HomeMy Public PortalAboutA 2016-07-12 PLANNING COMMISSIONCity of
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California
11330 Bullis Road
Lynwood, CA 90262
(310) 603 -0220
PLANNING COMMISSION & PARKING & BUSINESS IMPROVEMENT
DISTRICT BOARD (PBIDB)
REGULAR MEETING
Tuesday, July 12, 2016 — 6:00 P.M. RA l%� n/
CITY HALL COUNCIL CHAMBERS
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LYNWOOD, CA 90262 RECEIVED
PLANNING COMMISSION & PBIDB
Elizabeth Battle, Commissioner
Bill Younger, Commissioner
Alex Landeros, Commissioner
Kenneth West, Vice -Chair
Jorge Casanova, Chairperson
JUL 0 7 2016
CITY OF LYNWOOD
CITY CLERKS OFFICE
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 the City Clerk's Department at (310) 603 -0220 rti 214 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 or other materials related to
an item on this Agenda which are distributed to the Planning Commission less than 72
hours before this scheduled meeting shall be available for public inspection in the
Development, Compliance and Enforcement Department/Planning Division office
located at 11330 Bullis Road, Lynwood, CA 90262, during normal business hours.
CALL TO ORDER
2. CERTIFICATION OF AGENDA
3. ROLL CALL
1. Elizabeth Battle, Commissioner
2. Bill Younger, Commissioner
3. Alex Landeros, Commissioner
4. Kenneth West, Vice -Chair
5. Jorge Casanova, Chairperson
Planning Commission & Parking & Business Improvement District Board Agenda
July 12, 2016
Page 2 of 3
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Request to Approve the Minutes of the June 14'h, 2016 regular meeting.
6. SWEARING IN OF SPEAKERS
(City Clerk or Designee)
7. PUBLIC ORAL COMMUNICATIONS- Regarding Agenda Items Only
(With respect to speakers addressing items listed under the heading of public
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 Planning
Commission 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
ALEX LANDEROS, COMMISSIONER
KENNETH WEST, VICE CHAIR
JORGE CASANOVA, CHAIRPERSON
10. PUBLIC HEARING(S)
A. Request to consider Conditional Use Permit 2016 -03, to allow a mechanic
ship with smog check services. The property is located on 3114 Martin Luther
King Jr. Boulevard in the C -3 (Heavy Commercial) zone.
I. Open Public Hearing ( M S_ )
11. Staff Report Presentation
111. Public Testimony
IV. Discussion
V. Close Public Hearing
VI. Call for the question /vote (M S )
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Planning Commission & Parking & Business Improvement District Board Agenda
July 12, 2016
Page 3 of 3
B. Request to consider Conditional Use Permit 2016 -04 to allow a 2,000 square
foot Del Taco restaurant with 24 hour drive -thru. The property is located on
12622 Long Beach Boulevard in the C -2A (Medium Commercial) zone and
within village IV of the Long Beach Boulevard Specific Plan.
I. Open Public Hearing ( M S )
II. Staff Report Presentation
III. Public Testimony
IV. Discussion
V. Close Public Hearing
VI. Call for the question /vote (M S )
11. OLD BUSINESS
A request for Planning Commission review and consideration of modifications
to a previously approved architecture element (paint color) for Conditional
Use Permit No. 2015 -03 for the remodel of the Rodeway Inn located at 10112
Long Beach Boulevard. (Continued from June 14, 2016)
12. ADJOURNMENT
Next Regular Meeting is scheduled for August 9, 2016.
,k4, LYNWOOD PLANNING COMMISSION
June 14, 2016
Item #1 -Call Meeting to Order
Chair Casanova called the meeting to order at 6:02 PM
Item #2- Flay Salute
Vice Chair Landeros 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 Department of Development, Compliance &
Enforcement Services Erika Ramirez, Planning Associate Karen Figueredo, Planning
Manager Mike Poland, Senior Public Works Manager Elias Saikaly, Project Manager
Bruno Naulls and City Attorney David Garcia.
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
It was moved by Commissioner Younger and seconded by Commissioner Landeros to
approve the Minutes from the Planning Commission meeting from April 25, 2016.
Item #7- Reorganization
Vice Chair Landeros nominated that Planning Commission Chair Casanova to remain as
Chair, seconded by Chair Casanova.
ROLL CALL:
AYES: BATTLE, CASANOVA, LANDEROS
NOES: YOUNGER, WEST
ABSTAIN:
ABSENT:
Chair Casanova remained as the Planning Commission Chair.
Commissioner Battle nominated Commissioner West as the Vice Chair of the Planning
Commission, seconded by Commissioner Younger.
ROLL CALL:
AYES: BATTLE, CASANOVA, LANDEROS, YOUNGER, WEST
NOES:
ABSTAIN:
ABSENT:
Commissioner West was elected as the Planning Commission Vice Chair.
Item #8- Swearing in Speakers
City Clerk Maria Quinonez swore in members of the audience.
Item #9- Public Orals
None
Item #10- Public Orals (Non - Agenda)
None
Item #11- Planning Commission Oral & Written Communications
None
NEW REGULAR AGENDA (PUBLIC HEARING)
Item #12- Modification of Conditional Use Permit 2003 -18
Applicant: Comex KC/The Kickin' Crab
3170 Imperial Highway, Building B4, Suite B102
APN:6171- 007 -057
Proposal:
Interim Director of Department of Development, Compliance & Enforcement Services
Ramirez introduced the item to the Commission and Planning Associate Figueredo
provided information from the staff report. The applicant, Comex KC/The Kickin' Crab,
requested that the Planning Commission consider and approve Modification of
Conditional Use Permit No. 2003 -18 to include the onsite sale of alcohol on the exterior
patio of an existing restaurant. The property is located at 3170 Imperial Highway in the
CB -1 (Controlled Business) zoning district and within Village II of the Long Beach
Boulevard Specific Plan.
Recommendation:
Staff recommended that the Planning Commission adopt Resolution No. 3357 approving
Modification of Conditional Use Permit 2003 -18.
Chair Casanova opened Public Hearing
Carolyn Figuera, 3272 Flower St. Lynwood CA 90262 spoke in favor of applicant.
Jenifer Mendoza, 3391 107' Street, Los Angeles, CA 92003 spoke in favor of applicant.
Ms. Rivero, 3100 Imperial Highway, Lynwood, CA 90262 spoke in favor of applicant.
Raquel Manzo, 3130 Flower Street, Lynwood, CA 90262 spoke in favor of applicant.
Teresa Carlo, 11800 Long Beach Boulevard, Lynwood, CA 90262 spoke in favor of
applicant.
Martin, 1095 Orange Avenue, Long Beach, CA 90813 spoke in favor of applicant.
Julia Guzman, 942 Second Street, San Pedro, CA 90731 spoke in favor of applicant.
Chair Casanova closed public hearing.
Commissioner Landeros asked to clarify if the applicant already had a liquor license.
Interim Director Ramirez clarified the business already has a liquor license.
Commissioner Battle asked if there were any incidents reported on site.
Interim Director Ramirez clarified there are no incidents reported at the time.
Chair Casanova asked if the patio will impact the parking requirements.
Interim Director Ramirez clarified the patio is existing and the request is to allow the
onsite sale of alcohol on the existing patio.
Hearing no further discussion, it was moved by Vice Chair West, seconded by
Commissioner Landeros to approve:
MODIFICATION OF CONDITIONAL USE PERMIT NO. 2003-18, RESOLUTION
NO 3357 APPROVING MODIFICATION OF CONDITIONAL USE PERMIT NO.
2003 -18, A REQUEST TO INCLUDE THE ONSITE SALE OF ALCOHOL ON THE
EXTERIOR PATIO OF AN EXISTING RESTAURANT AT 3170 E. IMPERIAL
HIGHWAY BUILDING B -4 SUITE B102, ASSESSOR'S PARCEL NUMBER 6171-
007 -057 IN THE CB -1 (CONTROLLED BUSINESS ZONE) AND WITHIN VILLAGE
II OF THE LONG BEACH BOULEVARD SPECIFIC PLAN, CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
ROLL CALL:
AYES: BATTLE, CASANOVA, LANDEROS, YOUNGER, WEST
NOES:
ABSTAIN:
ABSENT:
ITEM #13 Discussion (Conditional Use Permit No. 2015 -03)
Applicant: Bhavesh Patel
10112 Long Beach Boulevard
Proposal:
Interim Director of Department of Development, Compliance & Enforcement Services
Ramirez introduced the item to the Commission and provided information from the staff
report. The Interim Director is requesting the Planning Commission allow staff to make
a determination of substantial conformance for the proposed architecture element
(paint color) modification request for previously approved Conditional Use Permit No.
2015 -03.
Recommendation:
Staff recommended that the Planning Commission consider whether the proposal is in
substantial compliance or is not in substantial compliance with the original approval.
Commissioner Younger asked if the proposal was City-wide or if it applies only to the
specific project.
Interim Director Ramirez clarified that it only applies to this specific project.
Commissioner Landeros inquired about having the color approved administratively
instead of bringing the project back to the Planning Commission.
Vice Chair West stated he appreciated staff's concern and that the Planning Commission
has to make the best decision to ensure that the guidelines are followed. Vice Chair
West also inquired if staff has a paint pallet available to make recommendations.
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Interim Director Ramirez replied she will be able to provide a paint pallet for the
Planning Commission at their next meeting on July 12, 2016 if so requested.
Chair Casanova requested the item to be brought back on July 12, 2016 for further
discussion.
ITEM #14- Old Business
Solar Panels
Discussion:
Interim Director of Department of Development, Compliance & Enforcement Services
Ramirez introduced the item to the Commission and provided information from the staff
report. The Interim Director is requesting that the Planning Commission provide
feedback on the potential "Solar Energy Systems & Streamlined Permitting" section of
the Lynwood Zoning Code. In addition staff recommends the Planning Commission
provide direction how to proceed.
Commissioner Younger inquired about the process to adopt the proposed development
standards.
Interim Director Ramirez clarified the proposed development standards will have to be
reviewed by the commissioners, provide feedback, add or remove any other conditions.
Interim Director Ramirez also pointed out some concerns made by the Commissioners
such as visibility from the public right -of -way and blending into the existing structure
and explained how those concerns are addressed in the draft document.
Chair Casanova requested staff to include a development standard regarding solar
panel glare, and to prepare a draft ordinance.
ITEM #15 New Business
Presentation on Draft Safe and Healthy Communities Element
Project Manager Naulls introduced the item to the Commission. Consultant from Raimi
and Associates provided a presentation to the Planning Commission. Staff is requesting
that the Planning Commission receive and file the Draft Safe and Healthy Communities
Element. The Element has been reviewed by Staff, community stakeholders, and the
Community Advisory Committee. The Element is scheduled for completion by the end of
June 2016; however, the Public Hearing for adoption of the Element will be postponed
until the 2017 calendar year.
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Recommendation:
Staff recommends that the Planning Commission receive and file the Draft Safe and
Healthy Communities Element.
Hearing no further discussion, it was moved by consensus to receive and file the Safe
and Healthy Communities Element.
COMMISSION ORALS
Commissioner Battle thanked staff for distributing the agenda early.
Chair Casanova inquired about property 11300 Atlantic Avenue regarding overgrown
vegetation.
STAFF ORALS
Interim Director Ramirez provided an update on the different ordinances, such as the
moratorium on Billboards, letter grades on mobile food, licensing of ice cream trucks,
the Public Nuisance ordinance. Also she provided an update on animal control services.
AD70URMENT
Having no further discussion, it was moved by Chair Casanova and seconded by
Commissioner Landeros to adjourn the meeting.
Planning Commission meeting was adjourned at 7:30 PM
APPROVED AS TO CONTENT:
Erika Ramirez, Interim Director
Department of Development,
Compliance and Enforcement Services
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Jorge Casanova, Chairperson
Planning Commission
APPROVED AS TO FORM:
David A. Garcia, City Attorney
Planning Commission Counsel
City c1f LYNWOOD
ID -A Cag Aeoiog Choffwjes i
11330 BULUS ROAD
LYNWOOD. CALIFORNIA 90282
13101 803 -0220
DATE: July 12, 2016
TO: Honorable Chair and Members of the Planning Commission
FROM: Erika Ramirez, Interim Director Department of Development,
Compliance and Enforcement Services
Karen Figueredo, Planning Associate
SUBJECT: Conditional Use Permit No. 2016 -03 to establish a general
mechanic shop with smog check services. The property is
located at 3114 Martin Luther King Jr. Blvd. in the C -3
(Heavy Commercial) zone.
APPLICANT: Rafael Munoz
RECOMMENDED ACTION:
1. DETERMINE that Conditional Use Permit No. 2016 -03 is Categorically
Exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301- Minor Alteration to Existing Facilities.
2. APPROVE Resolution No. 3362 thereby approving Conditional Use Permit
No. 2016 -03 to establish a general mechanic shop with smog check service.
RECOMMENDED ACTION
"I MOVE THAT THE CITY OF LYNWOOD PLANNING COMMISSION APPROVE
RESOLUTION NO. 3362 BASED ON THE FINDINGS OUTLINED IN THE
ATTACHED RESOLUTIONS ".
PROJECT:
The applicant Rafael Munoz is requesting that the Planning Commission
consider and approve Conditional Use Permit No. 2016 -03, to establish a general
mechanic shop with smog check services. The property is located at 3114 Martin
Luther King Jr. Blvd. in the C -3 (Heavy Commercial) zone and has a General
Plan designation of Commercial, further described as Assessor's Parcel Number
6170- 026 -018.
BACKGROUND:
On April 27, 2016 the applicant Rafael Munoz submitted an application for a
Conditional Use Permit to establish a general mechanic shop with smog check
services on an existing 10,040 square foot property. The property is located on
the south side of Martin Luther King Jr. Boulevard between San Jose Avenue
and Capistrano Avenue. The property is comprised of two structures, a 1,261
square foot structure located at the rear of the property and 1,005 square foot
structure located at the front of the property.
DISCUSSION
The applicant proposes to establish a general mechanic shop with smog check
services within the existing buildings. All services will be performed within the
structures. The proposed development will provide nine (9) parking stalls and
one trash enclosure.
The general mechanic shop with smog test services consist of two service bays
and will be located within the 1,261 square foot structure located at the rear of
the property. The 1,005 square foot structure will consist of a lobby /waiting area
for customers, a reception area, two (2) restrooms, a lunch and break room, and
an office. The site is enclosed by a six foot (6) block wall located at the south and
east side of property, a six foot (6) chain link fence at the west side of the
property and iron fence with two gates at the front of the property.
Following are the findings followed by staff determinations of the project in
relation to the required findings:
1. That the proposed Conditional Use is consistent with the General Plan;
The General Plan Land Use Map designation for the subject site is
commercial and a general mechanic shop with smog check services are
conditionally permitted uses in the commercial zone. Goal LU -2 of the
City's General Plan requires the planning for a range of commercial sites
that serve the needs of the community. The new business is located in the
south side of Martin Luther King Jr. Blvd. which will be benefitted from
neighboring City, industrial businesses and residents, traveling to and
from the City of Lynwood.
2. That the nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and that the use will not adversely
2
affect or be materially detrimental to these adjacent uses, buildings, or
structures;
The proposed general mechanic shop with smog check services will not
be detrimental to persons residing or working in the area as a result of
placing conditions of approval on Conditional Use Permit No. 2016 -03.
The condition of approval includes restriction on the hours of operation, all
automotive repairs shall be conducted within the building at all times, and
no outside storage is allowed. In addition, any proposed tenant
improvements will be plan checked and inspected by the City's Building
Division to ensure compliance with applicable Building and Safety Codes.
3. That the site for the proposed conditional use is of adequate size and
shape to accommodate the use and buildings proposed;
The subject property is adequate in size and shape to accommodate the
conditionally permitted use. The site is approximately 10,040 sq. ft. in area
and has a two existing commercial buildings; ingress/ egress has been
reviewed and approved by the City Engineer.
4. That the proposed conditional use complies with all applicable
development standards of the zoning district,
The Applicant's request complies with all applicable development
standards established by the Zoning Code of the Lynwood Municipal. The
Conditional Use Permit pertains to establish a general mechanic shop with
smog check services. Any proposed modification to the structures will
observe applicable development standard for C -3 (Commercial) zone.
5. That the proposed conditional use observes the spirit and intent of this
Zoning Code.
The C -3 (Heavy Commercial) zone provides for the use of automobile
uses such as mechanic shop and smog test service. The proposed
conditional use observes all components of the zoning code. There are
similar uses in the vicinity; the project will be in compliance with all
applicable development standards, as provided in the Conditions of
Approval.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission take the following actions:
1. DETERMINE That Conditional Use Permit No. 2016 -03 is Categorically
Exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301- Minor Alteration to Existing Facilities.
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2. APPROVE Resolution No. 3362 thereby approving Conditional Use Permit
No. 2016 -03 to establish a general mechanic shop with smog check services
on the property located at 3114 Martin Luther King Jr. Boulevard.
ATTACHMENTS:
LOCATION MAP
AERIAL PHOTO
RESOLUTION No. 3362
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LOCATION MAP
(CUP 2016 -03)
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AERIAL MAP
(CUP 2016 -03)
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RESOLUTION NO. 3362
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING CONDITIONAL
USE PERMIT NO. 2016 -03, A REQUEST TO ESTABLISH A
GENERAL MECHANIC SHOP WITH SMOG CHECK
SERVICES. THE PROPERTY IS LOCATED AT 3114
MARTIN LUTHER KING JR. BLVD. ASSESSOR'S PARCEL
NUMBER 6170 - 026 -018 IN THE C -3 (HEAVY
COMMERCIAL) ZONE AND HAS A GENERAL PLAN
DESIGNATION OF COMMERCIAL, 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) Rafael Munoz, property owner, 3114 Martin Luther King Jr. Boulevard,
Lynwood, CA 90262 has filed an application for issuance of Conditional Use Permit No.
2016 -03 to allow establish a general mechanic shop with smog check services at 3114
Martin Luther King Jr. Boulevard, Lynwood, California 90262 (APN: 6170 - 026 -018) 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 July 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:
A. The Planning Commission hereby specifically finds that all the facts set forth in
the Recitals, Part A, 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 July 12, 2016, this Planning Commission hereby
specifically finds as follows:
1. That the proposed Conditional Use is consistent with the General Plan;
The General Plan Land Use Map designation for the subject site is commercial
and a general mechanic shop with smog check services are conditionally
permitted uses in the commercial zone. Goal LU -2 of the City's General Plan
requires the planning for a range of commercial sites that serve the needs of the
community. The new business is located in the south side of Martin Luther King
Jr. Blvd. which will be benefitted from neighboring City, industrial businesses and
residents, traveling to and from the City of Lynwood.
2. That the nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and that the use will not adversely affect or be
materially detrimental to these adjacent uses, buildings, or structures;
The proposed general mechanic shop with smog check services will not be
detrimental to persons residing or working in the area as a result of placing
conditions of approval on Conditional Use Permit No. 2016 -03. The condition of
approval includes restriction on the hours of operation, all automotive repairs
shall be conducted within the building at all times, and no outside storage is
allowed. In addition, any proposed tenant improvements will be plan checked and
inspected by the City's Building Division to ensure compliance with applicable
Building and Safety Codes.
3. That the site for the proposed conditional use is of adequate size and shape to
accommodate the use and buildings proposed,
The subject property is adequate in size and shape to accommodate the
conditionally permitted use. The site is approximately 10,040 sq. ft. in area and
has a two existing commercial buildings; ingress/ egress has been reviewed and
approved by the City Engineer.
4. That the proposed conditional use complies with all applicable development
standards of the zoning district,
The Applicant's request complies with all applicable development standards
established by the Zoning Code of the Lynwood Municipal. The Conditional Use
Permit pertains to establish a general mechanic shop with smog check services.
Any proposed modification to the structures will observe applicable development
standard for C -3 (Commercial) zone.
5. That the proposed conditional use observes the spirit and intent of this Zoning
Code.
The C -3 (Heavy Commercial) zone provides for the use of automobile uses such
as mechanic shop and smog test service. The proposed conditional use observes
all components of the zoning code. There are similar uses in the vicinity; the project
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will be in compliance with all applicable development standards, as provided in
the Conditions of Approval.
C. In view of all the evidence and based on the foregoing findings and
conclusions, the Planning Commission approves Conditional Use Permit No. 2016 -03
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 cost or
any other cost 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, Rafael Munoz,
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, arbitrations proceedings, regulatory proceedings,
losses, expenses or cost 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 the Conditional Use Permit, or the
activities conducted pursuant to this Conditional Use Permit. Rafael Munoz, and
its representative(s), or its successors shall pay such obligations as they 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 regulations
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. 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.
4. The City reserves the right to further review of the Conditional Use Permit and
conditions of approval should complaints be received form adjacent
residents /tenants or should the number of incidents reported to the Sheriffs
Department exceed the number expected in this type of development.
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5. The project shall comply with all regulations of the Lynwood Municipal Code, the
California Building Code, the Los Angeles County Fire Code, other City
Departments and applicable State and Federal regulations.
6. Any subsequent modification of the subject site or structures thereon shall be first
reported to the Department of Development, Compliance and Enforcement
Services, Planning Division, for review.
7. Conditions of approval shall be printed on the plans prior to submission to the
Building and Safety Division for plan- check.
8. Prior to plan -check submittal, the applicant shall sign a Statement of Acceptance
stating that they have read, understand, and agree to all conditions of this
approval prior to issuance of any building permits.
9. Prior to permit issuance, the applicant shall pay all City of Lynwood fees
including Development Impact fees and Art in Public Places fees.
10. The Conditional Use Permit approval shall lapse and become void one (1) year
from the date (July 12, 2016) of this document unless all conditions of said permit
are met and a building permit is issued or substantial progress has been made
toward establishing this use.
11. All appeals must be brought within ten (10) working days of the date of the final
action by the Planning Commission.
Department of Development Compliance and Enforcement Services /Planning Division
12. The Project shall be substantially compliant with plans approved by the City of
Lynwood Planning Commission approved July 12, 2016 and on file in the
Department of Development, Compliance, & Enforcement Services, Planning
Division.
13. All required parking areas shall be designated and have bumper guards per the
approved plan and such parking areas shall be well lighted and secured as to
prevent loitering and public nuisances.
14. Delineate path of travel regarding ADA requirement and access guidelines.
15. All activities shall be confined to the hours between seven o'clock (7:00) A.M.
and eight o'clock (8:00) P.M. daily.
16. No person or persons shall reside on the premises at any time.
17. Prior to operating the business, the applicant shall obtain a City of Lynwood
business license. Such business license shall be kept current and up to date.
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18. All automotive repair work and storage of materials shall be conducted within the
building at all times. No outside storage is permitted.
19. No outside storage of supplies are permitted, no obstruction of vehicle access or
parking areas is allowed. The applicant shall not store junk, trash, debris,
inoperable cars, wrecked cars, or car parts outside the building.
20. A trash enclosure shall be provided and consist of solid block on three (3) sides,
a minimum of five feet (5) in height, with a sight- obscuring door. Trash
enclosure shall be located so as not to block vehicle access or parking areas and
is to be accessible to the solid waste company.
21. The business shall be in compliance with the City Noise Ordinance, Chapter 3 -13
of the Lynwood Municipal Code.
22. The installation of flags, A- frames or painted signs on the subject property is
prohibited.
21 The applicant shall maintain all exterior lighting within the subject property; any
artificial lighting shall be installed to reflect away from adjoining properties.
24. The applicant shall post signs within and around the subject property stating that
"Loitering is strictly prohibited ".
25. The petitioner(s) shall be responsible for maintaining the premises free of graffiti.
Any graffiti must be removed within 24 hours of its appearance.
26. Window displays must be kept to a minimum to allow for maximum visibility and
shall not exceed 25 percent of window coverage.
27. Any proposed subsequent modification of the Project site, structures thereon or
hours of operation shall be first reported to the Department of Development,
Compliance & Enforcement Services for review prior to any modification.
28. 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.
Building & Safety Division
29. 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;
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• 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.
Department of Public Works
30. A permit from the Engineering Division is required for all off -site improvements.
31. No final sign off shall be given until all conditions of approval from the Public
Works Department have been completed.
32. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED AND APPROVED
PRIOR TO APPROVAL OF THE DRAINAGE PLAN.
32.1 Provide documentation that lots composing the property were
legally tied together to the satisfaction of the Department of
Public Works /Engineering Division. After reviewing the
documents, the Department of Public Works /Engineering Division
may require the submission and recordation of parcelttract map
or lot merger.
32.2 Submit a copy of property deed or recent title report to the
Department of Public Works /Engineering Division.
33. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED FOR APPROVED
PRIOR TO ISSUING A BUILDING PERMIT.
33.1 Submit a drainage plan. Drainage plan will be checked by the
Department of Public Works /Engineering Division. No permits will
be issued prior to approval of drainage plan.
34. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED AND APPROVED
PRIOR TO ISSUING THEIR CERTIFICATE OF OCCUPANCY.
34.1 Reconstruct full width of sidewalk along Martin Luther King Jr. Blvd.
per S.P.P.W.C. STD. DWG. 113 -2 and City instructions.
34.2 Remove damaged curb & gutter and construct new curb & gutter
per S.P.P.W.C. STD. DWG. 120 -2, A2 -6 along Martin Luther King
Jr. Blvd.
6
34.3 Reconstruct damaged and substandard drive approach(es), per
S.P.P.W.C. STD. DWG. 110 -2 TYPE C (to be used for ingress and
egress as shown on the site plan).
34.4 This development is subject to the City's Standard Urban Municipal
Separate Storm Water System (MS4). Pursuant to Section 14.13 of
the City of Lynwood Municipal Code relating to the control of
pollutants carried by stormwater runoff, structural and /or treatment
control best management practices (BMP's); a maintenance
agreement for the Municipal Separate Storm Sewer System (MS4)
shall be signed by the owner(s) and submitted to the Department of
Public Works /Engineering Division, Prior to issuance of building
permits.
34.5 Underground all new utilities.
34.6 Underground existing utilities if any modifications are proposed for
the electrical service panel.
34.7 All Edison vaults and structures shall be per SCE instructions.
Fire Prevention
35. 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
36. Final approvals from the Los Angeles County Fire Department must be obtained
prior to issuance of any building permits.
APPROVED this 12th day of July 2016 by members of the Planning Commission,
voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
VA
APPROVED AS TO CONTENT:
Erika Ramirez, Interim Director
Department of Development,
Compliance and Enforcement Services
Jorge Casanova, Chairperson
Planning Commission
APPROVED AS TO FORM:
David A. Garcia, City Attorney
Planning Commission Counsel
City 4 LYNWOOD „U=
:A Ctg „Ueotmg 0 offer ¢
11330 SULUS ROAD 4
LYNWOOD. CALFORNIA 90262
(310) 6030220
DATE: July 12, 2016
TO: Honorable Chair and Members of the Planning Commission
FROM: Erika Ramirez, Interim Director Department of Development,
Compliance and Enforcement Services
Karen Figueredo, Planning Associate
SUBJECT: Conditional Use Permit No. 2016 -04 to allow the
construction of a new restaurant with 24 -hour drive -thru
service. The property is located at 12622 Long Beach
Boulevard in the C -2A (Medium Commercial) zone and
within Village IV of the Long Beach Boulevard Specific Plan.
APPLICANT: Alex Meruelo Trust (Del Taco)
RECOMMENDED ACTION:
1. DETERMINE that Conditional Use Permit No. 2016 -04 is Categorically
Exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15332 -In -Fill Development.
2. APPROVE Resolution No. 3363 thereby approving Conditional Use Permit
No. 2016 -04 to allow the construction of a new restaurant with 24 -hour drive -
thru service on property located at 12622 Long Beach Boulevard.
RECOMMENDED ACTION
"I MOVE THAT THE CITY OF LYNWOOD PLANNING COMMISSION APPROVE
RESOLUTION NO. 3363 BASED ON THE FINDINGS OUTLINED IN THE
ATTACHED RESOLUTIONS ".
PROJECT:
The applicant Alex Meruelo Trust is requesting that the Planning Commission
consider and approve Conditional Use Permit No. 2016 -04 to allow the
1
construction of a new 24 -hour restaurant with drive -thru service. The property is
located at 12622 Long Beach Boulevard, further described as Assessor's Parcel
Number 6177 - 003 - 021,036, 037 and 039.
LL[41:01:ZiIWI:f91i
The subject property is located in Village IV of the Long Beach Boulevard Specific
Plan (LBBSP) and has a General Plan designation of Commercial. The site is
approximately 20,952 sq. ft. in area and is vacant.
DISCUSSION
Table 3.F Customized Use List of the Long Beach Boulevard Specific Plan,
identifies "Drive Thru" restaurants as conditionally permitted uses in Village No.
IV.
The project involves the construction of a new 2,000 sq. ft. restaurant and related
site improvements that include new landscaping, a trash enclosure and lighting.
Per the Long Beach Boulevard Specific Plan (LBBSP), the applicant is required
to provide twenty (20) parking spaces. The building includes a contemporary color
palette and the use of quality architectural materials such as old country ledge,
canvas awnings, metal coping and also stucco with heavy sand float and Monterey
finish. The colors are Java, Humbled Gold, Chinese red, and Tatami Tan, all of
which are consistent with the restaurants corporate image. The building measures
approximately twenty three foot and six inches (23' -6 ") in height and the main
entrance is located at the north side of the building.
The proposed restaurant meets the required development setbacks, landscape,
parking and building height requirements. The proposed floor plan identifies
kitchen and storage areas, a food service bar and a general seating area for
patrons.
Following are the findings followed by staff determinations:
1. That the proposed Conditional Use is consistent with the General Plan;
The General Plan Land Use Map designation for the subject site is
commercial and restaurants with drive -thru are conditionally permitted in
commercial zones. Goal LU -2 of the City's General Plan requires the
planning for a range of commercial sites that serve the needs of the
community. A new restaurant with a drive -thru service lane will provide an
additional dinning option to those living, working and visiting the City of
Lynwood. The project is located in the corner of Long Beach Boulevard
and Orchard Avenue which will benefit the community because of the
close proximity of schools, neighboring businesses and residents traveling
to and from the City of Lynwood.
2. That the nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and that the use will not adversely
affect or be materially detrimental to these adjacent uses, buildings, or
structures;
The proposed restaurant and ancillary drive -thru service lane will not be
detrimental to persons residing or working in the area as a result of
placing conditions of approval on Conditional Use Permit No. 2016 -04. In
addition, the proposed construction will be plan- checked and inspected by
the City's Building Division to ensure compliance with applicable Building
and Safety Codes. Likewise, the item has been reviewed and approved
by the Fire Department and ingress/ egress has been reviewed and
approved by the City Engineer. Conditions of approval have been
developed in order to mitigate any potential adverse impacts to the adjacent
uses, the drive -thru is located at the south -west corner of the property away
from residential area, artificial lighting will be installed to reflect away from
adjoining properties, and the property will be maintain free of graffiti and
loitering to preserve a positive image of the community.
3. That the site for the proposed conditional use is of adequate size and
shape to accommodate the use and buildings proposed;
The subject property is adequate in size and shape to accommodate the
conditionally permitted use. The site is approximately 20,952 sq. ft. in area
and the proposed restaurant will be 2,000 sq. ft., which incorporates a
drive -thru service lane. The drive -thru lane meets on -site vehicle
circulation requirements in order to allow adequate egress and ingress
into and out of the subject property. Ingress/ egress has been reviewed
and approved by the City Engineer.
4. That the proposed conditional use complies with all applicable
development standards of the zoning district,
The Applicant's request complies with all applicable development standards
established for Village No. IV of the Long Beach Boulevard Specific Plan,
particularly with regards to observing parking requirements, landscaping
requirements, building height, and building setbacks.
5. That the proposed conditional use observes the spirit and intent of this
Zoning Code.
The construction of a new restaurant with a drive -thru service lane
observes the spirit and intent of the Long Beach Boulevard Specific Plan.
The current site is vacant and undeveloped; the proposed restaurant will
assists in developing a streetscape design that creates a sense of place
and positive identity as required by the goals and objectives of the Long
Beach Boulevard Specific Plan.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:
1. DETERMINE That Conditional Use Permit No. 2016 -04 is Categorically
Exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15332 -In -Fill Development.
2. APPROVE Resolution No. 3363 thereby approving Conditional Use Permit
No. 2016 -04 to allow the construction of a new restaurant with 24 -hour drive -
thru service on the property located at 12622 Long Beach Boulevard.
ATTACHMENTS.
LOCATION MAP
AERIAL PHOTO
RESOLUTION No. 3363
4
LOCATION MAP
(CUP 2016 -04)
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(CUP 2016 -04)
RESOLUTION NO. 3363
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LYNWOOD APPROVING CONDITIONAL USE
PERMIT NO. 2016 -04 TO ALLOW A NEW RESTAURANT
WITH A 24 -HOUR DRIVE -THRU SERVICE ON PROPERTY
LOCATED AT 12622 LONG BEACH BOULEVARD,
ASSESSOR'S PARCEL NUMBER 6177 - 003 -021, 036, 037
AND 039 IN THE C -2A (MEDIUM COMMERCIAL) ZONE
AND WITHIN VILLAGE IV OF THE LONG BEACH
BOULEVARD 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) Alex Meruelo Trust, property owner, 12622 Long Beach Boulevard,
Lynwood, CA 90262 has filed an application for issuance of Conditional Use Permit No.
2016 -04 to allow the construction of a new restaurant with a 24 -hour drive -thru service
at 12622 Long Beach Boulevard, Lynwood, California 90262 (APN: 6177 - 003 -021, 036,
& 037) 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 July 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:
A. The Planning Commission hereby specifically finds that all the facts set forth in
the Recitals, Part A, 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 approved July 12, 2016, this Planning Commission hereby
specifically finds as follows:
1. That the proposed Conditional Use is consistent with the General Plan,
The General Plan Land Use Map designation for the subject site is commercial and
restaurants with a drive -thru is conditionally permitted in commercial zones. Goal
LU -2 of the City's General Plan requires the planning for a range of commercial
sites that serve the needs of the community. A new restaurant with a drive -thru
service lane will provide an additional dinning option to those living, working and
visiting the City of Lynwood. The project is located in the corner of Long Beach
Boulevard and Orchard Avenue which will benefit the community because of the
close proximity of schools, neighboring businesses and residents traveling to and
from the City of Lynwood.
2. That the nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and that the use will not adversely affect or be
materially detrimental to these adjacent uses, buildings, or structures;
The proposed restaurant and ancillary drive -thru service lane will not be detrimental
to persons residing or working in the area as a result of placing conditions of
approval on Conditional Use Permit No. 2016 -04. In addition, the proposed
construction will be plan- checked and inspected by the City's Building Division to
ensure compliance with applicable Building and Safety Codes. Likewise, the item
has been reviewed and approved by the Fire Department and ingress/ egress has
been reviewed and approved by the City Engineer. Conditions of approval have
been developed in order to mitigate any potential adverse impacts to the adjacent
uses, the drive -thru is located at the south -west corner of the property away from
residential area, artificial lighting will be installed to reflect away from adjoining
properties, and the property will be maintain free of graffiti and loitering to preserve
a positive image of the community.
1 That the site for the proposed conditional use is of adequate size and shape to
accommodate the use and buildings proposed;
The subject property is adequate in size and shape to accommodate the
conditionally permitted use. The site is approximately 20,952 sq. ft. in area and
the proposed restaurant will be 2,000 sq. ft., which incorporates a drive -thru
service lane. The drive -thru lane meets on -site vehicle circulation requirements in
order to allow adequate egress and ingress into and out of the subject property.
Ingress/ egress has been reviewed and approved by the City Engineer.
4. That the proposed conditional use complies with all applicable development
standards of the zoning district,
The Applicant's request complies with all applicable development standards
established for Village No. IV of the Long Beach Boulevard Specific Plan,
2
particularly with regards to observing parking requirements, landscaping
requirements, building height, and building setbacks.
5. That the proposed conditional use observes the spirit and intent of this Zoning
Code.
The construction of a new restaurant with a drive -thru service lane observes the
spirit and intent of the Long Beach Boulevard Specific Plan. The current site is
vacant and undeveloped; the proposed restaurant will assists in developing a
streetscape design that creates a sense of place and positive identity as required
by the goals and objectives of the Long Beach Boulevard Specific Plan.
C. In view of all the evidence and based on the foregoing findings and
conclusions, the Planning Commission approves Conditional Use Permit No. 2016 -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 cost or
any other cost 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, Alex Meruelo
Trust, (Del Taco) 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, arbitrations proceedings,
regulatory proceedings, losses, expenses or cost 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 the
Conditional Use Permit, or the activities conducted pursuant to this Conditional
Use Permit. Alex Meruelo Trust, and its representative(s), or its successors shall
pay such obligations as they 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 approval and any law, statute, ordinance or other regulations
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 City reserves the right to further review of the Conditional Use Permit and
conditions of approval should complains be received form adjacent
residents /tenants or should the number of incidents reported to the sheriff's
Department exceed the number expected in this type of development.
4. The project shall comply with all regulations of the Lynwood Municipal Code, the
California Building Code, the Los Angeles County Fire Code, other City
Departments and applicable State and Federal regulations.
5. Any subsequent modification of the subject site or structures thereon shall be first
reported to the Department of Development, Compliance and Enforcement
Services, Planning Division, for review.
6. Conditions of approval shall be printed on the first page of plans submitted to the
Building and Safety Division for plan- check.
7. Prior to plan -check submittal, the applicant shall sign a Statement of Acceptance
stating that they have read, understand, and agree to all conditions of this
approval prior to issuance of any building permits.
8. Prior to permit issuance, the applicant shall pay all City of Lynwood fees
including Development Impact fees and Art in Public Places fees.
9. The Conditional Use Permit approval shall lapse and become void one (1) year
from the date (July 12, 2016) of this approval unless all conditions of said permit
are met and a building permit is issued or substantial progress has been made
toward establishing this use.
10. All appeals must be brought within ten (10) working days of the date of the final
action by the Planning Commission. Persons filing the appeal must submit
application and pay a fee of $920.26.
11. The Project shall be in substantial compliance with plans approved by the City of
Lynwood Planning Commission approval on July 12, 2016 and on file in the
Department of Development, Compliance, & Enforcement Services, Planning
Division.
12. Exterior menu boards and related drive -thru equipment shall be positioned in a
manner as to minimize noise and light emissions from adjacent properties.
13. All required parking areas shall be designated and have bumper guards per the
approved plan and such parking areas shall be well lighted and secure as to
prevent loitering and public nuisances.
E
14. There shall be no outside storage of materials or equipment of any kind once the
certificate of occupancy is issued.
15. The applicant shall maintain all exterior lighting within the subject property, any
artificial lighting shall be installed to reflect away from adjoining properties.
16. The applicant shall post signs within and around the subject property stating that
"Loitering is strictly prohibited ".
17. The petitioner(s) shall be responsible for maintaining the premises free of graffiti.
Any graffiti must be removed within 24 hours of its appearance.
18. Window displays must be kept to a minimum to allow for maximum visibility and
shall not exceed 25 percent of window coverage.
19. The installation of flags, A- frames or painted signs on the subject property is
prohibited.
20. Any proposed subsequent modification of the Project site, structures thereon or
hours of operation shall be first reported to the Department of Development,
Compliance & Enforcement Services for review and written approval of said
modifications prior to any modification.
21. 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
22. At no time shall the restaurant serve food to more than 16 seats for outdoor
eating.
Building & Safety Division
23. 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.
Department of Public Works
24. A permit from the Engineering Division is required for all off -site improvements.
25. No final sign off shall be given until all conditions of approval from the Public
Works Department have been completed.
26. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED AND APPROVED
PRIOR TO ISSUANCE OF A GRADING PERMIT.
26.1 Submit a Rough Grading Plan.
26.2 Submit a Precise Grading Plan.
26.3 Submit a Geotechnical Engineer's report.
26.4 Lot Merger of four (4) Lots is required.
26.5 Submit a copy of property deed or recent title report to the Department of
Public Works /Engineering Division.
26.6 Provide an offer of dedication of 1.5 feet wide strip of property along
12622 Long Beach Boulevard, 3 feet wide strip of property along 12626
Long Beach Boulevard, and per Legal Description dated July 27, 2015,
dedication shall show on the grading plan.
26.7 Submit a grading plan prepared and signed by a registered Civil Engineer.
Grading plan will be checked by the Department of Public Works/
Engineering Division. No building permits will be issued prior to the
approval of the grading plan by the City Engineer. (See Engineering
Division for standard plan requirements)
27. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED AND APPROVED
PRIOR TO ISSUING A BUILDING PERMIT.
27.1 Submit a Rough Grade Certificate signed by a registered Civil Engineer.
27.2 Submit an approved grading plan by Department of Public Works /City
Engineer. No building permits will be issued prior to the approval of the
grading plan.
27.3 This project is subject to the City of Lynwood's Construction and
Demolition Ordinance. Determination shall be made upon submittal of the
6
project's cost estimate to the Department of Public Works. Building
permits and /or demolition permits shall not be issued until
developer /project owner contacts the Department of Public Works,
Engineering Division.
28. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED AND APPROVED
PRIOR TO ISSUING THE CERTIFICATE OF OCUPANCY
28.1 Reconstruct full width of sidewalk along: Orchard Avenue. Per S.P.P.W.C.
STD. DWG. 113 -2.
28.2 Reconstruct full width of sidewalk along: Long Beach Boulevard, Per
S.P.P.W.C. STD. DWG. 113 -2.
28.3 Reconstruct damaged PCC Cross Gutter per S.P.P.W.C. STD. DWG. 122 -2
at intersection of: Orchard Avenue and Long Beach Boulevard.
28.4 Reconstruct damaged and substandard drive approach per S.P.P.W.C.
STD. DWG. 110 -2 TYPE A (to be used for ingress and egress as shown
on the site plan).
28.5 Construct one (1) new drive approach per S.P.P.W.C.STD. DWG. 110 -2
TYPE A and as directed by the City Engineer. (to be used for ingress and
egress as shown on the site plan).
28.6 Reconstruct one (1) wheelchair ramp at: N/E corner of Long Beach
Boulevard and Orchard Avenue.
28.7 On Orchard Avenue, replace AC pavement to 25' east of edge of cross
gutter, grind pavement 1.5" per City Engineer request. Pavement striping
shall be replaced when applicable and per City instructions.
28.8 Construct ten (10) foot wide planter to separate the sidewalk from the
parking lot.
28.9 Connect to public sewer. Each building shall be connected separately.
Construct laterals as necessary. Minimum size required is six (6) inches
when connecting to an existing lateral, a City approved contractor shall
verify the size of such lateral and shall provide proof of its integrity by
providing a video tape of the lateral to the Department of Public Works
/Engineering Division. Videotaping and verification of sewer later size and
conditions must be done in the presence of a City Engineer /inspector.
Any and all existing sewer laterals less than six (6) inches in diameter
shall be abandoned at the property line per City instructions.
28.10 Plant one (1) thirty six inch (36 ") box street tree(s) per S.P.P.W.C.
standards along: Long Beach Boulevard, Species to be determined by
Public Works. A permit to install the trees is required by the Engineering
Division. Exact location and species of the trees will be determined at the
time the permit is issued.
28.11 Construct tree well cover per S.P.P.W.C. standards for existing and proposed
street trees.
28.12 Underground all new utilities.
28.13 Underground existing utilities if any modifications are proposed for the
electrical service panel.
28.14 All Edison vaults and structures shall be per SCE instructions.
28.15 All required water meters, meter service changes and /or fire protection
lines shall be installed by the developer. The new water meter shall be
Automatic Meter reading type (Smart Meter). That offers pulse output or a
radio interface, and shall be approved by the Department of Public Works
prior to installation. Each building shall be connected separately. The work
shall be performed by a licensed contractor hired by the developer. The
contractor must obtain a permit from the Department of Public Works
/Engineering Division prior to performing any work. Any and all existing
water service lines less than one (1) inch in diameter shall be abandoned
at the water main line per City instructions. Each building /tenant shall have
its own water service /meter.
28.16 Comply with NPDES, storm water and LID requirements. This
development is subject to the City's Standard Urban Stormwater Mitigation
Plan Ordinance (SUSMP).Pursuant to Section 14.13 of the City of
Lynwood Municipal Code relating to the control of pollutants carried by
stormwater runoff, structural and /or treatment control best management
practices (BMP's), A maintenance agreement for the Standard Urban
Stormwater Mitigation Plan (SUSMP) shall be signed by the owner (s) and
submitted to the Department of Public Works /Engineering Division, prior to
issuance of a building permit.
Fire Prevention
29. 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
8
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
30. Final approvals from the Los Angeles County Fire Department must be obtained
prior to issuance of any building permits.
APPROVED this 121h day of July 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
9
Jorge Casanova, Chairperson
Planning Commission
APPROVED AS TO FORM:
David A. Garcia, City Attorney
Planning Commission Counsel
City q' LYNWOOD
A Cog Ueo(.g cW>?exqe�
1 1330 BULLIS ROAD
LYNWOOD, CALIFORNIA 90262
13101 603-0220
DATE: July 12, 2016
TO: Honorable Chair and Members of the Planning Commission
FROM: Erika Ramirez, Interim Director of Development, Compliance and
Enforcement Services q4—
Mike Poland, interim Planning Manager
SUBJECT: A request for Planning Commission to approve and direct the Interim
Director Department of Development, Compliance and Enforcement
Services to make a determination of substantial conformance for the
proposed architecture element (paint color) modification request for
previously approved Conditional Use Permit No. 2015 -03.
APPLICANT: Bhavesh Patel
RECOMMENDED ACTION:
A. Provide direction for staff to make a determination of substantial conformance for
the proposed architecture element (paint color) modification request for
previously approved Conditional Use Permit No. 2015 -03.
BACKGROUND:
On January 12, 2016 the Planning Commission considered and approved 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. 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.
The applicant agreed to modify the roof to a Spanish tile roof to conform to the design
guidelines of the Long Beach Specific Plan; however this change in design was not
reflected in the renderings because of the time constraints of the hearing date and the
i
requested change by staff. It was discussed and noted at the Planning Commission
meeting of January 12th. When the tile roof and stone siding were installed on the
building the applicant opted to change the paint color to an earth tone color, rather than
the original white paint color approved by the Planning Commission.
On June 14, 2016, staff presented the current paint color to the Commission and
requested direction in determining the modification to be in substantial conformance
with the original proposal as it is in the approved color palette for the Long Beach
Specific Plan. The Commission directed staff to bring back a selection of color choices
so that they may select a color to be in substantial conformance.
ANALYSIS /DISCUSSION:
Section 6.2.5a of the Long Beach Specific Plan allows for the Director Department of
Development, Compliance and Enforcement Services or the Planning Manager to make
an administrative determination of Substantial Conformance.
The purpose of the Substantial Conformance provision is to provide an administrative
mechanism for which minor modifications to literal application of the Specific Plan or
design departures from specific standards herein may be permitted by the City with
amendment of the Specific Plan, provided that such departures do not result in
significant impacts and are consistent with the intent goals, and objectives of the
Specific Plan. The ability to permit minor modifications to the Specific Plan via the
Substantial Conformance provision allows for reasonable flexibility while maintaining the
integrity of the Specific Plan, including protection against significant impacts to adjacent
property owners. Substantial Conformance includes, but is not limited to, modifications
necessary to comply with final conditions of approval or medications affecting
infrastructure, public services and facilities, landscape material and other uses except
those affecting project financing and development regulations. Substantial Conformance
include, but not limited to, inclusion of land uses not listed in Chapter 3.0 of the Specific
Plan.
PROJECT:
At this time the applicant is requesting that a Substantial Conformance determination be
made by the Interim Director of the Department of Development, Compliance and
Enforcement Services that a change in the approved exterior stucco color be allowed.
Specifically that the current exterior stucco color of Onionskin Tan be allowed to be
maintained and considered in substantial conformance.
2
The project is located at 10112 Long Beach, on the corner of Long Beach Blvd. and
Wicrnncin
Prior to the commencement of the project, the site was a vacant motel. Below is an
image of the original motel.
The rendering below was approved on January 12, 2016, with the exception of
replacing the proposed gray roof with a Spanish tile roof to comply with the architectural
guidelines set forth in the Long Beach Specific Plan.
3
Approved (not including the Spanish the rood
Once the roof and stone siding were added to the buildings, the applicant applied a
darker stucco color to blend with the colors in the roof and stonework. While the color
was an earth tone, as allowed by the Long Beach Specific Plan, it is much darker than
the original proposed color. Therefore, staff is seeking direction from the Planning
Commission as to whether the current color of Onionskin Tan is in substantial
conformance with the original proposed off -white color. If, the current color is not in
substantial conformance, staff is requesting the Planning Commission to direct staff as
to which color in the Omega Stucoo Color & Texture Collection catalog can be deemed
in substantial conformance to the original proposed paint color. The catalog pages have
been attached for your review and consideration. The original catalog will also be
available.
Current/Proposed
4
Attachments:
Omega Stucco Color & Texture Collection Colors
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421 BROWN BAG BASE2 422 GREAT WALL BASE2 415 ONIONSKIN TAN BASE2 400 TAVERN TAUPE BASE2 435BUTTERSCOTCH BASE2 404 BARN SWALLOW BASE2
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A a. ry �s Ac
w. A
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+.Bb <r51.G'kT9s�h%+At� !y di )$,N,C afty,,.
430 MOCHA BASE2 56 PEARL GREY BASE2 237 ROCK GREEN BASE2 433 PRAIRIE DOG BASE2 35 CLOUD GREY BASE2 403 BAKED POTATO BASE2
236 ANTIQUE GREEN BASE2 221 HARVEST GOLD BASE2 431 MOSS GREY BASE2 10 OMEGA WHITE BASE10 12 CHENILLE BASE10 407 CORNICO BEIGE BASE2
232 SONOMA BASE2 14 CREAM BASE10 432 MILKY QUARTZ BASE10 420 FLORAL WHITE BASE10 412 BISON BEIGE BASE2 405 SURREY BEIGE BASE2
408 PLANTATION BEIGE BASE2 424 SILKY WHITE BASE10 201VORY BASE10 18COCONUT BASE 10 437 ROUGH KHAKI BASE2 411 OAK FLATS BASE2
233 CHIMAYO BASE2 15 BIRCH WHITE BASE2 425 SENSATIONAL SAND BASE2 434 VANILLA CREAM BASE 2 438 MOJAVE SUNSET BASE2 416 SAFARI TAN BASE 2
1 t f
426 STILL CREEK - BASE2 419 LIGHT TOAST BASE 10 427 SPICED COGNAC BASE2 413 MORNING MOON 3A5E 10 414 CLOUD COVER BASE2 69TRUEGREY BASE2
IMPORTANT NOTE: The colors represented by these samples are approximate color only. Actual color will vary due
to climatic conditions, job conditions, method of application, mixing techniques, and other factors that are beyond
the control of Omega Products International, Inc. Final selection must be made from actual product applied by the
applicator under actual job conditions to ensure color accuracy.
409 TOFFEE CRUNCH BASE2 429 SIERRA LEONE BASE2 418 EGYPTIAN SAND BASE 2 O M E G A- P R 0 D U C T S. C O M
0 2013 Omega Products International. All rights reserved_ �5..