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Home My Public Portal AboutA 2016-04-25 PLANNING COMMISSION - SPCity of .YNwoOD y,w e +PU 11330 Bullis Road Lynwood, CA 90262 (310) 003 -0220 PLANNING COMMISSION & PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD (PBIDB) SPECIAL MEETING Monday, April 25, 2016 — 6:00 P.M. CITY HALL COUNCIL CHAMBERS LYNWOOD, CA 90262 IN - V a s j'r- f E , EIVED 0 1 `" 8 `L" PLANNING COMMISSION & PBIDB �f e N _CITY C7F �- YW00® Elizabeth Battle, Commissioner Bill Younger, Commissioner Kenneth West, Commissioner ✓%'° 'tom �� Alex Landeros, Vice -Chair Jorge Casanova, Chairperson AGENDA In Compliance with the Americans with Disabilities Act (ADA), if you are a disabled person and need a disability related modification or accommodation to participate in this meeting, please contact Yolanda Delgadillo at (310) 603 -0220 ext. 268 or Fax (310) 223 -5121. Requests must be made as early as possible, and at least one full business day before the start of the meeting. Staff reports, writing, or other materials related to an item on this Agenda which are distributed to the Personnel Board less than 72 hours before this scheduled meeting shall be available for public inspection in the Human Resources office located at 11330 Bullis Road, Lynwood, CA 90262, during normal business hours. 1. CALL TO ORDER 2. CERTIFICATION OF AGENDA 3. ROLL CALL Elizabeth Battle, Commissioner Bill Younger, Commissioner Kenneth West, Commissioner Alex Landeros, Vice -Chair Jorge Casanova, Chairperson April 25, 2016 Page 2 of 3 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES A. Request to Approve Minutes of the February 9, 2016 meeting. 6. SWEARING IN OF SPEAKERS (City Clerk or Designee) PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) (With respect to speakers addressing items listed under the heading ofpublic hearing, you are asked to wait until the Chair formally opens the public hearing and the item is called) 8. NON - AGENDA PUBLIC ORAL COMMUNICATION ('This time is reserved for members of the public to address the Personnel Board relative to matters that are not on the agenda. No action may be taken on non- agenda items unless authorized by law.) 9. PLANNING COMMISISON /PBIDB ORAL AND WRITTEN COMMUNICATIONS (This section is designed for Commission Members to report on outside meetings attended that pertain to the work of the Board.) ELIZABETH BATTLE, COMMISSIONER BILL YOUNGER, COMMISSIONER KENNETH WEST, COMMISSIONER ALEX LANDEROS, VICE CHAIR JORGE CASANOVA, CHAIRPERSON 10. PUBLIC HEARING(S) A. Request to consider Conditional Use Permit No. 2015 -01 to establish a Type 41 Alcohol & Beverage Control License for an existing restaurant and Variance No. 2015 -04 to reduce required parking spaces from 74 to 57. The property is located at 3568 -3570 Martin Luther King Jr. Boulevard in the CB- 1 (Controlled Business) Zoning District. 1. Open Public Hearing 2. Staff Report 3. Public Testimony 4. Discussion 5. Close Public Hearing 6. Call for the question/vote April 25, 2016 Page 3 of 3 B. Request to consider Variance No. 2016 -01, to reduce the required side yard setback from five (5') feet to two (2') feet in order to legalize a 1,050 square foot patio cover over an existing driveway and to allow an increase in the maximum lot coverage from 40% to 50% in any R -1 Single Family Residence. The property is located at 12308 Thorson Avenue in the R -1 (Single Family Residence) zone. 1. Open Public Hearing 2. Staff Report 3. Public Testimony 4. Discussion 5. Close Public Hearing 6. Call for the question/vote 11. NEW /OLD BUSINESS A. Parking and Business Improvement District (P.B.I.D.) FY17 Proposed Annual Spending Plan & FYI Annual Spending Report 12. ADJOURNMENT Next Regular Meeting is scheduled for May 10, 2016. 3 LYNWOOD PLANNING COMMISSION REGULAR MEETING, February 9, 2016 Item #1 -Call Meeting to Order Commissioner West called the meeting to order at 6:04 PM Item #2- Flag Salute Commissioner Landeros led the flag salute. Item #3- Roll Call of Commissioners Planning Associate Karen Figueredo called roll. Commissioner Battle, Commissioner Younger, Commissioner West, and Vice Chair Landeros were present. Chair Casanova was absent. Also present were Interim Director of Department of Development, Compliance & Enforcement Services Erika Ramirez, Planning Associate Karen Figueredo, Planning Manager Mike Poland, Senior Public Works Manager Elias Saikaly, and City Attorney David Garcia. Item #4- Certification of Agenda Posting Commissioner West 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 It was moved by Commissioner Younger and seconded by Commissioner Landeros to approve the Minutes from the Planning Commission meeting from January 12, 2016. Item #6- Swearing in Sneakers Seeing that there were no members of the audience present, Commissioner West stated that if any speaker were to present themselves during the meeting, City Attorney David Garcia would conduct the swearing in of speakers. City Clerk Maria Quinonez stated that the current agenda setup will be reorganized and formatted to be standard across all Commission agendas. Item #7- Public Orals None CONTINUED REGULAR AGENDA (PUBLIC HEARING) None NEW REGULAR AGENDA (PUBLIC HEARING) None Item #8- ZONING CODE AMENDMENT 2016 -02 Applicant: City of Lynwood City-wide Proposal: The applicant is requesting that the Planning Commission recommend that the City Council approve an Urgency Ordinance amending Chapter XXV (Zoning) of the Lynwood Zoning Ordinance to add a sub - section prohibiting marijuana cultivation. Recommendation: Interim Director of Department of Development, Compliance & Enforcement Services Erika Ramirez, recommended that the Planning Commission pull the item as there was an emergency bill that was signed on February 3rd, 2016 that allowed counties and cities to have more time to develop regulations on marijuana cultivation. Commissioner West agreed to pull the item until further notice. ITEM #9- SPECIFIC PLAN AMENDMENT 2016-01 Applicant: City of Lynwood Long Beach Boulevard Specific Plan Proposal: The applicant is requesting that the Planning Commission recommend that the City Council approve an Ordinance amending Table 3.F of the Long Beach Boulevard Specific Plan thereby allowing drive -thru food and beverage businesses in Village III (Transit Village) and Village IV (Business Village) of the Long Beach Specific Plan with the approval of a Conditional Use Permit. Planning Manager Mike Poland introduced the item to the Commission and provided information from the staff report. The approval consists of allowing drive -thru food and beverage business in the Transit Village and Business Village of the Long Beach Specific 2 Plan so that it will be consistent with the allowance of drive -thru businesses in Village I and Village II of the Long Beach Specific Plan. Staff recommends that the Planning Commission adopt Resolution 3354, recommending City Council approval of Specific Plan Amendment 2016 -01. Commissioner West asked if staff had conducted research to determine whether the allowance of drive -thru businesses in all four villages would not affect the flow of traffic. Commissioner West opened public orals. Seeing none, Commissioner West closed public orals. It was moved by Commissioner Younger, seconded by Vice Chair Landeros to adopt: SPECIFIC PLAN AMENDMENT RESOLUTION NO 3354, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE LONG BEACH BOULEVARD SPECIFIC PLAN (SPA 2016 -01) TO PERMIT DRIVE -THRU FACILITIES FOR EATING AND DRINKING ESTABLISHMENTS IN VILLAGE III (TRANSIT VILLAGE) AND VILLAGE IV (BUSINESS VILLAGE), SUBJECT TO THE APPROVAL OF A CONDITIONAL USE PERMIT. ROLL CALL: AYES: BATTLE, LANDEROS, YOUNGER, WEST NOES: ABSTAIN: ABSENT: CASANOVA ITEM #10- DISCUSSION ITEM Interim Director Ramirez presented the Commission with a proposed draft of the Development Standards for solar panels. Commissioner West asked if other cities have any restrictions regarding the placement of the solar panels. Commissioner Younger asked if there were to be any restrictions on the number of solar panels placed per roof and asked if it were feasible to add a restriction. Planning Commission directed staff to proceed with presenting a first draft of the Solar Panels Development Standards along with the research on including restrictions on the number of solar panels to be placed per roof. 3 COMMISSION ORALS Commissioner Battle stated on the disservice to the community with the presentation of important items for the Planning Commission on short notice. Commissioner Younger inquired over having any more special meetings per month. Commissioner West asked if anything could be done over a parking situation on 10991 Pine Ave. He also stated that there could be a garage conversion. Interim Director Ramirez stated that a Parking and Code Enforcement case would be opened to investigate the matter further. STAFF ORALS None AD)OURMENT Having no further discussion, it was moved by Commissioner Younger and seconded by Commissioner Battle to adjourn the meeting. Planning Commission meeting was adjourned at 7:32 PM APPROVED AS TO CONTENT: Erika Ramirez, Interim Director Development Services 4 Jorge Casanova, Chair Lynwood Planning Commission APPROVED AS TO FORM: David Garcia, City Attorney Planning Commission Counsel DATE: TO: City of LYNWOOD now -1 City . Amioq Cinfffpges 11330 BULL!$ ROAD 1 LYNWOOD. CALIFORNIA 90262 X3101 603 -0220 April 25, 2016 Honorable Chair and Members of the Planning Commission FROM: Erika Ramirez, Interim Director Department of Development, CLl� Compliance and Enforcement Services Mike Poland, Interim Planning Manager SUBJECT: Conditional Use Permit No. 2015 -01 to establish a Type 41 Alcohol & Beverage Control License for an existing restaurant and Variance No. 2015 -04 to reduce required parking spaces from 74 to 57. The property is located at 3568 -3570 Martin Luther Kling Jr. Boulevard in the CB -1 (Controlled Business) zone. APPLICANT: Mariela Gastelum RECOMMENDED ACTION: 1. DETERMINE that Conditional Use Permit No. 2015 -01 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 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. 2. APPROVE Resolution No. 3346 thereby approving Conditional Use Permit No. 2015 -01 to allow on -site consumption of beer and wine via a Type 41 license from the State Department of Alcoholic Beverage Control in conjunction with the operation of an existing restaurant.. 3. DETERMINE that Variance No. 2015 -04 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 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. APPROVE Resolution No. 3352 thereby approving Variance No. 2015 -04 to allow a reduction of the required number of parking spaces for an existing restaurant. RECOMMENDED ACTION "I MOVE THAT THE CITY OF LYNWOOD PLANNING COMMISSION APPROVE RESOLUTION NO. 3346 AND RESOLUTION NO. 3352 BASED ON THE FINDINGS OUTLINED IN THE ATTACHED RESOLUTIONS ". PROJECT: The applicant, Mariela Gastelum, owner of the Mariscos Las Dorados Restaurant is requesting that the Planning Commission consider and approve Conditional Use Permit No. 2015 -01 to establish a Type 41 Alcohol & Beverage Control License for an existing restaurant and consideration and approval of Variance No. 2015 -04 to reduce required parking spaces from 74 to 57. The property is located at 3568 -3570 Martin Luther Kling Jr. Boulevard in the CB -1 (Controlled Business) zoning district, further described as Assessor's Parcel Number 6191-017-029. BACKGROUND: The Mariscos Las Dorados Restaurant leases a 2,693 square foot space out of an 11,240 square foot commercial building. The existing commercial building was built in 2005. In addition to Mariscos Las Dorados, five (5) other tenants lease space in the commercial building. CUP 2015 -01 2 April 25, 2016 VAR 2015 -04 DISCUSSION — CONDITIONAL USE PERMIT NO. 2015 -01: The applicant proposes to sell beer and wine under a California Department of Alcoholic Beverage Control Type 41 (On -Sale Beer and Wine for a Bona Fide Public Eating Place) license in association within an existing 2,693 square foot restaurant. A Type 41 Liquor License authorizes a restaurant to sell beer and wine for consumption on or off the premises where sold. Distilled spirits are not allowed on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). The restaurant must operate and maintain the licensed premises as a bona fide eating place. Also, the restaurant must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. The existing restaurant has 80 seats inside with no outdoor dining. No bar area or bar seating is proposed. All alcohol will be located behind the service counter. Alcohol sales are proposed during all hours of operation. There are no proposed changes to the restaurant floor plan or site plan. The project site is located within Census Tract No. 5402.02. The California Department of Alcoholic Beverage Control Type 41 license in association with an existing restaurant requires that the following required findings be made: 1. A Conditional Use Permit shall be granted upon sound principles of land use and in response to services required by the community. 2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located. 3. A Conditional Use Permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located. 4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. For information purposes, staff identified the following existing facilities with License Type 41 located within Census Tract 5402.02. Existing Licenses Establishment Name License Type Address Wing Stop 41 10910 Long Beach Blvd. Mariscos EL Perihuete 41 10910 Long Beach Blvd. EI Botanitas 41 3614 Martin Luther King Blvd. CUP 2015 -01 3 April 25, 2016 VAR 2015 -04 The Lynwood Municipal Code requires a Conditional Use Permit for the sale of alcoholic beverages to ensure there will be no adverse impact on surrounding land uses or allow the availability of alcoholic beverages to minors. When reviewing alcohol permits, the Zoning Ordinance details specific land uses that are sensitive to alcohol activities, but do not establish any specific distances for these uses. The State Alcoholic Beverage Control Board investigation requires applicants to identify the sensitive land uses within 600 feet of the site. There are potentially sensitive receptors in the vicinity of the subject property as described below: Sensitive Receptors Establishment Name Address Distance to Project Site Multi- family residential Directly west of the project Directly adjacent site. Cesar Chavez Middle Directly across Martin Within 100 feet of the School & Thurgood Luther King Blvd. to the subject property. Marshall Elem. School east. The selling of alcoholic beverages, from the project site, is not anticipated to have an adverse impact on "sensitive" land uses for the following reasons: A. There are two schools within 600' of the restaurant. They are located east of the project site on the east side of Martin Luther King Blvd., which is a very heavy travelled arterial street. B. The multi - family residential uses are located adjacent a west of the project site. The entrance to the restaurant is on the east side of the building, not facing the residences. C. Potential undesired side effects of overconsumption of alcohol are not anticipated to occur at the subject casual dining restaurant where food service consumption is the primary function. DISCUSSION — VARIANCE NO. 2015 -04: The applicant is requesting a Variance to reduce number of required parking spaces from 74 to 57. The existing shopping center is fully developed with no room to expand the existing parking areas. Any discretionary review (CUP described above) by the Planning Commission is required to be brought into compliance with all current development standards to the extent physically possible as determined by the Planning Commission. When the existing building was constructed, in 1981 the required on -site parking spaces were less than the requirements that exist today. The code revisions that require more parking for new uses in older buildings creates practical difficulties and necessary hardships for both the owners of these older buildings as well as the businesses that CUP 2015 -01 4 April 25, 2016 VAR 2015 -04 occupy them. The general purpose and intent of the zoning regulations is not to prohibit or constrain the re -use of older commercial buildings with limited on -site parking. In the instant case, the strict application of current parking requirements for an existing use within an older commercial building will result in practical difficulties and unnecessary hardships, which are inconsistent with the purpose and intent of the zoning regulations. When the subject building and other commercial structures in the surrounding area were developed, they did not typically provided on -site parking consistent with today's requirements. As the commercial structures along Martin Luther King Jr. Boulevard have been occupied by a variety of successful retail and restaurant uses, the parking that is available has become increasingly scarce. Staff has determined that the scarcity in parking, at the time, was caused by a lack of parking and high parking demand by other uses. Additionally, there was high demand for street parking on either side of Martin Luther King Jr. Boulevard and commercial patrons were utilizing street parking on the adjacent residential streets. The uses along Martin Luther King Jr. Boulevard include commercial and restaurant uses, similar in operation to the continued restaurant use. The lack of sufficient parking for these commercial uses requires businesses, including the Applicant, to consider relocating in order to best serve customers. Following are the findings for consideration of the proposed Variance followed by staff determinations of the project in relation to the required findings. 1. That the strict application of the provisions of the zoning ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the zoning regulations. The Applicant is requesting approval of a variance to allow a reduction in required on -site parking. Denial of the request would result in practical difficulties and unnecessary hardships for the existing restaurant, which has been successfully operating within an approximate 2,700 square foot portion of the existing 11,240 square foot building located on the subject property since 2005. The subject property is located at 3568 -3570 Martin Luther King Jr. Boulevard and is developed within a commercial building that was constructed in 1981. When the existing building was constructed, the required on -site parking spaces were less than the requirements that exist today. The code revisions that require more parking for new uses in older buildings creates practical difficulties and necessary hardships for both the owners of these older buildings as well as the businesses that occupy them. The general purpose and intent of the zoning regulations is not to prohibit or constrain the re -use of older commercial buildings with limited on -site parking. In the instant case, the strict application of current parking requirements for an existing use within an older commercial building will CUP 2015 -01 5 April 25, 2016 VAR 2015 -04 result in practical difficulties and unnecessary hardships, which are inconsistent with the purpose and intent of the zoning regulations. 2. That there are special circumstances applicable to the subject property such as size, shape, topography, location or surroundings, that do not generally apply to other property in the same zone and vicinity. The subject property is located on Martin Luther King Jr. Boulevard, amid a neighborhood commercial strip that was first developed in the early 1980's. The subject property is improved with an approximate 11,240 square foot commercial structure that now has multiple tenants. The Mariscos Las Doradas Restaurant has occupied their 2,700 square foot space since 2005. The special circumstances that resulted in the requested variance will continue to be pertinent, including the limited parking on the subject property and the scarcity of parking in the general vicinity. When the subject building and other commercial structures in the surrounding area were developed, they did not typically provided on -site parking consistent with today's requirements. As the commercial structures along Martin Luther King Jr. Boulevard have been occupied by a variety of successful retail and restaurant uses, the parking that is available has become increasingly scarce. Staff has determined that the scarcity in parking, at the time, was caused by a lack of parking and high parking demand by other uses. Additionally, there was high demand for street parking on either side of Martin Luther King Jr. Boulevard and commercial patrons were utilizing street parking on the adjacent residential streets. 3. That such variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the same zone and vicinity but which, because of such special circumstances and practical difficulties or unnecessary hardships, is denied to the property in question. The subject fronts Martin Luther King Jr. Boulevard and is amid a commercial corridor containing an assortment of retail and restaurant uses. The approximate 11,240 square foot subject building was constructed in 1981, around the same time many of the surrounding commercial and residential buildings were constructed. A number of the older commercial buildings along Martin Luther King Jr. Boulevard, including the subject building, lack parking spaces consistent with today's standards. The proposed variance will allow the continued operation of Mariscos Las Doradas. The uses along Martin Luther King Jr. Boulevard include commercial and restaurant uses, similar in operation to the continued restaurant use. The lack of sufficient parking for these commercial uses requires businesses, including the Applicant, to consider relocating in order to best serve customers. CUP 2015 -01 6 April 25, 2016 VAR 2015 -04 Because of the special circumstances, described above, the Applicant requires the requested variance in order to continue operation of the existing restaurant on the subject property. 4. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located. Granting the requested variance will allow the continued operation of the existing restaurant and will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located. Mariscos Las Doradas has been successfully operating at this location since 2005 and has proved to be a complementary use and an asset to the commercial corridor along Martin Luther King Jr. Boulevard. Mariscos Las Doradas is a convenient location for nearby residents and is compatible with the surrounding uses. The area of Martin Luther King Jr. Boulevard surrounding the subject property was developed in the early 1980's. The existing building as well as a number of the surrounding commercial buildings are older and lack parking spaces consistent with today's standards. The reduction in parking will not be materially detrimental to the public welfare or injurious to property or improvements in the same zone or vicinity. 5. That the granting of the variance will not adversely affect the General Plan. The proposed project is consistent with the adopted Lynwood General Plan, which designates the subject property for Commercial land uses corresponding to the Controlled Business (CB -1) Zoning District. The subject property is located within the Controlled Business (CB -1) Zoning District, which permits the restaurant use. The proposed variance is in harmony with the various elements and objectives of the General Plan inasmuch as the reduction in required parking spaces will allow the continued operation of the existing restaurant. A use which is consistent and compatible with the uses in the adjacent and surrounding area, as well as the stated desires and objectives of the adopted Lynwood General Plan. Granting the requested variance will allow the Applicant to continue operating within a portion of the existing building on the subject property in a manner that compliments and is generally consistent with the other commercial uses in the surrounding area. Thus the proposed variance will not adversely affect any element of the General Plan. CUP 2015 -01 7 April 25, 2016 VAR 2015 -04 6. 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. STAFF RECOMMENDATION: Staff recommends that the Planning Commission take the following actions: 1. DETERMINE that Conditional Use Permit No. 2015 -01 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 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. 2. APPROVE Resolution No. 3346 thereby approving Conditional Use Permit No. 2015 -01 to allow on -site consumption of beer and wine via a Type 41 license from the State Department of Alcoholic Beverage Control in conjunction with the operation of an existing restaurant. 3. DETERMINE that Variance No. 2015 -04 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 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. APPROVE Resolution No. 3352 thereby approving Variance No. 2015 -04 to allow a reduction of the required number of parking spaces for an existing restaurant. ATTACHMENTS; APN MAP AERIAL PHOTO NO, 1 AERIAL PHOTO NO. 2 RESOLUTION NO. 3346 RESOLUTION NO. 3352 CUP 2015 -01 8 April 25, 2016 VAR 2015 -04 TRACT NO. 20680 M.B. 552 -4 -6 ASSESSOR'S PARCEL MAP 6529 u e P� h �k boa` CUP 2015 -01 9 April 25, 2016 VAR 2015 -04 f • Sl North s ) � to vJ ;r 616 Gwgle /\ Googl` Vaf'`i... At f a IL i to � North � Y . 's 10'5 Gaogla 40W Go(oglc earth RESOLUTION NO. 3346 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2015 -01 TO ALLOW ON -SITE CONSUMPTION OF BEER AND WINE VIA A TYPE -41 LICENSE FROM THE STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL IN CONJUNCTION WITH THE OPERATION OF AN EXISTING RESTAURANT LOCATED AT 3568 -3570 MARTIN LUTHER KING JR. BOULEVARD, WITHIN THE CONTROLLED BUSINESS (CB -1) ZONING DISTRICT. BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: Recitals (i) Mariela Gastelum, applicant and owner of the Mariscos Las Doradas Restaurant, located at 3568 -3570 Martin Luther King Jr. Boulevard, Lynwood, Ca 90262 has filed an application for issuance of Conditional Use Permit No. 2015 -01 to allow on -site consumption of beer and wine via a Type -41 license from the State Department of Alcoholic Beverage Control in conjunction with the operation of the existing restaurant. 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 April 25, 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. Il. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Lynwood as follows: A. The Planning Commission hereby specifically finds that all the facts set forth in the Recitals of this Resolution are true and correct. B. Based upon substantial evidence presented to this Planning Commission during the above - referenced hearing, including written staff reports, verbal testimony, and development plans dated December 14, 2015, this Planning Commission hereby specifically finds as follows: CUP 2015 -01 1 PC Reso. No. 3346 1. The proposed use is conditionally permitted within the subject zoning district and complies with all of the applicable provisions of this development code; The sale of alcoholic beverages in conjunction with a restaurant use is allowed in the Controlled Business (CB -1) zoning district with a Conditional Use Permit, per Appendix A of the Zoning. Therefore, the proposed project meets this finding. 2. The proposed use is consistent with the General Plan and any applicable specific plan or master plan. The proposed beer and wine sales in conjunction with the operation of an existing restaurant is consistent with the City of Lynwood General Plan because it contributes to the mix of retail and service commercial needs for the citizens of Lynwood, which in turn contributes to a sound local economy. For this reason, the request for a Conditional Use Permit for beer and wine sales meets this finding. 3. The approval of the conditional use permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA). The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the California CEQA Guidelines, which exempts licensing of existing public or private structures as well as minor alterations to existing structures. The project is also exempt per Section 15061(b)(3) because the proposed alterations will not have an effect on the environment. 4. The location and operating characteristics of the proposed use are compatible with the existing and anticipated future land uses in the vicinity. The location and operating characteristics of the requested conditional use permit, with the limitations described in the conditions attached, are compatible with the existing and anticipated future land uses in this area of the City because all activities will take place entirely within the leased interior tenant space. Furthermore, the subject site is located along a retail corridor (Martin Luther King Jr. Boulevard), which has a number of restaurants that also serve alcohol. The location and operating characteristics of the restaurant is compatible with the existing and future land uses of commercial retail uses in the vicinity. C. In view of all of the evidence and based on the foregoing findings and conclusions, the Planning Commission approves Conditional Use Permit No. 2015 -01 subject to the following conditions: CUP 2015 -01 2 PC Reso. No. 3346 1. The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this Conditional Use Permit, or the activities conducted pursuant to this Conditional Use Permit. Accordingly, to the fullest extent permitted by law, Mariscos Las Doradas, Mariela Gastelum, and its representative(s), or its successors shall defend, indemnify and hold harmless the City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of this Conditional Use Permit, or the activities conducted pursuant to this Conditional Use Permit. Mariscos Las Doradas, Mariela Gastelum, and its representative(s), or its successors shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. 2. The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the applicant or its successors to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of the conditions of approval may result in the revocation of this approval. 3. Beer and wine sales shall be limited to the hours of 11:00 A.M. to 10:30 P.M. Sunday- Thursday, and 11:00 A.M. to 11:00 P.M. Friday- Saturday, unless more restrictive hours are established by the State of California Department of Alcoholic Beverage Control (ABC), in which case, those hours would apply. 4. Alcoholic beverages may be sold for on- premise consumption only, and consumption of alcohol shall be confined on the premises. 5. The restaurant shall comply with all requirements of the State of California Department of Alcoholic Beverage Control (ABC) and the County of Los Angeles Sheriff's Department. 6. All current and future tenants /owners shall accept the conditions of this Conditional Use Permit by executing the Affidavit of Acceptance provided by the Department of Development, Compliance and Enforcement Services. CUP 2015 -01 3 PC Reso. No. 3346 7. The City reserves the right to further review of the Conditional Use Permit and conditions of approval should complaints be received from adjacent residents /tenants or should the number of incidents reported to the Sheriff's Department exceed the number expected in this type of development. APPROVED this 25th day of April, 2016 by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Erika Ramirez, Interim Director Department of Development, Compliance and Enforcement Services Jorge Casanova, Chairperson APPROVED AS TO FORM: David A. Garcia, City Attorney Planning Commission Counsel CUP 2015 -01 4 PC Reso. No. 3346 RESOLUTION NO. 3352 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2015 -04 TO ALLOW A REDUCTION OF THE REQUIRED NUMBER OF PARKING SPACES FOR AN EXISTING RESTAURANT LOCATED AT 3568 -3570 MARTIN LUTHER KING JR. BOULEVARD, WITHIN THE CONTROLLED BUSINESS (CB -1) ZONING DISTRICT. BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: Recitals (i) Mariela Gastelum, applicant and owner of the Mariscos Las Doradas Restaurant, located at 3568 -3570 Martin Luther King Jr. Boulevard, Lynwood, Ca 90262 has filed an application for issuance of Variance No. 2015 -04 to allow a reduction in minimum number of required parking spaces from 74 to 57. 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 April 25, 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. ll. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Lynwood as follows: A. The Planning Commission hereby specifically finds that all the facts set forth in the Recitals of this Resolution are true and correct. B. Based upon substantial evidence presented to this Planning Commission during the above - referenced hearing, including written staff reports, verbal testimony, and development plans dated December 14, 2015, this Planning Commission hereby specifically finds as follows: VAR 2015 -04 1 PC Reso. No. 3352 1. That the strict application of the provisions of the zoning ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the zoning regulations. The Applicant is requesting approval of a variance to allow a reduction in required on -site parking. Denial of the request would result in practical difficulties and unnecessary hardships for the existing restaurant, which has been successfully operating within an approximate 2,700 square foot portion of the existing 11,240 square foot building located on the subject property since 2005. The subject property is located at 3568 -3570 Martin Luther King Jr. Boulevard and is developed within a commercial building that was constructed in 1981. When the existing building was constructed, the required on -site parking spaces were less than the requirements that exist today. The code revisions that require more parking for new uses in older buildings creates practical difficulties and necessary hardships for both the owners of these older buildings as well as the businesses that occupy them. The general purpose and intent of the zoning regulations is not to prohibit or constrain the re -use of older commercial buildings with limited on -site parking. In the instant case, the strict application of current parking requirements for an existing use within an older commercial building will result in practical difficulties and unnecessary hardships, which are inconsistent with the purpose and intent of the zoning regulations. 2. That there are special circumstances applicable to the subject property such as size, shape, topography, location or surroundings, that do not generally apply to other property in the same zone and vicinity. The subject property is located on Martin Luther King Jr. Boulevard, amid a neighborhood commercial strip that was first developed in the early 1980's. The subject property is improved with an approximate 11,240 square foot commercial structure that now has multiple tenants. The Mariscos Las Doradas Restaurant has occupied their 2,700 square foot space since 2005. The special circumstances that resulted in the requested variance, will continue to be pertinent, including the limited parking on the subject property and the scarcity of parking in the general vicinity. When the subject building and other commercial structures in the surrounding area were developed, they did not typically provided on -site parking consistent with today's requirements. As the commercial structures along Martin Luther King Jr. Boulevard have been occupied by a variety of successful retail and restaurant uses, the parking that is available has become increasingly scarce. Staff has determined that the scarcity in parking, VAR 2015-04 2 PC Reso. No. 3352 at the time, was caused by a lack of parking and high parking demand by other uses. Additionally, there was high demand for street parking on either side of Martin Luther King Jr. Boulevard and commercial patrons were utilizing street parking on the adjacent residential streets. 3. That such variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the same zone and vicinity but which, because of such special circumstances and practical difficulties or unnecessary hardships, is denied to the property in question. The subject propertyfronts Martin Luther King Jr. Boulevard and is amid a commercial corridor containing an assortment of retail and restaurant uses. The approximate 11,240 square foot subject building was constructed in 1981, around the same time many of the surrounding commercial and residential buildings were constructed. A number of the older commercial buildings along Martin Luther King Jr. Boulevard, including the subject building, lack parking spaces consistent with today's standards. The proposed variance will allow the continued operation of Mariscos Las Doradas. The uses along Martin Luther King Jr. Boulevard include commercial and restaurant uses, similar in operation to the continued restaurant use. The lack of sufficient parking for these commercial uses requires businesses, including the Applicant, to consider relocating in order to best serve customers. Because of the special circumstances, described above, the Applicant requires the requested variance in order to continue operation of the existing restaurant on the subject property. 4. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located. Granting the requested variance will allow the continued operation of the existing restaurant and will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located. Mariscos Las Doradas has been successfully operating at this location since 2005 and has proved to be a complementary use and an asset to the commercial corridor along Martin Luther King Jr. Boulevard. Mariscos Las Doradas is a convenient location for nearby residents and is compatible with the surrounding uses. VAR 2015 -04 3 PC Reso. No. 3352 The area of Martin Luther King Jr. Boulevard surrounding the subject property was developed in the early 1980's. The existing building as well as a number of the surrounding commercial buildings are older and lack parking spaces consistent with today's standards. The reduction in parking will not be materially detrimental to the public welfare or injurious to property or improvements in the same zone or vicinity. 5. That the granting of the variance will not adversely affect the General Plan. The proposed project is consistent with the adopted Lynwood General Plan, which designates the subject property for Commercial land uses corresponding to the Controlled Business (CB -1) Zoning District. The subject property is located within the Controlled Business (CB -1) Zoning District, which permits the restaurant use. The proposed variance is in harmony with the various elements and objectives of the General Plan inasmuch as the reduction in required parking spaces will allow the continued operation of the existing restaurant. A use which is consistent and compatible with the uses in the adjacent and surrounding area, as well as the stated desires and objectives of the adopted Lynwood General Plan. Granting the requested variance will allow the Applicant to continue operating within a portion of the existing building on the subject property in a manner that compliments and is generally consistent with the other commercial uses in the surrounding area. Thus the proposed variance will not adversely affect any element of the General Plan. 6. 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. C. In view of all of the evidence and based on the foregoing findings and conclusions, the Planning Commission approves Variance No. 2015 -04 subject to the following conditions: 1. The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this Variance, or the activities conducted pursuant to this Variance. VAR 2015 -04 4 PC Reso. No. 3352 Accordingly, to the fullest extent permitted by law, Mariscos Las Doradas, Mariela Gastelum, and its representative(s), or its successors shall defend, indemnify and hold harmless the City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of this Variance, or the activities conducted pursuant to this Variance. Mariscos Las Doradas, Mariela Gastelum, and its representative(s), or its successors shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. 2. The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the applicant or its successors to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of the conditions of approval may result in the revocation of this approval. 3. 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 to legalize the interior tenant improvements. 4. Prior to issuance of a building, the existing Radio Shack signage area shall be painted over to match the existing front wall and facade color. 5. The applicant shall comply with the regulations set forth in Lynwood Municipal Code Section 25 -25 -7 (Entertainment Establishments). 6. Prior to the issuance of building permit, the existing window signage shall be adjusted not to exceed twenty five percent (25 %) of the glass face or window. Such window signs shall be maintained in good condition at all times. 7. All current and future tenants /owners shall accept the conditions of this Variance by executing the Affidavit of Acceptance provided by the Department of Development, Compliance and Enforcement Services. APPROVED this 25th day of April, 2016 by members of the Planning Commission, voting as follows: VAR 2015 -04 5 PC Reso. No. 3352 AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Erika Ramirez, Interim Director Department of Development, Compliance and Enforcement Services Jorge Casanova, Chairperson APPROVED AS TO FORM: David A. Garcia, City Attorney Planning Commission Counsel VAR 2015 -04 6 PC Reso. No. 3352 City of ]LYNWOOD A Caq Uerfug 04aNeoges 11330 BUUIS ROAD 1 LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 DATE: April 25, 2016 TO: Honorable Chair and Members of the Planning Commission FROM: Erika Ramirez, Department of Development, Compliance and Enforcement Services. Karen Figueredo, Planning Associate SUBJECT: Variance No 2016 -01 to reduce the required side yard setback from five feet (5') to two feet (2') and to allow an increase in the maximum lot coverage from forty percent (40 %) to fifty (50 %) to legalize an existing 1,050 square foot unenclosed patio cover attached to the existing single family residence. The property is located at 12308 Thorson Avenue in the R -1 (Single Family Residential) zone. APPLICANT: Enrique Lucatero RECOMMENDED ACTION 1. DETERMINE That Variance No. 2016 -01 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there are under pursuant to Sections 15303(e) (New Construction of Conversion of Small Structures). 2. APPROVE Resolution No. 3359 thereby approving Variance No 2016 -01 to reduce the required side yard setback from five feet (5') to two feet (2') and to allow an increase in the maximum lot coverage from forty percent (40 %) to VAR No. 2016 -01 April 25, 2016 fifty (50 %) to legalize and existing 1,050 square foot unenclosed patio cover attached to the existing single family residence. RECOMMENDED ACTION "I MOVE THAT THE CITY OF LYNWOOD PLANNING COMMISSION APPROVE RESOLUTION NO. 3359 BASED ON THE FINDINGS OUTLINED IN THE ATTACHED RESOLUTION" The applicant is requesting consideration of a Variance to reduce the minimum required side setback from five feet (6) to two feet (2') and to allow an increase in the maximum lot coverage from forty percent (40 %) to fifty percent (50 %) in order to legalize an existing 1,050 square foot unenclosed patio cover attached to the existing single family residence (SFR) on property located at 12308 Thorson Avenue, further described as Assessor's Parcel Number 6186- 008 -006. The subject property is located in the R -1 (Single Family Residence) zone, at the east side of Thorson Avenue between Lavinia Avenue and Carlin Avenue. BACKGROUND On October 13, 2013, the applicant was issued building permit #B- 003999 to construct a new 3 -car garage and addition to a single family residence. On July 28, 2015, a "Stop Work Order" was issued for construction work being conducted outside the scope of permit #B- 003999. During this visit, City staff observed the unpermitted patio cover attached to the existing single family residence. On August 31, 2015, the property owner applied for a Minor Variance requesting to legalize the construction of the patio cover. On September 18, 2015, staff mailed a response letter to the applicant advising the request to legalize the construction of the patio cover was denied. The letter explained the Minor Variance criteria set forth in the Lynwood Municipal Code, which was not met by the applicant. Specifically, a Minor Variance may be granted if there is a 3 ft minimum side yard setback maintained on the property. In addition, (please explain the maximum lot coverage that can be considered by a minor variance). Any other deviation is considered a Major Variance. (see attachment). Communication between the property owner and staff has been maintained to date. On February 23, 2016 the property owner applied for a Variance to be heard before the City of Lynwood's Design Review Board (DRB) & Parking and Business Improvement District Advisory Board (PBIDAB). VAR No. 2016 -01 2 April 25, 2016 DISCUSSION The subject property is located at the east side of Thorson Avenue between Lavinia Avenue and Carlin Avenue. Single family residences surround the subject property. Section 25 -135 of the Lynwood Municipal Code (LMC) provides the variance procedure in which an applicant can be granted relief from zoning provisions when, because of special circumstances applicable to a property including size, shape, topography, location, or surroundings, the strict application of the zoning code would deprive a property of privileges enjoyed by other properties in the vicinity and under the identical zoning classification. Table 20 -1 of the LMC provides basic development standards for residential properties related to setbacks, minimum lot dimensions, maximum lot coverage, maximum heights and landscaping. Based on the development standards for the R -1 zoning district the applicant must obtain a variance from two specific development standards: 1. A reduction in the minimum side yard setback from five feet (5') to two feet (2'). 2. An increase in the maximum lot coverage by building from forty percent (40 %) to fifty percent (50 %). By attaching the patio cover at the side of the primary residence, the property owner encroached into the side yard setback. According to the Lynwood Municipal Code, a five feet (5') side yard is required to be maintained. Prior to the construction of the patio cover two landings /steps were already located within the driveway. A variance is required to maintain a two feet (2') side yard setback in order to maintain the patio and have clear access to the garage located at the rear of the property. Following are the findings followed by staff determinations of the project in relation to the required findings. 1. 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. The Lynwood Municipal Code (LMC) Section 25 -65 -7 (C)(1) requires a minimum driveway width of twenty feet (20') for one way traffic. The property currently has an existing seventeen feet -four inches (17' -4 ") wide driveway, and two four feet (4) long landings /steps encroaching onto the existing driveway. The existing driveway clearance is eleven feet -four inches (11' -4 "). A variance could allow the applicant to keep the existing patio with vehicle accessibility to the garage located at the rear of the property. The Lynwood VAR No. 2016 -01 3 April 25, 2016 Municipal Code Table 20 -1 allows a maximum lot coverage of forty percent (40 %) in the R -1 (Single Family Residential) zone. The patio cover has to be extended in order to provide a clear access to the garage located at the rear of the property; which will increase the lot coverage by ten percent of the maximum forty percent allowed by the LMC. 2. 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 variance 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 residence driveway location and SFR configuration, the subject property cannot be developed to the same extent (lot coverage, setback, etc.) that other properties enjoy. 3. 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 applicant's proposal to legalize the unenclosed patio would not be detrimental, will not impair the existing single - family homes nor impair other development opportunities of the existing adjacent properties. The proposed construction will be required to comply with the most recent edition of the adopted building code requirements and will be inspected by a City building inspector. 4. That in granting the variance, the spirit and intent of this Zoning Code will be observed. The patio would not extend beyond the existing fence line separating the adjacent property. Meeting the existing setbacks would not allow a functional patio area and there are no property owners impacted by the variance request. The project patio is in harmony with the scale of the existing building and project improvements. The patio is not a hard roof structure and does not impact abutting properties. The application indicates that the abutting property owners have no objections to the variance request. 5. 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 zoning and building regulations as well as with the policies and goals established by the City's General Plan. VAR No. 2016 -01 4 April 25, 2016 6. That the Variance request is consistent with the General Plan of the City of Lynwood. The granting of the variance will not result in development which is otherwise inconsistent with the provisions of the General Plan in that the request will not diminish property values or alter the character of the surrounding area. Also, the request will provide and maintain a residential character. STAFF RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. DETERMINE That Variance No. 2016 -01 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there are under pursuant to Sections 15303(e) (New Construction of Conversion of Small Structures). 2. APPROVE Resolution No. 3359 thereby approving Variance No 2016 -01 to reduce the required side yard setback from five feet (5') to two feet (2') and to allow an increase in the maximum lot coverage from forty percent (40 %) to fifty (50 %) to legalize and existing 1,050 square foot unenclosed patio cover attached to the existing single family residence. Attachment: 1. APN MAP 2. AERIAL PHOTO 3. MV no. 2015 -01 LETTER DATED 9/28/15 4. RESOLUTION NO. 3359 VAR No. 2016 -01 5 April 25, 2016 6186 8 APN MAP F•A .1 A SESSCR " im *'F Tu 111 ..'a ... (6 cto 4,4 7,1 Pr io Q7 AlVe VAR No. 2016-01 6 April 25, 2016 •I r• P 'x•T.. � Ham° 4(. a t r hi};J na .na. 12308 Thom! Ave �Ai RESOLUTION NO. 3359 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2016 -01, REQUEST TO REDUCE THE MINIMUM REQUIRED SIDE YARD SETBACK FROM FIVE FEET (5') TO TWO FEET (2') AND TO ALLOW AN INCREASE IN THE MAXIMUM LOT COVERAGE FROM FORTY PERCENT (40 %) TO FIFTY PERCENT (50 %) IN ORDER TO LEGALIZE AN EXISTING 1,050 SQUARE FOOT UNENCLOSED PATIO COVER ATTACHED TO THE EXISTING SINGLE FAMILY RESIDENCE AT 12308 THORSON AVENUE, IN THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. WHEREAS, an application has been filed by Enrique Lucatero, pursuant to the City of Lynwood Municipal Code (LMC), for consideration of a Variance to reduce the minimum required side setback from five feet (5') to two feet (2') and to allow an increase in the maximum lot coverage from forty percent (40 %) to fifty percent (50 %) in order to legalize an existing 1,050 square foot unenclosed patio cover attached to the existing single family residence (SFR) on property located at 12308 Thorson Avenue, further described as Assessor's Parcel Number 6186 - 008 -006. The subject property is located in the R -1 (Single Family Residence) zone, at the east side of Thorson Avenue between Lavinia Avenue and Carlin Avenue; and WHEREAS, the City of Lynwood Planning Commission, pursuant to law, on April 25, 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 Department of Development, Compliance and Enforcement Services has determined that the proposal is Categorically Exempt from the California Environmental Qualify 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. The Lynwood Municipal Code (LMC) Section 25 -65 -7 (C)(1) requires a minimum driveway width of twenty feet (20� for one way traffic. The property currently has -1- an existing seventeen feet -four inches (17'4 wide driveway, and two four feet (4') long landings /steps encroaching onto the existing driveway. The existing driveway clearance is eleven feet -four inches (11' -fl. A variance could allow the applicant to keep the existing patio with vehicle accessibility to the garage located at the rear of the property. The Lynwood Municipal Code Table 20- 1allows a maximum lot coverage of forty percent (40 %) in the R -1 (Single Family Residential) zone. The patio cover has to be extended in order to provide a clear access to the garage located at the rear of the property; which will increase the lot coverage by ten percent of the maximum forty percent allowed by the LMC. 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 variance 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 residence driveway location and SFR configuration, the subject property 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 applicant's proposal to legalize the unenclosed patio would not be detrimental, will not impair the existing single - family homes nor impair other development opportunities of the existing adjacent properties. The proposed construction will be required to comply with the most edition of the adopted building code requirements and will be inspected by a City building inspector. D. That in granting the variance, the spirit and intent of this Zoning Code will be observed. The patio would not extend beyond the existing fence line separating the adjacent property. Meeting the existing setbacks would not allow a functional patio area and there are no property owners impacted by the variance request. The project patio is in harmony with the scale of the existing building and project improvements. The patio is not a hard roof structure and does not impact abutting properties. The application indicates that the abutting property owners have no objections to the variance request. E. That the Variance does not grant special privilege to the applicant. The variance request does not grant special privilege to the applicant because 2 the applicant is required to comply with all applicable zoning and building regulations as well as with the policies and goals established by the City's General Plan. F. That the Variance request is consistent with the General Plan of the City of Lynwood. The granting of the variance will not result in development which is otherwise inconsistent with the provisions of the General Plan in that the request will not diminish property values or alter the character of the surrounding area. Also, the request will provide and maintain a residential character. Section 2. The Planning Commission of the City of Lynwood hereby approves Variance No. 2016 -01, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEPARTMENT OF DEVELOPMENT COMPLIANCE AND ENFORCEMENT SERVICES 1. The Variance must be acted upon within one year. The Variance shall become null and void 365 days from the date of approval if not acted on within this period. The expiration date is April 25, 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 all other City Departments. 3. The project shall be in compliance with the plans approved by the City of Lynwood Planning Commission dated April 25, 2016 and on file in the Department of Development Compliance and Enforcement, Planning Division. 4. The applicant shall sign a Statement of Acceptance stating he /she has read, understands, and agrees to the conditions of this resolution. 5. Any proposed subsequent modification of the subject site, land use, or structures, shall be first reported to the Department of Development Compliance and Enforcement, Planning Division for review. 6. Conditions of approval shall be printed on plans to submission to the Building and Safety Division for plan check. -3- 7. Prior to obtaining a final from Building Division applicant or property owner shall obtain final signatures from other departments (i.e. Fire Department, Planning, and Public Works /Engineer Department). 8. All appeals must be brought within ten (10) working days of the date of the final action by the Development Services Director, or Site Plan Review Committee. An appeal will be scheduled for public hearing before the Lynwood Planning Commission. Persons filing the appeal must submit application and pay a fee of $1,083. 9. The applicant /owner 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 /owner of his obligations under this condition. PLANNING DIVISION 10. This Variance does not allow any type of alterations to the existing single family residence. Prior to any changes to the existing structure the applicant needs to submit plans to the Department of Development Compliance and Enforcement for review. 11. The property owner shall maintain a pro - active approach to the elimination of graffiti from the structures, fences and accessory buildings, on a daily basis. Graffiti shall be removed within twenty-four (24) hours. BUILDING AND SAFETY DIVISION 12. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. .The California Building Code - 2013 edition; .The California Plumbing Code - 2013 edition; •The California Mechanical Code - 2013 edition .The Los Angeles County Fire Code — 2013 edition; .The National Electrical Code — 2013 edition; All as amended by the California Building Code of 2013. 4 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. 13. Applicant /property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. DEPARTMENT OF PUBLIC WORKS/ ENGINEERING DIVISION 14. A permit from the Engineering Division is required for all off -site improvements. 15. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. 16. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED PRIOR TO ISSUING THE CERTIFICATE OF OCUPANCY 16.1 Reconstruct damaged and substandard drive approach per S.PP.W.C. STD. DWG. 110 -2 TYPE A (to be used for ingress and egress as shown on the site plan). LOS ANGELES COUNTY FIRE DEPARTMENT 17. The Fire Department's Land Development Unit has no requirements for this permit. 18. Review and approval by the County of Los Angeles Fire Department Fire Prevention Engineering Section Building Plan Check Unit shall be required for this project prior to building permit issuance. Contact the Fire Prevention Engineering Section Plan Check office refer below for specific submittal requirements for this project. Fire Prevention Commerce Office 5823 Rickenbacker Road Commerce, CA 90040 (323) 890 -4125 19. Submittal for review of the tenant improvement is required. Refer above for Fire Prevention Engineering Building Plan Check contact information. Section 3. The Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) guidelines pursuant to Sections 15303(e) (New Construction of Conversion of Small Structures). -5- Section 4. A copy of Resolution No. 3359 shall be delivered to the applicant. APPROVED AND ADOPTED this 25th day of April, 2016, by members of the Planning Commission, voting as follows: AYES NOES ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Erika Ramirez, Interim Director Department of Development, Compliance and Enforcement Services 0 Jorge Casanova, Chairperson APPROVED AS TO FORM: David Garcia, City Attorney Planning Commission Counsel 0 September 28, 2015 Enrique Lucatero 8 P.O. Box Downey, CA 90239 City qf ]LYNWOOD vt Cag vMeeUng 06affesges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 RE: Minor Variance No. 2015 -01 12308 Thorson Ave. Lynwood, CA 90262 Mr. Lucatero, City staff has reviewed your application for a Minor Variance requesting to decrease the minimum side yard setback for an unpermitted patio cover from five (5) feet to two (2) feet. Lynwood Municipal Code Section 25 -140.1 authorizes the approval of a minor variance when, due to special circumstances applicable to a property, including size, shape, topography, location, or surroundings, the strict application of this zoning code deprives such property of privileges enjoyed by others in the vicinity and under the identical zoning classification. Planning staff has reviewed the proposed variance, and has determined that a variance cannot be granted. While some of the Minor Variance findings are consistent with your request, the variance cannot be granted based on following: 1. LMC Section 25 -140 -1 (c) Allows up to a forty percent (40 %) reduction of the required side yard setback, provided that a setback of at least three feet (31 is maintained, consistent with the requirements of the applicable fire code. Plans submitted shows two (2) feet side yard setback which does not meet the minimum requirement. LMC Table 20 -1 (D) allows maximum lot coverage of forty percent (40 %) for R -1 (Single Family Residential) zone. The proposed patio exceeds the allowable lot coverage. Proposed gate is located within the twenty feet (20) front yard setback, in order to maintain the proposed six feet (6� high gate, the gate shall be relocated. 4. LMC Table 20 -1 (H) requires a minimum front yard setback of twenty feet (201. Plan shows the proposed patio encroached into the front yard setback. Further, there are no special circumstances or exceptional characteristics applicable to the property involved, such as the size, shape, topography, location, or surroundings which are not generally applicable to other properties in the same vicinity and under an identical zoning classification. The proposed variance is not necessary for the preservation of a substantial property right of the applicant such as that possessed by owners of other properties in the same vicinity and zone. The granting of the variance will be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone. If you have any further questions regarding this determination, please feel free to contact me at (310) 603 -0220 x 247. Sincerely, Karen Figueredo Planning Associate I Development Services Department AGENDA STAFF REPORT DATE: April 25, 2015 TO: Honorable Chair and Members of the Planning Commission, serving as the Business Improvement District Advisory Board FROM: Erika Ramirez, Interim Director Department of Development, Compliance and Enforcement Services PREPARED BY: Bruno Naulls, Project Manager SUBJECT: Parking and Business Improvement District (P.B.I.D.) Acceptance of the Annual Spending Plan - Fiscal Year 16 -17 RECOMMENDED ACTION: 1. RECOMMEND City Council approval of the Fiscal Year 2016 -2017 (FY17) Draft Parking and Business Improvement District (PBID) Annual Spending Plan; 2. RECOMMEND the City of Lynwood City Council set a public hearing of June 7, 2016 to obtain public input and comments on the (FY17) Draft Parking and Business Improvement District (PBID) Annual Spending Plan; 3. RECEIVE AND FILE the PBID FY 2015 -2016 (FY16) Annual Spending Report. "7 MOVE THAT THE CITY OF LYNWOOD PLANNING COMMISSION AS THE PARKING BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD RECOMMENDS THE CITY OF LYWNOOD CITY COUNCIL APPROVE THE FY17 DRAFT PARKING AND BUSINESS IMPROVEMENT DISTICT ANNUAL SPENDING PLAN, AND SET A PUBLIC HEAIRNG DATE OF JUNE 7, 2016 TO OBTAIN PUBLIC COMMENT ON THE SAID DRAFT SPENDING PLAN; AND THAT THE LYNWOOD PLANNING COMMISSION AS THE PARKING BUSINESS IMPROVEMENT DISCTRICT ADVISORY BOARD RECIEVES AND FILES THE PBID FY16 ANNUAL SPENDING REPORT ". Background: On November 27, 1985, Lynwood Ordinance 1262 was adopted into law establishing the Parking and Business Improvement District (PBID). PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City. The fundamental purpose of the PBID is to promote the economic revitalization and physical maintenance of the Lynwood business community. Section 3 of the Ordinance identifies the PBID Area as all of the territory within the boundaries of the City of Lynwood; and Section 4a of the Ordinance established the system of charge and the method each business would be assessed. The mandated levy imposed is 50% of the business license tax to all businesses located within the PBID area will be assessed each year. Discussion & Analysis: PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City. The City expects to have approximately $428,700 in PBID funds available for FY17 spending and expects to receive an additional $175,000 in assessment funds by the end of the year. Staff has developed a spending plan to be considered by the PBID Board based on the needs of the District as determined by the completion of a Needs Assessment to identify costs and issues involved with maintaining and improving the City's business areas. The Plan does not utilize all available funds but leaves a contingency to allow for urgent needs and future endeavors. Economic Development Initiative The Economic Development Incentive focuses on the attraction of consumers, support and retention of businesses and attraction of new businesses to Lynwood through beautification and assistance. It will strive to address business related issues that may arise throughout the year and provide relief to businesses in need of assistance. The incentive will also provide funds to enhance infrastructure aesthetics that will promote commerce and consumer activity in our business district. The itemized list of activities is designed to improve the aesthetics of the City's business districts and assist in the promotion of commerce in Lynwood. All aspects of these activities are for the benefit and increase of consumer activity year round and in specific seasons where regular consumer activity tends to rise. Below provides a summary of the FY17 spending plan as well as the proposed activities and budget for the FY17. 2 Description Amount 1 Painting of curbs and intersections To enhance pedestrian safety throughout the business district $30,000 2 Planting of drought tolerant plants and /or trees To enhance appearance of the business district $20,000 3 City Gateway Signs To improve /replace signage and make consistent throughout $105,000 5 Commercial Sign Program Create and develop business sign enhancement program $20,000 6 Seasonal Decorations To enhance seasonal decorations in the business district $10,000 7 Marketing and Promotion Develop marketing and promotion strategies, advertisement materials, hold mixers, workshops and special events for $10,000 businesses 8 Surveillance Camera Monitoring Equipment Safety measure to deterrent crime in the business district $10,700 9 Street Sweeper Maintenance $47,000 Maintain the cleanliness of our business 10 Graffiti Removal Eradicating unsightly graffiti City's business district $51,000 11 Sidewalk Cleaning Services Maintain clean walkable approach to businesses $29,000 12 Boom Truck Purchase (50 %) This vehicle is described as a Lift Truck; which contains a man $85,000 bucket. This man bucket can be lifted vertically to a distance of 35- 40 feet and it is used in the following matter; 1. Repair and maintain lighting at City owned parking lots 2. Repair and install safety lights 3. Install banners on major boulevards for public events; such as Hazardous Waste Collection event, Electronic Waste event etc. 4. Install banners on arterial roads promoting school district learning events 5. Installation of Christmas decorations on high wires and other purpose decorations 6. Installation of banners for carnival activities and other public events 7. Installation of banners on light poles for Saint Francis Hospital to promote heath activities 8. Repair and maintain City owned Traffic Signal heads The Public Works Department (PW) estimated the cost of the vehicle at approximately $150,000 to $175,000. PW requested that the PBID to pay half of the purchase price. 13 PBID Contingency Amount $11,000 TOTAL FISCAL YEAR 2016 -2017 REQUEST $428,700 PBID FISCAL YEAR 2015 -2016 ANNUAL REPORT Past Expenditures Due to the nature of the expenditures requested in fiscal year 2015 -2016 (FY16) funds were not fully expended and are proposed for carryover into fiscal year 2016 -2017 (FY17). A summary of the FY16 spending plan and status is as follows: Economic Development Initiative: The Economic Development Incentive is to address overall assistance involving business related issues that may arise throughout the year and provide relief to businesses in need of assistance. The incentive will also provide funds to enhance infrastructure aesthetics that will promote commerce and consumer activity in our business district 1. City Gateway monument signs a. Project is being reassessed (carryover) 2. Parking lot and landscaping improvement a. Reduction in City staffing has caused the delay of Program implementation. Due to adjustments and continued Departmental reorganization and assessment, the Program may be resubmitted for possible implementation under a different scope in future. It is the desire of the City to assist the business community with aesthetic improvement that will attract and enhance consumer activity and the overall quality of life in Lynwood. 3. To Develop plans or concepts to market the existing businesses in Lynwood a. No Activity 4. To create marketing schemes to attract new business to our City. a. No Activity 5. To address other infrastructure signage in business districts as needed, a. No Activity 6. To address architectural requirements and fees related to Business District landscape and streetscape plans. a. No Activity 7. Advertisement of, and special events to promote new and existing businesses within Lynwood throughout City and during events and necessary equipment purchases and or rentals at certain trade events such as Farmer's Markets and Street Fairs. a. The Lynwood Farmer's Market & Street Fair was held between the months of June and September. It was an opportunity for local 4 businesses to display and sale merchandise at a centralized location of Yvonne Burke Ham Park. Funds were used to pay for certification, rental equipment and attractions at the event. 8. Business Conventions - No activity 9. Provide funding to purchase banners and flyers a. Funds were utilized to purchase street and pole signs to advertise the farmer's market & street fair Surveillance Camera Monitoring Equipment: $14,645 Surveillance cameras have had a positive impact on the Lynwood business community. Crime has substantially been reduced which allows business owners to operate more efficiently throughout the year. Crime not only includes theft, but also includes graffiti and vandalism. The presence of cameras is a deterrent and if a crime occurs, the conviction rate increases with the ability to identify those responsible. The proposed cost for the equipment to monitor these cameras will be $14,645. (See attached Camera Program memo). Street Sweeper Maintenance Contract: $30,000 Street sweeping is a needed service to maintain the cleanliness of our business thoroughfares. The service has a direct and positive effect on the businesses of our City and has been deemed an eligible expense for PBID funds. The annual cost for this service as it applies to Lynwood's business districts is $30,000. The contract for said services is attached. Partial Payment of Boom Truck — Public Works: $85,000 We requested funding for approximately 50% of the cost of the Lift Truck. It is estimated that Lift Truck would cost approximately $150,000 to $175,000. Pricing information is attached for your review. The payment for the Lift truck will not occur until Fall 2016. Carryover of Funds will be required. Unused funds: The estimated fund carry over from FY16 appropriated funds is $428,700, including the project budgets listed above. The amounts stated in this report are estimates and the costs may be more or less than indicated. Fiscal Impact: The annual PBID assessment is billed through the Business License System, with annual renewals mailed out in December of each year. The proposed expenditures for FY16 revenue is approximately $175,000 with carryover of approximately $428,700 to cover costs associated with proposed FY16 fund appropriations. It is estimated that a PBID assessment equal to 50% of the annual Business License Fee with stated carryover will result in sufficient revenue to cover the identified costs (FY17 Spending Plan) that are exclusively for the benefit of the Parking and Business Improvement District as mandated by Ord. #1262. 5