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HomeMy Public PortalAbout3381 RESOLUTION NO.3381 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO.2017-03,A REQUEST TO ESTABLISH A MEDICAL OFFICE BUILDING/TREATMENT CENTER ON PROPERTY LOCATED AT 10211 LONG BEACH BOULEVARD (ASSESSOR'S PARCEL NUMBERS 6207- 010-007, 6207-010-008, 6207-010-009, 6207-010-010, AND 6207-010-011)IN THE SP(LONG BEACH SPECIFIC PLAN) ZONE AND HAS A GENERAL PLAN DESIGNATION OF COMMERCIAL, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND ADOPTION OF MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: A. Recitals (i) Market Street Development, LLC has filed an application for issuance of Conditional Use Permit No. 2017-03 to allow establishment of a medical office building/dialysis treatment center at 10211 Long Beach Boulevard, Lynwood, California 90262(APN:6207-010-007,6207-010-008,,6207-010- 009, 6207-010-010) 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 December 12, 2017, 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. In accordance with the California Environmental Quality Act Guidelines, an Initial Study was prepared to determine whether the Project may have a significant effect on the environment. On the basis of the Initial Study,the staff report, and oral and written evidence, it has been determined that the Project may have a potential significant effect on the environment which may be mitigated to a level that is less than significant and therefore a Mitigated Negative Declaration was prepared and adopted herein. A Mitigation Monitoring Plan has been prepared and said mitigation measures have been incorporated as a condition of this Resolution. The Mitigated Negative Declaration was circulated in accordance with CEQA Guideline Section 15105(b). The Planning Commission hereby finds the Mitigated Negative Declaration as adequate to assess the environmental impacts of the Project, based on the findings contained herein and finds, on the basis of the whole record, that there is no substantial evidence that the Project will have a significant effect on the environment and that the approval of the Mitigated Negative Declaration reflects the Planning Commission's independent judgment and analysis. As such, the City of Lynwood Planning Commission hereby adopts the Mitigated Negative Declaration and the Mitigation Monitoring Plan. The full record is available for review in the Community and Economic Development Department. C. Based upon substantial evidence presented to this Planning Commission during the above-referenced hearing, including written staff reports, vernal testimony, and development plans dated August 30, 2017, this Planing Commission hereby specifically finds as follows: 1. That the proposed conditional use is consistent with the general plan The General Plan designation for the Project site is Commercial. Office uses are allowed within the Commercial land use designated properties. The City of Lynwood Genral Plan Community Design Element envisions new development in the study area to ibe attractive, safe, well-designed and well-integrated with adjacent neighborhoods. lihe General Plan Community-Design Element indicates thatvisual improvement of the Long Beach Boulevard corridor.is intended to enhance the urban setting AND contribilite positively to the economic viability of the area. The General Plan further states"building facades are the most importantelements"within the Long Beach Boulevard Corridor. In addition,the General Plan encourages use of street level glass. General Plan Goals, Policies and Implementation Measures most relevant to the Project include the following. • Land Use Element Goal LU-4-To plan land areas for the provision of public and quasi-public services, such as schools, libraries, police and fire facilities, utiliti4is, government centers, and other related facilities that are of a size and location to efficiently serve the current and future population of Lynwood. • Land Use Element Implementation Measure 3.0-[The City shall]work with parties interested in the redevelopment of properties in redevelopment areas. j • Circulation Element Goal CIR-4-Provide an adequate supply of private off-str4et and public parking to meet the needs of residents and visitors to the City. j • Infrastructure/Public Services Element Policy DW-1.3-The City shall require fillet water conservation measures be implemented into all construction projects. • Infrastructure/Public Services Element Goal HC-1 - Provide a complete range!,of medical services to fill the needs of all sectors of the population within the community as well as the surrounding region. • Infrastructure/Public Services Element Policy HC-1.1 (Diversity of Health Care Services)-The City shall encourage a diverse range of medical service facilities, including public and private hospitals, medical clinics, emergency care facilities, convalescent hospitals, and specialized private practitioners. • Infrastructure/Public Services Element Policy HC-1.3 (Location of Routine HeOh Care Facilities)-The City shall distribute throughout the [General Plan] Planning Area land use designations that allow medical service facilities. • Community Design Element(Overall Objective)-To preserve positive aspects!of the.City and to eliminate aspects of the City's image which are less desirable. • Economic Development Element Policy ED-1.2-The City shall strive to diversify its local business makeup so that it avoids dependence on one segment of the local economy to provide employment,revenues,and retail outlets for the citizenry. • Noise Element Goal NOI-1 - Protect those living, working, and visiting the community from exposure to excessive noise. • Noise Element Policy NOI-1.5 - Provide guidelines to contractors for reducing potential noise impacts on surrounding land uses. • Noise Element Implementation Measure 2.0 - The City shall require sound attenuation features such as walls, berming, and heavy landscaping between commercial and industrial uses and residential uses to reduce noise and vibration . • Open,Space and Conservation Element (Water Resources) Policy SR-2.1 •-The City shall ensure that water conservation measures are implemented in ;all development projects. • Open Space and Conse,vatioii Element (water Resources) Imple,,entatyon Measure 1.0 - The City shall require that all new developments adhere to the NPDES permit program for stormwater discharge. • Open Space and Conservation Element (Water Resources) Implementation Measure 5.0 —The City shall require that all new construction be equipped with water-conserving plumbing fixtures that conform to State statutes and codes. • Open Space and Conservation Element (Energy Conservation) Goal EC-1 — Promote the conservation of energy resources in new and existing developments. • Open Space and Conservation Element (Energy Conservation) Policy WR-2.1 — The City shall ensure that energy conservation measures are implemented in all development projects. • Air Quality Element Policy AQ-1.1 (Air Quality Mitigation Measures) — The City shall ensure that to the extent practical that air quality mitigation measures are incorporated into residential, commercial and industrial projects. Conditions of Approval placed on the Site Plan Review and Mitigation Measures specified in the Mitigated Negative Declaration mandate the Applicant to implement all air quality and water quality measures required by the City and the State. The Project is consistent with all the above Goals, Policies and Implementation Measures. 2. That the nature, condition, and the development of adjacent uses,buildings, and structures have been consistent, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures The single-family residence on the Project site previously was used as a shelter for victims of abuse but has been vacant for some time and in need of extensive rehabilitation. The commercial business building on the Project site is operated by the property owner. Demolition of these two buildings together with new development on the Project will improve not only the Project site with a new and attractive structure but also will contribute to property value increases of nearby commercial buildings along Long Beach Boulevard. The Project building is not of a size or height(single-story) inconsistent with the scale of surrounding development. The two buildings to be demolished occupy 15,707 square feet; the proposed new building will occupy 11,468 square feet (a decrease in building area on the Project site of 27 percent). Project development will be a catalyst for new developments on, or improvements to, neighboring and nearby properties that generally are aging in appearance. 3. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed The Project site occupies 38,248 square feet in the central portion of a commercial block on Long Beach Boulevard. At present, there is a commercial building that occupies 12,430 square feet and a vacant single-family residence that occupies 3,277 square feet on the Project site,which together total 15,707 square feet in area. The proposed medical office building and treatment center would occupy 11,468 square feet; that is, the proposed structure on the Project site would occupy 27 percent less building area than the existing structures on the site. The Project site is generally triangular in shape and of sufficient size to accommodate parking as proposed in excess of the City requirement. Furthermore,the Project site is of sufficient size and shape to accommodate not only the proposed structure and parking area, but also to accommodate more than 8,000 square feet of new landscaping --a figure substantially in excess of the City requirement. 4. That the proposed conditional use complies with all applicable development standards of the zoning district The proposed medical office building/treatment center on the triangular-shaped Project site complies with all City of Lynwood development standards delineated in the Long Beach Boulevard Specific Plan for the Downtown Village I area and with all development standards specified in the City of Lynwood Zoning Code for the underlying C-3 (Heavy Commercial) zoning district. Project development involves demolition of two existing buildings(occupying 15,707 square feet)on the Project site,grading, and construction of an 11,468 square foot single-story medical office building/dialysis treatment center. The new parking area will contain 31 stalls, 4 of which will be handicap accessible, and 4 bicycle parking spaces. The new building will be 23 feet tall at its highest point. Structural setbacks will be 10 feet, 4 inches in front (facing Long Beach Boulevard) where a minimum 10 feet is required, 8 feet, 8 inches in the rear where a minimum 5 feet is required,.from 10 feet, 3 inches on the southerly side where 5 feet is required, and in excess of 100 feet on the northerly side where 10 feet is required. In addition,the Project would Include two spaces more than are required and would provide landscaping over123 percent of the Project site where the zoning requirement is 7 percent. s. That the proposed conditional use observes the spirit and intent of this zoning code The Long Beach Boulevard Specific Plan (Section 3.2—Determination'of Unlisted Usles) states that "the Planning Director, upon written request, or the Planning Commission, upon referral by the Planning Director, shall be allowed to determine whether a use riot specifically listed as a use that is principally permitted orconditionally permitted in the Specific Plan area should be given such designation based upon a similarity to u..es already allowed." Medical offices are a permitted use within the.Downtown Village I portion of the Long Beach Boulevard Specific Plan. However, hospitals and "medical clinics"are not permitted within the Specific Plan study area. The underlying zoning for the Project site is C-3(Heavy Commercial),which permits outright medical offices, dental offices, medical laboratories,pharmacies, and skilled nursing facilities. The proposed medical office/treatment center use is similar to several outright permitted uses. Also.the Project will establish a use on the.property that will not conflict with adjacent commer6ial uses to the north, south and east and with adjacent residential use to the west in the City of South Gate. In addition, the design of the proposed building and the fact that Ino variances are proposed or required indicates the proposed use observes the intent of the City Zoning Code. Thereby, Planning staff supports the proposed medial office/treatment center in that the proposed use observes the spirit and intent of the City of Lynwood Zoning Code. C. In view of all the evidence and based on the foregoing findings;and conclusio ns, the Planning Commission approves Conditional Use Permit No; 2017-03 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, or the activities conducted pursuant to this Conditional Use Permit. Accordingly, to the fullest extent permitted by law, Market Street Development LLC and lits representative(s);or its successors shall defend, indemnify and hold harmless the City, its employees, agents and officials, from and against any liability, clairuis, suits, actions, arbitrations proceedings, regulatory proceedings, losses, expensles 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 hof, 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. Market Street Development LLC, 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 regulatie;ns 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 gull compliance shall be a violation of these conditions. Any violation of the conditkOns 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 from adjacent residents/tenants or should the number of incidents reported to the Sheriffs Department exceed the number expected in this type of development. 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 it has read, understands, and agrees 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 (December 12, 2017) 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/Planninq Division 12.The Project shall be substantially compliant with plans approved by the City of Lynwood Planning Commission (approved December 12, 2017) and on file in the Department of Development, Compliance and Enforcement Services, Planning Division. 13.Prior to issuance of a Certificate of Occupancy, the Applicant shall designate all required parking area, shall install bumper guards for all parking spaces within the parking areas, and shall provide that all parking areas are well lighted and secured to prevent loitering and public nuisances. The Applicant shall provide evidence of such to the Planning Manager for his/her approval. 14.Any proposed subsequent modification of the Project site, structures thereon or hours of operation shall be first reported to the Department of Development, Compliance and Enforcement Services for review and approval prior to said proposed modification. 15.The Applicant shall comply with all Mitigation Measures delineated in the Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program prepared and adopted for this Project. 16.Failure to abide by and faithfully comply with any and all conditions attached to this approval action shall constitute grounds for the revocation of said action by the Lynwood Planning Commission. Fire Prevention 17.The required fire flow for public hydrants at this location is 1500 gallons per minute at 2-0 psi fora duration of-2 hours, over and above maximum daily domesItic demand 1 hyrdrant(s)flowing simultanenuchi may be used to achieve the req riled fire flow. 18.Water: Install one new public fire hydrant as shown on the attached site pian marked up. All required fire hydrants shall be installed, tested and accepted pOor to construction. 19.Access:Access is accepted as shown on the revised site plan dated December 5, 2017 as submitted to the County of Los Angeles Fire Prevention Land Development. MISCELLANEOUS 20.The Applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers, and employees from any.claim, action, or nrnr.APrlinn hrnllnht anainct the r'.ih, itc elertcri and annninterl nffiriolc ane .tc officers, or employees arising out of,or which are related to the Applicant's projct or application(collectively referred to as"proceedings"). The indemnification sl gall include,but n Oi;ue limited to,damages,fees and/or costs,liabilities, and expenses incurred to awarded in connection with the proceedings whether incurred by he Applicant, the City and/or the parties initiating or bringing such proceedings. T pis indemnity provision shall include the Applicant's obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs.in enforcing the indemnification'provisions set forth herein. The City shall have the right to chodise its own legal counsel to represent the City's interest in the proceedings. 21.The Applicant shall sign, notarize, and return to the Community and Economic Development Department an affidavit accepting all Conditions of Approval within 15 days from the date of the approval, unless appealed. The Applicant acknowledges and understands that all conditions set forth in this Resolution Eire conditions precedent to the grant of approval and failure to comply with any condition contained herein shall render this Conditional Use Permit non-binding]as against the City and shall confer Applicant no legal rights under the law. APPROVED this 12th day of December 2017 by members of the Plannijng Commission, voting as follows: AYES: ENCISO, ORTIZ, BATTLE,WEST, CASANOVA NOES: NONE ABSENT: NONE ABSTAIN: NONE _ Jorg- aha ova ..■ •- erson Planning Commission APPROVED 0 CONTENT: APPROVED AS TO FORM: // Q/ .-ArrAil N AW of Intl im Director John Lam, Deputy City Attorney \/-1 ..X De.artment of.Development, Planning Commission Counsel 7' ,/compliance yid Enforcement Services