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HomeMy Public PortalAbout2003.094 (06-03-03)~ RESOLUTION NO. 2003.094 - A RESOLUTION OF THE LYNWOOD CITY COUNCIL APPROVING APPEAL NO. 2003-01 (CONDITIONAL USE PERMIT NO. 2003-02) TO CONSTRUCT A 14,840 SQUARE FOOT DRUG STORE AND CONVERT A VACANT BOWLING ALLEY INTO A 32,005 SQUARE FOOT ~ MEDICAL OFFICE BUILDING AT 3800 - 3840 MARTIN ~ LUTHER KING ]R. BOULEVARD IN THE C-2 (LIGHT COMMERCIAL) ZONE WITHIN THE CIVIC CENTER OVERLAY AREA. IN ADDITION, THE CONDITIONAL USE PERMIT WOULD ALLOW AN OFF-SALE GENERAL ALCOHOLIC BEVERAGE LICENSE AT THE DRUG STORE LOCATED AT 3800 MARTIN LUTHER KING 7R. BOULEVARD, LYNWOOD, CALIFORNIA. WHEREAS, the Lynwood Redevelopment Agency granted development concept approval of the project on February 4, 2003; and WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public hearing on April 8, 2003, and denied Conditional Use Permit No. 2003-02; and WHEREAS, the Lynwood City Council, pursuant to law, on May 6, 2003 conducted a public hearing, considered all public oral and written testimony and continued the item; and WHEREAS, the Lynwood City Council, pursuant to law, on May 20, 2003 conducted a continued public hearing, considered all testimony and continued the item; and WHEREAS, the Lynwood City Council, pursuant to law, on June 3, 2003 conducted a continued public hearing and considered all public oral and written testimony. WHEREAS, the Development Services Department has determined that the project may have significant impacts on the environment, therefore, an Initial Study was performed, Negative Declaration prepared, and appropriate mitigation measures have been included in the project to reduce potential impacts to a level of insignificance pursuant to the provisions of the California Environmental Quality Act (CEQA). Section 1. The City 'Council of the City of Lynwood hereby finds and determines as follows: A. The granting of the proposed appeal and conditional use permit will not adversely affect the comprehensive General Plan. The General Plan Designation is Commercial, that is consistent with the two (2) zoning designations of G2 (Light ~ Commercial) and P-1 (Parking). - B. That the proposed location of the conditional use is in accord with the objectives of this chapter and the purpose of the zone in which the site is located. Both a drug store and medical office buildirigs are permitted uses in the C-2 zone. The purpose of conditional use permits is for an alcohol ~license and development within the Civic Genter Area Overlay zone. C. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The Initial Study identified potential significant impacts pertaining to Land Use and Planning, Transportation/Circulation, Noise and Aesthetics. Conditions of approval and mitigation measures would reduce potential impacts to a level of insignificance. D. That the proposed conditional uses will comply with each of the applicable provisions of this chapter. E. Proper and reasonable provisions have been made for adequate ingress and egress to the property, parking, landscaping and other development standards. F. The project may have significant impacts on adjacent properties, however, mitigation measures ~have been added to the project to reduce possible impacts to a level of insignificance and protect the public health, safety or general welfare. Section 2. The City Council of the City of Lynwood hereby approves APPEAL N0. 2003-01 (Conditional Use Permit No. 2003-02), subject to the following conditions: CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT 1. The applicant, or his/her representative, shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to the conditions included in this Resolution prior to the issuance of any building permits. 2. The applicant shall meet the requirements of the Lynwood Municipal Code, the California Building Code and the Los Angeles County Fire Code. 3. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Community Development Department, Planning Division. ~ 4. This city Council approval is valid for one hundred eighty (180) days and shall become null and void unless the applicant makes progress and is actively pursuing use of such permit. This approval may be extended for an additional ninery (90) days, provided that prior to the expiration date, a request for extension is filed with the Development Services Department, Planning Division in writing. 5. All conditions of approval shall be printed on the cover page of plans prior to submittal to the Building and Safety Division for plan check. PLANNING DIVISION 6. The applicant shall submit a detailed landscaping and permanent irrigation plan prepared by a licensed landscape architect to be reviewed and approVed by the Lynwood Redevelopment Agency prior to the Certificate of Occupancy being issued. Such landscaping plans shall identify a minimum of five percent (5%) of the gross lot area being landscaped. In addition, the applicant shall install sidewalk planters along Ernestine Avenue that provide bouganvillea's, cat claws, or other approved climbing vines to be reviewed and approved by the Planning Division prior to the issuance of building permits. ~ 7. All parking areas shall be permanently paved and maintained and shall be delineated and equipped with bumper guards. Such~parking areas shall be well illuminated and~ secure as to prevent loitering and the attraction of public nuisances. 8. There shall be no outdoor storage of materials or equipment once the Certificate of Occupancy is issued. 9. The business operators and/or property owners shall maintain a proactive approach to the removal of graffiti. Graffiti shall be removed within twenty-four (24) hours. 2 10. All existing signs shall be removed prior to the issuance of building permits. 11. The trash enclosures on the approved site plan shall be constructed of masonry walis on three sides, six feet (6') in height, with solid sight obscuring gates. 12. The applicant shall submit a detailed and comprehensive sign program application. Such sign program shall be reviewed and approved by the Lynwood Redevelopment Agency prior to final approval. - ~ 13. The applicant shall submit a building exterior materials and color sample board. Such materials and colors shall be subject to approval of the Lynwood Redevelopment Agency. 14. During construction, the contractor shall water exposed dirt areas on a daily basis in order to reduce dust impacts on properties in the vicinity. ~ 15. Hours of construction shall be limited from 7:00 a.m. to 8:00 p.m. Monday through Saturday. ' 16. The tenants shall provide interior and exterior security during all hours of operation. 17. The drive through pharmacy window shall have directional signs installed and directional ar.rows delineated to provid'e safe flow of trafFic. 18. The applicant shall provide documentation from the State Department of Alcoholic Beverage Control and submit to the Community Development Department, Planning Division. - 19. No alcoholic beverages shall be consumed on the premises. 20. The tenarits shall post no loitering signs and prevent persons from loitering on the premises during business hours. 21. The applicant shall submit a detailed lighting plan. Additional lighting may be required upon review of such lighting plan. BUILDING AND SAFETY DIVISION 22. AII 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 National Electric Code - 1996 edition; ' The~ Los'Angeles County Fire Code - 1999 edition; , 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. ~ REDEVELOPMENT AGENCY 23. The applicant shall meet all requirements and conditions set forth in the Disposition.- and Development Agreement (DDA). 3 24. The project shall be developed in accordance with the concept approval granted by the Lynwood Redevelopment Agency on February 4, 2003. 25. The applicant shall submit to and receive approval from the Lynwood Redevelopment Division for the following items prior to a Certificate of Occupancy being issued: a) Landscaping plans b) Irrigation plans c) Exterior building materials samples d) _ Exterior building colors samples e) Sign program PUBLIC WORKS/ ENGINEERING 26. Submission and recordation of a parcel map is required. Building permits will not be issued prior to the recordation of a subdivision map. 27. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by Public Works Department. No building permits will be issued prior to the approval of grading plan by the City Engineer. 28. Reconstruct damaged and substandard sidewalk, curb and gutters along Bullis Road, Martin Luther King Jr. Boulevard, and Ernestine Avenue. 29. Construct full width sidewalk on Martin luther King Jr. Boulevard. 30. Close existing drive approach and construct proposed drive approach(es) per APWA -- standards on Bullis Road and Martin Luther King 7r. Boulevard. 31. 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 inch (6'~. 32. Upgrade existing streetlight at 11324/11332 Ernestine Avenue to marble with light fixture, underground services and conduits. 33. Underground all utilities. 34. Underground existing utilities if any modifications are proposed for the electrical service panel. 35. All Edison vaults and structures shall be placed underground. 36. A permit from the Engineering Division is required for all off-site improvements. 37. All required water meters, meter service 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 o6tain a permit .from the Public ~ Works/Engineering Division prior to performing any work. 38. Submit a landscape improvement plan for sidewalk areas surrounding the project site on Bullis Road, Martin Luther King Jr. Boulevard and Ernestine Avenue. Plan is to include use of vines on building walls (Ernestine Avenue side) to deter graffiti. Plan is to be reviewed and approved by the City Engineer. 39. Revise striping layout of Martin Luther King Jr. Bouleyard as necessary to accommodate left turn into parking lot. Striping plan is to be reviewed and approved by the Ciry Engineer. 4 ~ .: 40. This development is subject to the City's Standard Urban Storm Water Mitigation Plan , Ordin'ance (SUSMP). Incorporate the SUSMP in the site grading plan for City's ~ approval. ~ ~ ~ 41. City of Lynwood will proceed with the vacation of the alley south of the project site; ~ . subject to the reciprocal access agreement between developer and the County of Los ~~ ~; Angeles. The developer shall show the alley vacation on the Parcel Map. ~. ~ . ` . LOS ANGELES COUNTY FIRE DEPARTMENT ` 42. The required fire flow for this development is.5,000 gallons per minute for five (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. ~ ~ 43. Iristall public and/or on-site~ and/or upgrade 6" X 4" X 2~/z" fire hydrants, conforming to AWWA Standard C503-75 or approved equal. All . installations must meet Fire Department specifications. Fire hydrant systems must be installed in accordance ~ with the Utility Manual of Ordinance 7834 and all . installations must be inspected and flow tested prior to final approval. ~ 44. Location: Provide the following information on the site plan: ~ Occupancy, type of ~- construction, extent of ~re lanes (indicated on plans by shading or cross hatchin~g), locations and sizes of all fire hydrants within 300 feet of all property lines. ~~ 45. Access: Project subj'ect to Fire .Code Access Standards. ~ - _,. ;~ . . '~' 46. Speciat Requirements: Submit architecturaf drawings, including: site plan, floor plan, ~=~---~ elevations, door and window schedules to Fire Prevention Engineering; 5823 ~ Rickenbacker Road, Commerce,. CA 90040-3027, (323) 890-4125. e Section 3. A copy of Resolution No. 2003.094 and its conditions shall be-delivered to the applicant. ~ PASSED, QPPROVED AND ADOPTED this 3rd day of ]une , 2003. . ~ _~__`_____--_~_--_ - - --- . ATTEST: ;~' ~ • ~ -~ . ~ { ~FERNANDO PED OZA, M or - . City of Lynwood . f ; ~ -~~ ~~~~~.~.~..~. . ~~ ~.- ~t, ~ - ~~-;~t; ANDREA L. HOOPER, City Clerk RRY EM , City M nager . ~ City of Lynwood ~ City of n ood ~ ~ APPROVED .AS T0 CONTENT: GRANT TAYLOR, pecial Assistant , Development Services Department H!\WORDFILE\PLANNING\RESOS\reso2922.council.doc ` J APPROVED AS TO FORM: ~, a r ~~ . C' ' 1 A ES CASSO, City Attorney , .. ity of Lynwood ~ STATE OF CALIFORNIA )~ ~ . . . . )SS ~ . . , COUNTY OF LOS ANGELES - ) ` ~ . ~ I, the , undersigned, City Clerk for 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 . 3rd day of June , 2003. ~,~ ' AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRI~UEZ, P~EDRaZA ~. ~, NOES: lVOIdE - ' ~ ABSTAIN: ~dONE ' - ~ - ABSENT: NQ{~E .~ ' , ~ ~ ,~ ° 'G _ ~ ~L-~, , ;',~ ~ ~ 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 that the above and foregoing is a full, true and correct copy of~Resolution No. 2003.094 . on file in my office and that said Resolution was ~ ~ adopted on the date and by the vote therein stated. ~ . '~ ~~. Dated this 3rd~ day of June , 2003. ' ~ ~ ~ ~ ~~~~, , ~~ .~-f--' . ~ ~ . _ s . ~ .City Clerk, City of Lynwood ~ . ~ ( ' ~, -,-Y1 H:\ W ORDFI LE\PLANNING\RES OS\reso2922. council.do c ~ 6 ~ t - ., ,