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HomeMy Public PortalAboutA 2016-07-12 PLANNING COMMISSIONCity of �4,� LYNwo o D 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 �� 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 ) 2 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. 4 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. 5 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 6 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. 3 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 4 LOCATION MAP (CUP 2016 -03) 5 N T 4 "t U?ecun sPh Ave a v v � Joy Wok Express 4 Esteban Liquor cvn 0 Pops Garage ■ La Jniea Market c en;ury Blvd v± t Century Blvd 0 ?3114 Martin lather ATM > Kug Jr Blvd C CZY At M Express `E s 0 0< 3 4 iquid Transport C' v m � Q C v CL M cti C C ti rn c? 5 AERIAL MAP (CUP 2016 -03) l) .F r 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 2 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. 3 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. 4 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; 5 • 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) King Taco # 24 1 r- M�noli8 Ave ARCO a< Magno"a4ye a � u W QLnan Ave a CC m 0 Euclydgve a �-° EArfi R n�o+t St r a E Golden Sr Carlin Ave A9 *: F� R4 dar St Elen"ta Lynwood Middle School * y 0 O %Qz Palm Ave m CO 7 Pakngve �m idAve EorQha 12622 long Such Blvd E404r n S� orcharaAve � P� F orchard St a' Ep�ne St `o t z EArfghgton S? Lee's tools e E o4*s St E Gof, . R 1 P FSt� z � E p _ F Drape psi m E Fin. AERIAL PHOTO (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 { b 5 Y y! 421 BROWN BAG BASE2 422 GREAT WALL BASE2 415 ONIONSKIN TAN BASE2 400 TAVERN TAUPE BASE2 435BUTTERSCOTCH BASE2 404 BARN SWALLOW BASE2 sr A a. ry �s Ac w. A a +.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..