. 2013 -07
Applicant: 7- Eleven
3791 Martin Luther King Jr. Blvd.
APN: 6173- 020 -015
Proposal:
The applicant, is requesting approval of Conditional Use Permit (CUP) No. 2010 -03 MOD to
modify an existing Type 20 Alcohol Beverage Control License in order to alter the established
Conditions of Approval pertaining to hours of alcohol sales and removal of single -can
purchase restrictions in conjunction with the operation of a convenience store on the property
located at 3791 Martin Luther King, Jr. Blvd.
Recommendation:
Staff recommends that the Planning Commission approve Resolution No. 3335, approving
CUP No. 2010 -03 MOD as conditioned.
DISCUSSION ITEM
COMMISSION ORALS
STAFF ORALS
ADJOURNMENT
Adjourn to the regular meeting of the Lynwood Planning Commission on May 13, 2014 at 6:00 p.m.
in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262.
3
Item No. 7
LYNWOOD PLANNING COMMISSION REGULAR MEETING,
February 11, 2014
Item #1- Call Meeting to Order
Chair West called the meeting to order at 6:05 p.m.
Item #2- Flag Salute
Commissioner Younger led the flag salute.
Item #3- Roil Call of Commissioners
Development Services Director Colin called roll. Commissioner Battle, Landeros,
Younger, Aceves and Chair West were present.
Also present were Development Services Director Colin, Development Services
Manager Manibusan, Planning Associate Silva, Planning Associate Figueredo and
Commission Counsel Garcia.
Item #4- Certification of Agenda Postina
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 #S- Minutes
It was moved by Commissioner Younger, seconded by Commissioner Landeros
and carried to approve the minutes of the Planning Commission Meeting of
January 14, 2014.
Item #6, SWEARING IN SPEAKERS
City Clerk Quinonez swore in members of the audience.
Item # 7- Public Orals
0
1
CONTINUED REGULAR AGENDA (Public Hearing)
Item #9, Conditional Use Permit No. 85101 Modification
Applicant: Soung Monh
11400 Atlantic Avenue
6189 - 037 -032
Director of Development Services Colin introduced the item to the Commission
and provided information from the staff report. The applicant, Soung Monh is
requesting approval of Conditional Use Permit (CUP) No. 85101 Modification to
modify the approval of a Type 20 Alcoholic Beverage Control (ABC) License for
the off - premise sale of beer and wine at a convenience store located at 11400
Atlantic Avenue. The modification request consists of extending the time
restriction that limits alcohol sales for an additional two (2) hours from 7:00 a.m.
— 12 a.m. to 7:00 a.m. — 2:00 a.m. on a daily basis.
Director Colin also directed the Commission's attention to the Planning Divisions
Condition of Approval #12, "No single can sales of alcohol shall be permitted.
The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40
OZ., or similar size containers are prohibited. No beer or malt beverages shall be
sold in quantities of less than six per sale.
Commissioner Younger questioned the condition regulating the single can sales
and whether or not this same restriction is imposed on similar establishments.
Vice Chair Aceves questioned the rationale on this restriction.
Associate Planner Silva stated that new projects such as the Farmers Market,
Chevron and the 7 -11 on Martin Luther King Jr. Blvd., had also been approved
with this restriction. The purpose of the restriction is to prevent loitering in the
immediate area of the establishment.
Commissioner Landeros discussed existing businesses that don't have this
condition and asked staff how long this particular establishment has been open.
Vice Chair Aceves questioned whether or not this is a safety issue, and whether
or not the Applicant is advised to post signs prohibiting loitering.
Director Colin stated that this particular business has been open since 1986.
Chair West opened the Public Hearing.
Louis Morales, 7427 Irwingrove, Downey, CA, and representative for the
applicant discussed conditions #10 and 11 and typos in the report, and errors
related to the hours of operation. Mr. Morales also discussed the applicant's
2
efforts to minimize or mitigate loitering, and the fact that there have been no
incidents at this location. Mr. Morales stated he is requesting modification to
conditions #10 and 11, and the removal of condition #12, based on the locking
mechanisms that are already in place at the establishment.
Irene Garcia, 2737 111`h Street, Lynwood, stated that this Conditional Use Permit
was supposed to nullify after one year if the conditions were not met. Ms. Garcia
also stated that she had submitted over one hundred and twenty five signatures
in opposition to this project, and that she has opposed this project in the past.
Hearing no further discussion, Chair West closed the public hearing.
It was then. moved by Commissioner Younger, seconded by Commissioner
Larderos, to remove condition #12, make corrections to condition #10 and 11,
and adopt:
RESOLUTION NO. 3332 ENTITLED: "A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL
USE PERMIT NO. 55101 MODIFICATION EXTENDING THE SALE HOURS
OF A TYPE 20 ALCOHOLIC BEVERAGE CONTROL (OFF - PREMISE BEER &
WINE) LICENSE FROM 7:00 A.M. WITHIN AN 'EXISTING CONVENIENCE
STORE (7 -11) LOCATED AT 11400 ATLANTIC AVENUE, ASSESSOR
PARCEL NU74SER 6159- 037 -032, IN THE C -3 (HEAVY COMMERCIAL)
ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA ".
MILL CAL.:
AYES: COMMISSIONER LANDEROS, YOUNGER, ACEVES, WEST
NOES: COMMISSIONER BATTLE
ABSENT: NONE
NEW REGULAR AGENDA (Public Hearing)
Item #10, Conditional Use Permit No. 2012 -04 Modification
Applicant: Ofelia Franco
10700 Alameda Avenue
APN:6170- 002 -045
Development Services Director Colin introduced the next item. The applicant is
requesting approval of Conditional Use Permit (CUP) No. 2012 -04 Modification, to
expand a Type 47 Alcoholic Beverage Control (ABC) License for the off - premise
sale of beer and wine. The modification request consists of extending the time
restriction that limits alcohol sales, and hours of operations for the restaurant
and banquet hall, parking lot configuration and the reconfiguration of the
banquet hall and restaurant on property located at 10700 Alameda Avenue, in
the C -3 (Heavy Commercial) zone. Director Colin called attention to the
j
Resolution of Approval specific changes. Staff is recommending a change in the
designated layout of the parking lot.
Vice -Chair Aceves questioned whether or not ADA requirements are being met
for handicap stalls, and whether or not the new layout changes the number of
parking spaces .
Will Nieves 20250 Hawthorne Blvd., Torrance CA, stated he is present,
representing the applicant and that after reviewing some of the conditions
imposed by the Commission, it would make this proposed project impossible to
achieve. Mr. Nieves also stated the imposed conditions, such as limited hours of
operation, maintaining Sheriff services on -site, etc., are very expensive. The
proposed patio area needs to be included in the approval, and he is requesting
that the original condition of two security guards be re- instated.
Vice Chair Aceves questioned the location of the Patio Area.
Commissioner Younger questioned the proposal for no off -site parking, and
situations for patrons that wish to park outside of the designated parking area.
Vice -Chair questioned the type of menu the restaurant would maintain
Chair West opened the Public Hearing
Albert Pluma, 2624 E. 108th Street, spoke in opposition to the project and stated
he has questions regarding the parking proposal submitted by the
representative. Mr. Pluma questioned the adequacy of the valet parking,
controls for amplified sound and requested that the Commission act responsibly.
Mr. Nieves spoke in favor of the project and stated that events could be
scheduled with a minimum number of guests.
Director Colin read from the staff report, and discussed the modification of the
tenant improvements, the conditions pertaining to hours of operation, alcohol
sales, and discussed new conditions which will incorporate the vehicle
management system. Director Colin advised the Commission that the restaurant
is an ABC requirement of the banquet facility.
It was then moved by Commissioner Aceves, seconded by Commissioner
Landeros to adopt:
RESOLUTION NO. 3328 AND CUP NO. 2012 -04 Modification ENTITLED:
"A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2012 -04
MODIFICATION TO MODIFY EXISTING CONDITIONAL USE PRMIT NO.
2012 -04 TO EXPAND TIME RESTRICTIONS THAT LIMIT SALE HOURS OF
rsi
APPROVED AS 1'0 CONTENT:
Jonathan Colin, Director
Development Services
APPROVED AS TO FORM:
David Tafoya, City Attorney
Planning Commission Counsel
REQUEST FOR:
Planning Commission Action
PLANNING COPALIISSION MEETING
DATE:
April 8, 2014
TITLE:
RESOULTION NO. 3330- CONDITIONAL
USE PERMIT NO. 2013 -05: TO ALLOW
THE CONSTRUCTION OF A NEW
RESTAURANT WITH DRIVE -THRU
SERVICE ON THE PROPERTY
LOCATED AT 3220 !MPERIAL HIGHWAY
WITHIN VILLAGE 11 OF THE LONG
BEACH BOULEVARD SPECIFIC PLAN
A.PN: 0'171- 002 -023
Prepared
by Octavio Silva
PROPOSAL:
Item No. 30
PLANNING D11VISION STAFF:
APPROVED
DENIED
❑ As
Recommended
❑ As Amended
❑ Set Public
Hearing For
❑ .Applicant's Request
CONTINUED TO
Development Services Director
The applicant, Ware Malcomb, who represents Tacos El Gavilan is requesting
approval of Conditional Use Permit (CUP) No. 2013 -05 to allow the construction of
a new restaurant with a drive -thru service on the property located at 3220 Imperial
Hwy.
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 3330,
approving CUP No. 2013 -05, as conditioned.
BACKGROUND
The subject property is located in Village No. II of the Long Beach Blvd. Specific
Plan (LBBSP) and has a General Plan designation of Commercial. The site is
approximately, 27,640 sq. ft. in area and is improved with an existing Good Year
Tire Store that will be demolished as part of the proposed project.
The proposed restaurant operator has been in business since 1992 and has
various locations throughout the area, including restaurants in the Cities of Downey,
Huntington Park, Bell and Los Angeles. The restaurant offers an assorted menu of
authentic Mexican cuisine.
ANALYSIS & DISCUSSION
Table 31- Customized Use List of the LBBSP, identifies "Drive Through"
restaurants as conditionally permitted uses in Village No. II. As proposed, the
applicant is requesting to construct a new restaurant with a drive -thru service
lane and has therefore filed a CUP application with the City for consideration.
The applicant submitted preliminary plans in 2013 and the project involves the
construction of a new 4,000 sq. ft. restaurant and related site improvements that
include new landscaping, trash enclosures and lighting (Exhibit No. 1). Per the
Lynwood Municipal Code (LMC), the applicant is required to provide forty (40)
parking spaces. As proposed, the applicant will provide thirty six (36) parking
spaces. The LMC allows for a 10% reduction in the number of required spaces
through the Minor Variance process. The applicant submitted a Minor Variance
application for consideration, which is being administratively reviewed by staff.
The proposed restaurant meets development setbacks and observes building
height requirements. The proposed floor plan identifies kitchen and storage areas,
a food service bar and a general seating area for patrons. The design of the
building includes varied rooflines, a contemporary color palette and the use of
quality architectural materials such as stone veneers, which is consistent with the
restaurants corporate image (Exhibit No. 2).
Based upon analysis of the project and its compatibility with the Citys General
Plan and applicable development standards, staff recommends that the Planning
Commission approves Resolution No. 3330, approving CUP No. 2013-05.
FINDINGS REQUIRED TO APPROVE A CONDITIONAL USE PERMIT
LMC Section 25- 130.050 sets forth five (5) findings the Planning Commission
must make to approve a CUP. The following is a summary of findings, followed
by staff determinations:
A. That the proposed Conditional Use is consistent with the General
Plan;
The General Plan Land Use Map designation for the subject site is
commercial and restaurants are permitted uses in commercial zones. Goal
LU -2 of the City's General Plan requires the planning for a range of
commercial sites that serve the needs of the community. A new restaurant
2
with a drive -thru service lane will provide an additional dinning option to
those living, working and visiting the City of Lynwood.
B. That the nature, condition, and development of adjacent uses,
buildings, and structures have been considered, and that the use will
not adversely affect or be materially detrimental to these adjacent
uses, buildings, or structures;
The proposed restaurant and ancillary drive -thru service lane will not be
detrimental to persons residing or working in the area as a result of
placing conditions of approval on Conditional Use Permit No. 2013 -05. In
addition, the proposed construction will be pian- checked and inspected by
the City's Building Division to ensure cornplianec with applicable Building
and Safety Codes. Likewise, the item has been reviewed and approved by
the Fire Department and ingress/ e=gress has been reviewed and approved
by the City Engineer.
C. That the site for the proposed conditional use is of adequate size and
shape to accommodate the use and buildings proposed;
The subject property is adequate in size and shape to accommodate the
cr_,nditionaily permitted use. The site is approximately 27,840 sq. ft. in area
and the proposed restaurant will ce 4,000 sq. ft., which incorporates a
drive -thru service lane. The drive -thru lane will meet on -site vehicle
circulation requirements in order to allow adequate egress and ingress
into and out of the subject property; ingress/ egress his been reviewed
and approved by the City Engineer.
D. That the proposed conditional use complies with all applicable
development standards of the zoning district;
The Applicant's request complies with all applicable development standards
established for Village No. II of the LBBSP, particularly with regards to
observing landscaping requirements, building height, and building setbacks.
E. That the proposed conditional use observes the spirit and intent of
this Zoning Code.
The construction of a new restaurant with a drive -thru service lane
observes the spirit and intent of the LBBSP. The proposed construction
assists in promoting transit oriented development by providing attractive
landscaping and bicycle racks. Additionally, the proposed restaurant
assists in developing a streetscape design that creates a sense of place
and positive identity as required by the goals and objectives of the LBBSP.
3
ENVIRONMENTAL ASSESSMENT
The Development Services Department has determined that the proposed project
is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15332 (In -fill Development) because the proposal is to
construct a commercial structure which is consistent with the project site's zoning
and General Plan designations as well as consistent with all Class 32 requirements.
Project Profile
Location Map
Exhibit No. 1- Site Plan
Exhibit No. 2- Elevations
Resolution No. 3330
4
PROJECT PROFILE
Conditional Use Permit No. 2013 -05
3220 Imperial Hwy.
APN: 6171 -002 -023
1. Source and Authority
The findings required in order to make a Conditional Use Permit
determination are located in Chapter 2.5 of The Lynwood Municipal Code
within Article 130.
2. Pronerty, Log�!icn and Size
The subject property is approximately 27,640 sq ft. and the proposed
building is 4,000 sq. ft. in area.
3. Existino Land Uses
Site
Devei_oLed
North:
Commercial
South.
Commercial
West:
Commercial
East:
Commercial
4. Land Use Designation
The subject parcel has a General Plan designation of Commercial, which
is consistent with Village No. II of the Long Beach Blvd. Specific Plan. The
adjacent properties General Plan and Zoning designations are as follows:
Site General Plan Zoning
North:
Commercial
Village No. II
South:
Commercial
Village No. II
West:
Commercial
Village No. II
East:
Commercial
Village No. II
5. Site Plan Review
The Site Plan Review Committee has reviewed and approved the project.
6. Code Enforcement History
None on record at the time of this report.
7. Public Response
None on record at the time of this report.
5
LOCATION MAP
ADDRESS: 3220 Imperial Hwy.
CASE NO.: Conditional Use Permit No. 2013 -05
APPLICANT: Ware Malcomb for Tacos El Gavilan
APN (S): 6171- 002 -023
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ADDRESS: 3220 Imperial Hwy.
CASE NO.: Conditional Use Permit No. 2013 -05
APPLICANT: Ware Malcomb for Tacos El Gavilan
APN (S): 6171- 002 -023
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PROJECT DATA
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RESOLUTION NO. 3330
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING CONDITIONAL
USE PERMIT NO. 2013 -05 IN ORDER TO ALLOW THE
CONSTRUCTION OF A NEW RESTAURANT WITH
DRIVE -THRU SERVICE ON THE PROPERTY LOCATED
AT 3223 IMPERIAL HIGHWAY, WITHIN VILLAGE NO.
II OF THE LONG BEACH BLVD. SPECIFC PLAN; APN:
6171 -002 -023
WHEREAS, the Property is consistent with the City's General Plan In that the
subject site is designated "Commercial" on the General Plan Map; and
WHEREAS, the Property is located within Tillage No. II of the Long Beach Blvd.
Specific Plan (LBBSP), which conditionally permits a restaurant with drive -thru service;
and
WHEREAS, the Property Wil be improved with a new 4,000 sq. ft. restaurant with
drive -thru service as well as provide 35 off- street parking spaces, landscaping, lighting
and trash enclosure; and
WHEREAS, the Lynwood Planning Commission, pursuant to law, on December
10, 2013 conducted a public hearing on the application; and
WHEREAS, the Lynwood Planning Commission has carefully considered all oral and
written testimony offered at the public hearing; and
WHEREAS, the Development Services Department has determined that the
proposed project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15332 (In -fill Development) because the proposal is to
construct a commercial structure which is consistent with the project site's zoning and
General Plan designations as well as consistent with all Class 32 requirements.
Section 1. The Planning Commission hereby finds and determines as follows:
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.
The following is a summary of findings, followed by staff determinations:
A. That the proposed Conditional Use is consistent with the General Plan;
The General Plan Land Use Map designation for the subject site is commercial and
restaurants are permitted uses in commercial zones. Goal LU -2 of the City's
General Plan requires the planning for a range of commercial sites that serve the
needs of the community. A new restaurant with a drive -thru service lane will
provide an additional dinning option to those living, working and visiting the City of
Lynwood.
B. That the nature, condition, and development of adjacent uses,
buildings, and structures have been considered, and that the use will
not adversely affect or be materially detrimental to these adjacent
uses, buildings, or structures;
The proposed restaurant and ancillary drive -thru service lane will not be
detrimental to persons residing or working in the area as a result of placing
conditions of approval on Conditional Use Permit No. 2013 -05. In addition, the
proposed construction will be plan - checked and inspected by the City's Building
Division to ensure compliance with applicable Building and Safety Codes. Likewise,
the item has been reviewed and approved by the Fire Department and ingress/
egress has been reviewed and approved by the City Engineer.
C. That the site for the proposed conditional use is of adequate size and
shape to accommodate the use and buildings proposed;
The subject property is adequate in size and shape to accommodate the
conditionally permitted use. The site is approximately 27,640 sq. ft. in area and
the proposed restaurant will be 4,000 sq. ft., which incorporates a drive -thru
service lane. The drive -thru lane will meet on -site vehicle circulation
requirements in order to allow adequate egress and ingress into and out of the
subject property; ingress / egress has been reviewed and approved by the City
Engineer.
D. That the proposed conditional use complies with all applicable
development standards of the zoning district;
The Applicant's request complies with all applicable development standards
established for Village No. II of the LBBSP, particularly with regards to observing
landscaping requirements, building height, and building setbacks.
E. That the proposed conditional use observes the spirit and intent of this
Zoning Code.
The construction of a new restaurant with a drive -thru service lane observes the
spirit and intent of the LBBSP. The proposed construction assists in promoting
transit oriented development by providing attractive landscaping and bicycle
racks. Additionally, the proposed restaurant assists in developing a streetscape
design that creates a sense of place and positive identity as required by the goals
and objectives of the LBBSP.
N
Section 2. The Planning Commission of the City of Lynwood hereby approves
Conditional Use Permit No. 2013 -05, subject to all conditions, restrictions and limitations
set forth as follows.
CONDMr QNS OF APPROVAL
DEVELOPMENT SERVICES DEPARTMENT
1. The project shall comply with all regulations of the Lynwood Municipal Code, the
California Building Code, the Los Angeles County Fire Code, other City
Departments and applicable State and Federal regulations.
2. Any subsequent modification of the subject site or structures thereon shall be
first reported to the Development Services Department, Planning Division, for
review.
3. Conditions ol approval shall be printed on the plans prior to submission to the
5uilding and Safety Division for plan - check.
4. Prior to plan -check submittal, the applicant shall sign a Statement of Acceptance
stating that they have read, understand, and agree to all conditions of this
approval prior to issuance of any building permits.
5. Prior to permit issuance, the applicant shall pay all City of Lynwood fees including
Development Impact fees and Art in Public Places fees.
6. The Conditional Use Permit approval shall lapse and become void one
(1) year from the date (April S. 2015) of this document unless all
conditions of said permit are met and a building permit is issued or
substantial progress has been made toward establishing this use.
7. All appeals must be brought within ten (10) working days of the date of
the final action by the Development Services Director, or Site Plan
Review Committee. An appeal will be scheduled for public hearing
before the Lynwood Planning Commission. Persons filing the appeal
must submit application and pay a fee of $1,154.62.
8. The Applicant shall agree to defend at his sole expense any action brought
against the City, its agents, officers, or employees, because of the issuance of
this approval. The Applicant shall reimburse and indemnify the City, its agents,
officers or employees for any award, court costs, and attorney's fees which the
City, its agents, officers, or employees may be required to pay as a result of such
3
action. The City may, at its sole discretion, participate at its own expense in the
defense of any such action, but such participation shall not relieve Applicant of
his obligations under this condition.
9. In accordance with the provisions of Government Code Section 66020(d)(1), the
imposition of fees, dedication, reservations, or exactions for this Project are
subject to protest by the applicant at the time of approval or conditional approval
of the project, or within 90 days after the date of imposition of the fees,
dedications, reservations, or exactions imposed on the project.
PLANNING DIVISION
10. Exterior menu boards and related drive -thru equipment shall be positioned in a
manner as to minimize noise and light emissions from adjacent properties.
11. The drive -thru service lane shall observe the hours and days of operations of the
restaurant. A request to operate the drive -thru service lane on a 24 hour basis
must first be presented to the Planning Commission for consideration.
12. All required parking areas shall be designated and have bumper guards per the
approved plan and such parking areas shall be well lighted and secure as to
prevent loitering and pubic nuisances.
13. There shall be no outside storage of materials or equipment of any kind once the
certificate of occupancy is issued.
14. The installation of flags, A- frames or painted signs on the subject property is
prohibited. Painted wall signs to include menu items are not permitted.
15. The applicant shall maintain all exterior lighting within the subject property.
16. The applicant shall post signs within and around the subject property stating that
"Loitering is strictly prohibited ".
17. The petitioner(s) shall be responsible for maintaining the premises free of graffiti.
Any graffiti must be removed within 24 hours of its appearance.
18. Window displays must be kept to a minimum to allow for maximum visibility and
shall not exceed 25 percent of window coverage.
19. Any artificial lighting shall be installed to reflect away from adjoining properties.
20. A creeping vine shall be planted and maintained along all perimeter block walls.
4
21.
22.
23
24.
The applicant shall secure refuse service from the City contracted company.
All contractors and subcontractors working at the project site must obtain, a Cib/
of Lynwood Business License.
BUILING AND SAFETY DIVISION
All construction shail meet or exceed the minimum building standards that are
referenced in the following codes.
• The Califomia Building Code - 2013 edition,;
• The Caiifornia Plumbing Code — 2013 edition;
•
I Calior ;ia Mechanical Code - 2013 edition;
» The Los Angeles County Fire Code —2013 edition;
Tire California Electrical Code — 2013 edition;
In cases where the provisions of the California Building Code, the City of
Lynwood Municipal Code, or the plans or specifications in these plans may
conflict, the gore restrictive provisions shall govern.
The applicant/ property owner must provide a copy of the permit card signed by
all other, departments prior to scheduling a final inspection.
LOS ANGELES COUNTY FIRE DEPARTMENT
25. The Applicant shall comply with all code requirements and conditions set forth by
the Los Angeles County Fire Department, Fire Prevention Division, 5823
Rickenbacker Road, Commerce, CA 90040, (323) 890 -4243. Final approvals
from the Los Angeles County Fire Department must be obtained prior to
issuance of any building permits.
26. The required fire flow for public fire hydrants at this location is 1750 gallons per
minute at 20 psi for duration of 2 hours, over and above maximum daily
domestic demand. 2 hydrants flowing simultaneously may be used to achieve the
required fire flow.
27. Per the City of Lynwood, the Fire Flow Availability form dated, November 18,
2013, indicates adequate fire hydrant spacing and flow requirements for existing
fire hydrants for existing fire hydrants. Additional fire hydrants may be required
for this project.
E
PUBLIC WORKS DEPARTMENT
28. Reconstruct lifted and damaged sidewalk, three sections, in front of property, (12
ft. x 40 ft., 12 ft. x 18 ft., 12 ft. x 12 ft.).
29. Construct new drive approach per plans, (12 ft. x 20 ft., including 4 ft. wings),
depressed curb and gutter and adjacent asphalt concrete pavement (30 in.
wide), per APWA Standards.
30. Grind raised edge of existing drive approach, flush with adjacent depressed curb
(Length = 10 ft.).
31. Patch spalled sections of sidewalk and curb with epoxy cement, several locations.
32. Plug with epoxy cement any existing through the curb drains that will not be
used.
33. Construct 6 inch high planter curb on back of sidewalks, to prevent dirt and
water from planters from washing over the sidewalks.
34. Remove street tree, 14 inches in diameter that will conflict with new proposed
drive approach.
35. Relocate existing street light pole and electrical pull box, approx. 5 feet to the
east, in order to accommodate the new proposed drive approach.
36. Construct tree well, 4 ft. x 4 ft., in new sidewalk section (street tree is existing).
37. Construct new tree well, 4 ft. x 4 ft., in existing sidewalk.
38. Plant one (1) replacement street tree, 24 inch box size, with root barriers (all
around) and stake per APWA Standards. City to select street tree species.
39. Place 2 inches of decomposed granite (DG) in all tree wells (3 existing tree and 1
new tree = 4).
40. Water street tree for 6 months to 1 year, until street tree gets established.
41. Lightly sandblast existing sidewalks and drive approach to remove markings,
gum, dirt, etc., to make match color /texture to new sidewalk sections.
42. Underground all utilities to site (electrical, telephone and cable N).
rl
43. Provide proof that access easements from adjacent property owners to the west,
are in place to ailow cross lot traffic as shown on plans.
44. Connect to water system; install water meters as necessary, per APWA
Standards. Pay water meter connection fees.
45. Provide proof that County Sanitation sewer connection fees have been paid.
46. Connect to sewer system; install sewer laterals as necessary, per APWA
Standards. Pay sewer connection fees.
47. Drive through drive approach to be right turn out only.
48. Existing main drive approach to right in /right out only.
49. Provide analysis by Traffic Engineer to address proposed drive through drive
approach, in view of congested intersection of Imperial Hwy. and Long Beach
Blvd., where backups extend beyond proposed drive through drive approach
(vehicles will not be able to exit drive through drive approach).
50. Submit a grading plan for the site. Pay grading plan checking fees.
51. Comply with NPDES regulations. Conditions to be addressed during design.
52. Comply with Construction Demolition Recycling Program regulations. Pay
Construction Demolition Recycling Program fees.
53. Replace any damaged or obliterated existing survey markers in the public right -
of -way.
54. Provide copy of recent title report to ascertain that lots composing property are
tied together. If lots are not tied together, process a Lot Merger with the
Development Services Dept. /Planning Division.
55. All work in the public right -of -way requires a Public Works Dept. permit.
56. All work in the public right -of -way to be per APWA Standards.
Section 3. The Development Services Department has determined that the
proposed project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15332 (In -fill Development) because the proposal is to
construct a commercial structure which is consistent with the project site's zoning and
General Plan designations as well as consistent with all Class 32 requirements.
Section 4. A copy of Resolution No. 3330 and its conditions shall be delivered to
the Applicant.
APPROVED AND ADOPTED this 8n' day of April 2014, by members of the Planning
Commission, voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kenneth West, Chair
Lynwood Planning Commission
Jonathan Colin, Director David Garcia, City Attorney
Development Services Department Planning Commission Counsel
q
REQUEST FOR:
Planning Commission Action
Item No. 11
PLANNING COMMISSION MEETING
DATE: PLANNING DIVISION STAFF:
6RHI 4, .2014
TITLE:
CONDITIONAL USE PERMIT NO. 2010-
03 MOD/ RESOLUTION NO. 3335: TO
MODIFY AN EXISTING TYPE 20 ABC
LICENSE IN ORDER TO ALTER
ESTABLISHED CONDITIONS OF
APPROVAL PERTAINING TO HOURS OF
ALCOHOL SALES AND REMOVAL OF
SINGLE -CAN PURCHASE
RESTRICTIONS IN CONJUNCTION
WITH THE OPERATION OF A
CONVENIENCE STORE ON THE
PROPERTY LOCATED AT 3791 MARTIN
LUTHER KING JR. BLVD., SUITE NO. 1
W!TH!N THE MEDIUM COMMERCIAL (C-
2A) ZONE, APN: 6173 -020 -015
Prepared
by Octavio Silva
PROPOSAL:
APPROVED
DENIED
❑ As
Recommended
❑ As Amended
❑ Set Public
Hearing For
❑ App!icanfs Request
CONTINUED TO
Development Services Director
The applicant, is requesting approval of Conditional Use Permit (CUP) No. 2010 -03
MOD to modify an existing Type 20 Alcohol Beverage Control License in order to
alter the established Conditions of Approval pertaining to hours of alcohol sales and
removal of single -can purchase restrictions in conjunction with the operation of a
convenience store on the property located at 3791 Martin Luther King, Jr. Blvd.
RECOMMENDATION
Staff recommends that the Planning Commission approve Resolution No. 3335,
approving CUP No. 2010 -03 MOD as conditioned.
BACKGROUND
In 2010, the City of Lynwood's Planning Commission approved Resolution No.
3269, approving CUP No. 2010 -03 for the off -site sale of beer and wine in
conjunction with the operation of a 7- Eleven convenience store on the subject
property. As part of the Conditions of Approval, the applicant was limited to the sale
of alcohol on the property between 7:00 a.m. and 12:00 a.m., seven days a week.
In addition, the applicant was prohibited to sell single can servings of alcoholic
beverages.
ANALYSIS & DISCUSSION
Section 25- 25 -6(B) of the Lynwood Municipal Code (LMC) states that the zoning
districts in which on -site and off -site sales of alcoholic beverages are permitted are
shown in Appendix A, Uses by Zoning Districts. According to Appendix A, the off-
site sale of alcoholic beverages within any store that is not a supermarket or a
drugstore is a conditionally permitted use in the C -2A (Medium Commercial) zone.
The applicant is requesting to modify existing Conditions of Approval to allow
alcohol sales between 6:00 a.m. and 2:00 a.m., seven days a week. In addition, the
applicant is requesting permission to allow for single can servings of alcoholic
beverages. At the February 11, 2014 Planning Commission meeting, the
Commission approved a similar request for the 7- Eleven convenience store located
at 11400 Atlantic Ave.
As described by the applicant, the 7- Eleven sells a variety of goods including
prepared and pre- packaged food, baked goods, books, magazines and personal
toiletries. The off -site sale of alcoholic beverages at this location is considered
incidental as the total proposed alcohol display and storage area is .04 percent of
the gross floor area of the establishment.
FINDINGS REQUIRED TO APPROVE A CONDITIONAL USE PERMIT
LMC Section 25.130.050 sets forth five (5) findings the Planning Commission
must make to approve a CUP. The following is a summary of findings, followed
by staff determinations:
A. That the proposed Conditional Use is consistent with the General
Plan;
The General Plan Land Use Map designation is commercial and retail
establishments are permitted uses in all commercial zones. The
proposed project will not adversely affect the General Plan. Retail
stores and ancillary uses such as off - premise beer and wine licenses
are conditionally permitted uses within Commercial zones.
2
B. That the nature, condition, and development of adjacent uses,
buildings, and structures have been considered, and that the use will
not adversely affect or be materially detrimental to these adjacent
uses, buildings, or structures;
The proposed Type 20 ABC license will not be detrimental to persons
residing or working in the area as a result of placing Conditions of
,pproval on Conditional Use Permit No. 2010 -03 MOD. The sale of
products at this retail establishment are targeted toward families and
business professionals not typically associated with loitering or public
intoxication, thus will not impact surrounding businesses and residential
neighborhoods.
C. That the site for the proposed conditional use is of adequate size and
shape to accommodate the use and buildings proposed;
Previous prooeity approvals include Variance No. 2007 -06 reducing rear
and front yard setbacks as well as reducing parking requirements in order to
allow for the construction of the existing 4,140 square foot commercial
building and associated uses. The Applicant's request for a Type 20 ABC
license will not require additional parking spaces.
D. That the proposed conditional use complies with all applicable
development standards of the zoning district;
The Applicant's request for a Type 20 ABC Licanse, complies with all
applicable standards of the C -2A (Medium Commercial) zone. Section 25-
25-6(6) of the Lynwood Municipal Code (LMC) states that the zoning
districts in which on -site and off -site sales of alcoholic beverages are
permitted are shown in Appendix A, Uses by Zoning Districts. According to
Appendix A, the off -site sale of alcoholic beverages within any store that is
not a supermarket or a drugstore is a conditionally permitted use in the C-
2A zone.
E. That the proposed conditional use observes the spirit and intent of
this Zoning Code.
The off - premise sale of beer and wine is an ancillary use to a permitted
retail and service establishment. The conditional use observes the spirit
of Policy LU -2.1 of the City's General Plan, in which the Applicant's
request for a Type 20 ABC license serves the general merchandising and
retail needs of the residents of Lynwood.
ENVIRONMENTAL ASSESSMENT
The Development Services Department has determined that the proposed Project
is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (Existing Facilities) because the Project involves
negligible or no expansion of an existing use.
3
Project Profile
Location Map
Resolution No. 3335
0
PROJECT PROFILE
Conditional Use Permit 2010 -03 MOD
3791 Martin Luther King, Jr. Boulevard
Assessor Parcel Number: 6173 - 020 -015
1. Source and Authority
Section 25- 25 -6(B) of the Lynwood Municipal Code (LMC) states that the
zoning districts in which on -site and off-site sales of alcoholic beverages are
permitted are shown in Appendix A, Uses by Zoning Districts. According to
Appendix A, the off -site sale of alcoholic beverages within any store that is
not a supermarket or a drugstore is a conditionally permitted use in the C -2A
(Medium Commercial) zone.
2. Pro err, Location and Size
The subject property, 3791 Martin Luther King, Jr. Boulevard is located at the
northeast comer of Martin Luther King, Jr. Boulevard and Carson and Drive.
The subject property is approximately 12,607 square feet in area.
3. Z-xiat n Land Uses
Site
Develgyed
North:
Multi - Family Residential
South:
Open Space
West:
Commercial
East:
Commercial
4. Land Use Designation
The subject parcel has a General Plan designation of Commercial, which is
consistent with the C -2A (Medium Commercial) zone. The adjacent
properties' General Plan and Zoning designations are as follows:
Site General Plan Zoning
North: Multi - Family Residential Multi - Family Residential
South: Open Space Open Space
West: Commercial Hospital Medical Dentist
East: Commercial Controlled Business
5. Site Plan Review
The Site Plan Review Committee has reviewed the project and recommended
approval subject to conditions of approval set forth in Resolution No. 3335.
6. Code Enforcement History
No code enforcement case to date.
5
7. Public Response
None of record at the time of this report
LOCATION MAP
,•rs
*` � "=•vow'^.,
SITE ADDRESS: 3791 MARTIN LUTHER KING, JR. BLVD.
APN: 6173 - 020 -015
CASE NO.: CUP 2010 -03 MOD
APPLICANT: 7- Eleven
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1
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M�tO GaOglc -Wpa'a D201U (30ng:- _et =ao /UU ��e.�rta _rt'C'eml
SITE ADDRESS: 3791 MARTIN LUTHER KING, JR. BLVD.
APN: 6173 - 020 -015
CASE NO.: CUP 2010 -03 MOD
APPLICANT: 7- Eleven
RESOLUTION NO. 3335
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING CONDITIONAL
USE PERMIT NO. 2010 -03 MOD TO MODIFY AN
EXISTING TYPE 20 ABC LICENSE IN ORDER TO ALTER
ESTABLISH CONDITIONS OF APPROVAL PERTAINING
TO HOURS OF ALCOHOL SALES AND REMOVAL OF
SINGLE -CAN PURCHASE RESTRICTIONS IN
CONJUNCTION WITH THE OPERATION OF A
CONVENIENCE STORE ON THE PROPERTY LOCATED
AT 3791 MARTIN LUTHER KING, JR. BLVD., SUITE NO.
1 WITHIN THE MEDIUM COMMERCIAL (C -2A) ZONE,
APN:6173- 020 -015
WHEREAS, the Property is consistent with the City's General Plan in that the
subject site is designated "Commercial" on the General Plan Map; and
WHEREAS, the Property is located within the Medium Commercial (C -2A) zone
which conditionally permits the off -site sale of alcoholic beverages within any store that is
not a supermarket or a drugstore; and
WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 11, 2010
adopted Resolution No. 3269 approving Conditional Use Permit No. 2010 -03 in order to
establish a Type 20 Alcohol Beverage Control (ABC) License at the property located at
3791 Martin Luther King, Jr. Blvd., Suite No. 1 (Property); and
WHEREAS, the applicant requests to modify the hours of alcohol sales on the
Property as well as the removal of single -can purchase restrictions; and
WHEREAS, the City of Lynwood requires a Conditional Use Permit Modification in
order to modify established Conditions of Approval; and
WHEREAS, the Lynwood Planning Commission, pursuant to law, on April 8, 2014
conducted a public hearing on the application; and
WHEREAS, the Lynwood Planning Commission has carefully considered all oral and
written testimony offered at the public hearing; and
WHEREAS, the Development Services Department has determined that the
proposed Project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 (Existing Facilities) because the Project involves
negligible or no expansion of an existing use.
Section 1. The Planning Commission hereby finds and determines as follows:
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.
The following is a summary of findings, followed by staff determinations:
A. That the proposed Conditional Use is consistent with the 'General Plan;
The General Plan Land Use Map designation is commercial and retail
establishments are permitted uses in all commercial zones. The proposed project
will riot adversely affect the General Plan. Retail stores and ancillary uses such as
off - premise beer and vrine licenses are conditionally permitted within Commercial
zones.
B. That the nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and that the use will not adversely
affect or be materially detrimental to these adjacent uses, buildings, or
structures;
-['he proposed Type 20 ABC license will not be detrimental to persons residing or
working in the area as a result of placing Conditions of Approval on Conditional Use
Permit No. 2010 -03 MOD. The sale of products at this retail establishment are
targeted toward families and business professionals not typically associated with
loitering or public intoxication, thus will not impact surrounding businesses and
residential neighborhoods.
C. That the site for the proposed conditional use is of adequate size and
shape to accommodate the use and buildings proposed;
Previous property approvals include Variance No. 2007 -06 reducing rear and front
yard setbacks as well as reducing parking requirements in order to allow for the
construction of the existing 4,140 square foot commercial building and associated
uses. The Applicant's request for a Type 20 ABC license will not require additional
parking spaces.
D. That the proposed conditional use complies with all applicable
development standards of the zoning district;
The Applicant's request for a Type 20 ABC License, complies with all applicable
standards of the C -2A (Medium Commercial) zone. Section 25- 25 -6(B) of the
Lynwood Municipal Code (LMC) states that the zoning districts in which on -site and
off -site sales of alcoholic beverages are permitted are shown in Appendix A, Uses
by Zoning Districts. According to Appendix A, the off -site sale of alcoholic
6
beverages within any store that is not a supermarket or a drugstore is a
conditionally permitted use in the C -2A zone.
E. That the proposed conditional use observes the spirit and intent of this
Zoning Code.
The off - premise sale of beer and wine is an ancillary use to a permitted retail and
service establishment. The conditional use observes the spirit of Policy LU -2.1 of
the City's General Plan, in which the Applicant's request for a Type 20 ABC
license serves the general merchandising and retail needs of the residents of
Lynwood.
Section 2. The Planning Commission of the City of Lynwood hereby approves
Conditional Use Permit No. 2010 -03 MOD, subject to all conditions, restrictions and
limitations set forth as follows.
CONDITIONS OF APPROVAL
DEVELOPMENT SERVICES DEPARTMENT
1. The Project shall comply with all regulations of the Lynwood Municipal Code, the
California Building Code, the Los Angeles County Fire Code, other City
Departments and applicable State and Federal regulations.
2. Any 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 shall sign a Statement of Acceptance stating that they have read,
understand, and agree to all conditions of this approval prior to issuance of any
building permits.
4. The Conditional Use Permit approval shall lapse and become void one
(1) year from the date (April 8, 2015) of this document unless all
conditions of said permit are met and a building permit is issued or
substantial progress has been made toward establishing this use.
5. All appeals must be brought within ten (10) working days of the date of
the final action by the Development Services Director, or Site Plan
Review Committee. An appeal will be scheduled for public hearing
before the Lynwood Planning Commission. Persons filing the appeal
must submit application and pay a fee of $1,154.62.
3
6. The Applicant shall agree to defend at his sole expense any action brought
against the City, its agents, officers, or employees, because of the issuance of
this approval. The Applicant shell reimburse and indemnify the City, its agents,
officers or employees for any award, Court costs, and attorney's fees which the
City, its agents, officers, or employees may be required to pay as a result of such
action. The City may, at its sole discretion., participate at its own expense in the
defense of any such action, but such participation shall not relieve Applicant of
his obligations under this condition.
7. In accordance with the provisions of Government Code Section 66020(4)(1), the
imposition of fees, dedications, reservations, or exactions for this Project, if any,
are subject to protest by the applicant at the time of approval or conditional
approval of the development or within 90 days after the date of the imposition of
the fees, dedications, reservations, or exactions imposed on the Project.
8. The applicant shall obser.e non- modifed Conditions of Approval established
under Resolution No. 326: for Conditional Use Permit No. 2010 -03.
Q. The sale of alcoholic beverages shall be permitted only between the hours of
6:00 a.m. and 2:00 a.m., seven days a week. 11-ie sale of alcohol will be without
serving limitations or restrictions during hours of sale as noted.
10. The applicant is required to maintain an on -site surveillance system. The
surveillance system shall not disrupt the privacy of adjacent properties.
11. The applicant shall install "anti- loitering" signage throughout the subject
property.
12. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
13. The petitioner(s) shall be responsible for maintaining the premises free of graffiti.
Graffiti shall be removed within 24 hours of its appearance.
14. Illegal signs including A- frames and painted signs are prohibited.
15. Window displays must be kept to a minimum to allow for maximum visibility and
shall not exceed 25 percent of window coverage.
4
LOS ANGELES COUNTY FIRE DEPARTMENT
16. The Applicant shall comply with all code requirements and conditions set forth by
the Los Angeles County Fire Department, Fire Prevention Division, 5823
Rickenbacker Road, Commerce, CA 90040, (323) 890 -4243. Final approvals
from the Los Angeles County Fire Department must be obtained prior to
issuance of any building permits.
Section 3. The Development Services Department has determined that the
proposed Project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 (Existing Facilities) because the Project involves
negligible or no expansion of an existing use.
Section 4. A copy of Resolution No. 3335 and its conditions shall be delivered to
the Applicant.
APPROVED AND ADOPTED this 8n' day of April 2014, by members of the Planning
Commission, voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kenneth West, Chair
Lynwood Planning Commission
Jonathan Colin, Director David Garcia, City Attorney
Development Services Department Planning Commission Counsel
5