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Home My Public Portal About03-12-90 PLANNING COMMISSION I . 9 � 'I AGEN�A iTEM N � , CASE N0, I, DATE: March 12, 1990 � ' i TO: PLANNING COMMISSZON i FROM: Kenrick Karefa-Johnson, Director Community Development Department i SUBJECT: Conditional Use Permit - Case No. 40 I Applicant: Aubrey Gray I PROPOSAL• I The applicant is requesting approval of a Conditional Use Permit � to operate an auto carburetor repair service in conjunction �rith 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. SOURCE OF AUTHORITY ' I 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. Property Size The subject property is an irregular shaped lot and totals approximately 8,00o sq. ft. I 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 designation 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 I East - Single Family East - R-1 West - Multi Family West - R-3 I �� disk84:cup40 � i � I � I 1 I I 1 i a ' `i . 6. PROJECT CHARACTERISTICS � 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 nb off-street parking is currently being provided. The rear portion of the existing building contains printing equipment. Aowever, the equipment is slated to be removed from the premises to allow automobiles awaiting repair to be housed. As of the month of January, the equipment has been removed. The proposed development is required to provide fifteen (15) parking spaces. The applicant must obtain at least twelve (12) of the required spaces.. However, there is only room for eight (8) spaces including working stalls inside the rear portion (printing area) of the building - Staff believes that Mr. Gray has put forth a tremendous � effort to obtain off-site parking but has been unable to accomplish this requirement. Therefore, staff is recommending that the Commission g4rant the Conditional Use Permit as most cars that want auto carburetor repair will be placed inside the building. Further, all work must be done within the buildingl. Staff intends to monitor Mr. Gray's operation to insure compliance. 7. ChronoloQV of Events On March 22, 1990, the Site Plan Review Committee recommended approval of the proposed development to the Planning Commission, subject to specific conditions, including parkinq (see item no. 8). On April 12, 1990, the Planning Commission opened public ' hearings on the matter and voted to continue the item to its reqularly scheduled meeting on May 8, 1990, in order • to allow the applicant time to secure required parking. 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 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. � � i I I � i - I i disk84:cup40 I I � � 2 I , ,` The applicant was also informed that he would be,required 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 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 owners names and address for property directly opposite the subject site. The applicant agreed to contact the owner of the vacant property to negotiate for the use of the property for parking. The applicant inform the staff that attempts had been made to contact the owner of the property to the north of his site to secure parking. However, at that time, the 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 Commission agreed to continue the item to its regularly scheduled meeting on July 10, 1990. 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 to 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 appioval of a Modified Conditional Use Permit to include the auto repair service. 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 parkincj. , On July 11 and 26, 1990., Staff documented that the applicant was, or, had repaired automobiles at the proposed site in violation of the condition established by the I Planning Commission during its July l0, 1990 meeting. In addition several conversations, either in person, or via telephone, was held with the applicant concerning this matter. disk84:cup40 , I 3 .� 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 had continued, and would continue as long as the printer's equipment occupied 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. Zonina Enforcement History None of Record - 10. Neiqhborhood Resvonse None of record at the time of preparation the Staff report. ANALYSIB AND CONCLIISION 1. Consistencv With General Plan The proposed land use is consistent with the existing zoning classification, (CB-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 Suitabilitv � The property is adequate in size and shape to accommodate the proposed development relative to structures, walls, and other de.velopment features required by the Zoning Ordinance. However, the site does not contain enough area for required parking. Atlantic Avenue is a major arterial and is well suited to carry the quantity of traffic the proposed development would generate. _3. Comoatibility 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 adjacent west and east of the proposed use. � 4. Comoliance With Develonment Standards , The proposal does not meet all of the development standards required by the Zoning Ordinance with respect to parking � requirements. � � i i disk84:cupGO . � i 4 I .� 5. Conditions Of Aoproval The improvements as will not have a negative - effect on the values of the surrounding properties or interfere with or endanger the public health, safety or welfare. 6. Benefits To Communitv The proposal as planned, will assist in upgrading the commercial use of the property and support the Commercial designation of the General Plan. As the existing commercial building will be upgraded and the property maintained and kept in an orderly matter. 7. Environmental Assessment . The Community Development Department Staff has deterntined 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. 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, No. 40 subject to the stated conditions and requirements. Prepared by: A' `� Reviewed by: ATTACHMENTB• -. 1. Location Map 2. Resolution No. 2322 3. Site Plan disk84:cup40 ' I 5 - � ----. _ .. ... .. ..--.- ------ - _ _ ------- -- _. _ -- - . � _ .. -- ----- — ---..._. _. _ . . _ __. . . � ,. � y . ` LOCATION MAP � I \, a ��✓ 9b'a�fb 7l c� �.ru �W . . � �7Yo7 . r e/ ��^� r• w 9d0.t �M� . . � � 7 ' . ti ='�� , V Na0 , ��y9 � .,»� ._ ,�_� c ,� � :S » �. � � � ft „Y . � • y i . = i��:S� ��a �V� , �� ' 7 S . OJ iari, `� : rI '� r� a 4 x�' 6� , " W � �i �� ,* , I . � .� ays ; �, ,, �.. � n � I- �y� ... ' Z . ` "� i � ''' � W � � . � ..� !w C ,, �'. 6J. 0.. ,� W r! �ri a a ... .� W Z ' i74a4 � �n�ya1. ] :� r. ��, � `4 �� -. � � � � � ` .� ^i. 7 ` (n W I`� a ''q � �,'�' . 1� � J p �� !�� c . a � � D(oI . V � , ' C^ � l' ,s`1 �' ,� ` . W ; w JO` f4 �� O�. .{� ,� v 1 ' i Z �, a� F� .� � .. T -. . w ,.,. . ... . 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I^ �� I n 1 O � �'� I i� ��V . . � �Mi� 1 T 1 ` . � � L �� ; - N srw�c - , •.,m. C�SE N0. C�.P 40 RESOLUTION NO. 2322 `t A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 40 FOR AN AUTO REPAIR AND YOUTH , TRAZNING CENTER ZN A CB-1 (PLANNED BUSINESS) ZONE, AT 12540 ATLANTIC AVENUE, LYNWOOD, CALIFORNIA. WHEREAS, the Planning Commission of the City of Lynwood, 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 is exempt from the provisions of the State CEQA Guidelines Section 15061 b(3), as amended; and WHEREAS, the project is consistent with the General Plan in that the subject site is designated "COmmercial" on the General Plan Map; - Section 1. The Planning Commission of the City of Lynwood does hereby resolve as follows: A. That the granting of the proposed Conditional Use Permit will not adversely affect the General Plan. B. That the proposed location of the Conditional Use Permit is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located. C. That the proposed location of the Conditional Use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties in the vicinity; D. That the proposed Conditional Use Per�uit will comply • with each of the applicable provisions of the Zoning Ordinance as stated in the conditions below: Section 2. The Planning Commission of the City of Lynwood, approves the proposed project subject to the following conditions: COMMUNITY DEVEIAPMENT DEPARTMENT GENERAL 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, the Uniform Building code and the Fire code. I disk84:reso2322 � , I 1 � � 1 I '� 2. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Community Development Department, Planning Division, for review. 3. The applicant or his representative, shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees'to the conditions stated herein before any building. permits are issued. 4. A trash enclosure must be located on the rear portion of the property in such a manner as to be accessible to refuse collection vehicles. 5. Small trash containers shall be conspicuously located throughout the auto center for customer use. 6. Access to restroom facilities must be provided. 7. No sign cabinets or sign cans, with or without internal illumination, shall be used. 8. All signage shall be approved by the Redevelopment Agency and Planning Division prior to installation. Only individual illuminated channel letters are permitted. Please submit_ signage plan separately. '� 9. Motor vehicle products may not be displayed along the front i, of the building. � '' l0. No used or discarded automotive parts or equipment, or �� ' permanently disabled, junked or wrecked vehicles may be " located outside the building. 11. Any retaining walls shall be treated in a similar manner as ' the project's building, using compatible materials, colors and finishes. 12. Noise from bells, loudspeakers or other noise acting as a signal of communication device shall not be permitted where audible from residentially-zoned property. 13. If a parking district is created in this commercial area, the owner of this property should join and participate in such a district. � 14. The various operations shall be sufficiently separated. 15. If complaints are received from neighbors regarding noise levels from the proposed uses, acoustical analysis shall be performed and mitigation measures implemented as deemed necessary by the Community Development Department. - 16. The application shall be subject to an annual review by the Redevelopment Agency. 17. The site shall not be used as an impound yard. 18.� The building should be remodeled with architectural features which reflect aesthetic character. I I 1 � I disk84:reso2322 � � �' Z ; PLANNING DIVISION CONDITIONS 19. This permit shall lapse and become void one hundred twenty (120) days, unless a Building permit or City Business license has been obtained 20. Daily operating hours shall be from 7:00 a.m. to 9:00 p.m. 21. No damaged or wrecked vehicles shall be stored on site and/ or parking on city streets. No portion of the site shall be ' used for storage unless for auto retail related activity. Truck repair is prohibited. 22. Prior to the installation, display, enlarging, modifying, relocating or changing of signs, a permit must be obtained from the Department of Community Development, Planning Division. . 23. All security fences, grills, etc. shall be architecturally compatible with the design of the subject and adjacent buildings. In addition, no security fences, grills, etc. shall be installed without the prior written approval of the _ Director of Community Development and required building permits. 24. 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 a corner lot. Such equipment shall be screened from surrounding properties and street and so operated that they do not disturb the peace, quiet and comfort of neighboring residents, in accordance with the City's Noise Ordinance. All means of access to the referenced equipment shall be designed and installed so as to prevent access to unauthorized persons and shall be approved by the Building Division. 25. 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. 26. There shall be no repair of any kind on vehicles on city sidewalk or street. All repairs must be conducted with the building. 27. Failure to comply and,abide by any of the conditions will result in revocation of the said Conditional Use Permit. -28. Entity will maintain a pro-active approach t the elimination of graffiti from the structures, fences and any accessory building, on a daily basis. 29. Maintenance of sidewalk, parking area, gutters and any • surrounding area will be done a minimum of twice a day (before starting operations and before closing. � disk84:resd322 3 , , 30. In the event the site has a private parking lot, maintenance of such area will be done by a commercial firm contracted for clean up no less than,once per week. Contract with such firm must be maintained at the site for presentation when requested by a city agent. 31. A cover sheet of approved Conditions must be attached to plans prior to submission to the Building and Safety Division. PUBLIC WORKS DIVISION 32. Reconstruct damaged sidewalk and curb and required pavement along Atlantic Avenue and Olanda Street. 33. Reconstruct damaged and substandard drive approach(es), per City standards. 34. Construct 2 wheelchair ramp(s) at (1) Northeast and (2) Southeast corners of Atlantic Avenue and Olanda Street. 35. No access through the rear alley is allowed. Alley will be vacated in the future. 36. Install 3 24" box street trees per City of Lynwood standards along Atlantic Avenue. Species to be determined by Department of Public Works. A permit 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. 37. Construct tree well covers per City oP Lynwood standards for existing and proposed street trees. 38. Underground existing utilities if any modifications are proposed for the electrical service panel. 39. A permit from the Engineering Division is required for all , off-site improvements. 40. All required water meters, meter service changes and/or fire protection lines shall be installed by the developer. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Public Works/Engineering Division prior to performing any work. - FIRE DEPARTMENT ' 41. Provide approved Fire extinguisher. Type 10 lb B-C. 42.• Provide approved metal container with self-closing for oily rags. 43. Minor repair of motor vehicles, no body and fender work, welding, or spray painting permitted, without permit from Fire Department. I � . disk84:reso2322 � - I � 4 1 � t � i � � t ; . �' e ' ' . ' r ,44. Provide approved storage cabinet where it is desire to keep more than ten (10) terl gallons flammables inside of building. 45. Provide approved parts cleaner: Section . A copy of this resolution shall.be delivered to the applicant. APPROVED AND ADOPTED this 12th day of March, 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: Kenrick Karefa-Johnson, Director pouglas D. Barnes Community Development Department Deputy City Attorney disk84:reso2322 � 5