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HomeMy Public PortalAboutA2009-11-10 PLANNING COMMISSION-~ ~ ~o, ~ U ~~~' ~, C!i ~ /1 ~ 4 1 „ <l r ~n au-aMeAica a7r ~' p~tJ ~ ~~' C7~ 'LtC~ WtGettl~ 'Viiuy~ic~ ~ ~ -~71rpS~~" i i oov Dv~uo nvi-w ~- LYNWOOD, CALIFORNIA 90262 DEVELOPMENT SERVICES (310) 603-0220 DEPARTMENT x 289 A®@!A L W ~~-IVIVIN CMMISS CITY i~ALL COUNCIL CHAM 11330 BULLIS ROAD LYNWOOD, CA 90262 N®vember 10, 2009 6:30 P.M. B Rs ~~~ ~~s~-~ RECE'11l NOV 0 5 2~,~~ CITY OF LYNWOOq CITY CLERKS OFFICE PLANNING COMMISSIONERS ~ G~+r~ivt,.t~Z ~~~ ~~-~s Kenneth West Rebecca Wells Zelda Hutcherson Chair Vice-Chair Commissioner Alex Landeros Rita Patel Bill Younger Commissioner Commissioner Commissioner COMMISSION COUNSEL Law Office of Aleshire and Wynder Para Lee, Assistant City Attorney S7'A~~ Jonathan Colin, ®irector E~o~;~ ~~anab~sa~~, ~~~e~°a~ ~a~ager ~~~'~~1 ~9~~~fi"~~~e ~lannon~ As~i~f~a~t ~-~~~~~~~6d~i~~; L~~i~t~~~c~~° 1. -(:a11 meeting to order. 2. Flag Salute. 3. Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minutes of Planning Commission Meeting: August 11, 2009 SWEARING IN SPEAKERS 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 ORALS 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. NEW BUSINESS NONE CONTINUED PUBLIC HEARINGS NONE CONTINUED REGULAR AGENDA NONE /r t, LPL ~~.L.~ ~ i.~, ~~~ L~n~.l ~~~~ Li. 2 ~. Variance No. 2009-05 X~LYt'A~": Chris Canzone Sj~~J VI7TTITJ • O xlTll Jl KI\/ll APN 6190-021-019 Proposal Requesting approval to install a "Superior Grocers" sign at the facade of a commercial building. The first sign measures approximately thirty two inches in height (32") by thirty feet (30') in width and the second half of the sign measures approximately ninety six inches (96") in height by thirty feet (30') in width. The commercial building is located at 3831 Martin Luther king Jr. Blvd. in the C-2 (Light Commercial) zone. Recommendation Staff recommends that the Planning Commission approve Variance No. 2009-05 and Resolution No. 3254. 9. Zoning Ordinance Amendment No. 2009-02 Canopy Ordinance) APPLICANT: City of Lynwood (Development Services Department) Proposal Requesting approval of a Zoning Ordinance Amendment regulating canopies on private property. This ordinance would further allow the City to regulate canopies within its boundaries. Recommendation Staff recommends that the Planning Commission approve Zoning Ordinance Amendment No. 2009-02 and Resolution No. 3255. COMMISSION ORALS STAFF ORALS AD.70URNMENT Adjourn to the regular meeting of the Lynwood Planning Commission on December 08, 2009 at 6:30 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 3 MINUTES 08-11-09 LYIV~i/®®© PL~,~VIVIN~ C~9~I~S~OI~LMEEI].~4~, -KUgCa3-c-z i. The Lynwood Planning Commission met in regular session in the City Hall Council Chambers, on the above date. Chair West called the meeting to order at 6:35 p.m. Commissioner Landeros led the flag salute. Chair West requested the roll call. Planning Director Colin called roll. Commissioners Hutcherson West, Younger, Landeros, Patel and Wells answered the roll call. Also present were Planning Assistant Karen Figueredo, Planning Associate Harden Carter, Interim Development Services Manager Rita Manibusan and Commission Counsel Pam Lee. Chair West inquired if the Agenda had been duly posted. Planning Director Colin indicated the Agenda had been duly posted. Item #5 Minutes ]une 09, 2009 Chair West introduced Agenda Item #5, Minutes of June 09, 2009, Planning Commission Meeting and asked if there were any questions or revisions. Motion by Commissioner Younger to approve the June 09, 2009 minutes, seconded by Commissioner Wells. Chair West requested the roll call. Planning Director Colin called roll and the motion to approve the minutes passed 6-0. Item #6: Swear in Speakers NONE. Item #7: Publie ®rals NONE. 1VlE1li~ ~U TNFSS CONTINUED PUBLIC 6~EARINGS NONE. CONTINUED REGULAR AGENDA Item #8: Zone Ordinance Amendment No. 2009-01 APPLICANT: City of Lynwood Planning Director Colin presented the staff report that requests to amend Lynwood Municipal Code Section 25 (Zoning) by adding new regulations to subsection 25-10-12 (a) regulating the height of fences, walls, and hedges. Staff recommends that the Planning Commission approve Zoning Ordinance Amendment No. 2009-01. Chair West asked if the Planning Commissioners had any questions. NONE Chair West opened the Public Hearing. NONE Chair West closed the Public Hearing. After discussion, it was moved by Commissioner Younger to adopt Resolution No. 3220 approving Zoning Ordinance Amendment No. 2009-01, seconded by Commissioner Wells. Chair West requested the roll call. Planning Director Colin called roll and the motion to approve passed 6-0. RESOLUTION #3235 ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD ADOPTING CERTAIN FINDINGS RELATED TO, AND APPROVING ZONING ORDINANCE AMENDMENT NO. 2009-01 TO AMEND SECTION 25-10-12 OF Y'HE i~YNV000D iVdUNICIPAL CODE PERTAINING TO THE ~tEGULATIOi~ OF ~ Li'.~~(_;1.~'f ~r~'l'ui i _ ~.~~~~ P~['f~~ 1.,~', l [~~L~ `i ~~~. E ~i ~[~ C a„~ ~° C'C-~S[~~C'~ 1. l~~~ a•~~C 1 !~_I~_ ®RDgNACE REGULATYNfa FE6~CI~S, lf~9AL@-S ~1ND FEE®GE~S ON PRIVA`~'~ PROPERTY. 2 ~Y~S: NOES: ABSENT: ABSTAIN: HUTCHERSON, YOUNGER NONE NONE NONE LAN®ER®S, 1A/ES`~, TELLS, PATEL ~ Item #9 Variance No. 2009-03 APPLICANT: Daniel Ruiz 4300 Agnes Avenue APN 6186-002-016 Planning Assistant Figueredo presented the staff report that requests to reduce interior side setback from five (5`) feet to three (3') feet and street side setback from ten (10') feet to three (3') feet in order to build a 1,459 square foot two- story single family dwelling, the existing two-car garage will remain. The property is located at 4300 Agnes Avenue in the R-1 (Single Family Residential) zone. Staff recommends that the Planning Commission approve Variance No. 2009-03 and Resolution No. 3242. Chair West asked if the Planning Commissioners had any questions. NONE. Chair West opened the Public Hearing. Applicant Ruiz presented his project and asked for Planning Commissioner's support. Chair West closed the Public Hearing. After discussion, it was moved by Commissioner Younger to adopt Resolution No. 3242 approving Variance No. 2009-01, seconded by Commissioner Wells. Chair West requested the roll call. Planning Director Colin called roll and the motion to approve passed 6-0. RES®!-UTION #324?_ ENTITLE®: A RESOL~lTION ®1F TEE PLANNING FIN®INGS RELATE® TO, AN® APPRO\/ING ~lARIANCE NO. 2®09-®3, 3 REDUCING INTERIOR SIDE SETBACKS FROM FIVE FEET (5') TO THREE ~ ~~=)r ~~b~~.- - -~~=r=-r~ri-err-t~r~~-t-~.~`~ ~rr~---~-d-~rr~tr~ p~s~ ~z,~ ®~. - - - - Tom- - - - -- --- STORY SINGLE FAMILY RESIDENCE ON PROPERTY LOCATED AT 4300 AGNES AVEiVUE IN THE R-1 (SI6~GLE FA~'li YLY RESIDENTIAL) ZONE, FUTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6186-002-016, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: HUTCHERSON, LANDEROS, WEST, WELLS, PATEL & YOUNGER NOES: NONE ABSENT: NONE ABSTAIN: NONE COMMISSIONER ORALS Commissioner Younger thanked staff. Vice Chair Wells thanked staff. STAFF ORALS Planning Director Colin thanked Planning Commissioners and staff. ADJOURNMENT It.was moved by Commissioner Younger seconded by Commissioner Landeros to adjourn at 6:30 p.m. to the next regular meeting of the Lynwood Planning Commission on December 08, 2009, in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262 Kenneth West, Chair Lynwood Planning Commission 4 ~C~~ AS i` ' ~~-~i Jonathan, Colin Development Services Director ~F~fzt~v~7C-1u ~~ t iv-r~~i Pam Lee, City Attorney Planning Commission Counsel VARIANCE 2009-05 DATE: TO: FROM: BY: SUBJECT: APPLICANT: BACKGROUND: November 10, 2009 Honorable Chair and Planning Commission Members Jonathan Colin, Director of Development Services Karen Figueredo, Planning Assistant Variance No. 2009-05 Chris Canzone 3831 Martin Luther King Jr. Blvd APN 6190-021-020 The subject property totals 5.7 acres in area and is located on the north side of Martin Luther King Jr. Blvd, between Bullis Road and Ernestine Avenue. The property is located at 3831 Martin Luther King Jr. Blvd in the C-2 (Light Commercial) zone (the "Property"). The Applicant is requesting approval to install a "Superior Grocers" sign measuring about thirty two inches (32") in height by thirty feet (30') in width and ninety six inches (96") in height by thirty feet (30~ in width (the "Project") on the facade of a commercial building of the Property. ANALYSIS & DISCUSSION: On June 10, 2008 the Planning Commission approved Conditional Use Permit No. 2008- 05 to develop three (3) commercial buildings that will be located at the south side of the property. In order to maintain visibility of the storefronts at the buildings, which are set back three hundred twenty feet (320') away from the main boulevard, the Applicant is requesting to increase the height limit for "Superior Grocers" sign by seventy two inches (72") and eight inches (8") in height respectively. Per Lynwood Municipal Code, Section 25-70-3 (1) (e) the maximum letter height is twenty four inches (24"). In order to build an oversized sign the applicant is requesting a Variance. Variance: Under Section 25-135-1, Major Variances, certain findings must be made in order to approve VAR 2009-05. In order to approve the VARIANCE, the Commission must find: A. There are exceptional or extraordinary circumstances or e~~~d'~i~~~r~~ ~~~lica~h t~ fide ~~m~~~y e~Rl~ec~ ~~ ~®t ~-~ ~~P~~ generaily ~.® otL~er properties 6n the sae~~e E~ici~~it:y anr~ ~arae. 1 Due to the size and location of the supermarket, a regular twenty four inch (24") in height sign wilt not be visible from the main boulevard which is located three hundred and twenty feet (320') away from the structure. 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. In order to maximize visibility of the sign for the supermarket, the requested variance is necessary for the supermarket on the Property, which is set back further than other properties in the surrounding area, to be seen from the main boulevard; additionally, the variance will ensure the preservation and enjoyment of the subject property. C. Granting the variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity. Staff has determined that the variance will not be detrimental to the surrounding area. The Project will not negatively impact the public health, safety or general welfare since the proposed sign will not be a traffic hazard, will not decrease surrounding property values, or have a blighting effect on the surrounding area. The Project is consistent with other developments in the area and will comply with the California Building Code. D. Granting the variance will be consistent with the spirit and intent of the Zoning Code. Staff believes that granting this variance will not adversely affect orderly development in this area. The Project will merely facilitate the sign visibility for the main business at that location. The variance will allow the business owner to continue to benefit from the use of the Property as permitted and consistent with the Lynwood Municipal Code and State Law. E. The variance will not grant special privilege to the Applicant. Granting this variance will not give Applicant a special privilege over other properties in the surrounding area. The Project will help the future surrounding commercial business by attracting business to the area. ~'. The variance request is consistent with the General Plan of the City of Lynwood. The proposed variance is consistent ~n~ith the goals and policy of the Lynwood General Plan will not decrease surrounding property values, or have a blighting effect on the surrounding area. 2 ENVIRONMENTAL REVIE1/1/ The proposed Zoning Ordinance Amendment is determined to be categorically exempt under California Environmental Quality Act Section 15301(8) Existing Facilities-New Copy of Existing Signs. RECOMMENDATION Staff recommends that the Planning Commission conduct a public hearing on the matter and upon conclusion of that hearing, adopt Resolution No. 3242 and approving Variance No. 2009-05 as conditioned. Attachments: 1. Project Profile 2. Location Map 3. Resolution No. 3242 4. Plans 3 PR®~7ECT PR®F~ Variance 2009-OS 3831 Martin Luther King )r. Blvd (APN 6190-021-020) 1. 2. 3 4. Source and Authority Lynwood Municipal Code (LMC) Section 25-135 sets forth findings for Variance approval. Property Location and Size The subject property totals 5.7 acres in area and is located on the north side of Martin Luther King Jr. Blvd, between Bullis Road and Ernestine Avenue. The property is located at 3831 Martin Luther King Jr. Blvd in the C-2 (Light Commercial) zone. Existing Land Uses Site Developed North: Residential South: Commercial West: Commercial East: Residential Land Use Designation The subject property has a General Plan Designation of Commercial and the current zoning is C-2 (Light Commercial). The adjoining properties General Plan and Zoning designations are as follows: Site General Plan North: Residential South: Commercial West: Commercial East: Residential Design Review Board None at the time of this report. Zonina R-1 (Single Family Residential) C-2 (Light Commercial) C-2 (Light Commercial) R-3 (Multi Family Residential) 4 5. Site Plan Review The Site Plan Review Committee has reviewed the project and recommends approval of Variance No. 2009-05. 6. Code Enforcement History None at the time of this report. 7. Public Response None at the time of this report. 5 ~~a:~e~ ~on~ ~w~~ w Su --- -_ -- -- - - ~ ~ ~ I &"ichaPl ~e g$8e ~t c .ate ~e $~e E# S~r~tt w 'Ju •St . ~ a~~a ``' d~ ~, _. ~'~ sf I U'tr~ "' . ~ °' `~' ~ ,~, ~~ '~~~o ~ ~~9~ S1 r,~ar~~~ Aswvarn q ., ~ eta=~ v"Y ~ ' ~ [+. nC4' ti 'Mt u!~'$ ~ V !yd ~'se ~ ~ Wareham ~ ~raceas ~ , ~3"' ,, q. ~ '~1 3 ~ 1 '' "` ~'~/ 5 r Q~ g~ ~ ~J rye ~, , s 'g . _ tQI,~ 0 ~(r' ~~, a ~ ~~ ,. ~ ~ O~1g ~' CVS! ~,haTmaay ® ~ ~ 4r "~ ~ ' ~ ~`°~ ~ I l.ymv~od U+~ufed ' ~ , ~ ~cl:oo3 ~1~4hi~ L71~YCx1sd .~rEP1i4C ' ~ , ~ ~ ~ C~t¢en Pro~rm , ~ ``~ ~ ~ ~~8 1.ynwac~d P~h t L ~ `~ `~ , ~ ~ ~ c srary + 1 r r .,> y '~ .aS',~i a ~ ~, .'~ ~ ~c~. ~~: i ~ " ~ t , f d~ r` ~ 3y~c~ ~ ~ ~ ., t - ~ . Fy. ~ r_y~ a~" '~' @ ' ~ tt r ~ f f, kf' ~ r ' '~ Ve r a~ _ ,= F J ~ , s_r i `~ , P~ a su' ~~a~!A - ' ~ v _ ~~ e - _ ~ ~ © ' 2009 Goggle -Map dat$k~2009 Google - ~~~ SITE ADDRESS: 3831 MARTIN LUTHER KING JR. BLVD APPLICANT: _Super Center Concepts ~ Apf~A^ ^ /-14~T.A~~/ AP 4./P~j 0 Y^p^T1..A ~.~A~®~iTI'~1~TAM^ Ap THE CITY OF ~.YNW®®D APPROVING VARIANCE NO. 2009-05, TO INSTALL A °°SUPERIOR GROCERS" SIGN MEASURING THRITY TWO INCHES (32") IN HEIGHT BY THIRTY FEET (30') IN WIDTH AND NINETY SIX INCHES (96") IN HEIGHT BY THIRTY FEET (30') IN WIDTH ON THE FACADE OF A COMMERCIAL BUILDING ON PROPERTY LOCATED AT 3831 MARTIN LUTHER KING 7R. BLVD. IN THE C-2 (LIGHT COMMERCIAL) ZONE, FURTHER DESCRIBED AS WITH ASSESSOR'S PARCEL NUMBER 6190-021-020, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission ("Planning Commission', pursuant to Chapter 25-135-4(A) of the Lynwood Municipal Code, on November 10, 2009 conducted a public hearing; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, on June 10, 2008 the Planning Commission approved Conditional Use Permit No. 2008-05 to develop three (3) commercial buildings located at the south side of the property located at 3831 Martin Luther King Jr. Blvd, Lynwood, California, with Assessor's Parcel No. 6190-021-020 (the "Properly); and WHEREAS, per Lynwood Municipal Code, section 25-70-3 (1) (e) the maximum letter height of storefront signs is twenty four inches (24"); and WHEREAS, per Lynwood Municipal Code, section 25-70-3 (1) (e) the maximum letter height of storefront signs is twenty four inches (24"); and WHEREAS, Super Center Concepts, ("Applicant") requested a variance for the installation of an oversized storefront sign measuring thirty-two inches (32") by thirty feet (30') in width and ninety-six inches (96'~ by thirty feet (30') in width on the facade of a commercial building located at the Property ("Project"); and WHEREAS, on November 02, 2009 the Site Plan Review Committee recommended approval of the Project subject to Variance No. 2009-05; and WIiEREAS, the Development Services Department has determined that the ~-~~i -~ ~,-a~~g~~ rt -~r~'~t -ii`te~~r~,--~~;~i,air-~ -rsci ~C~.i1~) inirtiiiaarnirr~r-~rT~f1TJ»_57.1JJ_I_Il rxi~~rni~J-•atnnr>,~-i~i~~nrl rari~i~]] rxr~~~irr~ ~~rnn )i~t~rr~irm~- Section ~. 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. Due to the size and location of the supermarket, a regular twenty four inch (24") in height sign will not be visible from the main boulevard which is located three hundred and twenty feet (320') away from the structure. 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. In order to maximize visibility of the sign for the supermarket, the requested variance is necessary for the supermarket on the Property, which is set back further than other properties in the surrounding area, to be seen from the main boulevard; additionally, the variance will ensure the preservation and enjoyment of the subject property. C. Granting the variance wilt not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity. Staff has determined that the variance will not be detrimental to the surrounding area. The Project will not negatively impact the public health, safety or general welfare since the proposed sign will not be a traffic hazard, will not decrease surrounding properly values, or have a blighting effect on the surrounding area. The Project is consistent with other developments in the area and will comply with the California Building Code. D. Granting the variance will be consistent with the spirit and intent of the Zoning Code. Staff believes that granting this variance will not adversely affect orderly development in this area. The Project will merely facilitate the sign visibility for the main business at that location. The variance will allow the business owner to continue to benefit from the use of the Property as permitted and consistent with the Lynwood Municipal Code and State Law. 2 E. The variance will not grant special privilege to the Applicant. v-rarrimg-trti~ -variar~tte v~tfi-rio~. -give arts a #~eciai-prrviTege ~~ver-vii-~er 11.. - T1_- ~l 1-i iL - ~ :;~. ~`r=~ ::~~ ~ .- ~~~ . n ~~ n .~jy-~ .i~ r.+ J~~~ ~'r r iiN~ i ~iv7D nr m 7 r7Y n in 1rP surrounding commercial business by attracting business to the area. F. The variance request is consistent with the General Plan of the City of Lynwood. The proposed variance is consistent with the goals and policy of the Lynwood General Plan will not decrease surrounding property values, or have a blighting effect on the surrounding area. Section 2. The Planning Commission of the City of Lynwood hereby approves Variance No. 2009-05, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The Variance use must be acted upon within one year. The Variance shall become null and void 365 days from the date of approval (November 10, 2010) if not acted on within this period. 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 other City Departments. 3. The project shall be developed in accordance with the 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 [3<<ilding znd Safety Division .`or hla~, check. ~. eQiT.9' '1'44" ~~. z.~ --sc-. _ - - - _~-,' -~-a ~ ~. _ r~~rf+ 1~ 7-oir-~ ira-gat ao-rrnri _~~ re-o o-* ~r-a-t~ ~+i~n xr =v~r~w a rirn rre rr~r-P~ ~nri Planning Commission. An appeal will be scheduled for public hearing before the City Council. Persons filing the appeal must submit an application and pay a fee of $1,083. PLANNING DIVISION 8. Tenant shall comply with all conditions and regulations set forth in Resolution No. 3212, 3213 and 3214. 9. The Applicant shall maintain apro-active approach to the elimination of graffiti from the structures, fences and any accessory buildings, on a daily basis. 10. Prior to the installation of signs, the Applicant or Tenant shall submit detailed plans and obtain applicable permits. 11. No sandwich boards, A-frame signs, inflatable signs, flags, banners or painted wall signs shall be permitted at any time. 12. All contractors working on the project site must obtain a City business license prior to commencing any work. BUILDING AND SAFETY DIVISION 13. 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. 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. 14. Applicant/property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. 4 15. 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 No. 3254 shall be delivered to the Applicant. APPROVED AND ADOPTED this 10th day of Novembers 2009 by Members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Jonathan Colin, Director Development` Service Department Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO FORM: Pam Lee, City Attorney City a.` I_}~ntn~ooci 5 Z®IlIING CO®~ t~at~d~l~®I~t~N~'' ~®09®fD2 DATE: November 10, 2009 TO: Honorable Chair and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services BY: Rita Manibusan, Interim Development Services Manager Cynthia Foreman, Code Enforcement Officer SUB]ECT: Consideration of Amendment to Chapter 25 of the Lynwood Municipal Code Adding Section 25-195 for the Regulation of Temporary Canopy Structures APPLICANT: City of Lynwood PROPOSAL The City of Lynwood is considering the amendment of the code section related to the regulation of temporary canopy structures of the Lynwood Municipal Code. BACKGROUND In 2005, when the Lynwood Zoning Code was adopted, the section related to canopies was inadvertently removed. Due to the recent growing proliferation of temporary canopy structures being used illegally as carports on residential zones, the Development Services Department has determined a need to reinstate the code section regulating temporary canopy structures. The proposed amendment will add Section 25-195. ANALYSIS & DISCUSSION The proposed changes to Chapter 25 of the Lynwood Municipal Code are being presented in the public's interest to discourage property owners and tenants from erecting temporary canopy structures. Not only are they unsightly, but they also violate setback requirements and, accessory structure regulations, encourage inappropriate use of garages and excessive outdoor storage, and pose as fire hazards. Pursuant to Section 25-115-1(b), amendments to the zoning code shall be conveyed with a resolution of the Planning Commission. The Planning Commission shall act by resolution to recommend approval, approval with modifications, or denial of tP~e proposed change. The matter will be scheduled for Council ratification at the next available Council meeting. ENVIRONMENTAL ASSESSMENT The Development Services Department has determined that the proposed amendment is exempt from CEQA guidelines Section 15061(b)(3), the general rule exemption states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment that the activity is not subject to CEQA. RECOMMENDATION StafF recommends that the Planning Commission adopt Resolution 3255 approving Zoning Code Amendment 2009-02 adding Section 25-195 to the Lynwood Municipal Code for the regulation of temporary canopy structures. Attachments: 1. Resolution No. 3255 2 RESOLUTION NO. 3255 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT 2009-02 ADDING SECTION 25-195 TO CHAPTER 25 OF THE MUNICIPAL ZONING CODE REGULATING TEMPORARY CANOPY STRUCTURES WHEREAS, the City has a rapidly growing and extreme proliferation of temporary canopy structures being used as carports in residential zones; and WHEREAS, temporary canopy structures violate setback requirements, accessory structure regulations, are unsightly, may decrease property values, and may pose as fire hazards; and WHEREAS, permanent and temporary structures are not permitted in driveways, front yard setback areas or street side yard setback areas per Lynwood Municipal Code Table 25-20-1; and WHEREAS, the Lynwood Municipal Code should be amended to directly address and regulate such temporary canopy structures; and WHEREAS, such regulations for temporary canopy structures shall protect public health, safety, welfare, aesthetics and property values in the City of Lynwood. NOW, THEREFORE THE PLANNING COMMISSION OF THE CITY OF LYNWOOD DOES HEREBY RECOMMEND APPROVAL OF THE AMENDMENT AS FOLLOWS: Section 1. The Lynwood Municipal Code is hereby amended by adding Section 25-195 to Chapter 25, which shall read in its entirety as follows: Section 25-195 REGULATION OF TEMPORARY CANOPY STRUCTURES IN RESIDENTIAL ZONES 25-195.1 Definitions 25-195.2 Standards and Procedures 25-195.3 Exceptions 7~~~r ~ a..s a/v.a as~,~n»a~vi~v For the purposes of this Section, the following words and phrases shall be construed to have the meanings herein set forth. "Canopy Structures" shall mean all structures, canopies, temporary carports, membrane structures or other canopies that are temporary coverings of plastic, cloth, nylon, or other similar materials supported by a frame, including, but not limited to, prefabricated canopies available from retail outlets. ~~Property" shall mean the real property or parcel of land or real estate as specified. "Temporary" shall mean a maximum of seventy two (72) hours. 25-195.2 Standards and Procedures Temporary canopy structures shall comply with the following standards and procedures: (a) Canopy structures shall not be allowed in driveways, front yard setback areas or side yard setback areas. (b) Canopy structures shall not exceed a height of seven feet (7') from grade to the highest point of such temporary structure. (c) Canopy structures shall not be attached to a residence, accessory structure or other improvement. (d) Canopy structures shall not be used as carports nor be installed over a driveway or other paved area that has vehicular access or is used for vehicle storage. (e) No parking or storage shall be permitted in temporary canopy structures. (f) Canopy structures may remain for a maximum of seventy two (72) consecutive hours per three (3) month period. (g) Canopy structures shall be open on all sides. (h) Canopy structures may only be located in rear yards and shall be located a r~inimurr of fi~~e feet (5') from the side and rear i~ror3erty Ilncs. 2 (i) Canopy structures shall be located a minimum of eleven feet (11') from residences, accessory structures, or other improvements. (j) Canopy structures shall not be larger than one hundred and fifty (150) square feet. (k) Temporary canopy structures shall require a plot plan for planning approval. (I) Temporary canopy structures in residential zones that exist at the time of this ordinance shall be removed immediately or comply with section 25-195.2 (f) (n) Temporary canopy structures are not allowed in Commercial or Industrial zones. 25-195.3 Exceptions (m) A permit may be issued administratively for a temporary canopy structure for special family or service events. Such exception shall not exceed seventy-two (72) hours and shall not be approved more than three (3) times per calendar year per property. (n) Nothing in this Chapter shall be deemed to affect or impair the City's right to determine that any property is being maintained in such a way as to constitute a violation pursuant to the provisions of this Chapter. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Planning Commission of the City of Lynwood hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. Section 3. This Resolution shall take effect thirty (30) days after final passage by the City Council. Section 4. The City Clerk of the City of Lynwood is hereby directed to certify to the passage of this Resolution and to cause it to be published or posted as req~ sired by law. 3 APPit®\4ED AND AD®PTED this 10th day of N®vember, 2009, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services Department Kenneth West, Chair, Chair Lynwood Planning Commission APPROVED AS TO FORM: Pam K. Lee, Agency Attorney Planning Commission Counsel 4