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Home My Public Portal About2002.189 (12-17-02)~,y+•..X,s.^,y7.; ;;~`~•., _ ~ , t ~.~ ~~{ . , ''.t , jF ' u ~; RESOLUTION NO. 2002. ig9 A RESOLUTION OF THE CITY COUNCIL OF ~l THE CaTY OF LYNWOOD APPROVING APPEAL NO. 2002-05 AND THEREBY OVERTURNING THE PLANNING COMMISSION DECISION TO DENY THE ENVIRONMENTAL ASSESSMENT FOR SITE PLAN REVIEW NO. 2002-_17, AN INTIAL STUDY/NEGATIVE DECLARATION. FOR A 30,360 SQUARE FOOT FALLAS PARADES STORE AT 3545 MARTIN LUTHER KING JR. BOULEVARD, IN THE CB-1 (CONTROLLED BUSINESS) ZONE, LYNWOOD, CALIFORNIA. r WHEREAS, the Lynwood City Council, pursuant to law, on December 17, 2002 conducted a public hearing regarding the Planning Commission's decision to deny the environmental assessment for Site Plan Review No. 2002-17, to construct a Fallas Parades Store; and WHEREAS, the Lynwood City Council considered all pertinent testimony ofFered ~~ at the public hearing; and ; a ~ WHEREAS, the Lynwood Planning Commission, pursuant to law, on November 12, 2002 conducted a hearing and denied the Environmental .Assessment for Site Plan Review No. 2002-17. ~ Section 1. The Lynwood City Council hereby makes the following findings and determinations: ~ A. The Initial Study/Negative Declaration ,is in compliance with provisions set forth in the California Environmental Quality Act (CEQA) guidelines. Staff has reviewed the project, identified potential significant impacts, and included mitigation measures and conditions of approval that would reduce potential impacts to a level of insignificance. B. The location of the project is in accord with the Lynwood Municipal Code, specifically, Lynwood Municipal Code Section 25-7.(b)(14) that identifies department stores as a permitted use in the CB-1 (Controlled Business) zone. r ~ C. The applicant has applied for Site Plan Review pursuant to Lynwood - Municipal Code Section 25-7.2 for the construction of a new building in the CB-1 zone. D. The applicant has complied ~with Lynwood. Municipal Code Section 25-32 that sets forth process and procedures for Site Plan Review. E. The Lynwood _ Redevelopment Agency granted concept development approval of the project on August 6, 2002. ~ ' ~:.5 7i: a .J: `-, ~~ ` f: i y4 ^i H:\WORDFlLEIPLANNINGV2ESOSUeso.appeal2002-OS.fallasparades.doc - 1 - F. The Site Plan Review Committee granted approval of the project subject to compliance with CEQA on September 26, 2002. G. The project will comply with all standards of the Lynwood Municipal Code, California Building Code, and other applicable laws and regulations. H. The project, as conditioned, will not be detrimental to the public health, safety or general welfare, and will not be injurious to properties in the vicinity. Section 2. The Ciry Council of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Appeal No. 2002-05, thereby overturning the decision of the Planning Commission, certifies the Initial Study/Negative Declaration, and approves Site Plari Review No. 2002-17 provided the following conditions are observed and complied with at all times. / COMMIJNITY DEVELOPMENT DEPARTMENT The project shall comply with all applicable regulations of the Lynwood Municipal Code, the California Building Code and the Los Angeles County Fire Code. 2. The project development is subject to the plans approved by the Lynwood City Council on December 17, 2002 and on file in the Planning Division of the Community Development Department. Any proposed subsequent modification of the subject site or structures thereon, or expansion shall be first'reported to the --± Community Development Department, Planning Division, for review. , 3. The property owner shall sign a Statement of Acceptance stating that he has read, understands, and agrees to the conditions stated herein before a certificate of occupancy is approved. 4. The approval of Appeal No. 2002-05, Initial Study/Negative Declaration and Site Plan Review No. 2002-17 shall lapse and become null and void one hundred eighty (180) days from the date of the approval unless all conditions of said permit are met and the certificate of occupancy is issued or substantial progress has been made toward establishing this land use. 5. When this approval is subject to lapse it may be renewed for an additional ninety (90) days, provided that prior to the expiration date, an application for renewal is filed with the Planning Division. The Planning Division shall approve said renewals. 6. All conditions of approval must be printed on the cover of plans submitted to the Building and Safety Division for plan check approval. ~ PLANNING DIVISION 7. All landscaping and irrigation shall be installed in accordance with a detailed, plan, which shall be approved by the Planning Division prior to the issuance of a Certificate of Occupancy. Such landscaping plans shall include or be accompanied by plans for an automatic irrigation system. A minimum of seven percent (7%) of the property project area shall be landscaped. 8. The project shall provide a minimum of one hundred twenty-one (121) parking stalls. All required parking areas shall be permanently paved, striped and have bumper guards and such parking areas shall be well lighted. C 9. Prior to signs being installed, the property owner or applicant shall submit detailed sign plans to the Planning Division and obtain required permits. ~ 10. There shall be no outdoor storage of materials or equipment of any_ kind once ~ the Certificate of Occupancy is issued. 11. A proactive approach to the removal of graffiti shall be maintained at all times. Graffiti shall be removed within twenty-four (24) hours. 12. The applicant or property owner~shall provide at least one (1) trash enclosure to be constructed of solid block on three (3) sides, six feet (6~ in height and equipped with a solid and sight-obscuring gate. Such trash enclosures shall be adjacent to the building and easily accessible to the solid waste contractors. 13. All exterior artificial light shall be directed and shielded to prevent light intrusion to adjacent properties. A lighting plan shall ~be submitted to and approved by the Planning Division prior to issuance of a certificate of occupancy. 14. The applicant or properry owner shall delineate directional traffic arrows on-site in the parking lot within vehicle access aisles. ~ 15. ' The properry shall be maintained in a neat and clean manner at all times. ,-, 16. The applicant or property owner shall comply with Lynwood Municipal Code ~; Chapter 25-14.7 pertaining to "Trip Reduction and Travef Demand Measures." 17. If required by the Public Works Department, the applicant .or property owner shall submit grading and/or drainage plans prepared by a licensed 'engineer. 18. Hours of construction shall be limited to Monday through Saturday from 7:00 a.m. to 7:00 p.m. only. 19. The applicant or property owner shall contact the Lynwood Unified School District and provide documentation to the City regarding the status of the San Luis Educational Village on the subject property. 20. The property owners and contractors shall allow city representatives full access to the premises to perform any inspections during regular business hours. REDEVELOPMENT DIVISION 21. Building materials and colors shall ~ be reviewed and approved by the Redevelopment Department. The applicant or property owner shall submit a sample board of materials and colors. BUILDING AND SAFEIY DIVISION 22. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: The Uniform Building Code - 1997 edition; The Uniform Plumbing Code - 1997 edition; The Uniform Mechanical Code - 1997 edition; The Los Angeles County Fire Code - 1999 edition; The National Electric Code - 1996 edition; H:\WORDFlLE~PLANNINGUiESOStreso.appea12002-OS.fallasparades.doc ' 3 - All as amended by the California Building Code of 1998. In case 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 DEPARTMENT 23. Reconstruct damaged sidewalk along Martin Luther King Jr. Boulevard fronting the property. 24. Reconstruct damaged and substandard drive approach(es) per APWA standards. 25. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. When connecting to an existing lateral, contractor shall verify the size of such lateral and provide proof of its integrity. Minimum size required is six inches (6'~. 26. Trim and root prune three (3) existing street trees and install root barriers on Martin Luther King Jr. Boulevard fronting the properry. 27. Install five (5) 24" box street trees per APWA standards along Abbott Road fronfing the property. Species to be determined by Public Works. A permit to ~.install the trees is required by the Engineering Division. Exact locations of the ~"'~ trees will be determined at the time the permit is issued. ; 28. Regrade parkway and landscape with grass on Abbott Road. 29. Underground all utilities. 30. All Edison vaults and structures shall be placed underground. 31. A permit from the Engineering Division is required for all off-site improvements. 32. All required water meters, meter service changes and/or fire protection lines shall be installed by the developer. The work-shall be perfor.med~~ 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. LOS ANGELES COUNTY FIRE DEPARTMENT 33. Submit two sets of Architectural plans to the Fire Prevention Engineering offices located at 5823 Rickenbacker Road, Commerce, CA 90040. Plan sets shall contain a minimum of site plan, floor plan, elevations, door and y`window ~ schedules and appropriate section details. Please provide o~ architectural ' sheets. No civil, electrical, mechanical, plumbing, etc. 34. Indicate on plans the Type of Construction, Building Code Occupancy Classification, Area of Each Floor, and Building Area Justification. 35. Provide a minimum unobstructed width of 26 feet, clear to the sky, vehicular access to within 150 feet of all portions of exterior walls. Crosshatch designated fire lanes and label them "No Parking - Fire Lane." The access shown does not comply with this requirement. (Note: if the building is 35 feet tall or greater, the required access width increases to 28 feet.) 4 ' ~ +~ ,;~ v~,, `.:a'i 36. On the site plan, show the location of all existing public fire hydrants within 300 feet of all property lines and call out the hydrant size and dimension to property lines. Also show any on-site fire hydrants as well. ~ ~, , ~~ 37. The required fire flow for on-site fire hydrants is 2,500 gallons per minute at 20 psi. Each on-site hydrant must be capable of~flowing 1,250 gallons per minute at 20 psi with any two hydrants flowing simultaneously. 38. Complete and return the original "Water Availability" Form No. 196. 39. Provide an Automatic Fire Sprinkler System throughout the building as required by Building Code 904.2.8 Submit plans for approval prior to installation. 40. Additional requirements may be imposed (in accordance with applicable codes, regulations, standards, policies, etc.) after the above information is reviewed. ~ Section 3. A copy of this Resolution shall be delivered to the applicant. ~ Section 4. Any violation of said conditions in this resolution may resul,t in revocation or modification of the Appeal or Site Plan Review by the issuing body at a regularly scheduled public hearing. ' PASSED, APPROVED and ADOPTED this 17th day of December, 2002. ATTEST: ~l ANDREA L. HOOPER, City Clerk, City of Lynwood APPROVED AS TO FORM: /~ /~ j i ICHA L MONTGOMER -~ity Attorney i ~ ~. __-~.=y~% ~ -;o .~ ; jF RNANDO PEDROZA, yor Ciry of Lynwood ~~ , w o~', ~FAU ` N GONZA ~` ' -- Manager City of Lynwood APPRO D AS TO CO . _~/I/~/.~ LOUIS MO~ALES, Director of Community Development H:\WORDFILE~PLANNINGUtESOS~rew.appea12002•OS.fallasparades.doc - 5 - i STATE OF CALIFORNIA ) , )SS ' COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 17th day of December, 2002. AYES: COUNCILMEN BYRD, RICHARDS, RODRIGUEZ, AND PEDROZA NOES: CUUIdCILMAN REYES ABSTAIN: NONE ABSENT: ~da~E ~- City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. ~nn~ _~ Rq on file in my office and that said resotution was adopted on the date and by the vote therein stated. Dated this 17th day of December, 2002. O~ ~ City Clerk ~ .. ; ~ ~.~,~ `:.~, ~~ 6