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HomeMy Public PortalAboutA 2014-05-13 PLANNING COMMISSIONcity Qf LYNWOOD t Clty vLl¢etug CIaPPeg� 1 O (I' 1 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (3101603-0220 AGENDA LYNWOOD PLANNING COMMISSION AND PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD COUNCIL CHAMBERS 11330 BULLIS ROAD LYNWOOD, CA 90262 May 13, 2014 6:00 P.M. PLANNING COMMISSIONERS MAY 0 8 2014 CITY OF LYNWOOD CITY CLERKS OFFICE �yn% QuJhos',rz Marvin Aceves Jorge Casanova Alex Landeros Chair Vice -Chair Commissioner Kenneth West Bill Younger Commissioner Commissioner COMMISSION COUNSEL David A. Garcia, City Attorney Tafoya & Garcia LLP STAFF Jonathan Colin, Rita Manibusan Karen Figueredo, Director Manager Planning Associate I Octavio Silva Planning Associate 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: April 8, 2014 SWEARING IN SPEAKERS 6. 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 7. 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) 8. Conditional Use Permit No. 2013 -05 Applicant: Ware Malcomb 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. M Recommendation Staff recommends that the Planning Commission adopt Resolution No. 3330, recommending approval of Conditional Use Permit No. 2013 -05. NEW REGULAR AGENDA (Public Hearing None DISCUSSION ITEM COMMISSION ORALS STAFF ORALS ADJOURNMENT Adjourn to the regular meeting of the Lynwood Planning Commission on June 10, 2014 at 6:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 3 Item No. 5 LYNWOOD PLANNING COMMISSION REGULAR MEETING, April 8, 2014 Item #1- Call Meeting to Order Chair West called the meeting to order at 6:07 p.m. Item #2- Flag Salute Commissioner Landeros led the Flag salute. Item #3- Swearing in or New Commissioner City Clerk Quinonez issued the Oath of Office to newly appointed Commissioner Jorge Casanova. Item #4- Roll Call of Commissioners Development Services Director Colin .called roll. Commissioner Casanova, Landeros, Aceves and Chair West were present. Director Colin announced that Commissioner Younger had called in and requested to be excused. Also present were Development Services Director Colin, Development Services Manager Manibusan, Planning Associate Silva, Planning Associate Figueredo and Commission Counsel Garcia. Item #5. Reorganization Director Colin announced-that the Commissioner Reorganization would be held at this time, and opened nominations for Chair. It was moved by Commissioner Landeros, seconded by Commissioner Casanova to nominate Commissioner Aceves for Chairman. ROLL CALL: COMMISSIONER CASANOVA: ACEVES COMMISSIONER LANDEROS: ACEVES COMMISSIONER ACEVES: ACEVES COMMISSIONER WEST: ACEVES Director Colin then opened nominations for Vice Chair. It was moved by Commissioner Landeros, seconded by Chair Aceves to nominate Commissioner Casanova for Vice- Chair. ROLL CALL: COMMISSIONER CASANOVA: CASANOVA COMMISSIONER LANDEROS: CASANOVA COMMISSIONER WEST: CASANOVA CHAIR ACEVES: CASANOVA Item # -6 Certification of Agenda Posting Chair Aceves asked if the Agenda had been duly posted and Development Services Director Colin indicated that the Agenda was in fact duly posted. Item #7- Minutes It was moved by Commissioner West, seconded by Commissioner Landeros and carried to approve the minutes of the Planning Commission Meeting of February 11, 2014. Item #8. SWEARING IN SPEAKERS City Clerk Quinonez swore in members of the audience. Item # 9- Public Orals NONE CONTINUED REGULAR AGENDA (Public Hearing) None NEW REGULAR AGENDA (Public Hearing) Item #10, Conditional Use Permit No. 2013 -05 Applicant: IN .are Maicomb 3220 Imperial Highway APN:6171- 002 -003 Director of Development Services Colin introduced the item to the Commission and provided information from the staff report. The applicant, Ware Malcomb, who represents Tacos El Gavilan is requesting approval of Conditional Use Permit No. 2013 -5 to allow the construction of a new restaurant with a drive -thru 2 service on property located at 3220 Imperial Highway. At this time staff recommends that the Planning Commission continue the item due to legal notice requirements that need to be met. Chairman Aceves opened the public hearing. It was moved by Chairman Aceves, seconded by Commissioner Landeros and carried to continue the item. Item #11. Conditional Use Permit No. 2013 -07 Applicant: 7- Eleven 3791 Martin Luther King Jr. B!vd. APN:6173- 020 -01.5 Development Services Director Colin introduced the next item. The applicant is requesting approval of Conditional Use Permit (CUP) No. 2010 -03 Modification, t:a modfy an existing Type 20 Alcohol Beverage Control License in order to alter tr;e established Conditions of Approval pertaining to hours of alcohol sales a .d 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. Chairman Aceves opened the Public Hearing Planning Associate Siva read the applicants statement in support of the request for the record. Commissioner West questioned the single can sales and whether or not this request is consistent with similar approvals. Hearing no further discussion, it was moved by Commissioner Landeros, seconded by Commissioner West to adopt: 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 AMD REMOVAL OF SINGLE -CAN PURCHASE RESTRICTIONS IN CON3UNTION WITH THE OPERATION OF A CONVENIENCE STORE ON THE PROPERTY LOCATED AT 3791 MARTIN LUTHER KING 3R. BLVD., SUITE NO. 1 WITHIN THE MEDUUM COMMERCIAL (C -2A) ZONE, APN: 6173 - 020- 015 ". 3 ROLL CALL: AYES: COMMISSIONER LANDEROS, WEST, ACEVES NOES: COMMISSIONER CASANOVA ABSENT: COMMISSIONER YOUNGER DISCUSSION ITEMS None COMMISSION ORALS Commissioner Landeros thanked staff for his new supplies. Chairman Aceves thanked the Commission for his appointment as Chairman. STAFF ORALS Development Services Manager Manibusan welcomed Commissioner Casanova and congratulated Chair Aceves on his appointment. Planning Associate Silva welcomed Commissioner Casanova and' congratulated Chair Aceves. Mr. Silva also updated the Commission on the upcoming workshop for the _ ... ..._ Director Colin congratulated Chair Aceves and welcomed Commissioner Casanova. Director Colin also acknowledged City Councilmember Solache in the audience. ADJOURNMENT Having no further discussion, it was moved by Commissioner Casanova, seconded by Commissioner Landeros and carried to adjourn at 6:25 p.m. Kenneth West, Chair Lynwood Planning Commission 4 APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services APPROVED AS TO FORM: David Tafoya, City Attorney Planning Commission Counsel REQUEST FOR: Planning Commission Action Item No. 8 PLANNING COMMISSION MEETING DATE: PLANNING DIVISION STAFF: May 13, 2014 APPROVED TITLE: ❑ As RESOULTION NO. 3330- CONDITIONAL Recommended USE PERMIT NO. 2013 -05: TO ALLOW ❑ As Amended THE CONSTRUCTION OF A NEW ❑ Set Public RESTAURANT WITH DRIVE -THRU Hearing For SERVICE ON THE PROPERTY DENIED LOCATED AT 3220 IMPERIAL HIGHWAY ❑Applicant's Request WITHIN VILLAGE II OF THE LONG BEACH BOULEVARD SPECIFIC PLAN APN: 6171 -002 -023 CONTINUED TO Prepared by Octavio Silva Development Services Director 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 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. Il. 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). 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 City's 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 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; 2 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. 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. 3 Project Profile Location Map Resolution No. 3330 Ell 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 25 of The Lynwood Municipal Code within Article 130. 2. Property, Location and Size The subject property is approximately 27,640 sq. ft. and the proposed building is 4,000 sq. ft. in area. 3. Existing Land Uses Site Developed 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 on - rwootlaw .c — _ ♦A'�''v it � a�w 4! ! NB CaY JM z = s.an _ r Weu VNYS5MY1H.l ©a � 1 r D � vtii O = �wT^SNS :vVJ w�nrr weuml a ^P'-"'Yr �. U�- rxcm.ws e re -imFa;`e \'��aa Bovnt ermwB .acxl[!a _.. - -ImperraHwY" 'mue4lzl -G . noreo inac�ee •'' ^7 ©' e ✓' `'.,Ill - .- weKO �a, a'awoze� 'H -EI GLLi Cira f• - ,-. l.b.+ Nennrc .T LP GSe XesM1l'. � ADDRESS: 3220 Imperial Hwy. CASE NO.: Conditional Use Permit No. 2013 -05 APPLICANT: Ware Malcomb for Tacos El Gavilan APN (S): 6171- 002 -023 on 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 3220 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 Village No. II of the Long Beach Blvd. Specific Plan (LBBSP), which conditionally permits a restaurant with drive -thru service; and WHEREAS, the Property will be improved with a new 4,000 sq. ft. restaurant with drive -thru service as well as provide 36 off - street parking spaces, landscaping, lighting and trash enclosure; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 13, 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 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. 2 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. 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. Conditions of approval shall be printed on the plans prior to submission to the Building 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 (May 13, 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. The applicant shall secure refuse service from the City contracted company. 22. All contractors and subcontractors working at the project site must obtain a City of Lynwood Business License. BUILING AND SAFETY DIVISION 23. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. • The California Building Code - 2013 edition; • The California Plumbing Code — 2013 edition; • The California Mechanical Code - 2013 edition; • The Los Angeles County Fire Code — 2013 edition; • The 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 more restrictive provisions shall govern. 24. 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). M 43. Provide proof that access easements from adjacent. property owners to the west, are in place to allow 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 13Th day of May 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 3