HomeMy Public PortalAbout09-10-96 PLANNING COMMISSION �v.�
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AGENDA
, LYNWOOD CITY PLANNING COMMZSSION
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REGULAR MEETING - 7:30 P.M. �
' City Hall Council Chambers R C EIV
11330 Bullis Road, Lynwood, CA CITY OFLYNWOOD
CITY CLERKS OFFICE
September 10, i996 SEP 0 51996
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Carlton McMiller ���1��� t�� �'� `-�
Chairperson
Errick Lee Donald Dove
Vice Chairman Commissioner
Eloise Evans Richard Kuan
Commissioner
Jamal Muhsin Jamina Barnes
Commissioner --- -�;,,
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••'— C O M M I S S I 0 N C 0 U N S E L• '
Michele Beal Bagneris
Deputy City Attorney
STAFF:
Gary Chicots, Director Robert Diplock
Community Development Department Planning Manager
Louis E. Morales, Jr. Art Barfield
Associate Planner Associate Planner
Paul Nguyen
Civil Engineer Assoc.
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• September 10, 1996
OPENING CEREMONIES
1. Call meeting to order.
2. Flag salute.
3. Roll call of Commissioners.
4. Certification of Agenda Posting.
CONTINUED PUBLIC HEARINGS
1. ZONE CHANGE CASE N0. ZC 96-02/ZONING ORDINANCE AMENDMENT CASE
NO. ZOA 96-OS
Applicant: Sal Preciado
PROPOSAL:
Mr. Sal Preciado, as an agent for the property owner, has
filed an application to change the zoning on property at 3840
Martin Luther King Jr. Boulevard, approximately 33,270 sq. ft.
of land (Assessor's Parcels 6187-001-01), from C-2 (Light
Commercial) to C-3 (Heavy Commercial) in order to permit the
use of an existing building for dances, public assembly, music
and entertainment. As an alternative to this zone change,
City staff is suggesting a change to the text of the Zoning
Ordinance that would permit this type of use in the C-2 zone
under certain limited conditions.
RECOMMENDATION:
Staff respectfully requests that, after consideration, the
Planning Commission continue Zone Change ZC 96-02 and Zoning
Ordinance Amendment ZOA 96-OS as requested by the applicant.
The City Attorney advises that these cases should be continued
to a date certain. An appropriate date would be the
Commission's regularly scheduled November meeting. That date
is November 12, 1996.
2. CONDITIONAL USE PERMIT CASE NO. CUP 96-08
Applicant: Sal Preciado
I PROPOSAL:
i The applicant is requesting a Conditional Use Permit to a11ow
� the development of an entertainment center with live bands and
� dancing at 3840 Martin Luther King Jr. Boulevard in the C-2
� (Light Commercial) zone. The center would provide live music
� dancing, closed circuit TV events and would be available for
� rental for parties, dances and reunions. The applicant also
� wishes to serve beer and wine in the entertainment area.
� Approval of this project as proposed would require an
� amendment to the Zoning Ordinance (ZC 96-02) and revision to
' the existing CUP (CUP 96-OS) to allow beer and wine to be sold
; throughout the building.
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This hearing was continued from the Commission's August 13,
1996 meeting at the request of the applicant.
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RECOMMENDATION:
' Staff respectfully requests that, after consideration, the
, Planning Commission continue Conditional Use Permit CUP 96-OS
as requested by the applicant.
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The City Attorney advises that this case should be continued
to a date certain. An appropriate date would be the
Commission's.regularly scheduled November meeting. That date
is November 12, 1996. `
3. MODIFICATION OF CONDITIONAL USE PERMIT NO CUP 96-05
Applicant: Sal Preciado
PROPOSAL -
The applicant is requesting a modification of Conditional Use
Permit Cup 96-OS to permit_ the sale of beer and wine in a
proposed nightclub/entertainment facility at 3840 Martin
Luther King Jr. Boulevard in the C-2 (Light Commercial) zone.
RECOMMENDATION
Staff respectfully requests that, after consideration, the
Planning Commission continue the hearing on proposed
modifications of CUP 96-OS as requested by the applicant.
The City Attorney advises that this case should be continued '
to 'a date certain. An appropriate date would be the
Commission's regularly scheduled November meeting. That date
is November 12, 1996.
4. CONDITIONAL USE PERMIT CASE NO. 96-10
VARIANCE CASE NO. VAR 96-06
Applicant: Jose & Alicia Rivera
PROPOSAL
The applicant is requesting approval of Conditional Use Permit
Case No. CUP 96-10 and Variance Case No. VAR 96-06 in order to
legalize an existing 620.17 square foot dwelling unit, plus
approval. of a Variance for the reduction of the side yard
setback from 5 feet to 2 feet and a reduction of the required
distance between main buildings from 10 feet to 7.5 feet and
' 6 feet. In addition, the applicant is proposing to construct
a new four car garage.
RECOMMENDATION
Staff respectfully requests that, after consideration, the
Planning Commission adopt the attached Resolution No. 2598:
l. Certifying that the project is Categorically Exempt from
the provisions of the California Environmental Quality
Act pursuant to State CEQA Guidelines, Section 15061b(3).
2. Approving Conditional Use Permit, Case No. CUP 96-10
I subject to the stated conditions and requirements.
' 3. Deny Variance request No. VAR 96-06.
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i NEW PUBLIC HEARINGS:
, 5. CONDITIONAL USE PERMIT CASE NO. CUP 96-13
Applicant: Jose Cardenas
I ' PROPOSAL
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The applicant is requesting approval of a Conditional Use
� Permit, CUP 96-13, to construct a single family dwelling and
� two car garage on a lot containing an existing single family
1 dwelling and 2 car garage at 11045 Carson Drive in the R-3
'� (Multiple Family) residential zone.
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, RECOMMENDATION
Staff respectfully requests that, after consideration, the
Planning Commission adopt the attached Resolution No. 2604:
1. Certifying that the project is Categorically Exempt from
the provisions of the California Environmental Quality
Act pursuant to State CEQA Guidelines, Section 15061b(3).
2. Approving Conditiona3 Use Permit, Case No. CUP 96-13
subject to the stated conditions and requirements.
6. VARIANCE CASE NO. VAR 96-09
Applicant: Tacos Mexico
PROPOSAL
Applicant is requesting approval of a variance from provisions
of the Sign Ordinance in order to retain an existYng pole sign
and cabinet box sign as part of a remodel of an existing
restaurant at 11800 Atlantic Avenue in the CB-1 (Controlled
Business) zone.
RECOMMENDATION
Staff respectfully requests that, after consideration, the
Planning Commission deny Variance VAR 96-09, in conformance
with the action taken by the Lynwood Redevelopment Agency at
their regular meeting on September 03, 1996.
7. ZONING ORDINANCE AMENDMENT ZOA 96-04
Applicant: City of Lynwood
pROPOSAL:
The City of Lynwood is proposing to amend the City Zoning
Ordinance by adding Section 25-18.26 to specify design
standards and requirements for creating ��flag" or ��panhandle"
lots.
RECOMMENDATION
Staff respectfully requests that, after consideration, the
Planning Commission adopt Resolution 2591:
1. Certifying that the proposed ordinance amendment will not
� have a significant effect on the environment and that a
I Negative Declaration has been prepared pursuant to the
California Environmental Quality Act.
i 2. Approving Zoning Ordinance Amendment No.96-04 with any
i changes as may be recommended by the Commission and
recommending adoption of Zoning Ordinance Amendment
I 96-04 by the City Council.
! REGULAR ORDER OF BUSINESS
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1 8. REQUEST FOR EXEMPTION FROM ZONING ORDINANCE PROVISIONS RE:
i FENCES IN FRONT YARDS OF R-1 ZONED PROPERTY
' Applicant: Ms. Esther Irby
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� Ms. Esther Irby has requested an exemption from Zoning
i Ordinance provision in order to construct a 4 ft. high fence
I and gate in the front yard at 5422 Pelleur Street in the R-1
� (Single Family) Residential Zone.
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RECOMMENDATION:
Staff respectfully requests that, after review, the Commission
reject this request.
9. REVIEW OF POTENTIAL GENERAL PLAN AMENDMENT - SOUTH SIDE OF
MARTIN LUTHER KING JR. BOULEVARD NEAR HARRIS
A property owner wishes to create a second unit on a lot on
the south side of Martin Luther King Jr. Boulevard near Harris
Avenue. The property currently is zoned R-3, with R-3 and R-2
zoning adjacent to it. However, there are a number of single
family homes in the area and the General Plan designates the
area on the south side of Martin Luther King as Single Family.
Staff wishes to review existing development and the General
Plan in this area with the Commission to receive direction on
possible action.
PUBLIC ORALS
COMMISSION ORALS
STAFF ORALS
ADJOURNMENT
Adjourn to the regular meeting of the Planning Commission on
October O8, 1996 at 7:30 p.m., in the City Hall Council Chambers,
11330 Bullis Road, Lynwood, California.
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. DATE: September 10, 1996 ��� I �`��� ��v
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TO: PLANNING COMMISSION
FROM: Gary Chicots, Director �_ � � / �
Community Development Department V V
SUBJECT: Zone Change ZC 96-02/Zoning Ordinance Amendment ZOA 96-OS
Applicant: Sal Preciado/City of Lynwood
PROPOSAL
Mr. Sal Preciado, as an agent for the property owner, has filed an
application to change the zoning on property at 3840 Martin Luther
King Jr. Boulevard, approximately 33,270 sq.ft. of land (Assessor's
Parcels 6187-001-01), from C-2 (Light Commercial) to C-3 (Heavy
Commercial) in order to permit the use of an existing building for
dances, public assembly, music shows and entertainment. As an
alternative to this zone change, City staff is suggesting a change
to the text of the Zoning Ordinance that would permit this type of
use in the C-2 zone under certain limited conditions.
DISCUSSION
One of the uses being proposed for this development is a dance
hall, with live music and where admission will be charged. This
use is permitted only in the C-3, Heavy Commercial zone with a
Conditional Use permit. In order to approve this use, either a
rezone or a modification to the Zoning Ordinance is required.
Originally, staff suggested a rezone to .C-3 or PCD (Planned
Commercial Development). This is a large piece of property on a
major arterial that might qualify for a more intense use. However,
the site is not big enough for a PCD designation (5 acres) and C-3
zoning would permit very heavy commercial use if the proposed use
were to go out of business or the existing building was abandoned -
things like auto repair facilities, equipment rental yards, dog
kennels, feed and fuel yards, etc.
Theaters and concert halls are permitted in the C-2 zone with a
Conditional Use Permit and this type of use is also being proposed
as part of the entertainment center. Public dances in the proposed
entertainment center. are similar enough to a concert hall or
theater that it could be included as a conditionally permitted use
under limited circumstances and with proper regulations.
If the Commission chooses to approve this proposal, then staff
recommends amending the C-2 Light Commercial Zone text to add a
section for those uses requiring a Conditional Use Permit - concert
halls, theaters and entertainment centers.
I 25-7 b. The followina uses also are permitted provided that a
� Conditional Use Permit has been granted bv the PlanninQ
� Commission:
� 1_ Concert halls, auditoriums, theaters (includina live
I stage and motion picture)
' 2. Entertainment Centers - includina niahtclubs dance
i halls, rental halls for dances reunions parties
, and similar activities, where such centers are
� located in structures with a minimum of 7 500 sa.
ft. of floor area. on a maior arterial street and
� meetincr oarkinQ recruirements for dance halls and
other oublic assembly uses.
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If the above two sections are added, the following should be
deleted (it is in the wrong place anyway).
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As an alternaCive, the Commission.may consider a change of zoning
for parcels 6187-001-01,OS,and 10 from C-2 to C-3. Both options
have been advertised.
RECOMMENDATION:
Staff respectfully requests that, after consideration, the
Commission continue Zone Change ZC 96-02 and Zoning Ordinance
' Amendment ZOA 96-OS as requested by the applicant.
The City Attorney advises that these cases should be continued to
a date certain. An appropriate date would be the Commission's
, regularly scheduled November meeting. That date is November 12,
1996.
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8I2B/96
TO : PLANING COMMISION
FROM : SAL PRECIADO
RE : INDEFENIT CONTINUENCE FOR PLANING COMMISION MEETING
I SAL PRECIADO HEREBY TO CON'fINUE PLANING CAMMISION MEETING UNT�I�
NECESSARY TIME IS NEEDED 70 ARRENGE JOINT VENTURE PROPOSAL WfTH THE C(TY
OF LYNWOOD AT 3840 MARTIN LUTHER KING LYNWOOD CA 902@Z OLD BOWLING
AU.EY NOW MANA'S RESfAURANT /CHAVA'S EIYTERTAINMENT 310 869 3028
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• DATE: September 10, 1996 ��.. T���� r��.�
. TO: PLANNING COMMISSION `��� •��
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FROM: Gary Chicots, Directo
Community Development partment
SUBJECT: Conditional Use Permit Case No. 96-OS
Applicant: Sal Preciado
Proposal
The applicant is requesting a Conditional Use Permit to allow the
development of an entertainment center with live bands and
dancing at 3840 Martin Luther Kirig Jr. Boulevard in the C-2
(Light Commercial) zone. The_center would provide live music
dancing, closed circuit TV events and would be available for
rental for parties, dances and reunions. The applicant also
wishes to serve beer and wine in the entertainment area.
Approval of this project as proposed would require an amendment
to the Zoning Ordinance (ZC 96-02) and revision to the existing
CUP (CUP 96-05) to allow beer and wine to be sold throughout the
building.
This hearing was continued from the Commission's July 09, 1996
meeting at the request of the Lynwood Redevelopment Agency.
l. Pro�ect Characteristics
The applicant proposes to develop an entertainment center
that would include a stage area, music shows (live and via
direct TV), dances and closed circuit TV shows. When not
scheduled for regular events, the hall would be available
for rent for private dances, parties and reunions, school
sports, folklorico dances and special meetings. In
addition, the applicant proposes to sell beer and wine in
the entertainment area. The current application shows that
parking will be provided for 172 cars.
2. Source of Authoritv
Section 25-8.8 a of the Zoning Ordinance requires approval
of a Conditional Use Permit to allow a dance hall or concert
hall in the C-2 zone.
3. Propertv Location
The subject property is located at the intersection of
Martin Luther King Jr. Boulevard and Ernestine Avenue,
southwest corner.
4. Propertv Size
The subject site is rectangular in shape, and approximately
125000 square feet in size.
5. Existina Land Use
The site contains a restaurant and lounge, approximately
6800 square feet, in a 33,000 square foot building. The site
� also contains a parking area on its west and south sides.
� The surrounding land uses are as follows:
j North - Commercial/Retail East - Residential
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i South - Public Parking Area West - Parking,
Commercial/Auto Use
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6. Land Use DescriPtion
The General Plan designation for the subject property is
Commercial, and the zoning classification is C-2 (Light
Commercial). The surrounding General Plan and Zoning are:
General Plan Zoning
North - Commercial� - North - C-2
South - Public Facility South - P-1
East - Single Family Residential East - R-1
West - Commercial West - C-2
7. Lvnwood Redevelo�ment Aaencv
The subject project is located in the City's Redevelopment
Project (Project Area "A") and has been reviewed by the
Lynwood Redevelopment Agency. At its meeting on July 09,
1996, the Agency referred the project to Staff to review
with the applicant and neighbors. At the meeting on August
06, 1996 the Agency recommended that the project be
transmitted to the Planning Commission for processing.
On July 02, 1996, staff presented the above proposal to the
Agency for review and possible concept approval. At that
meeting, several neighbors raised a number of concerns with
the project including traffic, parking, noise and dangerous
or anti social behavior by the customers. The Agency
directed staff to set up a meeting with the applicant and
neighbors to see if a project could be designed that would
be acceptable to both.
Two meetings were held on July 24, 1996 and a third meeting
on July 31, 1996. The first meeting was attended by 6
people, the second by 7 and the third by approximately 34
people.
Result of Meeting with Neiahbors
At the first meeting, one neighbor supported the proposal
and three others expressed limited concerns. At the second
meeting, very strong objections were expressed by four
neighbors and by two other interested parties. Primary
concerns were parking, noise late at night, traffic and
possible criminal behavior of people attending events. One
person compared this proposal to El Fallerone in the Lynwood
Plaza, and stated that criminal activity, particularly
burglary, had increased significantly since this facility'
began operating.
At the third meeting, people a�peared to be almost evenly
divided between those in favor and those opposed. Those
, opposed again raised the issues cf parking, noise.at night;
' and possible criminal activity. One person stated that
I neighboring property values would go down if this project
was approved. In addition, one neighbor was opposed to the
� suggestion of closing off alley access to Ernestine Avenue
i as causing inconvenience to the residents.
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� Those in favor stated that would be tax benefits to the City
� from the project, that the project would stimulate
; additional economic activity, that it would provide jobs and
�, activity for young people on weekends, and that the
� applicant should be given a chance to make a profit. Two
i people suggested that the application be approved for 6
� months and then extended if there were no serious problems.
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ANALYSIS AND CONCLUSION
1. Consistencv with General Plan and Zonina
The proposed land use is consistent with the General Plan
designation of Commercial, therefore, granting the
Conditional Use Permit will not adversely affect the General
Plan. However, the proposal would not be consistent with
Zoning unless Zone Change ZC 96-02 is approved.
2. Site Suitabilitv -
The property is adequate in size and shape to accommodate
the proposed development relative to structures, - parking,
walls, fences, landscaping, driveways and other development
features required by the Zoning Ordinance.
The site has good access. Martin Luther King Jr. Boulevard
is a major arterial and can carry the quantity of traffic
the proposed development would generate. The current
ADT along this arterial is 14,890 vehicles per day.
Approval of this proposal will not exceed the maximum ADT.
The side street, Ernestine 'Avenue, is classified as a local
street whose primary function is to provide direct access to
abutting properties. The proposed project could generate
additional traffic on Ernestine Avenue by patrons looking
for parking spaces.
3. Alternatives to the ProDOSed Use
Staff suggested the possibility of lower impact uses that
could be phased over time, such as young peoples concert
hall without dancing or beer and wine, and the Discovery
Zone restaurant/arcade. This would allow the applicant to
test out possible uses and demonstrate to the City and the
neighbors that the uses could be operated in a safe and
responsible manner. (See attachment B)
4. Possible MitiQatina Measures
In response to questions and concerns voiced at the meeting
with neighbors, the applicant indicated that he would:
1. close off the alley access to Ernestine Avenue to
reduce possible traffic and parking impacts.
2. provide one security person per 100 persons at each
event.
3. station security people in the parking lot, at the
doors and on Ernestine Avenue to provide crowd control
and security.
4. soundproof all exit doors.
The applicant also indicated that he would consider
providing a Discovery Zone type use.
In order to limit problems of overflow parking, Staff has
recommended limiting the area available for concerts and
other assembly to match the amount parking available. Under
the current parking plan, this means that about 2/3 of the
main assembly area could be used for dances or concerts
(about 7,000 sq. ft.).
5. Conditions of Aoproval
� The improvements as proposed, subject to the conditions
� recommended by the Community Development Department, will
� not have a negative effect on the values of the surrounding
properties or interfere with or endanger the public health,
safety or welfare.
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6. Benefits to Communitv
The proposal will facilitate upgrading the commercial use of
the property and support the commercial designation of the
General Plan. However, unless carefully controlled, the
proposed use could have severe impacts on the neighboring
residential areas.
7. Environmental Assessment
The Community Development Department has determined that the
project would not have a significant effect on the
environment. Therefore, a Negative Declaration has been
prepared and is on file in the Community Development
Department office and in the office of the City Clerk.
RECOMMENDATION
Staff respectfully requests that after consideration the Planning
Commission continue Conditional Use Permit No. 96-08 as requested
by the applicant.
The City Attorney advises that this case should be continued to a
date certain. An appropriate date would be the Commission's
regularly scheduled November meeting, November 12, 1996.
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TO : PLANING COMMISION
FROM : SAL PRECIADO
RE : INDEFENIT CONTINUENCE FOR PLANING COMMISION MEETING
I SAL PRECIADO HEREBY TO CANTINUE PI.ANING COMMISION MEETING UNT�I�
NECESSARY TIME IS NEEDED 70 ARRENGE JOINT VENTURE PROPOSAL WRH THE CfTY
OF LYNWOOD AT 3840 MARTIN LUTHER KlNG LYNWOOD CA 90262 OLD BOWLING
ALLE`( NOW MANA'S RESTAURANT lCHAVA'S Et�fTERTAINMENT 310 869 3028
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DATE: September 10, 1996 ��J� ��"• +r'---=��� — �
T0: PLANNING COMMISSION (��
FROM: Gary Chicots, Director
Community Development Department
SUBJECT: Modification of Conditional Use Permit No. CUP 96-05
Applicant: Sal Preciado
Proposal:
The applicant is requesting a modification of Conditional Use
Permit CUP 96-05 to permit the sale of beer and wine in a proposed
nightclub/entertainment facility at 3840 Martin Luther King, Jr.
Boulevard in the C-2 (Light Commercial) zone.
Discussion:
On May 14, 1996 the Planning Commission approved Conditional Use
Permit CUP 96-05 to permit the sale of beer and wine in a
restaurant at 3840 Martin Luther King, Jr. Boulevard. The sale of
beer and wine was restricted to the restaurant and lounge area only
and also was required to be sold only in conjunction with a food
order.
The lessee and operator of the restaurant now wishes to expand
operations to include an entertainment center which would occupy a
large area to the rear of the existing restaurant. The applicant
wishes to extend the sale of beer and wine to the entertainment
area during the hours of operation.
If the Commission approves the establishment of the entertainment
center under CUP 96-08, it may also wish to consider permitting the
sale of beer and wine in the entertainment center also. The
following conditions of CUP 96-OS would have to be modified as
shown.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LYNWOOD APPROVING CONDITIONAL
USE PERMIT NO. 96-OSR ALLOWING THE SALE
OF BEER AND WINE IN A RESTAURANT AND ENTERTAINMENT
CENTER AT 3840 MARTIN LUTHER KING JR. BOULEVARD
IN THE C-2 (LIGHT COMMERCIAL) ZONE,
LYNV700D, CALIFORNIA
21. Beer and wine m� be sold and consumed in the restaurant,
lounge area and the entertainment area.
23. Provide a minimum of 172 parking spaces as shown on approved
plans.
All the rest of the conditions would still apply and be
supplemented by the Conditions of Approval in CUP 96-OS if
approved.
Environmental Assessment
The Director of Community Development has determined that the
proposed change is categorically exempt from the provisions of the
, California Environmental Quality Act.
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RECOMMENDATION:
Staff respectfully requests that, after consideration, the Planning
Commission continue the hearing on proposed modifications of CUP
96-OS as requested by the applicant. �
The City Attorney advises that this case should be continued to a
date certain. An appropriate date would be the Commission's
regularly scheduled November meeting. That date is November 12,.
1996.
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8128/96
TO : PIANiNG COMMISION -
FROM : SAL PRECIADO
RE : INDEFENIT CONTINUENCE FOR PLANING COMMtSION MEETING
I SAL PRECIADO HEREBY TO CA�RINUE PLANING CAMM(SION MEETING UNT4L
NECESSARY TIME IS NEEDED?O ARRENGE JOINT VENTURE PROPOSAL WRN THE CffY
OF LYNWOOD AT 3840 MARTIN LUTHER KING LYNWOOD CA 902@Z OLD BOWLING
AI.LEY NOW MANA'S RESTAURANT /CHAVA'S EtJTERTAINMENT 310 869 3028
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� DATE: September 10, 1996 R(��t��`�� �+ C�i� rVo. �
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, TO: PLANNING COMMISSION "
FROM: Gary Chicots, Directo
' �L i�;0. ���
Community Development partment
SUBJECT: Variance Case No. VAR 96-06
Applicant: Jose and Alicia Rivera
Pr000sal:
The applicant is requesting approval of a Variance to reduce the
required minimum size of a two bedroom unit from 750 square feet
to 620 square feet, and the required side yard setback from
five (5') feet to two and one half (2 1/2'), in order to
legalize an existing second unit and build a four (4) car garage
at 11237 wright Road, in the R-3 (Multi-Family Residential)
zone, Lynwood, California.
Facts
l. Source of Authoritv.
While Section 25-4.5 of the Lynwood Municipal Code regulates
development standards in all residential 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
Zoning Ordinance deprives such property of privileges enjoyed
by other property in the vicinity and under identical zoning
classification.
2. Prooertv Location and Size
The site is located on the west side of Wright Road between
Beechwood Avenue and Martin Luther King Boulevard. It is
rectangular and measures approximately 12,030 square feet
in size.
3. Existina Land Use
The site is developed with a one (1) story single family
dwelling and a second one bedroom unit and is surrounded by
the following land uses:
North - Multiple Family Residential
South - Multiple Family Residential
East - Industrial/Commercial
West - Multiple Family Residential
4. Land Use Describtion
General Plan Zoning
North - Multi- Family Residential R-3
South - Multi- Family Residential R-3
East - Industrial. M
West - Multi- Family Residential R-3
5. Project Characteristics
The subject property, developed with a one (1) story dwelling
is planned to allow legalizing an existing detached second
unit and a new attached four (4) car garage. The second unit
contains two (2) bedrooms, a kitchen and dining room, a
living room, and a half bath. Thirty nine percent (390) of
the project lot is planned for landscaping.
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6. Site Plan Review
At its regular meeting of August 27, 1996, the Site Plan
Review Committee reviewed and recommended denial of the
variance request. The illegal unit is located on a flood
plain. New residential development cannot be approved in such
locations without complying with flood plain regulations.
7. Zonina Enforcement Historv
This property has been sited for an illegal garage
conversation and construction without proper permits and
approvals.
8. Neiahborhood Resoonse
None of record at the time of preparation of the staff
report.
ANALYSIS AND CONCLUSION
l. Consistencv with General Plan and Zonina Reaulations
The proposed land use is consistent with the existing zoning
classification R-3 development standards except with respect
to side yard and unit size requirements. And, the project
supports the General Plan designation of Multi- Family
Residential. The proposed development density will not be
greater than envisioned in the General Plan and permitted by
the Zoning Ordinance. But, a variance approval is necessary
to allow the existing side yard and unit size.
2. Site Suitabilitv
The property is not undersized in relation to the proposed
development. The lot is not substandard and does meet current
development standards relative to lot width and lot area.
However, the property is located in a flood plain and new
residential uses, or any residential additions that increases
the value of the structure by 50 0 or more are not
permitted under Federal Flood Insurance regulations unless
those regulations are complied with.
3. Comnatibilitv
The proposed project will be located in a neighborhood that
is essentially multiple-family in character. Properties
located to the north, south, and west are developed as
multiple-family residential. Properties developed in the east
are industrial in use. These properties are in general
conformity with the development requirements of the R-3 and M
zones. However, the proposed development does not meet the
setback and unit size requirements of the R-3 zone.
4. Comoliance with Develooment Standards
Findinas Reauired for Granting a Variance•
Staff believes that the required findings for granting a
I Variance cannot be made for this request.
� The applicant is not being deprived of a right that is
enjoyed by others in similar circumstances. The lot width and
� lot area of this parcel should not exclude residential
; development for the subject site. The proposed can meet all
� residential development requirements of the Zoning Ordinance
I provided the project is redesigned.
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As stated above, the applicant is attempting to legalize an
existing second unit. The unit was originally built as a
garage. However, the garage was converted into a second unit
by adding bedrooms, bath, and kitchen areas without
permits . .
The property is in the designated flood plain area, and an
illegal unit cannot be legalized unless it meets flood plain
development regulations. This means that any. living areas
must be flood proofed or must be built at least one foot
above the projected flood 1eve1.
The property is large enough to contain a second unit and
meet the requirements of the Zoning Ordinance. The easiest
way to meet the flood plain requirements is to construct the
second unit above the proposed garage and convert the illegal
unit back to a garage (flood plain development regulations
will require that all plumbing be disconnected and capped).
Therefore staff has placed conditions in the Conditional Use
Permit to require redesign of the proposed development before
building permits can be issued. If the project is redesigned
the second unit can be built to the required minimum size and
therefore the variance would not be required.
The strict enforcement of the specific regulation will not
result in a practical difficulty or unnecessary physical
hardship inconsistent with objectives of the Zoning
Ordinance.
There are no exceptional and extraordinary circumstances and
conditions applicable to the property involved which do not
apply generally to all other residential properties located
in the flood plain.
5. Environmental Assessment
Community Development Department Staff has determined that
the project is Categorically Exempt from provisions of the
State of California Environmental Quality Act, pursuant to
Section 15061b of the State CEQA Guidelines.
RECOMMENDATION
Staff respectfully requests that after consideration the
Planning Commission deny Variance Request No. 96-06.
Attachments
l. Location Map
2. Site Plan
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• DATE: September 10, 1996 !`i �''`�/�, {TC�� ftlo �
n i�L ��
T0: PLANNING COMMISSION � /�
�,, a� f�1�. '
FROM: Gary Chicots, Director
Community Development Department
BY: Robert Diplock, Planning Manager
Planning Division
SUBJECT: Conditional Use Permit - Case No. CUP 96-10
Applicant: Jose and Alicia Rivera
PROPOSAL: �
The applicant is requesting approval of a Conditional Use Permit
in order to legalize an existing second unit and develop a four
(4) car garage at 11237 Wright Road in the R-3 (Multi-Family
Residential) zone.
FACTS:
1. Source of Authoritv
Section 25-4.2 of the Lynwood Zoning Ordinance requires that
a Conditional Use Permit be obtained for any residential
development in the R-2 and R-3 (Residential) zones.
2. Propertv Location
The site is located on the west side of wright Road between
Beechwood and Martin Luther King, Jr. Boulevard.
3. Propertv size
The site consists of a rectangularly shaped lot, approxi-
mately 12,030 square feet in size.
4. Existin4 Land Use
The property is a flat parcel developed with a one (1) story
single family dwelling and a second one (1) story, two (2)
bedroom unit. The surrounding land uses are as follows:
North - Multi-Family Residential
South - Multi-Family Residential
East - Industrial/Commercial
West - Multi-Family Residential
5. General Plan and Zonina Desianations
The General Plan Designation for the subject property is
Multi-Family and the Zoning is R-3 (Multiple Family Residen-
tial). The surrounding land use designations are as follows:
General Plan Zoning
North - Multi-Family North - R-3
South - Multi-Family South - R-3
� East - Industrial East - M
I West - Multi-Family West - R-3
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6. Pro�ect Characteristics: �,
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The subject property contains a one (1) story dwelling and �
an illegal second unit. The project is attempting to legal-
ize the second unit and provide the required four covered
parking spaces in a new four (4) car garage. The second unit i
contains two (2) bedrooms, a kitchen and dining room, a '�
living room, and a half bath. Thirty nine (39°s) of the ��
project lot is planned for landscaping. �
7. Site Plan Review I
�
On August 27, 1996, the Site Plan Review Committee evaluated �
the proposed development and recommended approval to the ;
Planning Commission, subject to a redesiqn of the project '
in order to comply with the Federal Flood Insurance regula- I
tions, and specific conditions and requirements.
8. Zonina Enforcement Historv j
I
This property has been sited for an illegal garage conversa- i
tion and construction without proper permits and approvals. I
9. Public Response j
None of record at the time this report was prepared. I
ISSUES AND ANALYSIS I
1. Consistencv with General Plan and Zonina Reaulations '
The proposed land use is consistent with the existing
General Plan designation of Multi-Family. Therefore, grant-
ing Conditional Use Permit No. 96-10 will not adversely
affect the General Plan. The proposal can meet the use and
density regulations of the Zoning Ordinance if the existing
illegal second unit is deconveted or demolished.and the
project redesigned.
2. Site Suitabilitv
The subject property is adequate in size and shape to
accommodate the proposed development relative to the
proposed density, bulk of the structures, parking, walls,
fences, driveways, and other development features required
by the Zoning Ordinance. However, tghe existing second unit
does not meet the minimum size requirements for a 2 bedroom
home in the R-3 zone and also does not meet the sideyard
setback requirements (a variance VAR 96-06 has been filed to
adjustg these requirements). The subject property is ade-
quately served with the required public utilities and offers
adequate vehicular and pedestrian accessibility.
i 3. Comoliance with Development Standards
� The proposed development meets the development standards
required by the Zoning Ordinance regarding off-street park-
�� ing, front and rear yard setbacks, lot coverage, and height.
i The converted garage does not meet minimum unit size or
i sideyard requirments. However the project can be redesigned
I to meet the requirements of the zone.
I 4. Compatibilitv
� The proposed project will be located in a neighborhood that
I is in essentially multiple family residential in character.
Properties located to the north, south, and west are de-
' veloped as multiple family residential. Properties to the
� east of the project are in industrial use. These properties
� are in general conformity with the development standards of
the R-3 and M zones.
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5. Conditions of Approval
The proposed project, if redesigned to comply with zoning
requirements and 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 inter-
fere with or endanger the public health, safety or welfare.
6. Benefits to Communitv
The proposed development would maintain the City's afford-
able housing stock in furtherance of the policies of the
Housing Element of the General Plan.
7. Environmental Assessment
The Community Development Department Staff has determined
that the project is Categorically Exempt from the California
Environmental Quality Act pursuant to Section 15061 B(3) of
the State of California Environmental Quality guidelines as
amended.
RECOMMENDATION:
Staff respectfully requests that, after consideration, the Plan-
ning Commission adopts the attached Resolution No. 2598:
1. Certifying that the project is Categorically Exempt
from the provisions of the California Environmental
Quality Act pursuant to State CEQA Guidelines, Section
15061 b(3).
2. Approving Conditional Use Permit, Case No. 96-10, sub
ject to the stated conditions and requirements.
ATTACHMENTS
1. Resolution No. 2598
2. Site Plan
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RESOLUTION NO. 2598
A RESOLUTION OF THE PLANNING COMMISSION OF
` THE CITY OF LYNWOOD APPROVING CONDITIONAL USE
PERMIT NO. CUP 96-10 TO CONSTRUCT A DETACHED
SINGLE FAMILY DWELLING AND A FOUR (4) CAR
GARAGE AT 11237 WRIGHT ROAD IN THE R-3 �
(MULTI-FAMILY RESIDENTIAL) ZONE, LYNWOOD,
CALIFORNIA.
WHEREAS, the Lynwood Planning Commission, pursuant to law,
on September 10, 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 Community Development Director has determined
that the proposal is exempt from the provisions of the California
Environmental Quality Act pursuant to Section 15303b of the State
CEQA Guidelines as amended; and
WHEREAS, a Conditional Use Permit is required for
residential development in the R-3 (Multi-Family Residential)
zone . '—
Section 1. The Planning Commission hereby finds and
determines as follows:
A. The site of the proposed use is adequate in size and
shape to accommodate the structures, parking, walls,
landscaping, driveways and other development features
required by the Official Zoning Ordinance.
B. The.structures, as proposed, subject to conditions,
will not have a negative effect on the values of
surrounding properties or interfere with or endanger
the public health, safety, or welfare.
C. The site will be developed pursuant to the current
zoning regulations.
D. The granting of the Conditional Use Permit will not
adversely affect the General Plan.
E. The proposed development will add to the City�s
affordable housing stock in accord with the policies
of the Housing Element of the General Plan.
' Section 2. The Planning Commission of the City of Lynwood,
I based upon the aforementioned findings and determinations, hereby
;, approves Conditional Use Permit, Case No. 96-10, provided the
� following conditions are observed and complied with at all times:
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COMMUNITY DEVELOPMENT DEPARTMENT
�
1 l. 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
i Department.
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, 2. Any proposed subsequent modification of the subject site or
; structures thereon, shall be first reported to the Community
Development Department, Planning Division, for review of
said modifications.
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3. The applicant shall meet the requirements of all'other City
Departments by redesigning the proposed project to comply
with these requirements.
4, The applicant and/or,his representative shall sign a
Statement of Acceptance stating that he/she has read,
understands, and agrees to all conditions of this resolution
prior to issuance of any building permits. -
5. This Conditional Use Permit shall lapse and become void one
hundred and twenty (120) days after the use permitted has
been abandoned or has ceased to be actively exercised.
PLANNING DIVISION CONDITIONS
6. Redraw plot plan to show existing illegal unit to be demol-
ished or redeveloped to meet required zoning development
standard.
7. Deconvert existing garage currently being used as single
family dwelling back to garage. Or redevelop the dwelling to
meet current Zoning Code requirements.
8. All work sha11 be performed by a licensed contractor as per
plans, specifications and current codes.
9. The applicant shall contact the U.S. Post Office (Lynwood
main office) to establish the location of mail boxes serving
the proposed development.
10. Construction shall commence within (6) months from
date of issuance of building permits.
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11. Landscaped areas are to be a minimum of twenty-five (25%)
percent of the lot area.
12. Landscaping and irrigation systems shall be installed in
accordance with a detailed plan to be submitted and approved
by the Planning Division prior to issuance of any building
permits.
The minimum plant material shall be trees and shrubs
combined with ground cover as follows: One (1) five (5)
gallon shrub for each 100 square feet of landscaped area;
and two (2) fifteen gallon trees for each 500 square feet of
landscaped areas.
13. The required front, rear, arid side yards shall be landscaped
and shall consist predominately of plant materials except
I � for necessary walks, drives and fences.
I 14. A minimum two (2) covered parking spaces shall be provided
� for each dwelling on site.
' 15. A six (6') foot high block wall may be installed along the
perimeter of the property, except within the twenty (20')
� foot front yard setback. In this setback, if built, the wall
! shall not exceed a height of four (4') feet measured from
� top of curb.
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16. No side yard shall be less than five (5') feet.
17. Final building elevations, including materials of
'� construction, shall be submitted to and approved by the
Building Official and the Planning Division prior to
� issuance of any building permits.
18. Before any building permits shall be issued, the developer
, shall pay $1.84 per square foot for residential buildings to
` the Lynwood Unified School District, pursuant to Government
, Code Section 53080.
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19. Al1 driveway and parking areas shall be paved.
20. The roof of the new unit shall be constructed of a non
reflective material of either concrete tile, clay tile or -
equivalent and shall match the roof of the existing unit. .
21. The residential structure shall have an exterior siding of
brick, stucco, wood, metal, concrete, or other similar
material other than the reflective glossy, polished and/or
rolled-formed type metal siding. Siding on the rear unit'
shall match the color and material of the existing unit.
22. Prior to obtaining a building permit, the design of any
exterior elevation changes to the building must be approved
by the Direc£or of Community Development or his/her
designee. -
23. 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.
24. All security fences, grills, etc. shall be architecturally
compatible with the design of the subject and adjacent
building. In addition, no security fences, grills, etc.
shall be installed without the prior written approval of the
Director of Community Development. �
25. Air conditioners, heating, cooling ventilation equipment,
swimming pool pumps and heaters and all other mechanical
devices shall be located within the rear yard or 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.
26. A cover sheet approved conditions must be attached to
plans prior to submission to the Building and Safety
Division.
27.. 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.
28. For the purpose of providing heating for any dwelling
proposed, only an energy efficient forced air furnace or
, approved equivalent shall be used, and the use of any wall
furnace is expressly prohibited.
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� 29. Site Plan Review is incorrect. Correct the property dimen-
i sions and resubmit.
30. Provide documentation that lots composing the property were
� legally subdivided together to the satisfaction of the
' Department of Public Works. After reviewing the documents,
I the Department of Public Works may require the submission
, and recordation of a parcel map or lot merger.
31. Dedicate a five (5) wide strip of property frontage along
' Wright Road.
� 32. Submit a grading plan prepared and signed by a registered
i Civil Engineer . Grading plans will be checked by Public
! Works Department. No Building permits will be issued prior
; to the approval of grading plans by City Engineer.
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� 33. Submit a grading plan prepared and sign by a registered
Civil Engineer. The property is located within 100 year
flood level zone per flood boundary map. Also conform to
all applicable codeS per Section 12 1/2 of the Lynwood
Municipal Code. Building above flood level will require
substantial amount of fill, therefore, suggest alternative
methods of design to minimize amount of livable space at
ground level. •
34. Reconstruct damage sidewalk along Wright Road.
35. Reconstruct damaged sidewalk, curb & gutter and substandard
drive approach(es), per APWA standards plans.
36. Close existing drive approach and construct curb, gutter,
and sidewalk.
37. Proposed drive approach and driveway shall be realigned
so that the top "X" is located one foot inside the property
line.
38. Construct new A.C. pavement section on Wright Road.
39. Connect to public sewer . Each building shall be connected
separately. Construct laterals as necessary.
40. Regade parkway and landscape with grass.
41. Underground all utilities.
42. Underground existinq utilities if any modifications are
proposed for the electrical service panel.
43. A permit from the Engineering Division is required for all
off-site improvements.
44. 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.
45. Illegal unit(s) must be deconverted to storage/garage and
comply with flood ordinance requirementrs or be removed.
FIRE DEPARTMENT
The Fire Department found no cause to establish conditions for
this application.
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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
h:usfile \planning\resolutn\reso2598 -
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,1��� �!'� !T �� �
DATE: September 10, 1996 r`_�_ �v���� ' � r�� r�
- ^'C`�� .��� � � -
TO: PLANNING COMMISSION �:'-`,��>:_ �\::. ��
FROM: Gary Chicots, Director � �
Community_ Development Department�� -
BY: Robert Diplock, Planning Manager
Planning Division
SUBJECT: Conditional Use Permit - Case No. CUP 96-13
Applicant: Jorge Gardenas
PROPOSAL:
The applicant is requesting approval of a Conditional Use Permit
to develop an attached one story residential dwelling unit and a
two (2) car garage on property containing an existing unit and
garage at 11045 Carson Drive in the R-3 (MUlti-Family.
Residential) zone.
FACTS:
l. Source of Authoritv
Section 25-4.2 of the Lynwood Zoning Ordinance requires that
a Conditional Use Permit be obtained for any residential
development in the R-2 and R-3 (Residential) zones.
2. Propertv Location
The site is located on the west side of Carson Drive between
Imperial Highway and Lilita Street (see attached location
map).
3. Property size
The site consists of a rectangularly shaped lot,
approximately 6,303.5 square feet in size.
4. Existina Land Use
The property is a flat parcel containing a single family
dwelling with an attached garage, a converted garage unit
with an attached storage and detached storage facilities.
The surrounding land uses are as follows:
North - Single Family/Multi-Family Residential
South - Single Family/Multi-Family Residential
East - Multi-Family Residential
West - Single Family/MUlti-Family Residential
5. General Plan and Zoning Desianations
�, The General Plan Designation for the subject property is
i Town House and Cluster Housing and the Zoning is R-3
I (MUlti-Family Residential). The surrounding land use
� designations are as follows:
, General Plan Zoning
� North - Town House and Cluster Housing North - R-3
South - Town House and Cluster Housing South - R-3
' East - Town House and Cluster Housing East - R-3
� West - Town House and Cluster Housing West - R-3
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6. Pro�ect Characteristics:
The applicant is requesting approval of a Conditional Use
Permit to develop a one (1) story single family residential
unit, 644 square feet in size, attached to an existing
dwelling with an attached two car garage, and a detached 400
square foot garage. The new attached residence will consist
of one bedroom, a full bath, a living room/dining room area,
kitchen facilities. An existing 1,062 square dwelling with
an attached garage will remain as a part of the proposed
project. -
The proposed development will replace an existing illegal
unit with a legal unit and provide the required parking.
' 7. Site Plan Review
On August 27, 1996, the Site Plan Review Committee evaluated
the proposed development and recommended approval to the
Planning Commission, subject to specific conditions and -
requirements.
8. Zonina Enforcement Histo�
None of record.
9. Public Response �
None of record at the time this report was prepared.
ISSUES AND ANALYSIS
l. Consistencv with General Plan and ZoninQ
' The proposed land use is consistent with the existing
General Plan designation of MultiFamily. Therefore,
granting.Conditional Use Permit No. 96-13 will not adversely
affect the General Plan. The proposal can meet the use and
density regulations of the Zoning Ordinance if the existing
illegal second unit is demolished.
2. Site Suitabilitv
The subject property is adequate in size and shape to
accommodate the proposed development relative to the
proposed density, bulk of the structures, parking, walls,
fences, driveways, and other development features required
by the Zoning Ordinance. Furthermore, the subject property
is adequately served with the required public utilities and
offers adequate vehicular and pedestrian accessibility.
3. Compliance with Development Standards
The proposed development will meet all the development
standards required by the Zoning Ordinance regarding off-
street parking, front and rear yard setbacks, lot coverage,
height, unit size, and density if the existing garage is
converted back to a garage. It is currently being used as a
family room.
4. Comoatibilitv
' The proposed project will be located in a neighborhood that
j is in substantial transition from single-family to multi-
� family residences.
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5. Conditions of Aoproval
The proposed project, subject to the conditions recommended
by the Site Plan Review Committee, will not have a negative
effect on the values of the surrounding properties or
interfere with or endanger the public health, safety or
welfare.
6. Benefits to Communitv
The proposed development will add to the City's affordable
housing stock in furtherance of the policies of the Housing
Element of the General Plan.
7. Environmental Assessment
The Community Development Department Staff has determined
that the project is Categorically Exempt from the California
Environmental Quality Act pursuant to Section 15061 B(3) of
the State of California Environmental Quality guidelines as
amended.
RECOMMENDATION:
Staff respectfully requests that, after consideration, the
Planning Commission adopts the attached Resolution No. 2604:
1. Certifying that the project is Categorically Exempt
from the provisions of the California Environmental
Quality Act pursuant to State CEQA Guidelines, Section
15061 b(3).
2. Approving Conditional Use Permit, Case No. 96-13,
subject to the stated conditions and requirements.
ATTACHMENTS
l. Location Map
2. Resolution No. 2604
' 3. Site Plan
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LOCATION MAP
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RESOLUTION NO. 2604
A RESOLUTION OF THE PLANNZNG COMMISSION OF
THE CITY OF LYNWOOD APPROVING CONDITIONAL USE
PERMIT NO. CUP 96-13 TO CONSTRUCT AN ATTACHED
SINGLE FAMILY DWELLING AND TWO (2) CAR GARAGE
AT 11045 CARSON DRIVE IN THE R-3 (MULTI-
FAMILY RESIDENTIAL) ZONE, LYNWOOD,
CALIFORNIA.
WHEREAS, the Lynwood Planning Commission, pursuant to law,
on September 10, 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 Community Development Director has determined
that the proposal is exempt from the provisions of the California
Environmental Quality Act pursuant to Section 15303b of the State
CEQA Guidelines as amended; and
� WHEREAS, a Conditional Use Permit is required for
residential development in the R-3 (Multi-Family Residential)
zone.
Section 1. The Planning Commission hereby finds and
determines as follows:
A. The site of the proposed use is adequate in size and
shape to accommodate the structures, parking, walls,
landscaping, driveways and other development features
required by the Official Zoning Ordinance.
B. The structures, as proposed, subject to conditions,
will not have a negative effect on the values of
surrounding properties or interfere with or endanger
the public health, safety, or welfare.
C. The site will be developed pursuant to the current
zoning regulations and site plan submitted and approved
by the Site Plan Review Committee.
D. The granting of the Conditional Use Permit will not
adversely affect the General Plan.
E. The proposed development will add to the City's
affordable housing stock in accord with the policies
of the Housing Element of the General Plan.
Section 2. The Planning Commission of the City of Lynwood,
based upon the aforementioned findings and determinations, hereby
approves Conditional Use Permit, Case No. 96-13, 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 Fire Code and be in substantial
compliance with plans on file with the Community Development
Department. -
2. Any proposed subsequent modification of the subject site or
structures thereon, shall be first reported to the Community
Development Department, Planning Division, for review of
said modifications.
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3. The applicant shall meet the requirements of all other City
Departments.
4. The applicant and/or his representative shall sign a
Statement of Acceptance stating that he/she has read,
understands, and agrees to all conditions of this resolution
prior to issuance of any building permits.
5. This Conditional Use Permit shall lapse and become one.
hundred and twenty (120) days after the use permitted has
been abandoned or has ceased to be actively exercised.
PLANNING DIVISION CONDITIONS
6. Redraw plot plan to show existing illegal unit to be
demolished, existing storage shed and any portion of storage
shed to be demolished.
7. Deconvert existing garage currently being used as family
room back to garage.
8. All work shall be performed by a licensed contractor as per
plans, specifications and current codes.
9. The applicant sha11 contact the U.S. Post Office (Lynwood
main office) to establish the location of mail boxes serving
the proposed development.
10. Construction shall commence within (6) months from
date of issuance of building permits.
11. Landscaped areas are to be a minimum of twenty-five (25a)
percent of the lot area.
12. Landscaping and irrigation systems shall be installed in
accordance with a detailed plan to be submitted and approved
by the Planning Division prior to issuance of any building
permits.
The minimum plant material shall be trees and shrubs
combined with ground cover as follows: One (1) five (5)
gallon shrub for each 100 square feet of landscaped area;
and two (2) fifteen gallon trees for each 500 square feet of
landscaped areas.
13. The required front, rear, and side yards shall be landscaped
and shall consist predominately of plant materials except
for necessary walks, drives and fences.
14. A minimum two (2) covered parking spaces shall be provided
for each dwelling on site.
15. A six (6') foot high block wall may be installed along the
perimeter of the property, except within the twenty (20')
foot front yard setback. In this setback, if built, the wall
shall not exceed a height of four (4') feet measured from
top of curb.
16. No side yard shall be less than five (5') feet.
17. Final building elevations, including materials of
construction, shall be submitted to and approved by the
Building Official and the Planning Division prior to
issuance of any building permits.
18. Before any building permits shall be issued, the developer
shall pay $1.84 per square foot for residential buildings to
the Lynwood Unified School District, pursuant to Government
Code Section 53080.
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19. Al1 driveway and parking areas shall be paved.
20. The roof of the new unit shall be constructed of a non
reflective material of either concrete tile, clay tile or
equivalent and shall match the roof of the existing unit.
21. The residential structure shall have an exterior siding of
brick, stucco, wood, metal, concrete, or other similar
material other than the reflective glossy, polished and/or
rolled-formed type metal siding. Siding on the rear unit
shall match the color and material of the existing unit.
22. 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. _
23. 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.
24. All security fences, grills, etc. shall be architecturally
compatible with the design of the subject and adjacent
building. In addition, no security fences, grills, etc.
shall be installed without the prior written approval of the
Director of Community Development.
25. Air conditioners, heating, cooling ventilation equipment,
swimming pool pumps and heaters and all other mechanical
devices shall be located within the rear yard or 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.
26. A cover sheet of approved conditions must be attached to
plans prior to submission to the Building and Safety
Division.
27. 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.
28. For the purpose of providing heating for any dwelling
proposed, only an energy efficient forced air furnace or
approved equivalent shall be used, and the use of any wall
furnace is expressly prohibited.
PUBLIC WORKS ENGINEERING DEPARTMENT
29. Site Plan Review is incorrect. Must show all existing
structures and identify which building to be demolished and
resubmit.
30. Dedicate a five (5) wide strip of property frontage along
Carson Drive.
31. Submit a drainage plan prepared and signed by a registered
Civil Engineer . Grading plans will be checked by Public
Works Department. No Building permits will be issued prior
to the approval of grading plans by City Engineer.
'� 32. Reconstruct damaged sidewalk, curb & gutter and substandard
drive approach(es), per APWA standards.
� 33. Construct one (1) wheelchair ramp at northwest corner of
I Lilita Street and Carson Drive.
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34. Connect to public sewer . Each building shall be connected
separately. Construct laterals as necessary.
35. Underground all utilities.
36. Underground existing utilities if any modifications are
proposed for the electrical service panel.
37. A permit from the Engineering Division is required for all
off-site improvements. -
38. 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 _
The Fire Department found no cause to establish conditions for
this application.
Section 3. A copy of this resolution shall be delivered
to the applicant.
APPROVED AND ADOPTED this day of , 1996,
by members of the Planning Commission voting as follows:
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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' DATE: September 10, 1996 ��`,���% ITEM N0 .
r � ����� n4 � 1
TO: PLANNING COMMISSION "f'"•'S- (�` •
FROM: Gary Chicots, Director D
Community Development Department�/(,��
BY: Robert Diplock, Planning Manager
SUBJECT: Variance Case VAR 96-09, Tacos Mexico -
11800 Atlantic Avenue
Applicant: Antonio Moreno
Proposal:
Applicant is requesting a variance from provisions of the sign
ordinance and Redevelopment Agency sign standards for a proposed
Tacos Mexico drive-through restaurant at 11800 Atlantic Avenue in
order to retain an existing pole sign and cabinet (box) sign.
Applicant proposes to retain an existing 22 ft. high pole sign and
a cabinet type box sign as part of a remodel of an existing
restaurant in the CB-1 (Controlled Business) zone. The applicant
also proposes two additional channel letter signs on the north and
south faces of the building (see attached graphics).
Discussion: _
On April 30, 1996, the Site Plan Review Committee approved a
proposal to remodel an existing restaurant for use by a Tacos
Mexico drive-through restaurant (SPR 96-12). One of the conditions
of approval was submission and approval of a sign plan.
The original site plan showed that the existing pole sign and
cabinet box sign would be removed. However, when the sign plan
was submitted, the applicant proposed to keep both the existing
pole sign and cabinet.sign, with a new logo and copy change.
The current Sign Ordinance restricts pole signs to lots with an
area greater than 50,000 square feet. This site is approximately
16,800 square feet. Also current Agency criteria prohibit the use
of cabinet signs.
The applicant does qualify for a monument sign since they have 150
ft. of street frontage along Josephine.
Redevelapment Agency Act�nn
On September 03, 1996 the Redevelopment Agency disapproved the
proposed sign plan and directed the applicant to redesign the plan
to comply with Agency standards.
RECOMMENDATION:
� Staff respectfully requests that, after consideration, the
Planning Commission deny Variance request VAR 96-09, in
j conformance with the action taken by the Lynwood Redevelopment
' Agency at their regular meeting on September 03, 1996.
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� �1GEf ;=1 iTEM [V0.
DATE: September 10, 1996 � NO. ��O_�
TO: PLANNING COMMISSION
FROM: Gary Chicots, Directo
Community Development epartment
SUBJECT: ZONING ORDINANCE AMENDMENT ZOA 96-04• An amendment to the
Citv's Subdivision - Reaulations to Provide DesiQn
Standards and Reauirements for CreatinQ Flaa or Panhandle
Lots
_ Applicant: City of Lynwood
PROPOSAL:
The City of Lynwood is proposing to amend the City Zoning Ordinance
by adding Section 25-18.26 to the Subdivision regulations to
specify design standards and requirements for creating "flag" or
"panhandle" lots.
DISCUSSION:
Recently staff has had two inquiries and one preliminary
application to create flag lots. These types of lots with a long,
narrow neck connecting to a street are sometimes the only way to
subdivide long narrow parcels or leftover or awkward shaped lots.
However, unless properly designed, such lots can become problems
because of inadequate access or not enough width or depth to meet
setback requirements.
Currently the City's Subdivision regulations do not contain any
regulations or design standards relating to flag lots. Adopting
standards will insure that any such lots will be properly designed.
The proposed ordinance amendment is modeled after regulations
currently in effect in the City of Rosemead. Staff is preparing
some graphics to illustrate the design regulations and make to
Ordinance more understandable.
ENVIRONMENTAL ASSESSMENT:
The Director of Community Development has determined that no
significant adverse environmental impacts will result from the
proposed Ordinance change, therefore a Negative Declaration has
been prepared and filed in the Community Development Department and
in the office of the City Clerk.
RECOMMENDATION:
Staff respectfully requests that, after consideration, the
Planning Commission adopt Resolution 2591:
l. Certifying that the proposed ordinance amendment will not
have a significant effect on the environment and that a
Negative Declaration has been prepared pursuant to the
California Environmental Quality Act.
2. Approving Zoning Ordinance Amendment No.96-04 with any
changes as may be recommended by the Commission and
recommending adoption of Zoning Ordinance Amendment
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96-04 by the City Council.
, ATTACHMENTS:
; l. Draft Ordinance
2. Resolution 2591
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD AMENDING CHAPTER
25 OF THE LYNWOOD MUNICIPAL.CODE BY
ADDING SECTION 25-18.26 ESTABLISHING
REGULATIONS AND DESIGN STANDARDS FOR
CREATING FLAG OR PANHANDLE LOTS.
THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Chapter 25 of the Lynwood Municipal Code is hereby
amended as follows:
(i) Section 25-18.26 is added to the Lynwood Municipal Code as
follows:
25-18.26 Flaa Lots Develooment - Design Standards.
Flacx Lot Development Desian Standard. In order to provide the
opportunity for single-family residential flag lot development, and
to maintain the integrity of existing single family areas, the
following regulations and criteria for evaluating flag or panhandle
lots are established. However, in no case shall more than three
flags lots be allowed within any subdivision.
A. Front Yard. For the purpose of this section , a front
yard shall be defined as that area which extends across the
width of the lot, and is immediately adjacent to the flag lot
vehicular access leg, which connects to the public street.
Such vehicular access leg is exclusive of a front yard
setback area.
B. Front Yard Setback Front yard setback requirements for
residential development herein shall apply; provided,
however, that for the purposes of ineasurement, the following
methods shall be applicable .
1. When a single (one) flag lot is to be served by a
driveway which is solely devoted to the exclusive
use of such single flag lot, measurements shall be
initiated from the front property line.
2. When two or more flag lots are to be serviced by a
common driveway obtained through fee, easement, or
in combination thereof, and when such lots lie
partially within such common driveway, no setback
measurements shall include any portion of such
common driveway.
3. The Planning Commission may establish a new point of
measurement for front yards; providing, however,
that common driveways or vehicular access easements
shall not be counted towards satisfying front yard
setback requirements.
' C. Side Yard. The minimum side yard setback shall be
I five feet (5'); provided, however, that for the purposes of
I measurement, the following methods shall be applicable:
� l. When a single (one) flag lot is to be served by
� a driveway which is solely devoted to the
i exclusive use of such single flag lot,
measurements shall be initiated from the side
property line.
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2. when two or more flag lots are to be served by
a common driveway obtained through fee,
easement, or in combination thereof, and when
such lots lie partially within such common
driveway, no setback measurements sha11 include
any portion of such common driveway.
D. Lot Area. The minimum developable lot area, exclusive of
vehicle access leg or common driveway access easements, shall
be five thousand (5,000) square feet and as depicted within
Appendix "A" herein.
E. Lot Width. The minimum 1ot width for a flag lot
developable area shall be fifty feet (50').
F. Lot Width. Street Frontaae. The minimum street frontage
for a flag lot development is directly dependent on the number
of flag lots.
(1) The minimum street frontage for a single (one)
flag lot shall be fifteen feet (15').
(2) The minimum street frontage for two or more
lots which are so designed to provide a common
vehicular access leg by way of fee, easement,
or combination thereof, shall provide a minimum
of three feet (3') additional of real property
street frontage; provided, however, that the
following minimum street access widths are
established:
(a) The street frontage.for two (2) lots sha11
be eighteen feet (18'); provided, however,
that such requirement may be achieved by
a combined contribution of individual lot
street frontage which equals the required
access driveway width.
(b) The street frontage for three (3) flag
lots shall be twenty-six feet (26');
provided, however, that such requirement
may be achieved by a combined contribution
of individual lot street frontage which
. equals the required street frontage width.
(3) The street frontage access width may be
increased beyond those requirements contained
within this subpart, based on the
recommendation of the City Engineer or Fire
Department.
G. Application and Procedural Provisions Pertainina to Flaq
Lot Develooments.
(1) The requirements contained within this Section shall
only apply in conjunction with the consideration of
a division of land which contains a flag lot.
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(2) A site plan, drawn to scale, which accurately
1 depicts all proposed structures and required
setbacks and vehicle driveways, shall be submitted
, in conjunction with any application for a division
; of land which contains a flag lot.
(3) The Planning Commission will review the merits of
� each flag 1ot proposal in relationship to the
; immediate property and the surrounding area.
` (4) Vehicle access easements for reciprocal use or
otherwise sha11 be shown on the tentative maps,
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together with a statement identifying which lots are
subservient and which lot are to benefit from such
easements.
(5) Where vehicle access easements are to be used,
a covenant shall be prepare� by the applicant for
review and approval of the City Attorney. The
covenant shall assure that private common driveways
shall be continually maintained and that cost
associated with such maintenance shall be equally
shared by all future property owners, whose
properties benefit within the division, and shall
include the following provisions:
(i) The City shall have the right to cause
such repair to be accomplished, and to
place liens on the involved properties,
if in the estimation of the City
Engineer, the subject common driveway has
reached a state of disrepair which
renders it a hazard, or a public
nuisance; and that the property owners
involved have failed to act within a
reasonable period, thirty days), after
notification.
(ii) That no parking shall be allowed within
the private common driveway obtained by
easement and signs restricting same shall
be posted at conspicuous locations.
(iii)The ability to cite violations of such
parking restrictions shall be granted to
the City of Lynwood.
H. Necessarv Findinas for Ap�roval. The Planning
Commission may approve the platting of flag lots when
the following findings can be made.
(1) The lot design is justified by topographic
conditions or the size and shape of the
property prohibits conventional lot division
practices.
(2) The proposed flag lot division will not create
detrimental visual or privacy impacts.
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RESOLUTION NO. 2591
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING ZONING ORDINANCE
AMENDMENT ZOA 96-04 AND RECOMMENDING COUNCIL
ADOPTION OF AN ORDINANCE ADDING SECTION 25-18.26
TO THE LYNWOOD MUNICIPAL CODE IN ORDER TO ESTABLISH
REGULATIONS AND DESIGN STANDARDS FOR THE CREATION
OF FLAG OR PANHANDLE SHAPED LOTS.
WHEREAS, the Planning Commission of the City of Lynwood,
pursuant to law, held a public hearings on the subject proposal at
their regular meeting on September 10, 1996; and
WHEREAS, the Planning Commission has carefully considered all
pertinent testimony offered at the public hearing; and
WHEREAS, the Director of Community Development has determined
that the proposed Code amendments will not have a significant
adverse effect on the environment, and has prepared a Negative
Declaration for the proposed amendments; now therefore
Section 1. The Planning Commission of the City of Lynwood hereby
finds and determines as follows:
A. Panhandle or flag type lots may serve a useful purpose
when attempting to subdivide long narrow parcels or
leftover or awkward shaped lots.
B. Unless properly designed, panhandle or flag lots also can
create problems if they do not have adequate access or
' not enough width or depth to meet Zoning Ordi'nance
setback requirements.
I C. Currently the City's Subdivision regulations do not
i contain any regulations or design standards relating to
I the creation of flag lots.
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, D. Adopting regulation and design standards will insure that
� panhandle or flag lots will be properly designed.
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, Section 2. The Planning Commission of the City of Lynwood, based
upon the aforementioned findings and determinations:
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j 1. approves the Negative Declaration for Zoning Ordinance
Amendment ZOA 96-04.
I 2. approves Zoning Ordinance Amendment ZOA 96-04, adding
� Section 25-18.26 to Chapter 25 of the Lynwood Municipal
i Code to specify design standards and requirements for
creating "flag" or "panhandle" lots.
�� . 3. recommends that the City Council adopt Zoning Ordinance
!,. Amendment ZOA 96-04.
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'� Section 3. A copy of this resolution shall be delivered to the
� City Clerk. -
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1 ' APPROVED and ADOPTED this lOth day of September, 1996, by
1 members of the Planning Commission voting as follows:
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AYES:
NOES:
ABSENT:
ABSTAIN: -
Carlton McMiller, Chairperson
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Gary Chicots, Director Michele Beal Bagneris
Community Development Dept. Deputy City Attorney
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wpfiles\planning\zoa9604.rpt
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. AGLI�EDA, (TEP�11 N0. 8
DATE: September 10, 1996 C��L ryU
TO: PLANNING COMMISSION
FROM: Gary Chicots, Director �
Community Development Departmen �
SUBJECT: REQUEST FOR EXEMPTION FROM FENCE ORDINANCE REQUIREMENTS
FOR A SINGLE FAMILY HOME AT 5422 PELLEUR STREET (R-1,
SINGLE FAMILY RESIDENTIAL)
REOUEST:
Ms. Esther Irby has requested an exemption from Zoning Ordinance
provision in order to construct a fence and gates (4 ft. high) in
the front yard at 5422 Pelleur Street in the R-1 (Single Family-
Residential) Zone.
Backcrround :
Currently the Zoning Ordinance states that no fences are permitted
in the front 20 ft. setback in the R-1 residential zone. The only
possible exception is for corner lots or other situations where
significant trespass can be demonstrated.
Ms. Irby's letter states that she has problems with people leaving
bottles in her yard, and with kids sitting and walking on the lawn
and riding bikes in the driveway. Ms Irby does live close to the
Abbott Elementary school.
Discussion:
Staff inspected the site on August 30,1996 and again on September
05, 1996 in the afternoon. School was not in session either time.
On both occasions, there was no one on the street. As Ms.Irby
indicated in her letter, there is damage to the low block wall on
the west.side of her property. Staff will attempt to visit the site
again when school is letting out.
This is a good residential street with houses and lawns generally
well kept. As is shown on the attached graphic, both corner houses
at the intersection of Pelleur and Wright Road have chain link
fences. However, going east, there are seven lots on the south
side of the street and nine lots on the north side of the street
without fences. Thee are several front yard fences in mid block.
The subject property does not show any unusual circumstances for
this lot that would make it different from the lots on either side ;
or across the street. There is no physical reason why there should j
be any more trespass on this lot than the other 15 without fences.
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Recommendation: �
Staff respectfully requests that, after review, the Commission �
reject this request.
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Attachments: �
1. Applicant's Letter
2. Graphic '
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I j August 12, 1996
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Mr. Arthur L. Barfield - �
Planning Associate -
City of Lynwood California �
11330 Bullis Road '
„, Lynwood, California 90262
A'['TENTION: ROBERT DIPLOCK
Dear Mr. Barfield: i
My name is Esther Irby. I have been a sident of 5422 Pelleur
Street for eighteen (18) yeazs. I take alot of pri e and the upkeep of my
home and in the community in which I live. ou recently came out to
my home to survey my pzoperty in regards t having a fence installed
by Himco Security, which I was told it muldn' be done because of the -
zone area in which i live. ��
I would like the City of Lynwood to gr t me .permission to have
a fence installed due to the constant problem. with people leaving
alcohol bottles in my yard and kids sitting an walking on my lawn also
riding their bikes in the driveway. The brick ence in my drivewav is �
constantly being repaired due to loose and cra ed bricks from the kids I
walking on them. The constant repairs are v ey costly. Ttiis usuallly ;
occurs from the kids going to Abbott Element ry School, down the �
street from my home. I have been very nice regard t� this matter to I
avoid any type of confration with my neighbo about their kids.
r �
I have enclosed a outline from Himco curity as to how the i
fence will be installed. I will greatly apprecia . the city considering this �
matter. �
'�ery truly yourg, �
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sFher Irby �� �
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� ;nr�"�ipA ITE!�,-� �1U. �
DATE: September 10, 1996 (���` n�n ��
l, .� �VU
TO: � PLANNING COMMISSION "'
FROM: Gary Chicots, Director
Community Development Department
SUBJECT: REVIEW OF POTENTIAL GENERAL PLAN AMENDMENT - SOUTH SIDE
OF MARTIN LUTHER KING JR. BOULEVARD NEAR HARRIS
A property owner wishes to create a second unit on a lot on the
south side of Martin Luther King Jr. Boulevard near Harris Avenue.
The property currently is zoned R-3, with R-3 and R-2 zoning
adjacent to it. There are several multi family units in the area.
However, there also are a number of single family homes and the
General Plan designates the area on the south side of Martin Luther
Kirig as Single Family.
Staff wishes to review existing development and the General Plan in
this area with the Commission to receive direction on .po ssible
action.
A map showing zoning and location of single and multi family homes
will be presented at the Commission meeting.
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wpfiles\planning\gpamlk.mem
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° �; August 12, 1996 � � �- �
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Mr. Arthur L. Barfield - �
Planzung Associate k
City of Lynwood Califomia �
` 11330 Bullis Koad i
Lynwood, California 90262
A'ITENTION: IZOBERT DIPLOCK
Dear Mi. Barfield`. "
i
My name is Esther Irby. I have been a sident of 5422 Pelleur
Street for eighteen (18) yeazs. I take alot of pri e and the upkeep of my
home and in the community in which I tive. ou recenHy came out to
my home to survey my property in regards t having a fence instalied
- by Himco Security, which I was told it couldn' be done because of the
zone area in which I live. �
. I would like the City of Lynwood to gr t me permission to have
a fence installed due to the constant problern with people leaving
aicohol bottles in my yard and kids sitting an walking on my lawn also
- riding their bikes in the drivewav. The brick ence in my drivewav is '
, constantly being repaired due to�loose and cra ed bricks from the kids
waiking on them. The constant repairs are v ey costly. This usuallly
, occurs from the kids going to Abbott Element ry School, down the
street from my home. I have been very nice regard to this matter to
avoid any type of confration with my neighbo about their kids.
� .
I have enclosed a outline from Himco curity as to how the
fence will be installed. I wIIl greatly apprecia� the city considering.this �
matter.
+'ery truly yours,
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. _ � .,o �zz'�.. ��?��.
st�her Irby ��
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