HomeMy Public PortalAbout02-13-96 PLANNING COMMISSION , .
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AGENDA
LYNWOOD CITY PLANNING CONIMISSION
REGULAR MEETING - 7:30 P.M.
City Hall Council Chambers ` �
11330 Bullis Road, Lynwood, CA R(�, �'V �
�� �F l.YNW(iOU
C�7�' CLERKS OFrICE
February 13, 1996 �
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Carlton McMiller
Chairperson
Errick Lee Donald ove
Vice Chairman Commissioner
` Eloise Evans Richard Kuan
Commissioner Commissioner
Jamal Muhsin Jamina Barnes
Commissioner Commissioner .
C O M M I S 5 I O N C 0 U N S E L:
Michele Beal-Bagneris
- Deputy City Attorney
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STAFF: �
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Gary Chicots, Director Robert Diplock �
Community Development Department Planning Manager . �i
Art Barfield Louis Omoruyi !
Associate Planner Associate Planner �
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Louis E. Morales, Jr. Paul Nguyen �
Associate Planner Civil Engineer Assoc.
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February 13, 1996
OPENING CEREMONIES
1. Call meeting to order.
2. Flag salute.
3. Roll call of Commissioners.
4. Certification of Agenda Posting.
5. Approval of minutes (if available).
CONTINUED PUBLIC HEARING:
1. REVIEW OF COMPLIANCE WITH CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT CUP 82053A
Applicant: City of Lynwood
REOUEST:
After review of compliance with the Conditions of Approval for
Conditional Use Permit No. CUP 82053A, the Planning Commission
requested that an additional condition or conditions be
prepared for Commission consideration. The condition(s) would
reenforce the responsibility of the owner and tenant to
operate the use in a safe and responsible manner in compliance
with all applicable City ordinances and regulations. CUP
82053A was originally approved on June 08, 1982 to authorize
the operation of a self service gas station and car wash at
11151 Long Beach Boulevard.
RECOMMENDATION
Staff respectfully requests that the Planning Commission,
after consideration:
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1. find that the operator of the Shell Service Station at
11151 Long Beach Boulevard currently is in compliance
with the Conditions of Approval for CUP 82053A and
related City Ordinances and restrictions.
2. adding the following condition to the Conditions of
Approval for CUP 82053A:
"1. The permittee and property owner shall supervise
activity on the property in a manner which insures that
no violation of federal, state or local laws is committed
on the property. Such supervision may include the hiring
of additional employees or security guards or utilization
of other security measures to ensure compliance.
2. The Planning Commission shall review the permittee's
compliance with the Conditional Use Permit in 6 months
from the date of adoption of Resolution No. 2581 or
sooner if necessary."
2. CONDITIONAL USE PERMIT CASE NO. CUP 95-13
Applicant: Ricardo Toralba
PROPOSAL
The applicant requests approval of a Conditional Use Permit in
order to legalize a two story dwelling with two (2) attached
residential units. Six parking spaces will be provided on
site for a proposal at 12747 Harris Avenue in the R-2 (Two
Family Residential) zone, Lynwood, California.
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RECOMMENDATION
Staff respectively requests that, after consideration, the
Planning Commission adopt the attached Resolution No. 2569:
1: Certifying that the project is Categorically Exempt from
the provisions of the California Environmental Quality
Act pursuant to Section 15061b of the State CEQA
Guidelines.
2. Approving Conditional Use Permit, Case No. 95-13, subject
to the stated conditions and requirements.
3. VARIANCE CASE NO. VAR 38
TENTATIVE MAP CASE NO. TM 95-06
Applicant: Wilbur Owens
PROPOSAL
The applicant is requesting approval of Tentative Map No.
52143 (Case No. TM 95-06) in order to subdivide and develop a
vacant parcel into six (6) lots for single family residential
use at Weber and State streets, in the R-2 (Two Family
Residential) zone. For two of the proposed lots, because of
the odd shape of the original parcel, the applicant has also
submitted a variance request (VAR 38). For Lot 1, the request
is to reduce the required lot area from 5,000 sq.ft. to 4,172
sq.ft., the require3 lot length from 100 feet to approximately
93 feet, and the required rear yard from 20 feet to 12.5 feet.
For Lot 6, the request is to reduce required lot area from
5,000 sq. ft. to 4,172 sq. ft. and the required lot length
from 100 feet to approximately 92 feet.
At the applicant's request, this case was continued from the
last Commission meeting in order to address issues regarding
Conditions of Approval.
RECOMMENDATION:
Staff respectfully requests that, after consideration, the
Planning Commission adopt Resolution No. 2573 approving
Tentative Map No. 52143, Case No. TM 95-06, and Resolution No.
` 2574 approving Variance No. VAR 38.
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NEW PUBLIC HEARING:
� 4. VARIANCE CASE NO. VAR 96-01
I Applicant: Kip Cyprus
PROPOSAL
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� The a licant is re uestin a roval of a Variance re uest to
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� reduce the required lot width from fifty (50) feet to thirty-
� two (32) feet, and the required lot area from 5,000 sq. ft. to
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I 3,758 sq. ft. to develop a one (1) story, three (3) bedroom,
� single family residence at 11823 Third Avenue, in the R-1
i (Single Family Residential) zone.
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I RECOMMENDATION:
� Staff respectfully requests that, after consideration, the
� Planning Commission. approve Resolution No. 2576:
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i 1. Certifying that the project is categorically exempt from
� provision of the California Environmental Quality Act
� under State CEQA Guidelines, Section 15061b(3).
i 2. Granting Variance No. Var 96-01, to reduce required lot
area and lot width in order to permit the construction of
� a single family dwelling at 11823 Third Avenue, Lynwood.
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5. CONDITIONAL USE PERMIT CASE NO. CUP 95-16
, Applicant: Kathy Walker
PROPOSAL
The applicant is requesting approval of a Conditional Use
Permit to develop two (2) two story residential dwelling units
and a six (6) car garage at 3366 Los Flores Avenue in the R-3
(Multi-Residential) zone.
RECOMMENDATION
Staff respectfully requests that, after consideration, the
Planning Commission. adopt the attached Resolution No. 2575:
1. Certifying that the project is Categorically Exempt from
the provisions of the California Environmental Quality
Act pursuant to State CEQA Guidelines, Section 15061b(3).
2. Approving Conditional Use Permit, Case No. CUP 95-16,
subject to the stated conditions and requirements.
6. GENERAL PLAN AMENDMENT CASE NO. GPA 96-01
ZONE CHANGE CASE NO. ZC 96-01
Applicant: The Lee Group
PROPOSAL
The applicant is requesting approval of a General Plan
Amendment to change the General Plan designation from
Commercial to Multi-Family and a Zone Change from C-2 and R-2
to R-3 (MU1ti-Family Residential) for approximately 3.6 acres
of land north and south of Olanda Street bounded by Cookacre
Street on the west and Atlantic Avenue to the East and
consisting of lots 16, 17, 21, 22, 25 and a portion of lot 15
in order to develop sixty-five (65) Single-Family residences.
RECOMMENDATION
Staff respectfully requests that, after consideration, the
Planning Commission adopt the attached Resolutions No. 2578
and 2579:
I l. Certifying that the projects will not &ave a significant
! effect on the environment and that a Negative Declaration
� has been issued pursuant to the provisions of State CEQA
i . Guidelines.
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i 2. Approving and recommending City Council adoption of
i General Plan Amendment, Case No. GPA 96-01 and Zone
i Change, Case rio. ZC 96-01.
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I REGULAR ORDER OF SIISINESS
I STAFF COMMENTS:
! PIIBLIC ORALS
� ° COMMISSION ORALS
� STAFF ORALS
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i ADJOURNMENT
� Adjourn to the regular meeting of the Planning Commission on March
� 12, 1996 at 7:30 p.m., in the City Hall Council Chambers, 11330
' Bullis Road, Lynwood, California.
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fiGENDA�EM N0. �
� CASE N0. cUP8zOS3�
I DATE: February 13, 1996
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I TO: Planning Commission
I FROM: Gary Chicots, Director
� Community Development Departmen�
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SUBJECT: Additional Conditions of Approval for Conditional Use
I Permit.CUP 82053A
Applicant: City of Lynwood
Reauest:
After review of compliance with the Conditions of Approval for
Conditional Use Permit No. CUP 82053A, the Planning Commission
requested that an additional condition or conditions be prepared
for Commission consideration. The condition(s) would reenforce the
responsibility of the owner and tenant to operate the use in a safe
and responsible manner in compliance with all applicable City
ordinances and regulations. CUP 82053A was originally approved on
June O8, 1982 to authorize the operation of a self" service gas
station and car wash at 11151 Long Beach Boulevard.
Backaround•
At the November 8, 1995 City Council meeting, the Council received
a number of complaints from neighbors concerning the operation of
Andy�s Shell Station at 11151 Long Beach Boulevard. Complaints
centered around aggressive panhandlers and transients congregating
to try to get car wash customers to pay them to dry off their cars.
At their regularly scheduled December meeting, the Planning
Commission held a public hearing to investigate compliance with
conditions of approval by the operator of Andy's Shell Service
Station at this location. After hearing testimony, the Commission
cor.tinued the hearing to its January meeting and, after additional
report and testimony, requested that one or more additional �
conditions be prepared to add to CUP 82053A.
Analvsis:
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Staff has checked this site a number of times during January and �
February. Conditions have much improved with only 2 authorized car �
drying persons operating on site. No drying has been occurring on I
the street and no congregation of panhandlers and transients has
been observed.
In order to emphasize the responsibility of the station owner and I
operator and to facilitate quick response if problems should
reoccur, the Planning Commission requested that additional 1
conditions be added to the original use permit. The Deputy City �
Attorney has recommended the following conditions:
"1. The permittee and property owner shall supervise activity
on the property in a manner which insures that no violation of
federal, state or local laws is committed on the property. �
Such supervision may include the hiring of additional j
employees or security guards or utilization of other security
measures to ensure compliance. �
2. The Planning Commission shall review the permittee's i
compliance with the Conditional Use Permit in 6 months from i
the date of adoption of Resolution No. 2581 or sooner if
necessary." i
These conditions will assist the City in overseeing and regulating �
the operation of this service station.
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� Recommendation:
j Staff respectfully requests that the Planning Commission, after
; consideration, adopt Resolution No. 2581:
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i 1. finding that the operator of the Shell Service Station at 1151
� Long Beach Boulevard currently is in compliance with the
Conditions of Approval for CUP 82053A and related City
Ordinances and restrictions.
2. adding the following condition to the Conditions of Approval
for CUP 82053A:
"1. The permittee and property owner shall supervise activity
on the property in a manner which insures that no violation of
federal, state or local laws is committed on the property.
Such supervision may include the hiring of additional
employees or security guards or utilization of other security
measures to ensure compliance.
2. The Planning Commission shall review the permittee's
compliance with the Conditional Use Permit in 6 months from
the date of adoption of Resolution No. 2581 or sooner if
necessary.��
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ATTACHMENT: �
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1. Conditions of Approval, CUP 82o53A !
2. Resolution 2581 '
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�'' _ - 82053 A
R�SOLUTION NO.86Z
A RESO:,UTION OF THE PLANNING COMMSSSION OF THE
CITY OF LYNWOOD APPROVING AN P,ppLICATION FOR A
COND / � ITIONAI, I U � S. / "i � P�RMIT TO UPERATE A SEL SERV �'
V'^• CT' �lal.�nT �t: 7o�T1T/��T` n� L,n�;� �`J �LJ J�
a5 PER�MA? RECORDED IN BOOK 24 PAGES 78 TO 80
INQUSICE, IN THE OFFICE OF THE COUNTY RECORDER,
AND ALL OF LOTS 92 AND 93, TRACT N0. 2551, COMMON-
LY KNOWN i-.S 11151 LONG SELC� anTTr. .�atrjZ I,y�00D
WI-IEREA:, the Lynwood Planning Commission, pursuant tc law, did I
or. June 6, 1982, hold a public hearing on the application for a Con- �
ditional Use Permit to operate a self-service �
the subject address,- gasoline station at j
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WHEREAS, the Conmission has considered all pertinent testimony
ofLered in the case as cne public hearing; i
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wHEREAS, it has beer. determined by the Planninq Division that j
-he pro_ect is cateaoricall., exempt `rom the provisions of the Cal- '
;�orria Envzronmental ',�,uality Art; � �
T_he Planninq Commi;slor. of r_he City o° Lynwoou does hereby
c�::�oive as fo'_lows r j
Sc^TION _. Th� P!ann�ng Commisslar. does ilereb�- fino and decerm�.ne I
cha*. saiZ application shou;d be grante•^ fur. cne following reasons; �
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�+- Phe granting o c:7e proposeb .:onditioaai Use Permic j
will not adversely affect the comprehensiva Genezal
Plan as the subject site is 3esignated as "Commercial" �
on the �eneral Plar. Map; ' j
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B. The proposed location of the cone�itional use is in I
accorZ with the objectives of the Zoning Ordinance �
and the purpose of the C-2A Zone in which it is located; �
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C. The pr000sed location of the conditional use and the �
conditions under which it would be operated will not
be detrimental to the public health, sa£ety and welfare �
or materially injurious to properties or improvements j
in the vicinitv; �
u. The prcposed conditionai use wi11 comply with each of the '
provisions of Section 25-16.16 of Che 2or.ing �Jrdinance; �
E. The strict or liieral interpretation and enforcement of the �
maximum hei.ght and numher regulation for gasoline service j
station signs would result in•practical difficulty and �
unnecessarv phvsical hardship;
F. There are exceptional or extraordinary circumstances or �
conditions applicable to the subject property which do not �
aPPly generally to other properties in the C-2A Zone in that �
the mode of operation of self-service gas station5 has �
changed in recent years; requirino different usage for �
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modern stations;
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�; 82053A
G. Strict or :iteral interpretation and enforcement of the
aforementicned regulation would deprive the applicant
of privile�es enjoyed by the owners of other properties
in the C-ZF. Zone;
H. The granting of the requested Variance does not ccrnsti-
tute the granting of a special privilege�inconsistent with
the limitations on other properties in the vicinity classi-
fied C-2A.
SECTION 2. The Planning Commission of the City of Lynwood hereby
approves a Conditional Use Permit for the applicant to operate a self-
service nasoline station at the subject address, subject to the follow-
ing conditions: .
A. The sub,�ect property shall be used solely for a self-service
gasoline station with car was per plans submitted; conditions
imposed, and future modifications thereto;
B. A minimum of thr'ee (3) employee parking spaces (minimum
size 9' X 18') shall be provided on the site; .
C. One (1) free standing pole sign shall be permitted and shall
be limited to a maximum height of twenty-Cive (25) feet;
D. Five (5) identifying signs shall be permitted, including
a maximum of two (2) canopy signs; area of sixteen (16)
square feet per sign;
E. One (1) price or service description sign per street frontage
sha11 be permitted, not to exceed twenty and one-half (202)
square feet per sign face. These signs must be permanently
mounted.
F. A.dvertising signs or devices, tanners and flags shall te
prohibited unless written permission is obtained from the
Secretary of the Planning Commission for specific time
provided;
G. All landscaping shall be maintained in a neat and orderly
fashion which shall include proper pruning, mowing of lawns,
weeding, removal of litter, fertilizing, replacement of plants
when necessary and the regular watering of all plants by a
permanently installed automatic irrigation system;
N• All planter areas shall be protected by a six (6) inch high
concrete curb and shall be a minimum three (3) feet 9n width;
I. All necessary permits and license, including sign permits,
shall be obtained prior to the operation of a business at
this tocation;
J. All Lynwood Municipal Code and Zoning Ordinance requirements
shall be met;
K. All required bonds for off-;ite fmprovements (water mains, �
fire hydrants, curbs, gutters, sidewalks, etc.) shaT1 be �
submitted prior to issuance of Building Permits; ;
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L. The Conditional Use Permit shall lapse and become void if �
operation under the foregoing conditions does not commence �
aithin one (1) year from the date of approval.
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RESOLUTION NO. 2561
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LYNWOOD ADDING CONDITIONS OF APPROVAI, TO CONDITIONAL USE
PERMIT NO. CUP 82053A AUTHORIZING THE OPERATION OF A SELF
SERVICE GAS STATION AND CAR WASH AT 11151 LONG BEACH
BOULEVARD, LYNWOOD, CALIFORNIA
THE PLANNING COMMISSION OF THE CITY OF LYNWOOD HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The Planning Commission of the City of Lynwood, at
the request of the City Council and pursuant to law, on December
12, 1995, held a public hearing to consider compliance by the Shell
Oil Company and Mr. Andy Sung ("Permittee") with conditions of
approval of Conditional Use Permit No. CUP 82053A authorizing the
operation of a self service gas station and car wash at 11151 Long
Beach Boulevard. After testimony, the hearing was continued to
January 09, 1996. The said Permittee was present at the original
hearing and subsequent continued hearings.
Section 2. At the December 12, 1995 hearing, staff reported
that Conditional Use Permit No. 82053A was issued upon condition
that the use complies with all applicable municipal codes and
ordinances and upon the finding that "the use and the conditions
under which it operates will not be detrimental to the public
health, safety and welfare or be materially injurious to properties
or improvements in the vicinity". Based on recent police reports
and resident's complaints, staff concluded that the conditions
under which the use is operating has become "detrimental to the
public health, safety and welfare".
Section 3. In addition, Condition J. of Conditional Use
Permit 82053A requires that "All Lynwood Municipal Code and Zoning
Ordinance requirements shall be met". Staff reported that Condition
J is not being complied with because the use was being operated in
a manner that permits or allows the violation of the following Code
provisions:
1. Municipal Code 3-5
'�NO person shall indulge in ... threatening or indecent
conduct ... or loiter, interrupt or obstruct normal business
or activity within any public place ...."
2. Municipal Code 3-23
"Prohibitions. No person shall coerce, threaten, hound, or
intimidate another person for the purpose of soliciting alms
on the street or at any other place that is open to the
public, whether publicly or privately owned".
"For the purpose of this section, soliciting shall mean asking
for money or something of value, whether by word, bodily
gestures, signs or other means."
Section 4. Section 25-25.12 of the Zoning Ordinance provides
that upon failure to comply with conditions, "The Planning �
Commission shall hold a public hearing ..... and if not satisfied �
that the regulation, general provision, or condition is being �
complied with, may revoke the conditional use permit or take such i
actions as may be necessary to insure compliance with the I
regulation, general provisions, or condition." ,
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Section 5. The Planning Commission carefully considered all I
pertinent testimony offered at the regular and continued public
hearings and at the meeting of January 09, 1996 determined that in
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order to insure that violations would not continue or reoccur and .
< to insure appropriate monitoring of this Use Permit, two additional
conditions needed to be added to Conditional Use Permit No. CUP
82053A.
Section 6. Now therefore, the Planning Commission of the City
of Lynwood directs that the following conditions. be added to
Conditional Use Permit No. CUP 82053A:
M. The permittee and property owner shall supervise�activity
� on the property in a manner which insures that no violation of
federal, state or local laws is committed on the property.
Such supervision may include the hiring of additional
employees or security guards or utilization of other security
measures to ensure compliance.
N. The Planning Commission shall review the permittee's
compliance with the Conditional Use Permit in 6 months from
the'date of adopt.ion of Resolution No."2581 or sooner if
necessary.
- Section 7. A copy of this resolution shall be delivered to
" the Permittee and the City Clerk. -
APPROVED and ADOPTED this 13th day of February, 1996 by
members the Planning Commission voting as follows:
AXES:
NOES:
ABSENT:
ABSTAIN:
; • Carlton McMiller, Chairperson
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Gary Chicots, Director Michele Beal Bagneris,
Community Development Dept. Deputy City Attorney
, �c,Fr�A (TEM N0. 2
DATE: Febru•y 13, 1996 �nSE I`d0 ��� ■����
�� TO: PLANNING COMMISSION
FROM: Gary Chicots, Director / (/i/ .
Community Development Department ti'�/
BY: Robert Diplock, Planning Manager
Planning Division
SUBJECT: Conditional Use Permit - Case No. CUP 95-13
Applicant: Ricardo Toralba
PROPOSAL:
The applicant is requesting approval of a Conditional Use Permit
in order to legalize a two unit addition to a single family
residential unit. Six (6) covered parking spaces will be
provided on site at 12747 Harris Avenue in the R-2 (Two-family
Residential) zone.
FACTS:
1. Source of Authoritv
Section 25-4.2 of the Lynwood Zoning Ordinance requires that
a Conditional Use Permit be obtained for residential
� development in the R-2 and R-3 (Residential)'zones.
2. Propertv Location
The site is located on.the west side of Harris Avenue
between McMiller and Olanda streets (see attached location
' map).
3. Propertv size
The site consists of a irregular shaped lot approximately
9,600 square feet in size.
4. Existina Land Use
The property is developed with a single family dwelling and
two (2) attached units with a two (2) car garage. The
surrounding land uses are as follows:
North - Single Family/Multi-Family Residential
South - Single Family/Multi-Family Residential
East - Single Family/Multi-Family Residential
West - Single Family/Multi-Family Residential
5. General Plan and Zonina Desianations
The General Plan Designation for the subject property is
Town House and Cluster Housing and the zoning is R-2. The
surrounding land use designations are as follows:
General Plan Zoning
North - Town House and Cluster Housing North - R-2
South - Town House and Cluster Housing' South - R-2,R-1
East - Town House and Cluster Housing East - R-2
West - City of Compton
f\planning\staffrpt\f:cup95-13
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, 6. Proiect Cha�teristics: • '
' The applicant is requesting approval of a Conditional Use
Permit to legalize two (2) dwelling units added to a single
family dwelling. The development consists of an existing
single family residential dwelling, with two (2) attached
dwellings. The project call for the demolition of the
existing garage and development of a six (6) car garage.
�. Site Plan Review
On January 30, 1996, the Site P1an.Review Committee
evaluated the proposed development and recommended approval
to the Planning Commission, subject to specific conditions
and requirements.
e. Zonina Enforcement History
None of record.
9. Public Response
None of record at the time this report was prepared.
ISSUES AND ANALYSIS
1. Consistencv with General Plan and Zonina
The proposed land use is consistent with the existing
General Plan designation of Town House and Cluster Housing.
Therefore, granting Conditional Use Permit No. 95-13 will
not adversely affect the General Plan. The development also
meets the Zoning Ordinance use and density regulations.
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
by the Zoning Ordinance. Furthermore, the subject property
is adequately served with the reguired public utilities and
offers adequate vehicular and pedestrian accessibility.
3. Compliance with Development Standards
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.
4. Compatibilitv
The proposed project will be located in a neighborhood that
is substantially in transition from single-family to multi-
family residences.
5. Conditions of Approval
The proposed project, 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 endanger the public health, safety or
welfare.
6. Benefits to Communitv
The proposed development will add to the City's affordable
housing stock in furtherance of the policies of the Housing
Element of the General Plan.
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7. Environmenta�Assessment
� The Community Development Department Staff has determined
that the project is Categorically Exempt from provisions of
the State'of California Environmental Quality Act, pursuant
to Section 15061b of the State CEQA guidelines.
RECOMMENDATION:
Staff respectfully requests that, after consideration, the
Planning Commission adopts the attached Resolution No. 2569:
1. Certifying that the project is Categorically Exempt
from the provisions of the California Environmental
Quality Act pursuant to Section 15061b of State-CEQA
, Guidelines.
2. Approving Conditional Use Permit, Case No. 95-13,
subject to the stated conditions and requirements.
ATTACHMENTS
1. Location Map
2. Resolution No. 2569
3. Site Plan
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• RESOLUTION NO. 2569 • �
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A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING CONDITIONAL USE
PERMIT NO. 95-13 TO LEGALIZE A TWO (2) STORY
STRUCTURE, CONTAINING TWO UNITS, ATTACHED TO
AN EXISTING RESIDENCE, WITH SIX (6) COVERED
PARKING SPACE PROVIDED ON SITE AT 12747 IN
THE R-3 (MULTI-FAMILY RESIDENTIAL) ZONE,
LYNWOOD, CALIFORNIA.
WHEREAS, the Lynwood Planning 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 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
cievelopment in the R-2 (Two-Family Residential) 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.
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
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 esthetically upgrade the
area and will act as a catalyst in fostering other
quality developments.
Section 2. The Planning Commission of the City of Lynwood,
based upon the aforementioned findings and determinations, hereby
approves Conditional Use Permit, Case No. 95-13, provided the
following conditions are observed and complied with at all times.
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. •COMMUNITY DEVELOPMENT DEP • MENT �
� 1. The proposed development shall comply with all applicable
regulations of the Lynwood Municipal Code, the Uniform
Building Code and the Fire Code and be in substantial
compliance with plans on file with the Community Development
Department. To uphold the prescribe conditions in this
resolution all conditions must be strictly adhered to i.e.
flood control requirements, legal use of all structures on
the subject property.
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 of
said Conditional Use Permit.
3. The applicant shall meet the requirements of all other City
Departments.
4. The applicant and/or his representative shall sign a
Statement of Acceptance stating that kie/she has read,
understands, and agrees to all conditions of this resolution
prior to issuance of any building permits.
PLANNING DIVISION 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. Landscaped areas are to be a minimum of twenty-five (25�)
percent of the lot area.
9. Landscaping and irrigation shall be installed in accordance
with a detailed plan to be submitted and approved by the
Community Development Director 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.
10. The required front, rear, and side yards shall be landscaped
I and shall consist predominately of plant materials except
I for necessary walks, drives and fences.
� 11. A minimum of two (2) car garage per unit is required for
' this project.
I 12. A six (6') foot high block all shall be installed along the
I 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 three (3') feet measured
� from top of curb.
I � 13. No side yard shall be less than five (5') feet.
14. Final building elevations, including materials of
` construction, shall be submitted to and approved by the
I Building Official and the Planning Division prior to
issuance of any building permits.
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. 15. Before any �ilding permits shall be issued, the aeveloper
� shall pay $1.72 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.
17. Acoustical construction materials shall be used throughout
the units to mitigate freeway noise to the standards and
satisfaction of the Building and Safety Division.
18. The roof shall be constructed with a non-reflective material
of either concrete tile or clay tile.
19. Resid'ential 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.
20. All front yard setbacks must be measured from inside the
street dedications.
21. Prior to obtaining a building permit, the design of the
exterior elevation of the building must be approved by the
Director of Community Development.
22. 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.
23. 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. Zn 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.
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 vacant lot 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.
27. A cover sheet of approved conditions must be attached to
plans prior to submission to the Building and Safety
Division.
28. The property owner will maintain a pro-active approach to
the elimination of graffiti from the structures, fences and
an accessory building, on a daily basis.
i 29. For the purpose of providing heating for any dwelling
I proposed, only an energy efficient forced air furnace shall
be used, and that the use of any wall furnace shall be
expressly prohibited.
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�BLIC WORKS ENGINEERING DEPARTMENT � I
' 30. Reconstruct damaged sidewalk, along Harris Avenue. I
31. Reconstruct 24" wide gutter and asphalt pavement along �
property frontage on Harris Avenue.
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32. Reconstruct damaged and substandard drive approach(es), per
City standards. I
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33. Construct one (1) wheelchair ramp(s) at north west corner of i
McMillan Avenue and Harris Avenue. �
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34. Connect to public sewer. Each building shall be connected �
separately. Construct laterals as necessary. �
35. Remove existing dead street tree(s) and provide and plant �
two (2) trees per Lynwood standards. (Location and type of i
species will be determined by Public Works inspector.)
36. Regrade parkway and landscape with grass. ,
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37. Underground all utilities. I
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38. A permit from the Engineering Division is required for all �
off-site improvements. �
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39. 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 i
the developer. The contractor must obtain a permit from the �
Public Works/Engineering Division prior to performing any l
work. �
FIRE DEPARTMENT
• No Comment
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Section 3. A copy of this resolution shall be delivered
s to the applicant. �
APPROVED AND ADOPTED this th day of February, 1996, by
members of the Planning Commission voting as follows: �
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AYES: �,
NOES: '''
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ABSENT: �I
ABSTAIN: NONE I
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Carlton McMiller, Chairperson
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APPROVED AS TO CONTENT: APPROVED AS TO FORM: I
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Gary Chicots, Director Michelle Beal Bagneris
Community Development Department Deputy City Attorney
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DATE: Februax 1996 AGEND�TEM NO' 3
` TO: PLANNING COMMISSION
CASE N . `f'/h �'�06 V�R 3�
FROM: Gary Chicots, Director
Community Development Department �
r�': Robert Diplock, Planning Manager
SUBJECT: TENTATIVE MAP CASE N0. TM 95-06/VARIANCE CASE NO. 38
Applicant: Wilbur Owens.
PROPOSAL:
The apolicant is requesting approval of Tentative Map No. 52143
(Case No. TM 95-06) in order to subdivide and develop a vacant
parcel_into six (6) lots for single family residential use at
northesst corner of Weber and State streets, in the R-2 (Two
FamilY) residential zone. For two of the proposed lots, and
r�ecaus:= of the odd shape of the original parcel, the applicant
i�as a.Lao submitted a variance request (VAR 38). For Lot 1, the
reques` is to reduce the required lot area from 5,000 sq. ft. to
�,172 sq.ft., the required lot length from 100 feet to
I approximately 93 feet, and the required rear yard from 20 feet to
?2.5 feet. For Lot 6, the request is to reduce required lot area
i°om 5,000 sq.ft. to 4,172 sq. ft. and the required lot length
irom 100 feet to approximately 92 feet.
At thP applicant's request, this case was continued from the last
Commi:sion Meeting in order to review conditions,.,�f�approval with
S�aff.
F:;CTS
,.. �ource of Authoritv
Section 25-18, et seq., Subdivision Regulations of the
Lvnwood Municipal Code and the Subdivision Map Act,
�overnment Code Section 66410, et seq require that a
Tentative Map be submitted for the subdivision of land into
five or more parcels. Section 25-26 of the Lynwood 2oning
c�r_dinance permits a Variance to be obtained from the
' ?�'_anning Commission when there are special circumstances
.��.aplicable to the property, and when strict application of
'��ie Zoning Ordinance deprives such property of privileges
e_ljoyed by other property in the vicinity and under
i.�lentical zoning classification.
i ... Propertv Location.
I ']�t:e property, a triangular shaped parcel, is located at the
northeast corner of State Street and Weber Avenue (Block 17,
i Belle-Vernon Acres M.B. 9-196), and is approximately 30,000
� square feet in size. (See attached location map).
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j _. rtxisting Land Use
7'_1e parcel is vacant. The uses surrounding the parcel
consist of the following:
! North - Single Family Residential
� South - Multiple Family/Single Family
� East - Single Family
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�, West - Zndustrial
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, 4. General Pla�esianation • �
� The General Plan designation for the property is Single
F'amily. The surrounding land use designatio'ns'and zoning
c�assifications are as follows:
General Plan Zoning
North - Single Family Residential R-1
South - Multi Family Residential R-3
East - Single Family Residential R-1
West - City of Compton
5. Proiect Characteristics
7'he applicant proposes to subdivide one vacant lot into six
lots in order to develop single family dwellings on each of
the lots. The lot to be subdivided is triangular in shape
anproximately 30,000 sq.ft. in size. The proposed
subdivision, with an approval of a Variance Request, would
a_low for the development of six single family dwellings on
lots of 4,172 sq. ft., 5,992 sq. ft., 5,000 sq. ft., 5,000
sq, ft., 5,002 sq. ft., and 4,855 sq. ft. Off-site
irnprovements are required.
6. `_;: Plan Review
F:=� its regular meeting on December 28, 1995, the Site Plan
�:eview Committee evaluated the proposed subdivision and
recommended approval to the Planning Commission, subject to
snecific conditions and requirements.
ANALY S:CS
1. �onfiQUration of the Proposed Subdivision
a. The design of the proposed subdivision shows the proposed
lot to be in character with existing Single Family and
Multi-Family Residential development in the area.
e�. The proposal to subdivide one (1) parcel into six (6)
lots meets the overall density requirements of the Zoning
, Ordinance.
c. The site is physically suitable for subdivision and
Single Family Residential development. However, due to
the shape of the original parcel, two odd shaped lots
will be created.
' 2. Consistencv with the General Plan
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� �,. Staff's inspection shows that the proposed subdivision
. will permit future development compatible with the
� Single Family Residential designation on the General
i Plan.
� b, The size and location of the proposed subdivision is
consistent with the Housing Element and the Land Use
i goals and policies of the General Plan.
3. Other Findinas
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��. The site is physically suitable for the type of
( development.
; , b. The site is physically suitable for the proposed density
� of development.
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� c. The d Lgn of the subdivisio or the proposed -
improvei�ts will not cause subst�ial envi�onmental
damage or substantially and avoidably injure fish or
� wildlife or their habitat:
d. The design of the subdivision or the type of
improvements will not cause serious public health
problems.
e. The design of the subdivision or the type of
improvements will not conflict with easements for access
through or use of, property within the proposed
subdivision.
' 3. �' ariances
S�af£ believes that because of the physical conditions
�pecific to this property the required findings for granting
a Variance can be made for this proposal. Those findings are
�hat:
a. The strict and enforcement of the specific regulations
would result in practical difficult or unnecessary
physical hardship inconsistent with the objective of
the Zoning Ordinance.
r�. There are exceptional and extraordinary circumstances
and conditions applicable to the subject property which
do not apply to other properties in the same zone.
<:. The strict or literal interpretation and enforcement of
specified regulations would deprive the applicant of
privileges enjoyed by the owners of other properties in
the same zone.
d. The granting of the variance as conditioned will not
constitute the granting of special privilege
inconsistent with the limitations on other properties in
the vicinity classified in the same zone.
e. 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.
_. The granting of the variance will not adversely affect
the orderly development of the City.
Enviroamental Assessment
The Community Development Department has determined that no
� substantial environmental impact will result from the proposed
I proje�.t. Therefore, pursuant the provisions of the California
Environmental Quality Act and State CEQA Guidelines, a Negative
Decla�ation has been prepared and is on file in the Community
I Develoament Department and the office of the City Clerk.
I RECOMPi�NDATION(S):
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� Staff respectfully requests that, after consideration, the
l Planning Commission adopt Resolution No. 2573 approving Tentative
i Map No. 52143, Case No. TM95-06, and Resolution No. 2574
i appro�i'_ng Variance No. 38.
i Attaciunents:
I i. Location Map.
i 2. ientative Map No. 52143
I 3. :tesolution No. 2573
� 4. Resolution No. 2574
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� RESOLUTION N0. 2573'
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LYNWOOD
APPROVING TRACT MAP NO. 52143 TO
SUBDIVIDE ONE (1) PARCEL INTO SIX (6)
LOTS. BEING A SUBDIVISION OF BLOCK
170F BELLE-VERNON ACRES RECORDED IN
BOOK 6186-002 OF MAPS IN RECORDS OF
THE COUNTY OF LOS ANGELES. '
WHEREAS, the Planning Commission of the City of Lynwood
oursuant to law, conducted a public hearing on the subject
application; and
WHEREAS, the Community Development Director has
determined that the proposal is exempt from the provisions of the
State CEQA Guidelines, as amended; and
WHEREAS, the Planning Commission has carefully
considered all pertinent testimony offered in the case as
presented at the public hearing; and
WHEREAS, the preparation, filing and recordation of a
Parcel Map is required for development; and
Section 1. The Planning Commission does hereby find and
determine that said Tract Map No. 52143 in the R-2 (Two-Family
Residential) zone, should be approved for the following reasons:
A. The subdivision meets all the applicable requirements
and conditions imposed by the State Subdivision Map
Act and the Subdivision Regulations of the Lynwood
Municipal Code.
B. The proposed subdivision of lots is consistent with
the applicable elements of the General Plan and the
Official Zoning Ordinance of the City of Lynwood.
C. Proper and reasonable provisions have been made for
adequate ingress and egress to the subdivision of the
lot.
D. Proper and adequate provisions have been made for all
public utilities and public services, including
sewers.
Section 2. The Planning Commission of the City of
' L�nwood hereby approves Tract Map No. 52143 in the R-2 (Two
Family Residential) zone, subject to the following conditions.
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
1. The applicant shall meet the requirements of all other City
Departments.
2. The applicant, or his representative, shall sign a
Statement of Acceptance stating that he has read,
understands, and agrees to the conditions imposed by the
Planning Commission, before any building permits are
issued.
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• � PLANNING DIVISION � �
' 3. Within twenty-four (24) months after approval or
conditional approval of Tract Map, the subdivider shall
file with the City of Lynwood, a Final Map in
substantial COMPLIANCE THE tENTATIVE tRACT mAP
ASconditionally approved, and in conformance with the
Subdivision Map Act and the Subdivision Regulations of the
City of Lynwood.
4. No grading permit or building permit shall be issued prior
to recordation of final map or another appropriate
instrument approved by the City of Lynwood, a Final Map as
approved or conditionally approved, and in conformance �
, with the Subdivision Map Act and the Subdivision
Regulations of the City of Lynwood.
5. Extension of the Tract Map approval shall only be
considered if the applicant or his/her representative,
submits a written request for extension to the Community
' Development Department stating the reasons for the request,
at least thirty (30) days before map approval is due to
expire, pursuant to, and in compliance with, Section 25-18,
of the subdivision regulations of the City of Lynwood.
6. The Final Tract Map shall be filed with the City Engineer
of the City of Lynwood.
7. The existing property shall be cleaned and maintained in
sanitary condition pending construction of the proposed
developmest, and shall be maintained in a neat and
orderly manner at all times.
DEPARTMENT OF PUBLIC WORKS/ENGINEERING
8.' All conditions of the State Map Act and 'the City's
subdivision Ordinance must be met prior to recordation.
All matters and improvements shall be consistent with the
ordinance, standards, and procedures of the City's
Development Standards, Engineering Procedures and Standards,
Plater Standards, and Planting Standards of the Department of
Parks and Recreation.
Tne Developer is responsible for checking with staff for
clarification of these requirements.
9.. Submit a Subdivision Guarantee to this office.
The Final Map shall be based on a field survey. All
surveying for the proposed development will be done by the
Developer, including the establishment of centerline ties.
Enclose with the final map the surveyor's closure sheets.
10. Developer shall oay all applicable development fees
iacludinq drainaae, sewer, water and parkwav trees prior to
=ssuance of anv building permits.
i Pav Tract Map checkinq fees prior to checking_
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� Pay S100 monument checking fee prior to recordation.
j Deposit S50 with Citv Engineer to cTUarantee receipt bv Citv
'I of recorded, reproducible mvlar, tract map prior to
r ecordation.
� Al1 special assessments and utilities or sewer connection
' fees are to be paid prior to recording the Final Map. All
; requirements to the serving utilities to be met or
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guaranteed prior to recording of the Final Map.
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11. Gradinq and �a3ning • '
' A grading plan signed by a registered Civil Engineer shall
be submitted for the approval of the Director of Public
Works/City Engineer and the Director of Community
Development. The grading plan shall include the topography
o` all contiguous properties and streets and shall provide
for the methods of drainage in accordance with all
applicable City standards. Retaining walls and other
protective measures may be required. Offside drainage
easements may be necessary. The structural section of all
parking areas shall be designed by a Civil Engineer based
uoon soils analysis supplied by a recognized and approved
soils engineering firm. The structural section shall be
approved by the Director of Public Works/City Engineer. In
the event that the design is not provided, the minimum
structural section that will be approved by the Director of
Public Works/City Engineer would be 2 inches of asphalt on 4
inches on untreated rock base.
Submit to this office a Geologic/Soils Report signed by a
kegistered Soils Engineer. "
12. Se wers
Tne development shall be provided with public sewers.
Connect to public sewer. Provide laterals as necessary.
L'�esign of all sanitary sewers shall be approved by the
A-rector of Public Works/City Engineer.
13. jr9ater Systems
�he Developer shall construct a water system including water
�:��rvices, fire hydrants and appurtenances through the
development as required by the Director of Public Works/City
Fngineer. The Developer shall submit a water system plan to
t':ie City of Lynwood Fire Department for fire hydrant
locations. The City will install water meters only.
Uayment for said meters shall be made to the City prior to
issuance of building permits. The Developer shall install
on-site water facilities including stubs for water meters
and fire hydrants on interior and on boundary arterial
s�-reets.
A11 conditions of the Lynwood Fire Department must be met
�rior to recordation.
14. Public Easements and Riaht-of Wav
� WLere drainage, sewer and other such easements are required,
t.:.ie minimum easement width shall be ten (10) feet to
I racilitate maintenance unless otherwise approved by the
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��irector of Public Works/City Engineer.
� Dedicate sufficient property at northwest corner of Santa Fe
�:venue and Weber Avenue to accommodate corner cut-off.
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I 15. S.idewalks
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� nesign, configuration and locations shall be subject to the
I at�proval of the Director of Public Works/City Engineer, and
' '�:ie Director of Community Development. Ramps for physically
I il,�ndicapped persons shall be provided both on-site and off-
� ;:Lde as required by State and local regulations.
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16. Dust Control� Pedestrian Safetv • '
' Frior to the issuance of demolition or grading permits, the
developer shall:
a. Submit a plan indicating safety methods to be provided
to maintain safe pedestrian ways around all areas of
construction. This may require proper and adequate
signs, fences, barricades, or other approved control
devices as required by the Director of Community
Development.
17. The Developer shall install all public improvements, as
��equired by the Director of Public Works/City Engineer rior
to issuance bf any occupancy permits for this development.
Public Improvements shall include but are not limited to:
a. Submission and recordation of tract map/comply will all
map act requirements.
b. Connect to public sewer, pay Los Angeles County
Sanitation District fees and provide proof of payment.
Construct laterals as necessary.
c. Repair damaged sidewalks, curb and gutters and adjacent
pavement along Santa Fe Avenue.
�:. Reconstruction north half width of street pavement,
sidewalks, curb and gutters along Weber Avenue.
e. Construct new driveway approaches per A.P.W.A.
Standards.
_. Construct two (2) wheelchair ramps. (Locations to be
determined by Public Works City's Inspector.)
y. Install six (6) marbelite street lights per city
standards with underground services and conduits.
... Plant thirteen (13) street trees (24" box). Location
to be determined by Public Works City's Inspector.
1.. Pa the cit for re arin the street improvement plan,
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street light plan. No building permit will be issued
until these plans are completed and approved.
j. Submit a grading plan prepared and signed by a
registered Civil Engineer for all of the proposed
I f units. Pay plan checking fees to Public Works
� Department. No building permit will be issued prior to
� the approval of grading plan(s) by the City Engineer.
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._. Developer must comply with NPDES City's Ordinance ie.
j preventive measures to capture/contain run-off or
i. spills from the site; do not leave any materials in
areas not covered and susceptible to rain water run-
� off. Contact Department of Public Works for further
� details. (310) 603-0220 ext. 287.
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_. Provide for utilities, ie. gas, telephone, cable,
�� electricity, etc. Comply with utility CO'S
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requirements easements, etc.
n. 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.
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�, Works/Engineering Division prior to performing any
, ° off-site improvement works.
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' o. Regrad�arkway and landscape w� grass along the
perime of the site. '
' p. Underground all utilities.
18. All changes and repairs in existing curbs, gutters, and
sidewalks and other public improvements shall be paid £or by
the developer. If improvements are to be guaranteed, a
Taithful performance bond shall be posted by the developer
to guarantee installation of said public improvements and an
agreement for completion of improvements with the City
Council shall be entered into. Submit Policy of Insurance
or bond protecting City against damage or injury to persons
or property growing out of, related to, or resulting from
improvements or work. The Director of Public Works/City
Engineer will determine amount and form. Deposit with the
Director of Public Works/City Engineer before commencing any
�mprovements, a sum estimated by the Director of Public
t+lorks/City Engineer to cover cost of inspection of all
improvements under his jurisdiction.
Section 3. A copy of this resolution shall be
delivered to the applicant.
APPROVED and ADOPTED this day of February, 1996, by
membe�s of the Planning Commission voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Carlton McMiller, Chairman
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
E
I Gary Chicots, Director Michelle Beal Bagneris
Commuriity Development Department City Attorney
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RESOLUTION NO. 2574
1 A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LYNWOOD APPROVING A
VARIANCE REQUEST (CASE NO. VAR 38) TO
REDUCE LOT AREAS FOR LOTS 1 AND 6 FROM
5,000 SQ.FT. TO 4,172 SQ.FT. (LOT 1) AND
FROM 5,000 SQ.FT. FEET TO 4,855 SQ.FT.
(LOT 6) FOR A PROPOSED SUBDIVISION OF
BLOCK 17 OF BELLE-VERNON ACRES IN ORDER
TO DEVELOP SIX (6) SINGLE FAMILY
DWELLINGS, IN THE R-2 (TWO- FAMILY
RESIDENTIAL) ZONE, LYNWOOD, CALIFORNIA.
WHEREAS, the Planning Commission of the City of Lynwood,
oursuant to law, held a public hearing on the subject
apalication; and
WHEREAS, the Planning Commission has carefully considered
all pertinent testimony offered at the public hearing; and
wHEREAS, the project is consistent with the intent of the
General Plan in that the subject site is designated R-2 (Single-
ramily Residential).
wHEREAS, the Community Development Director has determined
tnat the proposal is exempt from provisions of the California
Environmental Quality Act pursuant to State CEQA Guidelines,
Section 15061b (3), as amended.
Section 1. The Planning Commission of the City of
Lynwood hereby finds and determines as follows:
A. The strict or literal interpretation and enforcement
of the specific regulation would result in practical difficulty
or unnecessary physical hardship inconsistent with the
o'�jectives of the City Zoning Ordinance.
B. That there are exceptional or extraordinary
circumstances or conditions applicable to the property involved
•:riiich do not apply generally to other properties in the same
zone.
C. The strict or literal interpretation and enforcement
�� o`_ the specified regulation would deprive the applicant of
privileges enjoyed by the owners of other properties in the same
:one.
� D. That the granting of the Variance as conditioned will
I �o� constitute the granting of a special privilege inconsistent
w:�h the limitations on other properties in the same zone.
, E. That the granting of the Variance will not be
detrimental to the public health, safety, or welfare, or
i materially injurious to properties or improvements in the
I ��:cinity.
� F. That the granting of the Variance will not adversely
� a�:ect the orderly development of the City.
, Section 2. The Planning Commission of the City of
Lyr.wood, based upon the aforementioned findings and the
� deLerminations, hereby approves Variance Case No..VAR 38,
I subject to the following conditions:
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COMMUNITY DEVELOPMENT DEPARTMENT
1. The proposed development shall comply with all applicable
regulations of the Lynwood Municipal Code, the Uniform
Building Code and the Uniform Fire Code.
2. Any proposed subsequent modification of the subject site or
structures thereon, shall be first reported to Director of
the Community Development for review and approval.
3. The applicant shall meet the requirements of all other City
Departments.
4. The applicant and/or his representative shall sig.n a
Statement of Acceptance stating that he/she has read,
understands, and agrees to all conditions of this approval
prior to issuance of any building permits.
PLANNING DIVISION
5. The applicant shall contact the U.S. Post Office (Lynwood
main office) to establish the location of a mail box
serving the proposed development.
6. Landscaping areas are to be a minimum of twenty-five (258)
percent of the lot area.
7. Landscaping and irrigation shall be installed in accordance
with a detailed plan to be submitted and approved by the
Director of Community Development prior to issuance.of any
building permits.
8. 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 landscape area; and
two (2) fifteen (15) gallon trees for each 500 square feet
of landscaped area.
9. The required front, rear, and side yards shall be
landscaped pursuant to Condition No. 8 except for necessary
walks, drives and fences.
10. No side yard shall be less then five (5') feet unless
approved under this Variance request.
11. Acoustical construction materials must be used throughout
the unit to mitigate freeway noise to the standards and
satisfaction of the Building and Safety Division.
12. Before any building permits shall be issued, the developer
shall pay $1.72 per square foot for residential buildings
to the Lynwood Unified School District, pursuant to
Government Code Section 53080.
13. A minimum two (2) car garage shall be provided for each
single family dwelling developed on the project site.
14. All driveway and parking areas shall be paved.
15. Construction shall commence within six (6) months from date
of issuance of building permits.
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� 16. Prior to th nstallation or construc�n of any�masonry
wall, the p�erty owner,shall obtain a permit'for and
submit the following information to the Planning Division:
a. Simple plot plan showing the location of the masonry
wall in relation to property lines, lengths, proposed
materials, and openings or gates to provide access for
vehicles and pedestrians.
b. For masonry walls (as defined in subsection 25-
2.1) a building permit shall be applied for in addition
to the plot plan described above. All masonry walls of
any height shall meet the requirements for masonry
construction as defined in Chapter 24 of the Unified
Building code. A fee based on the valuation of the
proposed construction shall be paid to the Building
Department.
c. All masonry walls shall be required to maintain
adequate pedestrian access for the purpose of safety
and convenience. A thirty-six (36) inch or three (3)
foot clear gate or opening shall be provided to all
enclosures for pedestrian and wheelchair access.
Pedestrian and vehicular access shall be provided
separately.
d. All masonry walls be required to be installed with a
finished, aesthetically pleasing side facing out toward
adjacent properties or the public right-of-way.
17. The roof of residential structures shall be constructed
with a non-reflective material of either concrete tile or
clay tile or some facsimile.
18. 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
roof-formed type metal siding.
19. All front yard setbacks must be measured from inside the
street dedications.
20. 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.
21. 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 or corner lot. Such equipment shall be screened
from surrounding properties and streets and operated in
accordance with the City's Noise Ordinance.
22. 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.
23. A cover sheet of approved Conditions must be attached to
plans prior to submission to the Building and Safety
Division.
24. 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 approved
Variance.
25. For the purpose of providing heating for any dwelling
proposed, only an energy efficient forced air furnace shall
' be used, and that the use of any wall furnace shall be
expressly prohibited.
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�BLIC WORR/ENGINEERING DEP�TMENT �
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• The Public Works and Engineering Department has found no cause
to establish conditions for this requests at this time.
FIRE DEPARTMENT
The Fire Department has found no cause to establish conditions
for this request at this time.
Section 3. A copy of this resolution shall be delivered to
the applicant.
APPROVED and ADOPTED this 13th day of February 1996, by
members of the Planning Commission voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Carlton McMiller, Chairperson
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Gary Chicots, Director Michelle Beal Bagneris
Community Development Director City Attorney
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�. DATE: Februai.l3, 1996 �' ITEM.NO .,�,��
=� CAS N0. ,_Y.�4_g�,��
TO: PLANNING COMMISSION
' FROM: Gary Chicots, Director �/
Community Development Department j
SUBJECT: Variance Case No.'VAR 96-01
Applicant: Kip Cyprus
Proposal•
� The applicant is requesting approval. of a Variance Request to �
, reduce the required lot width from fifty (50') feet to thirty-
two (32') feet, and the required lot area from 5,000 sq.ft. to
` 3,758 sq.ft. to develop a one (1) story, three (3) bedrooin,
single family residence at 11823 Third Avenue, in the R-1
(Single Family Residential) zone, Lynwood, California.
Facts
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1. Source of Authoritv.
- While Section 25-4.b of the Lynwood Municipal Code regulates
development standards in all residential zones, Section 25-
26 requires that a Variance be obtaine3.from the Planning
Commission when, because of the special .circumstances
applicable to the property, the strict application of the
Zoning Ordinance deprives such property of privileges enjoyed
by other property in the vicinity and under identical zoning
classification.
2. Property Location and Size
The site is located on on the west side of Third Avenue
between Agnes Avenue and Josephine Avenue. It is rectangular
and measures approximately 3,758 square feet in size. It is
adjacent to an alley and has a single family house on the
' adjacent lots to the north and south.
3. Existina Land Use
" The site is vacant and is surrounded by the following land
uses:
North - Single-Family Residential
South - Single-Family Residential
East - Single-Family Residential
' . West - Single-Family Residential
4. Land Use Description
, General Plan Zoning
, North - Single Family Residential R-1
South - Single Family Residential R-1
East - Single Family Residential R-1
West - Single Family Residential R-1
5. Proiect Characteristics
� The subject property, a vacant parcel, is planned for a three
bedroom, one story residential dwelling and an attached two
car garage. The project will contain three bedrooms, two
ba�hrooms, a kitchen, and a living room/dining areas. All
landscape requirements will be met by the proposed plan.
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.� � 6. Site Plan Re�w '
'`� 'At its regular meeting of January 30, 1996, the Site Plan
Review Committee reviewed and recommended approval of the
variance request.
7. 2oning Enforcement Historv
None of record.
8. Neiahborhood Resoonse
None of record at the time of preparation of the sta£f
_ report.
ANALYSIS AND CONCLUSION
1. Consistencv with General Plan
The proposed land use is consistent with the existing zoning
classification R-1 and the General Plan designation of Single
Family Residential. The proposed development density will be
greater than envisioned in the General Plan and permitted by
tne Zoning Ordinance. Therefore, a variance is required.
2. Site Suitabilitv
The property is undersiaed in relation to the proposed
: development. The lot is substandard and does not meet current .
_ development standards relative to lot width and lot area.
Therefore, a variance is required for the project.
Tne lot was divided prior to 1963 and a single-family home
was constructed on the lot. The structure burned and was
removed as a nuisance by the City in March 1995.
3. Compatibility
The proposed project will be located in a neighborhood that
is essentially single-family in character. Properties
located to the north, south, east and west are developed as
. single family residential. Thus, the proposed development is
compatible with the surrounding area.
4. Comoliance with Development Standards
F-ndinas Required for Granting a Variance•
Staff believes that the required findings for granting a
' Variance can be made for this request.
The applicant is being deprived of a right that is enjoyed by
o*_hers in similar circumstances. The lot width and lot area
of this parcel should not exclude residential development for
the subject site. With the exception of lot width and lot
area, the proposed dwelling will meet all residential
development requirement of the Zoning Ordinance.
, The strict enforcement of the specific regulation will result
in a practical difficulty or unnecessary physical hardship
inconsistent with objectives of the Zoning Ordinance.
There are exceptional and extraordinary circumstances and
. conditions applicable to the property involved which do not
apply generally to all other residential properties in the
City.
Staff recommends approval of the subject project variance for
, the reduction of lot width and lot area.
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' 5. Environmental�ssessment • �
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Community Development Department Staff has determined that
the project is Categorically Exempt from provisions .of the
State of California Environmental guality Act, pursuant to
Section 15061b of the State CEQA Guidelines.
RECONLMBNDATION
' S�aff respectfully requests that after consideration the
Planning Commission approve Resolution No. 2576:
A. Certifyinq that the project is categorically exempt �from
the provision of the California Environmental Quality Act -
untler State CEQA Guidelines, Section 15061b(3).
B. Granting Variance Number VAR 96-01, to reduce required
lot area and lot width in order_to permit the
' construction of a single family dwelling at 11823 Third
Avenue, Lynwood, CA.
P.*tach;nents
1. Location Map
, 2. Re�olution No. 2576
� 3. Site Plan
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k . RESOLUTION NO. 2576
.
A RESOLUTION OF THE PLANNING COMMISSION
. OF THE CZTY OF LYNWOOD APPROVING A
VARIANCE REQUEST (CASE NO. VAR 96-01) TO
REDUCE THE REQtJIRED LOT AREA FROM 5�000
SQ.FT. FEET TO 3,758 SQ.FT. IN ORDER TO
DEVELOP A SINGLE FAMZLY DWELLING ON THE
. SOUTHERLY 32 FEET OF LOT 151, ON THE
SOUTHEASTERLY LINE OF TRACT 8242,IN THE
CITY OF LYNWOOD, COUNTY OF LOS ANGELES,
' STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 115, OF MAPS, IN THE OFFICE OF
„ THE COUNTY RECORDER OF SAZD COUNTY, AT
11823 THIRD AVENUE, THE 'R-1 (SINGLE
FAMILY RESIDENTIAL) ZONE, LYNWOOD,
CALIFORNIA.
vdHEREAS, the Planning Commission of the City of Lynwood,
pursuant to law, held a public hearing on the subject
application; and
WHEREAS, the Planning Commission has carefully considered
, all pertinent testimony offered'at the public hearing; and
wHEREAS, the project is consistent with the intent of the
General Plan in that the subject site is designed Single Family
Residential.
WHEREAS, the Community Development Director has determined
that the proposal is exempt from provisions of the California
Environmental Qualifty Act, pursuant to CEQA Guidelines, Section
15061b (3), aa amended.
Section 1. The Planning Commission of the City of
Lynwood hereby finds and determines as follows:
A. The strict or literal interpretation and enforcement
o£ the specific zoning regulations would result in practical
difficulty or unnecessary physical hardship inconsistent with
' the objectives of the City Zoning Ordinance.
B. That there are exceptional or extraordinary
circumstances or conditions applicable to the property involved
which do not apply generally to other properties in the same
zone.
C. The strict or literal interpretation and enforcement
of the specified regulation would deprive the applicant of
privileges enjoyed by the owners of other properties in the same
zone.
D. That the.granting of the Variance as conditioned will
. not constitute the granting of a special privilege inconsistent
with the limitations on other properties 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 the granting 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 findings and the
detenninations, hereby approves Variance Case No. VAR 96-01,
subject to the following conditions:
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�NPIUNITY DEVELOPMENT DEPAR�NT �
1. The proposed development shall comply with all applicable
regulations of the Lynwood Municipal Code, the Uniform
Building Code and the Uniform Fire Code.
2. Any proposed subsequent modification of the subject site or.
structures thereon, shall be first reported to Director of
the Community Development for review and approval.
3. The applicant shall meet the requirements of all other City
Departments.
4. The applicant and/or his representative shall sign a
Statement of Acceptance stating that he/she has read,
understands, and agrees to all conditions of this approval
prior to issuance of any building permits.
PLANNING DIVISION
5. The applicant shall contact the U.S. Post Office (Lynwood
�ain office) to establish the location of a mail box
serving the proposed development.
�. ',andscaping areas are to be a minimum of twenty-five (258)
percent of the lot area.
7. �andscaping and irrigation shall be installed in accordance
�.�ith a detailed plan to be submitted and approved by the
Director of Community Development prior to issuance of any
building permits.
B. The minimum plant material shall be trees and shrubs
combined with ground cover as follows: One (1) five (5)
r,allon shrub for each 100 square feet of landscape area; and
�wo (2) fifteen (15) gallon trees for each 500 square feet
of landscaped area.
9. Tne required front, rear, and side yards shall be
iandscaped pursuant to Condition No. 8 except for necessary
v:alks, drives and fences.
i0. ?ao side yard shall be less then five (5') feet, unless
aaproved under a variance request.
i?. �,coustical construction materials must be used throughout
c::�e unit to mitigate freeway noise to the standards and
�a*isfaction of the Building and Safety Division.
12. f�efore any building permits shall be issued, the developer
( shall pay $1.72 per square foot for residential buildings
I � �o the Lynwood Unified School District, pursuant to
c;overnment Code Section 53080.
� 13. A minimum two (2) car garage shall be provided for the
�roposed development.
14. F�1 driveway and parking areas shall be paved.
':5. Juilding permit(s) will be issued based on plan revisions
�equired during Site Plan Review Committee Meeting on
I January 30, 1996. Construction shall commence within six
� (G) months from date of issuance of building permits.
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i 16. Prior to the installation or construction of any masonry
I v✓all, the property owner shall obtain a permit for and
j submit the following information to the Planning Division:
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+ a. " Simple �ot plan showing the locat7on of the�masonry
�- wall in relation to property lines, lengths, proposed
materials, and openings. or gates to provide access for
vehicles and pedestrians.
b. For masonry walls (as defined in subsection 25-2.1) a
building permit shall be applied for in addition to the
plot plan described above. All masonry walls of any
height shall meet the requirements for masonry
construction as defined in Chapter 24 of the Unified
' . Building code. A fee based on the valuation of the
proposed construction shall be paid to the Building
Department.
c. All masonry walls shall be required to maintain
adequate pedestrian access for the purpose of safety
and convenience. A thirty-six (36) inch or three (3)
foot clear gate or opening shall be provided to all
enclosures for pedestrian and wheelchair access.
Pedestrian and vehicular access shall be provided
separately.
' d. All masonry walls be required to be installed with a
finished, aesthetically pleasing side facing out toward
adjacent properties or the public right-of-way.
17. The roof of any residential structure shall be constructed
vaith a non-reflective material either concrete tile or
clay tile.
18. The residential structure shall have an exterior siding of
brick, stucco, wood, metal, concrete, or other similar
material other than the reflective, glossy, polished and/or
roof-formed type metal siding.
19. All front yard setbacks must be measured from inside the
street dedications.
20. 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.
21. tiir 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 or corner lot. Such equipment shall be screened
from surrounding properties and streets and operated in
accordance with the City's Noise Ordinance.
22. 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.
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� 23. A cover sheet of approved Conditions must be attached to
I pla,ns prior to submission to the Building and Safety
I Division.
24. 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 approved
variance.
1 25. For the purpose of providing heating for any dwelling
proposed, only an energy efficient forced air furnace shall
( be used, and that the use of any wall furnace shall be
� expressly prohibited..
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PUBLIC_WORK/ENGINEERING DEPARTMENT
26. Provide documentation that lots composing the property were
legally subdivided 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.
27. Submit a grading plan prepared and signed by a registered
Civil Engineer. Property is located within 100 year flood
level zone per flood boundary map. Also conform to all
applicable codes per section 12 1/2 of Lynwood Municipal
Code.
Fuilding above flood level will require substantial amount
of fill, therefore, suggest alternative methods of design
?;o minimize amount of livable space at ground level.
�Finish part elevation must be one (1) foot above flood
elevation)
28. Construct a new drive approach per City Standards at 3rd
� Avenue.
29. Construct two (2) wheelchair ramps at north and south side
of the alley (along 3rd Avenue).
30. Connect to public sewer. Each building shall be connected
separately. Construct laterals as necessary.
31. ?�egrade parkway and landscape with grass.
32. Underground all utilities.
33.' F. permit from the Engineering Division is required for all
oif-site improvements.
34. A11 required water meters, meter service changes and/or
sire protection lines shall be installed by the developer.
The work shall be performed by a licensed contractor hired
t�y the developer. The contractor must obtain a permit from
:.i�e Public Works/Engineering Division prior to performing
any work.
35. pay County Sanitation District connection fee(s). Provide
proof of payment.
FIRE DEPARTMENT
I The Fire Department has found no cause to establish
' conditions for this request at this tine.
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'�' Section 3. A copy of this resolution shall be delivered to
the applicant.
APPROVED and ADOPTED this 13th day of February, 1996, by
members of the Planning Commission voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Carlton McMiller, Chairperson
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Gary Cnicots, Director Michelle Beal Bagneris
Community Development Director City Attorney
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AG�NUA Ii�EM NE�, S i
` C,���I�O. G � P �s' !� _
DATE: Febru•y 13, 1996 �' � �
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TO: PLANNING COMMISSION .
FROM: Gary Chicots, Director
Community Development Department
BY: Robert Diplock, Planning Manager
Planning Division
SUBJECT: Conditional Use Permit - Case No. CUP 95 �
Applicant: Kathy Walker ,
PROPOSAL: �
The applicant is requesting approval of a Conditional Use Permit
to develop two (2) two story residential dwelling units and a six �
(6) car garage at 3366 Los Flores Avenue in the R-3 (Multi-
Family Residential) zone. I
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FACTS: I
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1. Source of Authoritv ,
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Section 25-4.2 of the Lynwood Zoning Ordinance requires that �
a Conditional Use Permit be obtained for any residential I
development in the R-2 and R-3 (Residential) zones. �
2. Property Location I
The site is located on the south side of Los Flores ��
Boulevard between Long Beach Boulevard and California Avenue '
(see attached location map).
3. Propertv size
The site consists of a rectangularly shaped lot,
approximately 9,000 square feet in size.
4. Existina Land Use
The property is developed with a single family dwelling and
a one (1) bedroom residential unit, with two (2) covered
parking spaces. The surrounding land uses are as follows:
North - Single Family/Multi-Family Residential
South - Commercial Retail
East - Multi-Family Residential
West - Multi-Family Residential
5. General Plan and Zoning Desi4nations
The General Plan Designation for the subject property is
Multi- Family Residential and the Zoning is R-3 (Multi-
Family Residential). The surrounding land use designations
are as follows:
I
f General Plan Zoning
I North - Multi-Family Residential North - R-3
, South - Commercial �South - C-2
� East - Multi-Family Residential East - R-3
� West - Multi-Family Residential West - R-3
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6. Proiect Char�eristics: � '
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' The applicant is requesting approval of a Conditional Use '
Permit to develop an additional two story apartment unit on
this property. On the second floor of each unit, the living I
quarters are proposed. The living quarters will contain two '
(2) bedrooms, a kitchen/dining area, and a living room.
Attached to, and between the proposed apartment units, the �,
, plans call for a laundry room. The project will provide a !
new six (6) car garage and a detached two (2) car garage ( a
relocation of the existing two (2) parking spacesj.. More I
than 25 � of the site is planned for landscaping. �
7. Site Plan Review � �
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On January 30, 1996, the Site Plan Review Committee I
evaluated the proposed development and recommended approval ,
to the Planning Commission, subject to specific conditions �
and requirements. '
8. Zonina Enforcement History �
None of record.
9. Public Response I
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None of record at the time this report was prepared. I
ISSUES AND ANALYSIS ��
1. Consistencv with General Plan and Zonina �
I
The proposed land use is consistent with the existing
General Plan designation of Town House and Cluster Housing.
Therefore, granting Conditional Use Permit No. 95-16 will
not adversely affect the General Plan. The proposal also
meets the use and density regulations of the Zoning
Ordinance.
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
by the Zoning Ordinance. Furthermore, the subject property
is adequately served with the required public utilities and
offers adequate vehicular and pedestrian accessibility.
3. Compliance with Development Standards
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.
� 4. Compatibilitv
The proposed project will be located in a neighborhood that
is in substantial transition from single-family to multi-
family residences.
I 5. Conditions of Approval
I The proposed project, subject to the conditions recommended
I by the Site Plan Review Committee, will not have a negative
� effect on the values of the surrounding properties or
�, interfere with or endanger the public health, safety or
� welfare.
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6. Benefits to �unitv • '
' The proposed development will add to the City's affordable
housing stock in furtherance of the policies of the Housing
Element of the General Plan.
7. Environmental Assessment
The Community Development Department Staff has determined
that the project is Categorically Exempt from the California
Environmental Quality Act pursuant to Section 15061 B(3) of
the State of Cali£ornia Environmental Quality guidelines as
amended.
RECOMMENDATION:
Staff respectfully requests that, after consideration, the
Planning Commission adopts the attached Resolution No. 2575:
1. Certifying that the project is Categorically Exempt
from the provisions of the California Environmental
Quality Act pursuant to State CEQA Guidelines, Section
15061 b(3).
2. Approving Conditional Use Permit, Case No. 95-16,
subject to the stated conditions and requirements.
ATTACHMENTS
1. Location Map
2. Resolution No.2575
3. Site Plan
f:\staffrpt\cup95-96
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� RESOLUTION NO. 2575
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING CONDITIONAL USE
PERMIT NO. 95-16 (CUP 95-16) TO DEVELOP TWO
(2) TWO STORY RESIDENTIAL DWELLING UNITS AND
A SIX (6) CAR GARAGE AT 3366 LOS FLORES
BOULEVARD IN THE R-3 (MULTI-FAMILY
RESIDENTIAL) ZONE, LYNWOOD, CALIFORNIA.
WHEREAS, the Lynwood Planning Commission, pursuant to law,
on February 13,' 1996 conducted a public hearing on the subject
apolication; and
WHEREAS, the Planning Commission, considered all pertinent
testimony offered at the public hearing; and
WHEREAS, the Community Development Direct'or has determined
that the proposal is exempt from the provisions of the California
Eavir.onmental Quality Act pursuant to Section 15303b of the State
CEQA Guidelines as amended; and
WHEREAS, a Conditional Use Permit is required for
residential development in the R-3 (Multi-Family Residential)
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.
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 to the City's
affordable housing stock in accord with the policies
of the Housing Element of the General Plan.
Section 2. The Planning Commission of the City of Lynwood,
based upon the aforementioned findings and determinations, hereby
approves Conditional Use Permit, Case No. 95-16, provided the
following conditions are observed and complied with at all times:
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COMMUNSTY DEVELOPMENT DEPARTMENT
1. The proposed development shall comply with all applicable
regulations of the Lynwood Municipal Code, the Uniform
Building Code and the Fire Code and be in substantial
compliance with plans on file with the Community Development
Department.
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 of �
said modifications.
3. The applicant shall meet the requirements of all other City
Departments.
4. The applicant and/or his representative shall 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.
5. 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.
PLANNING DIVISION CONDITIONS
6. All work shall be performed by a licensed contractor as per
plans, specifications and current codes.
7. The:applicant shall contact the U.S. Post Office (Lynwood
main office) to establish the location of mail boxes serving
the proposed development.
8. Construction shall commence within (6) months from date
of issuance of building permits.
9. Landscaped areas are to be a minimum of twenty-five (258)
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.
I
� 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.
I 12. A minimum two (2) covered parking spaces shall be provided
� for each dwelling on site. The project shall contain three
� (3) two car garage, attached and one (1) detached two car
garage.
I
I 13. A six (6') foot high block wall shall be installed along the.
i perimeter of the property, except within the twenty (20')
� foot front yard setback. In this setback, if built, the wall
shall not exceed a height of four (4') feet measured from
� top of curb.
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_14. No side yard shall be less than five (5') feet.
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�' 15. Final building elevations, including materials of I
construction, shall be submitted to and approved by the �i
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 $1.72 per square foot for residential buildings to
the Lynwood Unified School District, pursuant to Government !
Code Section 53080. i
17. All driveway and parking areas shall be paved. � ' i
18. Acoustical construction materials shall be used throughout i
the units to mitigate freeway noise to the standards and
satisfaction of the Building and Safety Division.
�
19. Residential structures shall have an exterior siding of I
brick, stucco, wood, metal, concrete, or other similar !
material other than the reflective glossy", polished and/or �
rolled-formed type metal siding. �
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20. Prior to obtaining a building permit, the design of any �
exterior elevation changes to the building must be approved I
by the Director of Community Development or his/her �
designee. �
21. All building elevations shall be architecturally treated in �i
a consistent manner, including the incorporation within the �
side and rear building elevations of some or all of the
design elements used for the primary (front) facades.
22. 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.
23. Air conditioners, heating, cooling ventilation equipment,
swimming pool pumps and heaters and all other mechanical
devices shall be located within the rear yard or side yards.
Such equipment shall be screened from surrounding properties
and streets and operated so that they do not disturb the
peace, quiet and comfort of neighboring residents, in
accordance with the City's Noise Ordinance.
24. A cover sheet of approved conditions must be attached to
pla.ns prior to submission to the Building and Safety
Division.
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25. The owner of the site shall maintain a pro-active approach
to the elimination of graffiti from the structures, fences
and accessory buildings, on a daily basis.
26. For the purpose of providing heating for any dwelling
proposed, only an energy efficient forced air furnace
or approved equivalent shall be used, and the use of any
wall furnace is expressly prohibited.
I PUBLIC WORKS ENGINEERING DEPARTMENT
I 27. Provide documentation that lots composing the property were
; legally subdivided 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.
� 28. Dedicate a five (5) wide strip of property along Los Flores
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� Boulevard.
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29. Submit a gr�ng plan prepared and sig'ited by a registered j
�' Civil Engineer. Grading plan will be checked by Public
Works Department. No building permits will be issued prior I
to the approval of grading plan by City Engineer. ;
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30. Reconstruct damaged and substandard drive approach(es), per '
City standards. �
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` 31. Connect to public sewer. Each building shall be connected {
separately. Construct laterals as necessary.
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32. Install two (2) 24" box street trees per City o£ Lynwood �
standards along Los Flores Boulevard. i
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33. Underground all utilities. !
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34. A permit from the Engineering Division is required for all ,
off-site improvements. I
35. 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 I
Public Works/Engineering Division prior to performing any i
work. i
36. Install separate water service(s) meter(s) for each new I
unit. �
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37. Pay County Sanitation District connection fee(s). Provide �
proof of payment. '
FIRE DEPARTMENT I
The Fire Department found no cause to establish conditions for
this application.
Section 3. A copy of this resolution shall be delivered
to the applicant.
APPROVED AND ADOPTED this day of , 1996,
by members of the Planning Commission voting as follows:
I I AYES:
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NOES:
ABSENT:
ABSTAIN:
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j Carlton McMiller, Chairperson
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i APPROVED AS TO CONTENT: APPROVED AS TO FORM:
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i Gary C. Chicots, Director Michele Beal Bagneris
� Community Development Department Deputy City Attorney
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-�,� f�'�ENJA ITEM N0. �
DATE.: February 13, 1996 „
c�st No. G�� 6�� z� q6-�
TOi: PLANNING COMMISSION �
FROM: Gary Chicots, Director
, Community Development Department.�i�
SUBJECT: General Plan Amendment - Case No. GPA 96-01
Zone Chancre Case No. ZC 96-01
Applicant: The Lee Group Inc.
PROPOSAL:
i
The applicant is requesting approval of a General Plan Amendment to
change the General Plan designation from Commercial to Multi-Family
and a Zone Change from C-2 and R-2 to R-3 (Multi-Family
Residential) for approximately 3.6 acres of land north and south of
Olanda Street bounded by Cookacre Street on the west and Atlantic
Avenue to the East and consisting of lots 16, 17, 21, 22, 25, arid
a portion of lot 15 in order to develop sixty-five (65) Single-
Family residences.
FACTS:
1. Source of Authoritv:
Section 65358(a) of the State Planning and Zoning Law states
that "...if it deems it to be in the public interest, the
legislative body may amend all or part of the adopted General
Plan."
2. Propertv Location:
The subject property is located on Atlantic Avenue between
Cookacre Street and Atlantic Avenue at Olanda Street and
comprised of lots 16, 17, 21, 22, '25 and a portion of lot 15
in Tract No. 7099. (See attached Map)
3. Prooertv Size:
The property is rectangular in shape and is comprised of
several lots and has a total area of approximately 3.6 acres.
The subject site is predominately vacant land.
4. Existing and Use:
The surrounding land uses are as follows:
- North - Multi-Family
South - Commercial/Residential
East -. Commercial
West - Residential
5. Land Use Desicxnation:
The General Plan Designation for the subject property is
Commercial while the Zoning Classification is C-2 (Medium
Commercial) and R-2 (Two-Family Residential). The surrounding
land use designations are as follows:
General Plan Zonina
North - Multi-Family NOrth - Multi-Family
South - Commercial South - Two-Family/Commercial
East - Commercial East - Commercial
West - Town/House Cluster West - Two-Family
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6. Proiect Characteristics:
The General Plan Amendment (GPA 96-01) and associated Zone
Change (ZC 96-01) would allow for development of sixty-five
(65) Single-Family Residences on the property. A Tentative
Tract Map is proposed to be filed after the Plan Amendment
7. Site Plan Review:
The Site Plan Review Committee reviewed the proposed amendment
and concluded that such request to amend the General Plan
would bring the General Plan and the zoning in conformity with
each other and the land use designation would be consistent
with the existing uses in the general vicinity of the subject
site.
8. Zonincx Enforcement History:
None of record at the time this report was prepared.
9. Public Res�onse:
None of record at the time this report was prepared.
ISSUES AND ANALYSIS
1. Consistency with General-Plan
The proposed land use is inconsistent with the existing zoning
classification and the General Plan designation. The General
Plan Amendment and Zone Change, if granted, would allow the
proposed development to be consistent with the General Plan
and Zoning. The proposal is consistent with Land Use Goa1 No.
1("Provide a balanced mix of land uses which takes advantage
of the unique position of Lynwood in relation to the region"),
Land Use Policy No. 2("Develop programs for eliminating
inconsistencies between existing land uses and those �
incorporated within the General Plan") '
2. Area Suitabilitv
The surrounding area is primarily developed with mixed
residential and commercial. The property to the north is
- developed with multi-family residential developed with similar
density of 18 units to the acre of the proposed project.
3. Compliance with Develooment Standards
The proposed General Plan Amendment and Zone Change would
'" permit a zoning designation that would insure that the
development will meet all the development standards required
by the Zoning Ordinance.
4. Comnatibility
The amendment is compatible with existing development in the
' area of the Subject Site. . ,
5. Conditions of Aporoval
, The General Plan Amendment, zone change, and proposed "
improvements, 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
endanger the public health, safety or welfare.
2
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6. Benefits to Communitv
The proposed General Plan Amendment and Zone Change will
enhance the residential development in the surrounding area,
provide affordable Single-Family housing and assist in
supporting neighborhood commercial uses in the vicinity.
7. Environmental Assessment
The Director of Community Development has determined that no
' substantial environment impact will result from the proposed
General Plan Amendment; therefore, a Negative Declaration has
been filed in the Community Development Department and in the
Office of the City Clerk.
RECOMMENDATION:
Staff respectfully requests that after consideration, the Planning
Commission adopt the attached Resolutions No. 2578 and 2579:
1. Certifying that the projects will not have a significant
effect on the environment and that a Negative Declaration
has been issued pursuant to the provisions of State CEQA
Guidelines.
2. Approving and recommending City Council adoption of
General Plan Amendment, Case No. GPA 96-01 and Zone
Change, Case No. ZC 96-01.
Attachments:
l. Location Map
2. Resolution 2578
3. Resolution 2579
f:\wpfiles\gpa9601.1ee
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COOKACRE ST. ��1
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. J. J. BULLIS TRACT �
OF THE SAN ANTONIO RANCHO . � 1
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M. R. 3 612 — 613 �� project Site 3.6 acres
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`'" 65°� TRACT NO. 7099
60?E . i .._., �.. ..
M.B.101-6-7 .
FOR PREV. ASSMT. SEE: � ,
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RESOLUTION NO. 2578
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LYNWOOD RECONII�IENDING AN
AMENDMENT TO THE LYNWOOD GENERAL PLAN
FOR LOTS 16, 17, 21, 22, 25 AND A PORTION
OF LOT 15 OF TRACT 7099 OF THE J.J BULLIS
TRACT RECORDED IN MAP BOOK 101-6-7, LOS
ANGELES COUNTY RECORDER OFFICE, LOS ANGELES
COUNTY, LOCATED IN THE CITY OF LYNWOOD,
- CALIFORNIA
WHEREAS, the Planning Commission of the City of Lynwood,
pursuant to law, held a public hearing on the subject application;
and
WHEREAS, the Planning Commission has carefully considered all
pertinent testimony offered at the public hearing; and
WHEREAS, the Commission has determined that residential use of
this property would be consistent with the goals and policies of
the General Plan; and
WHEREAS, the Director of Community Development has determined
that the proposal will not have a negative effect on the
environment, and has thereby prepared a Negative Declaration for
the project; therefore
Section 1. The Planning Commission of the City of Lynwood
hereby finds and determines as follows:
A. A multi family residential designation of this property
is compatible with surrounding land use.
B. The subject site would accommodate proposed development
due to its size, location, and proximity to other residential land
uses.
C. The General Plan Amendment to Multi Family Residential
would be consistent with the goals and policies of the General
Plan.
D. The proposed General Plan Amendment will not be
detrimental to the properties surrounding the site.
Section 2. The Planning Commission of the City of Lynwood,
based upon the aforementioned findings and determinations, hereby
approves General Plan Amendment Case No. GPA 96-01, and recommends
City Council adoption of a resolution changing the General P1an map
designation for this property from Commercial to Residential.
Section 3. A copy of this resolution shall be delivered to
the applicant.
APPROVED and ADOPTED this 13th day of February, 1996 by members
the Planning Commission voting as follows:
AYES:
NOES:
ABSENT:
� ABSTAIN:
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Carton Mcmiller, Chairperson
APPROVED AS TO CONTENT: APPROVED AS TO F�RM:
Gary Chicots, Director Michele Beal-Bagneris
Community Development Dept. Deputy City Attorney
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RESOLUTION NO. 2579
A RESOLUTION OF THE PLANNING CONII�IISSION
OF THE CITY OF LYNWOOD RECOMMENDING
APPROVAL FOR THE REZONING FOR LOTS 16,
17, 21, 22, 25 AND A PORTION LOT 15 OF
TRACT N0. 7099 RECORDED IN MAP BOOK
101-6-7, LOS ANGELES COUNTY, LOCATED IN
THE CITY OF LYNWOOD FROM CONII�IERCIAL AND
TWO-FAMILY ZONING DESIGNATION TO R-3
(MULTI-FAMILY RESIDENTIAL)
WHEREAS, the Planning Commission of the City of Lynwood,
pursuant to law, on February 13, 1996, held a public hearing on the
proposed rezone of lots 16, 17, 21, 22, 25, and a portion of lot 15
changing the zoning designation of Commercial and Two-Family to
R-3 (Multi-Family Residential); and
WHEREAS, the Planning Commission has carefu-lly considered all
pertinent testimony offered at the public hearing; and
WHEREAS, the Commission has determined that Multi-Family
Residential use of this property would be consistent with the goals
and policies of the General Plan; and
WHEREAS, the Director of Community Development has determined
that the proposal will not have a negative effect on the
environment, and has thereby declared a Negative Declaration for
the project; and
Section 1. The Planning Commission of the City of Lynwood
hereby finds and determines as follows:
A. A Multi-Family Residential rezoning of this property
would be compatible with the Goals and Objectives of the General
Plan.
B. The property is of a size, shape and location to
accommodate future recreation and open space uses.
C. The proposed rezoning will not be detrimental to the
properties along Fernwood Avenue.
Section 2. The Planning Commission of the City of Lynwood,
based upon the aforementioned findings and determinations, hereby
approves the proposed rezoning, and recommends City Council
adoption of an Ordinance changing the zoning designation for this
` property to R-3 (Multi-Family).
I Section 3. A copy of this resolution shall be filed with the
� City Clerk.
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� APPROVED and ADOPTED this 13TH day of February, 1996 by
{ members the Planning Commission voting as follows:
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'� NOES:
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i ASSENT:
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� ABSTAIN:
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Carlton McMiller, Chairperson
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Gary C. Chicots,Director Michele Beal Bagneris
Community Development Dept. Deputy City Attorney
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