Loading...
HomeMy Public PortalAboutA 2016-01-12 PLANNING COMMISSIONCity c1f LYNWOOD Daum Nq , mipg CIngep" 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 AGENDA LYNWOOD PLANNING COMMISSION AND PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD COUNCIL CHAMBERS 11330 BULLIS ROAD LYNWOOD, CA 90262 January 12, 2016 6:00 P.M. PLANNING COMMISSIONERS RE EIVED JAN 0 7 2W 016 o zmo�J � CITY C± En Jorge Casanova Elizabeth Battle Alex Landeros Chair Commissioner Vice -Chair Kenneth West Bill Younger Commissioner Commissioner COMMISSION COUNSEL David A. Garcia, City Attorney Tafoya & Garcia LLP STAFF Erika Ramirez, Karen Figueredo, Interim Director Planning Associate i Marisol Medina, Office Assistant 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: December 8, 2015 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 NONE NEW REGULAR AGENDA 8. Application: Variance No. 2015 -02 Applicant: Alberto & Lucia Aquino 11283 Sampson Avenue APN:6190- 016 -014 FA Proposal The applicants, Alberto & Lucia Aquino, are requesting consideration of a Variance to reduce the minimum required rear setback from 20 feet to approximately 5 feet in order to legalize an existing 221 square foot unpermitted patio cover attached to the existing single family residence (SFR) and the existing two car garage on property located at 11283 Sampson Avenue, further described as Assessor's Parcel Number 6190 - 016 -014. The subject property is located in the R -1 (Single Family Residence) zone, at the northwest corner of Sampson Avenue and Shirley Avenue. Recommendation Staff recommends that the Planning Commission adopt Resolution No. 3349, approving VAR No. 2015 -02. (Back up information available from Development Services upon request). 9. Application: Variance No. 2015 -03 Conditional Use Permit No. 2015 -03 10112 Long Beach Boulevard APN: 6207 - 009 -007 & 008 Applicant: Bhavesh Patel 18900 Gable Circle Cerritos, CA 90703 Proposal The applicant, Bhavesh Patel, is requesting consideration of a Variance to reduce the required number of parking spaces by over 25 %, a reduction in the required front yard setback from 15 feet to 8 feet, a reduction in the rear yard setback from 15ft to 4 feet 3 inches, a reduction in the side yard setback requirement from 5 feet to 1 foot 4 inches, a reduction in the minimum lot depth from 200 feet to 151.54 feet, a reduction in the minimum lot size from 2 acres to .34 acres, a reduction in the required minimum number of units from 100 units to 21 units, a reduction in the minimum motel unit size from 400 square feet including the restroom to 214 square feet including the restroom, and from the required distance of 100 feet from a residential use. The applicant, Bhavesh Patel, is requesting consideration of a Conditional Use Permit to re- establish a motel use on property located at 10112 Long Beach Boulevard, further described as Assessor's Parcel Number 6207 - 009 -007 & 008. The subject property is located in the C -3 (Heavy Commercial) zone, and in Village I of the Long Beach Specific plan, at the northeast corner of Long Beach Boulevard and Wisconsin Avenue. Recommendation Staff recommends that the Planning Commission adopt Resolution No. 3350, approving VAR No. 2015 -03 & Resolution No. 3351 approving CUP No. 2015 -03. (Back up information available from Development Services upon request). 3 DISCUSSION ITEM 10. Solar Panels COMMISSION ORALS STAFF ORALS ADJOURNMENT Adjourn to the regular meeting of the Lynwood Planning Commission on February 9, 2016 at 6:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 4 LYNWOOD PLANNING COMMISSION REGULAR MEETING, December 8, 2015 Item #1 -Call Meeting to Order Chair Casanova called the meeting to order at 6:10 PM Item #2- Flag Salute Commissioner West led the flag salute. Item #3- Roll Call of Commissioners Planning Associate Karen Figueredo called roll. Commissioner Battle, Commissioner Younger, Commissioner West, Vice Chair Landeros, and Chair Casanova were present. Also present were Interim Director of Development Services Erika Ramirez, Planning Associate Karen Figueredo, City Attorney David Garcia, and Senior Public Works Manager Elias Saikaly. Item #4- Certification of Agenda Posting Chair Casanova asked if the Agenda had been duly posted and Planning Associate Karen Figueredo indicated that the Agenda was in fact duly posted. Item #5- Minutes Commissioner Battle inquired if the minutes of November 10, 2015 accurately reflected Commissioner Younger's comments on the subject of the city being over populated. Commissioner Younger stated he used the words "should not" rather than "would not ", as cited in the minutes. A motion to approve the Minutes from the Planning Commission meeting of November 10, 2015 as amended was made by Commissioner Younger and seconded by Commissioner West. Item #6- Swearing in Speakers Interim Deputy Director City Clerk Daryl Betancur swore in the members of the audience who wished to speak in front of the Planning Commission. A total of 2 individuals spoke in reference to Item #8 on the agenda. Item #7- Public Orals None CONTINUED REGULAR AGENDA (PUBLIC HEARING) None NEW REGULAR AGENDA (PUBLIC HEARING) Item #8- Variance No. 2015-01 A_ pplicant: Ana M. Munguia 11175 Elm Street APN:6193- 011 -013 Proposal: Interim Director of Development Services Ramirez clarified that the recommendation of staff is that the Planning Commission select one of the two options presented to the Commissioners for VAR No. 2015 -01: Option 1: To Deny VAR No. 2015 -01 and Option 2: To Approve VAR No. 2015 -01. Additional materials were handed out to the Commissioner for consideration. Interim Director of Development Services Ramirez (IDDS) introduced the item to the Commission and provided information from the staff report. The applicant is requesting approval of Variance (VAR) No. 2015 -01 to legalize an existing 357 square foot semi - enclosed patio cover attached between the existing single family residence (SFR) and the existing two car garage, on property located at 11175 Elm Street in the R -1 (Single Family Residential) zone. IDDS informed the Planning Commission the variance is to request the reduction in the rear yard setback from 20ft to 5ft and increase the lot coverage from 40% to 48 %. Staff explained that the original residence and garage met all the development standards at the time of construction. When the patio was constructed it triggered the 20ft rear yard setback requirement, as the garage was no longer a detached accessory structure, which only requires a 5ft rear yard setback. IDDS informed the Commission that a site inspection was conducted and the neighborhood was toured. Staff advised that findings to support Option 2 are viable in that the size of the property and the current placement of the original structures does not allow for the 20ft rear set back to meet. Staff further explained that granting the variance does not grant a special privilege as there are similar patios in the area and in the City. Both options were presented to Commission for consideration and to provide direction to staff. 2 Chair Casanova inquired about the patios in the surrounding area and asked if they were of a similar situation with similar property lines. He also asked if those patios were permitted. IDDS replied that the records were not reviewed as she was looking at the existing character of the neighborhood. Commissioner Battle asked staff for confirmation that the patio was similar to the other patios that are not known to be legal. IDDS confirmed. Commissioner Younger point out that the permits for all surrounding patios should have been checked. He also questioned staff on their ability to have an opinion of the patio's conformance when it is not known if the other patios are legal. IDDS stated the purpose was to evaluate if the patio matches the existing characteristics of the neighborhood. Vice Chair Landeros stated that he personally looked at the patio. He stated that the patio was well constructed, there are similar patios in the surrounding neighborhood, and the patio didn't bother the neighbors. IDDS reminded the Commission that the variance was for the setbacks but plans for the structure would have to be submitted through the Plan Check process of Building and Safety. Chair Casanova opened the Public Hearing for item #8. The applicant approached the podium and Deputy City Clerk translated for her. Applicant Ana Maria Munguia, 11175 Elm Street Lynwood resident for thirty five years, stated she would like to keep her patio as it doesn't bother her neighbors. She said that the City was asking for her to demolish six feet from her patio and she was seeking consideration for the structure to remain in place. The applicant stated that the Fire Department told her that due to fire hazard, six feet from the patio cover would have to be removed from either the residence or the garage connection. She stated that removing six feet from either wall would not make much of the difference in case of a fire. Ms. Munguia stated that if she left the patio attached to the single family residence and the residence caught fire, she would have no use for the garage as she would not be able to use it as living quarters. Ms. Munguia stated that her patio was well constructed 3 and that it was not impacting her neighbors. She pointed out that she had her surrounding neighbors joining her at the meeting to support her application. Ms. Mungia concluded that she was in front of the Commission asking for her patio to be maintained as is and that her patio not impacting anyone and provides a fagade to her house. She commented that she submitted photos as part of her application to show the patio is beautiful. Commissioner Younger asked the applicant if the patio cover was already constructed when she moved in. The applicant answered with a no. She advised that it was constructed when an addition was constructed to the house. Commissioner Younger asked the applicant if she had applied for a permit to construct the patio. The applicant responded she didn't know her patio was illegal at the time of construction. She advised the Commission that she was divorcing from her husband and didn't know if her husband had applied to legalize the patio or not. Commissioner Battle asked the applicant to confirm that the Fire Department was requiring six feet to be removed from the patio. Ms. Munguia advised the Commission that her patio has two arches and if the six feet were removed from either side it would alter the aesthetic of the patio. Commissioner Battle asked the applicant to clarify the safety reason given by the Fire Department. Ms. Munguia informed the Commission that she had a meeting approximately one year ago with then -Mayor Castro, other Council Members, and a Fire Department representative. At that meeting the Fire Department representative stated that six feet had to be removed from the patio because of a potential fire hazard. She explained that the representative mentioned the proximity of the property lines to the garage, house and the patio cover. She further advised the Commission that at the meeting Mayor Castro inquired as to the origination of the regulation. The representative responded that the regulation was in existence for a long time. Ms. Mungia concluded that she was advised to apply for a variance because the origin of the regulation was unknown. Commissioner Younger asked the applicant if she had answered his question in which he asked if the patio was build with a permit. The applicant responded that she was not aware that the patio did not have a permit until it was inspected. 4 Vice Chair Landeros commented he had noted the patio had fire retardant material during his inspection of the patio. Commissioner West noted that the Vice Chair comments were more appropriate during Commission's discussion of the items rather than the current questioning of the applicant. Chair Cassanova agreed with Commissioner West and asked the Vice Chair if he had any questions for the applicant. Vice Chair Landeros responded no. Commissioner West asked the applicant if she was the property owner. Ms. Munguia confirmed that she was the property owner. Chair Casanova asked the audience if anyone else would like to comment on the item. Beatriz Patron 11174 Elm Avenue, resident for over 30 years, informed the Commission that the patio did not bother her at all. She also stated that the applicant was a good neighbor. Vice Chair Landeros asked the speaker if the patio bothered her. Ms. Patron responded no. Chair Casanova asked Commissioner Younger if he had any questions for the speaker. Commissioner Younger responded he did not. Chair Casanova closed the public hearing. DISCUSSION ITEM Chair Casanova asked Commissioner Battle if she had any comments. Commissioner Battle passed. Commissioner West stated he was interested in hearing the Vice Chairs comments. Commissioner Younger asked Chair Casanova if they were able to ask staff questions. 5 Chair Casanova responded yes. Commissioner Younger referred staff to a letter dated in 2014, which communicated to the applicant staff would not support a Variance. IDDS informed Commissioner Younger that the letter was written by the previous Interim Director of Development Services and as a result, both options for the variance were presented to the Commissioners. Vice Chair Landeros stated that the patio in question had fire retardant material and if a patio is built nice and doesn't interfere with the surround neighbors he was going to support its legalization. Interim Director of Development Services clarified that plans were routed to the Fire Department and no comments were received. Commissioner Younger stated that the Vice Chair's comments were wonderful but if the patio was constructed without permits, the patio was still illegal. Vice Chair Landeros responded that he felt residents had to be given a chance to correct their troubles. He further stated that people were not going to come to the City to try and legalize things if the Commission was not going to approve their applications. He concluded that the Commission had to start to bring people to the table. Commissioner West stated that it didn't matter if the patio was nice because it doesn't conform to code. He stated everyone must abide by the code. In addition he stated the Commission was going to have to lock down. He concluded that the City has standards and if the Commission or the City does not like the standards then the code needs to be changed. Vice Chair Landeros commented minor variances do not come before the Commission. Commissioner West stated the Commission is reviewing the variance before the Commission. City Attorney Garcia informed the Commission that the letter written by the previous Interim Director of Development Services did not have legally bind the Commission or the City and referenced the last paragraph of the letter which states the Planning Commission has authority to grant the variance. He further explained the applicant before the Commission is applying for a variance and the Planning Commission can grant the variance if the findings are able to be made. M Hearing no further discussion, a motion to select option 2: To Approve VAR No. 2015- 01 was moved by Vice Chair Landeros Casanova, seconded by Chair Casanova and to adopt: VARIANCE NO. 2015 -01 RESOLUTION NO. 3347 TO LEGALIZE AN EXISTING 357 SQUARE FOOT UNENCLOSED PATIO COVER ATTACHED BETWEEN THE EXISTING SINGLE FAMILY RESIDENCE AND THE EXISTING TWO -CAR GARAGE AT 11175 ELM STREET, ASSESSOR PARCEL NUMBER 6193 - 011 -013 IN THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL: AYES: CASANOVA, LANDEROS NAYES: BATTLE, YOUNGER, WEST ABSENT: ITEM #9- DISCUSSION ITEM IDDS presented the solar panel memo to the Commission and informed the Commission there was no current ordinance in the City of Lynwood addressing the development standards of solar panels. In preparation for the memo, a total of twelve cities were surveyed. The results were the following: eight of the twelve cities had Development Standards for Solar Panels; five had specific code sections for the expedite process of permit issuance; all twelve cities have non - discretionary approval /permitting processes; four cities require submittal to Building and Safety directly, and all twelve cities require Plan Check. IDDS also informed the Commission of the restrictions the Solar Rights Act places on development standards pertaining to solar panels. Commissioner West asked staff what would be the next step with the information given. IDDS stated that a draft of development standards could be drafted for consideration of the Planning Commission. Staff noted, that due to the Solar Rights Act, local governments are limited in restricting the installation of solar panels on aesthetics. Commissioner Younger commented that the City needed to establish conformity on placement of solar panels. Staff informed the Commission the Solar Rights Act prevents local government from impeding on the ability of the solar panels to capture max sun exposure. Commissioner Younger asked staff to explain the approval process for solar panels. VA IDDS explained Site Plans are currently reviewed by the Planning Division. Once plans are approved by the Planning Division the applicant submits their plans to Building & Safety for Plan Check. Once approvals are obtained a permit can be issued. Commissioner Younger directed staff to bring back more information for discussion at the next Planning Commission meeting. Chair Casanova asked that the item be brought back on the next Planning Commission agenda with more information, specifically draft development standards. COMMISSION ORALS Commissioner West stated that at 5144 Imperial Highway, a new business is using a vehicle to prop A -frame signs and advertisements for auto loans. Also, the graffiti issue from last month's Planning Commission meeting has not been addressed. The graffiti has now expanded to a second home. The addresses are 10982 Pine Avenue and 10991 Pine Avenue. He stated, everyone has been nice and has logged his complaint in but the problem seems to be with the people doing the work. The graffiti continues on the driveway and can be seen at the corner of Imperial and Pine. He concluded by stating, that graffiti always becomes an issue when it is not taken care of. Commissioner Younger stated he has called the City numerous time to report graffiti and the City has always responded. He thought the graffiti workers were doing a good job in some places but not in others. Commissioner Younger turned his comments to Item #8 of the agenda. He stated that there needs to be conformity on what can be done and what cannot be done. He explained that he thought people cannot be allowed to put up illegal structures then apply to the Planning Commission to legalize the structure or people will elect to go that route. He stated that the Planning Commission has to look hard and not give into people because they look like us or we like them. Commissioner Younger concluded by wishing the City Attorney and staff happy holidays and hoped everyone stayed safe. Vice Chair Landeros stated that the graffiti workers were doing a good job on his block. Every time he calls they come. He stated with the little staff they have they are doing a good job. Vice Chair Landeros then explained that he was on the Commission to represent the community and his neighbors. If he can right a wrong because people don't know I will. He expanded that because of these reasons he took the time to go and look at the patio. He advised his colleagues that if the patio was constructed wrong then he would not have supported the applicant. He stated that the Commission has to bring people to the table to legalize their structures and that the Commission has to do something. He turned his attention to Commissioner Younger and said he would help everyone. He concluded by wishing everyone a Merry Christmas. H Commissioner Battle stated that there was a port -a -potty on the sidewalk on the west side of Atlantic and north of Walnut for quite some time. She advised that she was not sure if it belonged to the utility. She stated at work people use to do something then ask her about it after. She explained that comment was in reference to tonight's item. She further stated that if the Commission or the City did not like a policy then the policy needs to be changed and the Commission should not be looking at a single property at a time. She elaborated that if the standards are that everyone has a patio then maybe the code needs to be changed if the patios are ok with the City. Commissioner Battle commented that she is sure the patio was beautiful and that the applicant's neighbors like her, but it set the City up. She concluded by wishing everyone Happy Holidays. Chair Casanova stated that there was graffiti down the street from the port -a -potty on the overpass of the freeway on Atlantic Avenue and asked staff if the property belonged to Caltrans or Lynwood. Senior Public Works Manager Saikaly responded that the property belonged to Caltrans. Chair Casanova directed staff to reach out to Caltrans because it looks horrible. He inquired if the surrounding property also belonged to Caltrans, specifically the area with the overgrown grass. Senior Public Works Manager Saikaly responded that mostly likely the area in question belonged to Caltrans. Chair Casanova stated there was brush and weeds that are overgrown and directed staff to reach out to Caltrans. He urged staff to inquire with Caltrans what can be done to secure the area. He concluded by wishing everyone Happy Holidays. STAFF ORALS Interim Director advised the Commission that more variances will be on the Planning Commission agendas in the months to come. Senior Public Works Manager Saikaly informed the Commission the City has 4 full time employees that respond to graffiti complaints. The City also has contract for graffiti cleanup on the weekends. Graffiti is constantly being worked on. It is an overwhelming issue but there are dedicated staff removing graffiti 10hrs a day. He acknowledged that some graffiti slips through the cracks but he assured the Commission a visit will be made to Pine and Imperial. Mr. Saikaly advised he would contact the owner of the Aort- a -potty to have it removed and if the owners do not respond Public Works will take other measures. He advised he will contact Caltrans. He noted that there was graffiti on the 710 Imperial underpass and he would also report that graffiti to Caltrans too. 0 Commissioner West stated he understood that there was a lot of graffiti in the city but when it has been over 12 weeks that was a different subject matter. Public Works Manager Saikaly advised Commissioner West that it was brought up to the attention of the supervisor a month ago, but it will again be discuss. Public Works Director Raul Godinez introduced himself. He inquired if Commissioner West was referring to the Caltrans property. Commissioner West confirmed his comment was not in reference to the Caltrans property. Public Works Director Godinez advised the Commission that they were also able to contact their State Representatives in regards to graffiti on Caltrans property. He informed the Commission that earlier in the day Mr. Ortega was on his way back from having the graffiti vehicle serviced at 3:45pm and the vehicle broke down. He was just arriving back into the yard. Mr. Godinez explained Public Works does not have a mechanic onsite and have to rely on outside vendors which present these challenges. Mr. Godinez informed the Commission that there is one truck to service all the graffiti calls. He concluded by stating he wanted to stop by and introduce himself and say hello. ADJOURMENT Having no further discussion, it was moved by Commissioner Younger and seconded by Commissioner West to adjourn the meeting. Planning Commission meeting was adjourned at 7:20 PM APPROVED AS TO CONTENT: Erika Ramirez, Interim Director Development Services 10 Jorge Casanova, Chair Lynwood Planning Commission APPROVED AS TO FORM: David A. Garcia, City Attorney Planning Commission Counsel city C& LYNWOOD Doom -t Caq ,MeeNeg Cita"mes 11330 BULLIS ROAD LYNWOOD. CALIFORNIA 90262 13101609-0220 DATE: January 12, 2016 TO: Honorable Chair and Members of the Planning Commission FROM: Erika Ramirez, Interim Director of Development Services 7^- Mike Poland, Interim Planning Manager W SUBJECT: Conditional Use Permit No. 2015 -03 Variance No. 2015 -03 10112 Long Beach Boulevard APN: 6207 - 009 -007 & 008 APPLICANT: Bhavesh Patel PROPOSAL The applicant, Bhavesh Patel, is requesting consideration of a Variance to reduce the required number of parking spaces by over 25 %, a reduction in the required front yard setback from 15 feet to 8 feet, a reduction in the rear yard setback from 15ft to 4 feet 3 inches, a reduction in the side yard setback requirement from 5 feet to 1 foot 4 inches, a reduction in the minimum lot depth from 200 feet to 151.54 feet, a reduction in the minimum lot size from 2 acres to .34 acres, a reduction in the required minimum number of units from 100 units to 21 units, a reduction in the minimum motel unit size from 400 square feet including the restroom to 214 square feet including the restroom, and from the required distance of 100 feet from a residential use. A request for approval of Conditional Use Permit No. 2015 -03, to re- establish motel use and remodel an existing and vacated 9,080 square foot commercial building previously utilized as a 21 unit motel. The property is located at 10112 Long Beach Boulevard in the C -3 (Heavy Commercial) zone and in Village I of the Long Beach Specific Plan. 1 BACKGROUND In 1941 and 1942, a 21 unit motel was legally established and constructed at APN 6207- 009 -007 & 008 or 10112 Long Beach Boulevard in the City of Lynwood. The motel was commonly known as "Rest Well Motel ". Development standards specific to motel and hotels were adopted on May 5, 1992 as Ordinance 1377, "AN ORDINANCE OF THE CITY COUNCIL OF LYNWOOD AMENDING SEC TION 25 -9.7 (c) OF THE LYNWOOD MUNICIPAL CODE RELATING TO HOTEL /MOTEL DEVELOPMENT STANDARDS." The said ordinance redefined a motel as "as an establishment providing transient accommodations containing six (6) or more rooms with at least twenty five percent (25 %) of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building." In addition, it redefined a hotel as "a facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities." Further it required a condition use permit be obtained to establish a motel or a hotel use. Lastly the following development standards were enacted: A. Permitted in commercial zones subject to a conditional use permit. B. No cooking facilities shall be permitted in any rooms, other than the manager's C. The following development standards must be met: 1. Hotel parking: One off street parking space per room. In addition, there must be a restaurant or banquet facilities with parking provided at one space per one hundred (100) square feet of gross floor area, and employee parking at one off street space per six (6) rooms. 2. Motel parking: One off street parking space per room and one off street parking space per six (6) rooms for employee parking. 3. Landscaped setback: Fifteen feet (15') front yard, five feet (5) side yards and fifteen feet (15') rear yard. 4. Minimum lot depth: Two hundred feet (200'). 5. Minimum lot size: Two (2) acres. 6. Each hotel must have a bona fide restaurant or banquet facility with a minimum of five thousand (5,000) square feet of gross floor area. 7. Minimum number of units: One hundred (100) units. 2 8. Minimum motel unit size: Four hundred (400) square feet including restroom. 9. Minimum hotel unit size: Four hundred (400) square feet including restroom. 10. No motel use shall be within one hundred feet (100') of a residential use. D. Such uses shall be permitted only within one thousand five hundred feet (1,500') of a freeway. E. No room shall be rented more than once within a twenty four (24) hour period. F. Any other conditions deemed necessary by the planning commission to protect the public health, safety and general welfare of the surrounding community. As of May 5, 1992, the Rest Motel has held the status of a legal non - conforming use as a condition use permit was not tied to the motel use and its structures were legal non- conforming per they did not meet the newly adopted development standards. The status expired on January 1, 2015 because the owner was not able to renew his business license due to his unfortunate death. According to the Lynwood Municipal Code (LMC) Section 25 -165 -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 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. Based on the information outlined above from the LMC, the applicant must obtain a conditional use permit (CUP) to re- establish the motel use and must obtain a variance to deviate from the development standards. ANALYSIS & DISCUSSION The size and shape of the subject property presents a challenge for any commercial rehabilitation project. To develop the property with a commercial use meeting all current development standards would require the majority of the structures if not all to be demolished and new structures to be constructed. Surrounding adjacent uses include a single story smoke shop to the north, a two story apartment building across the street to the south, a couple of vacant retail spaces and a travel agent across the street to the west, and single family residences adjacent to the east. The immediate commercial neighborhood appears to be in some economic distress and the structures need maintenance. A small motel would be compatible with the surrounding land uses. 3 Although the property does not meet the minimum lot requirements, the buildings can be rehabilitated to restore the motel use. The Department of Public Works has reviewed the site plan and has made recommendations to the applicant to satisfy their circulation concerns. The applicant will be incorporating a right turn only sign exiting onto Long Beach Boulevard and is incorporating an ADA parking stall into its site plan revisions. The Long Angles County Sherriff's Department ( LACSD) was consulted in regards to potential redevelopment project. LACSD advised the City there were no safety concerns associated with the applicant's request. Further a national franchised motel would be supported and seen as an improvement to the area. The present vacant property creates a blighted environment. Rehabilitating the structures as a national franchise motel would improve the appearance of the general area and create a stable business environment. Staff is concerned if the property is left undeveloped it will become a haven for transients, drug use and other social ills. This has been the experience at other properties that are left vacant, specifically at another vacant motel on Long Beach Blvd. south of the proposed project. The applicant is proposing to establish a Rodeway Inn franchisee motel by Choice Hotels. Rodeway Inn is an established and recognized international budget motel. As of first quarter 2015 there were 513 Rodeway Inn properties open or in the pipeline. Rodeway Inn offers the basics for travel on a budget, with the reliability and security of a national brand that people trust. It is a part of the reputable international Choice Hotels family that also includes Ascend Hotel Collection, Cambria Hotels & Suites, Comfort Inn, Comfort Suites, Sleep Inn, Quality, Clarion, MainStay Suites, Suburban, and Econolodge. The applicant is proposing an innovative internet based business model in which the vast majority of the motel reservations will be made via booking.com. In addition, the majority of these reservations will be made by international travelers, who are budget conscious, mass transit dependent (approximately 30 %) and have an average of a two week stay. The applicant projects his occupancy rate to be an average of 65% during the high season. Interior and exterior improvements will be made to structures that consist of converting an existing 172 square feet garage into a reception office and the existing office into a living unit with three bedrooms, kitchen, bathroom and living room. Rooms will be completely refurbished. The exterior will be improved to include paint, stonework, new roofing materials and the removal of the gate along the property line. El ENVIRONMENTAL REVIEW This project has been found to be Categorically Exempt from the requirements of CEQA pursuant to Section 15302 /Class 2(b) of the California Environmental Quality Act (CEQA) Guidelines. A Class 2 Categorically Exemption consists of the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to the replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. RECOMMENDATION Staff recommends the Planning Commission take the following actions: 1. Find the project (Variance No. 2015 -03 and Conditional Use Permit No. 2015 -03) is exempt from California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15302(b) of the CEQA Guidelines; and 2. Approve Variance No. 2015 -03 to reduce the required number of parking spaces by over 25 %, a reduction in the required front yard setback from 15 feet to 8 feet, a reduction in the rear yard setback from 15ft to 4 feet 3 inches, a reduction in the side yard setback requirement from 5 feet to 1 foot 4 inches, a reduction in the minimum lot depth from 200 feet to 151.54 feet, a reduction in the minimum lot size from 2 acres to .34 acres, a reduction in the required minimum number of units from 100 units to 21 units, a reduction in the minimum motel unit size from 400 square feet including the restroom to 214 square feet including the restroom, and from the required distance of 100 feet from a residential use, as the required findings can be made as noted in the attached Resolution (Resolution No. 3350), based on the analysis in the staff report, and conditions itemized in Exhibit A of the Resolution; and 3. Approve Conditional Use Permit No. 2015 -03 to re- establish motel use and remodel an existing and vacated 9,080 square foot commercial building previously utilized as a 21 unit motel, as the required findings can be made as noted in the attached Resolution (Resolution No. 3351), based on the analysis in the staff report, and conditions itemized in Exhibit A of the Resolution. SUGGESTED MOTIONS 1 "I MOVE THAT THE CITY OF LYNWOOD PLANNING COMMISSION APPROVE VARIANCE NO. 2015 -03 WITH FINDINGS AND CONDITIONS" s "1 MOVE THAT THE CITY OF LYNWOOD PLANNING COMMISSION APPROVE CONDITINAL USE PERMIT NO. 2015 -03 WITH FINDINGS AND CONDITIONS" Project Profile Location Map Resolution Nos. 3350 and 3351 with Conditions of Approval Notice of Exemption Plans 1 7 3. 4 61 PROJECT PROFILE Variance No. 2015 -03 Conditional Use Permit No. 2015 -03 10112 Long Beach Boulevard APN: 6207 - 009 -007 & 008 Source and Authority Lynwood Municipal Code (LMC) Section 25.25 sets forth development standards in commercial zones and the Long Beach Boulevard Specific Plan sets forth establishes design guidelines for architecture and landscaping along Long Beach Boulevard Property Location and Size The subject property is a rectangular shaped lot that totals approximately 14,900 square feet in area. The property is located at 10112 Long Beach Boulevard. Existino Land Uses Site Existing Land Use North: Multi - Family Residential (Wisconsin Avenue) South: Commercial West: Commercial (Long Beach Boulevard) East: Multi - Family Residential Land Use Designation The subject property has a General Plan Designation of Single Family Residential and the current zoning is R -1 (Single Family Residential). The adjoining properties General Plan and Zoning designations are as follows: Site General Plan North: Village I of the Long Beach Specific Plan South: Village I of the Long Beach Specific Plan West: Village I of the Long Beach Specific Plan East: Village I of the Long Beach Specific Plan Public Response Zoning C3 (Heavy Commercial) R -3 (Multi - Family Res.) C3 (Heavy Commercial) C3 (Heavy Commercial) R -3 (Multi - Family Res.) E -mail received from Jay Dee Cutting of Choice Hotels International, dated January 5, 2016. LOCATION MAP SITE ADDRESS: 10112 LONG BEACH BOULEVARD APN: 6207- 009 -007 & 0008 CASE NO.: CUP 2015 -03 /VAR. 2015 -03 APPLICANT: BHAVESH PATEL RESOLUTION NO. 3350 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2015 -03, A REQUEST TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES BY OVER 25 %, A REDUCTION IN THE REQUIRED FRONT YARD SETBACK FROM 15 FEET TO 8 FEET, A REDUCTION IN THE REAR YARD SETBACK FROM 15FT TO 4 FEET 3 INCHES, A REDUCTION IN THE SIDE YARD SETBACK REQUIREMENT FROM 5 FEET TO 1 FOOT 4 INCHES, A REDUCTION IN THE MINIMUM LOT DEPTH FROM 200 FEET TO 151.54 FEET, A REDUCTION IN THE MINIMUM LOT SIZE FROM 2 ACRES TO .34 ACRES, A REDUCTION IN THE REQUIRED MINIMUM NUMBER OF UNITS FROM 100 UNITS TO 21 UNITS, A REDUCTION IN THE MINIMUM MOTEL UNIT SIZE FROM 400 SQUARE FEET INCLUDING THE RESTROOM TO 214 SQUARE FEET INCLUDING THE RESTROOM, AND FROM THE REQUIRED DISTANCE OF 100 FEET FROM A RESIDENTIAL USE ON PROPERTY LOCATED AT 10112 LONG BEACH BOULEVARD, ASSESSOR'S PARCEL NUMBERS 6207 - 009 -007 AND 6207- 009 -008 IN THE C -3 (HEAVY COMMERCIAL) ZONE AND IN VILLAGE I OF THE LONG BEACH SPECIFIC PLAN, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: A. Recitals (i) Bhavesh Patel, property owner, 10112 Long Beach Boulevard, Lynwood, Ca 90262 has filed an application for approval of a Variance to vary and /or modify the strict application of the regulations or provisions contained in the City of Lynwood Municipal Code. The Variance request is necessary to re- establish a motel use and remodel an existing and vacated 9,080 square foot commercial building previously utilized as a 21 unit motel. In order to do so, the applicant is request approval to reduce the required number of parking spaces by over 25 %, a reduction in the required front yard setback from 15 feet to 8 feet, a reduction in the rear yard setback from 15ft to 4 feet 3 inches, a reduction in the side yard setback requirement from 5 feet to 1 foot 4 inches, a reduction in the minimum lot depth from 200 feet to 151.54 feet, a reduction in the minimum lot size from 2 acres to .34 acres, a reduction in the required minimum number of units from 100 units to 21 units, a reduction in the minimum motel unit size from 400 square feet including the restroom to 214 square feet including the restroom, PC Resolution No. 3350 Variance No. 2015 -03 January 12, 2016 and from the required distance of 100 feet from a residential use. The subject property is located at 10112 Long Beach Boulevard, Lynwood, California 90262 (APN: 6207 -009- 007 and 6207 - 009 -008) in the County of Los Angeles. Hereinafter in this Resolution, the subject Variance request is referred to as the "application ". This resolution supplements any previous approvals for this location. (ii) On January 12, 2016, this Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Lynwood as follows: 1. The Planning Commission hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Planning Commission during the above - referenced hearing, including written staff reports, verbal testimony, and development plans dated January 5, 2016, this Planning Commission hereby specifically finds as follows: The Planning Commission hereby finds and determines as follows: a) That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone. Due to its corner location, the subject property, which is located at the northeast corner of the intersection of northeast corner of Wisconsin Avenue and Long Beach Boulevard has less street frontage along its front property line fronting on Long Beach Boulevard than other corner properties fronting on Long Beach Boulevard in the same vicinity and zoning district. Other corner properties fronting Long Beach Boulevard have street frontage widths of 120 feet and greater, whereas, the subject property has only 95 feet of street frontage along Long Beach Boulevard. b) That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone, but which is denied the property in question. 2 PC Resolution No. 3350 Variance No. 2015 -03 January 12, 2016 Strict application of the setback standards prohibit provisions of adequate parking for anymore than 12 room motel. This would eliminate over half of the proposed rooms. Strict application forces the property owner to abandon the proposed used of the existing buildings, without any demonstrable offsetting protection to the community that would justify the hardship imposed on the landowner. The granting of this variance is necessary to provide reasonable use of the existing structures. Without this variance, 9 rooms would have to be demolished preventing the existing structures to be utilized as proposed. The applicant is not requesting an expansion of any structure or use, merely reasonable use of what currently exists. The applicant's request is necessary for the preservation and enjoyment of substantial property rights that are possessed by other properties in the vicinity and zone. Due to its corner lot location and size, the subject site cannot be developed to the same extent (lot coverage, setback, etc.) that other properties enjoy. c) That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. The granting of the Variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity, in that the existing structure will be remodeled and upgraded to comply building, plumbing, electrical, mechanical and fire codes and thereby alleviating any of the current public health, safety and structural issues and violations. Development of the property as proposed will not impair the neighboring commercial and residential properties nor impair other development opportunities of the existing adjacent properties. Although the variance would allow the reduction in parking a minimum of approximately 30% of the guest are expected to not be utilizing a private vehicle for transportation while they are staying at the proposed motel. The majority of guests will be international visitors who have made their reservations online via booking.com. These quests will have an average stay of 2 weeks. Therefore the reduction in parking stall will impact the surrounding neighborhood. Leaving the property undeveloped and vacant creates the potential to duplicate the safety issues and drain of City and policing resources that the City has experienced at vacant, abandoned or undeveloped properties. The development of the property would safeguard against the potential negative impacts of leaving the property vacant. PC Resolution No. 3350 Variance No. 2015 -03 January 12, 2016 d) That in granting the variance, the spirit and intent of the Zoning Code will be observed. In granting the Variance, the spirit and intent of the Zoning Code will be observed in that one of the purposes of the Lynwood Zoning Code is to protect and promote the public health, safety and general welfare of the City. Redevelopment of the project site will alleviate public health, safety and general welfare issues by requiring the project to be in substantial compliance with the most recently adopted applicable codes and regulations. The Variance does not permit the establishment of a motel, an additional approval of a Conditional Use Permit is still required to allow the proposed use within the C -3 (Heavy Commercial) Zone and in Village l of the Long Beach Boulevard Specific Plan. The facade improvements are in accordance with the Architectural Design Guidelines of the Long Beach Boulevard Specific Plan. Spanish colonial style is recommended for buildings in Village I. the applicant has proposed a tile roof in a terracotta color, stone work will be added to the exterior walls to provide visual interest, and the stucco on the exterior is smooth and an earth tone color. e) That the Variance does not grant special privilege to the applicant. Approval of the Variance will not grant a special privilege to the applicant in that the adaptive reuse of the older structure with substantial improvements will allow the property to be improved for the current market use consistent with other uses /business in the boundaries of the Long Beach Boulevard Specific plan.. f) That the Variance request is consistent with the General Plan of the City of Lynwood. Approval of the Variance request is consistent with the General Plan of the City of Lynwood and the Long Beach Boulevard Specific Plan in that redevelopment of the project site will assist the City of Lynwood in continuing to strengthen the existing business and economic market along Long Beach Boulevard through the use of revitalization, appropriate facade treatments, streetscapes, and proper signage. Furthermore, the Variance request along with approval of the Conditional Use Permit to re- establish a motel helps to implement the following goals and policies of the Lynwood General Plan; a. General Plan Goal LU -2 "to plan for a range of Commercial sites within the Planning Area to serve the needs of those living working and visiting Lynwood. These commercial areas will provide a range of Commercial 4 PC Resolution No. 3350 Variance No. 2015 -03 January 12, 2016 opportunities in line with the needs of the above groups, and will continue to develop Lynwood as a retail center for the area" and b. General Plan Policy ED1 -1 "the City shall encourage increases in economic development within the Community" and c. General Plan Policy ED1 -5 `the City shall make business retention and expansion an integral part of the City's economic development efforts Business Recruitment." 3. The Planning Commission hereby finds and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there under pursuant to Class 3(b), Section 15303 of Division 6 of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3, above, this Planning Commission hereby approves the application subject to the plans date stamped "January 5, 2016. ", as modified herein and the following reasonable conditions set forth in paragraph 5 of this Resolution. 5. The following conditions are deemed necessary to protect the public health, safety, and general welfare and are reasonable and proper in accordance with the purpose and intent of the Lynwood City Code: CONDITIONS OF APPROVAL Variance No. 2015 -03 10112 Long Beach Boulevard APN: 6207 - 009 -007 and 6207 - 009 -008 LYNWOOD, CA 1) The Variance approval must be acted upon within one year. Variance No. 2015- 03 shall become null and void 365 days from the date of approval if not acted on within this period. The expiration date is January 12, 2017. 2) The Project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, and by all City Departments. 3) The Project shall be substantial compliance with plans approved by the City of Lynwood Planning Commission dated January 12, 2016 and on file in the Development Services Department, Planning Division. 4) Any proposed subsequent modification of the Project site, structures thereon or hours of operation shall be first reported to the Development Services 5 PC Resolution No. 3350 Variance No. 2015 -03 January 12, 2016 Department for review and written approval of said modifications prior to any modification. 5) The Applicant shall sign a Statement of Acceptance stating that he /she has read, understands, and agrees to all conditions of this resolution. 6) Conditions of approval shall be printed on plans to submission to the Building and Safety Division for plan check. 7) The Applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of this approval. The Applicant shall reimburse and indemnify the City, its agents, officers or employees for any award, court costs, and attorney's fees which the City, its agents, officers, or employees may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve Applicant of his obligations under this condition. 8) All construction shall meet or exceed the minimum building standards that are referenced in the following codes. •The California Building Code - 2014 edition, • The California Plumbing Code - 2014 edition; • The California Mechanical Code - 2014 edition; • The Los Angeles County Fire Code — 2014 edition; • The California Electrical Code — 2014 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. 9) Review and approval by the County of Los Angeles Fire Department Fire Prevention Engineering Section Building Plan Check Unit may be required for this project prior to building permit issuance. Contact the Fire Prevention Engineering Section Plan Check office checked below for specific submittal requirements for this project. Fire Prevention Commerce Office 5823 Rickenbacker Road Commerce, CA 90040 (323) 890 -4125 10) Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. 6. A copy of the Resolution No. 3350 shall be delivered to the applicant: 13 PC Resolution No 3350 Variance No. 2015 -03 January 12, 2016 APPROVED this day of , 2016 by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Erika Ramirez, Interim Director Development Services Department VA Jorge Casanova, Chairperson APPROVED AS TO FORM: David A. Garcia, City Attorney Planning Commission Counsel RESOLUTION NO. 3351 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2015 -03, A REQUEST TO RE- ESTABLISH A MOTEL USE AND REMODEL AN EXISTING AND VACATED 9,080 SQUARE FOOT COMMERCIAL BUILDING PREVIOUSLY UTILIZED AS A 21 UNIT MOTEL AT 10112 LONG BEACH BOULEVARD, ASSESSOR'S PARCEL NUMBERS 6207 - 009 -007 AND 6207 - 009 -008 IN THE C -3 (HEAVY COMMERCIAL) ZONE AND IN VILLAGE I OF THE LONG BEACH SPECIFIC PLAN, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: A. Recitals (i) Bhavesh Patel, property owner, 10112 Long Beach Boulevard, Lynwood, Ca 90262 has filed an application for issuance of Conditional Use Permit No. 2015 -03 to re- establish a motel use and remodel an existing and vacated 9,080 square foot commercial building previously utilized as a 21 unit motel at 10112 Long Beach Boulevard, Lynwood, California 90262 (APN: 6207 - 009 -007 and 6207 - 009 -008) in the County of Los Angeles. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as the "application ". This resolution supplements any previous approvals for this location. (ii) On January 12, 2016, this Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Lynwood as follows: 1. The Planning Commission hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Planning Commission during the above - referenced hearing, including written staff reports, verbal testimony, PC Resolution No. 3351 Conditional Use Permit No. 201503 January 12, 2016 and development plans dated January 5, 2016, this Planning Commission hereby specifically finds as follows: a. The proposed request to re- establish motel use and remodel an existing and vacated 9,080 square foot commercial building previously utilized as a 21 unit motel is consistent with the City's Long Beach Specific Plan and Zoning Ordinance, since the proposed project will exhibit use and performance characteristics consistent with adjacent properties and area development as conditioned. b. The property was originally developed to accommodate a 21 unit motel. The site is adequate in size, shape, topography, location, utilities and other factors to accommodate the re- establishment of a motel. Based on operation restrictions and associated improvements, as conditioned, there will be no conflicts or incompatibility created by the proposed use. C. Adequate street access and traffic capacity are available to serve the proposed use as well as existing and anticipated development in the surrounding area. The project will not create traffic disruption in the area and proper on -site circulation will not be compromised. d. Adequate utilities and public services are or will be available to serve the proposed use as well as well as existing and anticipated development in the surrounding area. The proposed use is consistent with similar uses in the vicinity. e. The proposed use will not produce results detrimental to the public health, safety, or welfare and will not be injurious to other properties in the vicinity. Adequate buffering elements and operation conditions have been incorporated to prevent negative impacts onto surrounding properties. 3. The Planning Commission hereby finds and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there under pursuant to Class 3(b), Section 15303 of Division 6 of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3, above, this Planning Commission hereby approves the application subject to the plans date stamped "January 5, 2016. ", as modified herein and the following reasonable conditions set forth in paragraph 5 of this Resolution. 5. The following conditions are deemed necessary to protect the public health, safety, and general welfare and are reasonable and proper in accordance with the purpose and intent of the Lynwood City Code: 2 PC Resolution No. 3351 Conditional Use Permit No. 2015 -03 January 12, 2016 CONDITIONS OF APPROVAL Conditional Use Permit No. 2015 -03 10112 Long Beach Boulevard APN: 6207 - 009 -007 and 6207 - 009 -008 LYNWOOD, CA Development Services Department/Planning Division 1. The Project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, and by all City Departments. 2. The Project shall be substantial compliance with plans approved by the City of Lynwood Planning Commission dated January 12, 2016 and on file in the Development Services Department, Planning Division. 3. This grant authorizes the use at 10112 Long Beach Boulevard as a motel, in accordance with the approved plans stamped received on January 5, 2016, subject to all of the following conditions of approval, a variance to provide 14 number of parking spaces instead of 24 total spaces, a reduction in the required front yard setback from 15 feet to 8 feet, a reduction in the rear yard setback from 15ft to 4 feet 3 inches, a reduction in the side yard setback requirement from 5 feet to 1 foot 4 inches, a reduction in the minimum lot depth from 200 feet to 151.54 feet, a reduction in the minimum lot size from 2 acres to .34 acres, a reduction in the required minimum number of units from 100 units to 21 units, a reduction in the minimum motel unit size from 400 square feet including the restroom to 214 square feet including the restroom, and from the required distance of 100 feet from a residential use. 4. This grant shall not be effective for any purpose unless the applicant and the owner of the subject property if other than the applicant, have signed a Statement of Acceptance stating that he /she has read, understands, and agrees to all conditions of this resolution. 5. Prior to use of this grant, the property owner or applicant shall record the terms and conditions of the grant in the office of the County Recorder. In addition, upon transfer or lease of the subject property during the term of this grant, the property owner or applicant shall promptly provide a copy of the grant and its conditions to the transferee or leasee of the subject property. Upon recordation, an official copy of the recorded conditions shall be provided to the Director. 6. If any provision of this grant is held or declared to be invalid, the permit shall be void, and the privileges granted hereunder shall lapse. t' PC Resolution No. 3351 Conditional Use Permit No 2015 -03 January 12, 2016 7. Any proposed subsequent modification of the Project site, structures thereon shall be first reported to the Development Services Department for review and written approval of said modifications prior to any modification. 8. Within 30 calendar days of the approval of Resolution No. 3351 by the Lynwood Planning Commission the applicant/property owner is required to submit a completed Site Plan Review Application to the Planning Division, including the fee of $703.26. 9. Prior to the issuance of a building permit, the applicant shall prepare a detailed landscape plan for the project site which shall be approved by the Director of Development Services. The plan shall be certified by a licensed landscape architect or a licensed landscape contractor, as required, as taking into account approved preliminary landscape plan (if any), adopted plant palette guides, applicable specific plan requirements, and appropriate water conservation measures. 10. Prior to the issuance of certificates of use and occupancy, applicant shall install the landscaping and irrigation system and shall have a licensed landscape architect or licensed landscape contractor, certify that it was installed in accordance with the approved plan. 11. Prior to issuance of any building permit, the applicant shall demonstrate that all exterior lighting has been designed and located so that all direct rays are confined to the property in a manner meeting the approval of the Director of Development Services 12. Prior to the issuance of any building permit, the project proponent shall produce evidence acceptable to the Director of Development Services, that: a. All construction vehicles or equipment, fixed or mobile, operated within 1,000' of a dwelling shall be equipped with properly operating and maintained mufflers. b. All operations shall comply with the Lynwood Municipal Code. c. Stockpiling and /or vehicle staging areas shall be located as far as practicable from dwellings. 13. Any proposed subsequent modification of the Project site, structures thereon or hours of operation shall be first reported to the Development Services Department for review and written approval of said modifications prior to any modification. 4 PC Resolution No. 3351 Conditional Use Permit No. 2015 -03 January 12, 2016 14. The Applicant shall sign a Statement of Acceptance stating that he /she has read, understands, and agrees to all conditions of this resolution. 15. Conditions of approval shall be printed on plans to submission to the Building and Safety Division for plan check. 16. Failure to abide by and faithfully comply with any and all conditions attached to this approving action shall constitute grounds for the revocation of said action by the Lynwood Planning Commission 17. The Applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of this approval. The Applicant shall reimburse and indemnify the City, its agents, officers or employees for any award, court costs, and attorney's fees which the City, its agents, officers, or employees may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve Applicant of his obligations under this condition. 18. All structures, walls, and fences open to public view shall remain free of extraneous markings, drawings or signage. These shall include any of the above that do not provide pertinent information about said premises. 19. In the event such extraneous marking occur, the applicant shall remove or cover said markings, drawings, or signage within twenty -four (24) hours of such occurrence, weather permitting. Paint utilized in covering such markings shall be of a color that matches the color of the adjacent surfaces. 20. The operation of the proposed use shall be further subject to all the following restrictions: a. The applicant shall provide adequate lighting for the parking lot area. This lighting shall be so arranged to prevent glare or direct illumination in adjoining properties; b. The applicant shall maintain a minimum of 14 on -site parking spaces; c. Amplified sound equipment, music or public address systems intended to be audible outside the building is prohibited; Cl. The use authorized hereby shall be conducted at all times with due regard for the character of the surrounding neighborhood, and the right is reserved to the City of Lynwood Planning Commission to impose additional corrective conditions subject to proper notice and applicable procedures, if in the Commission's opinion, such conditions are proven 5 PC Resolution No. 3351 Conditional Use Permit No. 2015 -03 January 12, 2016 necessary for the protection of persons in the neighborhood or occupants of adjacent property, e. The motel manager shall be made completely familiar with these conditions and shall implement them as required; f. The on -site manager shall have duplicate room keys available at all times for emergency service personnel; g. A copy of these conditions shall be kept in the motel office and shall be made available to all enforcement personnel upon demand, h. The motel rooms shall not be rented out for more than the number of persons designated by the motel management based on the type and number of beds in each room and the number of occupants indicated on the registry card; i. Rooms shall not be rented for more than once within a twenty four (24) hour period or less than one night's stay and rent or any other consideration for each room shall not be collected more frequently than once per day or shall not be by an hourly rate or any other rate less than that which is charged or accepted for one full day's accommodation within any twenty four (24) hour period. The maximum length of stay shall be 29 days; j. At the time of room registration, guests shall be required to present a valid driver's license or photo identification in accordance with posted rules and regulations governing operations of the motel. A photo copy of the identification shall be made at check in; and a vehicle description shall be taken at check in if applicable. k. Letting of rooms to persons under the age of eighteen (18) years is prohibited. Any person under the age of eighteen (18) years shall not be allowed to occupy a room, unless such person is accompanied by his or her parent, parents, legal guardian, or other recognized adult individual with responsibility. I. The applicant shall keep a register in which the following shall be entered: 1. The name and address of every person who is entitled to occupy each guestroom; 2. A copy of photograph identification such as a California driver's license; and 3. The total number of people who are entitled to occupy each guestroom; and 2 PC Resolution No. 3351 Conditional Use Permit No. 2015-03 January 12, 2016 4. The hour, day, month, and year of arrival and departure of each named guest; and 5. The room number or other identifying symbol of location of the guestroom rented or assigned to each named guest; and 6. The daily rate charged and amount collected for rental of the guestroom assigned to each named guest. m. The applicant shall maintain daily summary sheets for each day the motel is open for business containing, at a minimum, the following information: 1. The name of at least one person entitled to occupancy of each guestroom which is rented or occupied that day, and 2. The room number; and 3. The daily rate and amount paid for the rental of the room, and 4. The number of the registration card applicable to the rental of the guestroom; and 5. The guest's vehicle license number, make and model, if any. n. The applicant shall keep the above reference register, which is required under subsection 3- 31.2(a) of the Lynwood Municipal Code, available and in good condition for a period of not less than three (3) years from the entry of all required guest information. The register may be maintained in the form of registration cards, provided all requirements of this section are otherwise met. Registration cards shall bear consecutive numbers which shall be preprinted on the registration cards by a print shop or manufacturer of the cards. o. Registration records and daily summary sheets shall be available at all times for inspection by any member of the sheriff's department or any authorized or designated representative of the city of Lynwood. p. No person shall alter, deface or erase such a register so as to make the information recorded therein illegible or unintelligible. q. The name, business address and business telephone number of the operator must be posted in a conspicuous location in the motel registration and /or lobby area. The operator must provide to employees of the motel a telephone number where the operator or his or her representative may be reached during any time the motel is in operation. r. The consumption of alcoholic beverages shall be prohibited in public areas of the motel. s. No loitering shall be permitted on -site. 7 PC Resolution No. 3351 Conditional Use Pennit No. 2015 -03 January 12, 2016 t. No abandoned or inoperable vehicles shall be permitted on the subject property. u. The applicant shall install a video camera in the motel office that records the activities at the registration desk and outside at the entrance to the motel. The tapes shall be kept for at least a two week period and shall be surrendered to the Sherriff's Department if requested. Department of Public Works /Engineering Division 21. The applicant shall comply with all code requirements and conditions set forth by the public works Department. Please contact the Public Works department at (310) 603 -0220 ext. 287. Final approvals from the Department must be obtained prior to obtaining project final inspection from the Department Services Department. Fire Prevention 22. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. • The California Building Code - 2014 edition, • The California Plumbing Code - 2014 edition; • The California Mechanical Code - 2014 edition; • The Los Angeles County Fire Code — 2014 edition, • The California Electrical Code — 2014 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. 23. Review and approval by the County of Los Angeles Fire Department Fire Prevention Engineering Section Building Plan Check Unit may be required for this project prior to building permit issuance. Contact the Fire Prevention Engineering Section Plan Check office checked below for specific submittal requirements for this project. Fire Prevention Commerce Office 5823 Rickenbacker Road Commerce, CA 90040 (323) 890 -4125 24. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. El PC Resolution No. 3351 Conditional Use Permit No. 2015 -03 January 12, 2016 6. A copy of the Resolution No. 3351 shall be delivered to the applicant: APPROVED this _ day of , 2016 by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Erika Ramirez, Interim Director Development Services Department G Jorge Casanova, Chairperson APPROVED AS TO FORM: David A. Garcia, City Attorney Planning Commission Counsel Erika Ramirez From: Bhavesh Patel [ziggy6760 @aol.com] Sent: Tuesday, January 05, 2016 11:42 AM To: Erika Ramirez Subject: Roadway Inn & Suites Hi! This is from Choice Hotels. From: Jay Dee Cutting <jay dee cutting( vchoicehotels.com> Date: January 5, 2016 at 8:27:44 AM PST To: Ashish Patel <ashishrp.&yahoo.com> Subject: RE: Hi jay dee Bhavesh, Rodeway Inn is the easy to operate, iconic brand familiar to most travelers for their emphasis on value. It is part of the Choice Hotels International brands with hotels in 47 countries. The profile for Rodeway Inn guests includes: tourist, foreign, leisure, senior and business travelers. Choice Privileges Rewards Program has 22 million members and is consistently rated as one of the top hotel loyalty programs. It is a driver of incremental and repeat business to the hotels. In the greater LA area the average daily rate for Rodeway Inn is $79.00, which attracts a very respectable cliental. Rodeway Inn just opened number 500 this month, the Fire Side Lodge Rodeway, in Big Bear Lake, CA. The Lynwood property is a very unique, and will attract a more upscale cliental. We are very pleased to have this property join Choice Hotels International. Jay Dee Cutting Jay Dee Cutting CHA Director, Development tel 760 - 744 -1344 1707 San Pablo Drive mob 760 - 809 -1253 Lake San Marcos, CA 92078 fax 760 - 744 -1346 jay dee cutting a choicehotels com t EA . 1.,.T . !fir , ' �:!!J',•a1�4/� J 1 WP" 1r UAW r A" AdaL "RODEWAY INN AND SUITES" 10112 LONG BEACH BOULEVARD LYNWOOD, CA 90262 M R D STUDIO DESIGN - PLANNING PROJECT MANAGEMENT 949.254.9380 WWW.MROSTUDIIO.NET r i *****4 "RODEWAY INN AND SUITES" 10112 LONG BEACH BOULEVARD LYNWOOD, CA 90262 M R D STUDIO DESIGN - PLANNING PROJECT MANAGEMENT 949.254.93BO WWW.MRDSTUDIIO.NET =P�dS, JIA z I I I R D Iii❑ "RODEWAY INN AND SUITES" 10112 LONG BEACH BOULEVARD LYNWOOD, CA 90262 M R D STUDIO DESIGN - PLANNING PROJECT MANAGEMENT 949.254.9380 WWW.MROSTUOIIO.NET Notice of Exemption To: Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 65812 -3044 From: City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Project Title: Conditional Use Permit No. 2015 -03 and Variance 2015 -03 Applicant: Project location —Specific: 10112 Lone Beach Boulevard, Lynwood, CA 90262 Project Location —City: Lynwood, California Project Location — County: Los Angeles, California Description of Nature, Purpose and Beneficiaries of Project: A Conditional Use Permit No. 2015 -03 to re- establish motel use and remodel an existing and vacated 9,080 square foot commercial building previously utilized as a 21 unit motel and a Variance to allow a reduction in certain required development standards. Name of Public Agency Approving Project: City of Lynwood Planning Commission Name of Person or Agency Carrying Out Project: Mike Poland, Planning Manager Exempt Status: (Check one): Ministerial (Sec. 210080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); J Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); K Categorical Exemption. State type and section number: Section 15302(b) ❑ Statutory Exemption. State code number: Reasons why project is exempt: The Project consists of the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to the replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. Lead Agency Contact Person: Mike Poland Area Code/Telephone /Extension: 310 - 603 -0220 ext. 251 Date: January 12, 2016 Title: Planning Manager ® Signed by Lead Agency ❑ Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resourced Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. City Ctf ]LYNWOOD 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (3101 603 -0220 DATE: January 12, 2016 TO: Honorable Chair and Members of the Planning Commission FROM: Erika Ramirez, Interim Director of Development Services Mike Poland, Interim Planning Manager rf SUBJECT: Variance No. 2015 -02 11283 Sampson Avenue APN: 6190- 016 -014 APPLICANT(S): Alberto and Lucia Aquino PROPOSAL The applicants are requesting consideration of a Variance to reduce the minimum required rear setback from 20 feet to 5 feet in order to legalize an existing 221 square foot unpermitted patio cover attached to the existing single family residence (SFR) and the existing two car garage. The subject property is located at 11283 Sampson Avenue, further described as Assessor's Parcel Number 6190 - 016 -014. The subject property is located in the R -1 (Single Family Residence) zone, at the northwest corner of Sampson Avenue and Shirley Avenue. BACKGROUND On May 13, 2015, applicants were issued permit #005371 to reroof 23 squares from their home and garage and install a new heating and cooling system complete with duck work located at 11283 Sampson. On May 14, 2015, a "Stop Work Order" was issued for construction work being conducted outside the scope of permit #005371. During this visit, City staff observed the unpermitted patio cover attached to the existing single family residence and the existing two car garage on said property. On May 1, 2015 plans were reviewed and approved by the Planning Division to add 112 square feet for a bedroom extension and to construct a new bathroom, and to demolish the unpermitted patio. Plans were submitted to the Building & Safety Division on August 13, 2015 and were approved on September 22, 2016. On September 22, 2015, permit #005685 was issued to add 112 square feet for a bedroom extension, construct a new bathroom and to demolish the unpermitted patio. On November 2, 2015, the property owner applied for a Major Variance to reduce the minimum required rear setback from 20 feet to 5 feet in order to legalize the existing 221 square foot unpermitted patio cover attached to the existing single family residence (SFR) and the existing two car garage. ANALYSIS & DISCUSSION The original house was built in 1950 as a residence with a detached garage. In 1958, permit # 17731 was issued and an addition of 22'.4" x 26' was constructed, attaching the house and garage. This addition was in accordance to all zoning regulations at the time of construction. On September 15, 1981, the City Council of the City of Lynwood adopted Ord. 1136 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING ORDINANCE NO.570, THE ZONING ORDINANCE OF THE CITY OF LYNWOOD, TO REDUCE THE MINIMUM REQUIRED WIDTH OF INTERIOR SIDE YARDS IN THE R -3 ZONE, TO MODIFY REAR YARD REQUIREMENTS IN RESIDENTIAL ZONES, AND TO CLARIFY THE REQUIREMENTS REGARDING ACCESSORY STRUCTURES." As part of this ordinance, the rear yard setback requirement was increased to 20ft. As of this date, the residential structure with attached garage held the status of "legal non- conforming". According to LMC 25 -165 -4 as a nonconforming residential structures which complied with the applicable development standards at the time of its construction, and which is utilized for residential purposes in a zoning district that allows such residential uses, this residential structure is not subject to the provisions of Article 165: Non - conforming Uses and Structures. Further the requirement for a conditional use permit does not apply when a nonconforming residential structure is being expanded or modified by no more than twenty five percent (25 %) of the floor space or ground area existing at the time such use became a nonconforming use. The existing patio is approximately 13% of the total existing floor space of the residential structure. Therefore, a conditional use permit is not required in accordance to LMC 25- 165 -4. A Variance may be granted to vary or modify the strict application of the regulations or provisions contained in the Lynwood Municipal Code in cases in which there are practical difficulties or unnecessary hardships in the way of such strict application. However, Variances cannot be granted for relief from use limitations. Specifically, Variances provide relief from such standards as those relating to principal building height, floor area ratio, and setbacks from property lines. The decision to approve or deny a Variance application must be based on findings established by Section 25.135.060 of the Lynwood Municipal Code in compliance with California State law (Government Code Section 65906). The findings, described in 2 further detail below, cannot be made if a reasonable alternative project design would satisfy these concerns without requiring a Variance. Following are the findings followed by staff determinations of the project in relation to the required findings. A. That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone. Due to its corner location, the subject property, which is located at the northwest comer of the intersection of northwest comer of Sampson Avenue and Shirley Avenue, has less street frontage along its front property line fronting on Sampson Avenue than other properties fronting on Sampson Avenue in the same vicinity and zoning district. Other interior lot properties on Sampson Avenue have street frontage widths fifty -five (55) feet and greater, whereas, the subject property has only 45 feet of street frontage along Sampson Avenue. B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone, but which is denied the property in question. The applicant's request is necessary for the preservation and enjoyment of substantial property rights that are possessed by other properties in the vicinity and zone. Due to its comer lot location and size, the subject site cannot be developed to the same extent (lot coverage, setback, etc.) that other properties enjoy. C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. Development of the property as proposed will not impair the existing single- family homes nor impair other development opportunities of the existing adjacent properties. D. That in granting the variance, the spirit and intent of this Zoning Code will be observed. The granting of the applicant's variance request observes the spirit and intent of the Zoning Code in that the covered patio has been constructed with high quality and durable material that will inspected by the City to insure that the covered patio will not have any aesthetic and /or safety impacts to any of the surrounding properties. E. That the Variance does not grant special privilege to the applicant. 3 The variance request does not grant special privilege to the applicant because the applicant is required to comply with all applicable building regulations. F. That the Variance request is consistent with the General Plan of the City of Lynwood. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of R (Residential) on the subject property, including Goal No. 1 of the Community Design Element of the City's General Plan. Goal No. 1, which states that the City should encourage physical development which enhances the positive image of the City as a balanced residential community indicative of its "All America City" status. ENVIRONMENTAL ASSESSMENT This project has been found to be Categorically Exempt from the requirements of CEQA pursuant to Section 15305 of the CEQA Guidelines stating that "minor alterations in land use limitations in areas with an average slope of less than 20 %, which do not result in any changes in land use or density ". RECOMMENDATION Staff recommends the Planning Commission take the following actions 1. Find the project (Variance No. 2015 -02) is exempt from CEQA pursuant to Section 15305(a) of the CEQA Guidelines; and 2. Approve Variance No. 2015 -02 to allow a reduction of the rear yard minimum twenty -foot (20') setback required by R -1 (Single - Family Residential) Zone to five feet (5') as the required findings can be made as noted in the attached Resolution (Resolution No. 3349), based on the analysis in the staff report, and conditions itemized in Exhibit A of the Resolution. SUGGESTED MOTION "I MOVE THAT THE CITY OF LYNWOOD PLANNING COMMISSION APPROVE VARIANE NO. 2015 -02 WITH FINDINGS AND CONDITIONS" Project Profile Location Map Resolution No. 3349 with Conditions of Approval Notice of Exemption Plans 4 PROJECT PROFILE Variance No. 2015 -02 Assessor Parcel Number: 6190 - 016 -014 1. Source and Authority The findings required in order to make a major variance determination are located in Chapter 25 of The Lynwood Municipal Code within Article 135. 2. Property. Location and Size The subject property is approximately 6,300 sq. ft. and is currently a develop with a single family residence and an attached two car garage and is located on the north side of Sampson Avenue between Shirley Avenue and Le Sage Street. 3. Existing Land Uses Site Developed North: Residential South: Residential West: Residential East: Residential 4. Land Use Designation The subject parcel has a General Plan designation of Residential, which is consistent with the R -1 (Single Family Residential) zone. The adjacent properties General Plan and Zoning designations are as follows: Site General Plan Zoning North: Residential R -1 (Single Family Residential) South: Residential R -1 (Single Family Residential) West: Residential R -1 (Single Family Residential) East: Residential R -1 (Single Family Residential) 5. Site Plan Review The Site Plan Review Committee has reviewed the project. 6. Code Enforcement History Open case. Public Response None on record at the time of this report. 'fr e�L d -P Q y t� c° ADDRESS: CASE NO. APPLICANT: sh'r/ ey LOCATION MAP P �y GU, h�r�7 9J re a e c a P o` �a 11283 Sampson Ave D 11283 Sampson Avenue Variance No. 2015 -02 Alberto and Lucia Aquino 6 /ey 9y North RESOLUTION NO. 3349 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2015 -02, A REQUEST TO LEGALIZE AN EXISTING 221 SQUARE FOOT UNENCLOSED PATIO COVER ATTACHED TO THE EXISTING SINGLE FAMILY RESIDENCE AND THE EXISTING TWO -CAR GARAGE AT 11283 SAMPSON AVENUE, ASSESSOR PARCEL NUMBER 6190 - 016 -014 IN THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: WHEREAS, an application has been filed by Alberto and Lucia Aquino, pursuant to the City of Lynwood Municipal Code (LMC), for consideration of a Variance to reduce the minimum required rear setback from 20 feet to approximately 5 feet in order to legalize an existing 221 square foot unpermitted patio cover attached to the existing single family residence (SFR) and the existing two car garage on property located at 11283 Sampson Avenue, further described as Assessor's Parcel Number 6190 -016- 014. The subject property is located in the R -1 (Single Family Residence) zone, at the northwest corner of Sampson Avenue and Shirley Avenue; and WHEREAS, the City of Lynwood Planning Commission, pursuant to law, on January 12, 2016, 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 Development Services Department has determined that the proposal is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303(e), therefore; Section 1. The Planning Commission hereby finds and determines as follows: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone. Due to its corner location, the subject property, which is located at the northwest corner of the intersection of northwest corner of Sampson Avenue and Shirley Avenue, has less street frontage along its front property line fronting on Sampson Avenue than other properties fronting on Sampson Avenue in the same vicinity and 7 zoning district. Other interior lot properties on Sampson Avenue have street frontage widths fifty -five (55) feet and greater, whereas, the subject property has only 45 feet of street frontage along Sampson Avenue. B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone, but which is denied the property in question. The applicant's request is necessary for the preservation and enjoyment of substantial property rights that are possessed by other properties in the vicinity and zone. Due to its corner lot location and size, the subject site cannot be developed to the same extent (lot coverage, setback, etc.) that other properties enjoy. C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. Development of the property as proposed will not impair the existing single - family homes nor impair other development opportunities of the existing adjacent properties. D. That in granting the variance, the spirit and intent of this Zoning Code will be observed. The granting of the applicant's variance request observes the spirit and intent of the Zoning Code in that the covered patio has been constructed with high quality and durable material that will inspected by the City to insure that the covered patio will not have any aesthetic and /or safety impacts to any of the surrounding properties. E. That the Variance does not grant special privilege to the applicant. The variance request does not grant special privilege to the applicant because the applicant is required to comply with all applicable building regulations. F. That the Variance request is consistent with the General Plan of the City of Lynwood. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of R (Residential) on the subject property, including Goal No. 1 of the Community Design Element of the City's General Plan. Goal No. 1, which states that the City should encourage physical development which enhances the positive image of the City as a balanced residential community indicative of its "All America City" status. E3 Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Variance No. 2015 -02. Section 3. A copy of the Resolution No. 3349 shall be delivered to the applicant: APPROVED this _ day of , 2016 by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Erika Ramirez, Interim Director Development Services Department E Jorge Casanova, Chairperson APPROVED AS TO FORM: David A. Garcia, City Attorney Planning Commission Counsel EXHIBIT A CONDITIONS OF APPROVAL VARIANCE NO. 2015 -02 JANUARY 12, 2016 11283 SAMPSON AVENUE APN: 6190- 016 -014 LYNWOOD. CA 1. The Variance approval must be acted upon within one year. Variance No. 2015- 02 shall become null and void 365 days from the date of approval if not acted on within this period. The expiration date is January 12, 2017. 2. The Project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, and by all City Departments. 3. The Project shall be in compliance with plans approved by the City of Lynwood Planning Commission dated January 12, 2016 and on file in the Development Services Department, Planning Division. 4. Any proposed subsequent modification of the Project site, structures thereon shall be first reported to the Development Services Department for review and written approval of said modifications prior to any modification. 5. The Applicant shall sign a Statement of Acceptance stating that he /she has read, understands, and agrees to all conditions of this resolution. 6. Conditions of approval shall be printed on plans to submission to the Building and Safety Division for plan check. 7. The Applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of this approval. The Applicant shall reimburse and indemnify the City, its agents, officers or employees for any award, court costs, and attorney's fees which the City, its agents, officers, or employees may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve Applicant of his obligations under this condition. 10 8. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. • The California Building Code - 2014 edition; .The California Plumbing Code - 2014 edition • The California Mechanical Code - 2014 edition; *The Los Angeles County Fire Code — 2014 edition; • The California Electrical Code — 2014 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. 9. Review and approval by the County of Los Angeles Fire Department Fire Prevention Engineering Section Building Plan Check Unit may be required for this project prior to building permit issuance. Contact the Fire Prevention Engineering Section Plan Check office checked below for specific submittal requirements for this project. Fire Prevention Commerce Office 5823 Rickenbacker Road Commerce, CA 90040 (323) 890 -4125 10. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. ho Notice of Exemption — To: Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 65812 -3044 Project Title: Variance 2015 -02 Applicant: Alberto and Lucia Aquino From: City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Project location — Specific: 11283 Sampson Avenue Lynwood CA 90262 Project Location —City: Lynwood California Project Location — County: Los Angeles, California Description of Nature, Purpose and Beneficiaries of Project: A Variance to reduce the minimum required rear setback from 20 feet to approximately 5 feet in order to legalize an existing 221 square foot unpermitted patio cover attached to the existing single family residence (SFR) and the existing two car garage Name of Public Agency Approving Project: City of Lynwood Planning Commission Name of Person or Agency Carrying Out Project: Mike Poland Planning Manager Exempt Status: (Check one): C Ministerial (Sec. 210080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); C Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); C. 'l Categorical Exemption. State type and section number: Section 15303(e) it Statutory Exemption. State code number: Reasons why project is exempt: The Project is a minor alteration in land use limitations in areas with an average slope of less than 20 %, which do not result in any changes in land use or density ". Lead Agency Contact Person: Mike Area Code /Telephone /Extension: 310 - 603 -0220 ext. 251 Signature Date: January 12, 2016 Title: Planning Manager ® Signed by Lead Agency ❑ Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resourced Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. City q' ]YNWOOD -A Vag �Um" (14offiPagn 11730 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 6030220 DATE: January 12, 2016 TO: Honorable Chair and Members of the Planning Commission FROM: Erika Ramirez, Interim Director of Development Services SUBJECT: Residential Solar Panel Project Development Guidelines BACKGROUND 'VIII; On November 10, 2015 the Commission directed staff to gather information pertaining to the development standards, and approval and permitting process of solar panels from various cities for the purposes of comparing and evaluating the City of Lynwood's current development standards and approval and permitting process. On December 8, 2015 Staff provided the results to the Commission. A total of twelve (12) jurisdictions were surveyed. These included the cities of Bell, Bell Flower, Bell Gardens, Calabasas, Downey, Hermosa Beach, Huntington Park, Irvine, Lakewood, Santa Monica, South Gate and Los Angeles County. In addition, the Solar Rights Act was summarized and presented. The Commission directed staff to provide additional information and place the item for further discussion on the agenda of January 12, 2016. ANALYSIS AND DISCUSSION The jurisdictions that have specific development standards pertaining to solar energy are minimal or flexible. For example, most state that roof - mounted solar panels shall be placed in a location least visible from the street without reducing the efficiency or limiting exposure to direct sunlight. Others use terms as "when possible or as possible." The development standards that were deemed noteworthy are: 1. Panels, collectors or related equipment shall have a non - reflective finish and shall be color- coordinated with roof materials and the dominate colors of the structure. 2. Establishing encroachment and setback areas. 3. Setting height limitations. 4. Specifying minimum guidelines for flat roof installations. RECOMMENDATION Staff recommends review of the development standards that exist in the surveyed municipalities and provide direction to staff on components that the Commission would like to incorporate into a draft ordinance. Attachments Solar Energy Development Standards from Calabasas, Downey, Hermosa Beach, Irvine, Lakewood, Santa Monica, South Gate, and Los Angeles County. 2 SURVEYED CITIES THAT HAVE SOLAR PANEL DEVELOPMENT STANDARDS CITY DEVELOPMENT STANDARD Calabasas A. Roof - mounted solar collectors shall be placed in a location least visible from the street and adjacent properties, without significantly reducing the operating efficiency of the collectors. mounted and and ground- mounted collectors shall be screened from a public right -of -way; B. Roof - mounted collectors shall be installed at the same angle or as close as possible to the pitch of a 1 roof; C. Accessory equipment, particularly plumbing and related fixtures, should be installed in attic space; and D. Exterior surfaces of the collectors and related equipment shall have a non - reflective finish and shall be color - coordinated to harmonize with roof materials and other dominate colors of the structure. Downey In the R -1 and R4 zone, there shall be no roof mounted equipment, except small wind energy systems, solar water heaters, solar power, orother passive solar energy systems. Solar energy systems may extend no more than three (3) feet above the heights limits set forth in the zone; Alternative Energy FAR Bonus in the R -1 Zone. Single - family dwelling units in the R -1 Zone are eligible for a 0.05 FAR bonus for providing renewable energy sources. The maximum FAR for the R -1 Zone with the renewable energy bonus is 0.65. The renewable energy sources must provide fifty (50) percent or greater of a parcel's annual energy requirements. Renewable energy sources include at least one (1) component from (i) and one (1) component from (ii) below: (i) Either solar water heating or tankless water heater; and (ii) On -site solar photovoltaic or small wind energy applications to provide the remaining renewable energy requirement. Hermosa Beach I. Solar collectors and solar energy systems may exceed the height limits mandated by this Code to the minimum extent necessary for their safe and efficient operation in accordance with the California Building Code and other applicable provisions of state law. 2. Where feasible, solar energy systems shall be �____ integrated into the design of the structure as an architectural element. Irvine 3. Where feasible, roof - mounted solar energy systems shall be located in such a manner as to ensure emergency access to the roof, provide areas for smoke ventilation opportunities and provide emergency egress from the roof. 4. Where feasible, ancillary solar equipment shall be located inside the building or screened from public view. 5. Solar energy systems shall be erected in a secure, wind- resistant manner and maintained in good condition. 6. Other applicable development standards in this Code may be modified by the community development director ( "the director ") in the case where compliance would demonstrably reduce the operating efficiency or performance of a solar energy system and compliance will not adversely impact public health and safety. 7. The provisions of Section 15.04.084 shall apply to rooftop solar energy system installations. A. Ground - mounted solar energy systems 1. All ground- mounted solar energy systems shall not be located within the front, side, or rear building setbacks, or front yard area, and shall comply with all applicable height restrictions. 2. To the extent possible, without compromising the solar energy system's access to the sun, ground- mounted solar energy systems shall be screened from view at -grade from all adjacent streets and adjacent properties. B. Roo( - mounted solar energy systems. 1. All solar energy system appurtenances such as, but not limited to, water tanks, supports, and plumbing shall be screened to the maximum extent possible without compromising the effectiveness of the solar collectors, and shall be painted a color similar to the color of the surface upon which they are mounted.. Solar collectors are exempt from the screening and color provisions of this subsection. 2. All roof - mounted solar collectors can be mounted at an optimum angle to the sun for maximum energy production. The maximum height of a solar collector shall be two feet, measured perpendicular to the roof surface, and may not exceed the maximum overall building height. The remainder of the solar energy system shall be below the level of the solar collector(s). Lakewood Panel installations shall have a tow - profile, Hush - mounted design. The smallest gap feasible is encouraged between the solar panel and the roof material, and said gap shall be a maximum of 6 ". If the roof is flat and the solar panels cannot be parallel to the roof, and if the solar panels are visible from a public street, the design shall provide screening along the entire under side of the solar panels (from edge to edge), with the screening painted to match the color of the solar array frame. Approve screening materials for flat -roof installations visible from a public street include metal mesh and wood lattice. A sample shall be submitted to the Department of community Development concurrent with the submittal of the plans. Roof materials and connections: Generally, the portion of the roof under the solar panels shall not be changed to a different material than the remainder of the roof. Include a depiction and clear written indication that the roof material shall remain consistent across the entire roof. o If a different roof material is needed under the solar panels, it shall not be visible. Provide documentation explaining why the different roof material is needed and attach a Residential Re Roofing (Building Permit) Application for the new material, which is available on the City of I Lakewood's website. If the solar panels are removed in the future, please note that all roof materials are required to match in color, size, and material. A depiction and clear written indication that portions of the mounting hardware that are visible shall be painted to match the adjoining equipment (specify the color). Unpainted or reflective metal shall be prohibited. Santa Monica Standards. 1. Visibility. Excluding solar collector panels, their necessary support structure, and conduit, solar energy systems shall not be visible from the public right -of -way adjacent to the front property line. a. Except on single -unit properties, solar collector panels, their necessary support structure(s), and conduit(s), shall be installed in the location that is the least visible from abutting streets directly facing the subject property so long as installation in that location does not significantly decrease the energy performance or significantly increase the costs of the solar energy system as compared to a more visible location. i. For energy performance, "significantly decrease' shall be defined as decreasing the expected annual energy production by more than 10 percent. ii. For the cost of solar energy systems, "significantly increase" shall be defined as increasing the cost of a photovoltaic solar energy system by more than $2,000.00 or the cost of a solar water or swimming pool heating system by more than 20 percent. b. The review and determination of the cost or energy efficiency of installation alternatives shall be made by the City's Energy and Green Building Programs staff. The review and determination of the least visible alternative shall be made by the Director. 2. Height. The height of solar energy systems is subject to the following standards: a. On Single -Unit Properties: Photovoltaic solar energy systems may extend up to 5 feet above the height limit in the District in which it is located. Solar water or swimming pool heating systems may extend up to 7 feet above the height limit in the District in which it is located; and b. On all other Properties: Photovoltaic solar energy systems may extend up to 5 feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the i District in which it is located. Solar water or swimming pool heating systems may extend up to 7 feet above the roof surface on which they are installed even if this exceeds the maximum height limit in the District in which it is located. 3. Required Setback. Excluding solar collector panels, solar energy system equipment may be installed within the required side and rear setback but shall not be closer than 2 feet to any property line. South Gate 1. Setbacks. All renewable energy systems mounted to a building or structure shall be subject to the required setbacks of the applicable zone, except as modified below: i. There shall be a minimum ten -foot setback from any street frontage or right -of -way. ii. Encroachments maybe allowed for proper function of the renewable energy system; no portion of the system shall be less than two feet from any interior property line. iii. Standalone ground- mounted renewable energy systems are subject to a CUP and appropriate public hearings in the NL, NM, IF, U, M2, and M3 zones. 2. Height. Renewable energy systems maybe allowed mounted to a building, structure, or roof. The height shall not exceed fifteen feet from the base /mount of the unit to the top of the unit (including blade length in vertical position, where applicable). i. Solar panels shall be limited to a maximum height of five feet from the base /mount of the unit. Solar panels shall be permitted, subject to a CUP, in conjunction with carports and garages in parking areas in all zones. ii. Additional height encroachments may be permitted through a CUP where adjacency conditions prevent a renewable energy system within the fifteen -foot height limitation to function properly. 3. Size /Coverage. A renewable energy system, or group of systems, shall not exceed thirty percent area coverage of the surface to which the system is mounted; additional area coverage may be permitted through a CUP. 4. Noise. All renewable energy systems shall be operated in such a manner that they do not exceed the city's noise standards, found in Chapterll_34 Noise Control Program. 5. Design. The following measures shall be followed to minimize the visual impact of a renewable energy system: i. Systems shall be white, grey, or other nonobtrusive color. Solar systems shall be exempt from the color requirements. ii. Design of nonsolar /nonwind systems shall complement the design of the associated building or structure. iii. Removal of existing vegetation shall be minimized. iv. Any accessory structure shall be painted or otherwise visually treated to blend with the surroundings. v. A structure shall be nonreflective in all areas possible to blend with the surroundings. 6. Security Fencing. Public access shall be restricted through the use of a fence with locked gates, non- climbable towers, or other suitable methods. Los Angeles County Solar energy devices /panels shall be sited on the rooftops of permitted structures, where feasible. If roof - mounted systems are infeasible, ground- mounted systems may be allowed only if sited within the building site area of permitted development. Roof - mounted solar energy devices /panels may be permitted to extend above the allowable height of the structure, but in no case shall extend more than six feet above the maximum allowable height.