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HomeMy Public PortalAbout2007-01-09 PLANNING COMMISSION CONTINUATIONEngineering Associate Kekula replied the map is approximately 85% to 90% complete. There are minor issues and mistakes made by the Plaza Mexico surveyor when they initially submitted plans. He thinks it will take six to eight months for Plaza Mexico to complete the map. Applicant disagreed and added they will need a whole year to complete the process. Chair Castro-Ramirez asked what will be the impact if the map is not finished. Mr. Gomez replied they would have to close Plaza Mexico and start all over again. This would shut down all the businesses. He also wanted the Planning Commission to consider that Plaza Mexico brings a substantial amount in tax revenue to the City of Lynwood. Chair Castro Ramirez asked staff if the information was correct. Applicant replied Lumber Company is number one and Plaza Mexico is second. Development Services Manager Colin agreed but said he is not sure Plaza Mexico generates up to 50% tax revenue to the City. Chair Castro Ramirez asked the applicant if he prefers the one year extension but if he believes it could be done before. Applicant agreed that it could be done between six to eight months but would rather have a year extension to take advantage of the time. Commissioner Manlapaz asked if Plaza Mexico is proposing to construct more units. Project Civil Engineer Larry Larson 110 east Walnut Avenue Fullerton, replied Plaza Mexico would not change; the process is to clean up boundaries, parcels and easements. There were problems with the previous team in charge of Plaza Mexico Tentative Parcel Map and for that reason, the County is dedicating its toughest team to work on it and a new team has been assigned by the property owner to tackle this issue. He stated that the one year extension is a back stop and it could be done before so they don't have to come back before the Planning Commission again. Commissioner Younger commented if staff feels the project is 85% to 90% completed why the applicant needs a year extension. Applicant Larson replied they need a cushion for a worst case scenario in case LA County or the City of Lynwood has any more corrections. Chair Castro-Ramirez closed the public hearing. Chair Castro-Ramirez asked how long would it take for Plaza Mexico to complete the project. Engineering Associate Kekula replied it would take about two to three moths for the county to do the review but it depends on their staff. Vice Chair West asked if all previous Conditional Use Permits from Plaza Mexico are in compliance with the requirements of the City of Lynwood. Engineering Associate Kekula answered all conditions need to be met before the final map is recorded. Development Services Manager Colin asked if Vice Chair is referring to Plaza Mexico Sign. Inaudible. Chair Castro Ramirez asked if stafF could check if it is included on the conditions. Vice Chair West said it does not think six to eight months is going to be enough time and one year time period would work as a safety net. Chair Castro-Ramirez asked for a motion. Motion made by commissioner Manlapaz to follow staff recommendation for a six months extension dies for lack of a second. Motion by Commissioner Patel for anine-month time extension was seconded by Commissioner Castro-Ramirez. Chair Castro-Ramirez requested roll call. Development Services Manager Colin called roll and the motion to approve passed 5-0 with Commissioner Enciso excused. Castro Ramirez- Yes West- Yes Enciso- Abstain Manlapaz- Yes Patel- Yes Younger- Yes A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING A NINE MONTH TIME EXTENSION FOR TENTATIVE PARCEL MAP NO. 2004-03 (26625), TO CONSOLODATE MULTIPLE LOTS INTO FIVE (5) IN THE PLAZA MEXICO SHOPPING CENTERFOR PARCELS FOR PROPERTIES THAT ARE ROUGHLY BOUNDED BY IMPERIAL HIGWAY TO THE NORTH; THE I-105 (CENTURY FREEWAY) TO THE SOUTH; STATE STREET TO THE WEST; AND LONG BEACH BOULEVARD TO THE EAST. THE PROPERTIES ARE LOCATED IN THE CB-1 (CONTROLLED BUSINESS) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: Castro-Ramirez, Manlapaz, Patel, West & Younger NOES: ABSENT: ABSTAIN: Enciso CONTINUED REGULAR AGENDA NONE NEW REGULAR AGENDA NONE COMMISSION ORALS Commissioner Enciso returned. Chair Castro-Ramirez asked why counsel was not present. Development Services Interim Director Elliott said he had an extensive talk with the City Attorney in conjunction with the City Manager. The City Attorney said it is not necessary required for Counsel to be present in order for a meeting to take place at the Planning Commission level even at the City Council level. It's been a convenience to have Counsel present but at this particular time the City Attorney does not thinks is the best use of their time or City's money to have somebody sit at Planning Commission meetings unless there are items on the agenda that are controversial and it that instance an Attorney would be present, any question you may have pertaining to conduct would be handle by staff. Chair Castro Ramirez asked if the Planning Commission could have a meeting with the City Manager and the Mayor without having a quorum to discuss this specific issue. Chair Castro-Ramirez said she disagreed and it is necessary to have counsel present at all times. Chair Castro-Ramirez also added she would like to make sure the future Planning Commission has the necessary legal support. Vice Chair West added Counsel should be present and Counsel should not decide how to spend their time will be spent when its services are requested. He said he finds the statement made by the Counsel ridiculous as he pounded on the table with his fist. He stated he had never attended a Planning Commission meeting in all his years of service on the Planning Commission without a counsel present. He said the Planning Commission must have Counsel present at all times and it is not the Counsel or City Manager's privilege to decide the presence of Counsel. Chair Castro-Ramirez asked if a meeting could be scheduled. Development Services Interim Director Elliott replied he would schedule a meeting for the coming week. STAFF ORALS Development Services Interim Director Elliott said he is working on a code amendment that would allow churches in other zones as well as the residential zones. Chair Castro-Ramirez asked if the item would be presented at the December meeting. Development Services Interim Director Elliott replied it would be possible. ADJOURNMENT Motion was made by Commissioner Manlapaz, and second by Commissioner Patel. The meeting was adjourned at 8:30 pm. Lourdes Castro-Ramirez, Chairman Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Gabriel Elliott Raul F. Salinas, City Attorney Interim Development Services Director Planning Commission Counsel AGENDA ITEN9 # 8 CUP NO. 2007-18 DATE: December 11, 2007 TO: Honorable Chair and Members of the Planning Commission FROM: Gabriel Elliott, Director of Development Services BY: Jonathan Colin, Development Services Manager SUBJECT: CONDITIONAL USE PERMIT NO. 2007-18 3150 Imperial Highway, Building B-8, Units 106 & 107 Assessor Parcel Number 6171-001-007 APPLICANT: Byung Pil Lee Karaoke Box PROPOSAL The applicant is requesting approval to operate a karaoke booths business on property located at 3150 Imperial Highway, Building B-8 Units, 106 & 107 in the CB-1 (Controlled Business) zone. BACKGROUND The subject property is located within the Plaza Mexico shopping center on the south side of Imperial Highway between Long Beach Boulevard and State Street. Plaza Mexico totals approximately thirty-six (36) acres in area and is comprised of six (6) parcels. Building B-8 totals 31,414 square feet in area, is two-stories in height, and is located immediately south of the main entrance and east of the multiple-tenant retail building (Marketplace). ANALYSIS & DISCUSSION The Lynwood Municipal Code (LMC) Appendix A requires arcade business in the CB-1 (Controlled Business) zone to obtain approval of a conditional use permit. Ordinance No.1150 requires a Conditional Use Permit for four (4) amusement machines or more, and prohibits the establishment of an amusement arcade within 500 feet of any other amusement arcade. In January 1990, the Lynwood Planning Commission approved Resolution 2308 allowing the operation of a multi-tenant retail shopping mall at 3100 Imperial Highway. Condition No. 16 (h) of Resolution 2308 prohibited a video arcade in the multi-retail tenant center. -i- On August 21, 1991, the Lynwood Planning Commission approved Resolution 2404 approving the inclusion of a video arcade at the shopping center subject to conditions of approval. Condition #8 of Resolution 2404 indicates that °No amusement arcade shall be located closer than five hundred (500) feet from any public or private school, or from another amusement arcade". The proposed karaoke booths business is located within five (500) feet of another video arcade. Wild Zone Arcade, which is located within 300 linear feet from the proposed site, is currently licensed and operates fifteen (15) video game machines, six (6) coin operated machines, and five (5) pool tables. Lynwood Municipal Code Section 25.130.050 sets forth five (5) findings the Planning Commission must make in order to grant a conditional use permit. Following are the findings in bold, and staff responses. A. That the proposed Conditional Use is consistent with the General Plan The General Plan Designation for the subject property is Commercial which is consistent with the CB-1 zoning designation. Resolution 2404 prohibits the operation of an amusement arcade closer than five hundred (500) feet from another amusement arcade. 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 CB-1 zone and would satisfy all development standards to include but not be limited to setbacks, building height, landscaping and parking; however, the proposed business is located within five hundred (500) feet of another amusement arcade. Resolution 2404 and Ordinance 1150 prohibit the operation of an amusement arcade closer than five hundred (500) feet from another amusement arcade. 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. however, the proposed business is located within five hundred (500) feet of another amusement arcade. Resolution 2404 and Ordinance 1150 prohibit the operation of an amusement arcade closer than five hundred (500) feet from another amusement arcade. -2- D. That the proposed conditional use complies with all applicable development standards of the zoning district; and The project would comply with all development standards set forth in the LMC. However, the proposed business is located within five hundred (500) feet of another amusement arcade. Resolution 2404 and Ordinance 1150 prohibit the operation of an amusement arcade closer than five hundred (500) feet from another amusement arcade. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The proposed business is located within five hundred (500) feet of another amusement arcade. Resolution 2404 and Ordinance 1150 prohibit the operation of an amusement arcade closer than five hundred (500) feet from another amusement arcade. ENVYRONMENTAL REVIEW The Development Services Department has determined that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) guidelines pursuant to Sections 15301(a). RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 3195 denying Conditional Use Permit No. 2007-18. Attachments: 1. Project Profile 2. Location Map 3. Resolution 3195 4. Plans 5. Resolution 2308 6. Resolution 2404 -3- Q 1 It~~~ ~~~' r°v III I I~e~"~ I~~~ ~ 3 ~ v I ~ ~' ~a ~~ \- ~ .,` o ~ ~ ov C 5 u '~ ~' ~ 5 ~, ~~.e ~ A e~ec~ S © v' v ~ ~ © ( ~ ~~. ~ r K ~~ ~ . ~' w ~ -~_~~I~~~ ~ e~ T~ n ~ ~r a~ ~~ ~ ~ ~, w 0 I ~ ~ I i ~~ ~ ~ ~~ ~ ~ ~~_ ~ ~ ~ ~~ ~ ~.. i ~ \ \ k A Ol e n y . ~: O \ ~/ ` \ JAI JI_ r G; 5 o- ~ ~ ~~- O ~ \~ ~~~ ~ „ po ~ t F ~~~ ~ , <. 2A'"~~® '.._ ~ lY`~ ~® 1 `, ~m2 a."+ , sp .~~ f y~ 3~ ~ ® ~ Vh e~ ~,s~ ~ ~ ~~ ~, ~T~RY ~ ~ g 41~'C.. ~~ ~ h ~ ~ Qt ~ r \ C~' F ~fh~ 1 ~A r i Da S ~T\f\~//z /'t^' p Nis ~'',\c / " - / 1 ' 1( }w, ~ \\ a ~ ~ ~ ~~ q ~ - ~, \7 ~M rj~ ~ ~ ~ ~ r v I i v .~ s.,~~ipA ,,, '~ ,~~~.- fl,,~_ __ ~_ ° r.Ka~~, e ..~ ~_ I~ 1~ ~~ _ _ ___ _ ~u L ~~ W I O O N w a U O A 3 •ri N x v a r-~ N ro ~ "~ ''~ s+ w ~ r R. 00 ^~ H ~ o O W ti M ci ~- ~ c 0 0 z a U 7 ~ ~ ~j !J] 4 0 0 RESOLUTION 3195 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD DENYING CONDITIONAL USE PERMIT NO. 2007-18 IN CONJUNCTION WITH THE OPERATION OF AN AMUSEMENT ARCADE ON PROPERTY LOCATED AT 3150 IMPERIAL HIGHWAY , BUILDING B-8, UNITS 106 & 107 IN THE CB-1 (CONTROLLED BUSINESS) ZONE, FURHTER DESCRIBED AS ASSESSOR PARCEL NUMBER 6171- 001-007, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on December 11, 2007 conducted a public hearing; and WHEREAS, the Lynwood Planning Commission, considered all pertinent testimony offered at the pulbic hearing; and WHEREAS, the Development Services Department has Lynwood Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Service Department has determined that the proposal is categorically exempt from the provisions set forth in the California Envorionmental Quality Act (CEQA) Guideliness pursuant to Section 15301 (a); therefore Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. The project does not provide minimum distance from another amusement arcade as set forth by resolution 2404. B. Ordinance 1150 prohibits the establishment of an amusement arcade within five hundred (500) feet from any other amusement arcade. C. Granting the conditional use permit will not be consistent with the spirit and intent of the Zoning Code; the proposed amusement arcade is located whintin less than five hundred (500) feet from another amusement arcade. ( \Documenls and SeuingeAjcollnV.ly Danimen~sVCUVSAIiavos4eso~195DenyNoAtmmey.doe D. Approval of the conditional user permit grants privileges that are not possessed by other properties in the same vicinity and zone. E. The conditional use permit is not consistent with the General Plan of the- City of Lynwood. F. Granting the conditional use permit may be detrimental to the pulbic welfare and injurious to properties and improvements in the vicinity. G. The project cannot satisfy the five (5) findings required for the Planning Commission to approve a Conditional Use Permit as set forth in Lynwood Municipal Code Section 25.130.050. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby denies Conditional Use Permit No. 2007-14. ADOPTED and DENIED this 11th day of December, 2007 by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Lourdes Castro-Ramirez, Chair Lynwood Planning Commission APPROVED AS TO CONTENT: Gabriel Elliott, Interim Director z PROJECT PROFILE Conditional Use Permit No. 2007-18 3150 Imperial Highway, Building B-B, Units 106 & 107 _ Assessor Parcel Number 6171-001-007 1. Source and Authority Lynwood Municipal Code (LMC) Section 25-25.10 sets forth permitted uses in commercial zones; Appendix A sets forth permitted uses in commercial zones and LMC Section 25.130.050 sets forth findings for approval of a Conditional Use Permit. 2. Property Location and Size The subject property is located within the Plaza Mexico shopping center on the south side of Imperial Highway between Long Beach Boulevard and State Street. Plaza Mexico totals approximately thirty-six (36) acres in area and is comprised of six (6) parcels. Building B-8 totals 31,414 square feet in area, is two-stories in height, and is located immediately south of the main entrance and east of the multiple-tenant retail building (Marketplace). 3. Existing Land Uses Site Developed North: Commercial South: Freeway West: Industrial East: Commercial 4. Land Use Designation The subject parcel has a General Plan Designation of Commercial that is consistent with the CB-1 (Controlled Business) zoning. The adjacent properties General Plan and .Zoning designations are as follows: Site General Plan Zonino North: Commercial C-3 (Heavy Commercial) South: Freeway West: Manufacturing M (Manufacturing) -4- East: Commercial C-2 (Light Commercial) 5. Site Plan Review The Site Plan Review Comm_itte_e has reviewed the project and recommended denial. 6. Code Enforcement History No code enforcement case to date. 7. Public Response None of record at the time of this report. -5- RESOLUTION NO. 2308 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 31 FOR THE OPERATION OF A MULTI- TENANT RE'PAIL SHOPPING MALL AT 3100 IMPERIAL FIIGHWAY ZN THE CB-1 (CONTROLLED BUSINESS) ZONE, LYN[VOOD, CALIFORNIA, 90262 [9HEI2EAS, the Lynwood Planning Commission, pursuant to law, conducted a public hearing on the subject application; and WHEREAS, the Planning Commission, considered all pertinent testimony offered at the public hearing; and WHEREAS, the Community Development Director has determined that the proposal will not have a negative effect on the environ- ment, and has therefore declared a Negative Declaration for the project; and WHEREAS, a Conditional Use Permit is required for development of a Multi-Tenant Retail outlet in a CB-1 (Controlled Business) zone. Section 1 The Planning Commission hereby finds and deter- mines as follows: A• The site of the proposed use is adequate in size and shape to accommodate the structures, parking, walls, landscaping, driveways and other development features required by the Official Zoning Ordinance. B• The structures, as proposed, subject to conditions, will not have a negative effect on the values of surrounding properties or interfere with or endanger the public, health, safety, or welfare. C• The site will be developed pursuant to the current zoning regulations and site plan submitted and approved by the Site Plan Review Committee. D• The granting of the Conditional Use Permit will not adversely affect the General Plan. E• The proposed development will aid in esthetically upgrading the area and will act as a catalyst in fostering other quality Commercial developments. Section 2 The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby following conditionsaare observed andCCOmp ied with atoald tdimese di slc6l : cup31 1 1• The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, the Uniform Bu i.lding code and the Fire code. '~ Any proposed subsequent modification of the subject site or structures thereon or increase number. of vendor/vendor space or reduction in square feet of any booth size, shall first be reported to the Community Development Department, Planning Division, for review of said Conditional Use Permit. 7. The applicant shall meet the requirements of all other City Departments. 4. The applicant and/or his representative shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of any building permits. REDEVF, LOPMENT DIVISION ~• Uses shall be in accordance with the map on file in the Community Development Department except as approved by the Director of Community Development. ~~ At least one (1) off-street loading space shall be provided and comply with the following provisions: a. The minimum dimension shall be not less than fourteen (14') feet in width by 25 feet in length. b. All loading spaces shall have an unobstructed height of not less than 14 feet. c. All loading and unloading shall be accomplished out of the public right-of-way in adequate reserved loading areas on the premises. ~~• Seven (7$) percent of the gross lot area shall be landscaped. a. Such landscaping shall be maintained and an automatic sprinkler system shall be installed. Said landscape plan including proposed plant material shall be approved by the Planning Division. b. All areas not occupied by buildings, parking spaces, or approved walkways shall be landscaped with a mixture of ground cover, trees, and shrubs. 8. A Dev lopmenta Division pr bor to pinsta llationthe Economic D• No sign cabinets or sign cans, with or without internal illumination, shall be used. 9. The center shall be equipped with a burglar alarm and public address system. Applicant must also provide a full security plan to be submitted to and approved by the Community Development Department and the Lynwood Redevelopment Agency Dlvd. Without this approval the certificate of occupancy will not be issued. The tenants wil l__therefore not be able to occupy the building. disk6l:cup31 10. All uses are to be conducted indoors, exclusively, except for eating areas and flower and plant sales where approved by Conditional Use Permit. 11. Area of Vendor Space. The minimum floor area of each vendor space shall be four hundred (4oD) square feet or as indicated on a plan approved by the Community Development Uepartment. 12. Number of Vendors per space. There shall be no more than one (1) business licensed issued per vendor space. - 13.- Uses to be kept within spaces, indicated in final floor plans reflecting the CUP conditions of approval as approved by the Community Development department. 14. All vendors are to sell at retail and the use of a cash register is required. 15. Authority to sell. Each vendor shall have receipts or other evidence of legal ownership or authority to sell those items which are dis- played for sale. The Director of Community Development may initiate quarterly audits of vendors sales records in the Lynwood Market place cost of which shall be carried by the market place management. 16. Prohibited items. It is unlawful for any person to sell, exchange, barter, or trade the following items of personal property at a multi- tenant retail center: a. Used property, other than items which may be sold at an antique store~~ as defined in Section 25-2 of this code. b. Firearms, ammunition, explosives, fireworks, or other weaponry. c- Any item of personal property from which the serial number or identifying number had been removed. d• Any item of personal property which requires a special permit from the City of Lynwood, County of Los Angeles, State of California, or other government body when such permit had not been obtained and displayed in the vendor sales area. e• Any item of personal property whose sale is prohibited by lacu or is not permitted at the location of the vendor sales area. f. Alcoholic beverages except for on-site consumption within bona-fide restaurants. 4• Auto parts, oil or similar fluids, hubcaps, wheels, batteries, or tires. h• Video Arcades. disk6l:cup31 3 J 17. 1. Plan Revision A. Plan Numbering system 1• All vendor spaces on Ground Floor Plans and Second Floor Plans must be numbered for identification purposes, B• Ground Floor Plan 1~ Eliminate proposed 512 square foot Video Arcade from the Ground Floor Plan (See Condition 16.h. 2• Combine children Books Vendor space, 248 square feet in size, with Hosiery vendor space, 224 square _ _ _ __ feet in size, into one vendor area space 472 square - feet in size. 3 Insure that separate restroom facilities accessible to the handicap are shown on the Ground Floor Plan (See Condition No. 23)• C• Second Floor Plan 1• Eliminate proposed 536 square foot and 678 square foot Video Arcade from the Second Floor Plan (See Condition 16.h.), 2• Combine 392 Square Foot Car Stereo vendor area with the 192 square foot a Pharmacy Vendor Area into a 584 square foot vendor area space. 3• Combine the 200 square foot coffee Shop with the 472 square foot Pizza (shop) into a G72 square foot vendor area space. 4. Insure that separate restroom facilities accessible to the handicap, are shown on the Second Floor Plan (See Condition No. 23)_ 5• Provide eating and resting areas with the appropriate furniture which do not impede the flow of traffic through the aisles. 17, 2. Interior design. Interior area shall be uniformly designed with colored elevations and a signage program, to be approved by the Director of Community Development or his/her desi The certificate of occupancy will not be issued without said a gnee. for i npe riors Building permits shall also be obtained Colors, construction, where required by Code. textures, and materials used shall be consistent in all vendor spaces and aisle areas. 18• Walls. Vendor spaces shall be constructed of solid walls and built according to architectural drawing using wood or glass ;s brdi ck ndodryo then taped, textured, and painted; permanent buildin material generally used for type gatin g construction. Specifically, scissor- similar ma ter P gboard, wire fencing, metal grating, or spaces. shall not be used to separa te_-.vendor d.i sktil:cup31 4 19. Door and gates. materialpaalldoors shall be of solid wood, metal or glass of the wa painted, and roll up or otherwise fold out chain link fencing may notsbehours. Scissors gates and All vendor space doors shallsed to close vendor s within each multiple-tenant reta be center.e uniform pt ype 20. Interior finish, All walls, ceiling, and floors in lobbies, vendor spaces, and aisle areas shall be freshly painted or sandblasted, of new material, or otherwise in a newly finished condition prior to the issuance of an. occupancy permit. ?.1. Furnishings. and furniture es shall have permanently mounted fixtures malls oxs'ld elar to that found in large fashion and ma' partment stores. No folding tables or chairs or residential lawn ghtweight shall be used in any vendor space. furniture 22. Aisles. Aisles shall be eight (8 ~) feet in width, and may not be used to display merchandise or to locate furniture. Provide for eating/resting areas outside of the aisle on both floors specifically in the vicinity of the food booth on the second floor. 23. Restrooms. Separate restroom facilities for men and women shall be provided on the premises and be open to the public, free of charge. These facilities shall be made accessible to the handicapped, and shall be located on the first and second floor. 2A. ~ Noise control. No loudspeaker or sound equipment shall be used in multiple tenant retail center or in thereof which can b a e heard fro any vendor space premises or from a m exterior areas of the sidewalks. djacent property including public 75. Business hours. Each multiple tenant retail center shall be open to conduct .business a minimum of four (4) days a week, at least five (5) hours per day. The hours of operation shall be restricted to those between 7:00 a.m. and 9:00 P~m•, except bona-fide restaurants within the center. The hours of operation may be extended by the Communit Development Director or his/her desi nee u circumstances evidence y submitted b In a written report nd eer special y the permit applicant, P Pared and disk6l:cup31 26. Inspection. The vendor sales area and other area of the multi-tenant retail center which are open to the public shall be subject to reasonable inspection by City staff and other officials at all times. No operator or vendor shall restrict such inspections. A copy of the vendors lease agreement must be in the vendors space at all times. 27• Insurance. Operators of multi-tenant retail centers shall procure and maintain a policy of public liability and property insurance providing for a combined single limit of protection per accident for with such insurance company as-meets with the approval of the City Attorney. A certificate of insurance shall be provided to the City in such form as requested by the City Attorney. z~• Commercial services. operators of Multi-tenant retail centers are, at all times, hel d responsible for the proper disposal of all trash as well as the centers upkeep. Z~• It is unlawful for an or corporation to operatera omul Pa rt enant lretailacenteroin the City of Lynwood unless a business license has been issued by the Office of the City Clerk, and business license fee established by ordinance or resolution of the City Council has been paid. Each vendor within the retail center is required to apply for a business license. 30. Special permit required. No person, partnership, corporation, or organization shall operate the business of multi-tenant retail center in the City of Lynwood without first obtaining a special permit in accordance with Section 17.75 of the Lynwood Municipal code and paying the established permit fee. 3L Upon receipt of an a multi-tenant retail poente rlo the rshe ri ff'sl Department shall proceed to investigate the matters set forth therein, including the character of the applicant and the character of the persons who will be directly managing the multi-tenant retail center. 32.(1) Transferability of license and special permit. The business license and special permit required for the operation of a multi-tenant retail center are not transferable to any other person, partnership, or organization. They are personal to the applicant and shall terminate upon request of the subject multi-tenant retail center. If the license and the permit are held by a corporate or organizational entity they shall terminate upon a transfer of the majority interest in said corporation or organization. diskGl:cup31 32.(2) Vendor lease provisions. The operator shall caus the vendors' leases or enforce such provisions violation. 33 34 e the following to be included in subleases and shall vigorously by eviction remedies for a single a. Vendor's obligations. Violation of the following items a through h shall be considered a default and major breach of this lease, remedial by eviction of violator. b• Each vendor shall, at all times during operation, have an operable cash register at the sales area which is capable of., and does, record each sales transaction. The vendor shall maintain the record of sales transactions with numerical sequence of receipts recorded by such cash registers for a period of one year. The vendor shall permit inspection of such register records by the City of Lynwood, or its authorized agent. c~ The vendor shall comply at all times with the California law regarding collection and payment of sales taxes for each sales transaction, and designate its location in the City of Lynwood as the point of sale for each transaction which is in whole or part nego ti.ated at the vendor's sales area. The vendor shall issue to its customers a sales receipt for every transaction conducted. ci. The vendor shall submit to the City of Lynwood legible copies of its quarterly Board of Equalization sales tax returns. e. The vendor shall obtain and maintain, on display in its sales area, available for inspection by any person, a business license issued by the City of Lynwood, the Board of Equalization permit issued by the State of California, and any other pe nni t, including but not limited to a health permit, special use permit or fire permit which may be required by the City of Lynwood, the County of Los Angeles, or the State of California for the operation of the vendor's specific type of business. f• The vendor is required to accept for return defective merchandise from customers. 4. 'Phe vendor has been given copies of the Conditions of Approval contained herein, has read and understood them, and will comply with his/her obligations as listed above, and with the conditions contained in the Special Permit issued by the City of Lynwood to the Operator. The operator shall submit to the Director of Community Development a copy of each vendors lease agreement for review and files. Lease must all be submitted to approval of vendors business license applications. A trash enclosure must be located on the rear portion of the property in such a manner as to be accessible to refuse collection vehicles. disk6l:cup31 - 3'• Small trash containers must - throughout the center for customer us es picuously located J6. Violations; Misdemeanor. A violation of the conditions is a misdemeanor punishable as provided in Section 1-8 of the Lynwood Municipal Code and other violations are punishable as provided in Section 21667 of the Business and Professions Code and/or Section 496 of the California Penal Code. attachment) (See PLANNING DIVISION 37• The Conditional Use Permit shall lapse and become void one hundred and twenty (120) days from the date on which the Conditional Use Permit was granted, unles s all conditions of said permit are met and either a building permit or business license is issued. if none of the above occur, an extension request must be received by the community Development Department prior to the expiration date. ' This permit shall become void one hundred and twenty (120) days after the use permitted has been abandoned or has ceased to be actively exercised. 38. The applicant shall contact the U.S. Post Office main office) to establish the location of (Lynwood serving the proposed development. mail boxes 39• Landsca in P g and irrigation shall be installed in accordance with a detailed plan to be submitted and approved by the Planning Division prior to issuance of any building permits. 40. The minimum combined with plant material shall be trees and shrubs ground cover as follows: One (1) five 5 gallon shrub for each 100 square feet of landscape area and two (2) fifteen (15) gallon trees for each 500 square feet of landscaped area. 41. The required front, landsca e rear, and side yards shall be p d and shall consist predominately of plant materials except for necessary walks, drives and fences. 42. Prior to the installation or construction of an wall, the property owner shall obtain a y masonry submit the following information to pt rmit for and Division: he Planning a. Simple plot plan showing the location of the masonry wall in relation to property lines, lengths, proposed materials, and openings or gates to provide access for vehicles, and pedestrians. disk6l:cup31 B _; b. For masonry walls (as defined in subsection 25.2.1) a building permit shall be applied for in addition tc the plot plan described above. All masonry walls of any height shall meet the requirements for masonry construction as defined in Chapter 24 of the Unified Building Code. A fee based on the valuation of .the proposed construction shall be paid to the Building Department. c• All Masonry walls shall be required to maintain adequate pedestrian access for the purpose of safety and convenience. A thirty-six ~(36) inch or three foot clear gate or opening shall be provided to all enclosures for pedestrian and wheelchair access-. - _ Pedestrian .and vehicular access shall be provided separately. d• All masonry walls shall be required to be installed with a finished, aesthetically pleasing side facing out towarY adjacent properties or the public right-of-wa 43• Section 25-35. 4 Additional Conditions The Planning commission may impose such conditions as it may deem necessary to effect the purposes of this ordinance, either upon approval of a Conditional Use Permit or upon future review. 44. Air conditioners, swimmin heating, cooling ventilation equipment, g pool pumps and heaters and all other mechanical devices shall be located within the rear yard or street side yard of a corner lot. Such equipment shall be screened from surrounding properties and streets and so operated that they do not disturb the peace, quiet and comfort of neighboring uses, in accordance with the city~s Noise Ordinance. 45. Any violation of said conditions result in revocation or modification to~f sthe sCOnditional meet pngmit by the issuing body at a regularly scheduled `'6• The followin im after Mont g provem ents shall commence one (1) week completion go mery Wards has vacated the building and tenant occu anc the improvements shall occur prior to P y of the building. All improvements shall be consistent withthe rendering submitted to the Community Development Department as part of Phase I operations. Interior Im rovements• Interior improvements including a new floor design, erection of new columns to define tenant spaces, and traffic isles, construction of new continuous fascia panels for tenants, remodeling of the existing ceiling including a new luminous ceiling, the construction of a protective glass railing at the second floor level around existing escalators to install a new skylight and the modification of interior lighting as needed. diskG L• cup31 Exterior Improvementa• -, Exterior improvements including tho construction of a new arch-way entrance with reflective glass in extruded aluminum frame, the repainting of existing concrete block walls and structures including metal siding on the second floor and metal roofing, the erection of an electronic message board and sign for the business to be located on the building. Site Improvements . Site improvements shall include modification of the existing parking lot, improvement of the existing landscaping, improvement of the exterior lighting and erection of a freestanding-business-sign. 47• The following improvements shall commence within two and a half (2 1/2) years of approval of the Conditional Use Permit and be completed within four (4) years from the issuance of building permits from the City~s Building Division. All improvements shall be consistent with the rendering submitted to the Community Development Department as part of Phase II operations. The exterior wall shall be improved with reflective. glass in extruded aluminum frame storefront additions with false columns. Decorative lighting shall be added to each false column. A new canopy shall be constructed as indicated on the proposed plans. The following improvements shall commence within four and a half (9 1/2) years of approval of the Conditional Use permit and be completed within three (3) months from the issuance of building permits. All improvements shall be consistent with the rendering submitted to the Community Development Department as part of Phase III operations. The completion of the installation of reflective glass in extruded aluminum frames to be installed on the second floor and remaining exterior walls. The development of a Family Recreation Area to be located as indicated on the proposed plans. 48- ~ The applicant shall submit to the Community Development Department, a traffic analysis for the proposed project which will at a minimum include, a description of existing traffic counts, estimated traffic counts to be. generated by the project, any traffic related problems associated with the project and mitigation measures to alleviate such problems. The cost of mitigating any traffic problems generated by the development shall be borne by the applicant. disk6l:cup31 ].0 DUILDING DEPARTMENT '9• All plans required to be submitted for a the requirements of the 1985 editionp of vthew Uniform Building Code, Plumbing, and Mechanical Code, as well as the 1987 Edition of the National Elect? is Code if submitted before December 31, 1989. Zf submitted after December 31, 1989, plans must meet the Building, Plumbing, and Mechanical Codes with California Amendments. 50• All plans Yor this building for tenant s aces, and use, shall be done in conformance with the Uniform Huilding code, Chapter 7 (Appendix), Division 1, for _ _ _ _ _ _ _ Covered Mall. Buildi ngs, 1985 Edition (before Dec. 31, 1989) or Chapter 56, Covered Mall Buildings, 1988 Edition of the Uniform Building Code (after December 31, 1989). 51. Restroom facilities must conform to Uniform Bu i.l din Plumbing codes, as well as Health Department regulations due to the expansion of use for Multiple Tenant usage. FIRE DIVISION 52. Calculate occupant loads for each floor and show that exit capacity can accommodate the occupant load. Also travel distance to anexit shall not be greater than 150 feet. 53. Occupancies where cooking equipment is installed that emit grease laden vapors must provide an automatic fire extinguishing system in addition to the required portable extinguisher. S~Y• Provide a 2A F'i re Extinguisher within 75 feet travel dis- tance of any point in building. In addition a 2A-10BC extinguisher is required within 50 feet of any electrical/mechanical equipment. Multi-purpose extinguishers may be provided. 55. All automatic fire extinguishing systems and supervisory equipment attached to those systems are required to be serviced every five (5) years. The sprinkler system at 3100 Imperial is due for service in Fall 1990. This service shall be performed by a licensed contractor (C-1G License), The contractor shall contact the Fire Department prior to servicing the systems. A report of the service shall be provided to the Fire Department. 56• Provide exit signs and emer enc are clearly visible from allg areasl fighting so that exits by walls surrounding the vendor's enclosed areaobstructed d.isk6l:cup31 11 PU BiSC WORKS/F.NGINEFRING DIVISION 57• Provide documentation that lots were legally tied to composing the property gether to the satisfac t.i on of the doouments~ the fDepartment`aof Public Works my trequi ~e the submission and recordation of a parcel map or l.ot merger. 58~ Dedicate a ten ft. Fernwood Avenue and 5(10 ) wide strip of property along ft. on Apricot Street. 59; Dedicate re state Street gand Fe nwood rAvenue the Northeast corner of 60 61 G2, 63. 64. 65. 66. 67. 68. 69 . 70. 71. 72. 73. disk6l:cup31 Construct new sidewalk, -curb and gutter, drive approach(es) and required pavement along Fernwood Avenue. Reconstruct damaged sidewalk, curb/gutter, drive approach(es) and pavement along State St., Imperial Hwy., Peach St., Beechwood Ave., Apricot Ave., and Grape Ave. Close existing drive approach and construct proposed drive approach(es) Per City standards. Construct wheelchair ramp(s) at all the alley type entrances to the property and at the Southwest corner of Peach St, and Beechwood Avenue. Construct five foot wide planter to separate the sidewalk from the parking lot along Fernwood Avenue. Install 24" box street trees per City of Lynwood standards along Fernwood, State St., Peach Ave. and Beechwood Ave. Construct tree well covers per City of Lynwood standards for existing and proposed street trees. A permit from the Engineering Division is required for all off-site improvements. All required water meters, meter services changes and/or fire protection lines shall be installed by the developer. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Public Works/Engineering Division prior to performing any work. Trim all of the on-site trees overhanging public property. Prepare and submit a traffic -impact engineering study completed by a City approved Engineering firm. Based on the results of this survey the city will vacate street(s) and require closure of drive approaches and streets. Prepare a street improvement plan for widening of Fernwood Avenue and for street closures as referenced in item 73. Closure of drive approaches and streets as required as referenced in item 73. _. _... Proponent will pay for the title report and ees in conj w~ction with st r. eet dedications, all related 12 ~~• Restripe pavement markings in thermoplastic and replace missing pavement markers as required by the Engineering Division. 75. Vacate Grape Street. Section 3 A copy of Resolution No. ?308 shall be delivered to the applicant. APPROVED AND ADOPTED this 9th day of January, 1990, by members of the Planning Commission voting as follows: AYES: Commissioners Dove, Cole-Dennis, McMiller, Muhsin, Pryor, Willis NOES: None ABSENT: Commissioner Haynes ABSTAIN:, None Donald Dove, Chair n APPROVED A TO CONTENT: /-~ ~ ~~ Kennc7F Karefa-Johnson, Acting Di rec or Community Development Department APPROVED AS TO FORM: 6 (it/ti ~___ ou as D. B es Deputy City torney disk6l:cup31 13 ~ ~~ RESOLUTION NO. 2404 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL US F, PERMIT NO. 91 FOR THE INCLUSION OF A VIDEO ARCADE IN AN EXISTING MULTI-RETAIL CENTER AT 3100 E. IMPERIAL HIGHWAY ZN THE CB-1 (CONTROLLED BUSINESS) ZONE, LYNWOOD, CALIFORNIA, 90262 WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public hearing on the subject application; and WHEREAS, the Planning Commission, considered all pertinent _ __ _. testimony _offered at the public hearing; and WHEREAS, Condition No. 16.h of resolution number 2307 under C.U.P. 31 prohibited a video arcade use in the multi-tenant retail center; and WHEREAS, the Community Development Director has determined that the addition of a video arcade will not have a negative effect on the environment, and on the existing use, and has therefore declared a Negative Declaration for the project; and WHEREAS, This Resolution will supercede condition 16.h in Resolution"2307 and allow for the inclusion of such use; and WHEREAS, a Conditional Use Permit is required for development of a video arcade in any commercial Zone. Section 1. The Planning Commission hereby finds and determines as follows: A. The site of the proposed use is adequate in size and shape to accommodate the structures, parking, walls, landscaping, driveways and other development features required by the Official Zoninq Ordinance. B. The structures, as proposed, subject to conditions, will not have a negative effect on the values of surrounding properties or interfere with or endanger the public, health, safety, or welfare. C. The site will be developed pursuant to the current zoning regulations and site plan submitted and reviewed by the Project Review Board. D. The granting of the Conditional Use Permit will not adversely affect the General Plan Section 2. The Planning Commission of the City of liynwood, based upon the aforementioned findings and determinations, hereby approves Conditional Use Permit, Case No. 91, provided the following conditions are observed and complied with at all times. disk92:RES02.04 1 r~ COMMUNITY DEVELOPMENT DEPARTMENT General 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, the Uniform Building Code and the Uniform Fire Code. 2. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to-the Community Development Department, Planning Division, for review. 3. The applicant and/or his representative shall sign a Statement of Acceptance stating that he/she has read, understands, and-agrees to all-conditions of this resolution prior to issuance of any building permits. REDEVELOPMENT DIVISION 4. Signage for the video arcade must be consistent with the other vendors in the Marketplace. 5. Numeration of booth for video arcade must be in proper sequence as has been established. 5. A business license must be applied for on a form provided by the City Clerk. The application for business license shall provide and contain the following information: (a) The name and address of the establishment. (b) The name and address of the owners, partners or corporate officers of the establishment. (c) The number of amusement devices to be placed at the establishment and serial number of each machine. (d) The name and address of the distributor or supplier of the arcade devices. (e) A statement setting forth any arrests or convictions of the owners, partners, or corporated officers of the establishment for crimes involving minors within the past ten (10) years. Arrests or convictions may be cause for denial or revocation of an application or license. (f) Such other information as may be required by the City Clerk or other cCity divisions for determination of the applicant's qualifications for a license. (g) Upon the filing of such application and the payment of the appropriate fee, the City Clerk shall cause the application to be forwarded to the Community Development Department. 7. Amusement Devices-Fees. Licensee shall pay an annual fee per amusement machine. The amount of license fees and any other fees to be paid. to the City shall be established by resolution of the City Council. OISK97.:FES02400 2 No amusement arcade shall be located closer than five hundred (500) feet from any public or private school, or from another amusement arcade. At least one (1) Security Guard shall be present during all hours of operation. Such attendeant/supervisor shall be stationed within the arcade and must have direct visibility over all machines. 10. All machines whether located in an amusement arcade or not shall be subject to restrictions on use by minors under age eighteen (18). When school is in session, no minor may use amusement devices before 3:00 p.m. or after 10:00 p.m. on day preceding a-school day, unless accompanied by a parent or guardian. Persons under eighteen (1S) years of age may remain in, enter, or visit such amusement arcades until midnight on Fridays, Saturdays, or other days not preceding school days. 11. Where an amusement arcade is maintained in a structure in which other business activities are conducted, the arcade area shall be separated by a partition or other means in such a manner to facilitate enforcement of the arcade restrictions contained herein. 12. All locations shall have accessible and adequate off-street parking facilities for automobiles, bicycles, and other modes of transportation. The business frontage shall be free of obstruction so as to permit clear visibility from the sidewalk street, and/or aisles. Bicycle racks shall not be located in any required landscaped areas, entrances, exits, walkway to buildings, driveways within any legally required parking space or in such a fashion as to obstruct any entrance or exit to any premises. 13. The owner of operator shall display signs prohibiting gambling on the premises. disk9L RESa2Ga4 Section 3. A copy of Resolution No. 2400~~~s hall be de livered to the applicant, APPROVED AND ADO PIED this 13 t1i day of August, 1991, by members of the Planning Commission voting as follows: AYES: Baynes, Dove, Lee, Proyor, hlushin, McMiller NOES: ABSENT: Dixon ABSTAIN: ~ !~ ~ _ l ohn I.~Hayne Ch irman APPROV^ TO CONTENT: Kenr' k Karefa-Johnson, Director Community Development Department disk92:RE5o2400 APPROVED AS TO FORM: oug D. Barn ~ `-' Deputy City Att ey 7 AGENDA ITEM # 9 CUP NO. 2007-19 VAR NO. 2007-06 ZC NO. 2007-02 DATE: December il, 2007 TO: Honorable Chair and Members of the Planning Commission FROM: Gabriel Elliott, Director of Development Services BY: Jonathan Colin, Development Services Manager SUBJECT: CONDITIONAL USE PERMIT NO. 2007-19, Variance 2007-06 and Zone Chance 2007-02 3791 Martin Luther King Jr. Blvd Assessor Parcel Number 6173-020-015 APPLICANT: David Taban PROPOSAL The applicant is requesting approval to develop a 4,140 square-foot one-story commercial retail building on property located at 3791 Martin Luther King Jr. Boulevard, Assessor Parcel Number 6194-005-027 in the CB-1(Controlled Business District) zone. BACKGROUND The subject property totals 12,607 square feet in area, and is located in the CB-1 (Controlled Business District) zone. The subject property is developed with a 1,525 square-foot building that will be demolished, and will be replaced by a 4,140 square foot, one-story commercial building with two restrooms and nineteen (19) parking stalls. ANALYSIS & DISCUSSION OF CONDITIONAL USE PERMIT The applicant is requesting to change the zoning designation from CB-1 (Planned Business District) zone to C-3 (Heavy-Commercial), and a Variance to reduce the rear setback from five feet (5~ to zero feet (0~. The CB-1 (Planned Business District) zone provides locations where daytime, service- oriented businesses may be located to allow for the efficient interaction of complementary service industries. Professional offices, including medical offices and clinics, represent the primary permitted uses. Minor support uses may include small restaurants, cafes, retail shops, and child day-care centers. The C-3 (Heavy- Commercial) district provides for retail centers that include large retail uses such as "big C1D000menls anA Seliings\kfgoc~eAo.DOMNNIALOCaI Settings\Temporary Interne[PilesVOI%iDbup2007-19Co~[inurddoc -1- box" stores, furniture stores, appliance and home electronic retailers. Service commercial businesses, professional business offices and restaurants are also allowed. The Lynwood Municipal Code (LMC) requires new developments to obtain approval of a - -conditional use permit. - The floor plans for the proposed structure indicate that retail space #1 will provide 2,844 square feet of retail space, and retail space #2 will provide 1,296 square feet of space, totaling 4,140 square feet. One bathroom is included in each retail space. The elevations show that the structures will include smooth stucco siding, light weight Spanish the roofing, La Habra stucco color, and brown stucco moldings. The project will provide nineteen (19) parking stalls, including a handicap stall. ANALYSIS & DISCUSSION OF VARIANCE AND ZONE CHANGE The Site Plan Review Committee has reviewed the project, and has recommended that that zoning designation be changed from CB-1 (Controlled Business District) zone to C-2 (Light Commercial) zone to ensure consistency with adjacent properties. The C-2 (Light Commercial) zone provides for a limited range of smaller-scale business activities that are compatible with the area, with respect to the type of use, scale, intensity of development, architectural character, and other impacts upon the community, and that the activities serve the needs of the adjoining residential neighborhoods. The adjacent property located southeast has arear-setback of less than one (1) foot, the Site Plan Review Committee has recommended a zero (0) feet setback. Granting a zero (0) rear setback will help reduce loitering and criminal activity that can occur with seclusion. Pursuant to State Law, the City is required to make specific findings in support of that action. Below are the requirements, and staff findings in bold: A. 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. Reducing the rear setback to zero (0~ feet will significantly reduce and suppress the concealment of illicit activities. QVDocamems and Settings\kfigucado.WMAINIAIs~cal Sellings\Tempoary Imemet FilesVO LKSDAcup2007-19Continued.doc _2_ B. The variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone which is denied the property in question. Granting the variance will not grant the applicant any special privileges. The - _ adjacent property has zero (0') rear setback. C. Granting the variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity. Reducing the setback to zero (0') will alleviate quality of life issues, and will impede loitering. D. Granting the variance will be consistent with the spirit and intent of the Zoning Code. The project would comply with development standards set forth in the LMC. E. The variance will not grant special privilege to the applicant. The adjacent property has zero (0') setback. ENVIRONMENTAL ASSESSMENT The Development Services Department has determined the proposal to be categorically exempt from the provisions of the California Environmental Quality Act, pursuant to Section 15303 (c) of the State Guidelines, as amended. RECOMMENDATION Staff recommends that the Planning Commission open the public hearing, take testimony, and continue the item to the next Planning Commission meeting. Attachments: 1. Project Profile 2. Location Map 3. Resolution 3200 4. Resolution 3201 5. Resolution 3202 C1D000menls and Scllings\kfigue[edoDOMAIN IALocal Settings\Temporary I~temet PilesVOLKSDAcup20W-19Continueddoc -3- PR®JECT PR®FILE Conditional Use Permit No. 2007-19 379.1 MARTIN LUTHER KING JR..BLVD Assessor Parcel Number 6173-020-015 1. Source and Authority Lynwood Municipal Code (LMC) Section 25-25.020 sets forth permitted uses in commercial zones; Table 25.25.-1 sets forth development standards in commercial zones, LMC Section 25.115-10 sets forth proceedings for zoning amendment changes, LMC Section 25.135.020 sets forth requirements for granting a Major Variance, and LMC Section 25.130.050 sets forth findings for approval of a Conditional Use Permit. 2. Property Location and Size The subject property is located at 3791 Martin Luther King Jr. Blvd, between Carson Drive, and Bullis Road, Assessor Parcel Number 6173-020-015, in the CB- 1 (Planned Business District) zone. The lot is developed with a building that will be demolished. 3. Existing Land Uses Site Developed North: Single and Multi-Family Residential South: City Park West: Commercial East: Commercial 4. Land Use Desgnation The subject parcel has a General Plan Designation of Commercial which is consistent with the CB-1 (Planned Business District) zone. The adjacent properties General Plan and Zoning designations are as follows: QVDocnmcnis and Set~ngaAkfiguereda DOMAINIALocal Settings\Tempotary Interne[ FilesVOf%SDAcup2007-19Contin~ed.doc -4- 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 rear yard setbacks is required, and a zone change 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-2 (Light Commercial) zone. Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2007-19, subject to all conditions, restrictions 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 December 11, 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. 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. 3. 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. 4. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 5. The property owner shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of any permits. C:~Documents and Settings\kfgueredo.DOMAIN!ALocal Settings\Temp~rdry Internet FilesVOLKSDkcso3200.doc 6. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION 7. 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 5% of the parkway area shall be landscaped. 8. All tenant spaces shall have restroom facilities in compliance with ADA standards. 9. Any fencing shall first be reviewed by the Development Services Department, Planning Division. Prior to installing approved fencing, the applicant shall obtain a permit from the Planning Division. 10. Acoustical construction materials shall be used throughout the unit to mitigate noise to the standards and satisfaction of the Building and Safety Division. li. The applicant shall submit a materials and color board sample to the Development Services Department, Planning Division prior to submitting for building plan check. Building colors shall consist of earth tone or neutral colors. Trim and architectural features may have brighter colors. The applicant shall obtain a paint permit and comply with colors approved by the City of Lynwood. 12. All driveway and parking areas shall be paved with concrete and permanently maintained. 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 ADA standards. 13. Air Conditioners, heating, cooling ventilation equipment, and all other exterior mechanical devices shall be screened from surrounding properties and streets 14. Any artificial light shall be directed to reflect away from adjoining properties. The applicant shall submit a detailed lighting plan to the Planning Division prior to occupancy. 15. A solid block wall six-feet (6') in height shall be maintained along the rear yard property lines. Plans shall be submitted and permits obtained from the Development Services Department prior to installation of fencing. C:ADocuments and SettingsUcfigueredo.DOMAINIALocal Settings\Temp~iary Imemet FilesVOLKSD~reso320Qdoc 16. 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 and equipped with a latched gate. The wall should be six feet (6') in height. 17.- Prior-to installing signs, asign-permit shall be applied for and approved by the Department of Development Services. 18. Business owner may not install flashing signs, roof signs, portable sings, including A- frames and sandwich boards. Business owner may not paint any wall sings, place inflatable sings, balloons or flags, and may not place any signs in the public right of way. Sings shall not be installed on trees, light poles, fences or landscaping features. 19. All driveway and parking areas shall be permanently paved, maintained, and shall have sufficient lighting for security. 20. Each parking stall shall have a minimum dimension of 9' by 20'. 21. Parking stalls shall be permanently paved, maintained, and delineated. One (1) handicap stall shall be striped and provide signage in accordance with ADA requirements. 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. All structures shall consist of neutral or earth tone colors reviewed and approved by the Development Services Department, Planning Division. Trim and architectural features may consist of bright colors. 25. Prior to plan check developer/property owner shall submit color sample and obtain paint permit from the Planning Division. 26. 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. 27. This project is subject to the City of Lynwood's Development Impact and Art Fees, City of Lynwood Ordinance No. 1575. C:\Documcnis and SatingsUcfigueredo.DOMNNI\Local Settings\TempQrary In[cmet Files\OLKSD\reso3200.doc 28. All contractors working on the project site must obtain a City business license prior to commencing any work. 29. Prior to plan check, applicant property owner must submit a written request to the Planning Division for a new address. - - - 30.- The applicant-shall secure refuse service firom the City contracted company. 31. The applicant shall secure water service from the City of Lynwood. 32. All tenants shall obtain a business license prior to signing lease agreements. BUILDING AND SAFETY DIVISION 33. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. - The Uniform Building Code - 2001 edition; - The Uniform Plumbing Code - 2001 edition; - The Uniform Mechanical Code - 2001 edition - The Los Angeles County Fire Code - 2001 edition; The National Electric Code - 2004 edition; All as amended by the California Building Code of 2001. 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. PUBLIC WORKS/ ENGINEERING DEPARTMENT 34. Dedicate required property at the northeast corner of Martin Luther King Blvd, and Carson Drive to accommodate 25' radius. 35. 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) 36. Reconstruct damaged sidewalk, along Martin Luther King Jr. Blvd and Carson Drive. 37. Reconstruct damaged and substandard drive approach(es), per APWA standards. 38. Close existing drive approach. C:\Docmnents and ScttingsUcfigueredo.DOMAMI\Local Settings\Temp~rnry [ntemet Files\OLKSD\reso3200.doc 39. Construct one (1) wheelchair ramp(s) at northeast corner of Martin Luther King Jr. Blvd, and Carson Drive. 40. Grind and overlay a minimum of two inches from edge of gutter to edge of gutter fronting the proposed development. Pavement striping shall be replaced when applicable and per City instructions on Carson Drive. 41. Construct ten (10) foot wide planter to separate the sidewalk from the parking lot. 42. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six (6) inch. When connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integrity y providing a video tape of the lateral to the Department of Environmental Services/Engineering Division. Any and all existing sewer laterals less than six inches (6") in diameter shall be abandoned at the property line per City instructions. 37. Provide and install one (1) street marbelite pole(s) with light fixture, underground services and conduits on Carson Drive. Exact location shall be determined by the City. 38. Underground all utilities. 39. A permit from the Engineering Division is required for all off-site improvements. 40. 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 a licensed contractor hired by the developer. The contractor must obtain a permit from the Department of Environmental Services/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. 41. This development is subject to the City's substandard Urban Stormwater Mitigation Plan Ordinance (SUSMP). Pursuant to Section 14.13 of the City for 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. 41. This project is subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost C:~Doeumcnts end Settings\kfigueredo.DOMAIN IAL.~~cnl Settings\Temp~rnry Internet FilesVOLKSD~reso320Qdoe estimate to the Department of Environmental Services. Building permits and/or demolition permits shall not be issued until developer/project owner contacts the Department of Environmental Services, Division of Public Works. 42. This project is subject to the City of Lynwood's Development Impact Fees, City of Lynwood Resolution No. 2006.067. LOS ANGELES COUNTY FIRE DEPARTMENT 43. The required fire flow for this development is 5,000 gallons per minute for 5 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. 44. Location: Provide the following information on the site plan: Occupancy, type of construction, locations and sizes of all fire hydrants within 300 feet of all property lines. Additional requirements maybe made once information on hydrant locations and fire flow availability is received and reviewed for compliance the required fire flow may be reduced by Fire Prevention Engineering upon receipt of architectural plans for Building Permit Plan approval. 45. Access: The proposed project is subject to the Fire Code and all applicable Regulations and Access Standards. Provide on the site plan extent of fire lanes (indicated on plans by shading or cross-hatching), and elevations of the proposed buildings. 46. Special Requirements: Architectural drawings shall be submitted to Fire Prevention Engineering, which include all above noted conditions. Contact (323) 890-4125, for additional Fire Department requirements during the Building Plan Check Phase. 47. The applicant shall comply with all conditions set forth by the Los Angeles County Fire Department for this application. Please contact the Los Angeles County Fire Department, Land Development Unit, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4243. Fire Deaartment aparoval must be obtained prior to the issuance of building aermits. Section 3. A copy of Resolution 3200 shall be delivered to the applicant. APPROVED AND ADOPTED this 11th day of December, 2007, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: C:ADocuments and SettingsUcfigueredo.DOMAIN IALocal Settings\Temp~rnry IntemG FilesVOLKSD~reso3200.doc ABSENT: ABSTAIN: Lourdes Castro-Ramirez, Chair Lynwood Planning Commission APPROVED AS TO CONTENT: Gabriel Elliott, Interim Director Development Services Department C:ADoeumrnts and SeuingsVcfbmeredo.DOMAIM VLocal Settings\Temp~rsry intemet FilesAOLKSD~r~so320Qdoe RESOLUTION NO. 3201 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2007-06, REDUCING THE REAR SETBACK FROM 5 FEET TO 0 FEET IN CONDUCTION WITH THE DEVELOPMENT OF A 4,140 SQUARE-FOOT COMMERCIAL BUILDING ON PROPERTY LOCATED AT 3791 MARTIN LUTHER KING JR. BOULEVARD IN THE CB-1 (CONTROLLED BUSINESS) ZONE, FUTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6173- 020-015, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, an application was filed by David Taban, 888 South Figueroa Street, # 1900, Los Angeles, CA 90017, for consideration of a Conditional Use Permit, Variance and Zone Change for property located at 3791 Martin Luther King Jr. Boulevard; and WHEREAS, the Lynwood Planning commission, pursuant to law, on December 11, 2007 conducted a public hearing; and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is Categorically Exempt from the California Environmental Qualify Act (CEQA) pursuant to Section 15303(c), therefore; Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. 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. B. The variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question. C. Granting the variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity. C:\DOCUments and Settings\kfigueredo.DOMAINl\Local Settings\Temporary Internet Files\OLKSD\reso3201.doc D. Granting the variance will be consistent with the spirit and intent of the Zoning Code. E. The variance will not grant special privilege to the applicant. F. The variance request is not consistent with the General Plan of the City of - - - - - - Lynwood. - - Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2007-19, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The variance must be acted upon within one year. The variance shall become null and void 365 days from the date of approval if not acted on within this period. The expiration date is December 11, 2009. One extension of one (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 Planning Commission. 2. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. 3. The project shall be developed in accordance with plans approved by the Lynwood Planning Commission and on file in the Development Services Department, Planning Division. 4. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 5. The property owner shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of building permits. 6. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. C:\Documents and Settings\kfigueredo.DOMAINl\Local Sett~gs\Temporary Internet Files\OLKSD\reso3201.doc BUILDING AND SAFETY DIVISION 30 All construction shall meet or exceed the minimum building standards that are referenced in the following codes. - The Uniform Building Code - 2001 edition; - The..Uniform Plumbing Code-- 2001-edition; - The Uniform Mechanical Code - 2001 edition - The Los Angeles County Fire Code - 2001 edition; - The National Electric Code - 2004 edition; All as amended by the California Building Code of 2004. 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. LOS ANGELES COUNTY FIRE DEPARTMENT 7. The applicant shall comply with all conditions set forth by the Los Angeles County Fire Department for this application. Please contact the Los Angeles County Fire Department, Land Development Unit, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4243. Fire Department approval is required prior to the issuance of Building Permits. Section 3. A copy of Resolution 3201 shall be delivered to the applicant. APPROVED AND ADOPTED this 11th day of December, 2007 by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Lourdes Castro-Ramirez, Chair Lynwood Planning Commission C:\DOCUments and Settings\kfgueredo.DOMAINl\Local se[t~gs\Temporary Internet Files\OLKSD\reso3201.doc APPROVED AS TO CONTENT: Gabriel Elliott, Interim Director Development Services Department C:\Documents and Settings\kfigueredo.DOMAINi\Local Settings\Temporary Internet Files\OLKSD\reso3201.doc RESOLUTION 3202 AN RESOLUTION OF PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL OF ZONE CHANGE 2007-02 TO THE CITY COUNCIL TO CHANGE THE ZONING DESIGNATION OF A PROPOSED COMMERCIAL BUILDING ON-PROPERTYLOCATED AT - - - 3791 MARTIN LUTHER KING JR. BOULEVARD FROM CB-1 (CONTROLLED BUSINESS) TO C-2 (LIGHT COMMERCIAL) PROPERTY FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6173-020-015, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, an application was filed by David Taban, 888 South Figueroa Street, # 1900, Los Angeles, CA 90017, for consideration of a Conditional Use Permit, Variance and Zone Change for property located at 3791 Martin Luther King Jr. Boulevard; and WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a duly noticed public hearing on December 11, 2007 regarding Zone Change No. 2007- 02; and WHEREAS, the Lynwood Planning Commission has carefully considered all oral and written testimony offered at the public hearing; and WHEREAS, the Lynwood Planning Commission has determined that a C-2 (Light Commercial) zoning designation for the subject property would be consistent with the Lynwood General Plan and would be an appropriate zone for the location and development; and WHEREAS, the Development Services Department has determined the proposal to be categorically exempt from the provisions of the California Environmental Quality Act, pursuant to Section 15303 (c) of the State Guidelines, as amended. Section 1. The Lynwood Planning Commission hereby finds and determines as follows: A. A C-2 (Light Commercial) zoning designation of the subject property would be consistent with the Lynwood General Plan Land Use Map. B. The C-2 (Light Commercial) zoning designation is consistent with existing developments in the vicinity. C. The C-2 (Light Commercial) zoning will be consistent with goals and policies set forth in the Lynwood General Plan Land Use, and Economic Development Elements. D. The C-2 (Light Commercial) zoning designation will not be detrimental to _ _ the properties surrounding the_site and would not negatively .impact the public health, safety, or welfare or properties in the vicinity. Section 2. The Lynwood Planning Commission based upon the aforementioned findings and determinations, hereby recommends approval of Zone Change No. 2007-02 by adopting a resolution recommending changing the zoning designation for 3791 Martin Luther King Jr. Boulevard (Assessor Parcel Numbers 6173-020-015) from CB-1 (Controlled Business) to C-2 (Light Commercial). Section 3. A copy of Resolution 3202 shall be delivered to the applicant. APPROVED AND ADOPTED this 11th day of December, 2007, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAYN: Lourdes Castro-Ramirez, Chair Lynwood Planning Commission APPROVED AS TO CONTENT: Gabriel Elliott, Interim Director Development Services Department 2