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Home My Public Portal About01-09-96 PLANNING COMMISSION U � .� ;. AGENDA LYNWOOD CITY PLANNING COMMISSION REGULAR MEETING - 7:30 P.M. '�'1 r. �'� c�tY Hall coun��i Chambers �� R C E IV D 11330 Bullis Road, Lynwood, CA � OFLYNWOOU CITY CLERKS OFFICE January 9, 1996 JAN 4199G 78i9i10illi12i�i2isi4i5i Carlton McMiller . � Chairperson �� ( , ?�'t� � / �" � -1�� Errick Lee Donald D ve � Vice Chairman Commissioner Eloise Evans Richard Kuan Commissioner Commissioner Jamal Muhsin Jamina Barnes Commissioner Commissioner C O M M I S S I O N C O U N S E L: Michele Beal Bagneris Deputy City Attorney STAFF: Gary Chicots, Director Robert Diplock Community Development Department Planning Manager Art Barfield Louis Omoruyi Associate Planner Associate Planner Louis E. Morales, Jr. Paul Nguyen Associate Planner Civil Engineer Assoc. i � � I I I I I � � � I i � 1 � I I f:\vpfiles\misc\jan96 { I 1 , I • January 09, 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. CONDITIONAL USE PERMIT CASE NO. CUP 67RE Applicant: City of Lynwood PROPOSAL: As directed by the Planning Commission, Staff has prepared amendments to the Conditions of Approval for Conditional Use Permit No. 67 (CUP 67) for adoption by the Commission. The amendment adds four new conditions to the original Resolution of Approval (No. 2367) that allow the operation of an automotive repair shop at 10700 Atlantic Avenue, in the C-3 (Heavy Commercial) zone. RECOMMENDATION: Staff respectfully recommends that, after public testimony and consideration by the Commission, the Planning Commission adopt Resolution No. 2367R, adding four new conditions to the Conditions of Approval for Conditional Use Permit No. 67R. 2. REVIEW OF COMPLIANCE WITH CONDITIONS OF APPROVAL FOR CONDITIONAL US PERMIT CUP 82053 Applicant: City of Lynwood REQUEST: The City Council and City Manager has requested that the Planning Commission review compliance with the Conditions of Approval for Conditional Use Permit No. CUP 82053A. This CUP was originally approved on June O6, 1982 and authorized the operation of a self service gas station and car wash at 11151 Long Beach Boulevard. I ! RECOMMENDATION: I Staff respectfully requests that the Planning Commission, I after consideration: � 1. find that the operator of the Shell Service Station at 1 11151 Long Beach Boulevard currently is in compliance � with the Conditions of Approval for CUP 82-53A and � related City Ordinances and restrictions. I ` 2. direct staff to continue to monitor compliance of the I subject station with all City code and Ordinance requirements for the next four weeks and report to the � Commission at its February meeting. i � 3. continue the public hearing to the next regularly � scheduled Commission meeting on February 13, 1996. ( � I f:\wpfiles\misc\jan96 . � � 2 % • I ; NEW PUBLIC HEARING: 3. CONDITIONAL USE PERMIT CASE NO. CUP 95-14 VARIANCE CASE NO. VAR 37 Applicant: Cristobal Aguirre PROPOSAL The applicant requested approval of a Conditional Use Permit in order to develop a two story single family dwelling with an attached two (2) car garage at Alpine and Euclid streets, in the R-3 (Multi-Family Residential) zone. The applicant also requested a Variance to reduce the lot area from the required 7,000 sq. ft. 60 3,500 sq. £t. for the lot located on Tax Lot 7, Belle-Vernon Acres M.B. 9-196. RECOMMENDATION Staff respectively request that after consideration, the Planning Commission withdraw Conditional Use Permit No. 95-14 and Variance Request No. 37. 4. 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 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. - RECOMMENDATION Staff respectively requests that, after consideration, the Planning Commission continue Conditional Use Permit No. 95-13 to its next regular scheduled meeting, as requested by the applicant. 5. VARIANCE CASE NO. VAR 38 PARCEL MAP CASE N0. TM 95-06 Applicant: Wilbur Owens PROPOSAL The applicant is requesting approval of Tentative Map No. 52143 (Case No. 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-3 (Multi-Family Residential) zone. The applicant has also submitted a variance request (VAR 38) for lot 1 to reduce the required lot length from 100 feet to approximately 93 feet, and the required rear yard from 20 feet to 12.5 feet; and for Lot 6 to reduce the 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. RECOMMENDATION Staff respectfully requests that, after consideration, the Planning Commission continue consideration of Tentative Map Case No. 95-06 (TM 95-06) and Variance 38 to its next meeting, as requested by the applicant. I 3 I I i I _ , , � 6. ZONING ORDINANCE AMENDMENT CASE NO. ZOA 96-01 � Applicant: City of Lynwood � � PROPOSAL: I 1 The City is proposing to amend the Zoning Ordinance to i establish billiard parlors and pool halls as conditionally � permitted uses in the C-2 (Light Commercial) zone. Currently, i billiard parlors and pool halls are permitted in the C-2A (Medium Commercial) and C-3 (Heavy Commercial) zones upon ; approval of a Conditional Use Permit. � t RECOMMENDATION � Staff respectfully requests that, after consideration, the Planning Commission adopt the attached Resolution No. 2564: ', 1. Certifying that the proposed amendment will not have a i significant effect on the environment and that a Negative ; Declaration has been prepared pursuant to the California '{ Environmental Quality Act. l 2. Approving Zoning Ordinance Amendment No. 96-01 with any I changes as may be recommended by the Commission and � recommending adoption of Zoning Ordinance Amendment No. 96-01 by the City Council. � � REGULAR ORDER OF BUSINESS � � 7. DETERMINATION AS TO USE NOT LISTED Applicant: Humberto Shimafukuro PROPOSAL Staff is requesting a determination of whether a proposed use, a social hall, can be considered a permitted use in the C-2A (Medium Commercial) zone. RECOMMENDATION I Staff respectfully requests that after consideration, the � Planning Commission find that the proposed use, a rental or � meeting hall be considered a permitted use in the C-2A (Medium I Commercial) zone upon granting of a Conditional Use Permit. i I STAFF COMMENTS: i j PUBLIC ORALS i i COMMISSION ORALS i � STAFF ORALS i 1 � 1 ADJOURNMENT � Adjourn to the regular meeting of the Planning Commission on ; February 13, 1996 at 7:30 p.m., in the City Hall Council Chambers, � 11330 Bullis Road, Lynwood, California. I � i • t:\wpfiles\misc\jan96 � I 4 � � � C! a. .r, �r; �;; f � EM N0. ______ar DATE: January 9, 1996 n ��_ �'!, �� . ��'�vL I�`�, �� T0: PLANNING COMMISSION � FROM: Gary D. Chicots, Director Community Development Department • SUBJECT: Conditional Use Permit Case No. CUP 67 R Applicant: City of Lynwood Proposal• As directed by the Planning Commission, Staff has prepared amendments to the Conditions of Approval for Conditional Use Permit No. 67 (CUP 67) for adoption by the Commission. The amendment adds four new conditions to the original Resolution of Approval (No. 2367) that allow the operation of an automotive repair shop at 10700 Atlantic Avenue, in the C-3 (Heavy Commercial) Zone. Facts• � 1. Source of Authoritv Section 25-25.12 of the Zoning Code allows the Planning Commission to hold a public hearing in order to revoke an approved Conditional Use Permit, or take whatever actions necessary to insure compliance with conditions, regulations or general provisions. 2. Backaround The Planning Commission held several hearings in order to bring the operator of this automotive use into compliance with the Conditions of Approval of Conditional Use Permit No.67. Pursuant to Planning Commission instructions, this case was continued from the December 12, 1995 Planning Commission meeting in order to modify Resolution No. 2367 by adding four new Conditions discussed by the Commission during its November and December 1995 meetings. ANALYSIS AND CONCLUSION: The Conditions of Approval under CUP 67 are currently being met. Pursuant to the Planning Commission instructions, the Conditions under Resolution No. 2367 have been revised to include four (4) new conditions in order to clarify conditions and insure that all conditions will continue to be met. The new Conditions are as follows: 42. All parking and storage spaces shall be striped. 43. No vehicles may be stored in the six spaces reserved for customer parking. Customer vehicles only may be parked ,- temporarily in these spaces. 44. All stored vehicles must have valid and current work orders prepared and available for public review. 45. No more than ten (10) vehicles awaiting repair may be kept on this site at any one time. Vehicles may be parked behind each other only in the storage area on the south side of the property and no more than two deep. f\planning\staffrpt\f:cup67r6 1 �► 1 �i Benefits to Communitv � � The existing development, as currently being operated, will assist in upgrading the surrounding area, and supports the '' purpose and intent of the General Plan. �� Environmental Assessment Actions by a regulatory agency to revoke or revise a permit are � categorically exempt under Section 15321 of the State CEQA � Guidelines. Therefore, a Notice of Exemption has been prepared and filed with the County Clerk. ' , � RECOMMENDATION: Staff respectfully recommends that, after public testimony and I consideration by the Commission, the Planning Commission adopt � Resolution No. 2367R, adding four new conditions to the � Conditions of Approval for Conditional Use Permit No. 67R. ATTACHMENTS Site Plan � � 1. Location Map �� 2. Site Plan � 3. Resolution No. 2367R � I � � I � , 1 I I � I , , ; � � I � f:\staffrpt\cup67Rb � ' I 2 '' a ��i'�'�� ITEM N0. : c�s� tio. 4 nS 3 DATE: January 09, 1996 TO`: Planning Commission � FROM: Gar Chicots, Director // Community Development Department /�� , SUBJECT: Review of Compliance with Conditions of Approval for � Conditional Use Permit CUP 82053A I Applicant: City of Lynwood i Reauest: The City Council and City Manager has requested that the Planning � Commission review compliance with the Conditions of Approval for � Conditional Use Permit No. CUP 82053A. This CUP was originally � approved on June 08, 1982 and authorized the operation of a self p service gas station and car wash at 11151 Long Beach Boulevard. , � Backaround: I I 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 I centered around aggressive panhandlers and transients congregating � to try to get car wash customers to pay them to dry off their cars. ( At times the transients block Oakwood Avenue, behind the station, � by drying cars on the street and hang tHeir drying cloths on the I neighbor's fences and walls. i I Section 25-25.12 of the Zoning Ordinance provides that upon failure j 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 actions as may be necessary to insure compliance with the regulation, general provisions, or � condition." � I On December 12, 1995, at a regularly scheduled 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. Staff reported on discussions with the district manager of Shell Oil Company concerning improving security ; and eliminating panhandling. The operator of the station discussed i the cost of providing security personnel and the need for improved : response from the Sheriff. , The Commission discussed several possible actions, including ' shutting off access from the rear of the property to Oakwood and � revoking permission to operate the car wash. The Planning ; Commission then continued the public hearing until their January meeting for further investigation and information. I Analvsis: � Staff has checked this site several times since the Commission's I December hearing. One week after the hearing, car drying was still � going on Oakwood Avenue. However, during the past week (January 2 - 5) staff has visited the site on 4 different times and there were � no panhandlers on the site and the car drying operation had ceased. � As of the writing of this report, staff has not been able to � contact the operator or the District Manager of Shell Oil for a � status report. ' I , I __ � ,: Recommendation: Staff respectfully requests that the Planning Commission, after consideration: 1. find 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. direct staff to continue to monitor compliance of the subject ' station with all City code and Ordinance requirements for the ' next four weeks and report to the Commission at its February � meeting. 3. continue the public hearing to the next regularly scheduled � Commission meeting on February 13, 1996. i I ATTACHMENT: � I 1. Sheriff's Report � 2. Conditions of Approval, CUP 82053A � 1 I I � i I � i i i i I i � i � i � � � I 1 � I i i I + i I . - 82053 A R�SOLUTION NG•862 A RESO:.UTIOD7 OF THE PLANNING COMMSSSION OF THE CLTY OP' LTNWOOD ?.PPROVING AN APPLICATION FOR A CONDZTZONAL US� PL'RMIT TO UPERATE A SELP SERVIC� .^- r_�tr cm�..rlG�� t; •��H?+TOp� n� I,QT:; 90 ?.ND 91 I Aa PER MA? RECORDED IN BOOK 24 PAGES 78 TO 80 � INCLUSIVx', IN THE OPFICE OF THE COUNTY RECORDER, I AND aLL OF LOTS 92 AND 93, TRACT N0. 2551, COMMON- i LY KDIOWN F.S 11151 LONG AFnc� anitr.FVaan• LYNWOOD � WHEREAS, the Lynwood Planninq Commission, pursuant tc law. did � or, June S, 1962, holfl a public hearing on the application for a Con- i ditional Use Permit to operate a sel£-service gasoline station at � the subject address; � ' WHEREAS, the Conmission has considered all pert#nent testimony � offered in the case as tne public hearing; i wHEREAS, it has been determined by the Planning Division that i :ne pro_ect is cateqorica117 exempt from the provisions of the Cal- ' ,forria Env=ronmenta'_ Juality Art; � The Planninq Comm�.<.sior. of �.ne �iry of Lynwood does herebv I _r:scive as fo'_lows: , Sc^TZON ;. The �1ar,n�r.g Comrniss�.on does iiereb�� find and decermine � �hat saiC application shou�d be grante� for. r.he following reasons: , A. I'he granting _. t:�e proposed �onditioaai Use Permit will not adversely aEfect the comprehensive Gene-al Plan as the subject site is 3esignated as "COmmercial" i on the Genera; Piar. Map; , E. The proposed location of the con�'itional use is in I accor8 with the objectives of the Zoning Ordinance , and the purpose of the C-2A Zone in which it is located; � ` � i C. The pr000sed location o� the conditional use and the ; conditions under which it would be operated wi11 not � be detrimentai to the public health, sa£ety and welfare or materially injurious to properties or improvements � in the vicinity; � ' u. The prcposed conditlonai use will comply with each of the � provisions of section 25-16.16 of the 2or.ing Ordinance; � E. The strict or literal interpretation and enforcement of the ' maximum height and number regulation for gasoline service station signs �+ould result in practical difficulty and unnecessary phvsical hardship; I � 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 I the mode of operation of self-service gas station5 has changed in recent years; requirino different usage for i modern stations; ' � � � ;. _ *. 82053A G. 5trict or ';iteral interpretation and enforcement of the .. aforementicned regulation would deprive the applicant - of priviler,es enjoyed by the owners of other properties in the C-2F. Zone; . H. The granting of the requested Variance does not cc;•ns.ti- 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.nasol�ne station at the subject address, subject to the follow- ing conditions: . A. The sub�ect property sha11 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 three (3) employee parking spaces (minimum size 9' X 18') shall be provided on the site; • ' C. -0ne (1) free standing pole sign shall be permitted and shall be limited to a maximum height of twenty-five (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 shall be permitted, not to exceed twenty and one-half (20Z) square feet per sign face. These signs must be permanently , �mounted.. F. A.dvertising signs or devices, tanners and flags shall be 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 fashio��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; . H. All planter areas shall be protected by a six (6) inch high concrete curb and shall be a minimum three (3) feet in width; I. AT1 necessary permits and license, including s7gn permits, shall be obtained prior to the operation of a business at " `this location; ` J. All Lynwood Municipal Code and Zoning Ordinance requirements . shall be met; K. All required bonds `or o`f-;ite improvements (water mains, fire hydrants, curbs, gutters, sidewalks, etc.) sha11 be sutimitted prior to issuance of Building Permits; L. The Conditional Use Permit shall lapse and become void if , operation under the foregoing conditions does not commence , within one (1) year from the date of approval. ,. ; 82 053q the APPROVED and q P�annin9 Commis� ionEv�oth�9 ashfo) 1 98 5 Z' by members of N pYES: N o�PrY =� D°°e. Hod$e, ICanlc�. Aead. Rob ES : e bine. ��d ABSENT None Lu�� APPROVED q,5 TO CONTENF; � anka, C a'rperso� Sa ra i �ommunity peVejoPmeect°" � � AP PROVED AS TD FORM: I Ass � �- �Stant City Attorney I �. . i I 1 i � � � � i , � � � I I I � ;. � � �+,CEr�DA ITEM No. �— . A R 3 i DATE: January 9, 1996 C AJ E N O • , � T0: PLANNING COMMISSION FROM: Gary Chicots, Director Community Development Department BY: Robert Diplock, Planning Manager Planning Division SUBJECT: Conditional Use Permit Case No. CUP 95-014/VAR 37 Applicant: Cristobal Aguirre PROPOSAL: The applicant requested approval of a Conditional Use Permit in order to develop a two story single family dwelling with an attached two (2) car garage at Alpine and Euclid streets, in the R-3 (Multi-family Residential) zone. The applicant also requested a Variance to reduce the lot area from the required 7,000 sq. ft. to 3,500 sq. ft. for the lot located on Tax Lot 7, Belle-Vernon Acres M.B. 9-196. FACTS: 1. Source of Authoritv Section 25-4.2 of the Lynwood Zoning Ordinance requires that a Conditional Use Permit be obtained for any residential development in the R-2 and R-3 (Residential) zones. Section 25-26 of the Lynwood Zoning Ordinance permits a Variance to be obtained from the Planning Commission when there are special circumstance applicable to the property, and when strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications. 2. Site Plan Review On December 28, 1995, the Site Plan Review Committee evaluated the proposed development and recommended that the applicant submit a Tentative Parcel Map Application in order to establish the subject property as a legally subdivide lot. 3. Reauest to Withdraw Apolication. On January 2, 1996 the applicant submitted a letter to Staff requesting to withdraw his application from the Planning Commission Agenda and refund the application fee. The letter is on file with the Department of Community Development. RECOMMENDATION: Staff respectively request that after consideration, the Planning Commission withdraw Conditional Use Permit No. 95-14 and Variance Request No. 37. I � � I i I i f:cup9594v I i I I � 1 i i AGENDA ITEM N0. � DATE: January 9, 1996 t T0: PLANNING COMMISSION CASE N�. C �P �� J3 i FROM: Gary Chicots, Director � Community Development Department � BY: Robert Diplock, Planning Manager � Planning Division SUBJECT: 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 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. ` FACTS: ' i 1. Source of Authoritv � 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. Site Plan Review � On December 28, 1995, the Site Plan Review Committee I evaluated the proposed development required documentation regarding compliance with Flood Zone regulations in order to complete the Site Plan Review Process. 3. Recruest to Withdraw Application. On January 3, 1996 the applicant submitted a letter to Staff requesting that his case be continued to the next Planning Commission Meeting. The letter is on file with the Department of Community Development. RECOMMENDATION: Staff respectively request that after consideration, the Planning Commission continue Conditional Use Permit No. 95-13 to its next I regular schedule meeting, as requested by the applicant. I i � f � i i f:cup9593 I 1 I 1 , � I . � � ; . , � ,` I . �.�� ' ��,�,��ti�:�: ; I EM ��0. DATE: January 9, 1996 " � ;, ,} � TO: PLANNING COMMISSION �'�Ji- �v• V�R�� FROM: Gary Chicots, Director Community Development Department BY: Robert Diplock, Planning Manager SUBJECT: TENTATIVE MAP CASE NO. TM 95-06/VARIANCE CASE NO 38 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-3 (Multi Family Residential) zone. The applicant has also submitted a variance request (VAR 38) for Lot 1 to reduce the required lot area from 5,000 sq. ft. to 4,172'sq.ft., the required lot length from 100 feet to approximately 93 feet, and the reguired rear yard from 20 feet to 12.5 feet; and for Lot 6 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. FACTS � 1. Source of Authoritv I Section 25-18, et seq., Subdivision Regulations of the i Lynwood Municipal Code and the Subdivision Map Act, Government Code Section 66410, et seq require that a Tentative Map be submitted for the subdivision of land into I five or more parcels. Section 25-26 of the Lynwood Zoning Ordinance permits a Variance to be obtained from the � Planning Commission when there are special circumstances � applicable to the property, and when strict application of � the Zoning Ordinance deprives such property of privileges � enjoyed by other property in the vicinity and under ' identical zoning classification. � . � 2. ProDerty Location The 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). 3. Existina Land Use � The parcel is vacant. The uses surrounding the parcel consist of the following: � I North - Single Family Residential i South - Multiple Family/Single Family East - Single Family � West - Industrial � I I I , i � f:\ws5lan\staffrpt\vartm I 1 ( I � , ' 4. General Plan Desianation � ., � The General Plan designation for the property is Town House � and Cluster Housing. The surrounding land use designations � and zoning classifications are as follows: I ; General Plan Zoning P North - Single Family Residential R-1 I � South - Multi Family Residential R-3 � East - Single Family Residential R-1 j West - City of Compton � 5. Proiect Characteristics The 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 approximately 30,000 sq.ft. in size. The proposed subdivision with an approval of a Variance Request would allow for the development of six single family dwellings on Lots 1-6 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 improvements are required. 6. Site Plan Review At its regular meeting on December 28, 1995, the Site Plan Review Committee evaluated the proposed subdivision and recommended approval to the Planning Commission, subject to specific conditions and requirements. However conditions with respect to Public Works requirements are still under review. ANALYSIS 1. Confiauration of the Pr000sed 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. b. The proposal to subdivide one (1) parcel into six (6) lots meets the density requirements of the Zoning ' Ordinance. c. The site is physically suitable for subdivision and j Single Family Residential development. However, I conditions with respect to off- site improvements are � still under review. 2. Consistencv with the General Plan � � a. Staff's inspection shows that the proposed subdivision will permit future development compatible with the � General Plan. b. The size and location of the proposed subdivision is � consistent with the Housing Element and the Land Use ; goals and policies of the General Plan. 3. Variances ' 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 others in similar circumstances because of the physical � shape of the lot. ' i i 2 ! � ! I � • 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. There are exceptional and extraordinary circumstances and conditions applicable to the subject property which do not apply to most other residential development in the City. Environmental Assessment The Community Development Department has determined that no substantial environmental impact will result from the proposed project. Therefore, pursuant the provisions of the State CEQA Guidelines, a Negative Declaration has been prepared and is on file in the Community Development Department and the office of the City Clerk. RECOMMENDATION(S): Staff respectfully requests that, after consideration, the Planning Commission continue consideration of Tentative Map Case No. 95-06 (TM 95-06) and Variance 38 to its next meeting, as requested by the applicant. Attachments: 1. Location Map. 2. Tentative Map No. 52143 f:\ws5lan\staffrpt\vartm � ' � 3 il tiGEf��'r� ETEM N0. DATE: January 09, 1996 C�g� r�� .�/ TO: PLANNING COMMISSION FROM: Gary Chicots, Director Community Development Departmen SUBJECT: Zonina Ordinance Amendment ZOA 96-01• Amendment to Permit Billiard Parlors and Pool Halls in the C-2 (Licrht Commercial) Zone Applicant: City of Lynwood PROPOSAL: The City is proposing to amend the Zoning Ordinance to establish billiard parlors and pool halls as conditionally permitted uses in the C-2 (Light Commercial) zone. Currently, billiard parlors and pool halls are permitted in the C-2A (Medium Commercial) and C-3 (Heayy Commercial) zones upon approval of a Conditional Use Permit. i i i FACTS: A priperty owner wishes to lease a building for use as a family type�billiard parlor and pool hall on Long Beach Boulevard (the lessee is proposing to relocate an existing pool hall to this location). The propert}• is located in the C-2 (Light Commercial) zone, where this type of use is not permitted. The City Manager has requested that the Planning Commission consider amending the Zoning Ordinance to permit pool halls and billiard parlors in the C-2 zone. ANALYSIS: Last October, in an attempt to remove more intense kinds of uses from the C-2 zone, the Commission approved deleting a number of permitted uses, including billiard parlors and pool halls. This change was approved by the City Council in November. There is only a limited amount of C-2 zoning in the City and much of it is in or adjacent to the best commercial areas of the City - 4 blocks along the east side of Long Beach Boulevard across from the Town Center, both si3es of Imperial Highway between Long Beach and St. Francis Hospital, and a few isolated spots around the City. Billiard parlors and pool halls were deleted from the C-2 zone for two reasons: 1. The City's high value commercial areas should be reserved 'I for major retail and other high value commercial i activities. � ` 2. Billiard parlors have a negative image and potentially I could become a nuisance in a quality commercial area. � On the other hand, the C-2 zoned area across from the Town Center I potentially could become an entertainment center, with restaurants 1 and specialty shops, and a billiard parlor/cafe might be an appropriate use. � At one time billiard parlors and pool halls caused concerns in the i past because of a number of applications for such uses in this and � surrounding cities. Special ordinance sections were adopted �, requiring a conditional use permit and imposing special conditions on these uses. However, there have been no problems or complaints i from the operation of Bibb's Family Billiards and Cafe, the person whose request has led to this proposed amendment. In addition, ( � i I , I _ - i . �i there are no other billi.ard parlor in the city and there have not � been any requests for several years. This might be an acceptible ( interim use for this location until it is redeveloped for a major new use. � ENVIRONMENTAL ASSESSMENT: The Director of Community Development has determined that no I significant adverse environmental impacts will result from the ' proposed Ordinance change, therefore a Negative Declaration has I been prepared and filed in the Community Development Department and I in the office of the City Clerk. � ` RECOMMENDATION: i Staff respectfully requests that, after consideration, the Planning Commission adopt the attached Resolution No. 2564: � 1. Certifying that the proposed amendment will not have a significant effect on the environment and that a Negative ' Declaration has been prepared pursuant to the California � Environmental Quality Act. � 2. Approving Zoning Ordinance Amendment No.96-01 with any � changes as may be recommended by the Commission and � recommending adoption of Zoning Ordinance Amendment ` 96-01 by the City Council. I I ATTACMENTS: 1. Draft Ordinance 2. Resolution No. 2564 I I � I I � i I � 1 1 I I I i �, , RESOLUTION NO. 2564 �� 1 � I ; A RESOLUTION OF THE PLANNING COMMISSION OF i THE CITY OF LYNWOOD APPROVING ZONING ORDINANCE i , AMENDMENT ZOA 96-01 AND RECOMMENDING COUNCIL ADOPTION OF AN ORDINANCE AMENDING SECTION � 25-8.1 OF CHAPTER 25 OF THE LYNWOOD MUNICIPAL I CODE TO ADD BILLIARD PARLORS AND POOLHALLS AS ' CONDITIONALLY PERMITTED USES IN THE C-2 (LIGHT COMMERCIAL) ZONE � � WHEREAS, the Planr.ing Commission of the City of Lynwood, � pursuant to law, held a public hearings on the subject proposal at their regular meeting on January 09, 1996; and i WHEREAS, the City Manager has requested that the Commission � consider adding billiard parlors and pool halls as permitted uses + in the C-2 (Light Commercial) zone, and I ` WHSREAS, the Planning Commission has carefully considered all i pertinent testimony offered at the public hearing; and WHEREAS, the Director of Community Development has determined that the proposed Code amendments will not have a significant adverse effect on the environment, and has prepared a Negative Declaration for the proposed amendments; now therefore Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. Pool halls and billiard parlors currently are permitted in the C-2A (Medium Commercial) Zone upon granting of a conditional use permit; and B. Special requirements for such uses, including requirements for a conditional use permit, have been adopted previously and will apply to any new pool halls and billiard parlors established within the City; and C. Such uses are compatible with other retail and commercial entertainment uses currently permitted in the C-2 zone; D. Such uses are consistent with the Commercial use category of the General Plan. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations: � 1. approves the Negative Declaration for Zoning Ordinance Amendment ZOA 96-01. 2. approves Zoning Ordinance Amendment ZOA 96-01, amending Section 25-8.1 of Chapter 25 of the Lynwood Municipal I Code to add billiard parlors and pool halls as conditionally permitted uses in the C-2 (Light Commercial) zone. I 3. recommends that the City Council adopt Zoning Ordinance � Amendment ZOA 96-01. Section 3. A copy of this resolution shall be delivered to the City Clerk. i I I 1 1 '� I . I APPROVED and ADOPTED this 9th day of January, 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 Michele Beal Bagneris Community Development Dept. Deputy City Attorney � 1 f � I I i . ; � ; ' ORDINANCE N0. I I AN ORDINANCE OF THE CITY COUNCIL OF � THE CITY OF LYNWOOD AMENDING CHAPTER i 25 OF THE LYNWOOD MUNICIPAL CODE TO � ADD BILLIARD PARLORS AND POOL HALLS AS CONDITIONALLY PERMITTED USES IN I THE C-2 (LIGHT COMMERCIAL) ZONE � i THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS � FOLLOWS: Section 1. Section 25- 8.1 of Chapter 25 of the Lynwood Municipal Code is hereby amended as follows: I 25-8.1 Use. l a. No building or land shall be used or occupied, or no I building shall be erected, constructed, established, altered, � enlarged, moved into within a C-2 Zone which is to be used or � occupied for any other purposes than as follows: ; 1. Any use permitted in the CB-1 (Controlled Business) � zone and the P-1 Automobile Parking Zone, and when so used I subject to all the provisions contained in the section ` ' defining said zone. 2. Retail stores or businesses not involving any kind I of manufacture, processing, or treatment of products other than that which is clearly incidental to the retail business conducted on the premises. 3. Advertising signs that comply with Section 25-33 of this Ordinance. 4. Amusement arcade, provided the requirements of subsection 25-8.9 a.re met. 5. Automobile service station, provided the requirements of subsection 25-16.16 are met. 6. Billiard parlors and pool halls, provided the reauirements of subsection 25-16.21 c.are met. 7. Bird store or pet shop. � , 8. Child care center, day nursery, pre-school or day care center, subject to conditional use permit approval. 9. Churches, synagogues, temples, or other places used primarily for religious worship including customary, incidental education and social activities in conjunction therewith, in accordance with subsection 25-9.1 and 25-16.22 I herein. � � 10. Conservatory of music. 11. Dressmaking or millinery shop. 12. Fireworks sales at retail subject to Chapter 12, � Sections 12-11 through 12-18 of the Lynwood City Code. 13. Funeral parlor. I I 14. Furniture store. i 15. Grocery or fruit store. 1 16. Interior decorating store. � I l I . � � ` 17. Meat market l i 18. Medical laboratory. '� i 19. Multiple tenant retail centers. ! 20. Nursery, flower or plants. I � 21. Studios- music, photography (except motion picture). I I 22. Tailor, clothing or wearing apparel shop. I 23. Wedding chapel. � 24. Any other retail or service uses determined by the ,` Planning Commission to be of the same or similar character as � the above uses and not specifically listed as permitted in the ( C-2A or C-3 zone..^ f I 25. Accessory buildings and uses customarily incident to � any of the above uses when located on the same lot. I � Section 2. The City Clerk is hereby directed to certify to � the passage and adoption of this ordinance and to cause it to be � published or posted as required by law. First read at a regular meeting of the City Council held on the 6th day of February, 1996 and finally adopted and ordered , published at a regular meeting of said Council held on the day of , 1996. PAUL RICHARDS, Mayor . City of Lynwood, California ATTEST: I Andrea L. Hooper, City Clerk City of Lynwood , I APPROVED AS TO FORM: APPROVED AS TO CONTENT: � I ! William B. Rudell Faustin Gonzales � City Attorney City Manager 1 1 I 1 � 1 I i I I i 1 i 1 I �:, � AGENDA ITEM N0. �, � � .; ' ' , z � 'anuary 09, 1996 f�J�C�� N� �� `t DATE� � I F pLANNING COMMISSION i � I . TO� Director / Gary Chicots, FRO�" Community Development Department � � JECT: Determination as to Use Not Listed i Applicant: Humberto Shimafukuro I i PROPOSAL: ' 1 1 i Staff is requesting a determination of whether a proposed use, a social hall, can be considered a permitted use in the C2-A (Medium � Commercial) zone. i . � FACTS: i � Mr. Humburto Shimafukuro, would like to create a banquet hall or rental hall in an existing build a a use 3 f n this a type a not i The property is zoned C2-A, specifically listed as a permitted use in that zone. According to Mr. Shimafukuro, the banquet ha11 would be rented for wedding receptions, baby showers and other social events. No alcoholic beverages will be allowed (see attached letter). Customers will be primarily chuYCh orgdnizdtions. Source of Authoritv Section 25-24.1 of the Zoning OrdinanCe establishes a procedure for determination by the Planning Commission � whether a use not �� a ermitted or colldit10T1a1 uS2 iI1 dnY zone . � ,, ;; ; ;I ;i ;I ;� +� � �� ;� I ;i ;j i i 1 � � 1 1i ! I I � f i� � l � � � :I � iI i + i I i � � I � � i 1 � � i j 1 � � ! i { j ; I � � � ! i ; � � � � 5 1 E � J � I � � � � i � 1 � € � � � � g 1 � � �I � � I '�� _ � j � �� ' AGEI�DA ITEM NO.�__ ��. , r . DATE: �,y;January 09, 1996 (��(�� (1 " , l, l! T0: ; �i'�PLANNING COMMISSION /. FROM": '� Gary Chicots, Director Community Development Department � � ,� SUBJECT: Determination as to Use Not Listed ' ' Applicant: Humberto Shimafukuro PROPOSAL: Staff is requesting a determination of whether a proposed use, a social hall, can be considered a permitted use in the C2-A (Medium Commercial) zone. FACTS: Mr. Humburto Shimafukuro, would like to create a banquet hall or rental hall in an existing building at 12333 Long Beach Boulevard. The property is zoned C2-A, and a use of this type is not ` specifically listed as a permitted use in that zone. Accord'ing to Mr. Shimafukuro, the banquet hall would be rented for wedding receptions, baby showers and other social events. No alcoholic beverages will be allowed (see attached letter). Customers will be primarily church organizations. Source of Authoritv Section 25-24.1 of the Zoning Ordinance establishes a procedure £or determination by the Planning Commission '�whether a use not specifically listed as a permitted or conditional use in any zone shall be deemed a permitted or conditional use in any one or more zones on the basis of similarity to uses specifically listed.�� Pronertv Location: The location of the proposed use is 12333 Long Beach Boulevard on the northwest corner of Long Beach and Carlin. � ISSUES AND ANALYSIS i The closest type of use to a banquet or meeting hall listed in the City Zoning Ordinance would be restaurants or "Dance Hall" since food would be served (probably catered) and there would be a disc � jockey and dancing at certain of the events. Restaurants are permitted in all commercial zones and dance halls are permitted only in.the C-3 (Heavy Commercial) zone. Physically, the proposed location may be appropriate for the , proposed use. There is tire shop to the north of the property and a grocery store across Carlin to the south. However, there is an apartment house behind the property to the rear and a 3 unit residential complex on the south side of Carlin, behind the grocery store. There is gated parking on the property, but probably not enough. Listed below are the way other cities deal with this type of use. • CITY CATEGORY ZONE RESTRICTIONS Artesia Lodge Halls Office/Professional CUP Be11 Gardens Community C-2 Light Commercial No CUP Social Center C-1 Service/Profsnl CUP l '�� . , 1> CITY CATEGORY ZONE RESTRICTIONS Beverly Hills Public Assembly Any C None Compton Banquet Hall, Any C CUP Rental Ha11 Downey Private club, C-2, Gen. CUP Meeting Hall Commercial Lakewood Private Club Any C No CUP A majority of the cities require a conditional use permit for similar types of uses. This allows greater control over hours of operation and noise mitigation measures. RECOMMENDATION: Staff respectfully requests that after consideration, the Planning Commission find that the proposed use, a rental or meeting hall be considered a permitted use in the C2-A (Medium Commercial) zone upon granting of a Conditional Use Permit. ATTACHMENT 1. Request for Determination 2. Permitted Uses in GB-1 Zone f:\�apfiles\planning\pcshima.rpt 2 ��Y � �� DECEMBER 20, 1995 CITY OF LYNWOOD 11330 BULLIS RD LYNWOOD, CA 90262 ATTN: ROBERT DZPLOCK, PLANNING MANAGER REQUEST THE CITY CONSIDER APPROVING MY REQUEST FOR ESTABLISHING ON MY PREMISES AT: 12333 LONG BEACH BLVD., COMMERCIAL BUILDING, CONVERSION FROM EMPTY STORE BUILDING TO RENTAL HALL FOR WEDDING RECEPTIONS, BASY SHOWERS AND OTHER SOCIAL EVENTS. THE PRIMARY TYPE OF CUSTOMERS WILL BE CHURCH ORGANIZATIONS. CONSUMPTION OF ALCOHOL BEVERAGES WILL DEFINITELY NOT BE ALLOWED ON TAE PREMISES. � THE HOURS OF RENTAL OPERATIONS WILL BE FROM 7 AM TO 11:30PM. THE EXTERIOR OF BUILDING WILL BE IMPROVED. THE PREMISES WILL BE MAINTAINED IN A CLEAN AND GOOD REPAIR CONDITION AND WILL UPGRADE APPEARANCE ON LONG BEACH BLVD. OFF STREET PARKING WILL BE AVAILABLE FOR APPROXIMATELY 25 VEHICLES. IN ANTICIPATION OF YOUR RESPONSE TO MY REQUEST, I REMAIN VERY TRULY YOURS,,,' �" HUMBERTO SHIMAFUK9R� 2644 108TH ST. LYNWOOD, CA 90262-1702 CC: GARY CHICOTS I