Loading...
HomeMy Public PortalAboutA 2008-09-09 - PLANNING COMMISSION City o~ r ~~~~®®~ ~ .«.M..~~.~,. }~'~~ ~ City vUeeting ChaPQenges ) ~ ~ ~ ~ ~ 71330 BULLIS ROAD ,. LYNWOOD, CALIFORNIA 90262 (310) 603-0220 AGE~E®A LY6V~l®®® PLA-RINING C®NIMISSI®R! CITY HALL COUNCIL CF6AMBEISS~~.~~ 11330 BULLIS ROAD ~ `•"~- i v LYNWOOD, CA 90262 September 09, 2008 6:30 P. NI. Kenneth West Chair Alex Landeros Commissioner SEP 0 4 2008 CITY OF LYNWOOD CITY CLERKS ICE PLANNING COMMISSIONERS ~~ (/ p~~5_ Lourdes Castro-Ramirez Zelda Flutcherson Vice-Chair Commissioner Rita Patel Rebecca Wells Bill Younger Commissioner Commissioner Commissioner COMMISSION COUNSEL Law Office of Aleshire and Wynder Douglas P. Haubert Assistant City Attorney STAFF ]onathan Colin, Director Karen Figueredo, Planning Assistant Michael Allen, Planning Consultant OPENING CEBtETNONIES 1. Call meeting to order. 2. Flag Salute. 3. Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minutes of Planning Commission Meetings: August 12, 2008 S~IEAOtING IN SPEAI(ERS 6. The Lynwood Planning Commission shall swear in all persons wishing to testify on any item listed on the Planning Commission Agenda. Residents shall swear to tell the truth, the whole truth and nothing but the truth. PUBLIC O62ALS 7. At this time, any member of the public may comment on any issue within the jurisdiction of the Planning Commission that is not on the Agenda. Members of the public may also comment at this time on any Agenda Item that is not scheduled for a public hearing. To preserve continuity, the Planning Commission Chair may, at his/her discretion, request members of the public wishing to comment on Agenda Items for which public hearings are not scheduled to hold their comments until just prior to the Commission's discussion of the Agenda Item in question. CONTINUED PUBLIC HEAItYNGS NONE CONTINUED 9tEGULA6t AGENDA NONE z IVEW REGl9LAlt AGEN®A 8. Conditional Use Permit No. 2008-07 & Variance No. 2008-04 APPLICANT: Jack Ku 10838 Long Beach Boulevard APN 6191-004-029 Proposal Request to construct a 5,300 square foot single-story commercial retail building with two restrooms and seventeen (17) parking stalls and a Variance to reduce front and side yard setbacks. The property is located at 10838 Long Beach Boulevard in the C-2A (Medium Commercial) zone. Recommendation Staff recommends that the Planning Commission approve Conditional Jse Permit No. 2008-07 and Variance No. 2008-04. C®NINIISSI®Id ®ItALS STAFF ®QtALS A®JOURNNIE~IT Adjourn to the regular meeting of the Lynwood Planning Commission on October 14, 2008 at 6:30 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 3 AGENDA ITEM # 5 MINUTES 08-12-0$ LYNliYOOD PLANNING COMMISSION MEETING AUGUST 12, 2008 The Lynwood Planning Commission met in regular session in the City Hall Council Chambers. Chair West called the meeting to order at 6:31 p.m. Commissioner Hutcherson led the flag salute. Chair West requested the roll call. Commissioners Hutcherson, Younger, Patel, and Chair West answered the roll call. Commissioners Landeros, Wells, and Vice Chair Castro-Ramirez were absent. Chair West granted an excused absence for Vice Chair Castro-Ramirez's absence at the last meeting. Also present were Director of Development Services Colin, Planning Associate Harden Carter, Planning Assistant Karen Figueredo, Administrative Analyst I Kimberly Gonzalez, Public Works Engineering Manager Elias Saikali, Development Services Intern Jose Sanchez and Planning Commission Counsel Douglas Haubert. Chair West inquired if the Agenda had been duly posted. Director of Development Services Colin indicated the Agenda had been duly posted in accordance with the Brown Act. Ytem #5: Minutes ]ulv 8, 2008 Chair West announced Agenda Item #5, Minutes of the July 8, 2008, Planning Commission meeting. Motion by Commissioner Patel to approve the July 8, 2008 minutes, seconded by Commissioner Hutcherson. Chair West requested the roll call and the motion was passed by general consensus. Item #6: Swearing in Speakers Chair West requested City Clerk Quinones swear in citizens wishing to speak on any Agenda Item. Item #7: Public Orals NONE Item #9: Aigigea9 IVo. 2008-01 Director of Development Services Colin stated that the applicant is requesting an approval to convert an existing single-family residence into a duplex, and utilize two existing 2-car garages to satisfy parking requirements located at 5158 Martin Luther King Jr. Boulevard. Staff is requesting that the Planning Commission continue Appeal No. 2008-01 in order to allow staff to come back with all findings, documentation and sufficient criteria to recommend action. Chair West stated fie would begin by opening up the Public Hearing. Attorney Haubert asked if the applicant was present. Director of Development Services Colin stated that the applicant was not present. Attorney Haubert stated that the Commission did not need to open up the hearing and could just move to continue the item. Chair West opened the public hearing. Hearing no discussion, Chair West closed the public hearing. Motion by Younger to continue Appeal No. 2008-01, seconded by Commissioner Patel. Director of Development Services called the roll and motion passed 4-0-3. Item #8: CUP No. 2008-04 Applicant: Carolyn Romero, Lynwood SNF Properties, LLC Planning Associate Carter stated that the applicant Carolyn Romero, Lynwood SNF properties is requesting approval of Conditional Use Permit No. 2008-04 to establish a skilled nursing program in an existing 21,198 square foot, 64-bed skilled nursing facility with 16 parking spaces, on a 39,660 square foot site. There will be up to 15 employees, at least half of which will work the daytime shift and the remainder split between the other two working shifts in the evening, early morning and weekends. Planning Associate Carter stated that the exterior of the facility will be improved with new paint, new flooring, light fixtures and other finishing. The Development Services Department has determined the 2 proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1(a). Staff recommends that the Planning Commission adopt Resolution No. 3210 approving Conditional Use Permit No. 2008-04. Chair West asked if the Commission had any questions. Chair West asked if there is a reason why conditions 10 and 11 are not combined. Planning Associate Carter stated that there was no particular reason but it can be combined. Vice Chair Castro-Ramirez arrived at 6:42 p.m. Commissioner Hutcherson asked about the number of parking spaces and why it was originally 17 and now is 14. Planning Associate Carter stated that based on the size of the parking stalls and also the gate that is in question by the Fire Department there are two scenarios. If the gate is closed there would be 16 spaces and 64 beds. If the gate remains the parking lot could only accommodate 14. Commissioner Younger asked specifics about the two scenarios. Planning Associates Carter explained the number of parking spaces would determine the number of beds. Commissioner Younger asked about the 54 beds. Planning Associate Carter stated that if the gate remains the parking lot would only accommodate the 14 spaces therefore only 54 beds. Commissioner Hutcherson asked if it would then be a conditional approval based on the Fire Department approval. Planning Associate Carter stated that they can't condition it based on the approval from the Fire Department. Chair West clarified that the approval is an "if and then" situation depending on the parking spaces. Commissioner Hutcherson asked staff if they know when the Fire Department will be coming to the site. 3 Planning Associate Carter stated that the applicant has been dealing with the Fire Department to schedule a meeting at the site. Director of Development Services Colin asked Planning Commission Counsel Haubert to clarify the resolution. Attorney Haubert stated the resolution is to approve 64 beds and 16 parking spaces. There is a condition that the approval is conditioned based on the Fire Department approval. Director of Development Services Colin stated that staff wrote the resolution with 64 beds because staff assumed it would be approved; the Fire Department letter was received yesterday so staff needed it to be reflected in the record. Vice Chair Castro-Ramirez asked if the Fire Department is recommending approval of 16 parking spaces and 64 beds. Attorney Haubert stated that the applicant has gone through the Fire Department and they have been in accordance with them on how many parking spaces and how many beds there will be. (INAUDIBLE) Planning Associate Carter stated that as the resolution is now, it's for 64 beds and 16 parking spaces; this is staff's recommendation. Chair West asked staff if the Commission can make a determination of reducing the number of beds to any number. Planning Associate Carter stated that it is based on what the code says. Director of Development Services Colin stated that another thing to keep in mind is the variance application. Vice Chair Castro-Ramirez stated that she wanted to know about the zoning because the staff report indicates several times that it is consistent with the zoning. Planning Associate Carter asked if she was referring to the findings. Vice Chair Castro-Ramirez clarified that she is asking about the zoning because the area is mixed with residential. She also asked when the code was last updated. 4 Planning Associate Carter stated that it is an existing building and everything that is proposed meets the current code. Director of Development Services Colin stated it is consistent and the zoning code was last updated in 2005. Robert Lamishaw, 6263 Venice Blvd. representing the applicant spoke in support. He clarified the code which requires 1 space per 4 beds. He stated that the Commission could vote to approve a maximum of 64 beds. He explained that this is a residential facility and the surrounding area is primarily residential. Chair West asked if the Commission had any questions. Vice Chair Castro-Ramirez asked if the applicant can give more information on the background and the type of care given. Carolyn Romero, the owner of the property, 21225 Georgetown Dr. Saugus, Ca. introduced her partner Dr. Malbenian and stated that she is a registered nurse. Vice Chair Castro-Ramirez asked what is her philosophy for the care given at the site. Applicant Romero stated that they give nursing and quality care. Vice Chair Castro-Ramirez asked about the referrals. Applicant Romero stated that they have local referrals such as St. Francis Hospital. Vice Chair Castro-Ramirez asked about what forms of payment they receive. Applicant Romero stated that the majority is through Medi-Care and some HMOs. Vice Chair Castro-Ramirez asked what the patient to staff ratio is. Applicant Romero stated that there would be adoctor, alive-skilled nurse, an RN and several certified nurses. Vice Chair Castro-Ramirez asked if she considers herself to be passionate towards patients. Applicant Romero stated she is very passionate. 5 Commissioner Hutcherson asked if she had any reported violations on any of the facilities she manages. Applicant Romero stated that there are no violations. Vice Chair Castro-Ramirez asked how often does the state inspect the facility. Applicant Romero stated that they can go any time they want. Commissioner Younger asked that since the request was for 104 beds originally and has now been scaled down to 64 beds, how will they ensure that they will not add more beds since the facility can accommodate more. Applicant Lamishaw stated that the application was submitted with the idea that they could apply for a Variance to allow mere parking on a nearby church parking lot. However, the zoning code states that the parking must be contingent so that is why it is scaled back. He stated that the permits and licenses would only be for 64 beds. Commissioner Younger asked who would ensure that they are in compliance. Applicant Lamishaw stated that the state agency does unannounced inspections. The city could also do inspections if they deemed it necessary. Commissioner Hutcherson asked if the intentions are to manage the property herself or sell the property and allow it to be managed by someone else. Applicant Lamishaw stated that it will be managed by the applicant. Commissioner Hutcherson stated she was asking because the applicant lives in Saugus and it is a long drive. Applicant Romero stated that she used to work in Los Angeles and she would drive so she would be managing it directly. Jenny Kim 15821 Ventura Suite 600, Encino, Ca. 91463 spoke in favor. She stated that the zoning is for R-3 and it is vacant. She also stated that there will be no cars for patients. The Conditional Use Permit is consistent with the Lynwood General Plan. The use will not affect the area adjacent. Traffic shouldn't be affected due to this project. They do have a history of complying. All the zoning have been met. Chair West closed the public hearing. 6 Chair West asked if staff has made a determination on trips in and trips out. Planning Associate Carter stated that staff didn't do a specific one for this project. Vice Chair Castro-Ramirez commended staff regarding the landscaping condition. She also noted that conditions #14 and 23 are similar and would like to strike out #23. She stated that it appears that the project is consistent however the parking seems to be inadequate, but they do meet the code. She would like to decrease the number of beds. Commissioner Younger asked about the inspections and about adding a condition for that. Chair West stated that the Commissioners should designate a specific time for the inspections. Commissioner Hutcherson stated that it should be done periodically based on if there are any violations. Chair West disagreed because it leaves it open to be anywhere. Commissioner Younger asked for Counsel interpretation. Attorney Haubert explained that the Commission could add a condition for inspections to be no less than one per year. Commissioner Patel excused herself at 7:33 p.m. Vice Chair Castro-Ramirez stated that she agreed to inspect the facility to no less than once a year. She also stated that the City Traffic should put some type of signage to alert traffic that the facility is there because visitors may park across the street and it is a wide street for them to cross. She also asked if that is a city cost or the applicant's cost to put up a sign. Chair West stated that if it is within the five percent then the applicant must pay the sign. Public Works Engineer Manager Saikali stated that the sign is a very low cost. Chair West stated that his concern is regarding parking for the workers and how it would affect the customers. 7 Planning Associate Carter stated that the Commission should consider what impact this will have. Vice Chair Castro-Ramirez stated that she knows that there will be an impact and it's important on what they assess. Planning Associate Carter stated that the whole parking ratio needs to be re- examined. Vice Chair Castro-Ramirez stated that the discussions that they are having are concerns that the Commissioners have. (INAUDIBLE) Commissioner Hutcherson asked if the emplo;~ees will be living there during the night. Planning Associate Carter stated that no employees will be sleeping there. Motion by Vice Chair Castro-Ramirez seconded by Commissioner Younger to adopt Resolution No. 3210 approving Conditional Use Permit No. 2008-04 with the following amendments: 1. 4 to 1 ratio not to exceed 64 beds based on the Fire Department approval; 2. strikeout Condition #23; 3. add that the City would inspect the facility not less than once per year and conduct a study to determine the impacts on the traffic (pedestrians). Director of Development Services Colin called the roll and motion passed 4-0-3. A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CYTY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2008-04, TO OPERATE A SKILLED NURSING FACELITY (CONVALESCENT HOME), AND TO ALLOW 64 BEDS FOR A TOTAL OF 16 TOTAL PARKING SPACES REQUIRED BY THE LYNWOOD MUNICIPAL CODE ON PROPERTY LOCATED AT 4271 CARLIN AVENUE, ASSESSOR PARCEL NUMBER 6186-011-025 IN THE R-3 (MULTI_FAMILY RESIDENTIAL) ZONE, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. 8 ROLL CALL AYES: YOUNGER, HUTCHERSON, CASTRO-RAMIREZ, WEST NOES: NONE ABSTAIN: NONE ABSENT: LANDEROS, WELLS, PATEL Commission Orals Vice Chair Castro-Ramirez wanted to refer to the applicant that they ensure quality of life for the residents. Also would like to have staff ensure the same. Apologized for missing last month's meeting. Chair West would like to bring back an item for the October meeting for the parking requirements. Also wants to tighten up the code in the Hospital-Medical- Dental. Would like to bring both items back together. Staff Orals NONE Adjournment It was moved by Commissioner Younger, seconded by Commissioner Hutcherson to adjourn at 7:48 p.m. to the next meeting of the Lynwood Planning Commission on September 9, 2008, in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 9 AGENDA ITEPN # CUP 2008-07 VAR 2008-04 DATE: September 9, 2008 TO: Honorable Chair and Planning Commission Members FROM: Jonathan Colin, Director of Development Services BY: Michael Allen, Planning Consultant SUBJECT: Conditional Use Permit 2008-07; Variance 2008-04 APPLICANT: Pacific Provident Group, Jack Ku BACKGROUND: The subject site, 10838 Long Beach Boulevard is located on the west side of Long Beach Boulevard, between Alma Avenue and Elizabeth Avenue. It is zoned "C-2A" (Medium Commercial) with the General Plan land use designation of "Commercial" and currently is a vacant property. The subject property is located in the Long Beach Boulevard Specific Plan, Village Two, and is intended to provide mixed use developments such as restaurants, bookstores, shops, and smaller offices; with residential uses in the vicinity of the Green Line. The applicant is requesting approval to develop a 5,300 square foot single story commercial retail building, including 17 parking stalls on a property totaling 15,912 square feet. The application also requests a variance to reduce the front and side yard setbacks. The applicant has worked diligently with various departments and City staff in order to develop this proposal, serving as the second phase of the Norton Plaza just south of this new development. In addition, the Site Plan Review Committee recommends approval, and there is no Development Review Board recommendation due to a lack of Board Members. ANALYSIS & DISCUSSION: The property is proposed to be developed with three (3) commercial/retail units totaling 5,300 square feet. 1,180 square feet of landscaping is located along the border and throughout the property. There are three (3) entry/exit points to the property; two located along Elizabeth, and one (1) located along Long Beach Boulevard. The Building is oriented in the center of the property with thirteen (13) parking spaces in the front and four (4) parking spaces in the rear. Also located at the rear of the property is an enclosed trash enclosure. Development Standards: All development standards are met with the exception of the front and side yard setback requirements. Development Required by City Provided by Deviation Standard A licant Front Yard Setback 10' 4' 6' to Parkin Street Side Yard 10' S' S' Setback As seen in the table above, the proposed development provides a four foot (4') Front Yard setback from the parking, and a five foot (5') Street Side Yard setback. Due to the size and shape of the properly the applicant has proposed these setbacks in order to maximize the use of the land and accommodate issues such as access to the property, compatibility with surrounding uses, traffic flow within the property and project feasibility. Compatibility with surrounding uses: Just south of the proposed development is the previously approved and constructed commercial/retail development, Norton Plaza. The proposed development is intended to serve as the second phase of Norton Plaza. The similar design, look, and layout of the property provide a uniform look and feel to the area as a whole. Future plans include a possible acquisition of the properties to the north of the proposed development. This would allow the continuation of the development, providing consistency along Long Beach Boulevard. Future development would ideally adjoin the proposed building to provide a contiguous frontage. Circulation: Because of the small size of the property, the relationship between the spacing between the parking and building has been oriented in order to maximize the space available for retail, and provide the minimum number of parking spaces as required by code. Because of khe depth of the property, three access points are needed on the property, one on Long Beach Boulevard, and two on Elizabeth Avenue. In order to accommodate two-way traffic, a lack of turnaround space, and parking dimensions, the front parking area needed two access points that could be used for entry and exit. The rear parking area only requires one access point to accommodate the four remaining parking spaces, loading area, and the trash bin. Elevations: Elevations indicate a single story structure consisting of exterior finishing, including plaster finish, stone veneers, and exterior fixtures. In addition, the project includes fabric awnings, window glass, and a Spanish clay roof tile. 2 Conditional Use Permit: Under Section 25-130-3, Conditional Use Permits, certain findings must be made in order to approve CUP 2008-07. In order to approve the CUP, the Commission must find: "That the proposed conditional use is consistent with the general plan." The proposed commercial/retail development is consistent with the goals and policy of the Lynwood General Plan in that the Commercial designation is intended to provide for general merchandising and retailing establishment that serve the needs of the residents of Lynwood. "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 subject property is located along Long Beach Boulevard. Long Beach Boulevard is predominantly developed with commercial uses. In the vicinity of the proposed development is residential development that will be positively impacted by the uses provided at the subject site. Therefore the proposal will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures. "That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed." The development has been designed to maximize the size and shape of the properly. The property can adequately support the three proposed retail units, and provides enough off-street parking. In order to develop the property with units of adequate size, the applicant requests a Variance for the front and side yard setbacks; in which case the conditional use is of adequate size and shape to support the use and buildings. °That the proposed conditional use complies with all applicable development standards of the zoning district." The proposed development complies with all applicable development standards with the exception of the front and side yard setbacks, for which a variance is required and being requested. "That the proposed conditional use observes the spirit and intent of the zoning code." The proposed development meets the development standards of the zoning code, taking into consideration the public health, safety and welfare. 3 Variance: Under Section 25-135-1, Major Variances, certain findings must be made in order to approve VAR 2008-04. In order to approve the VAR, the Commission must find: "There are exceptional or extraordinary circumstances or conditions applicable to the properly which do not apply generally to other properties in the same vicinity and zone." Due to the size and shape of the property, exceptional circumstances do exist that do not generally apply to properties in the surrounding area. "The variance is necessary for the preservation and enjoyment of substantial properly rights possessed by other properties in the same vicinity and zone but which is denied the property in question." In order to maximize the use of this property and develop similarly to those around it, the requested variance is necessary for the preservation and enjoyment of the subject property. "Granting the variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity." The variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity. "Granting the variance will be consistent with the spirit and intent of the Zoning Code." The proposed development meets the development standards of the zoning code, taking into consideration the public health, safety and welfare. "The variance will not grant special privilege to the applicant." The requested variance does not grant special privileges to the applicant that has not already enabled surrounding properties to develop in a similar fashion. "The variance request is consistent with the General Plan of the City of Lynwood." The proposed commercial/retail development is consistent with the goals and policy of the Lynwood General Plan in that the Commercial designation is intended to provide for general merchandising and retailing establishment that serve the needs of the residents of Lynwood. ENVIRONFIENTAL REVIEW The proposed Zoning Ordinance Amendment is determined to be categorically exempt under California Environmental Quality Act Section 15303. (C). 4 RECOMMENDATION Staff recommends that the Planning Commission conduct a public hearing on the matter and upon conclusion of that hearing, adopt Resolution No. 3219 and findings to approve Conditional Use Permit No. 2008-07 and Variance No. 2008-04 as conditioned. Attachments: 1. Project Profile 2. Location Map 3. Resolution No. 3219 4. Plans 5 PR®JECT PR®FY~~ Conditional Use Permit No 2008-07 & Variance 2008-04 10838 Long Beach Boulevard APM 6191-004-029 1 2 3 4. Source and Authority Lynwood Municipal Code (LMC) Section 25.25 sets forth development standards in commercial zones, Section 25.130 and 25.135 sets forth Conditional Use Permits and Variance findings. Property Location and Size The applicant is requesting approval to develop a 5,300 square foot single story commercial retail building, including 17 parking stalls on a property totaling 15,912 square feet. The application also requests a variance to reduce the front and side yard setbacks. Existing Land Uses Site Developed North: Commercial South: Commercial West: Commercial East: Multi Family Residential Land Use Designation The subject property has a General Plan Designation of Multi Family Residential and the current zoning is C-2A (Medium Commercial). The adjoining properties General Flan and Zoning designations are as follows: Site General Plan North: Medium Commercial South: Medium Commercial West: Medium Commercial East: Multi Family Residential Zoning C-2A (Medium Commercial) C-2A (Medium Commercial) C-2A (Medium Commercial) R-3 (Multi Family Residential) 6 5. Design Review Board None at the time of this report. 6. Site Plan Review Staff recommends that the Planning Commission adopt resolutions 3219 and Conditional Use Permit No 2008-07 and Variance No. 2008-04. 7. Code Enforcement History None at the time of this report. 8. Public Response None at the time of this report. 7 '~ rEna' \J C _ ~. - S JL _ ^Ol/~19~N AYr ^~J TEn J"va a'i:'. Q `i' .ry .°ielrl.If,ulc /; Ve V i ;A 1 :::::(!ISCII AVL 1 C c C YR':;p MSflftAV2 LL~ ? _ O '~ Q ".- I) $ - C n v, :~afNr1 Lc[hr. _ ¢ _ n !, c,hp„1 a > ~ a l P J~ 17 N ~ ~ ~ __ ~J i ~ r~;.\ ~ m ~ ~ a ~ y L. 4i T < ^ej4 ° ' ~ 10838 LB BLVD. ~ °" Eliza Celh Aye r~ ~o~ Piuma SI y hbrtu9 ke¢ ~+ Ngrlon qy~ Poplar Or NGrlpR Ave .y m Poplar p, ~ ,8y ~o Nnrtorl, a ' !_cs Fip; eS B!Vt1 ~ ~ m N ~r:5 Fim¢e I3!Yq I .e5 ~IefeS BI CJ r~ Vr: CCS Gloi C58!Vtl Oahvnod qye i3 s OakWnc7 Ave v a y, ti:•ry q ~ E U*lparial fi•,vy . t m c f mFerial Hw r ~ E 1r in y ~ AeECfOVr,etl kVe CJ ' ~ n beech wetly AVG F~~Jl4y.~- ~''. -VYY BP efJ1VJ(Jfd11Ve ~a , BP.C'f:!!W()[N1 t'IVC 9 e h v `a } ~ ¢ r ~ _ € q R.„ F. G/en; ^.~°'ko~ a~ U r ©2008 Google -Map data ©2008 NAVTEG'" -Terms of Use r- r 1~~ L •'~. ~ l/ 10838 LONG BEACB BOULEVARD S SITE ADDRESS: CASE NO.: CUP 2008-07 & VAR 2008-04 APPLICANT: _,La,.>r x„ FtESOLUTI®EV IV®. 3219 A RESOLUTION OF THE PLANNING COMMISSION OF THE CYTY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT 2008-07 AND VARIANCE 2008-04; FOR THE DEVELOPMENT OF ONE (1) COMMERCIAL BUILDING, CONSISTING OF THREE (3) UNITS ON PROPERTY LOCATED AT 10838 LONG BEACH BOULEVARD IN THE C-2A (MEDIUM COMMERCIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6191-004-029 CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORFJYA. WHEREAS, on August 27, 2008 the Site Plan Review Committee met and recommended approval for the project to develop a 5,300 square foot project subject to Conditional Use Permit No. 2008-07, Variance No. 2008-04; WHEREAS, on August 27, 2008 the Design Review Board Committee is adjourned and did not make any recommendations for the project to develop a 5,300 square foot project subject to Conditional Use Permit No. 2008-07, Variance No. 2008-04; WHEREAS, the Lynwood Planning Commission, pursuant to law, on September 9, 2008 conducted a public hearing; and WHEREAS, the Lynwood Planning Commission has carefully considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the project will not have significant impacts on the environment, and determined the projects to be categorically exempt under California Environmental Quality Act Section 15303. (C). Section 1. In order to approve the Conditional Use permit, the Planning Commission hereby finds and determines as follows: A. That the proposed Conditional Use is consistent with the General Plan. The General Plan Designation for the subject property is C2A (Medium Commercial), and is within the C2A zoning designation which is consistent with the Lynwood General Plan policies and goals in the Land Use Element. B. 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 project would be consistent with the C-2A (Medium Commercial) zone. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The site is appropriate in size to allow the operation of the proposed land use. D. That the proposed conditional use complies with all applicable development standards of the zoning district; and The project would comply with development standards set forth in the LMC. A Variance for the front and side setbacks is required. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The project would comply with development standards set forth in the LMC and is a permitted use in the C-2A (Medium Commercial) zone. Section 2. In order to approve the Variance application, the Planning Commission hereby finds and determines as follows: F. There are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone. Due to the size and shape of the property, exceptional circumstances do exist that do not generally apply to properties in the surrounding area. G. The variance is necessary for the preservation and enjoyment of substantial properly rights possessed by other properties in the same vicinity and zone but which is denied the property in question. In order to maximize the use of this property and develop similarly to those around it, the requested variance is necessary for the preservation and enjoyment of the subject property. H. Granting the variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity. The variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity. I. Granting the variance will be consistent with the spirit and intent of the Zoning Code. The proposed development meets the development standards of the zoning code, taking into consideration the public health, safety and welfare. J. The variance will not grant special privilege to the applicant." The requested variance does not grant special privileges to the applicant that has not already enabled surrounding properties to develop in a similar fashion. K. The variance request is consistent with the General Plan of the City of Lynwood. The proposed commercial/retail development is consistent with the goals and policy of the Lynwood General Plan in that the Commercial designation is intended to provide for general merchandising and retailing establishment that serve the needs of the residents of Lynwood. Section 3. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2008-07 and Variance No. 2008-04, subject to all conditions, restrir_tions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use must be acted upon within one year. The Conditional Use Permit shall become null and void 365 days from the date of approval if not acted on within this period. The expiration date is September 9, 2009. One extension of 1 year may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Development Services Department. 2. All conditions set forth in Resolution No.3219 approving Conditional Use Permit No. 2008-07 and Variance No. 2008-04, shall be observed at all times. 3. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all City Departments. 4. The project shall be developed in accordance with plans approved by the Lynwood Planning Commission and on file in the Development Services Department, Planning Division. 5. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, for review and approval of said modifications. 6. Prior to plan check the property owner shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution. 3 7. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. 8. Prior to issuance of building permits the applicant shall pay $0.47 per square foot of new construction to the Lynwood Unified School District. 9. Prior to obtaining a final from Building Division applicant/property owner shall obtain final signatures from other departments (i.e. Fire Department, Planning, and Public Works/Engineer Department) 10. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission, Development Services Director, or Site Plan Review Committee. An appeal will be scheduled for public hearing before the Lynwood Planning Commission. Persons filing the appeal must submit application and pay a fee of $1,083. PLANNING DIVISION 11. Landscaping shall be a minimum of seven percent (7%) of the gross lot area. Such landscaping and a permanent irrigation system shall be installed in accordance with landscaping/irrigation plans approved by the Development Services Department, Planning Division prior to issuance of building permits. At least five percent (5%) of the parkway area shall be landscaped. 12. All tenant spaces shall have restroom facilities in compliance with American with Disabilities Act (ADA) standards. 13. Each parking stall shall have a minimum dimension of 9' by 20'. All driveway and parking areas shall be paved with asphalt and permanently maintained and shall have sufficient lighting for security. Such vehicle access and parking areas shall remain clear and accessible for vehicles at all times. Vehicle parking stalls shall be delineated and have bumper guards. Handicap parking stalls shall be provided in compliance with American with Disabilities Act (ADA) standards. 14. Acoustical construction materials shall be use throughout the commercial units to mitigate noise to the standards and satisfaction of the Building and Safety Division. 15. Air Conditioners, heating, cooling ventilation equipment, and all other exterior mechanical devices shall be screened from surrounding properties and streets. 4 16. Any artificial light shall be installed to reflect away from adjoining properties. The applicant shall submit a detailed lighting plan to the Planning Division prior to occupancy. 17. A solid block wall, six-foot (6~ in height shall be maintained along the rear property lines. Any fencing shall first be reviewed by the Development Services Department, Planning Division. Prior to installing fencing, the applicant shall obtain approval and permit from the Development Service Department. 18. Refuse Storage Areas: Garbage or trash receptacles shall be metal or plastic containers equipped with overlapping, fly-tight lids, or other comparable containers, as may be approved by the Director of Development Services. Such containers shall be stored in an area that is enclosed on three (3) sides by a solid masonry wall and equipped with a latched gate. The wall should be six feet (6') in height. 19. Prior to installing signs, a sign permit shall be applied for, approved and obtained from the Department of Development Services. 20. Business owners may not install flashing signs, roof signs, portable signs, including A-frames and sandwich boards. Business owners may not paint any wall signs, place inflatable signs, balloons or flags, and may not place any signs in the public right of way. Signs shall not be installed on trees, light poles, fences or landscaping features. 21. Sign program shall be reviewed and approved by the Design Review Board prior to final approval by the Lynwood Redevelopment Agency 22. No person or persons shall reside on the premises at any time. 23. The property owner shall maintain apro-active approach to the elimination of graffiti from the structures, fences and accessory buildings, on a daily basis. Graffiti shall be removed within twenty-four (24) hours. 24. Structures shall be architecturally compatible and exterior colors shall be neutral or earth tone. Trim and architectural fixtures may consist of bright colors. 25. Prior to plan check applicant/property owner shall submit color sample and obtain paint permit from the Planning Division. 26. Prior to plan check, applicant property owner must submit a written request to the Planning Division for a new address. s 27. Address numbers for each tenant space shall be maintained at all times. Such address numbers shall be subject to approval of the Los Angeles County Fire Department. 28. Prior to the issuance of building permits the applicant shall pay Impact Fees totaling $4,387 per 1,000 square feet of building area to the Development Services Department, Planning Division per City of Lynwood Ordinance No 1574. 29. Prior to the issuance of building permits the applicant shall pay Art in Public Places Fees in the amount of 1.5 % per $100,000 project valuation to the Development Services Department, Planning Division or propose an art piece equivalent to the amount per City of Lynwood Ordinance No 1575. 30. All contractors working on the project site must obtain a City Business License prior to commencing any work. 31. The applicant shall secure refuse service from the City contracted company. 32. The applicant shall secure water service from the City of Lynwood. 33. All tenants shall obtain a Business License prior to signing lease agreements. 34. Proposed security measures (i.e. guard, dogs, alarms, barb wire, etc.) shall be reviewed by the Planning Division prior to implementation. 35. Applicant will work with City staff to establish loading and unloading hours of operation. 36. The applicant shall provide one trash can per entrance of each business. BUILDING AND SAFETY DIVISION 37. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. . The California Building Code - 2007 edition; • The California Plumbing Code - 2007 edition; The California Mechanical Code - 2007 edition; The Los Angeles County Fire Code - 2007 edition; • The National Electrical Code - 2005 edition; All as amended by the California Building Code of 2007. 6 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. 38. Applicant/property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. PUBLIC WORKS/ ENGINEERING DEPARTMENT 39. 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). 40. Construct new sidewalk, curb and gutter, drive approach(es) and required pavement along Elizabeth Avenue and Long Beach Boulevard. 41. Construct one (1) wheelchair ramp at N/E corner of Elizabeth Avenue and Long Beach Boulevard. 4Z. Construct four (4) foot wide planter to separate the sidewalk from the parking lot. 43. Install three (3) 36" box street trees per APWA 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 of the trees will be determined at the time the permit is issued. 44. Construct tree well covers per APWA standards for existing and proposed street trees. 45. Underground all new utilities. 46. All Edison vaults and structures shall be placed underground. 47. A permit from the Engineering Division is required for all off-site improvements. 48. All required water meters, meter service changes and/or fire protection lines shall be installed by the Developer. Each building shall be connected separately. The work shall be performed by 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 inch (1") in diameter shall be abandoned at the water main line per City instructions, each building/tenant shall have its own water service/meter. 49. 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 by the owner(s) and submitted to the Department of Public Works/Engineering Division. 50. This project may be subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the 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. 51. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. 52. Widen Elizabeth Avenue (5ft) and reconstruct pavement, curb, gutter, sidewalk and new drive approach per APWA Standards. Relocate pole, or underground utilities on Elizabeth Avenue. Remove public phone on Long Beach Boulevard and widen sidewalk to new property line. 53. Grind and overlay a minimum 1.5" (inches) from centerline to edge of gutter fronting the proposed development at Long Beach Boulevard, or enter into an agreement to reconstruct Long Beach Boulevard. 54. Install two (2) street marbelite poles with light fixture or install doble head parking lot lights on-site. 55. Relocate power pole or underground existing utilities at Elizabeth Avenue. 56. As part of the conditional use permit the developer shall post a bond in the amount of sixty two thousand four hundred seventy eight dollars ($62,478.00), or place a monitory deposit in the amount as indicated on the cost estimate dated 9/4/2008. s LOS ANGELES COUNTY FIRE DEPARTMENT 57. The required fire flow for this development is 1500 gallons per minute for 2 hours. The water mains in the street fronting this property must be capable of delivering this flow at 20 pounds per square inch residual pressure. 58. Install Public and/or On-site and/or 1 Verify or Upgrade 6"X4"X2 ~/z "fire hydrants, conforming to AWWA Standard C503-75 or approved. Equal. All installations must meet Fire Department specifications. Fire hydrant systems must be installed in accordance with the Utility Manual of Ordinance 7834 and all installations must be inspected and flow tested prior to final approval. 59. Flow test one existing fire hydrant located at the south each corner of the intersection of Long Beach Boulevard and Elizabeth Avenue. 60. Access is adequate as shown on the "Conceptual Site Plan" on file in this office. 61. Architectural drawings shall be submitted to Fire Prevention Engineering, which include all above noted conditions. Contact 323-890-4243, for additional Fire Department requirements during the Building Plan Check Phase. Section 4. A copy of Resolution No.3219 and its conditions shall be delivered to the applicant. APPROVED AND ADOPTED this 9th day of September, 2008, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: 9 e Jonathan Colin, Director Development Services Department Kenneth West, Chair Lynwood Planning Commission Douglas P. Haubert, Agency Attorney Planning Commission Counsel io