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HomeMy Public PortalAbout08-14-90 PLANNING COMMISSION ' c r� � , � � � CITY CLERK ; , � _,.� t ' A G E N D A� ,��1 f� _B_ � ; .�._----------- � LYNWOOD CITY PLANNING COMMISSION R E C EIV E D � CITY OF LYNWO�b F REGUL�AR MEETING - 7: 30 p.m. CITY CLERKS dFFIC� City Hall Council Chambers 11330 Bullis Road, Lynwood, CA � AUG 091990 7 � 8 i 9 il0illi12ili2i3�4 i $�g AUGUST 14, 1990 i � �� ��� � ,' �."�`�' °l'�0� Donald A. Dove ��'�'�`, , >.�;' . Chairperson John K. Haynes Carlton McMiller Vice Chairman Commissioner Lena Cole-Dennis Roy Pryor Commissioner Commissioner Jamal Muhsin David J.Willis, Commissioner Commissioner C O M M I S S I O N C O U N S E L• Henry S. Barbosa Douglas D. Barnes City Attorney Deputy City Attorney STAFF: Kenrick Karefa-Johnson, Director , Aubrey D. Fenderson Community Development Departmemt Planning Manager _ Art Barfield Louis Omoruyi Planning Associate � ' Planning Associate Louis Morales � Planning Technician disk75:eupust 1 . _ ;�,�, DATE: August 14, 1990 �;����d�A ITEM N0. � TO: PLANNING COMMISSION CAJE IYO, �_��/ �� FROM: Kenrick Karefa-Johnson, Director Community Development Department SUBJECT: Conditional Use Permit - Case No. 40 Applicant: Aubrey Gray PROPOSAL• The applicant is requesting approval of a Conditional Use Permit , .•id 'operate an auto carburetor repair service in conjunction with an auto parts store, at 12540 Atlantic Avenue in a CB-1 (Planned Business) zone. This item was continued from the July 10, 1990 Planning Commission hearing, to give Mr. Gray time to negotiate for extra parking spaces within the required 300 feet, and to ' allow for the printing establishment to move out of the rear portion of the building. ; FACTS• , 1. SO[JRCE OF AUTHORITY Section 25-7.3.g. and 25-16.15 of the Lynwood Zoning Ordinance requires that a Conditional Use Permit be obtained in order to operate any business with respect to automobile uses. 2. PROPERTY IACATION The property is located on the east side of Atlantic Avenue north of Olanda Street (refer to attached location map). 3. Prooertv Size � The subject property is an irregular shaped lot and totals approximately 8,000 sq. ft. 4. EXISTING LAND USE There is a 7,240 square foot building existing on site. The surrounding land uses are as follows: North - Commercial East - Residential South - Commercial West - Vacant 5. LAND USE DESCRIPTION The General Plan des�gnation for the subject property is Commercial, and the zoning classification is CB-1 (Planned Business). The surrounding land uses are as follows: General Plan: Zoning: ' North - Commercial North - CB-1 South - Commercial South - C-2 East - Single Family East - R-1 West - Multi Family West - R-3 1 6. PROJECT CHARACTERZSTICS j. ' The applicant proposes to operate a auto repair shop and service center at the subject site. The center will include an auto parts store in addition to the proposed uses. The center will be maintained in a commercial building, approximately, 7,240 square feet at the northeast corner of Olanda Street and Atlantic Avenue. The applicant requests to maintain several uses in a building where no off-street parking is currently being provided. The rear portion of the existing building contains printing equipment. However, the equipment is slated to be removed from the premises to allow automobiles awaiting � , repair to be housed. i The proposed development is required to provide fifteen � (15) parking spaces. The applicant must obtain at least � twelve (12) of the required spaces, and such these spaces � must be provided off-site if the printing business is to remain. � 7. Chronoloav of Events � On March 22, 1990, the Site Plan Review Committee i recommended approval of the proposed development to the Planning Commission, subject to specific conditions, j including parking (see item no. 8), On April 12, 1990, the Planning Commission opened public I hearings on the matter and voted to continue the item to I its regularly scheduled meeting on May 8, 1990, in order � to allow the applicant time to secure required parking. i On April 18, 1990, staff inet with the applicant to discuss the possibility of providing alternative parking within 300 ( feet of the proposed development as allowed by the Zoning I Ordinance. It was discussed that the existing site does not have � sufficient off-street parking for the proposed use. � However, the interior layout of the existing building on ' site can provide for adequate space to house automobiles � awaiting repair. The applicant was informed that there would be no parking allowed on City streets. The applicant was also informed that he would be required I to secure parking located within 300 feet of the project ' site for employee and student parking. The applicant must obtain at least twelve (12) of the required fifteen (15) � . parking spaces within a 300 foot radius. In addition, a i covenant and agreement would be signed by the applicant, the City, and the lessor, to guarantee required parking. � During the meeting, staff furnished the applicant with i owners names and address for property directly opposite the � subject site. The applicant agreed to contact the owner of I the vacant property to �segotiate for the use of the I property for parking. The applicant inform the staff that attempts had been made to contact the owner of the property 1 to the north of his site to secure parking. However, at ; that time, tiie owner intended to begin construction on the ' site in three (3) months. On June 12, 1990, at the regularly scheduled meeting of the Planning Commission, Staff distributed a letter from the applicant requesting an extension. it was advised by the Deputy City Attorney that the item should remain on the � agenda in order not to approve the request by default. The d Commission agreed to continue the item to its regularly � scheduled meeting on July 10, 1990. � 2 • After the June 12th meeting, Staff found that the rear , portion of the building is still housing a printing press operation and it will remain in the building for three (3) months. Since Mr. Gray proposes to provide some parking within the building, the use of the rear portion for printing poses a parking problem. Thereby, eliminating the potential for parking within the building. On June 22, and 25, 1990, staff inet with Mr. Gray fo discuss his inability to acquired parking within (300) three-hundred feet of the property. He informed Staff that employee parking is available across the street. With the inability to provide the required parking, Mr. Gray and staff have agreed that the auto repair portion of the business is not available for use, because of lack of parking. When necessary parking is secured, Mr. Gray can � return to the Commission and request approval of a Modified � Conditional Use Permit to include the auto repair service. � i On July 10, 1990, Staff reported to the Planning Commission � that it was proposing a change of recommendation from approval to denial because required parking had not been obtained and automobiles were being repaired at the subject site and on the street. After testimony by the applicant and discussion by the � Commission, a motion was made and approved to grant a 30- day extension to the applicant with the condition that no ' auto repair take place on the proposed site, and, the rear � of the building be vacated for parking., � On July 11 and 26, 1990, Staff documented that the ' applicant was, or, had repaired automobiles at the proposed • I site in violation of the condition established by the � Planning Commission during its July 10, 1990 meeting. In � addition several conversations, either in person, or via telephone, was held with the applicant concerning this matter. Mr. Gray continuously violated the motion by the Planning Commission that no auto repair shall be conducted during � . the 30-day extension period. Staff inspections show 1 to 3 � cars had been worked on. The date and time of inspections � is documented. Staff spoke personally to Mr. Gray on July 13, 26, and 31, 1990, with respect to parking requirements and the status of the building. The practice by Mr. Gray's employees of working on cars parked in the street has � continued, and will continued as long as the printer ' equipment occupies the rear portion of the building. 8. Site Plan Review At its regular meeting on March 22, 1990, the Site Plan ' Review Committee evaluated the proposed development and recommended approval to the Planning Commission, subject to specific conditions and requirements. , 9. �oninq Enforcement Historv None of Record 10. Neiahborhood Response None of record at the time of preparation of the Staff report. , 3 ANALYSIB AND CONCL08ION • • 1. Consistencv With General Plan The proposed land use is consistent with the existing zoning classification, (CS-1 Planned Business) and the General Plan designation of Commercial. Therefore, granting Conditional Use Permit No. 40 will not adversely affect the General Plan. 2. Site Suitability � The property is adequate in size and shape to accommodate ! the proposed development relative to structures, walls, and � � other development features required by the Zoning Ordinance. However, the site is unsuitable because it does � not contain enough area for required parking. i Atlantic Avenue is a major arterial and is well suited to ! carry the quantity of traffic the proposed development � would generate. � 3. Comoatibility I The proposed development is surrounded by a mixture of � commercial developments; therefore, the.project will be i compatible with the surrounding land uses. However, residential uses are adjacent west and east of the proposed I use. 4. Comoliance With Development Standards , i The proposal does not meet all of the development standards required by the Zoning Ordinance with respect to parking requirements. j 5. Conditions Of ADproval � The improvements as proposed, will have a negative effect ' on the values of the surrounding properties or interfere i with or endanger the public health, safety or welfare. , 6. Benefits To Communitv i The proposal as planned, and without providing required i parking, will not assist in upgrading the commercial use of � the property and support the Commercial designation of the I General Plan. 7. �nvironmental 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 � Planning Commission deny C.U.P. 40. I 1. Certifying that the project is categorically exempt from the provisions of the State CEQA Guidelines as amended by Section 15061 b(3). � I 2. The inability of C.U.P. 40 to provide adequate parking for intended uses poses a parking problem for the area. The � parking requirement is not met. 3. The applicant continues to repair cars in the street in I violation of the condition stipulated in the 30-day extension period that there shall be no auto repair. � 4 f � , . Prepared by: � C� (Qln�tiOru �, y Reviewed by: �. . ATTACFiMENTS • � 1. Location Map 2. Site Plan ' I ; � i I I ! � � ' I � I r F:/PLAN/CUP/CUP40 � i 5 � . . . . . I . � p .:..c „�."` . , ✓�� �. r 4 .. ,.yYi '°� . � :'w r n' - %i K'�' �i:PT`tJ' �7�. ' t i .i:: � ��+� i � � �R � Ve 1�vtay� ' _ I 3 , � I �18� I ! — � Ao � � � - � m !.� 40 ►/o LT� 3 p!, a s e, I I . ,�.� �� --_ Z� Ueo AMQs S � # � Z 2VQGa�QT coot«S � � so G.q L, . iyaT W 4 rZ'/ �-/c�cre. � � � n � � � � A ur� Re�h,`►� �' ^ . y dA j � � � ° go �� _ �1�y o r I d o �� 7 � r I c� r r I . 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Source of Authoritv Section 25-4.2 of the Lynwood Zoning Ordinance requires that a Conditional Use Permit be obtained for any residential development in the R-3 (Multi-Family Residential) zone. 2• ProDertv Location• The site is located on Carlin Avenue between Alpine Avenue, and the Long Beach Boulevard. (refer to the attached location map). 3• kronertv SizA• The site consists of a regular shaped lot of approximately 8,000 square feet. 4• £xistina Land Use• The property presently has a single family dwelling that is to remain. The surrounding land uses are as follows: North - Single Family Residential South - Two-Family Residential East - Multi-Family Residential West - Single Family Residential 5. Land Use Desi nation• The General Plan designation for the subject property is Multi-Family Residential, while the zoning description is R-3. The surrounding land use designations are as follows: General Plan Zoning North - Multi-Family Residential South - Multi-Family Residential NO � ' R-3 East - Multi-Family Residential South - It_3 West - liulti-Family Residential East - R-3 West - R-3 disk72:cerlin 1 ; ' _ 5. Conditions of Aooroval ' The improvements proposed, subject to the conditions I recommended by the Site Plan Review Comarittee, will not have a negative effect on the values of the surrounding � properties or interfere with or endanger the public health, safety or welfare. i � 6. �enefits to Communitv i � � The proposed development will�aid to aestheticall u the neiqhborhood and will act as a catalyst to fo ter other quality developments. Moreover, the development will add favorably to the City�s housing stock in furtherance of the 1 � policies of the Housing Element of the General Plan. 7. Environmental Assessment � i 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 Planning Commission adopt the attached Resolution No..2341: 1. Certifying that the project is categorically exempt from the provisions of the State CEQA Guidelines as amended by Section 15061 b(3). 2 • Approving Conditional Use Permit, Case No, 54 subject to the stated conditions and requirements. Prepared By: ��JC/!�' �.• (��u;yuu� Reviewed By; �/.� r{,�. p,�,� /` ✓ ATTA_ C_ HMENTg- 1• Location Map � Z. Resolution No. 2341 I 3 • Site Plan . I I , ; dick72:terl{n � 3 . _. ' — -- _ — --------- ... ....._... � - , ' ( ; LOCATION iVIAp � - a :: ,, y .,, y ' -0 � ,� .� � , �..� I)iy ' S / ., �""�;�y�. a ^�' �'��S'� ` �r \,"�_ � / � / .<;` � ^-r., . 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' E N �, C U p , s4 � . , � .::: : _ I � RESOLUTION NO. 2341 , A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE ' PERMIT NO. 54 FOR THE CONSTRUCTION OF A TWO : (2) STORY DWELLING AT 3245 CARLIN AVENUE, IN THE R-3 (MULTI-FAMILY RESIDENTIAL) ZONE, , LYNWOOD, CALIFORNIA, 90262 i i I WHEREAS, the Lynwood Planning Commission, pureuant 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 i j I WHEREAS, the Community Development Director has determined that the proposal is exempt from the provisions of the State CEQA f Guidelines Section 15061 b(3), as amended; and WHEREAS, a Conditional Use Permit is required for development in the R-3 (Multi-Family Residential) zone. Sect_ ion 1 The Planning Commission hereby finds and determines as follows: A. The site of the proposed use is adequate in size and ehape to accommodate the structures, parking, 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 properties or interfere with or endanger the public, health, safety, or welfare. C. The site will be developed pursuant to the current zoning regulations and site plan submitted and approved by the Site Plan Review Committee. D• The granting of the Conditional Use Permit will not adversely affect the General Plan. E. The proposed development will add favorably to the 1 housing stock and will provide additional affordable � priced housing in concert with the policies of the Housing Element of the General Plan. F• The proposed development will aid in aesthetically � upgrading the area and will act as a catalyst in fostering other quality developments. ' Sect_ i_on ? The Planning Commission of the City of Lynwood, � based upon the aforementioned findings and determinations, hereby � following conditionsaare observed and with at all ti ese , ' � ; tli ck70: c�54 1 . � ,; ; . ; � COMMUNITY DEVELAPMENT DEPARTMENT � � 1. The proposed development shall comply �ith all applicable ! j regulations of the Lynwood Municipal Code, the Uniform i Building Code and the Fire Code. I � Z• Any proposed subsequent modification of the subject site or ; structures thereon, shall be first reported to the Community Development Department, Planning Division, for review of � said Conditional Use Permit. i � j 3. The applicant shall meet the requirements of all other City Departments. i 4. The applicant and/or his representative ehall sign 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. PLANNING DIV7SION CONDITIONS 5• The applicant shall contact the U.S. Post Office (Lynwood main office) to establish the location of mail boxes serving the p;oposed development. 6 • This Conditional IIse 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 issuance of building permits. 8• The site shall be developed to a maximum of two (2) dwelling units. Further additional units shall not be developed on this property. 9. Landscaped areas are to be a minimum of twenty-five (25�) percent of the lot area. 10. Landscaping and irrigation shall be installed in accordance with a detailed plan to be submitted and approved by the Planning Division prior to issuance of any building permits. 1 The minimum plant material shall be trees and shrubs I 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 i landscaped area. 11. and shall � rear, and side yards shall be landscaped for necessa Predominately of plant materials except 1 ry walks, drives and fences. � 1z• A minimum of four {4) parking spaces shall be provided. � There shall be four (4) enclosed parking spaces. � 13. A six (6') foot high block wall shall be installed along the perimeter of the property, except within the twenty (20') frontfyard setbacktiscoptionalr(not requiredence in the � frontage, if built, the wall shall not exceed a height four (4) feet. � dick70:ttp54 . � � � 2 ! ,� ! i ' • 14. No side yard shall be less than five (5') feet. 15. Final building elevations, including materials of , construction, shall be submitted to and approved by the Building Official and the Planning Division prior to + issuance of any building permits. � 16. 'Prior to issuance of Building permits the developer shall Pay $1.53 per square foot for residential buildings to the Lynwood Dnified School District, pursuant to Government Code � Section 53080. � 17. All driveway and parking areas shall be paved. j I 18. Acoustical construction materials shall be used throughout the units to mitigate freeway noise to the standards and f satisfaction of the Building and Safety Division. 19. The roof shall be constructed with a non-reflective material including shingles, woodshake, asphalt composite, crushed rock and other similar roofing material that is not reflective, glossy, or polished and/or rolled formed type metal roofing. Z0. Residential structures shall have an exterior siding of brick, stucco, wood, metal, concrete, or other similar material other than the reflective glossy, polished and/or rolled-formed type metal siding. Z1• All front yard setbacks must be measured from inside the street dedications. 22• Prior to obtaining a building permit, the design of the Director of Community Developmentnor his/her d signee,bY the z3• That the applicant submit elevation drawings to the Planning Division showing the exterior building design; including'the specification of colors, and materials. 24• All security fences, grills, etc. shall be architecturally compatible with the design of the 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, swimming pool pumps and heaters and all other mechanical devices shall be located within the rear yard or street side yard of corner lot. 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 the City�s Noise ordinance 26- The existing property shall be cleaned and maintained in sanitary condition pending construction and shall be maintained in a neat and orderly manner at all times. Failure to comply may result in revocation of the Conditional Use Permit. di ak70: e�54 � 3 27• A cover sheet of approved Conditions must be attached to plans prior to submission to the Building and Safety Division. i 28. The owner of the site shall maintain a pro-active approach to the elimination of graffiti from the structures, fences, � and any accessory building, on a daily basis. ' 29. There shall be displayed, in plain view, at all entrances to � i the property, a sign not less then 17 by 22 inches in size, with lettering not less than one inch in hei ht 9 , prohibiting � public parking and indicating that vehicles will be removed ' at the owner's expense. The sign will contain the telephone � number of the local traffic law enforcement agency, and may � also indicate that a citation may be issued for the ' violation pursuant to Section 22658 of the California Vehicle Code. 30. Any violation of said conditions in this resolution may result in revocation or modification of the Conditional Use Permit by the issuing body at a regularly scheduled meeting. PUBLIC WORKS ENGINEERING DIVISION 31. Provide documentation that lots composing the property were legally separated, to the satisfaction of the Department of Public Works. After reviewing the documents, the Department of Public Works may require the submission and recordation of a parcel map. 32. Dedicate a five foot (5) wide strip of property along Carlin Avenue. 33. Submit a grading plan prepared and signed by a registered Civil Engineer. Property is located within 100 year flood zone per FEMA Flood Insurance Boundary Work Map of April 19, 19 89. The owner(s) has the option to build the pad elevation one foot above the flood level zone per Floo3 Boundary Map or sign a Hold Harmless letter with the City of Lynwood. 34. Reconstruct damaged sidewalk along Carlin Avenue. 35. Reconstruct damaged and substandard drive approach(es), Per � city standards. � 36. Connect to public sewer. Each building shall be connected � separately. ; i 37• Provide and install one marbelite street pole with light � fixture, underqround services and conduits along Carlin Ave. 38. Underground all utilities. ' 39. A permit from the Engineering Division is required for all � off-site improvements. 40. All required water meters, meter service changes and/or fize protection lines shall be installed by the developer. The work shall be performed by a licensed (C-34) contractor hired by the developer. The contractor must obtain a permit from the Public Works/Engineering Division prior to pezforming any work. Contact the park water company for � more information. � dick70:c�q54 �� 4 1 I ` w � �'IRE DEPARTMENT ` � 41. If security bars are placed on bedroom windows, at least one , window for each bedroom shall have quick release mechanisms , that do not require a key or any special knowledge. U,g,�, , Sec. 1204. - 42. Provide smoke detectors, (U.L. and State Fire Marshal ap- , prove type.) � Section 3. A co to the.applicant. pY of this resolution shall be delivered APPROVED AND ADOPTED this 14th day of August, 1990, by members of the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: Donald Dove, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: I I I Kenrick-Karefa Johnson, Director pouglas D. Barnes Community Development Department Deputy City Attorney I i I � , . dick70:tup54 l � 5 v DATE: August 14� 1990 'r4�r!�';n� ITEM N0 . � , _ TO: PLANNING COMMISSION (' I� �' � p LiJP SS ,�. �J'_ I'r �J. FROM: Kenrick Karefa-JOhnson, Director Community Development Department � SUBJECT: Conditional Use Permit - Case No 55 Applicant: Antonio Umania �ROPOSAL• The applicant. is requestinq approval of a Conditional Use Permit to develop a two (2) units at 3377 Alma Avenue in the R-3 (Multi-Family) zone. FACTS: 1. Source of Authoritv Section 25-42 of the Lynwood Zoning Ordinance requires that a Conditional Use Permit be obtained for any residential development in the R-3 (Multi-Family) zone. 2. Prooertv Location• The site is located on north side of Alma Avenue between Long Beach Boulevard. and California Avenue (refer to the attached location map). 3. ProDerty Size• The site consists of a rectangular lot of approximately 9250 square feet (50 x 185). 4. Existina Land Use• There is an existing single family dwelling that will remain � and an existing garage that will be demolished. The � surrounding land uses are as follows: i North - Multi-Family Residential � South - Multi-Family Residential East - Two - Family Residential West - Single-Family Residential ' 5. Land Use Desianation• ' The General Plan designation for the subject property is � Multi-Family, while the zoning description is R-3. The � surrounding land use designations are as follows: I I i General Plan Zoning ' I North - Multi-Family North - R-3 South - Multi-Family South - R-3 � East - Multi-Family East - R-3 � West - Multi-Family West - R-3 ' d;6k�c:o�,PSS � i 1 6. proiect Characteristics• The applicant proposes to build a two (2)� bedroom unit (unit 1) and a three (3) bedroom unit (unit 2) with an attached , two-car garage within a two-story structure and a detached four-car garage. Unit 1 will comprise of two stories with the living room, dining room, kitchen, and half bath located on the first floor and two bedrooms and a full bath located on the second floor. Unit 2 will be located entirely on the second floor and will be comprised of a living room, dining room, kitchen, three bedrooms, and a full bath. The subject property will be developed with a total of six enclosed parking spaces to accommodate the two (2) proposed units and the existing unit. Approximately , (41�) percent of land is designed for landscaping. 7..�,ite Plan Rev'ew• On July 26, 1990, the Site Plan Review Committee evaluated the proposed development and recommended approval to the Planning Commission, subject to specific conditions and requirements. 8• Zonina Enforcement Historv None of record. 9• Public Resoonse• None of record at the time this report was prepared. �SSUES AND ANALYSIS 1. Consistencv with General Plan ; i The proposed land use is consistent with the existing zoning � classification (R-3) and the General Plah designation Multi-Family Residential. Therefore , granting Conditional � Use Permit No. 55, will not adversely affect the General � Plan. ' 2. Site Suitabilitv , The subject property is adequate in size and shape to ' accommodate the proposed development relative to the proposed density; bulk of the structures; parking; walls, � fences; driveways, and other development features required ' is adequately se ednwith thetrequired publicbutilitieseand offers adequate vehicular and pedestrian accessibility. � 3. ComDliance with Devalonment Stanr�ards The proposed development meets all the development standards � required by the Zoning Ordinance regarding off-street � parking; front, and rear yard setbacks; lot coverage, � height, unit size; and density. l ; i' t � , di ek74: ap55 1 � Z r 4. Combatibilitv The proposed project will be located in a neighborhood that is eubstantially transitioned from single-family to multi- family residence's. Properties located to the north and south are developed with a multi-family respectively, to the east is two-unit development, and other properties in the vicinity are developed with multiple units. The proposed project is consistent with the R-3 zoning in the area and with the Multi-Family Residential General Plan designation. 5. �onditions of Approval The improvements proposed, subject to the conditions recommended by the Si�e Plan Review Committee, will not have . a,negative effect on the values of thn surrounding properties or interfere with or endanger the public health, safety or welfare. 6. �enefits to Community The proposed development will aid to aesthetically upgrade 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 furtherance of the policies of the Housing Element of the General Plan. 7. �nvironmental 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 Planning Commission adopt the attached Resolution No. 2342: , I 1. Certifying that the project is categorically exempt from ' the provisions of the State CEQA Guidelines as amended by ' Section 15061 b(3). 2. Approving Conditional Use Permit, Case No. 55 subject � to the stated conditions and requirements. � ,: � i �/�� i Prepared By: ' i /i ' � Reviewed By: . � �(,�� � I ATTACHMENTS• � � I 1. Location Map � 2. Resolution No. 2342 3. Site Plan dick74:eup55 � � , 3 I RESOLUTION NO. 2342 A RESOLUTION OF THE PLANNING COMMZSSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 55 FOR THE CONSTRUCTION OF TWO (2), UNITS AND A FOUR CAR GARAGE AT 3377 ALMA AVENUE, IN THE R-3 (MULTI-FAMZLY) 20NE, LYNWOOD, CALIFORNIA, 90262 WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public hearing on the subject application; and WHEREAS, the Planning Commission, considered all pez•tinent testimony offered at the public hearing; and WHEREAS, the Community 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-3 (Multi-Family) zone. Section 1 The Planning Commission hereby finds and determines as follows: A. The site of the proposed use is adequate in size and shape to accommodate the structures, parking, 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 properties or interfere with or endanger � the public, health, safety, or welfare. ! � �• The site will be developed pursuant to the current ! zoning regulations and site plan submitted and approved � by the Site Plan Review Committee. ; D• The granting of the Conditional Use Permit will not � adversely affect the General Plan. E. The proposed development will add favorably to the ! housing stock and will provide additional affordable ' priced housing in concert with the policies of the Housing Element of the General Plan. � F. The proposed development will aid in aesthetically � upgrading the area and will act as a catalyst in fostering other quality Bevelopments. i Section 2 The Planning Co�ission of the City of Lynwood, � based upon the aforementioned findings and determinations, hereby � approves Conditional Use Permit, Case No. 55, provided the ' following conditions are observed and complied with at all times. ' I disk74:cy�55 i I i 1 COMMUNITY DEVEIAPMENT DEPARTMENT 1. The proposed development shall comply with all applicable regulations 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 Developsent Department, Planning Division, for review of said Conditional Use Permit. 3. The applicant shall meet the requiremente of all other City Departments. 4. The applicant and/or his representative shall sign a Sfatement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of any building permits. BLANNING 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 issuance of building permits. 8. The site shall be developed to a maximum of three (3) dwelling units. 9. Landscaped areas are to be a minimum of twenty-five (25$) percent of the lot area. � 10. Landscaping and irrigation shall be installed in accordance with a detailed plan to be submitted and approved by the Planning Division prior to issuance of any building 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. 11. The required front, rear, and side yards shall be landscaped and shall consist predominately of plant materials except for necessary walks, drives and fences. 12. A minimum of six (6) enclosed parking spaces shall be provided. 13. A six (6') foot high block all shall be installed along the perimeter of the property, except within the twenty ' (20') foot front yard setback. In this frontage, if ' built, the wall shall not exceed a height of four (4') feet measured from top of curb. � disk74:tup55 �' Z 14. No side yard shall be less than five (5') feet. 15. Final building elevations, including materials of construction, shall be submitted to and approved by the Building Official and the Planning Division prior to issuance of any building permits. 16. Before any building permits shall be issued, the developer shall pay $1.56 per square foot for residential buildings to the Lynwood Unified School District, pursuant to Government Code Section 53080. � 17. All driveway and parking areas shall be paved. 18. Accoustical construction materials shall be used • •� throughout the units to mitigate freeway noise to the standards and satisfaction of the Building and Safety Division. 19. The roaf shall be constructed with a non-reflective material including shingles, woodshake, asphalt composite, crushed rock and other similar roofing material that is not reflective, qlossy, or polished and/or roll form type metal roofing. 20. Residential structures shall have an exterior siding of brick, stucco, wood, metal, concrete, or other similar material other than the reflective glossy, polished and/or rolled-formed type metal siding. 21. All front yard setbacks must be measured from inside the street dedications. 22. Prior to obtaining 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. 23. Trash areas shall be enclosed b five � y (5') foot high ; decorative masonry walls with gates. � 24. All building elevations shall be architecturally treated in a consistent manner, including the incorporation � within the side and rear building elevations of same or � all of the design elements used for the primary (front) � facades. 25. That the applicant submit elevation drawings to the Planning Division showing the exterior building design; � including the specification of colors, and materials. � ' 26. All security fences, grills, etc. shall be architecturally compatible with the design of the subject and adjacent building. In addition, no security fences, + grills, etc. sha1Z be installed without the prior written + approval of the Direct�r of Community Development. � I f 1 i diek74:eup55 . 3 27. Air conditioners, heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanical devices shall be located within the,tear yard or street side yard of corner lot. Such'equipment shall be screened from surrounding properties and streets and so operated that they do not dieturb the peace, quiet and comfort of neighborinq residents, in accordance with the City's Noise Ordinance 28. The existing property shall be cleaned and maintained in sanitary condition pending construction and shall be maintained in a neat and orderly manner at all times. Failure to comply may result in revocation of the Conditional Use Permit. Z9. If applicable, the facade of the existing structure shall be improved to the satisfaction of staff with an additional material to window level which relates to the facade of the new construction. Staff's determination is reviewable if necessary by the Planning Commission. PUBLIC WORKS ENGINEERING D VISION 30. A cover sheet of approved Conditions must be attached to plans prior to submission to the Building and Safety Division. 31. The owner of the site shall maintain a pro-active approach to the elimination of graffiti from the structures, fences, and any accessory building, on a daily basis. 32. Any violation of said conditions in this resolution may result in revocation or modification of the Conditional Use Permit by the issuing body at a regularly scheduled meeting. 33. 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 City Engineer. � 34. Reconstruct damaged sidewalk curb; gutter and adjacent � pavement along Alma Avenue frontage of the property. � 35. Connect to public sewer. Each building shall be connected separately. Construuct laterals as necessary. ; 36. Site plan is incorrect. Correct the property dimensions and resubmit. I 37. Provide documentation that lots composing the property ; were leqally separated to the satisfaction of the Department of Public Works. After reviewing the documents, the Department of Public Works may require the submission and recordation of a parcel map or lot merger. 38• Dedicate a five (5) wide strip of property along Alma � Avenue. , 39. Provide and install one marbelite street pole with light ' fixture, underground services and conduits. � dick74:cup55 ' i 4 I , , . . � . . ., _ 40. Underground all utilities. �41. Underqround existing utilities if any modifications are proposed for the electrical service panel. 4z• A permit from the Engineering Division is required for all off-site improvements. 43. 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 " (C-34) contractor hired by the developer. The contractor must obtain a permit from the Public Works/Engineering Division prior to performing any work. FIRE DEPF�RTMENT 44. If security bars are placed on bedroom windows, at least one window for each bedroom shall have quick release mechanisms that does not require a key or any special knowledge. U.B.C. Sec. 1204. 45. Provide smoke detectors, (U.L. and State Fire Marshal ap- prove type.) Section 3. A copy of this resolution shall be delivered to the applicant. APPRbVED AND ADOPTED this 14th day of August, 1990, by members of the Planning Commission voting as follows: AYES: i NOES: I I � ABSENT: I ABSTAZN: ' i Donald Dove, Chairperson i APPROVED AS TO CONTENT: APPROVED AS TO FORM: , i i Kenrick Karefa-Johnson, Interim Douglas D. Barnes ' Community Development Dept. Deputy City Attorney I dick7G:cup55 � , I 5 i I i � � . , `� t MINUTES OF A REGULAR MEETING ? PLANNING COMMISSION _.' CITY OF LYNWOOD, CALIFORNIA . TUESDAY, AUGUST 14, 1990 OPENING CEREMONIES A. Call to Order The regular meeting of the Planning Commission of the City of Lynwood was called to order by Chairperson Dove on the above captioned date at 7:30 p.m., in the Council Chambers of Lynwood City Hall, 11330 Bullis Road, Lynwood, California , 90262. B. Pledqe of Alleaiance � Com_missioner Muhsin led the Pledge of Allegiance. ' f 'C. Ro11.Ca11 of Commissioners Chairperson Dove requested the roll call, and Mr. Fenderson complied. Present: Commissioner Lena Cole-Dennis Commissioner ponald A. Dove - Commissioner John K. Haynes , . Commissioner Jamal Muhsin Commissioner Carlton McMiller Commissioner Roy Pryor , • Commissioner David J. Willis Also '. Present: Douglas D. Barnes, City Attorney , Aubrey Fenderson, Planning Manager Louis Omoruyi, Planning Associate Louis Morales, Planning Technician Monroe Johnson, Associate Engineer Joy Valentine, Minutes Clerk There were approximately four people in the audience, including John Oskoui, Civil Engineering Associate. D. Election of Officers Commissioner Pryor nominated Chairperson Dove. Chairperson Dove declined. • Commissioner McMiller nominated Haynes. Commissioner Muhsin nominated himself. . ' � Chairperson Dove closed the nominations. It was agreed among the Commissioners that the runner-up would become the Vice - � mindisk9:augmin � � � - . . 1 _ Those voting for Commissioner Haynes were Commissioners ' Dove, Haynes, McM'iller, Pryor and Willis. Those voting for Commissioner Muhsin were Commissioners Cole-Dennis and Muhsin. Commissioners Dove and Haynes changed seats and ' newly-elected Chairperson Haynes took charge of the meeting. . E. Certification of Aaenda Posing Mr. Fenderson stated the agenda was posted per the Brokm Act. F. Approval of Minutes MOTION by Commissioner pove, SECONDED by Commissioner Cole- � Dennis, to approve the minutes of July 10, 1990, and July 31, 1990, as submitted. ' MOTION carried by the following,vote: AYES: Commissioners Cole-Dennis, Dove, Haynes, " McMiller, Muhsin, Pryor, Willis NOES: None ABSENT: None '. ABSTAIN: None � Mr. Fenderson introduced Mr. Monroe Johnson, Associate Civil Engineer, who will represent the Public Works Department at the Planning Commission meetings, replacing John Oskoui. Mr. Oskoui left. , ' CONTINUED PUBLIC HEARINGS: _ 1. Conditional Use Permit No 40 (CUP 401 12540 Atlantic Avenue (Aubrey Gray) , Applicant requests approval to operate an auto parts sales and auto repair service center. This item was previously continued from the Planning Commission meetings of Aprii l0, May 8, June 12, and July 10, 1990. Mr. Fenderson introduced Mr. Omoruyi, who.recommended denial , because Mr. Gray has been unable to provide required parking. Chairperson Haynes opened the Public Hearing. Mr. Aubrey Gray, 12540 Atlantic Avenue, Lynwood, came to the podium to say he has terminated two employees named Jesus and Luis because they worked on cars parked in the street. Mr. Gray discussed the pictures shown to the Commissioners by Mr. Fenderson. He said he didn't know anythinq about the , petition signed by eleven employees, including "Jesus .. Niebles" and °Luis Salazar," requesting that the problem be resolved in Mr. Gray's favor. he stated he has the approval of a man named °Bill" to park in the parking lot of a nearby market, but Bill is out of town and therefore unable to sign a waiver oP liability. ' mindisk9:augmin � � 2 A lenqthy discussion ensued between Mr. �arnes, Mr. Fenderson and the Commissioners. There being no one else wishing to speak in favor of, or in opposition to the proposal, Chairperson Haynes closed the Public Hearing. MOTION by Commissioner Muhsin, SECONDED by Commissioner Dove, to deny Conditional Use Permit - Case No. 40, without prejudice, with absolutely, positively no auto repair permitted on the premises, thus enabling Mr. Gray to return to the Planning Commission within six months if he is able to provide the parking spaces required by law. Should any auto repair take place before Mr. Gray is able to provide the required parking, this denial without prejudice will automatically changed to denial. a MOTION carried by the following vote: AYES: Commissioner pove, Haynes, McMiller, Muhsin, Pryor, Willis NOES: Commissioner Cole-Dennis ABSENT: None ABSTAIN: None MOTION by Commissioner Dave, SECONDED by Commissioner Cole- Dennis, to waive the filing fee of $1,074, provided there is absolutely, positively no violation of the Planning Commission�s order to abstain from repairing automobiles on the premises until the printing equipment has been removed, thus providing the required parking spaces. MOTION carried by the following vote: AYES: Commissioners Cole Dove, Haynes, McMiller, Muhsin, Pryor, Willis NOES: None ABSENT: None ABSTAIN: None 2. Conditional Use Permit - Case No 54 3245 Carlin Avenue (Jose Magana) Applicant requests approval to develop a two (2) story dwelling in the rear of a present single family dwelling. Mr. Fenderson introduced Mr. Omoruyi, who reac3 �: intormation and added "Construct laterals as necessary,�� to Public Works Department Condition No. 36. Chairperson Haynes opened the Public Hearing. mindisk9:augmin 3 Mr. Jose Magana, 10428 Washington Boulevard, South Gate, CA 90280, rose to discuss his plans. Commissioner Cole-Dennis asked if he plans to live there, and he replied in the negative. Chairperson Haynes stated the street is difficult to drive now, because of all the cars parked there. Mr. Fenderson said he doesn't want to exchange any of the planned open spaces for parking spaces, there is enough parking provided onsite for the two families anticipated by staff. Commissioner Willis told Mr. Magana that the present occupants should clean up the property before building commences and Mr. Magana agreed to see that the property is cleaned. Mr. Barnes commented that this is covered under Condition No. 26. It was aqreed by the Commissioners, Staff, Mr. Barnes anU Mr. Magana to add Condition No. 30A, "The facade of the eaisting structure shall be improved to the satisfactiori ot Staff with an additional material to window level which relates to the facade of the new construction. Staff's determination is reviewable if necessary by the Planning Commission.° There being no one else wishing to speak in favor of, or in opposition to the proposal, Chairperson Haynes closed the Public Hearing. Chairperson Haynes read a letter from C. J. Fitzpatrick, 3263 Carlin Avenue concerning CUP 54, which read: "Sorry that I will be out of state on the planned date, hearing 7/10/90. I would like to offer my testimony aqainst the proposed application for the following reasons: In this particular block on the north side of Carlin Avenue, these addresses and dwellings, (13 addresses followed). We are over-populated in this area already. There are three large multi-unit apartments in the 3100 block under construction. When is too much too much? When do we draw the line? Please take a hard look at the add-ons, garage conversions and multi-units going up and you will see the roots of some of Lynwood's problems. Thank you," and the letter is signed by C. J. Fitzpatrick. Chairperson Haynes asked Mr. Fenderson to give the letter to Code Enforcement and Mr. Fenderson agreed. mindisk9:au�min � 4 MOTION by Commissioner McMiller, SECONDED by Commissioner Cole-Dennis, to adopt Resolution No. 23G2, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF' LYNWOOD APPROVING CONDI,TZONAL USE PERMIT N0. 54�FOR THE CONSTRUCTION OF A TWO-STORY DWELLING AT 3245 CARLIN AVENUE, IN THE R-3 (MULTI-FAMILY) ZONE, LYNWOOD, CALIFORNIA, 90262," with the addition of Condition No. 30A, "The facade of the existing ,, structure shall be improved to the satisfaction of staff with an additional material to window level which relates to the facade of the new construction. Staff's determination is reviewable if necessary by the Planning Commission,° subject to all other stated conditions and requirements and certifying that the project is categorically exempt from the • provisions of the State CEQA Guidelines as amended by Section 15061 b(3). ° MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, liaynes, McMiller, Muhsin, Pryor, Willis NOES: None ABSEN7': . None ABSTAIN: None - , NEW PUBLIC HEARINGS: 3. CONDITIONAL•USE PERMIT - CASE NO 55 3377 Alma Avenue (Antonio Umania) ' Applicant requests approval to develop two (2) units in the R-3 (Multi-Family Residential) zone, Mr. Fenderson introduced Mr. Morales, who read pertinent information. Mr. Morales changed FACTS: No. 6, Proiect Characteristics: to read '�The applicant proposes to build two-two {2) bedroom units....," thereby eliminating the - three-bedroom unit. Under Public Works Engineering Div-ision, he added Condition No. 43A, "Reconstruct damaged and substandard driveway approach per City standards.�� Chairperson Haynes opened the Public Hearing. Antonio Umania, 3377 Alma Avenue, Lynwood, CA 90262, rose to , state his plans to continue to live in the front house and he accepts all conditions. There iaas a short discussion concerning the width of the street; it was determined to be 30' wide. " There being no one else wishing to speak in favor of, or in apposition to the proposal, Chairperson Haynes closed the Public lieari.ng:. mindisk9;augmin . � - � , 5 MOTZON by Commissioner Muhsin, SECONDED by Commissioner Dove, to approve Resolution No. 2342, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT N0. 55 FOR THE CONSTRUCTION OF TWO (2) UNITS AND A FOUR-CAR GARAGE AT 3377 ALMA AVENUE, IN THE R-3 (MULTI-FAMILY) ZONE, LYNWOOD, CALIFORNIA, 90262," subject to the required conditions and requirements, adding Cond-ition No. 43A, "Reconstruct damaged and substandard driveway approach per City standards," and certifying that the project is categorically exempt from the provisions of the State CEQA Guidelines as amended by Section 15061 b(3). MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Haynes, McMiller, Muhsin, Pryor, Willis NOES: None ABSENT: None ABSTAIN: None REGULAR ORDER OF BUSINESS None STAFF COMMENTS P�ir. Fenderson discussed the proposed Ordinance on Impact Fees on Residential Developments which he will bring before the Commission as soon as possible, and the proposed Ordinance on Impact Fees for Commercial Developments. He also discussed the progress of the Lynwood General plan before the City Council. Commissioner pove and Mr. Fenderson discussed the General Plan and its effect on multi-unit developments and single family dwellings. PUBLIC ORALS None COMMISSION ORALS Both newly-elected officers received congratulations from their fellow Commissioners and both Chairperson Haynes and Vice- Chairperson Muhsin•pledged to do their best. ADJOURNMENT• MOTION was made to adjourn to the regularly scheduled meeting of the Planning Commission on September 11, 1990, and carried unanimously. Meeting adjourned at 9:15 p.m. mindisk9:augmin 6 I AYES: NOES: ABSENT: ABSTAIN: John K. Haynes, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Aubrey D. Fenderson Douglas D. Barnes Planninq Manager Deputy City Attorney I I i � i mindisk9:augmin ( I ! � 7 � ( I I