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Home My Public Portal About1992-05-12 PLANNING COMMISSION �i- ' �. �• . y , . ,., . ;, � Af3ENDA LYNWOOD CITY PLANNING COMMISSION REGULAR MEETING - 7:30 p.m. City Hall Council Chambers 11330 Bullis Road, Lynwood, CA May 12, 1992 John K. Haynes • Chairperson Jamal Muhsin Carlton McMiller Vice Chairman Commissioner Elizabeth Dixon ' Roy Pryor Commis�ioner Commissioner Donald A. Dove Errick Lee, Commissioner Commissioner C O M H I S S I O N C O U N S E L: Henry S. Barbosa Kenneth Fong ' City Attorney Deputy City Attorney STAFF: Kenrick Karafa-�ohnson, Director Sol Blumenfeld Community Developmen�. Department Development Services Manager Art Barfield Louis Omoruyi ' Planning Associate Planninq Associate John Oskoui Assistant Director Public Works f:minutes:meYi2 � ,: � �, , MAY 12; ,1992 ? ,. r OPENZNG CEREMONIES: A. Call meeting to order B. Flag salute C. Roll call of Commissioners D. Certification of Agenda Postinq, E.. Approval of m.inutes for the April 14, 1992 Planninq Commission Meeting. CONTINOED PQBLIC HEAI2INCi: 1. CONDITIONAL USE PERMIT - CASE NO. 112 Applicant: Riqerberto Flores COMMENTS• The applicant is requesting a Conditional Use Permit in order to establish an automobile tire shop at 12317 Long Beach . Boulevard in the C-2 (Medium Commercial) zone. This item was continued from the April 14, 1992 Planning Commission meeting at applicant request. RECOMMENDED ACTIUN: Staff respectfully request thaC after consideration the ; Planning Commissi.on deny this request. ; NEW PQHLIC BBARINCiB: 2. CONDITIONAL USE PERMIT CASE NO. 110 - . Applicant: Jame� Oh " COMMENTS• The applicant is requesting approval for a Conditional Use Permit to transfer existinq off-sale alcoholic beverages permit from existing market to a new 67,726 square foot market at 3831 E. Martin Luther King Jr. Boulevard in the C-2 (Liqht Commercial) zone. REC01�4IENDED ACTIdN: Staff respectfully requests that after consideration the i Planning Commission adopt Resolution No. 2424. A. Certifyinq that the project is categorically exempt, fro�m the provisions of the Stata CEQA Guidelines as amended by Section 15061 b (3). B. Approvinq Conditional Use Permit No. 110, subject to the stated conditions and requirements. 3. CONDITIONAL USE PERMIT CASE No. 114 Applicant: Louis and Alice Ross COMMENTS: The applicant ie requesting a Conditional Use Permit to • develop a five (5) story, 100 unit motel, and a one (1) story restaurant at 11550 Long Beach Boulevard, in the C2-A (Medium Commercial) and P-1 (Parking Overlay) zones. . f:minutes:aprl4 . 2 RECOMMENDED ACTION Staff respectfully requests that after consideration the " Planning Commission continue this item to the next regularly scheduled meeting of June 9th, 1992. 4. CONDITIONAL USE PERMIT CASE'No. 115 � Applicant: Ramon Chavez COMMENTS The applicant is requesting approval of a Conditional Use Permit in order to develop a thrae (3) bedroom apartment at 10932 Virginia Avenue in the R-2 (Two-Family Residential) , zone. RECOMMENDED ACTZON , Staff respectfully requests that after consideration the ' Planning Commission adopC Resolution No. 2436. A. Certifying that the project is categorically exempt, from tha provisions of the State CEQA Guidelines as amended by section 15061 b (3). B. Approving Conditional Use Permit No. 115, subject to the stated conditions and requirements. 5. VARIANCE CASE No. 14 Applicant: Isabnl & Maria Vazquez COMMENTS The applicant i� requesting a variance to reduce required parkinq from fifteen (15) parkinq spaces to three (3) spaces in order to operate a Garment Factory, Manufacturing Children Clothinq at 2668 Martin Luther King Boulevard. RECOMMENDED ACTION: Staff respectPully request that after consideration the Planning Commission adopt Resolution No. 2434. A. Cartifying that project is categorically exempt from the provision oE tha CEQA Guidelines as amended by Section 1506b (3). B. Approvinq Variance Case No. 14, subject to tha stated conditions and requirements. 6. Zoninq Ordinance Amendment No. 22 Re-Establishment of Commercial Leqal Non-Conforminq Applicant: City of Lynwood COMMENTS• . The City Council has proposed an amendment to Chapter 25, the Official Zoninq Ordinance, with reference to the Re- Establishment of Commercial Legal Non-Conforming uses. Recommended Action Staff respectfully requests that after consideration, the ' Planning Commission denial of Zoning Ordinance Amendment No. 22. 1. Recommend the City Council denial of 2oninq Ordinanae Amendment No. 22. f:minutes:meyl2 3 � , AEGULAR ORDER OF BUSINESS . i , Election of Planninq�Commission Officials in July. STAFF COMMENTS Report on coin laundry location and development standards. - Report on proposed definition for "bona-fide" restaurant. Planning Division Staffing COMMENTS• PUBLIC ORALS Ali Zakari, CUP NO. 79 & 80. 3621 Fernwood COMMISSION ORALS CUP 75, 10133 Long Beach Boulevard, Frontier Market pole sign at 3831 Martin Luther King Boulevard. AD.70URNMENT Adjourn to the reqular meeting oP tha Planning Commission on Juna 9, 1992 at 7:30 p.m., in the City Hall Council Chamber, 11330 Bullis Road, Lynwood, California. • t:miM,«g:m.y�z 4 MINUTES OF A REGULAR MEETING PLANNING COMMISSION ` CITY OF LYNWOOD, CALIFORNIA TUESDAY, APRIL 14, 1992 OPENING CEREMpNIES A. Call to Order The regular meeting of the Planning Commission of the City of Lynwood was called to order by Chairperson Haynes on the above captioned date at 7:30 p.m., in the Chambers of Lynwood City Hall, 11330 Bullis Road, Lynwood, California 90262. B. Pledqe of Alleaiance The flag salute was led by Commissioner pove, all present participated. C. Roll Call of Commissioners Chairperson Aaynes requested the roll call, and Mr. Blumenfeld complied. Present: Commissioner ponald A. Dove Commissioner John K. Haynes Commissioner Errick Lee Commissioner Roy Pryor Commissioner Elizabeth Dixon arrived late. Commissioner Jamal Mushin arrived late. Also Present: Kenneth Fong, Deputy City Attorney Kenrick R. Johnson Community Development Director Sol Blumenfeld, Development Services Manager Art Barfield, Planninq Associate . Louis Omoruyi, Planninq Associate Lewis Morales, Planninq Associata Ted Semaan, Civil Enqineerinq Associate Prasine Martinez, Code Enforcement Manager Commissioner pove said Commissioner McMiller called to say ha might hava to work, but would attend if possible. , Commissioner Dixon called staff to say she miqht be late. MOTION by Commissioner pove, SECONDED by Commissioner Lee, to grant excused absences to Commissioner Dixon and Commissioner McMiller. MOTION passed by unanimous vote. Twenty-one people were counted in the audience and more arrived durinq the meeting. Commissioner MuYisin arrived. Director Karefa-Johnson introduced Mr. Blumenfeld, Development Services Managez, to the Commissioners. He said Mr. Fenderson resigned. F. Certification of Acenda Postina t Mr. Blumenfeld stated tha agenda was posted per 'the Brown Act. , G. Acoroval of Minutes The minutes, which erroneously listed Commissioner pove as absent(on page 1,3, and 4) were corrected by Commissioner pove. � f:minutes:minapr - 1 MOTION by Commissioner pove, SECONDED by Commissioner Lee, to accept Minutes of March 10, 1992, as corrected. _ MOTION carried by the followinq vote: AYES: Commissioner pove, Haynes, Lee, Muhsin, Pryor NOES: None ABSENT: Commissioners Dixon, McMiller ABSTAIN: None Commissioner Pryor changed his previous "yes" vote to "abstain," which changed the March 10, 1992, vote on CUP 110 to vote as follows: AYES: Cammissioners Dixon, Lee, McMiller, Pryor NOES: None ABSENT: Commissioner Haynes ABSTAIN: Commissioners Dove, Muhsin, Pryor ' With the resultinq 3/3 vote, MOTION did not Carry. ` MOTION by Commissioner pove, SECONDED by Commissioner Lee, to-approve new voCe on CUP 110. MOTION carried by the following vote: AYES: Commissioners Dove, Haynes, Lee, Muhsin, Pryor NOES: None ABSENT: Commissioners Dixon, McMiller ABSTAIN: None CONTINUED PUBLIC HEARING: 1. Conditional Use Permit - Case No. 106 11106 Atlantic Avanue (Nativida Basua) Applicant requests approval to sell beer and wine in an existing buildinq in the C-3 (Heavy Commercial) zone. Mr. BlumenPeld introduced Mr. Barfield, who made the presentation and said staff recommended denial. He also discussed a letter from the Sheriff's Department establishing conditions of approval if the Commission so acted. Commissioner Dixon arrived durinq Mr. Sarfield's presentation. Chairperson Haynes opened the Public Hearinq. John Janofsky� attorney for the applicant, 315 W. 9th Street, Suite 916, Los Angeles, Ca. 90015, took the podium. Mr. Janofsky gave a booklet to Mr.Barfield, who handed it to Chairperson Haynes. Mr. Janofsky stated this was an existing establishment that was closed by Code Enforcement because of Code violations in the late 1990 or early 1991. Now, the County Health . f:minuTea:minapr 2 ii . , Department have both approved re-openinq of the bar. '_ All necessary corrections have been made. He said the establishment is not within 500' of any alcoholic sales establishment. Mr. Janofsky distributed a"No Objections" statement signed by nearby residents. He said the applicant will build a wall behind the bar to separate it fr.om nearby homes. All Sheriff"s Department conditions contained in thair letter were accepted by the applicant. Mr. Janofsky offered evidence that the business was in escrow t:o be sold when it was closed. Mr. Fenderson arrived, and sat in the audience. Chairperson Haynes asked why people would spend thousands , and thousands of dollars to improve the business establishment when they knew they couldn't sell beer and � wine. Mr. Janofsky said tha building had to be'brought up to Code before the CUP could be considered. Robert Hernandez, 2719 Treewood Street, Los Angeles, took ,. the podium to say, he walked off the distances to the nearest liquor stores, which was 725' to the south on Atlantia Blvd. and 750' to the north on Atlantic Blvd. There being no one else wishinq to speak in favor of the proposal, Chai.rperson Haynes asked for those wishing to speak against it. Code Enforcement Manager Prasine Martinez took the podium to discuss a long series of violations dating from 1988. She ' said the establishment was closed by Labor and Health � Departments in April of 1990. Althouqh many calls were received from nearby property owners before that date, since - the closure, none have been received. The business was operating illegally in 1990, and Code EnPorcement closed it down. ' Jerome Hunter, 11301 Hulme, said the community does not want any more business establishments selling alcoholic beverages. There ara already too many liquor sales establishments in Lynwood now. LeRoy Gillery, 11752 Bullis Road, stated his objections to any more liquor sales establishments and prisons. Euqena Wilson, 4013 Lynwood Road, said people coming from outside Lynwood don't understand the city and its needs. If they want liquor sales establishments, they should have them in their own cities. The Sheriff's Department doesn't dictate to Lynwood citizens. Ex-Councilman, and Ex-Mayor Robert Henninq, 3952 Lynwood Avenue, stated his opposition. . Chairperson Haynes told Mr. Janofsky that Lynwood residents don't want liquor sales establishments in Lynwood. He stated his personal prefarenca for restaurants without liquor. Commissioner Dixon told Mr. Janofsky that the 90-day limit had been chosen arbitrarily, a cut-off date is necessary. Commissioner Pryor said there are not enough parking spaces and it looks like a dump outside. Mr. Barfield said the City Council wish to discourage any more liquor licenses granted, and besides, the site is too close to residential properties. f:minutes:minepr � 3 Mr. Janofsky said a man is entitled to certain property � , , riqhts, and the City had no technical evidence. Chairperson Haynes told Mr. Janofsky that staff had just said the site violates the City Code by being too close to a residential area. He said Mr. Janofsky can appeal to the , City Council within 15 days. Commissioner Dixon asked Mr. Fonq if the applicant's property rights were violated. Mr. Fong replied the applicant only bouqht the business, not"the property. Commissioner pove said the size of the site is too small. MOTION by Commissioner Lee, SECONDED by Commissioner Muhsin, to deny the application for Conditional Use Permit No. 106. MOTION carried by the followinq vote: AYES: Commissioners Dixon, Dove, Aaynes, Lee, Muhsin, Pryor NOES: None ABSENT: Commissioner McMiller . ABSTAIN: None Chairperson Haynes reminded Mr. Janofsky of his appeal rights. He said a member of the Planning Commission will be at the City Council meeting to defend their vote. ' NEW PUSLIC IiEARINGS: 2. Conditional Use Permit - Case No. 111 3840 E. Martin Luther King, Jr. Boulevard (Shlomo Botach) Applicant requests approval for an on sale beer and wine permit for an axistinq restaurant in the C-2 (Light Commercial) zone. Mr. Blumenfel3 introduced Mr. Barfield, who made the presentation rQCOmmending approval. He said tha Sheriff's Department evaluated the CUP and had no problems with the application. However, this wasn't put in writing. Commissioner Dixon asked how staff intended to monitor the restaurant. Mr. Barfield said alcoholic beveraqes would be sold only • with meals, however, monitorinq will ba by the applicant. If complaints are recaived, staff will respond. Chairperson Haynes stated, strongly, his objections to the CUP. It will be near the public library, a City park frequented by �oungsters, near tha junior high school and homes. He saw no difference between CUPS 106 and 111. Mr. Barfield said CUP 106 was a bar, CUP lil is a restaurant that fits into the redevelopment plan. , Commissioner Lee said he walked through the facility on Monday. The restrooms are not part of the restaurant. The women's restroom has a urinal. The men's restroom is on the other side of the bar facility. He was told by the owner that men use the women's restroom. the old swapmeet area is easily accessible to the restaurant, and the structure on that side of the buildinq is in very bad condition. The CUP covers the entire facility, not just the eatinq area. f:minutes:minarp � � 4 If approval is qranted, he would like two restrictions - incorporated into the motion. 1. Restrict the CUP to just the restaurant area and, 2. Require adjustments to the site so patrons can't walk through the entire facility. The property was clean and he noticed patrons eatinq there. A good restaurant should be able to survive without alcohol. Commissioner Lee said the ordinance is very vague as to what constitutes a bona-fide restaurant. He would like the ordinance rewritten. Commissioner pove said he saw a distinction between this restaurant and CUP 106. He aqrees that liquor must be controlled, sold only at the dinner hour. Mr. Blumenfel3 promised that staff will bring an improved definition of a bona-fide restaurant to the next meetinq. . Commissioner pove asked if there will be a bar and Mr. . Blumenfeld said no, just an eating area. Chairperson Haynes opened the Public Hearing. Acelia Monterria, 3840 E. Martin Luther Kinq, Jr. Boulavard came to the podium to say that patrons are not allowed in the back. Only one restroom is used, but usage is controlled so that only one person is thera at any qiven time. This is a family restaurant, no bar will be added. Chairperson Haynes said he'd eaten there, the food is excellent, but he agrees with Commissioner Lee that a good restaurant should be able to survive without liquor. Commissioner Lee agreed the food is qood, but anybody can walk anywhere on site. He restated his objections to the restroom usage. Shlomo Botach, 2220 S. BedPord Street, Los Angeles, rose to say the property is costinq him a fortune every month. The property taxes are $16,000 a year. He said Director Kenrick Karefa-Johnson told him if he improved the restaurant he could hava the beer and wine permit. He must have the beer and wina permit to survive. , Commissioner Lee asked Mr. Botach iP he would accept the additional conditions and Mr. Botach said he would accept any restricCions. He doesn't have enouqh business now. Commissioner Lea said the site is a mess and he wants landscaping maintained properly. _ There beinq no one elsa wishing to speak in favor of the proposal, Chairman Haynes asked if anyone wished to speak against it. Former Councilman, and Mayor Robert Henning, 3952 Carlin Avenue, rose to say a leqitimate market just across the street was denied a parmit to sell beer and wine. He reminded the Commissioners that the alcohol permit qoes with the property, not with the owner of the person operatinq the , facility. He anticipates a full bar there in a couple of years. There are homes across the street. He also eats there and doesn't have to have alcohol with his meal. LeRoy Gillery, 11752 Bullis Road, rose to say the Sheriff's Department will be moving in 1993. He would like to see a restaurant at that location where juveniles can be employed, such as McDonald's or JaCk-in-Box. Other restaurants survive without alcohol. The Commission's recommendation should be the same as the previous CUP. f:minutes:minepr 5 Jerome Hunter, 11301 Hill, rose to say the community doesn't want beer and wine sold. Ae has eaten there and it's fine without beer nr wine. He reminded the Commissioners the location is close to the park, school, Bateman Hall and the swimming pool. Eugene Wilson, 4013 Lynwood Road, rose to say these people are from Los Angeles and they should establish their business in there own town. There are already too may drunks in Lynwood. There beinq no one else wishinq to speak, Chairperson Haynes closed the Public Hearing. Commissioner Dixon commented that a fine family restaurant should be able to do well without alcohol. Other avenues besides alcohol should be explored. Commissioner Muhsin said the restaurant already has a non- drinking clientele. They could be successful servinq only non-drinkers. Commissioner pove said he's eaten there and the food is good. He woul,d want the conditions written properly and would require a return trip by staff inspectors. He named several fine restaurants outside Lynwood that serve liquot as models of what he would like to see in Lynwood. Commissioner Pryor said there's a difference between the two CUPS. Tha City should be broadminded or there won't be any good restaurants in the City. He wouldn't eat a Mexican dinner without beer. He agreed that the toilet facilities are bad, but said the applicants are trying hard. Commissioner Lee said he couldn't support the CUP "as is." There would have to ba tha additional conditions he mentioned before. He doesn't think a good restaurant has to have beer and wine. The site is close to the park, library and residential areas. Commissioner Pryor said such proposals have been approved in the past. Chairperson Haynes said the liquor license goes with the entire property, not just part of the property. Commissioner pove said the sita plan should specify that liquor is to be sold only in the restaurant. Mr. Fong said the license goes with tha land but reasonable restrictions can be imposed. Chairperson Haynes said he aqrees with the citizens but he doesn't want to close out fine restaurants like Marie Callender's and the The Captain's Table. Commissioner Muhsin asked about tha lack of comments from the Public Works Department and Fire Departmant. Ted Semaan said Public Works has no say on on-site conditions (with respect to a CUP for alcoholic beveraqes). Commissioner Lee listed the conditions he wants imposed. 1, adequate separate toilet facilities for men and women; 2, a temporary barrier so patrons can't qo into the rest of the buildinq, which is a disaster; 3, the beer and wine license should cover only the present restaurant, and, 4, the landscaping must ba improved and maintained. t;mirwtea:minapr , 6 MOTZON SY Commissioner pove, SECONDED by Commissioner Pryor, ' to approve Resolution No. 2438, "A RESOLUTION OF TAE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING A CONDITIONAL USE PERMIT CASE NO. 111 TO OPERATE A RESTAURANT WITH ALCOHOLIC BEVERAGES (BEER AND WINE) IN THE C-2 (LIGHT COMMERCIAL) ZONE, 3840 MARTIN LUTHER KZNG JR. BOULEVARD, LYNWOOD, CALIFORNIA," subject to the stated conditions and requirements plus four added conditions: 1, adequate separate toilet facilities for men and women; 2, a temporary barrier so patrons can't go into the rest of the building; 3, beer and wine license should cover only the present � restaurant, and 4, the landscapinq must be improved and maintained, and certifying that the project is cateqorically exempt from the provisions of the State CEQA Guidelines as amended by Section 15061 b(3). AYES: Commissioners Dove, Pryor NOES: Commissioners Dixon, Lee, Haynes ABSENT: Commissioner McMiller ABSTAIN: Commissioner Muhsin Chairperson Haynes told the applicants thay can appeal to City Council within fifteen days. 3. Conditional Use Permii - Case No. 112 12317 Long Beach Boulevard (Rigerberto Flores) Applicant requests approval to establish a tire shop at 12317 Long Beach Boulevard in the C-2A (Medium Commercial) aone. Applicant is in Mexico and requests a postponement until the next reqularly scheduled meeting of the Planning Commission on May 12, 1992. MOTION to postpone Conditional Use Permit - case No. 112 to the next reqularly scheduled meeting of the Planning Commission on May 12, 1992, by Commissioner Pryor, SECONDED , by Commissioner Lee. MOTION carried by the following vote: AYES: Co�missioners Dixon, Dove, Haynes, Lee, Muhsin, Pryor NOES: None ABSENT: Commissioner McMiller ABSTAZN: None Chairperson Haynes excused himself. 4. Conditional Use Permit Case No. 113 11731 Second Avenue (Tom Sampson) Applicant reque3ts approval to develop a triplex in tha R-2 (Two-Family Residential) zona. Mr. Blumenfeld introduced Mr. Omoruyi, who made the , presentation. Vice-Chairperson Muhsin opened the Public Hearing. � Tom Sampson, 1200 Cornish Avenue, came to the podium to question Condition No. 12, requiring a block wall fence. Mr. Blumenfeld said this is a standard condition always required. Chairperson Haynes, who had returned, said no alternatives and no variances are ever allowed on this condition. f:mirwtea:miropr � Mr. Sampson continued to object, so Mr. Blumenfeld aqain - said this is a standard condition necessary in this case because of tha site's proximity to the freeway. Mr. Blumenfeld offered to meet with the applicant at another time. Chairperson Haynes asked if staff hadn't already met with Mr. Sampson. Mr. Omoruyi said they had, but Mr. Sampson wanted to meet with the Commissioners without coming to a mutual agreement with staff. Mr. Sampson said he didn't want to pay for sidewalk and street improvements in front of his neighbor's house and installation of a wheelchair ramp (Condition Nos. 33 and 35). Mr. Semaan defended this requirement on the grounds that Caltrans had already improved Mr. Sampson's property. Chairperson Haynes said the wheelchair ramp requirement should stand, but agreed with Mr. Sampson that it is unfair to expect him to pay for his neighbor's property improvements. Mr. Sampson said he wants to change the position of the entrance to the freeway side, not as shown on the site plan, because of the flood plain requirements. He discussed raisinq the buildinq by four feet. Mr. Blumenfeld said staff wants the entrance away from the freeway, would prefer that the garage be located on the freeway side. Also, landscaping should be located between . the house and the freeway. Chairperson Haynes said the Commission would take a five minute break to give Mr. Sampson and staff a chance to settle their difference. After the break, Chairperson Haynes called the meeting to order. He repeated his comment that it's not fair for the Public Works Department to expect Mr. Sampson to pay for improvements in front of his neighbor's property. Mr. Semaan said the City doesn't have enough money to pay for those improvements. Mr. Blumenfeld said stafP and Mr. Sampson had mutually decided to proceed to request approval of tha CUP "as is," and the site plan will remain "as is." ., Chairperson Haynes asked if anyone else wished to speak in favor of the proposal. - Lewis Ross, 11600 Lonq Beach Boulevard, cama to the podium to express his agreement with Chairperson Haynes that the City shouldn't expect the builder to pay for his neiqhbor's public right-of-way improvements. There being no one else in the audience wishing to speak in favor of, or in opposition to the proposal, Chairperson Haynes closed the Public Hearing. , Commissioner Pryor and Commissioner Muhsin agreed with Chairperson Aaynes and Mr. Ross. Mr. Semaan said perhaps the City could assist Mr. Sampson. MOTION by Commissioner Pryor, SECONDED by Commissioner Muhsin, to approve Resolution No. 2431, "A RESOLUTION OF f:mirwtes:minep� • 8 . TAE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 113 FOR THE CONSTRUCTION OF A ' TRIPLEX AT 11731 SECOND AVENUE IN THE R-2 (TWO-FAMILY RESIDENTIAL) ZONE, LYNWOOD, CALIFORNIA," deletinq Condition No. 33, subject to all other stated conditions and requirements and certifyinq that the project is cateqorically exempt from the provisions of the State CEQA Guidelines as amended by Section 15061 b(3). MOTION carried by the following vote: AYES: Commissioners Dixon, Dove, Haynes, Lee, Muhsfn, Pryor NOES: None ABSENT: Commissioner McMiller ABSTAZN: None 5. Variance Case No. 12 SE Corner of Santa Fe and Cedar Avenues (Wilber Owens) Applicant requests approval to allow reduction of the required lot area and lot depth for a single family dwelling in the R-1 (Single Family Residential) zone. Mr. Blumenfeld introduced Mr. Barfield, who made the presentation. Mr. Barfield said the unique shape of the lot requires the variance. Chairperson Haynes opened the Public Hearinq. , Mr. Wilber Owens, 91203 Nestor, Carson, came to the podium - to say he will do the best he can with this trapezoidal lot which is not in the flood zone. He said he plans to build the type of home typically found in the City of San Francisco. There being no one else in the audience wishing to speak in favor of, or in opposition to the proposal, Chairperson Haynes closed the Public Hearing. ^ Chairperson Haynes, Commissioner Dixon and Commissioner pove expressed their approval of tha builder and his proposal. MOTION by Commissioner pova, SECONDED by Commissioner Muhsin, to adopt Resolution No. 2427, "A RESOLUTION OF THE PLANNING COMMISSION OF TAE CITY OF LYNWOOD APPROVING A VARIANCE REQUEST (CASE NO. 12) TO REDUCE THE LOT AREA FROM THE REQUIRED 5,000 SQUARE FEET TO 4,060 SQUARE FEET, AND , REDUCE THE LOT DEPTH FROM THE REQUIRED 100 FEET TO 89.59 FEET IN ORDER TO DEVELOP A TWO (2) STORY SINGLE-FAMILY RESIDENTIAL DWELLING IN THE R-1 (SINGLE-FAMILY RESIDENTIAL} , ZONE AT THE SOUTHEAST CORNER OF SANTA FE AND CEDAR AVENUES, LYNWOOD, CALIFORNIA," findinq that hardship has been established that would requira a Variance for Case No. 12 as determined by 5ection 25-26 of the City of Lynwood Zoning Code and findinq that the applicant/properties in the same vicinity if Variance Case No. 12 is approved. MOTION carried by the following vote: AYES: Commissioners Dixon, Dove, Aaynes, Lee, Muhsin, ' Pryor NOES: None ABSENT: Commissioner McMiller ASSTAIN: None � f:minutea:miropr . 9 6. AFCtuisition of Joraensen Steel Cornoration Office at 10700 S. Alameda Street in the M(Industrial) zone. City requests approval for conformance with the General Plan. Mr. Blumenfeld introduced Mr. Omoruyi, who made the presentation. Chairperson Haynes being absent, Vice-Chairperson Muhsin opened the Public Hearinq. There being on one in the audience wishinq to speak in favor of, or in opposition to the proposal, Vice-Chairperson Muhsin closed the Public Aearing. Chairperson Haynes discussed the possibility of using the property for City office space, thus eliminatinq the need for tha present trailers. ' MOTION by Commissioner Muhsin, SECONDED by Commissioner Dixon, to approve Resolution No. 2430,, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING ACQUISITZON OF JORGENSEN STEEL CORPORATZON OFFICE AT 10700 S. ALAMEDA STREET IN THE M(INDUSTRZAL) ZONE, LYNWOOD, CALIFORNIA, 90262," findinq that the acquisition of subject � property will not have a signiPicant effect on.the environment and certifyinq the negative declaration and adequate, and approving the finding that the subject acquisition is in conformance with the General Plan. MOTION carried by the following vote: AYES: Commissioners Dixon, Dove, Haynes, Muhsin, _ Pryor _ NOES: None ABSENT: Commissioner McMiller ABSTAIN: Commissioner Lea 7. Conditional Use Permit - Case lOSM 10901 Atlantic Avenue (BCF Properties, Inc.) AgQlicant request approval to modify Conditional Use Permit Case No. 105 to reduce area of buildinq in the C-3 (Heavy Commarcial) zone. Mr. Blumenfeld told the Commissioners that the applicant's request has been withdrawn. The applicant wants to retain his original Cup because he has found the funds necessary to continue. MoTiON carried by the following vote: AYES: Commissioners Dixon, Dove, Haynes, Lee, Muhsin, Pryor NOES: None ABSENT: Commissioner McMiller ABSTAIN: Nona ' REGULAR ORDER OF BUSINESS None f:mirwtes:miropr . 10 STAFF COMPSENTS � Mr. Blumenfeld distributed a draft discusaing the distribution of new laundromats in the City of Lynwood. Ha then called Code Enforcement Manaqer Martinez to the podium. Officer Martinez discussed various laundromats within tha City. The City has had problems with the laundromat located at the southeast corner of Norton/Lonq Beach Boulevard concerning qraffiti and water overflowing. The City has had problems with tha laundromat located on Atlantic, north of Carlin, north of the Lynwood Market, concerning overgrown vegetation and their permit for the storage bin has expired. - Commissioner Lee discussed the laundromat directly across from the last one. Problems exist with broken windows, trash bin overflowinq and the toilet facility is filthy. Officer Martinez replied that Code Enforcement Officers have been there, the business is packed every weekend and the dirt is probably a , direct result of the high volume. Chairperson Haynes expressed his worries about heavy water usage. Commissioner Dixon said the high volume at this particular laundromat is because that owner charges fifty cents per load, whereas the older established businesses charge seventy-five cents per load. . .. Commissioner Lee said he visited all five sites owned by the concerned laundromat operators who attended the Commission's previous meeting, and they were all so Pilthy he wouldn't consider washing his clothes there. Mr. Blumenfeld said staff will brinq a recommendation to the May 12, 1992, meeting. All .Commissioners aqreed with this suggestion. PUBLIC ORALS Ali 2akeri, 11630 Ramona Avenue, Hawthorna, concerning CUPS 79 ad 80 at 3618 and 3621 Fernwood Avenue. Mr. Omoruyi talked with him. CUPS 79 and 80 were granted with the promise of Mr. Zakeri that he and his brother would ba livinq in tha two homes. Mr. Zakeri is not living there, the property is up for sale, and there has been illeqal construction in the garaqe. Mr. Zakeri said he qava the property away two months ago, on February 14, 1992. Tha gentlemen who was qoing to sall him the "move on" duplex backed out: He was before the Commission in May 1991 and is still workinq on the grading plan. Ha has done everything required concerning CUP S0, he submitted the site plan and signed acceptance of conditions. Chairperson Iiaynes questioned staff about time limits. Mr. Zakeri said CUP 79 has been completed and sold. He is still working on CUP 80. He probably won't get the duplex he intended to move on, but he is willing to build ona exactly like it. , Chairperson Haynes said the requirements were not met within the time limits. Mr. Fong said it would be within the Commisaioners' discretion to revoke the CUP if conditions were not met within the time limits. Commissioner Muhsin asked Mr. Zakeri how much longer he needs and Mr. Zakeri asked for 90 days. Chairperson Haynes said Mr. Zakeri was already past the Public Works deadlines by 90 days. � f:minutes:minapr 11 . Mr. Zakeri said the person who checks the plans wasn't good enough at his job to work at City Hall. Mr. Semaan said he did the last plan check. Mr. Omoruyi said the existing CUP will not apply.to a new building. The present CUP is for a"move on" only. Mr. Semaan said the Public Works Department has no time restraints as to grading plan approval. MOTION by Commissioner Haynes, SECONDED by Commissioner Dixon, to revoke CUP 80 because the applicant did not comply with Public Works conditions. Vote was as follows: AYES: Commissioners Dixon, Lee, Pryor NOES: Commissioners Dove, Pryor ABSENT: Commissioner McMiller ABSTAIN: Commissioner Muhsin MOTION by Commissionar Lee, SECONDED by Commissioner Dixon to bring CUP 80 back to the Commission at its May 12, 1992 meetinq. MOTION carried by the following vote: AYES: Commissioners Dixon, Dove, Haynes, Lee, Muhsin, Pryor NOES: None ABSENT: Commissioner McMiller ABSTAIN: None Mr. Fenderson, 13339 Crockett, Los Anqeles, came to the podium to discuss a pole sign owned by his client. It was agreed by all present that staff will check out the situation and brinq a report to tha Commisaion at its meeting on May 12, 1992. COMMISSION ORAIS AAJOURNMENT MOTION was made by Commissioner Haynes, SECONDED by Commissioner Dixon, to adjourn to the reqularly scheduled meeting of the Planning Commission on May 12, 1992 and carried unanimously. Meeting adjourned at 12:15 a.m. - f:minutes:minapr ' � � 12 DATE: May 12, 1992 �� •M N, TO: PLANNING COMMISSION r��' �- �! f i � v,''::. __ . _� FROM: Kenrick Karefa-Johnson, Director Community Development Department SUB.7ECT: Conditional iTse Permit Case No. 112 Applicant: Rigerberto Flores Pr000sal• The,applicant is requesting a Conditional Use Permit in order to establish an automobile tire shop at 12317 Long Beach Boulevard in the C-2 (Medium Commercial) zone. This item is continued from the April 14, 1992 Planninq Commission meeting at applicant request. Facts• 1. Source of Authority Section 25-16.15 of the Lynwood Municipal Code requires that a Conditional Use Permit be obtained in order to operate any business with respect to automobile uses. On December 17, 1991, the City Council adopted Ordinance No. 1367, establishing a Moratorium on automotive related land uses. This Ordinance is applicable to the subject request. 2. ProDerty Location The subject property consists of a regular shaped lot on the west side of Long Beach Blvd. batween Carlin Avenue and Burton Avenue (5ee attached Location Map). 3. Pronertv Size The subject property is approximately 6,479 square feet in size. 4. Existina Land Use The subject site is flat and contains an eiqht (8') feet high concrete block wall. The surroundinq land uses are as follows: North-Commercial East-Commercial South-Commercial/Residential West-Residential 5. Land Usa Descriotion General Plan: o in : North- Commercial North- C-2A South- Commercial South- C-2A East- Commercial East- C-2A West- Residential West- R-2 � f:eup:cup112 . 1 6. Proiect Characteristics The applicant proposes to renovate an existing use as a tire shop. The operation will contain an office, a bathroom, and a work area. The proposal calls for a five (5') foot front yard, a twenty-fivz (25') foot rear yard, four (4) parking spaces, three (3) standard size spaces, includinq one (1) handicap space. Seven (7$) percent landscapinq is desiqned for the subject site. 7. Site Plan Review At its reqular meeting on Wednesday, April 1, 1992 the Site Plan Review Committee evaluated the proposed development and recommended a denial to the Planninq Commission. 8. Zoning Enforcement History None of record. 9. Public Resconse None of record at tha time this report was prepared. ANALYSIS AND CONCLUSION: 1. Consistencv with General Plan The proposed land use is consistent with the existing zoning classification (C-2A) Medium Commercial and General Plan designation of Commercial. Therefore, granting Conditional Use Permit No. 112 will not adversely affect the General Plan. 2. Site Suitabilitv The property is adequate in size and shape to accommodate the proposed development relative to structures, parkinq, walls, fences, landscapinq, driveways and other development features required by the Zoning Ordinance. 3. Com�atibilitv • The proposed development is surrounded by a mixture of commercial developments; therefore, the project will be compatible with the surrounding land uses. However, residential uses are to the north of the proposed use. 4. Comnliance with Develooment Standards The proposal meets the development standards required by the Zoning Ordinance with respect to setbacks; lot coverage; building height and density. However, Ordinance No. 1367, adopted on December 17, 1991, places a Moratorium on all automotive related land use. 5. Benefits to Communitv The proposal will not assist in upgrading the commercial use of the property and support the Commercial intent of the General Plan, given the imposed Moratorium. 6. Environmental Assessment The Community Development Department Staff has determined that the project is Categorically Exempt pursuant to Section 15061 b(3) of the State of California Environmental Quality Act of 1989 as amended. f:cup:tup172 2 RECOMMENDATION• Staff respectfully requests that after consideration the Planninq Commission deny this request. Prepare by: Reviewed by: ATTACHMENTS: l. Location Map 2. Site Plan • :'� t:cup:cuptt2 3 � LOCATION iViAP � , , I t ,.�,�„• — � , <r I � r � ' �71i" W : f t �� . / , j' i �d � � lt � '\!' I � 1 .. «--� � � � ia / . I i /�� O q'J. 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"� "1• + �O , ` ��i� ��N � �� ^ .� �: n I � � ry n n s ' �t i09 .�v] ��7 �J� .y I / n ,� ��I ti�� rso UYlI o PALM ' o .,y .. � � /� •,�� - � °' • AVENUf s � I ' / / is � � � � �+ a � ' , a is ��]�]� ; �J i� �„f "� � �� //11N 01� )SO o �` -' l 7 d �� a "1 ^° � u � ,• � ° ,. J � � � u�i u73� � . �7 � n � � . I % � / !� ! ,�r � � y.� ro � � �. ^,, � _ �,,. ° � • .�sJ,��, o ' - / D�. f ni �l� '� � �� : 7�e •i�„ � . ... i �- .,- . '� . nTS..,e , ; I I I I � � � � I CASE N� �. , � __ /�? � ___ ___ _ _ _ _______ � . DATE: May 12, 1992 A�E�anA IT M NO . � T0: PLANNING COMMISSION r�1 C- � I�; u u, 1•..l_ _.� FROM: Kenrick Karefa-Johnson, Director Community Development Department SUBJECT: Conditional Use Permit Case No. 110 Applicant: James J. Oh • Proposal• _ The applicant is requesting approval for a Conditional Use Permit to transfer existing off-sale alcoholic beverages permit from existing market to a new 67,726 square foot market at 3831 E. Martin Luther King Jr. Boulevard in the C-2 (Light Commercial) zone. On March 10, 1992, during a regularly scheduled Planning Commission meeting, the Planninq Commission approved this request. However, on April 14, 1992, during a reqularly scheduled meetinq, a request was made by a Planning Commissioner to change his vote in this matter in order to avoid a conflict of interest. The vote resulted in a tie. At the request of the Planning Commission Chairperson this case is returned to the , Commission for further consideration. Facts• 1. Source of Authoritv Ordinance No. 1306 of the Lynwood Municipal Code Section 25-16-60 requires that a Conditional Use Permit be obtained in order to continue selling alcoholic beverages for on-site or off-site consumption in a new esiablishment. 2. Propertv Location ° The subject property consists of one lot on the northeast corner of E. Martin Luther king Jr. Boulevard and Bullis Road. (See attached Location Map). � 3. Propertv Size The subject proparty is an irregular lot approximately 302,100 square feet in size. 4. Existina Land Use The subject site is flat, containinq a 47,003 square foot food market to be demolish after the construction of the new market. The surrounding land uses are as follows: North - Residential East - Residential South - Commercial West - Commercial/ Residential 5. Land Use Descriotio,� General Plan: Zonina: North- Single Family North- R-1 - South- Commercial South- C-2 East- Sinqle Family East- R-1 and Cluster Housing . � r:cup:cupvo . 1 � � � 6. Proiect Characteristics: The applicant proposes to transfer the existinq off-sale alcoholic beveraqes permit from present Frontier Food warehouse to a new 67,726 square foot Food warehouse (Market). The proposed development was approved by the Planning Commission on Auqust 13, 1991 (CUP 90). 7. Site Plan Review At its regular meeting on February 27, 1992, the Site Plan Review Committee evaluated the transfer of off-sale alcoholic beverages permit and recommended approval to the Planning Commission, subject to specific conditions and requirements. 8. Zoning Enforcement History None of Record. 9. Public Response None of record at the time this report was prepared. ANALYSIS AND CONCLUSION: 1. Consistencv with General Plan The proposed land use is consistent with the existing Zoning Classification (C-2) Light Commercial and General Plan designation of Commercial. Therefore, qranting Conditional Use Permit No. 110 will not adversely affect the General Plan. - 2. Compliance with Development Standards The proposal does meet the development standards required by the Zoning Ordinance with respect to distance to residential land uses. However, the use is existing, and the proposed CUP needs to be transferred to the new market upon completion. 3. Environmental Assessment Staff has found that no substantial environmental impact will rasult from the proposed transfer of use; therefore, a Negative Declaration has been filed in the Community . Devalopment Department and in the office of the City Clerk. . , RECOMMENDATION• ,� Staff respectfully requests that after consideration, the Planning Commission adopt tha attached Resolution No. 2424: 1. Finding that the Conditional Use Permit, Case No. 110, will not have a significant effect on the environment - and certifyinq the negative declaration as adequate. 2. Approving Conditional Use Permit No. 110, subject to the stated conditions and requirements. Prepared by: Reviewed by: � ' t:cup:cup90 2 � ATTACHMENTS• l. Location Map 2. Resolution No. 2424 3. Site Plan i . j r 'j � � i ,� � � f:cup:cup90 3 ��/� d/7� 'ON �Sd� j _:;; . _ .o _. • . .,, .... .! ' �„ � a, : . �� ' � .,��, ; r `�� 1 :�i; q Y ' ` , i f z k q �!� •C f.p•�`�' 4 i ��5 � �„ d � r ,ei 0 l � � n c+ . 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E.,.;'' �',`n f� . f, � ` � ,N ' ; j �i� • Ir,�'. �� p �� . rc , . � ; , ,. �, •� e , �� w , • t/ f�' �j i �' , /,� ��/, � 8.J � t ►I �� t w �f � �� /77M/ [T f/ � � �� • ��o�� ,� i Ml/7/7 `��.� - '•t.e r y i Of �.n.�� I� Vt� f� � ,.7�t �.,; . !� a� oo•M w�ra� � i •c^"a i - iTTi�Z — '__`�'_J Mq � ��1 •� 5' ., :' . � ,..: Tra�•�i , . o � -'; � ZM1f'��' ti�F ' $ � 'rl e �.r_�L= "••__ �/I `�� i `„�' I=.� i ! C ' � '.rri .i � t^ • •�'�' = 4 ' � i7 �M��' •� .t �� o �'•' .�• �� . rrooN u6F � L I,�!ac=:�„ �� k : t� �� y , �, s � —�/V� .�y18�° x•�,., ,�� va 1 N� 1 7iF' 1 . � � � � tt °� ° ' �r 1 � t «� ` "� t, � ntP',u�c „�C I'� �tf' C ' � . �:tf' f � � . ��«{` 1 a � i � 1 ��f SlK : ni�', 1 I' p.1 • �. • � � \ �; �uf11`� y 't+�' _� " � ' \. ..�ti,�' , � 1 . � Il�d�O� »rs 7�Y �. . . . . . � � C F @If ��I .I/ !/ �I i� �V/ 4 �, !/ I � RESOLUTION NO. 2424 � A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL ,, USE PERMIT NO. 110 FOR THE TRANSFER OF ' OFF-SALE ALCOHOLIC BEVERAGES PERMIT FROM EXISTING TO PROPOSED FRONTIER FOOD WAREHOUSE (MARKET) AT 3831 E. MARTIN LUTHER KING JR. BOULEVARD IN THE C-2 (LIGHT COMMERCIAL) ZONE, LYNWOOD, CALIFORNIA 90262 WHEREAS, the 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 environment, and has therefore declared a Negative Declaration for the project; and WHEREAS, a Conditional Use Permit is required for development of a new commercial use in area designated as Commercial under the General Plan and in a C-2 (Light Commercial) zone. Sectien 1. The Planninq Commission hereby finds and determines as follows: ' A. The Conditional Use Permit is for the transfer of existinq off-sale alcohol beverages permit to the proposed market. : Section 2. The Planning Commission of the City of Lynwood, based upon the aPorementioned findings and determinations, hereby approves Conditional Use Permit, Case No. 110, provided the following conditiona are observed and complied with at all times. . COMMUNITY DE�IELOPMENT DEPARTMENT General 1. Tha proposed use shall comply with all applicable ' regulations oP the Lynwood Municipal Code, the Uniform Building Code and the Uniform Fire Code. 2. Any proposed subsequent modification of the subject site, use or structures thereon, shall be first reported to the Community Development Department, Planning Division, for review. ' 3. The applicant and/or his representative shall siqn 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. f:reso2424 � , • 1 PLANNING DIVISION 1. The applicant and /or his representative shall comply with all conditions on resolution 2424 for CUP 90 approving the construction of a new 67,726 square foot market (Frontier Food Warehouse) 2. Off-sale liquor establishments shall not sell or store motor fuels on the same premises as alcoholic beverages, except upon conditions of the following: (A) No beer or wine shall be displayed within (5) feet of tha cash register or the front door unless it is in the permanently affixed cooler as of January 1, 1987. (B) No advertisement of alcoholic beveraqes shall be displayed at market windows or buildings. (C) No self-illuminated advertising for beer or wine shall be located on buildings or windows. (D) Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine. Section 3. A copy of Resolution 2424 shall be delivered to the applicant. APPRO�IED AND ADOPTED this 12th day of May 1992, by members of the . Planning Commission votinq as follows: . y. AYES: NOES: ABSENT: � ABSTAIN: John k. Haynes, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Kenrick Karefa-Johnson, Director Kenneth Fong Director Community Development Deputy City Attorney Department �� . . � t:�esozcu , 2 I — ' a:� DATE: May 12, 1992 ,�UFNDA ITEM N0 . • TO: PLANNING COMMISSION r � n r n�n l„4 � �: + , �,� . FROM: Kenrick Karefa-Johnson, Director Community Development Department SU&TECT: Conditional Use Permit - Case No. 115 Applicant: Mr. Ramon Chavez PROPOSAL• The applicant is requesting approval of a Conditional Use Permit , to develop a three (3) bedroom dwellinq unit at 10932 Virginia Avenue in the R-2 (Two-Family Residential) zone. FACTS: 1. Source of Authority Section 25-4.2 of the Lynwood Zoninq Ordinance requires that a Conditional Use Permit be obtained for any residential development in the R-2 (Two-Family Residential) zone. 2: Prooertv Location: - The site is located on the east side of Virginia Avenue and the south side of Los Flores Boulevard and at 10932 Virginia Avenue. (refer to the,attached location map). 3. Prooerty size• , The site consist of a irregular shaped lot, approximately 8,480 square feet in size. 4. Existina Land Use: The property is currently developed with a single-family _' dwelling unit. The surrounding land uses are as follows: North - Multi-Family Residential South - Multi-Family Residential � East - Multi-Family Residential West - Mu1ti-Family Residential 5. Land Use Desianation: The Genaral Plan Designation for the subject property is Town House & Cluster Housing while the Zoning Classification is R-2. the surrounding land usa designations are as follows: General Plan Zoning North - Commercial North - R-1/R-2 ' South - Town House & Cluster Housing South - R-2 East - Town House & Cluster Housing East - R-2 West - Commercial West - R-2 6. Proiect Characteristi,cs - The applicant proposes to develop a two (2) story dwelling unit with livinq room, dining room, kitchen, three (3) bedrooms, and a two (2) car garage on an irregular shaped lot with an existing dwelling. The design calls for a minimum of 25 percent landscaping. The existing dwelling will be improved, and a two (2) car garage proposed for each unit. f:staffrpt:cup115 1 7. Site Plan Review: On May 5, 1992 the Site Plan Review Committee evaluated the proposed development and recommended approval to the Planninq Commission, subject to specific conditions and ' requirements. 8. Zonina Enforcement Historv: None of record. 9. public Response: None of record at the time this report was prepared. ISSUES AND ANALYSIS 1. Consistency with General Plan The proposed land use is consistent with the existing zoninq � classification (R-2), and tha Genera2 Plan designation, Town House and Cluster Housing. Therefora, qrantinq Conditional Use Permit No. 101, will not adversely affect the General Blan. 2. Site suitabilitv The subject property is adequate in size and shape to accommodate the proposed development ralativa to the proposed density; bulk of the structures; parking; walls, fences; driveways, and other development features required by the Zoning Ordinance. Furthermore, the subject property is adequately served with the required public uti2ities and offers adequate vehicular and pedestrian accessibility. 3. Comnliance with Develooment Standarda � . The proposed development meets all the development standards � required by tha Zoninq Ordinance regarding off-street ' parkinq; front, and rear yard setbacks; lot coverage, height, unit size; and density. 4. ComDatibilitv The proposed project will be located in a neighborhood that is substantially transitioned from sinqle-family to two- family residences. Located to the north are single-family/ multi-family dwelling. Properties located to the south, east, and west are developed as single-family/multi-family residential respectively. 5. Conditions of Approval The improvements proposed, subject to the conditions recommended by the Site Plan Review Committee, will not have a negative effect on the values of the surrounding properties or interfere with or endanqer the public health, , safety or welfare. 6. Benefits to Community The proposed development will enhance the neighborhood and will act as a catalyst to foster other quality developments. Moreover, the development will add favorably to the City's • housing stock in conformance with the policies off the Housing Element off the General Plan. f:staffrpt:cup115 2 7. Environmental Assessment ' The Community Development Department Staff has determined that the project is categorically exempt pursuant to Section . 15061 B(3) of the State of California Environmental Quality Act of 1989 as amended. RECOMMENDATION• j Staff respectfully requests that after consideration, the Planninq Commission adopts the attached Resolution No. 2436: i � 1. Certifying that the project is cateqorically exempt from the provision of the State CEQA Guidelines as amended by Section 15061 b(3) 2. Approving Conditional Use Permit, Case No. 115 subject to the stated conditions and requirements. Prepared By: Reviewed By: ATTACHMENTS 1. Location Map 2. Resolution No.2436 • 3. Site Plan � � � f:stetfrpt:cupNS 3 . _ LOCATION MAP �� _Jy' /-- \� - J'�' � .°"��r+w'�° - �'� � � � cR °� � �� \ � �. �— 1�� , /��> �-�� 111 �' . \\ ', j� ��, � � _ \� � / ,,�� p �, 0 9 e �� I . � l� � \`�_= %� � �� - � s. •~\� �� / � � / '�� 2 ` � , ,� �� ` �� \ .. � � a � / . •_' 8: 6 � 4 A �09� N \ \ . � \\ � � ` �� 9 . ' rA �� °s\ � \ � . '. .. �� . p _ 4�� . ' � �� /� �,_ � � \ . , \q \3 . , y �, , 4\� : � � i ` 9 � j "`�'+Yj \ \ \ � , ' �" � \ \ � p � '?�� i. A ' • �i , . - �S � �� , I • � � �' � \ � � n � ^., � B� �. � �,� 4 , �� \ . a , .`'. ��.:, i rm� a ..w N '�'�L. `\\ 1 . � ' ��. .v. _.r m ^,.- �,. � _ � \� � '`o R ,�•� � y � g � ____ _ � - ''' �\ �\ � � -'� s �' � ° �j � ~o ,o• -- ,"" , .� ' � _ ,g . "• ,\� \. � . � ... ", � �� M •-•' :• 0�.... ti � m R 'e�� .� �n o• \ \ TQ . �"N "u ` Y 1� � • 01 � •.�� !tl�M �j � a ' ^ iP B - (� � 'Y\ \ 3 I :: i9- R c� °T "1 ,.'�i �( . r " m ', . ... «� _� A _ � p � �_� � . } � A ��- ^ ,�. '� ' �- � ' - �.��_� � ✓ —I" • • ��a L � Ij , < � , �l � �� A a . U �� , 4 .. � 10 � . � . °N' �} , � � $ N _ 2 � B �jcY'� : \ .. ' ' ', A m "• �• � � � . \ i — -'Or 7—'� a Atl ' . $ \ . "' v� -e—_ � � ��•% `� . II � I — —•r i . �- ,. . . � 4 �,.. .:L a �.. i ► i i: ` � � � , � �� ,� � I , � i � �. I p CASE N � , o. Gr�P � , , � - RESOLUTION NO. 2436 ' A RESOLUTZON OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDZTIONAL USE PERMIT NO. 115 FOR THE CONSTRUCTION OF A TWO (2) STORY, THREE (3) BEDROOM DWELLING UNIT AT 10932 VIRGINIA AVENUE IN THE R-2 (TWO-FAMILY ` RESIDENTIAL) ZONE, LYNWOOD, CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public hearing on the subject application; and WHEREAS, the Planninq Commission, considered all pertinent testimony offered at the public hearing; and WHEREAS, the Cominunity Development Director has determined that the proposal is exempt from the provisions of the State CEQA Guidelines Section 15061 b(3), as amended; and WHEREAS, a Conditional Use Permit is required for development in the R-2 (Two-Family Residential) zone. Section 1. The Planning Commission hereby finds and determines as follows: A. The site of tha proposed use is adequate in size and shape to accommodate the structures, parkinq, 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 propertias or interfare with or endanger the public, health, safety, or welfare. C. Tha site will be devaloped pursuant to the current zoning requlations and sita plan submitted and approved by the Site Plan Review Committee. D. The grantinq of the Conditional Use Permit will not adversely affect the General Plan. E. Tha proposed davelopment will add Pavorably to the housing stock and will provide additional affordable ; priced housinq in concert with the policies of the � Housing Element of the General Plan. F_ The proposed devalopment will aesthetically upgrading , the area and will act as a catalyst in fostering other I quality developments. Section 2. The Planninq Commission of the City of Lynwood, � based upon the aforementioned findings and determinations, hereby -approves Conditional Use Permit, Case No. 115, provided the following conditions are observed and complied with at all times. COMMUNITY DE�IELOPMENT DEPARTMENT ' 1. The proposed development shall comply with all applicable ! regulations of tha Lynwood Municipal Code, the Uniform Building Code and the Fire Code and be in substantial � compliance with plans on file with tha Community Development � Department. i 2. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Community ; Development Department, Planninq Division, for review of said Conditional Use Permit. ' f:resolutn:rceo2436 � 1 i I I � 3. The applicant shall meet the requirements of all other City Departments. 4. The applicant and/or his representative shall siqn a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of any buildinq permits. PLANNING DIVISZON CONDITIONS 5. The applicant shall contact the U.S. Post Office (Lynwood main office) to establish the location of mail boxes serving the proposed development. 6. This Conditional Use Permit shall lapse and become void one hundred and twenty (120) days after the use permitted has been abandoned or has ceased to be actively exercised. 7. Construction shall commence within (6) months from date of issuanca of building permits. 8. Landscaped areas are to be a minimum of twenty-five (25�) percent of the lot area. 9. Landscaping and irriqation shall be installed in accordance with a detailed plan to be submitted and approved by the Planninq Division prior to issuance of any buildinq permits. The minimum plant material shall be trees and shrubs combined with ground cover as follows: One (1) five (5) gallon shrub for each 100 square feet of landscaped area; and two (2) fifteen gallon trees for each 500 square feet of landscaped areas. The southerly portion of the property shall be landscaped with a minimum oP ten trees 15 gallons. l0. The required front, rear, and side yards shall ba landscaped and shall consist predominately of plant materials except for necessary walks, drives and fencas. 11. A minimum of two (2) car garages par unit. 12. A six (6') foot high block all shall be installed alonq the perimeter of the property, except within the twenty (20') foot front yard setback. In this frontaqa, iP built, the wall shall not exceed a height of four (4') feet measured from top of curb. 13. No side yazd shall be less than five (5') feet. 14. Final buildinq elavations, including materials of construction, shall be submitted to and approved by the I Building Official and the Planninq Division prior to � issuance of any buildinq permits. 15. Before any building permits shall be issued, the developer � shall pay $1.58 per square foot for residential buildings to the Lynwood Unified School District, pursuant to Government � Code Section 53080. � 16. All driveway and parking areas shall be paved. i 17. Acoustical construction materials shall be used throughout j the units to mitiqate freeway noise to the standards and I satisfaction of the Building and Safety Division. f : resolum: roso24S6 � 2 �� ;� i 18. The roof shall be constructed with a non-reflective material includinq shingles, asphalt composite, architectural ' shinqles, and other similar roofinq material that is not reflective, glossy, or polished and/or rolled formed type metal roofinq. 19. Residential structures shall have an exterior sidinq of brick, stucco, wood, metal, concrete, or other similar material other than tha reflective qlossy, polished and/or rolled-formed type metal siding. 20. All front yard setbacks must be measured from inside the street dedications. 21. Prior to obtaininq a building permit, the design of the exterior elevation of the building must be approved by the Director of Community Development or his/her designee. 22. All building elevations shall ba architecturally treated 'in a consistent manner, includinq the incorporation within the side and rear buildinq elevations of same or all of the design elements used for the primary (front) facades. 23. That the applicant submit elevation drawinqs to the Planninq Division showing the exterior buildinq desiqn; including the specification of colors, and materials. 24. All security fences, grills, etc. shall be architecturally compatible with tha desiqn oP tha subject and adjacent building. In addition, no security fences, grills, etc. shall be installed without the prior written approval of the Director of Community Development. 25. Air conditioners, heating, cooling ventilation equipment, swimminq pool pumps and heaters and all other mechanical devices shall be located within the rear yard or street. 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 residents, in accordance with tha City's Noisa Ordinance. 26. The vacant lot shall be cleaned and maintained in sanitary I condition pendinq construction and shall ba maintained in a � neat and orderly manner at all times. Failure to comply may , result in revocation of the Conditional Use Permit. � 27. A cover sheet of approved conditions must be attached to � plans prior to submission to the Building and Safety Division. � 28. Entity will maintain a pro-active approach to the � elimination of graffiti from the structures, fances and an ; accessory buildinq, on a daily basis. i 29. For the purpose of providing heating Por any dwellinq � proposed, only an enerqy afficient forced air furnace shall ' be used, and that the usa oP any wall furnace shall be expressly prohibited. � PUBLIC WORKS ENGZNEERING DEPARTMENT 30. Provide documentation that lots composinq the property were legally tied together and leqally split lot 187 to the ; satisfaction of the Department of Public Works. After reviewinq the documents, tha Department of Public Works may , require the submission and recordation oP a parcel map or ' lot merqer. 31. Submit a copy of property deed or recent title report to the Department of Public Works. h reso W tn: reso2G36 � 3 I I ; 32. Submit a drainage plan. Drainage plan will ba checked by Department of Public Works. No permits will ba issued prior to the approval of drainage plan. 33. Reconstruct damaged and substandard drive approach(es), per City standards. 34. Construct one (1) wheelchair ramp(s) at: southeast corner oP Virginia Avenue and Los Flores Boulevard. 35. No access throuqh the rear alley is allowed. Alley will be vacated in the future. 36. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. 37. Install two (2) 24" box street trees per City of Lynwood standards along: Virqinia Avenue and Los Flores Boulevard. Species to be determined later by department of Public Works. A to install the trees is required by the Engineering Division. Exact locations of the tree(s) will be determined at the time the permit is issued. 38. Reqrade parkway and landscape with grass. � 39. Provide and install one (1) marbelite street pole with liqht fixture, underground services and conduits along Virginia Avenue. 40. Underqround all utilities. 41. Undarground existinq utilities if any modifications are proposed for the electrical service panel. 42. A permit from the Enqineerinq Div is required for all off-site improvements. . 43. All required water meters, meter servica chanqes and/or fire protection lines shall be installed by the developer. The work shall be by a licensed contractor hired by tha daveloper. The contractor must obtain a permit from the I Public Worka/Engineering Division prior to parforminq any work. , FIRE DEPARTMENT No Comment i Section 3. A copy oP this resolution shall be delivered , to the applicant. ' APPROVED AND ADOPTED this 12th day of May, 1992 by members of tha Planninq Commisaion voting as follows: � AYES: NOES: � ABSENT: ; ABSTAIN: I � � t:resoWtn:reao2676 � 4 � i i � I . John K. Haynes, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Kenrick Karefa-Johnson, Director Kenneth Fong Community Development Department Deputy City Attorney i I i f:roeolutn:reso2�36 ' I f I 1 i 5 — � I DATE: May 12, 1992 TO: PLANNING �o��SS�oN AGEN�A 1TEM N0. �, . � �� FROM: Kenrick Karefa-Johnson, Di or�;•.� Community Development Department SUBJECT: Variance Case No. 14 Applicant: Isabel & Maria Vazquez Pr000sal• The applicant is requestinq a variance to reduce the required parking from fifteen (15) parking spaces to three (3) parking , spaces in order to operate a Garment Factory Manufacturing of Children Clothinq at 2668 Martin Luther King Jr. Boulevard in the � M (Industrial) zone. i Facts � i i. Source of Authority while Section 25.1.41 of the Lynwood Municipal Code regulates � parkinq in all commercial and industrial zones, Section 25- � 26 requires that a Variance be obtained from the Planninq � Commission when, because of the special circumstances i applicable to the property, the strict application of the ' Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and undar identical zoning � classification. 2. Prooertv Location and Size � The site is located between Alameda Street, and Santa Fe ' Avenue. (RePer to the attached location map). It is trianqular in shape and measured at approximately 5,000 square feet in size. , 3. Existinq Land Use ' The sita is daveloped with a warehouse structure and is surrounded by the Eollowing land uses: � North - Industrial I South - Residential I East - industrial West - Industrial 4. Land Use Descrintion General Plan Zoninq North - Industrial M South - Residential M ; East - industrial M West - Industrial M 5. Project Characteristics The property is currently devaloped with a warehouse , structure. The purpose of the variance is to reduce the required parking from fifteen (15) parking spaces to three (3) parking spaces in order to operate a Garment Factory ' Manufacturinq of Children Clothinq. Tha existing warehouse � provide for three parkinq spaces,and is approximately 2,775 square feet in area. The applicant claimed that employees car pool, walk or use bus for transportation to and from work. ' f:var:var7< . 1 ' � . 6. Site Plan Review At its regular meeting of April 30, 1992, the Sita Plan Review Committee reviewed and recommended approval of the variance request. 7. Zonina Enforcement History None of record. e. Neiahborhood Resnonse None of record at the time of preparation of the staff report. ANALYSIS AND CONCLUSION: i 1. Consistencv with General Plan i I The proposed land use is consistent with the existing Zoning I classification M and the General Plan designation of � Industrial. � 2. Site Suitability The property is adequata in size to accommodate the proposed � addition. However, given current development standards � relative to parkinq, there is an inability to provide the � required parkinq on the site; therefore, requiring a variance to be considered for the project. Another alternative way is ; to find off-street parking within (300) feet radius. ! 3. compatibility � The proposed children clothing is compatible with other uses � on neighboring properties. ; 4. Comoliance with Development Standards , Specific Findings: ' The property is a substandard lot with a hardship experienced that would require an exceptional privileqe and does meet the � Stata requirements for findinqs oP a Variance. Therefore, grantinq of this variance would not set a precedent in the � City that would eventually result in the increased density of this nature. Staff's determination of these findinqs is to recommend ` approval of the Planning Commission on the variance request. ; 5. Environmental Assessment ' The Community Development Department Staff has determined that the project is categorically exempt pursuant to section 15061 b(3) of the State of California Environmental quality Act of 1989 as amended. RECOMMENDATION Staff respectfully requests that after consideration the Planninq Commission approval of the Variance request: � A. Findinq that a hardship has been established that would require a Variance for Case No. 14 as determined by � Section 25-26 of the City of Lynwood Zoninq Code. f:ver:varl4 � � 2 I B. Finding that the applicant/property owner will be deprived of privileges enjoyed by the owners of other • properties in the same vicinity if the recommendation of denial is upheld. Prepared By: Reviewed By: Attachments 1. Location Map 2. Resolution No. 2434 3. Site Plan � � I � I i t:var:varl4 ' 3 I I ' ( 1 �. � ! �r °' sr atci ° . , I � � � ,V y0 s " � _a" ' � ; � ��,.- " i ^ I I , M L \ � � � O � 7� L � r z E � C = � i � � 7 ~ � I p�LaG ',7cn� a � = ua a a , O d� • i � ° � I z ��y � n . O J4yw �G /� � �o za . � a x • `` i • _ I - � z� yc q �s cif� y ` - I J • • . O ct�. 'aant u1: _ .�� _ -- —� � � __ L0, • 7LLl r ' _ I Z ��Li .7LL � cGdk . - Ji6 : 'JCG Ll �� )G� Cu.i,+� NoY i (,Q�Q��N STRfEl o I ' � ,�� D „ . �,.-� � - �,.ra , r. , „�o` '�� "' ' ' � � � = / •r �� ~ ./ ° � ' v � � - �. e � - . �� / • q . I . �'��— '� v / a��p / . � , a � � / . , =ao, �9 � p �6 �P_-_ i. . , NG"� � a � . �� ' ' 1 �� i��- I 9 ti ti � ��e $ ry ` O .�..�OQ ,7P��' ^ai � � � � i.:�vor _ Z, . . o m��io7� � a�f� ` o a' ` _rie� � cmet� �� ...,�� ' �. , � v�x ia RESOLUTION NO. 2434 A RESOLUTION OF THE PLANNING COMMZSSION OF THE CITY OF LYNWOOD APPROVING A VARIANCE REQUEST (CASE NO. 14) TO REDUCE REQUIRED PARKING FROM FIFTEEN (15) SPACES TO THREE (3) SPACES IN ORDER TO OPERATE A GARMENT FACTORY MANUFACTQRING OF CHILDREN CLOTHING IN THE M(INDUSTRIAL) ZONE, AT 2668 MARTIN LUTHER KING BOULEVARD, LYNWOOD CALIFORNIA. WHEREAS, the Planning Commission of the City of Lynwood, pursuant to law, held a public hearinq on subject application; and WHEREAS, the Commission has carefully considered all pertinent testimony offered at the public hearinq; and WHEREAS, the project is consistent with the intent of the General Plan in that the subject sita is classified M (Industrial) zone; WHEREAS, the Community Development Director has determined that the proposal is exempt from the provisions of the State CEQA Guidelines Section 15061b(3j, as amended. Section 1. The Planninq, Commission of the City of Lynwood �� finds and concludes as follows: I i A. The strict or literal interpzetation and enforcement of � Section 25-4.12 of the Lynwood Zoning Ordinance would , result in practical difficulty.or unnecessary physical I hardship inconsistent with the objectives of this i chapter. � B. Thera are special circumstances applicable to the ; property in that tha building/structura is an existing I warehouse and it was originally developed to comply with , prior, not current, parkinq regulations. ; C. The strict or literal interpretation and enforcement of ! Section 25-4.12 would deprive the applicant of I privileqes enjoyed by tha owners of other properties � which have maintained parking in tha front yard setback. ; D. That granting of tha variance as conditioned will not ' constitute the qranting of a spacial privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone. E. That the granting of the variance will not be detrimental � to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. F. That tha qrantinq of the variance will not adversely, ! affect the orderly development of the City. section 2. The Planning Commission of the City of Lynwood, ; based upon the aforementioned findinqs and determinations, hereby approves Variance Request Case No. 14 provided the following i conditions are observed and complied with at all times. f:resolutn:reso2434 � � 1 i � COMMUNITY DEVELOPMENT DEPARTMENT CONDITTpNS 1. The proposed development shall comply with all applicable requlations of the Lynwood Municipal Code, the Uniform Building Code, and the 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 Yeview of said Conditional Use Permit. 3. The applicant shall meet the requirements of all other City Departments. 4. The applicant or his representative, shall sign a Statement of Acceptance within fifteen (15) days from the date of receipt of this Resolution by the Planning Commission. Signing this statement implies that applicant or his representative has read, uaderstands and agrees to the conditions of this Resolution. PUBLZC WORKS/ENGINEERING CONDITZONS "NO COIYIldENTS" • FIRE DEPARTMENT "NO COMMENTS" Section 3. A copy of Resolution No. 2434 shall be delivered to the applicant. APPROVED AND ADOPTED this 12th day of May, 1992, by - members of Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: John K. Haynes, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Kenrick Karefa-Johnson, Director Kenneth Fong Community Development Department Deputy City Attorney � � f:resoWtn:resd434 � 2 3 DATE: Mdy 12� 1992 ri��D� "� IVu �,�,ZD ZZ � TO: Planning Commission C fiC�_ �', J. �-- FROM: Kenrick-Karefa-Johnson, Director Community Development Department SUHJECT: Zoning Ordinance Amendment No. 22 Re-establishment of Commercial Legal Non-Conforminq PROPOSAL The City Council has proposed an amendment to Chapter 25, the official Zoning Ordinance, with reference to the re-establishment of Commercial Legal Non-Conforming uses. BACKGROUND With the adoption of the Lynwood Ganeral Plan, and the extensive down zoning and reclassification associated with the amendment, some Lynwood commercial properties have become Leqal Non- Conforming. As a result, many residents who want to refinance their homes located on commercially zoned property, are having refinancing problems with lenders who want clarification, on General Plan land use desiqnations relative to real property loans. ' . ISSUES AND ANALYSIS The intent of the ordinanca amendment is to allow commercial , properties, which have become Legal Non-COnforming as a result of the Lynwood General Plan update to rebuild. Because property owners are having problems refinancinq their homes, (due to legal non-conforming status) an ordinance amendment to allow , reconstruction has been suggested. The amendment would assure � banks that if properties were destroyed by fire or any other natural disaster, property owners would have the right to rebuild. , The second part of the ordinance amendment deals with commercial properties which were Legal Non-Conforming, prior to the General Plan update. This section also deals with a property owners • ability to rebuild in case oP a natural disaster. If such a disaster were to occur, and tha property ware damaged more than fifty percent, the property owners would have the riqht to � rebuild as long as construction started within a year of the disaster. Pursuant to City Council direction, Staff has prepared the `' subject amendment. However, Staff is uncomfortabla with the ' direction of the proposed amendment in that it works at cross . purposes with the City's adopted General Plan which provides for the eventual transition oP non-conforming uses through new � construction and redavelopment. , � The proposed amendment will make it more difficult to realize the t , goals and objectives of the General Plan by precludinq the City's ' ability to require new deveTopment in conformance with General Plan land use desiqnations. i� a The subject ordinance fulfills financinq requirements for lending � institutions, but does not fulfill the intent of the General Plan. , ��i t RECOMMENDATION , Staff respectfully requests that after consideration, the Planning Commission denial of 2oninq Ordinance Amendment No. 22: , 1. Recommend the City Council denial of 2oning Ordinance Amendment 230. 22. t:zoa:zoe22a F . 1`� Prepared By: Received By: Attachments: 1. Resolution No. 2426 2. Zoning Ordinance Amendment No.22 f:zoe:zoa22a