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Home My Public Portal AboutA2009-12-08 PLANNING COMMISSIONDEVELOPMENT SERVICES DEPARTMENT c~t~ of ~Y1~T~OOD v4 City ~lileeting CkaQpenges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603-0220 x 289 AGENDA ALL-AMERICA CRY ''I~~1 LYNWOOD PLANNING COMMISSION CITY HALL COUNCIL CHAMBERS ~",~ `'~s~-~;d - ~~® 11330 BULLIS ROAD LYNWOOD, CA 90262 December 08, 2009 6:30 P.M. PLANNING COMMISSIONERS DEC 0 3 200 CITY UE~ ~.~'~~~'~~`~;~C)D CITY CL.EFd~~ OFFICE ~r i a Q v ~ i~OY~L'L ~:~-y Clerk ~7/ C•~ Kenneth West Rebecca Wells Zelda Hutcherson Chair Vice-Chair Commissioner Alex Landeros Rita Patel Bill Younger Commissioner Commissioner Commissioner COI~I-~!ISSIOI~ COUNSEL - Law Office of Aleshire and Wynder Pam Lee, Assistant City Attorney STAFF Jonathan Colin, Director Rita Manibusan, Interim Manager Karen Figueredo, Planning Assistant Harden Carter Associate Planner 1 OPENING CEREMONIES 1. Call meeting to order. 2. Flag Salute. 3. Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minutes of Planning Commission Meeting: November 10, 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 r - - Commission's d'oscussion of the Agenda Item in question. NEW BUSINESS NONE CONTINUED PUBLIC HEARINGS NONE CONTINUED REGULAR AGENDA NONE 2 NEUV REGULAR AGENDA 8. Variance No. 2009-OS APPLICANT: Chris Canzone 3831 Martin Luther King Jr. Blvd. 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. COMMISSION ORALS STAFF ORALS ADJOURNMENT Adjourn to the regular meeting of the Lynwood Planning Commission on January 12, 2009 at 6:30 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California,,90262. 3 LYNWOOD PLANNING COMMISSION MEETING, November 10, 2009 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 6:30 p.m. Commissioner Patel led the flag salute. Chair West requested the roll call. Planning Associate Carter called roll. Commissioners West, Younger, Landeros, Patel and Wells answered the roll call. Commissioner Hutcherson was absent. Also present were Interim Development Services Manager Rita Manibusan, Planning Associate Handen Carter, Planning Assistant Karen Figueredo, Public Works Manager Elias Sailaki and Commission Counsel Pam Lee. Chair West inquired if the Agenda had been duly posted. Planning Associate Carter 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. Commissioner Hutcherson arrived at 6:45 p.m. Motion by Commissioner Younger to approve the June 09, 2009 minutes, seconded by Commissioner Patel. Chair West requested the roll call. Planning Associate Carter called roll and the motion to approve the minutes passed 6-0. Item #6: Swear in Sneakers NONE 1 Item #7: Public Orals NONE NEW BUSINESS NONE CONTINUED PUBLIC HEARINGS NONE CONTINUED REGULAR AGENDA Item # 8: Variance No. 2009-05 APPLICANT: Chris Canzone 3831 Martin Luther King )r. Blvd. APN 6190-021-019 Proposal Planning Assistant Figueredo presented the staff report that requests 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. Staff recommends that the Planning Commission continue Variance No. 2009-05 and Resolution No. 3254 to the next Planning Commission meeting. Chair West asked-it the Nanning Commissioners had any questions. NONE Chair West opened the Public Hearing. NONE Chair West closed the Public Hearing. After discussion the item was moved by Commissioner West to continue Variance 2009-05 seconded by Commissioner Landeros. Chair West requested the roll call. Planning Associate Carter called roll and the motion to continue passed 6-0. 2 ROLL CALL AYES: NOES: ABSENT: LANDEROS, YOUNGER NONE NONE WEST, WELLS, PATEL, HUTCHERSON & Item #9: Zoning Ordinance Amendment No. 2009-02 (Canopy Ordinance APPLICANT: City of Lynwood (Development Services Department) Planning Associate Harden presented the staff report that request approval of a Zoning Ordinance Amendment regulating canopies on private property. This ordinance would further allow the City to regulate canopies within its boundaries, Staff recommends that the Planning Commission approve Zoning Ordinance Amendment No. 2009-02 and Resolution No. 3255. 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 .,seconded by Commissioner Patel to approve Zoning Ordinance Amendment Nb. 2009-02 ar~d Resolution No. 3255. ' Chair West requested the roll call. Planning Associate Carter called roll and the motion to approve passed 6-0. ROLL CALL AYES: LANDEROS, WEST, WELLS, PATEL, HUTCHERSON & YOUNGER NOES: NONE ABSENT: NONE RESOLUTION #3255 ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL 3 OF ZONING CODE AMENDMENT 2009-02 ADDING SECTION 25-195 TO CHAPTER 25 OF THE MUNICIPAL ZONING CODE REGULATING TEMPORARY CANOPY STRUCTURES. COMMISSIONER ORALS Commissioner Younger thanked staff and requested an update/report on Fernwood Estates and the Alameda project (triangle). Vice-Chair Wells requested a progress update about Plaza Mexico and the "toxic situation". Chair West requested an inspection of a storm drain located at Pine. Commissioner Landeros commented on the recent City Council election results. STAFF ORALS Interim Development Services Manager thanked Planning Commissioners and staff and wished everyone a Happy Thanksgiving. AD70URNMENT It was moved by Commissioner Younger seconded by Commissioner Wells to adjourn at 7:00 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 APPROVED AS TO CONTENT: APPROVED AS TO FORM: Jonathan, Colin Development Services Director Pam Lee, City Attorney Planning Commission Counsel 4 DATE: December 8, 2009 TO: Honorable Chair and Planning Commission Members FROM: Jonathan Colin, Director of Development Services BY: Karen Figueredo, Planning Assistant SUBJECT: Variance No. 2009-OS APPLICANT: Chris Canzone 3831 Martin Luther King Jr. Blvd APN 6194-027-023 BACKGROUND: 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 properly 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's on the facade of a commercial building of the Property. ANALYSIS & DISCUSSION: On June iQ, X008 the Planning Commission approved Conditional Use Perrriit 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'x. 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 conditions applicable to the properly which does 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 properly 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, tc 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 in that location. The variance will allow the business owner to continue and 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 the 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. 2 F. The variance request is consistent with the General Plan of~ time pity 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. ENVIRONMENTAL REVIEW 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 o~ tlec, a~t;:~~€.c't° and upon conclusion of that hearing, adopt Resolution No. 3242 and approving ~ariar~ce No. 2009-05 as conditioned. Attachments: 1. Project Profile 2. Location Map 3. Resolution No. 3242 4. Plans 3 PRO]ECT PROFILE Variance 2009-05 3831 Martin Luther King ]r. Blvd (APN 6190-021-020) 1. Source and Authority Lynwood Municipal Code (LMC) Section 25-135 sets forth findings for Variance approval. 2. 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 3. 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 Zoning R-1 (Single Family Residential) C-2 (Light Commercial) C-2 (Light Commercial) R-3 (Multi Family Residential) 4. Design Review Board 4 None at the time of this report. 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 Remove unpermitted banner, flags, etc. 7. Public Response _ None at the time of this report. 5 LOCATION MAP ~.. o ~-._ _ / l 3 ~ s~r~~ JI// T ~ i r ~ 111 f ~ ~ ~ 1~/qs~,1 - ~ ~a'' f. - ~ r~_ ~.~` ~ °' I ~ ~ -~- _ r ~..~. ~-~.~ bra sr ~~ ,'~ -_ , m ~ ~ ~, ~ . ~ Fawa n i 1 3 ~- _` ~~(~ _-~ ~ ®. ~`# $tg.i Cato! ~ ~ -10 . a ~ ~ m ~ ~, ajsp ~ ~ ~'~ ;~ _ 'Groce+u ~ ~ V ~ ~a ~ ~~~ ~ ~ ~~D.. ~'rs~ ' LyrrwcroO~Uni~ed '~ ~ /~ , (/~ Ciazen~Pr~ry am~ ~~ l ~~ ~ ~ \ `~ ~ ! `YTiw,od _ _ "~ ~ lP~G~Iic Library /.:5- ~v o ,o ! " C W~~f ~ ~ ~ j ~ b e/7 (,ye ~'~ ~ ~ r "~ - ~ ~~ ~~ Y -u, i ~' ~ ' f ~ `i , - ~ ~, ~,~-'~;~"~ ` a~ .~(~ :rte ~~ ~ _~~ti~ ` ~ ~~~ - , ~ - . r ,1 °~,._ `-.~. J ~ _' ~~'`,;_ _~ ,' ae ° OUy G _ ~~' - ~.~~' d~t~ ~n0 uo~ '~u :~ 4V E S SITE ADDRESS: _3831 MARTIN LUTHER KING 7R. BLVD CASE No.: _VAR 2009-05 APPLICANT: _Super Center Concepts RESOLUTION NO. 3254 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2009-05, TO INSTALL A ~~SUPERIOR GROCERSn 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 JR. 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 December 8, 2009 conducted a public hearing; WHEREAS, the Planning~Commission considered all pertinent testimony offered at the public hearing; and 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 continued the item; WHEREAS, on November 02, 2009 the Site Plan Review Committee recommended approval of the Project subject to Variance No. 2009-05; and «. WHEREAS, on June 10, 2008 'the Planning Commission approved Conditional Use Permit No. 2008-OS 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 "Property); and WHEREAS, per Lynwood Municipal Code, section 25-70-3 (1) (e) the maximum letter height of storefront signs is twenty four inches (24'x; and WHEREAS, per Lynwood Municipal Code, section 25-70-3 (1) (e) the maximum letter height of storefront signs is twenty four inches (24'x; and WHEREAS, Super Center Concepts, ("Applicant's 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, the Development Services Department has determined that the proposal is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (g). Existing Facilities-New Copy of Existing Signs, 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. 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 properly 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. __ ~z~._•,~~.;.~;._ ~__~_A . ~~.~.. ~.x r, 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. ®. 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 2 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. 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 properly 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. 3 6. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. 7. All appeals must be submitted within ten (10) working days of the date of the final action by the Site Plan Review Committee and 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 ir. 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. 4 14. Applicant/property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. LOS ANGELES COUNTY FIRE DEPARTMENT 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 8th day of December, 2009 by Members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Jonathan Colin, Director Pam Lee, City Attorney Development Services Department City of Lynwood s