HomeMy Public PortalAbout05-14-96 PLANNING COMMISSION ,
AGENDA
LYNWOOD CITY PLANNING COMMISSION
REGULAR MFETING - 7:30 P.M. / �i}� �.Q�t�
, City Hall Council Chambers CITYOF�YNWOOU
11330 Bu11is Road, Lynwood, CA CITY CLERKS OFFICE
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May 14, 1996 � �
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' � � Carlton McMiller �`"`�" ��1����� �"�
Chairperson /
Errick Lee Donald Dove
Vice Chairman Commissioner
Eleise Evans Richard Kuan
' Commissioner Commissioner
Jamal Muhsin Jamina Barnes
Commissioner Commissioner
C 0 M M I S S I O N C O U N S E L:
,'�ichcle Beal Baaneris
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.
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May 14, 1996
OPH.NIN'G CERFMONIES
l. Call meeting to order.
2. Flag salute.
3. Roll call of Commissioners.
4. Cer'ification of Agenda Posting.
5. App�oval of minutes (if available).
CONTINUED PUBLIC HEARING:
l. CONDITIONAL USE PERMIT CASE N0. CUP 96-02
Applicant: Rev. John R. Henderson
Christ New Testament Baptist Church
PROPOSAL
The applicant is requesting approval of a Conditional Use
Permit in order to replace an existing school and day care
center with a three (3) story private school, which will be
attached to an existing church, offering grades kindergarten
through eight grade at 11820 So. Atlantic Avenue in the CB-1
(COntrolled Business) zone. This case was continued from the
April 9, 1996 Commission meeting in order to address issues
surrounding State requirements for minimum classroom size and
I �, outdoor play area for private schools.
` RECOMMENDATION
' On May 09, 1996 Staff received a letter from the applicant
; requesting a continuance to the next regularly scheduled
meeting in order to present plans for redesigned classroom
, space and to resolve parking issues. '
' Staff respectfully requests that, after consideration, the
i Planning Commission continue this application to June 11, 1996
� as requested by the applicant.
,I NEW PUBLIC HEARING
2. CONDITIONAL USE PERMIT CASE NO. CUP 95-06R
Applicant: Feliciano Ramos
? PROPOSAL:
' The applicant is requesting approval of a Conditional Use
Permit to sell beer and wine for on-site consumption in an
; existing seafood restaurant at 11098 Atlantic Avenue in the C-
� 3 (Heavy Commercial) zone.
RECOMMENDATION
Staff respectfully requests that the Planning Commission,
after consideration, adopt the attached resolution No. 2587:
' l. Finding that the Conditional Use Permit Case No. 95-6R is
categorically exempt from the provisions of the
' California Environmental Quality Act.
2. Approving Conditional Use Permit Case No. CUP 95-06R,
� subject to the stated conditions and requirements.
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3. CONDITIONAL USE PERMIT CASE N0. 96-OS
Applicant: Sal Preciado
PROPOSAL
The applicant is requesting approval of a Conditional Use
Permit to ell beer and wine for on-site consumption in an
existing restaurant at 3840 Martin Luther King Jr. Blvd. in
the C-2 (Light Commercial) Zone.
RECOMMENUATION
Staff respectfully requests that the Planriing Commission,
after consideration, continue this hearing to the next
regularly scheduled meeting and direct Staff to work with the
applicant to bring the operation of this facility into
compliance with all City Ordinances and regulations.
4. CONDITIONAL USE PERMIT CASE N0. CUP 96-06
Applicant: Young Lee
PROPOSAL
The applicant is requesting approval of a Conditional Use
Permit to sell alcoholic beverages for off-site consumption at
12211 Long Beach Boulevard in the C-2A (Medium Commercial)
zone. • '
RECOMMENDATION
Staff respectfully requests that the Planning Commission,
after consideration, adopt the attached Resolution No. 2589:
l. Finding that the Conditional Use Permit Case No. CUP 96-
06 is categorically exempt from the provisions of the
California Environmental Quality Act.
2. Approving Conditional Use Permit No. CUP 96-06, subject
to the stated conditions and requirements.
� 5. VARIANCE CASE NO. VAR 96-03
t Applicant: Ho Seok Lyn/Young Ok Lyn
PROPOSAL
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� The applicant is requesting a Variance to reduce the required
parking from 39 parking spaces to 19 parking spaces in order
' to maintain a commercial/retail property at 11057-67 So.
Atlantic Avenue.in the C-3 (Heavy Commercial) zone.
' RECOMMENDATION
Staff respectfully requests, that after consideration,' the
' Planning Commission approve the Variance request:
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i 1. Finding that a hardship has been established that would
1 require a Variance for Case No. 96-03 as determined by
, Section 25-26 of the City of Lynwood Zoning Code.
2. Finding that the applicant/property owner will be
� deprived of privileges enjoyed by the owners of other
� properties in the same vicinity if the decision of denial
� is rendered.
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REGULAR ORDER OF BUSTNESS
6. TENTATIVE MAP CASE N0. TM 95-06P.
Applicant: Wilbur Owens
PROPOSAL
The applicant is requesting modification of two Conditions of
Approval for Tentative Map No. 5?.143 (Case No. TM 95-06),
approved by the Planning Cominission on February 13, 1996'. The
Tentative Map created 6 lots to accommodate a proposed six
unit single ramily residential development at the intersection
of Weber Avenue and Santa Fe Avenue, in the R-1 (Single Family
Residential) zone.
RECOMMENDATION
Staff respectfully requests that, after consideration, the
Planning Commission determine that the proposed modifications
to Conditions of Approval for TM 95-06 are minor revisions and
modifications and do not require and additional public
hearing, and adopt Resolution No. 2592.
1. Certifying that the project not have a significant
effect on the environment,
- 2. Approving Conditions of Approval for TM 95-06 including
revised Conditions 13 and 17g.
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� STAFF ITEMS
! PUSLIC ORALS
� COMMISSION ORALS
� STAFF ORALS
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� ADJOURNMENT
i Adjourn to the regular meeting of the Planning Commission on June
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11, 1996 at 7:30 p.m., in the City Hall Council Chambers, 11330
± Bullis Road, Lynwood, California.
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v ', r LYNWOOD PLANNING COMMISSION, APRIL � 1996
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The Planning Commission of the City of Lynwood met in a Regular �
Session in the City Hall, 11330 Bullis Road, on the above date at
7:30 p.m.
Chairman McMiller presiding.
Commissioners Dove, Barnes, Muhsin, Evans, Lee and McMiller
answered the roll call.
Commissioner Kuan was absent.
Also present were City Attorney Rudell, Planning Manager Diplock,
Planning Associate Barfield and Civil Engineering Associate
Nguyen.
Planning Manager Diplock announced the Agenda had been duly
posted in accordance with The Brown Act.
It was moved by Commissioner Muhsin, seconded by Commissioner
Dove and carried to approve the following minutes:
a) Special Meeting, February 27, 1996
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CONTINUED PUSLIC HEARINGS '
Chairman McMiller introduced the first item, Conditional Use i
Permit, Case No. CUP 96-02. Applicant: Rev. John R. Henderson,
Christ New Testament Baptist Church.
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Commissioner. Kuan arrived at 7:42 p.m. I
Planning Manager Diplock stated this item was continued from the �
meeting of March 12, 1996, at the request of the applicant. The I
Conditional Use Permit is for the purpose of constructing a three
(3) story, private school, which will be attached to an existing
church, and offering grades kindergarten through eighth grade, a,t �
11820 Atlantic Ave., in the CB-1 (controlled business),zone.
Property location, size, existing land use, and land use descrip- i
tion were introduced. On-site parking requirements were also
discussed and it has been determined by the Site Plan Review �
Committee that the development does not provide the require,d '
parking. The Committee also has concerns with the lack of out- �
side play area. At this time, staff is recommending denial based I
on the lack of adeguate parking facilities. �
Commissioner pove asked about the requirements for an adequate �
designated play area for a school of this size. i
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Commissioner Evans stated that there are State requirements for I
designated play areas at schools/day care centers.
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Commissioner Lee asked where were areas designated for children �
to eat their lunch.
After further discussion by the Commission, Chairman McMiller �
opened the Public Hearing.
Rev. John R. Henderson, Christ New Testament Baptist ;
Church/Applicant spoke in support of his Conditional Use Permit, i
and stated he is available to answer any questions the Commission
may have. Mr. Henderson also discussed the new proposed play i
area and designated parking areas and indicated that his archi- I
tect was available to provide additional information. Mr. Hen-
derson indicated the proposed plan has been revised, but there
was not time to submit copies to staff for review. ,
Commission members asked several questions about the features of �
the new proposal. �
Commissioner Evans questioned proper licensing. �
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Commissioner Lee recommended continuing the item to the next
regular scheduled meeting, in order to allow staff sufficient
time to review the applicants alternative plans.
Chairman McMiller recommended further review of the new proposal
prior to a decision of the Planning Commission.
Charles Ham, 222 N. 6th Street, Santa Paula, CA, and Architect
for the applicant, discussed the proposal and Conditional Use
permit with the Commission.
It was then moved by Commissioner Lee to continue the item, with
direction to staff, to look into requirments for off-site play
areas and other state requirements and report back to the Commis-
sion. Also, staff should identify the definition of a classroom,.
with input from the Lynwood Unified School District or Department
of Education as well as requirements for play areas and cafete-
rias for private schools.
Commissioner Evans seconded the Motion with an amendment to
include proper licensing.
ROLL CALL•
AYES: • COMMISSIONER DOVE, EVANS, MiJFISIN, BARNES, KUAN, LEE,
McMILLER
NOES: NONE
ASSENT: NONE '
Ms. Henderson spoke in favor of the Conditional Use Permit.
Commission recessed for five (5) minutes. � �
REGULAR ORDER OF BUSINESS !
None '
STAFF ITEMS �
None
PUSLIC ORALS �
Bruce Yingline 11618 Louise, stated complaints with the green-
waste recycling project located on Louise Ave. �
Commissioner Lee requested a report on this at the next regular !
scheduled meeting. • I
COMMISSIONER ORALS �
Commissioner Muhsin repeated concerns with the street trees along �
Atlantic Ave.
Commissioner Kuan discussed improvements within the city, and a �
Code Enforcement issue on Virginia Ave..
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Commissioner Evans requested staff investigation of the possibil- �
ity of installation of speed bumps on Magnolia, between Bullis �
Road and Long Beach Blvd.
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Commissioner pove discusseci proposed uses for the former bowling �
alley. ,
Commissioner Lee questioned whether a fence permit had been �
issued for property on wright Road. Also requested information i
on the Auto Repair business on Atlantic, Planning Commission
Resolutions with corrections to Conditions of Approval, an ille- !
gal driveway on Fernwood Ave., delayed responses from staff, and �
the Mobil Gas Station at Bullis Road and Martin Luther King Jr. I
Blvd. �
It was then moved by Commissioner Lee, seconded by Commissioner �
Evans to direct staff to place a chronology of events, along with �
all documentation with regard to the Mobil Gas Station at Martin !
Luther King Jr. Blvd. and & Bullis Road on the agenda for the
next regular scheduled meeting. i
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ROLL CALL•
AYES: . COL�ASISSIONER EVANS, MUHS=N, BARNES, RIIAN, LEE, McMILLER
NOES: NONE
ABSENT: NONE '
ABSTAIN: COMMISSIONER DOVE
Having no further discussion, it was moved by Commissioner
McMiller, seconded by Commissioner Muhsin and carried to adjourn
at 9:25 p.m.
CHAIRMAN McMILLER
APPROVED AS TO CONTENT:
ROBERT DIPLOCK, PLANNING MANAGER
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APPROVED AS TO FORM: !
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MICHELE BEAL BAGNERIS, �
DEPUTY CITY ATTORNEY I
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DATE: May 14, 1996 �U � .
j..- up 9r � Z
' T0: PLANNING COMMISSION C� , � �
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FROM: Gary Chicots, Director
Community Development De tment
SUBJECT: Conditional Use Permit Case No. 96-02
Applicant: Rev. John R. Henderson
Pronosal:
The app7.icaat is requesting approval of a Conditional Use Permit
in order ta replace an existing school and day care center with
a three (3) story private school, which will be attached to an
existing church, offering grades kindergarten through eighth
grade at 11820 S. Atlantic Avenue in the CB-1 (Controlled
Business) zone. This case was continued from the April 9, 1996
Commission meeting in order to address issues surrounding State
requirements for minimum classroom size and outdoor play area for
private schools.
Facts:
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l. Respond To Commission Ouestions:
At the Commission meeting cited above, questions arose regarding
State requirements for classroom size, outdoor play areas and
other requirements for private schools.
The Deputy General Counsel of the California Department of
Education, in a letter to Staff dated April 30, 1996 summarized
requirements for private schools (see Exhibit 5) as follows:
o Instruction shall be offered "in the several branches of
study required to be taught in public schools...."
o Instruction sha11 be in English.
o Private school instructors must be "capable of
teaching." Teachers must'meet standards comparable to those
required for public school teachers in similar positions.
o Private school authorities must keep attendance in a
register for each day that school is maintained.
o A private school must be "a full time day school:"
o Private school building and structures must meet
earthquake safety standard requirements.
o Private schools with 50 or more students or containing
more than one classroom must have a operative fire warning
system.
; o Private schools must be equipped with industrial quality
� • eye protective devices for individuals in courses engaged in
, observing an activity using a hazardous substance likely to cause
eye injury.
� As can be noted, State requirements are very limited and do not
speak to classroom size or any requirements for outdoor play
areas.
, 2. Proposed Response to State Reauirements
' In order to reenforce the limited State requirements for
private schools, Staff proposes to include State requirements
as Conditions of Approval in CUP 96-02.
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3. Environmental Assessment
The Community Development Department Staff has determined
that no substantial environmental impact will result from the
proposed development. 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 continue this application to June 11, 1996 as
requested by the apglicant.
ATTACHMENTS:
l. Applicant's Letter Requesting A Continuance
2. Location Map
3. April 9, 1996 Staff Report
4. Resolution No. 2582
5. Deputy General Counsel Letter, dated April 30, 1996
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DATE: April 9, �996 E�GENDA ITEM N0
• T0: PLANNING COMMISSION CASC IVO. -��
FROM: Gary Chicots, Director /
Community Development Department /��✓
SUBJECT: Conditional Use Per Case No. 96-02
Applicant: Rev. John R. Henderson
Pr000sal:
The applir_ant is requestina approval of a Conditional Use Permit
in order tq replace an existing school and day care center with
a three (3) story private school, which .will be attached to an
, existing church, offering grades kindergarten through eighth -
grade at 11820 S. Atlantic Avenue in the CB-1 (Controlled
Business) zone.
Facts:
l. Source of Authoritv
Section 25-7.1 of the Lynwood Municipal Code requires that a
Conditional Use Permit be obtain for any use not specifically
permitted in the CB-1 (Controlled Business) zone. _.
2. Property Location
The site.is located on the east side of S. Atlantic Boulevard
between Josephine and Lavinia streets. (Please see attached
location map.)
3. Propertv Size '
The subject site consists of a lot which is rectangularly
shaped and approximately 25,200 square feet in size.
4. 'Existin4 Land Use
The property is currently occupied by a church and an
attached one story day care facility. The surrounding land
uses are as follows:
North - Commercial
South - Commercial
East - Single-Family Residential
West - Commercial '
5. Land Use Description
{ The General Plan Designation for the subject property is
� Commercial while the Zoning Classi£ication is CB-1. The
� surrounding land use designations are as follows:
' General Plan: Zonina:
� North - Commercial North - CB-1
South - Commercial South - CB-1
�� East - Single Family Residential East - R-3
West - Commercial West - CB-1
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6. Pro�ect Characteristics:
• The applicant proposes to develop a 4,790 sq. ft. , three (3)
story high, private school and Sunday School building
attached to an existing church. Thirty=one parking spaces
are proposed for the site serving both the church and the •
proposed school. There will be a total of 72 employees and
the hours of operations will be Mondays through Fridays, 8
a.m. to 4 p.m., Saturdays occasionally, and two (2) hours on
Sunday.
7. Site Plan Review
: On MarC'h 4, 1996, the Site Plan Review Committee evaluated
the proposed development and determined that the development �
did no� provide the required parking. The Committee was
concerned about the lack of outside play area. The Committee
suggested that the applicant return to its next scheduled
meeting in order to resolve this issue. On March 26, 1996,
the applicant met with the Committee. However, the issues of
parking and play area have not been resolved.
8. Zonina Enforcement Historv
None of record at the time this report was completed.
9. Public Resnonse
None of record at the time this report was prepared.
ANALYSIS AND CONCLUSION:
1. Consistencv with General Plan
The proposed use will'upgrade an existing school facility
and is consistent with land use goals and guidelines of the
City General Plan.
However, the proposal does not meet the General Plan
. Circulation Element requirements that "All developme'nt
projects...shall be required to provide adequate on-site
parking...and Circulation Policy No. 7"...enforce parking
requirements for new development to insure sufficient
parking...including employee parking.°
Granting Conditional Use Permit No. 96-02 will�not adversely
affect the General Plan provided required parking is met by
the proposal development.
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2. Site Suitabilitv
The property is adequate in size and shape to accommodate
� the proposed development relative to structures, walls,
fences, landscaping, driveways and other development features
required by the Zoning Ordinance. However, the property is
not adequate in size play area to meet required parking or
1 provide any outdoor play area.
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( 3. Compatibility
� The proposed development is surrounded by a mixture of
�� commercial and residential developments. Therefore, the
'� project will be compatible with the surrounding land uses.
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4. Compliance with Development Standards
• The proposal meets the development standards required by the
Zoning Ordinance with respect to setbacks, lot coverage and
building height. However, the project does not meet the
parking requirements of the Code. The proposal offers 31
parking spaces. The Zoning Ordinance calls for five (5)
spaces per class room in a private school. The proposal
calls for 22 classrooms. Therefore, 110 parking spaces are
required for the project.
5. Conditions of Aoproval
The irr�rovements as proposed, subject to the conditions
• recommended by the Site Plan Review Committee, will not have
a negative effect on the values of the surrounding properties
or interfere with or endanger the public.health, or
welfare. Inadequate parking however will cause congestion
and spill over parking on the surrounding streets.
6. Benefits to Communitv
The proposal will provide a community service and potentially
help to reduce classroom size in public schools.
7. Environmental 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 15061 b(3) of the CEQA Guidelines.
RECOMMENDATION:
Staff respectfully requests that, after consideration the
Planning Commission deny this application since it does not meet
the requirements for on-site parking. However, if the
Commission, after deliberation, wishes to act on the application,
Resolution 2582, containing Conditions of Approval, has been
provided.
ATTACHMENTS:
1. Location Map
2. Site Plan/Elevation Drawing/Floor Plans
3. Resolution No. 2582
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RESOLUTION NO. 2582
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING CONDITIONAL USE
PERMIT N0. 96-02 TO DEVELOP AND OPERATE A
THREE (3) STORY PRIVATE SCHOOL AT 11820 S.
ATLANTIC AVENUE IN THE CB-1 (CONTROLLED
BUSINESS) ZONE, LYNWOOP, CALIFORNIA.
WHEREAS, the Lynwood Planning Commission pursuant to law,
on March 12�; 1996 and May 14, 1996. conducted a public hearing on
the subject application; an3
WHEREAS, the Planning Commission; considered all pertinent
testimony offered at the public hearing; and
WHEREAS, the Community Development Director has determined
that no substantial environmental impact will result from the
proposed development. Therefore, a Negative Declaration has been
filed in the Community D'evelopment Department and in the office
of the City Clerk; and
WHEREAS, a Conditional Use Permit is required for any
development not expressly permitted, in the CB-1 (Controlled
Business) 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, 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.
Section 2. The Planning Commission of the City of Lynwood,
based upon the aforementioned findings and determinations, hereby
approves Conditional Use Permit No. 96-02, provided the following
conditions are observed and complied with at all times: �
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1 COMMUNITY 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
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Department.
i 2. Comply with all applicable codes of the State of California
' Education Code for private schools prior to receiving a
' Certificate of Occupancy from the City of Lynwood.
3. Any proposed subsequent modification of the subject site or
i. structures thereon, shall be first reported to the Community
Development Department, Planning Division, for review of
I ' said modifications.
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4. The applicant shall meet the requirements of all other City
Departments.
5. 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.
a. Instruction shall be offered "in the several branches of
study required to be taught in public schools..."
. b. Instruction shall be in English.
c. All instructors must be capable of teaching and must
meet standards comparable to those required for public
school teachers in similar positions.
d. Keep attendance in a register for each day that school
is maintained and report attendance annually to the
State Department of Education.
e. Provide a full time day school.
f. Meet all applicable earthquake safety standard
requirements.
g. For private schools with 50 or more students or
containing more than one classroomm provide an operative
fire warning system. .
h. Provide industrial quality eye protective devices for
individuals in courses engaged in observing an activity
using a hazardous substance likely to cause eye injury.
PLANNING DIVISION CONDITIONS
7. Limit school operations to Mondays through Fridays, 8:00
a.m: to 5:00 p.m. The facility may be used Saturdays or
Sundays for Church school related activities.
8. Mitigate any adverse effect on the neighborhood due to
pedestrian or vehicular traffic, such as staggering
children's drop-offs, maintaining driveways unobstructed,
and turning off idling engines of vehicles.
9. Advertising or signs shall not be displayed on the premises
until reviewed and approved by the Director of Community
Development.
10. All construction shall be performed by a licensed contractor
as per plans, specifications and current'codes.
11. The applicant shall contact the U.S. Post Office (Lynwood
main office) to establish the location of mail boxes serving
the proposed development.
12. Construction shall commence within (6) months from date
, of issuance of building permits.
, 13. Landscaped areas are to be a minimum of twenty-five (25%)
� percent of the lot area.
, 14. 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 £eet of
landscaped areas.
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15. A minimum 110 parking spaces shall be provided on the
subject site. The proposed plans calls for 31 parking
places. Therefore, pursuant to Section 25-26 Variances, an
approval of a Variance Request must be obtained to reduce
the required parking from 110 parking space to 31 parking
spaces.
16. Final building elevations, including materials of -
construction, shall be submitted to and approved by the
Building Official and the Planning .Division prior to
issuance of any building peYmits. , -.
17. All driveway and parking areas shall be paved.
18. Acoustical construction materials shall be used throughout
the units to mitigate freeway noise to the standards and
satisfaction of the Building and Safety Division.
19. The structure 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. Prior to obtaining a building permit, the design of any
exterior elevation changes to the building must be approved
by the Director of Community Development or his/her
designee.
21. All building elevations shall be architecturally treated in
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,
� 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
plans prior to submission to the Building and Safety
Division.
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. This Conditional Use Permit shall lapse and become void one
hundred and twenty (120) days after the use permitted has
been abondoned or has ceased to be actively exercised.
PUBLIC WORKS ENGINEERING DEPARTMENT
27. A parcel map or Lot Merger is required to combine the lots
together. Building permits will not be issued prior to the
recordation of a subdivision map.
28. Dedicate a ten (10) wide strip of property along Atlantic
Avenue.
29. Submit a grading plan prepared and signed by a registered
Civil Engineer. Property is located within the 100 Year
flood level zone per flood boundary map. Also conform to
' all applicable codes per section 12 1/2 of the Lynwood
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' Municipal Code. Building above the flood level will require
substantial amount of fill, therefore, suggest alternative
methods of design to minimize amount of useable space at
ground level.
30. Reconstruct damaged sidewalk, curb and gutter, drive
approach (es) and required pavement along Atlantic Avenue.
31. Close the existing drive approach that is not in use and
construct parkway along Atlantic Avenue.
32. Connec� to public sewer. Construct laterals as necessary.
33. Regrade parkway and landscape with grass.
34. Underground all utilities.
35. A permit from the Engineering Division is required for all
off-site improvements.
36. All required water meters, meter service changes and/or fire
protection lines shall be installed by the developer. The
work shall be performed by a licensed contractor hired by
the developer. The contractor must obtain a permit from the
Public Works/Engineering Division prior to performing any
work.
FIRE DEPARTMENT
37. FIRE ALARMS -- Approved fire alarms shall be provided for
all Group E Occupancies with an occupant load of more than
50 persons. In every Group E Occupancy provided with an
automatic sprinkler or detection system, the operation of
such system shall automatically active the school fire.alarm
system which shall include an alarm mounted on the exterior
of the building (UBC 809, UFC 14.104(b)3A).
38. SPECIAL PROVISIONS -- Rooms in Divisions 1 and 2 Occupancies
used for kindergarten, first and second grade and
Division 3 Occupancies shall not be located above the first
story.
EXCEPTION: In buildings equipped with an automatic
sprinkler system throughout, rooms used for kindergarten,
first or second grade children or for day care purposes may
be located on the second story, provided there are at least
two exists directly to the exterior for the exclusive use of
such occupants. (UBC 802(c)).
39. EXIT SIGNS -- Not required at main entrance. Illuminated
exist signs shall be required. Internally or externally
illuminated exist signs sha11 be required. Internally or
externally illuminated by two electric lamps or shall be of
an approved self-luminous type. (UFC 12.108(a,b)').
40. PORTABLE FIRE EXTINGUISHERS -- 2A extinguishers within 75
feet. (UFC 10.303(a)).
41. FIXED FIRE PROTECTION EQUIPMENT -- Automatic fire
extinguishing system over all cooking equipment plus a
portable fire extinguishers with a minimum 40RC rating.
(UFC 10.313). Extinguishing system to be serviced every six
mounts or after activation of the system. (UFC 10.313(e).
42. GATES AND FIRE DRILLS -- School grounds may be fenced and
gates therein equipped with locks, provided safe dispersal
areas are located not less than SO�feet from the buildings.
Dispersal areas shall be sized to provide an area of not
less than 3 square feet per occupant. Gates shall not be
installed across corridors or passageways leading to such
dispersal area, unless they comply with exist requirements
(UBC 3319(k).
4
' 43. FIRE SPRINKLER SYSTEM -- Provide an approved fire sprinkler
system. Submit plans for approval pri�r to installation.
FC 1201(d) and T.24-2-3802 �
. 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:
" � - �
AYES:
NOES:
ABSENT:
ABSTAIN:
Carlton McMiller, Chairperson
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Gary C. Chicots, Director Michele Beal Bagneris
Community Development Department Deputy City Attorney
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e.� �§ DELAINE EASTIN �
!, S�aieSuperintendentolPubliclnsuuciion o
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Apri130,1996 —____—__:-_---. _._...
q ��L���� �.,:.....;i y
� Robert Diplock , ;
Planning Division + �� ��� __ ;; i��6
City of Lynwood �
11330 Bullis Road ' CITY OF � YN�JIj�nD
L CA 90262 � COMM. DEV. DEPT.
Dear Mr. Diplock: -°
I am responding to your request for information on home schooling in California. Home
schooling, a situation where non-credentialed pazents tea.ch their ovm children, exclusively,
at home, whether using a correspondence course or other curricula, is not autharized in
California. There are three options available to parents who want to provide a setting other
than a public school classroom.
The first option is private tutoring which is a statutory exemption froYn the compulsory
public school attendance law (Educarion Code sections 48200, 48224). The tutor (who may
be any person including a parent) must have a valid California teaching credential for the
grade level being taught and instruction must be in the branches of study required in the
public schools. Tutoring must be provided for at least three hours per day, between 8:00
a.m. and 4:OO.p.m., and for at least 175 days per calendar year, and in the English language.
The affidavit required of a private school (discussed below) is not required of a tutor. If a
parent does not hold a teaching credendal for the grades taught, the tutor exemption is not
sarisfied.
The second option, which is also a statutory exemption from attendance in the public school
system, is to enroll students in a private full-time day school (Education Code section
48222). Private schools also must instruct pupils in all the branches of study required in the
public schools. Private school authorities must keep attendance in a register, indicating
every absence by a pupil of a half day or more for each day that school is maintained. T'he
law does not set any minimum standards for private schools with regard to number of
' students, number or length of school days, and dces not require that instructors be
credentialed. Private school instructors must be "capable of teaching." The California
Attorney General has interpreted this to mean that teachers in private schools should meet
standards comparable to those required for public school teachers in similar positions,
excepHng only the credentials (3 Ops.Cal.Atty.Gen. 193).
The law requires private school authorities to file a Private School Affidavit with the State
Superintendent of Public Instruction disclosing certain information (Education Code section
��
Apri130,1996
I'agc 2
33190). This affidavit is solely for statistical purposes and publishing a directory of private
K-12 schools in the state. It is not a license or approval to operate a private school. Both the
privatc school.exemption (Scclion 48222) nnd thc affidavit requiremcnt (Section 33790)
explicitly state that filing the Private School Affidavit is not to be construed as a� approval
of the school or its courses. Therefore, filing the affidavit has no effect on the status of a
person or institution; it dces not transform a pazent into a private school. People u. Turner
(1953) 121 Ca1.App.2d Supp. 861, appeal dismissed 347 U.S. 972, rejected the concept that
parents may designate their own home instruction program a"private school" in order to
avoid the credential requirement. That conclusion was affirmed in In re Shinn (1961) 195
Ca1.App.2d 683. T'he Shinn decision also specifically addressed the use of correspondence
courses and held that use of such courses dces not constitute a"private full-tune day school"
" within the meaning of the Education Code (id., at 693�94).
As a third option, the Department encourages parents to consider independent study
through the local public school system (Education Code section 51745 and following). This
is an alternative to classroom instruction, and is consistent with the local school district's �-
course of study. Although enrollment in the public school is required, independent study
allows students to pursue educational opportunity outside the classroom within the
framework of a written agreement that specifies minimum requirements and assures
general supervision of each pupil's independent study by a credentialed employee of the
school district. A child with exceptional needs may participate in independent study only if
his or her individualized education program, developed pursuant to Education Code
section 56340 and following, provides for that participation (Education Code section
51745(c)). If the district dces not offer independent study, we enmurage pazents to contact
their county office of education for information on programs that may be offered through
the county or other districts in their area._
Except for the Education Code sections referenced, this letter is exemplary. It is not binding
on local educational agencies or other entities or persons. Local school districts have the
I primary responsibility to ensure that all compulsory school age children in the district are
� either in attendance at a public school or legally exempt. I hope this informaHon will be of
', assistance to you.
i Su{cerely, � .
/
� Carolyn irillo
Deputy General Counsel
� (916)657-2453
, CP:c
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• DATE: May 14, 1996 r"�:3`� l�Li1`I �0.�_�
�'�F. . . . . , r �
�{'� T0: PLANNING COMMISSION Cr _� ���
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FROM: Gary Chicots, Director,
Community Development Depart n
SUBJECT: Conditional Use Permit Case No. 95-06R
Applicant: Feliciano Ramos
, Proposal:
The applicant is requesting anproval of a Conditional Use Permit
to sell beer and wine for on-site consumption in an existing.
' seafood restaurant at 11098 Atlantic Avenue in the C-3 (Heavy
Commercial) Zone.
F 'acts :
l. Previous Commission Action
' The Plarining Commission previously approved a request for on
site beer and wine for this location on May 09, 1995. This
action was appealled and the City Council denied the request
for a Conditional Use Permit. Part of the Council's concern
was the lack of control on the size and type of restaurant �
that could be granted an on site beer and wine permit.
Since that time the Council has adopted a minimum size for
restaurants serving beer and wine (800 sq. ft. of seating.
ar,ea and seating for 40 people at tables or booths). The
applicant meets those minimum standards.
2. Source of Authoritv
' Sections 25-16.20c of the Lynwood Zoning Ordinance requires
that a Conditional Use Permit be approved to allow
establishments to sell alcoholic beverages both on and off
= site.
3. Propertv Location and Size
The site is located on the east side of Atlantic Avenue
between Los Flores and Elmwood Avenue (see the attached
location map). The subject property is a generally
rectangular lot, approximately 15,000 square feet (150'x 90�)
in size.
4. Existina'Land Use
The site contains a min� mall consisting of the subject
seafood restaurant (1,110 square feet) and approximately
3,000 square feet of other retail stores. There are 11
parking spaces. The surrounding land uses are as follows:
.
North - Commercial
South - Commercial
East - Residential
West - Commercial
5. Land Use Designation
The General Plan designation for the subject property is
Commercial, while the Zoning Classification is C-3 (Heavy
Commercial. The surrounding land use.designations and zoning �i
are as follows: '
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General Plan Zoning �
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North'- Commercial C-3 •
' South - Commercial C-3
East - Commercial C-3
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' West - Commercial C-3
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6. Project CharacY_eristics
The applicant proposes to sell beer and wine only at an
existing seafood restaurant.
The restaurant is small, with an open kitchen area, 9 tables
and counter seating for 6 additional customers. The
restaurant has been operating as a restaurant for the past
year and is not a tavern or beer bar.
City Ordinance No. 1141 allows a bona fide restaurant to sell
alcoholic beverages for on-site consumption if granted a
conditional use permit.
BONA FIDE RESTAURANT is defined as a place which is regularly
used and kept open for the serving of ineals to guests for
compensation and which has suitable kitchen facilities for
_ cooking of an assortment of foods which may be required for
meals.
7. Site Plan Review
At its regular meeting on March 25, 1996, the Site Plan
� Review Committee evaluated the proposed request and
recommended approval to the Planning Commission subject to
stated conditions.
8. Zonina Enforcement Historv
None of record at the time this report was prepared.
9. Neicxhborhood Resnonse
None of record at the time this report was prepared.
ANALYSIS AND CONCLUSION
1. Consistencv with General Plan and Zonina Ordinance
The proposed land use is consistent with the existing zoning
classification of C-3 and the General Plan designation of
Commercial. Bone fide restaurants are exempt from the
distance requirements for bars, taverns and off sale
facilities.
However the Ordinance was amended recently to require a
minimum seating area of 800 sq. ft. and seating for 40
customer�s for restaurants serving beer and wine. The
restaurant has been remodelled and currently meets these
minimum requirements.
2. Compatibilitv
The existing restaurant has commercial uses on three sides.
There is residential development to the rear but it is
separated from the restaurant by the solid�rear wall of the
shopping center and by an alley. Permitting the sale of
alcoholic beverages at this site would not be incompatible
with the adjacent commercial uses, and is not likely to have
negative effects on adjacent residential uses.
ENVIRONMENTAL ASSESSMENT
The Community Development Director has determined that the
project is categorically exempt from provisions of the California
Environmental Quality Act, pursuant to Section 15061b (3) of the
� State CEQA Guidelines as amended.
f:\staffrpt\cup956R ,
2
' RECOMMENDATION
:'
Staff respectfully requests that the Planning Commission, after
consideration, adopt the attached resolution No. 2587:
l. Finding that the Conditional Use Permit Case No. CUP 95-
06R is categorically exempt from the provisions of the
California Environmental Quality Act.
2. Approving Conditional Use Permit No. CUP 95-06R, subject
to the stated conditions and'requirements.
Attachments
1. Location Map
2. Site Plan
3. Resolution 2587
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RESOLUTION NO. 2587
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LYNWOOD
APPROVING CONDITIONAL USE PERMIT N0.95-
06 R(CUP 95-06R ) ALLOWING THE SALE OF
ALCOHOLIC BEVERAGES IN A RESTAURANT AT
11098 S. ATLANTIC AVENUE, IN THE C-3
(HEAVY COMMERICAL) ZONE, LYNWOOD,
CALIFORNIA
WHEREAS, the Lynwood Planning Commission, pursuant to law,
on May 14, 1996 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 Director of Community Development has
determined that the proposal is categorical exempt from the
provisions of the California Environmental Quality Act pursuant
to Section 15061b (3) of the CEQA Guidelines as amended; and
WHEREAS, the proposal is consistent with the General Plan in
that the subject site is designated "Commercial" on the General
Plan Map; and
WHEREAS, the subject restaurant has been determined to
qualify as a bone fide restaurant and meets all Ordinance
requirements pertaining to the sale of beer and wine for on site
consumption; therefore
Section 1. The Planning Commission hereby finds and
determines as follows:
A. The proposed use is adequate in size to, meet the
requirements of the Official Zoning Ordinance.
B. That the proposed location of the Conditional Use is in
� accord with the requirements of the Zoning Ordinance and
the purpose of the zone in which the site is located.
C. The proposed use, subject to conditions, will not have
� a negative effect on the value of surrounding properties
I , or interfere with or endanger the public, health, safety
I or welfare.
I D. The granting of, the Conditional Use Permit will not
I adversely affected'the General Plan. ,
� Section 2. The Planning Commission of the City of Lynwood,
based.upon the aforementioned finding and determinations, hereby
�!, approves Conditional Use Permit, Case No. 95-06R, provided the
i following conditions are observed and complied with at all times.
'� 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
i structures thereon shall be first reported to the Community
' Development Department, Planning Division, for review.
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• 3. 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.
• PLANNING DIVISION
4. The noise levels generated by the operation of such
establishment shall not exceed 60 dBA on adjoining
. properties zoned or used for residential purposes.
5. A minimum of fifty-one (51%) percent of restaurant's gross
receipts shall be be from food and non-alcoholic beverages
consumed on site. The owner/operator shall submit evidence
of total food sales to the Accounting Department of the City
one year after approval of the Conditional Use Permit by the
Planning Commission.
6. The restaurant shall maintain a minimum customer serving
area of 800 sq. ft. and a minimun seating area for 40
persons at tables or booths.
7. The area inside the restaurant devoted to alcoholic beverage
display shall be limited to 20 of the seating area or shelf
area.
8. If applicable, construction of any internal improvements
shall commerce within six (6) months from date of issuance
of building permits.
9. Subject building shall be accessible to the handicapped.
10. ,No alcoholic beverages shall be sold after 10:00 pm or prior
to 11:-00 am.
11. No alcoholic beverages advertising shall be located on
windows or the exterior walls of the building.
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i 12. The owner and lessee will maintain a pro-active approach to .
i � the elimination of graffiti from the structures, fences and
j any accessory buildings, on a daily basis.
� 13. Access to restroom facilities shall be provided. Restrooms
;, shall be signed and well lighted.
� 14. The Building Department shall examine the bathroom
i facilities to assure that they fully conform to all
applicable codes and standards.
15. A signage plan must be submitted for Redevelopment Division
i ' approval, prior to installation, or modification of signs.
16. Alcoholic beverages shall not be sold for off-site
consumption and shall be sold with food orders only for on
�� . site consumption.
`' 17. If other than beer and wine is to be sold, another
i Conditional Use Permit approval is required by the Planning
, Commission.
' 18. This application shall be subject to yearly review by the
! Planning Commission and Redevelopment Agency.
I 19. This permit shall become void in one hundred twenty (120)
days, unless extended, after the use permitted has been
�' abondoned or has ceased to be.actively exercised.
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PUBLIC WORKS/ENGINEERING DEPARTMENT
The Public Works and Engineering Department has found no cause to
establish conditions for this application at this time.
FIRE DEPARTMENT
The Fire Department found no cause to establish conditions for
this application at this time.
Section 3. .A copy of the Resolution No. 2587 and its
conditions shall be delivered to the applicant:
Section 4. Any violation of said conditions in this
resolution may result in revocation or modification of the
Conditional Use Permit by the issuing body at a regularly
scheduled meeting.
APPROVED AND ADOPTED this 14th of May 1996, by members of
the Planning Commission, voting as follows:
AYES :
NOES : �
ABSENT :
i ABSTAIN :
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j Carlton McMiller Chairperson
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1 APPROVED AS TO CONTENT: APPROVED AS TO FORM:
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� Gary Chicots, Director Michele Beal Bagneris
� Community Development Dept. Deputy City Attorney
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DATE: May 14, 1996 p
;• � F � � � � y � • .i.�l.i,� � O �.i
' T0: PLANNING COMMISSION �"'
FROM: Gary Chicots, Director, � �-�
Community Development Depa tment
SUBJECT: Conditional Use Permit Case No. 96-05
Applicant: Sal Preciado
Pr000sal:
The applicant is requesting approval of a Conditional Use Permit.
. to se11 beer and wine for on-site consumption in an existing
restaurant at 3840 Martin Luther King Jr. Blvd. in the C-2 (Light.
Commercial) Zone.
Facts
1. Source of Authoritv
Sections 25-16.20c of the Lynwood Zoning Ordinance requires
that a Conditional Use Permit be approved to allow
establishments to sell alcoholic beverages both on and off
site.
2. ,ProAertv Location and Size
The site is located on the south side of Martin Luther King
Jr. Blvd. between Bullis Road and Ernestine Avenue (see the
attached location map). The subject property is a generally
rectangular group of lots, approximately.89,600 square feet
in size (including rear parking area).
3. Existinp Land Use
The site contains a large building with a vacant bowling
a11ey and restaurant. The surrounding land uses are as
follows: '
North - Commercial
South - Public/Semi Public
East - Residential
West - Commercial
4. Land Use Desiqnation ,
The General Plan designation for the subject property is
Commercial, while the Zoning Classification is C-2 (Light
� Commercial). The,surrounding land use designations and�
I zoning are as follows:
� General Plan Zoning
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I North - Commercial C-2/P-1
; South - Commercial C-2/P-1
! East - Single Family Residential R-2
� West - Commercial C-2 �
� 5. Proiect Characteristics
i The applicant proposes to sell beer and wine only in an
� existing restaurant and lounge.
' The restaurant seating area is over 1,200 sq. ft. with
� seating for approximately 40 persons in booths and has
counter seating for 26 additional customers. There is
additional seating at booths and tables in the lounge area
1 for 50 more people. The restaurant has been operating as a
restaurant for the past several months.
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' City Ordinance No. 1141 allows a bona fide restaurant to sell
alcoholic beverages for on-site consumption if granted a
conditional use permit.
BONA FIDE RESTAURANT is defined as a place which is regularly
used and kept open for the serving of ineals to guests for
compensation and which has suitable kitchen facilities for
cooking of an assortment of foods which may be required for
meals.
6. Site Plan Review
At its regular meeting on April 30, 1996, the Site Plan
, Review Committee evaluated the proposed request and
recommended approval to the Planning Commission subject to
stated conditions.
7. Zonin4 Enforcement Historv
None of record for this lessee at the time this report was
prepared. Warnings have been given concerning signage and
parking.
8. Neiahborhood Response �
Staff has received several complaints from neighbors
concerning parking problems when the former bowling alley
area has been used as a meeting facility. One neighbor
complained about parking problems at the May 07, 1996 Council
meeting. No complaints have been received concerning the
operation of the restaurant.
ANALYSIS AND CONCLUSION �
l. Consistencv with General Plan and Zonin4 Ordinance
The proposed land use is consistent with the existing zoning
classification of C-2 and the General Plan designation of
Commercial.
Bone fide restaurants are exempt from the distance
requirements for bars, taverns and off sale facilities. The
restaurant, also exceeds the Zoning Ordinance requirements for
a minimum seating area of 800 sq. ft. and seating for 40
customers for restaurants serving beer,and wine.
However, beer and wine cannot be sold in the lounge area
unless it is in conjunction with a food order. without food,
the lounge becomes a bar or tavern which must be a minimum of
I � 500 ft. away from residential uses.
� 2. Compatibilitv
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j The existing restaurant has commercial uses to the north and
1 west with a large parking area to the south. However, there
I is residential development to the east. There have been
� ongoing problems and complaints concerning.the primary lessee
', of this building allowing parking for large trailer trucks
and cabs in the building's parking lot. Recently, the
j current restaurant lessee has been allowing large meetings in
� the vacant bowling alley area. This has lead to a number of
; complaints, one at the May 07, 1996 Council meeting, about
overflow parking clogging local streets, blocking driveways
i and parking in front of fire hydrants and loitering around
the building late at night. Permitting the sale of alcoholic
beverages at this site would not be incompatible with the
' adjacent commercial uses, but may aggravate the negative
effects on adjacent residential uses.
1 � The restaurant lessee was told by the Director of Community
i Development and again by the Planning Manager on May O1, and
May 02, 1996 not to allow large scale assembly on the site.
Not only is it a nuisance but assembly halls are not a
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' permitted use in the zone and the applicant has no business
license for providing assembly facilities. On Sunday, May
06, 1996 at approximately 11:30 a.m. the Planning Manager
' observed a large number of cars in both parking lots, many
with stickers supporting CWA, the group using the meeting
facility. Also Superior Market had posted signs at two
entrances to their parking lot saying "Customer Parking Only,
No CWA Parking".
3. CONCLUSION
The applicant for Conditional Use Permit Case No. CUP 96-OS
is currently not operating in compliance with City Ordinance
requirements relating to large scale assembly. In spite of
several warnings he seems unwilling or incapable of
• controlling this property and. complying with City
requirements. Issuing a CUP to serve beer and wine in this
restaurant will only aggravate the problem and increase the
negative impacts on the neighbors.
For these reasons, Staff believs that the Conditional Use
Permit should not be approved at this time. If the Planning
Commission wishes, this application can be continued to the
next meeting to allow the applicant time to demonstrate
compliance with a11 City Ordinances. If the Commission
wishes to approve this request, a draft resolution is
attached.
ENVIRONMENTAL ASSESSMENT
The Community Development Director has determined that the
project is categorically exempt from provisions of the California
Environmental Quality Act, pursuant to Section 15061b (3) of the
State CEQA Guidelines as amended.
RECOMMENDATION
Staff respectfully requests that the Planning Commission, after
consideration, continue this hearing to the next regularly
scheduled meeting and direct Staff to work with the applicant to
bring the operation of this facility into compliance with all
City Ordinances and regulations.
Attachments
l. Location Map
2. Site Plan �
3. Resolution 2588 �
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, -
, RESOLUTION NO. 2588
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LYNWOOD APPROVING CONDITIONAL
USE PERMIT N0. 96-OS (CUP 96-OS) ALLOWING
THE SALE OF BEER AND WINE IN A RESTAL7RANT
AT 3840 MARTIN LUTHER KING JR. BOULEVARD
IN THE C-2 (LIGHT COMMERCIAL) 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 Director of Community Development has determined
that the proposal is categorically exempt from the provisions of
the California Environmental Quality Act pursuant to section
15061b(3) of the CEQA Guidelines; therefore
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 proposed use regarding
structures, parking, walls, landscaping, driveways and
other development features required by the Official
Zoning Ordinance.
B. The proposed use, subject to conditions, will not have a
negative effect on the value of surrounding properties or
interfere with or endanger the public, health, safety or
welfare.
C. The proposed on site sale of beer and wine meets all
applicable Ordinance requirements.
D. The granting of the Conditional Use Permit will not
adversely affect the General Plan.
Section 2. The Planning Commission of the City of Lynwood,
based upon the aforementioned finding and determinations, hereby .
approves Conditional Use Permit, Case No. 96-05, provided the
. following conditions are observed and complied with at all times.
COMMUNITY DEVELOPMENT DEPARTMENT
1. The proposed development shall comply with all appTicable
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 the Community
Development Department, Planning Division, for the review.
3. The applicant and/or his representative shall sign a Statement
I � of Acceptance stating that he/she has read, understands, and
agrees to all conditions of this resolution prior to issuance
� of any building permits.
� PLANNING DIVISION
i 4. Provide adequate and clear access to restroom facilities.
� Restrooms shall be signed and well lighted and confined to use
i by restaurant patrons.
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5. The Building Department shall examine the bathroom facilities
to assure that they fully conform to all applicable codes and ,
standards.
6. Provide a loading/unloading area adjacent to the parking 1ot
for the restaurant must be provided.
7. The developer shall patch, seal, and stripe existing parking
lot.
8. The parking of truck cabs or trailers in the restauranE
parking lot shall be prohibited. The property shall be posted '..
with appropriate signs limiting parking to patrons/customers
only. Owner/lessee will take appropriate action to have
illegally parked trucks cited and towed.
. 9. A signage plan must be submitted for Redevelopment Division ,
approval, prior installation of new signs. ,
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10. This application shall be subject to a yearly review by the
Redevelopment Agency and Planning Commission. �
11. Alcoholic beverages shall not be sold for off-site -
consumption. . �
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12. If entertainment and/or dancing is proposed, a modification of �
this Conditional Use Permit approved by the Planning
Commission is required. ,
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13. The noise levels generated by the operation of such '
establishment shall not exceed 60 dBA at the property line
� between 10:00 p.m. and 7:00 a.m. and 65 dBA at any other time.
14. A minimum of fifty-one (51%) percent of restaurant's gross
receipts shall be from food and non-alcoholic beverages
consumed on site. The owner/operator shall submit evidence of �
total food sales to the Accounting Department of the City one
' year after approval of the Conditional Use Permit by the
Planning Commission.
15. The restaurant area shall have a minimum customer seating area
of at least 800 sq. ft. and minimum seating for 40 persons at
tables or booths.
16. The area inside the restaurant devoted to alcoholic beverage
display shall be limited to 2 0 or less of the total floor
� area.
; 17. If applicable, construction of any internal improvements shall
I commence within six (6) months from date of issuance of
I building permits.
' 18. Subject building.shall be accessible to the handicapped.
j 19. No alcoholic beverages shall be sold after 10:00 p.m. or prior
I to 11:30 a.m. on weekdays and Sunday and before 11:30 a.m. and
i after 12:00 midnight on Friday and Saturday.
�
; 20. No alcoholic beverages advertising shall be located on windows
} or the exterior or interior walls of the building.
21. Beer and wine shall be sold and consumed in the restaurant and
lounge area only.
�' 22. Owner/lessee will maintain a pro-active approach to the
', elimination of graffiti from the structure, fences and any
; accessory buildings on a daily basis.
'i 23. Provide a minimum of 44 parking spaces as shown on the
� approved plans.
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• 24. Where vehicles are .to be parked immediately adjacent to a
public or private street or alley, developer/lessee shall
install a decorative masonry or wrought iron wall (maximum of
42 inches in height measured from the finished surface of the
parking area) or a minimum 4 ft. wide �berm landscaped with
trees, shrub and groundcover. If a fence wall is provided, it
shall be set back 4 ft. from the sidewalk property line. There
must be.sufficient landscaping to screen wall from street view
and accessibility. An automatic irrigation system shall be
provided.
25. Pursuant to the City's code and the attached Site Plan, eacn '
off-street parking space shall not be less than twenty (20)
feet in length and nine (9) feet in width, exclusive of access
driveways or aisles, except as noted below:
a. Any standard parking space that is immediately adjacent
to a wall, structural column, light standards, or similar
obstruction on one or both of its longer sides or in an
enclosed space shall be at least ten (10') feet in width
and twenty (20') feet in length.
b. Two parking spaces designed for the handicapped shall be
provided. These spaces may be provided as follows:
1. Dimensions. The minimum dimensions of each
automobile parking stall for the handicapped shall
be not less than fourteen (14) feet in width by
eighteen (18) feet in length. Said stalls shall be
lined to provide a nine (9) foot parking area and a
five (5) foot loading and unloading area or:
, 2. Two (2) spaces may be provided within a twenty-
three (23) floor wide are, lined to provide a nine
(9) floor parking area on each side of a five (5)
foot loading and unloading area. The minimum
length of each parking space shall be eighteen (18)
feet.
3. Location. All parking spaces for the handicapped
shall be located adjacent to the main entrance of
the facility for which the spaces are provided.
The parking spaces shall be positioned so that the
handicapped persons shall not be required to walk
or wheel behind parked vehicles.
26. The vacant area in this building (for former bowling allwy)
shall not be used for any use other than those permitted in
the zone and after .all required permits, licenses, and
approvals have been secured.
27. This Conditional Use Permit shall be reviewed by the Planning
Commission every three months until the applicant has
demonstrated satisfactory compliance with all appropriate City
Ordinances and regulations.
FIRE DEPARTMENT
The Fire Department found no cause to establish conditions for this
application.
. h:\wpfiles\reso2588
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Section 3. A copy of the resolution No. 2588 and its
conditions shall be delivered to the applicant.
Section 4. Any violation of said conditions in this
resolution may result in revocation _or modification of the �
Conditional Use Permit by the issuing body at a regularly
scheduled meeting. '
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APPROVED AND ADOPTED this 14th day of May, 1996,'by members of
the Planning Commission, voting as follows:
AYES:
NOES:
ABSENT: j
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ABSTAIN: 1
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DATE: May 14, 1996 ht1[�jD ITEM NQ .
,�.{ .
' T0: PLANNING COMMISSION (�j��[ [�'O
t��"l L [ tl •
FROM: Gary Chicots, Director,
Community Development Department
SUBJECT: Conditional Use Permit Case No. 96-06
Applicant: Yoizng Pyo Lee
Proposal:
_ The applicant is requesting approval of a Conditional Use Permit
to sell al�oholic beverages for off-site consumption at 12211
Long Beach Boulevard in the C-2A (Medium Commercial) Zone. _
Facts
L Source of Authoritv
Sections 25-16.20c of the Lynwood Zoning Ordinance requires
that a Conditional Use Permit be approved to a11ow
establishments to sell alcoholic beverages both on and off
site.
; 3. Pronertv Location and 5ize
The site is located on the west side of Long Beach Boulevard
between Magnolia Avenue and Burton Avenue (see the attached
location map). The subject property is a generally
, rectangular lot, approximately 13,440 square feet (140'x 96')
in size.
4. Existina Land Use
The site contains�a one story, 3,200 square foot building. A
portion of this store is currently being used as a market.
� There are 18 parking spaces,. including one handicapped on the
site'. The surrounding land uses are as follows:
North - Commercial �
South - Commercial
East - Commercial
West - Residential
5. Larid Use Desicxnation
The General Plan designation for the subj property is
Commercial, while the Zoning Classification is C-2A (Medium
Commercia L The surrounding land use designations and zoning
are as follows:
. General Plan Zoning
North - Commercial C-2A
, South - Commercial C-2A
, East -'Commercial C-2A
' West -Town House & Cluster Housing R-3
6. "Proiect Characteristics
The applicant proposes to relocate an existing off site
` alcoholic beverage sales facility and retail market into an
existing building. A market at 12227 is located in the same
building.
The applicant proposes to relocate his liquor store/market
at 12301 Long Beach Boulevard to the subject site. The new
: market will sell alcoholic beverages, meats, vegetable, and
other market goods, and have three (3) employees. The plan
_ calls for seventeen (17) parking spaces and one (1) handicap
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7. Site Plan Revie
At its regular meeting on Apri1 30, 1996, the Site Plan
Review Committee evaluated the proposed request and
recommended anproval to the Planning Commission subject to
' stated conditions.
8. Zonina Enforcement Historv
. None o� record at the time this report was prepared:
. � .
9. Neiahborhood Resoonse
None of record at.the time this report was prepared.
ANALYSIS AND CONCLUSION
1. Consistencv with General Plan and Zonina Ordinance
The proposed lan.d use is consistent witn the existing zoning
�. classification of C-2A and the General Plari designation of
' Commercial. Since this is a relocation of a licensed �
business to a site already designated under Ordinance No. -
1306 to sell alcoholic beverages the integrity of the Zoning
Ordinance and General Plan is maintained.
, 2. Compatibilitv
The existing.commercial/retail building has commercial uses
surrounding it. However,. residential development exist to
the rear of the site. Permitting the sale of alcoholic
beverages at this site would not be incompatible with the
adjacent commercial uses, and is not likely to have negative
effects on adjacent residential uses.
ENVIRONMENTAL ASSESSMENT
' The Community Development Director has determined that the
project is categorically exempt from provisions of the California
•Environmental Quality Act, pursuant to Section 15061b (3) of the
State CEQA Guidelines as amended. �
RECOMMENDATION '
Staff respectfully requests that the Planning Commission, after
. consideration, adopt the attached resolution No. 2589:
l. Finding that the Conditional Use Permit Case No. CUP 96-
06 is categorically•exempt from the provisions'of the
California Environmental Quality Act.
2. Approving Conditional Use Permit No. CUP 96-06, subject
to the stated conditions and requirements.
Attachments
l. Location Map 1
2. Site�Plan
3. Resolution 2589
� � f:\staffrpt\cup96-06
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`• � RESOLUTION NO. 2589
' A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LYNWOOD
APPROVING CONDITIONAL USE PERMIT NO.
96-06 (CUP 96-06) ALLOWING THE SALE OF
ALCOHOLIC BEVERAGES AT 12211 LONG BEACH
BOULEVARD, IN THE C-2 (GENERAL
COMMERCIALI ZQNE, 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 Director of Community Development has
' determined that the proposal is categorical exempt from the
provisions of the CEQA Guidelines pursuant to Section 15061b (3)
as amended; therefore
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 proposed use regarding
structures, parking, walls, landscaping, driveways and
other development features required by the Official
Zoning Ordinance.�
H. The proposed use, subject to conditions, wi11 not have
a negative effect on the value of surrounding properties
or interfere with or endanger the public, health, safety
or welfare.
C. The granting of the Conditional Use Permit will not
adversely affected the General Plan.
' Section 2. The Planning Commission of the City of Lynwood,
� based upon the aforementioned finding and determinations, hereby
� approves Conditional Use Permit, Case No. 96-06, provided the
following conditions are observed and complied with at a11 times.
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 the Communi�y
Development Department, Planning Division, for the review.
3. 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.
REDEVELOPMENT DIVISION
4. Limit the area inside the store devoted to alcoholic
beverage display to 35 o•of the total floor area of the
store and cold storage to no more then one third (1/3) of
the cooler shelf space.
- . f\resolution\reso2589 �'- � .�
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5. , A Sign Permit Application requesting signage for the
proposed project must be approved by the Redevelopment
Agency.
_ PLANNING DIVISION
6. If.applicable, construction of any internal improvements
shall commerce within six (6) months from date of issuance
' of.building permits.
7. Subject building shall be accessible to the handicapped.
8. The off-sale liquor establishment shall not sell or store
motor fuels on the same premises as alcoholic beverages.
9. No alcoholic beverages shall be sold after 1:00 a.m. or
before 7:00 am during hours of operation.
10. No alcoholic beverages advertising shall be located on
" windows or the exterior or interior walls on the building.
11. Entity will maintain a pro-active approach to the
elimination of graffiti f'rom the structures, fences and any
accessory building, on a daily basis.
• 12. Replace the existing chain length fence with a six (6') high
'wrought iron fence around the perimeter of the site.
13. Re-stripe the site parking lot.
14_ Owner shall provide a landscape plan for approval by the
Director of Community Development to provide perimeter
landscaping.
15. Landscaping and irrigation shall be installed in accordance
with a detail plan, by a landscaped architect, to be
submitted and approved by the Planning Division prior to the
issuance of any building permit.
DEPARTMENT OF PUBLIC WORKS AND ENGINEERING '
The Department of Public Works and Engineering found no cause to
establish conditions for this application at this time.
FIRE DEPARTMENT
The Fire Department found no cause to establish conditions for
this application.
.
� h:reso2589 � '
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Section 3. A copy of the Resolution No. 2589 and its
conditions shall be delivered to the applicant:
Section 4. Any violation of said conditions in this
resolution may result in revocation or modification of the
Conditional Use Permit by the issuing body at a regularly
scheduled meeting.
APPROVED AND ADOPTED this� _th of 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 Michele Beal Bagneris
Community Development Dept. Deputy City Attorney
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1{_i'Jf�J;`�, �
�� DATE: May 14, 1996 ��� ���• ����� �,
�,
TO: PLANNING COMMZSSION � `
FROM: Ga y Chicots, Director / �
Com unity Development Depa tm nt �
�
SUBJECT: Variance Case No. 96-03 �
Applicants: Ho Seok Lyn an3 Young Ok Lyn
Proqosal: ,
The applicant is requesting a variance to reduce the required .
parking from 39'parking spaces to 19 parking spaces in order to
maintain a commercial/retail property at 11057-67 S. Atlantic '
Avenue in the C-3 (Heavy Commercial) zone.
i
Facts �
l. Source of Authoritv
Wnile Section 25.1.41 of the Lynwocd Municipal Code regulates �
parking in all commercial and industrial zones,,Section 25-
26 requires that a Variance be obtained from the Planning
• Commission when, because of the special circumstances �
applicable to the property, the strict application of the i
Zoning Ordinance deprives such property of privileges enjoyed
by other property in the vicinity and under identical zoning I
classification.
2. Propertv Location and Size
The site is located between Los Flores Boulevard and Elmwood
Avenue. It is rectangular in shape and measured at
approximately 15,000 square feet in size. (Refer to the
attached location map).
3. Existinci Land Use
� The site is developed with a one story commercial buil'ding
with rear parking and is surrounded by the following land
uses:
North - Commercial
South - Commercial
East - Commercial
West - Residential
4. Land Use Description
General Plan Zoning
North - Commercial C-3
South - Commercial , C-3
� East - Commercial C-3
I West - Commercial R-1
5. Proiect Characteristics
I
� The property is currently developed with a one story
� commercial building 8,039 square feet in size. The building
I contains eight (8) store front retail spaces, one of which is
� vacant. The applicant wishes to expand an existing meat
, market and relocate an existing video store into a vacant
�, store space within the development. A 6,961 square foot
� parking area is at the rear of the.building. The proposal
� calls for improving the parking area by including eleven (11)
, standard parking spaces, seven (7) compact spaces, and one
(1) handicap space.
� h:var.var96-03 .
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6. Site Plan Review
At its regular meeting of April 30, 1992, the Site Plan �
Review Committee reviewed and recommended approval of the
variance request.
7. Zonin4 Enforcement Historv � ,
None of record.
8. Neiqhborhood Response � �
None of record at the time of preparation of the staff ,
report.
ANALYSIS AND CONCLUSION
' l. Consistencv with General Plan
The proposed land use is consistent with the existing Zoning
classification C-3 and the General Plan designation of
Commercial.
2. Site Suitabilitv 1,
i
The property is adequate in size to accommodate the existing
building. However, given current development standards
relative to parking, there is an inability to provide the
required parking on the site; therefore, a variance is
required fo'r the project. Another alternative is to find �
off-street parking within a 400 foot radius of the site.
• However, the subject use is surrounded by existing
commercial/retail uses which also contain limited or no
parking areas, and by residential uses to the west.
3. Compatibilitv
The existing use is compatible with other uses on neighboring
properties.
4. Variance Findinqs
Specific Findings:
The property is a developed lot with parking provided
pursuant to earlier parking standards. There is no
possibility of providing additional parking on site or within
a reasonable distance. The proposed project is an expansion
of an existing use into a currently vacant space. This
should cause only,a limited increase in parking demand at the
site. Therefore, granting of this variance would not set a
i precedent in the City'that would eventually result in the
� increased density of this nature.
I
Staff's determination of these findings is to recommend
' approval of the Planning Commission on the variance request.
' 5. Environmental Assessment
' The Community Development Department Staff has determined
that the Variance request is categorically exempt from the
, State of California Environmental Quality Act of 1989 as
amended, pursuant to Section 15061b(3) of the State CEQA
' Guidelines.
' h:\var\var96-03
2
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` RECOMMENDATION
Staff respectfully requests that after consideration the
Planning Commission approve the Variance request:
A. Finding that a hardship has been established that would
require a Variance for Case No. 96-03 as determined by _•
Section 25-26 of the City of Lynwood Zoning Code.
B. Finding that the applicant/property owner will be t
deprived of privileges enjoyed by the owners of other �
properties in the same vicinity if the deci.sion of -
denial is r�endered.
Attachments
, I
1. Location Map,
2. Resolution No. 2590 �
3. Site Plan ;
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` RESOLUTION NO. 2590 �
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING A VARIANCE
(CASE VAR NO. 96-03) TO REDUCE REQUIRED
PARKING FROM THIRTY NINE (39) SPACES TO �
NINETEEN (19) SPACES IN ORDER TO MAINTAIN AN
EXISTING COMMERCIAL BUILDING IN THE C-3 '
(HEAVY COMMERCIAL) ZONE, AT 11053-67 S.
ATLANTIC AVENUE, LYNWOOD CALIFORNIA.
WHEREAS, the Planning Commission of the City of Lynwood,
. pursuant to law, on May 14, 1996 held a public hearing on the
subject application; and �
WHEREAS, the Commission has carefully considered all 1t
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 as a
commercial zone; and
WHEREAS, the Community Development Director has determined ?
that the proposal is exempt from the provisions of the California
Environmental Act pursuant to State CEQA Guidelines Section
15061b(3);
Section 1. The Planning Commission of the City of Lynwood ,
finds and concludes as follows:
A. The�strict or literal interpretation and enforcement of
Section 25-4.12 of the Lynwood Zoning Ordinance would
� resuit in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this '
chapter.
B. There are special circumstances applicable to the
property in that the building/structure is an existing
commercial property originally developed to comply with
prior parking regulations and that it is physically
impossible to meet current parking requirements or
provide additional parking on adjacent sites.
C. The strict or literal interpretation and enforcement of
Section 25-4.12 would deprive the applicant of
privileges enjoyed by the owners of other properties
which have maintained parking on-site.
D., That granting of the variance as conditioned will not
constitute the granting' of a special privilege
I� inconsistent with the limitations on other properties in
the vicinity classified in the same zone.
( E. That the granting of the variance will not be detrimental
! to the public health, safety, or welfare, or materially
j 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 determinations, hereby
, approves Variance Request Case No. 96-03 provided the following
conditions are observed and complied with at all times.
f:\resolutn\reso2590 - �
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COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
1. The proposed development shall comply with all applicable
regulations of the Lynwood Municipal Code, the Uniform
Building Code, and the Fire Code.
2. Any proposed subsequent modification of the subject site or
structures thereon, shall be first reported to the Community
Development Department, Planning Division, for review.
3. The applicant shall meet the requirements of all other City '
� Departments.
4. The applicant or his representative, shall sign a Statement
of Acceptance within fifteen (15) days from the date of
receipt of this Resolution by the Planning Commission.
Signing this statement confirms that applicant or his
representative has read, understands and agrees to the
conditions of this Resolution. ,
REDEVELOPMENT AGENCY
5. Comply with City sign regulations. Contact Staff for �
participation in the Commercial Rehbp program i.e. signage j
_
and facade improvement.
PLANNING DIVISION
6. The parking lot plan shall be implemented as proposed,
including repair of damaged wheel stops, repaving and re- '
stripping the parking area.
7. If applicable, construction of any internal improvements
shall commerce within six (6) months fr.om the date of
issuance of building permits.
S. Entity will maintain a pro-active approach to the,
elimination of graffiti from the structures, fences and any
accessory buildings on a daily basis.
9. A cover sheet of approved conditions must be attached to
plans prior to submission to the Building and Safety
Division.
PUBLIC WORKS/ENGINEERING CONDITIONS
10. Provide documentation that lots composing the property were
legally tied together to the satisfaction of the Department
of Public Works. After reviewing the documents, the
I { Department of Public Works may require the submission and
� recordation of a parcel map or lot merger.
i
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�' 11. Underground all utilities.
I
, 12. Underground existing utilities if any modifications are
� proposed for the electrical service panel.
1 ' 13. A permit from the Engineering Division is required for a11
, off-site'improvements. ,
�
, 14. All required water meters, meter service changes and/or fire
protection lines shall be installed by the developer. The
work shall be performed by a licensed contractor hired by
the developer. The contractor must obtain a permit from the
', Public Works/Engineering Division prior to performing any
, • work.
, FIRE DEPARTMENT
r
� The Fire Department has found no cause to establish conditions
for this application at this time.
2
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Section 3. A copy of Resolution No. 2590 shall be
delivered to the app�icant.
APPROVED AND ADOPTED this 14th day of May 1996, by
members of Planning Commission voting as follows: �i
AYES: �
NOES: I I
ABSENT:
ABSTAIN:' t
Carlton McMiller, Chairperson
I
APPROVED AS TO CONTENT: APPROVED AS TO FORM: �i
Gary Chicots, Director Michelle Beal Bagneris 11
Community Development Department Deputy City Attorney j
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Date: May 14, 199b
T0: Planning Commission
FROM,: Gary Chicots, Director ��
Community Development Departm n
SUBJECT: TENTATIVE MAP CASE N0. TM 95-06R
Applicant: Wibur Owens
, . �
PROPOSAL:
The applicant is requesting modification of two Conditions of
_ Approval for Tentative Map No. 52143 (Case No. TM 95-06), approved .
by the Planning Commission on February 13, 1996. The Tentative Map
� created 6 lots to accommodate a proposed six unit single family
residential development at the intersection of Weber Ave. and
Santa Fe Ave., in the R-1 (Single Family Residential) zone.
FACTS
l. Previous Action
The Planning Commission approved TM 95-06 on February 13,
1996. At that time, the applicant mentioned his concerns with
several of the Conditions of Approval and indicated his intent
' to discuss these conditions further with City departments.
�
2. Project Descriotion
The property is located at the northeast corner of Weber Ave.
and.Santa Fe. Ave., and is approximately 30,032 square feet in
size. (See Attached Location Map). The parcel currently is,
vacant:
The applicant intends to construct six single family homes on
the lots.
ANALYSIS AND CONCLUSION
The design of the proposed subdivision is in character with
existing Single Family Residential development in the area, meets
Ordinance requirements and is consistent with the Housing Element,
and the Land Use goals and policies of the General Plan.
The applicant's main items of concern were the wording of one
condition relating to the provision of a water system and also the
' number of marbelite street lights that were being required.
Condition 13 currently reads:
"The developer shall construct a water system including water
services, fire hydrants and appurtenances through the development
as required by the Director of Public Works/City Engineer. The
, Developer shall submit a water system plan to the City of Lynwood
Fire Department for fire hydrant locations. The City will install
, water meters only. Payment for said meters shall be made to the
City prior to the issuance of building permits. The Developer shall .
, install on site water facilities, including stubs for water meters
and fire:hydrants in interior.and on boundary arterial streets.
, -All conditions of the'Lynwood Fire Department must_be met prior to
recordation."
After discussion with the developer, staff agreed to modify this
standard condition to clarify what was being required for this
specific development. The proposed revised wording is:
�
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"13. Water Svstems
The Developer shall install water service for water meters to
serve each lot. The City will install water meters only. The
Developer will pay City for said meters prior to the issuance '
of building permits.
All conditions of the Lynwood Fire Department must be met
prior to recordation."
' The City has'also agreed to modifp Condition 17 g., to require the
installation of 4 marbelite street ligh'ts rather than 6.
Environmental Assessaient
The Community Development Department has determined that no
significant environmental impact will result from the proposed
modifications, and that the previously approved Negative
Declaration does not need to be modified.
RECOMMENDATION:
Staff respectfully requests that, after consideration, the Planning
Commission determine that the proposed modifications to Conditions
of Approval'for TM 95-06'are minor revisions and modifications and
do not require an additional public hearing, and adopt Resolution
No. 2592;
l. Certifying that the project will not have a significant
effect on the environment,
2. Approving Conditions of Approval for TM 95-06 including
revised Conditions 13 and 17g.
Attachments:
L Location Map `
2. Resolution No. 2592 .
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RESOLUTION NO: 2592
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
pursuant 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 (T.wo-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 Cbde.
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 subdivis'ion 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 .
Lynwood 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.
f:\reso\reso2592 � �� �
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PLP.NNING DIVISION
3. Within twenty-four (24) months a•fter approval or
conditional approval of Tract Map, the subdivider ehall
_ file with the City of Lynwood, a Final Map in •-
substantial compliance with the tentative tract map as
conditionally,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 8ubdivision
- 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, y
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 shail,be cleaned and maintained in
sanitary condition pending construction of the proposed
_ development, and shall be maintained in a neat and
, orderly manner�at all times.
' DEPARTMENT OF PUBLIC WORKS/ENGINEERING -
8.. " Al1 coriditions 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,�
Water Standards, and Planting Standards of the Department of
�. Parks and Recreation.
' The 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 pay all applicable development fees
_ including drainage, sewer, water and parkway trees prior to�
issuance of any building permits.
Pay Tract'Map checking fees prior ta checking.
- Pay $100 monument checking fee prior to recordation.
• Deposit $50 wit City Engineer to guarantee receipt by City
of recorded, reproducible mylar, tract mag prior to
� " recordation.
All special assessments and utiTities or sewer connection
fees are to be paid prior to recording the Final Map. All
' requirements to the serving utilities to be met or
, guaranteed prior to recording•of the Final Map.
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11. Gradina and Drainaae
, 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
of all contiguous properties and streets and shall provide
� for the methods of drainage in accordance with all
applicable City standards. Retainin_q walls and other-
protective measures may be required. Offside drainage
easements may be necessary. The struetural section of all
parking areas shall be designed by a Civil Engineer based
upon 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
Registered"Soils Engineer.
12. ` Sewers
, The development shall be provided with.public sewers.
' Connect to_public sewer. Provide laterals as necessary.
Design o£ all sanitary sewers shall be approved by the „
Director of Public Works/City Engineer.
13. Water Svstems
The Developer shall install water service for water meters
to serve each lot. The City will install water meters only.
The Developer will pay City for said meters prior to the
issuance of building permits.
All conditions of the Lynwood Fire Department must be met
prior to recordation. `
14. Public Easements and Riaht-of Way
Where drainage, sewer and other such easements are required,
the minimum easement width shall be ten {10) feet to
facilitate maintenance unless otherwise approved by the '
Director of Public Works/City Engineer.
Dedicat'e sufficient property at northwest corner of Santa Fe
Avenue and Weber Avenue to accommodate corner cut-off.
15. Sidewalks
Design, configuration and locations sha11 be subject to the
•approval of the Director of Public Works/City Engineer, and
the Director of Community Development. Ramps for physically
haridicapped persons shall be provided both on-site and off-
16. Dust Control & Pedestrian Safetv '
Prior 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:
required by the Director of Public Works/City Engineer prior
to issuance of any occupancy permits for this development.
3
�a
' 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.
� d. 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.
f. Construct two (2) wheelchair ramps. (LOCations to be
determined by Public Works City's Inspector.)
g. Install four (4) marbelite street lights per city
standards with underground services and.conduits.
h. Plant thirteen (13) street trees (24" box). Location
to be determined by Public Works City's Inspector.
i. Pay the city for preparing the street improvement plan,
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 a11 of the proposed
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.
k. Developer must comply with NPDES City's Ordinance ie.
preventive measures to capture/contain run-off or
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.
1. Provide for utilities, ie. gas, telephone, cable,
electricity, etc. Comply with utility CO'S
! requirements easements, etc.
1
� m. 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.
i
, n. The contractor must obtain a permit from the Public
, Works/Engineering Division prior to performing any
off-site improvement works.
o. Regrade parkway and landscape with grass along the
� perimeter 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 for by
, the developer. If improvements are to be guaranteed, a
, faithful 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
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� Director of'Public Works/City Engineer before commencing any
improvements, a sum estimated by the Director of Public
Works/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 14th day of May, 1996, by
members of th2 Planning Commission voting as follows:'
AYES:
NOES:
ABSENT:
ABSTAIN:
Carlton McMiller, Chairman
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Gary Chicots, Director Michelle Beal Bagneris
Community Development Department City'Attorney
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��,��f��'�rn ITEM NU.
DATE: May 14, 1996 L'��} �ly��
TO: PLANNING COMMISSION
FROM: Gary Chicots, Director '
Community Development.Department
BY: Robert Diplock, Planning Manager
SUBJECT: Report on Issues/ACtions of Concern to the Planning
Commission
As requested by the Planning Commission, listed below is a status
report on several issues that have been raised by the Commission
over the past few meeting.
1. Auto Repair Facility - 3800 Martin Luther King Jr. Blvd.
In 1994, this site was issued a business license for a Mobil Gas
Station and Snack Bar. The business license was renewed as a Mobil
Station and snack bar on 2/09/95. On 4/04/95, owner requested a
revised business license to specify use as "General Auto Mechanic
and Snack Bar". This was a permitted use in the zone provided that
they obtain a conditional use permit. However, staff did not
require a conditional use permit from the applicant. I assume this
was because staff didn't realize that this was a change of use. The
business license was approved on 5/OS/95 (the automotive moratorium
did not go into effect until July 5, 1996).
On 10/02/95, staff received a letter from a representative of the
owner saying that the auto repair facilit,y had been closed as of
July 23, 1995 and asked for any refunds. A letter was sent saying
that no refunds could be made.
A week or so before 3/30/96, the current lessee came in to ask
about reopening the auto repair business. Planning staff indicated
that, since the business had been closed for over 90 days, this
would be considered a new use, that auto repair was no longer a
permitted use in that zone, there was a moratorium in effect, and
that the use could not be approved.
The applicant appealed that decision to the City Manager who ruled
that, since the 1995 business license was valid until 1/O1/96, that �
the business had not been inoperative for 90 days and that this
application could be considered a change of ownership (I believe
the applicant claimed to be a relative of the previous lessee and
was merely reopening the business).
The Business License representative was directed to issue the
� business license, which she did.
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I 2. Restaurant at 3840 Martin Luther King Blvd. (E1 Cameron, Casa
I Montenegro, Iguana, Mana)
� In 1993 the restaurant portion of this building was licensed as E1
Cameron restaurant, operating with an on sale beer and wine
I license. It closed on 12/28/1993. It was reissued a business
license as Casa Montinegro, also with on sale beer and wine on
3/29/94 (considered a"change of ownership"). This business closed
� on.10/O1/94.
j The next lessee (Gutierrez/Iguana) applied on e/24/95 for a :
; restaurant with beer and wine. When told he would have to apply
for a Conditional Use Permit for on sale beer and wine (new
, business - inoperative for at least 90 days), he reapplied for a
� restaurant only. He was required to go through staff Site Plan
� review, since it was a new business, but a permitted use in the
� zone. He was approved, with conditions, for a restaurant only, on
� 9/27/95. He was warned or cited for outside cooking on two
; occasions. He closed his business on 12/04/95.
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Current lessee (Presiado/Mana) applied for change of ownership/
business license for a restaurant only on 3/6/96. He was approved. ,
Lessee is now applying for CUP for on site beer and wine.
3. Sergio Lopez Greenwaste recycling proposal/citizen complaints,
11655 Louise Avenue
This property was declared a nuisance at the May 07, 1996 Council
meeting. He directed to comply immediately, before legal action !
will be taken. Lessee has been removing the concrete debris and ',
other trash over the last few weeks. He claims that all will be �
removed, including wrecked truck by 5/14. Director and Planning
Manager to inspect that date. As of Monday, 5/13/96, the site ',
appears to be clear of most of the concrete and other debris.
4. Curb cut at intersection of Fernwood and Bullis. I �
Public Works granted property owner's request for one month time
extension to complete reconstruction of drive approach at 11590 �
Bullis Rd. until March 2, 1996. Work has not been completed but no �
further action has been taken.
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