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Home My Public Portal About02-27-96 PLANNING COMMISSION � � AGENDA LYNWOOD CITY PLANNING COMMISSION � SPECIAL MEETING - 7:30 P.M. � - R EIVED City Hall Council Chambers C� OFLYNWOOU 11330 Bullis Road, Lynwood, CA �ITY CLERKS OPrICE F�1'� 22 1zi:io February 27, 1996 A� � 7i8iS�m111it2i1i2�3i4iS�6 Carlton McMiller � ��{�u � � Chairperson � � j�� N � �, Errick Lee Donald Dove Vice Chairman Commissioner ` Eloise Evans Richard Kuan Commissioner Commissioner Jamal Muhsin Jamina Barnes ? Commissioner Commissioner C O M M I S S I 0 N C O U N S E L• Michele Beal Bagneris , Deputy City Attorney STAFF: Gary Chicots, Director Robert Diplock Community Development Department Planning Manager Art Barfield Louis Omozuyi Associate Planner Associate Planner Louis E. Morales, Jr. Paul Nguyen Associate Planner Civil Engineer Assoc. . ..� , �. . � � f:\wpfiles\misc\feb96s 1 I .� :;. REGULAR ORDER OF BUSINESS STAFF COMMENTS: PUBLIC ORALS COMMISSION ORALS STAFF ORALS ADJOURNMENT Adjourn to the regular meeting of the Planning Commission on March 12, 1996 at 7:30 p.m., in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California. I I � � I �I � I � ; i i I � I I f:\wpfiles\misc\feb96s i i I 3 � I I �'� ..�. . � ' . . , � . fs_ a LYNWOOD PI�ANNING COMMISSION, FEBRUARY 27, 1996 The Planning Commission of the City of Lynwood met in a Special Session, in the Council Chambers of the City Hall, 11330 Bu11is- Road, on the above date at 7:30 p.m. Chairman McMiller presiding. . Commissioners Dove, Barnes, Lee, Muhsin and Kuan answered to roll call. Commissioner Evans was absent. ' Also present were City Manager Gonzales, Community Development Director Chicots, Planning Manager Diplock, Deputy City Attorney . Bagneris, Associate Planner Morales and Civil Engineering Associate Nguyen. _ Planning Manager Diplock announced the Agenda had been duly posted in accordance with The Brown Act. , NEW PUBLIC HEARINGS Chairman McMiller introduced the first two Agenda items, Tentative Tract Map Case No. TTM .96-02 and Variance Case No. VAR 96-02, Applicant: The Lee Group, Inc. and called for a staff report. � , Planning Mariager Diplock stated the applicant is requesting approval of Tentative Tract Map No. 51240 for the purpose of subdividing 3.6 acres of land for the development of sixty-five (65) Single-Family residence in a self contained site with 65 individual 1ots, private roads and an area for private recreation or open space. The applicant is also requesting approval of Conditional IIse Permit.Case No. CUP 96-01 and Variance Case No. VAR 9b-02 for 1ot size reduction for the development of sixty-five {65) Single-Family dwelling units on vacant land located at the northwest and southwest corner of 0landa Street and Atlantic Avenue in the R-3 (Multi-Family Residential) zone. Community Development Director Chicots described the project in more detail and informed the Commission of some minor changes in the draft Conditions of Approval that were proposed to be changed. He also stated that Conditions from the Fire Department for Resolution No. 2577 are incorrect and will be corrected. He tHen read the corrected Conditions to the Commission. Planning Manager Diplock then read two letters from residences opposing the project. After staff comments, Chairman McMiller opened the P.ublic Hearing. Jeff Lee, The Lee Group, Inc., 310 Washington Blvd., Marina del Rey, Ca., described the characteristics and objectives of the - project and spoke in favor of the project. Commissioner Lee asked questions concerning limited pedestrian access to the project and expressed concern about the distance pedestrians would have to walk to reach some areas of the development'. Applicant indicated that access and security issues . will be reviewed with the City and Sheriff's Department as the project design is refined. � Commissioners discussed with the applicants the location of air conditioning compressors and trash receptacles, the provisions of wood fences and interior street lighting and the need for left turn . pockets for access into and out of the project. ' Commissioner Muhsin, discussed the procedure for identifying and � preserving moderate income units in the project. The Commission also d'iscussed maintenance issues, the establishment of homeowner fees, the size and design of the play area, and the architectural design and exterior treatment of the homes, and the design of sidewalks on Atlantic'and Cookacre. . . _� . �. . . . . 'f The Commission directed that Condition 22, in the Conditions of Approval, be amended to require a lighting plan be submitted as well as landscaping and irrigation plans and that all three plans be submitted to the Planning Commission for review and approval. , In addition, the Commission directed that the following sentence be . added to Condition 22: "At the time the landscaping, irrigation and lighting �plans are submitted to the Planning Commission, the application shall submit renderings of the project, including the common area, and color , - schemes showing the exterior treatment of the buildings for review � and approval by the Planning Commission.' ` Hearing no further discussion, Chairman McMiller closed the Public Hearing. It was then moved by Commission Dove, seconded by Commission Kuan to adopt as amended: RESOLUTION NO: 2577 ENTITLED: A RESOLUTION OF THE PLANNING ' COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 96-01 AND VARIANCE CASE NO. 96-02 FOR THE CONSTRUCTION OF SIXTY-FIVE (65) SINGLE FAMILY, DETACHED, DWELLING UNITS AT 12615 SOUTH ATLANTIC AVENUE, IN THE R-3 (MULTI-FAMILY R$SIDENTIAL) ZONE, LYNWOOD, CAI,IFORNIA. RESOLLITION NO. 2580 ENTITLED: A RESOLUTION OF THE PLANNING COMI�IISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE TRACT MAP NO. 51240 TO COMBINE LOTS 16, 17, 21, 22,.25 AND THE SOUTHERLY 55 FEET OF LOT 15, TRACT NO. 7099 IN THE COUNTY OF LOS ANGELES, STATE OF �nrIFORNIA, AS PER MAPS RECORDED IN BOOK 101, PAGES 6& 7 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ROLL CALL ' Ayes: Dove, Muhsin, Kuan, Lee, McMiller, Barnes NOES: NONE ABSTAIN.: NONE i ABSENT: Evans j . I STAFF ORALS:, NONE � i � PUBLIC ORALS: NONE � COMMISSION ORALS: � . i � Commissioner Muhsin expressed need to check new street trees along ! Atlantic and Long Beach Boulevard. Several appear to be dead or � leaning over. , I i � Commissioner Kuan asked about the date of the Commission workshops � and Commissioner pove encoura ed Commissioners to � . g participate in i one of the sections of the American Planning Association. i � Commissioner Lee requested full scale prints of development I projects for the Commissioners and all other items that are , submitted by the applicants. He also expressed his concern'abut ; � the color schemes and signage being permitted in commercial areas, ' and the density of The Lee Group project. � � , I I I � � - ° • � � � � . 1 , I �; , ,> .� Hearing no further discussion, it was moved to adjourn at 10:15 p.m. to, the regularly scheduled meeting of March 12, 1996. CHAIRMAN McMILLER APPROVED AS TO CONTENT: ROBERT DIPLOCK, PLANNING MANAGER APPROVED AS TO FORM: - MICHELE BEAL BAGNERIS � CITY ATTORNEY I i i � � � . � ; , � � I . I . I , . 1 � � � � � � � I ! � : � „ I '• � ' � ; i � � I � � � ., h:\wpfiles\planning\min02275 � � � i i i I t � I ..� ,� _ DATE: February 27, 1996 � TO: PLANNING COMMISSION FROM: Gary Chicots, Director' /-/�: Community Development Department.�. " SUBJECT: TENTATIVE TRACT MAP NO. 51240 CASE NO. TTM 96-02 Applicant: The Lee Group, Inc. PROPOSAL: The applicant is requesting approval of Tentative Tract Map No. 51240 for the purpose of subdividing 3.6 acres of land at the southwest corner of Olanda Street and Atlantic Avenue for the development of sixty-€ive (65) Single-Family residential project in a self contained site with 65 individual lots, private roads and an area for private recreation or open space. Facts 1. Source of Authoritv Section 25-18, et seq., Subdivision Regulations of the Lynwood Municipal Code and the Subdivision Map Act, Government Code Section 66410, et seq require that a tract map be recorded when creating five (5) or more parcels. 2. Propertv Location: ' The property is located north and south of Olanda Street and Atlantic Avenue. (See location map). 3.' Property Size: The property is predominately vacant developed with one single-family dwelling unit and a used auto sales facility. It is rectangular in size and approximately 3.6 acres. , 4. Existina Land Use: . The surrounding land uses are as follows: General Plan Zoning North'- Multi-Family North - Multi-Family South - Commercial South - Two-Family/Commercial , East - Commercial East - Commercial West - Town\House Cluster West - Two-Family 5. Pro�ect Characteristics: The applicant proposes to subdivide and create a sixty-five (65) unit residential subdivision. The proposed subdivision would allow for the development of Single-family residences on individual lots. The applicant will be required to provide or dedicate park land for recreation and/or pay a fee in lieu in providing the required land. The tentative map calls for the vacation of Olanda Street between Cookacre Street and Atlantic Avenue that wi11 be incorporated into the development. , 6. Site Plan Review: At its regular meeting on February 1, 1996, the Site Plan Review Committee evaluated the proposed subdivision and " recommended approval to the Planning Commission, subject to specific conditions and requirements. 1 . � . ,, ANALYSIS AND CONCLUSION Staff analysis� of thie proposed subdivision map include the following findings: (a) Design of the proposed subdivision; and {b) Consistency of the proposed site with the General Plan. Desiqn of the Proposed Subdivision a_ The design of the proposed lot subdivision shows the proposed lots to provide adequate egress and ingress. b. The proposal is meant for the subdividing of land into sixty-five lots to support better utilization of the property. c. The site is physically suitable for the proposed use and - density. The parcels are substantially flat and able to support the intensity and type of development proposed. d. The design of the proposed subdivision will not cause ' substantia� environmental damage or substantially and avoidably injure fish or wildlife or their habitat. E. The design of the subdivision or required improvements will not cause serious public health problems or conflict with public easements for access through or use of ' property within the subdivision. Consistencv of the Site With the General Plan i , a. The size and location of the proposed project does not significantly change the character of the existing environment. � b. The proposed subdivision is consistent with the Zoning I Classification of R-3 and the General Plan designation of � - ' Mu1ti-Family. i Environmental Assessment I ' The Director of Community Development has determined that no , substantial environment impact will result from the proposed project; therefore, a Negative Declaration has been filed in the � Community Development Department and in the office of the City Clerk. � RECOMMENDATION(S) Staff respectfully requests that after consideration, the Planning ' •.Commission adopt attached Resolution No.'2580: � I 1. Certifying that the.project will not have a significant effect 1 on the environment and that a Negative Declaration has been � issued pursuant to the provisions of State CEQA Guidelines. . I � 2. Approving Tentative Tract Map No. 51240, Case No. 96-02, i . subject to the stated conditions and requirements. I , i Attachments: I , 1. Location Map i 2. Resolution No. 2580 ' 3. 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SEE: � � ' � e�eb _ zy .e- . ., . . . . i - ' .. .� . � � . . . . . . � . , . . _ , . � .. .. . . , � � , f,OUqTY . � RESOLUTION NO. 2580 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE TRACT MAP NO. 51240 TO COMBINE LOTS 16, 17, 21, 22, • 25 AND TFIE SOUTHERNLY 55 FEET OF LOT 15, TRACT N0. 7099 IN THE COUNTY OF ` LOS ANGELES, STATE OF CALIFORNIA, AS PER MAPS RECORDED IN BOOK 10I, PAGES 6 & 7 OF MAPS, IN THE OFFICE OF THE , COUNTY RECORDER OF SAID COUNTY. 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 will not have a negative e£fect on the environment, and has therefore filed a Negative Declaration for the project; 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 Tentative Parcel Map is required for the proposed development; and Section 1. The Planning Commission does hereby find and , determine.that Tentative Tract Map No. 51240 subdividing property in the'R-3 (Multi-Family) zone, should be approved for the ° following reasons: ° A. The subdivision meets all the applicable requirements and conditions imposed by the State Subdivision Map Act ' and the Subdivision Regulations of the Lynwood Municipal Code. � B. The proposed subdivision of lots is consistent with the applicable elements of the General Plan and the Official Zoning Ordinance of the City of Lynwood. � C. Proper and reasonable provisions have been made for ', adequate ingress and egress to the subdivision of the lot. D. Proper and adequate provisioms have been made for all public utilities and public services, including sewers. Section 2. The Planning'Commission of the City of Lynwood hereby approves Tentative Tract Map No. 51240 subdividing property in the R-3 (Mu1ti-Family) zone, subject to the following conditions. � f`.\resoWtion\reso2580 � � , . 1 . ' COMMTJNITY DEVELOPMENT DEPARTMENT CONDITIONS 1. The applicant shall meet the requirements of all 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. PLANNING DIVISION 3. Within twenty-four (24) months after approval or conditional approval of the Tentative Tract Map, the ' subdivider shall file with the City of Lynwood, a Final Map in substantial conformance 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 building permit shall be issued prior to recordation of the Final Map or another appropriate instrument approved by the City of Lynwood. 5. Extension of the Tentative Tract Map approval shall only , be considered if the applicant or his/her representative submits a written request for extension to the Community Development Department stating the reasons for the request, at least thirty (30) days before map approval is due to expire, pursuant to, and in compliance with, Section 25-18, of the subdivision regulations of the City of Lynwood. : 6. , The Final Map shall be filed with the City Engineer of the City of Lynwood. 7. The existing property shall be maintained in a clean and sanitary condition prior to construction of the proposed development, and shall be maintained in a neat and ' orderly manner at a11 times. � 8. Al1 Conditions under Resolution No. 2577 approving Conditional Use Permit No. CUP 96-01 must be met prior to recording the Final Map. • DEPARTMENT OF PUBLIC WORKS/ENGINEERING 9. All conditions of the State Map Act and the City's Subdivision Ordinance must be met prior to recordation. All matters and improvements shall be consistent with the ordinance, standards, and procedures of the City's ' Development Standards, Engineering Procedures and Standards, Water Standards, and the Planting Standazds of the Department of Public Works. The Developer is responsible for checking with staff for , clarification of these requirements. - 10. 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. . � . f:\resolutn\reso2580 � . 2 a ` 11. Developer shall pay all applicable development fees + including drainage, sewer, water and parkway tree fees prior to issuance.of any building permits. Pay Tract Map checking fees prior to checking. Pay $100 monument checking fee prior to recordation. Deposit $100 with City Engineer to guarantee receipt by City of `recorded, reproducible mylar Final Map prior to recordation. All special assessments and utilities or sewer connection fees are to be paid prior to recording the Final Map. All requirements to the serving utilities to be met or ° guaranteed prior to recording of the Final Map. All conditions of the Lynwood Fire Department must be met prior to recordation of the Final Map. ` Section 3. A copy of this resolution shall be delivered to the applicant. : APPROVED and ADOPTED this 27th day of February, 1996, by members of the 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 � . f:\resolutn\reso2580 � � 3 ,V � A ,a DATE: February 27, 1996 � TO: PLANNING COMMISSION FROM: Gary Chicots, Director �� . Community Development Department , SUBJECT: Variance Case No. 96-02 and Conditional Use Permit Case No. CUP 96-01 Applicant: The Lee Group Inc. Pr000sal: The applicant is requesting approval of a Conditional Use Permit and a Variance for lot size reduction for the development of sixty- five (65) Single-Family dwelling units on vacant land located at the northwest and southwest corner of Olanda Street and Atlantic I Avenue in the R-3 (Multi-Family Residential) zone. Facts• l. Source of Authoritv Section 25-4.2 of the Lynwood Municipal Code requires that all residential development in the R-3 (Multi-Family ) zone in � the City of Lynwood obtain approval of a Conditional Use i Permit from the Planning Commission. Section 25-26.1 of the Lynwood Zoning Ordinance permits Variances from the strict i application of the terms of the Ordinance where there are � special circumstances applicable to the property 2. Propertv Location i The project is located at the northwest and southwest corner of Olanda Street and Atlantic Avenue (see attached Location � Map). � 3. Propertv Size j The subject property is rectangular in shape and is j approximately 3.5 a.cres. I i 4. Existing Land Use _ The surrounding land uses are as follows: General Plan Zoning I North - Multi-Family North - Multi-Family ( South - Commercial South - Two Family/Commercial � East - Commercial East - Commercial I West - Town/house Cluster West - Two Family 5. Pro�ect Characteristics � The applicant proposes to develop a sixty-five (65) unit I detached Single-Family subdivision that will require the i approval of a Tentative Tract Map as each of the proposed units will be developed on a single lot. The project will offer three (3) floor plans. The unit summary and type is as follows: Plan Unit Type No. of Units 1 2 bdrm/den 2.5 baths 2p I 2 3 bdrm 3 baths 2-7 I 4 4 bdrm/fam. rm., 2.5 baths 18 I � 1 I � The Lee Group Inc., (the "Developer") entered into a Disposition and Development Agreement ("DDA") with the Lynwood Redevelopment Agency on November 4, 1995, for the development of sixty-five (65) units. Under the DDA, the Developer will designate a minimum of eight (8) units that will be targeted as low and moderate income units. The remaining units will be sold at market rate ranging from $130,000 to $160,000. The project will be developed to a density of 17.9 units/acre consistent with the R-3 Zone and the General Plan Land Use Designation of Multi-Family. The project qualifies for a Planned Residential Development ("PRD��) designation and the Developer is applying for a Variance for relief on certain PRD development standards. Staff feels that the Variance application merits consideration given that some of the requirements under the PRD are in conflict with each other. The Developer seeks a variance to reduce the lot sizes and the front yard setback which are some of the requirements in the PRD that are conflicting. Under the Variance request the Developer proposed to reduce the lot size from 3,500 to an average of 1,500 sq. ft. and the front setback from ten (10') to and average three foot six inches (3'-6"). The development proposal will require the vacation of Olanda Street between Atlantic Avenue and Cookacre Street. The portion of Olanda Street to be vacated will be incorporated into the project and used as a private drive which will be used to accommodate guest parking. All of the streets proposed will be private streets that will be maintained by an I established Homeowners Association that will enforce I Covenants, Conditions, & Restrictions ("CC & R"s) that will be required. The development will contain approximately 9,100 sq. ft. of I public open space in a central recreation area and two (2) tot lots. The open space will be improved with trellis/patio, BBQ � and picnic tables and an area for volleyball and open play. ' The required open space or dedicated parkland for the project � pursuant to City Ordinance could be provided for under three � scenarios based on a formula that takes into account I population density in the City and the number of proposed units. The first scenario is to pay a fee in Lieu of providing � park area. The second scenario is to provide the required park � area and the third is to provide a combination of the first I two scenarios, i.e provide a certain percentage of land and offset the remainder with an in Lieu payment equal to the ( entire equity. The required park area for this project is I 16,380 sq. ft. or $49,140 in Lieu payment. The developer is providing approximately 9,100 sq. ft. of open space and is also paying $60,000 in lieu payment to offset any park impacts directly related to the project. � 6. Site Plan Review ' At its regular meeting on February 1, 1996, the Site Plan � Review Committee evaluated the proposed development and I recommended approval to the Planning Commission, subject I to specific conditions and requirements. ; 7. Zonina Enforcement Histo� � None of record at the time this report was prepared. i 8. Public Resoonse � Staff received two letters in opposition to the project. � Social problems created by low income housing projects and the � need for more small businesses I 2 � i � I Y ANALYSIS AND CONCLUSION: l. Consistency with General Plan The proposed land use is consistent with the recently approved Zone Change and General Plan Amendment from Commercial to Multi-Family residential. 2. Comnatibility The proposed project is compatible with the surrounding uses and will be harmonious with the existing mixture of residential development in the area. 3. Compliance with Develooment Standards The proposal meets the development standards relative to density at 18 units/acre required by the Zoning Ordinance with and respect to lot coverage, building height and density. Findings Required for Granting a Variance: I Staff believes that the required findings for granting a Variance can be made for this request. i The applicant is being deprived of a right that will enjoyed by others in similar circumstances. The lot width and lot area of this parcel should not exclude residential development for the subject site. With the exception of the front setback and I lot area, the proposed dwelling will meet all residential development requirement of the Zoning Ordinance. I The strict enforcement of the specific regulation will result in a practical difficulty or unnecessary physical hardship I inconsistent with objectives of the Zoning Ordinance. , There are exceptional and extraordinary circumstances and � conditions applicable to the property involved which do not apply generally to all other residential properties in the i City. ' Staff recommends approval of the subject project variance for I the reduction of lot area and front setback. � 4. Conditions of Aporoval � The improvements as proposed, subject to the conditions I recommended by the Site Plan Review Committee, will not have i a negative effect on the values of the surrounding properties or interfere with or endanger the public health; safety or welfare. � 5. Benefits to Communitv I The proposal will assist in upgrading the residential I neighborhood in the area and support the residential goals of � the General Plan. ' � ( � � � 3 j . I i I Y 6. Environmental Assessment The Director of Community Development 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 adopt the attached Resolution, Resolution No. 2577. 1. Finding that the Conditional Use Permit, Case No. 96-01 and Variance Case No. 96-02, will not have a significant effect on the environment and certifying the Negative Declaration as adequate. 2. Approving Conditional Use Permit No. 96-01 and Variance Case No. 96-02, subject to the stated conditions and requirements. f\wpfiles\redevelp\cuplee � � I � I � I I I I � � � i � � � I I I I � i � I 4 ' I I I Y' RESOLUTION NO. 2577 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT N0. 95-01 AND VARIANCE CASE NO. 96-02 FOR THE CONSTRUCTION OF SIXTY FIVE (65) SINGLE FAMILY, DETACHED, DWELLING UNITS AT 12615 SOUTH ATLANTIC AVENUE, IN THE R-3 (MULTI-FAMILY RESIDENTIAL) ZONE LYNWOOD� CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public hearing on the subject application; and WHEREAS, the Planning Commission, considered all pertinent testimony offered at the public hearing; and WHEREAS, based on an initial study, the Planning Commission determined that the project would not have a significant adverse effect on the environment therefore the project qualifies for a mitigated negative declaration pursuant to the California Environmental Quality Act and State CEQA Guidelines; and WHEREAS, a Conditional Use Permit is required for development in the R-3 zone; and WHEREAS, the project is consistent with the intent of the General Plan in that the subject site is designated Multi-Family; Section 1. The Planning Commission hereby finds and determines as follows: I 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, I 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 I zoning regulations and site plan submitted to the Site i Plan Review Committee. D. The granting of the Conditional Use Permit will not adversely affect the General Plan. E. The proposed development will add favorably to the � housing stock and will provide additional affordable I priced housing in concert with the policies of the Housing Element of the General Plan and with the i State of California Housing and Community Development � (HCD). F. The proposed development will aid in aesthetically upgrading the area and will act as a catalyst in fostering other quality developments. i Section 2 The Planning Commission further finds and , determines as follows: A. The strict or literal interpretation and enforcement of I the specific zoning regulations would result in � practical difficulty or unnecessary physical hardship inconsistent with the objectives of the City Zoning I Ordinance. � , I 1 i I I I I B. That there are exceptional or extraordinary �` circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone. C. The strict or literal interpretation and enforcement of the specific regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. D. That the granting of the Variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the same zone. E. That the granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Section 3. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Conditional Use Permit Case No. 96-01 and Variance Case No. 96-02, provided the following conditions are observed and complied with at all times. % COMMUNITY DEVELOPMENT DEPARTMENT i " 1. The proposed development shall comply with all applicable I regulations of the Lynwood Municipal Code, the Uniform � Building Code and the Fire Code. I 2. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Community I Development Department, Planning Division, for review of said Conditional Use Permit. i 3. The applicant shall meet the requirements of all other City � Departments. , i 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 i prior to issuance of any building permits. i I i REDEVELOPMENT AGENCY CONDITIONS I 5. The current site plan requires the closure of Olanda Street I between Atlantic Avenue and Cookacre Avenue to be incorporated into the project. This area shall be used for � guest parking and a private driveway. I 6. At least eight (8) units in the project are restricted to i purchase by persons or families of low- and moderate-income, as defined'in Section 50093 of the California Health and � Safety Code. ' 7. Prior to issuance of any development permits related to the � project, the developer shall enter into an Agreement with ; the Lynwood Redevelopment Agency which shall include unit ' price, phasing, outreach methods, deed restrictions and sale � of units to target income households, financing, and other � affordability methods. � i 8. Required affordable units shall be provided in accordance I with the approved Disposition and Development Agreement ("DDA"). � i f:\reso2577 I i f . 2 � � I I 1 9. The developer shall undertake an outreach program for the ' purpose of notifying potential target income households of the availability of affordable units. Said program shall be in a form and of a duration acceptable to the City. 10. There shall be no physical differentiation between required affordable and other units, including exterior treatment and design. 11. The developer shall contract with the Los Angeles County Housing Authority or an organization approved by the City of Lynwood to screen potential buyers to ensure that they meet target income group criteria. 12. The applicant shall submit a monthly sales report indicating the status and locations of dwelling units intended for low and/or moderate income residents or senior citizens, and further indicating which units are for sale, if combined in the same proposal. Said reports shall be submitted until all low and/or moderate income units are sold. 13. Applicant shall enter into an agreement suitable for recordability in the office of the County Recorder of Los Angeles County, as a covenant running with the land, for the benefit of the City of Lynwood, indicating the number of I dwelling units and also specifying the number of years that i said dwelling units will be continuously available for use ' by low and/or moderate income persons or senior citizens, I subject to the approval of the Agency Attorney. � The availability of dwelling units designated for low and/or i moderate housing shall be effective for a period of not less than fifteen (15) years. If a low to moderate income I household family or senior citizens are occupying the unit � at the expiration of the fifteen (15) year period, this I agreement shall be extended to a term of fifteen (15) years, pursuant to State requirements. i 14. The developer shall give the City the continuing right-of- I first refusal to purchase.or lease any or all of the � designated units at the fair market value. 'I 15. The deeds to the designated units shall contain a covenant I stating that the developer or his/her successor in interest � shall not sell, rent, lease, sublet, assign, or otherwise I transfer any interests for same without the written approval I of the City confirming that the sales price or rental I schedule of the units is consistent with the limits established for low-and moderate-income households and senior citizens, which shall be related to the Consumer I Price Zndex. I 16. The City shall have the authority to enter into such other � agreement with the developer and with the renters or I purchasers of the designated dwelling units, as may be ' necessary to assure that the required dwelling units are i continuously occupied by eligible households. i i PLANNING DIVISION CONDITIONS � 17. The applicant shall contact the U.S. Post Office (Lynwood � main office) to establish the location of mail boxes serving � the proposed development and shall install a directional sign and directory at the main entry on Atlantic. I 18. 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. I 19. Construction shall commence within (6) months from date � of issuance of building permits. I I s � I ' i , ti 20_ The site shall be developed to a maximum of sixty five (65) dwelling units. Eight dwelling units (8) shall be set aside and designated as low-income units and/or moderate- income units. 21. Landscaped areas shall total a minimum of twenty-five (25�) percent of the totaT lot area. 22. '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 permit�. 23. 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) 24" box trees for each 500 square feet of ' landscaped areas. , 24. The private front, rear,'and side yards sha13 be landscaped and shall consist predominately of plant materials except . for necessary walks, drives and £ences. The applicant shall provide a minimum of 9,100 sq. ft. of active recreation area consisting of the center recreation area and two tot lots in the project. The recreation areas shall include recreation equipment such as a barbecue, benches and tables, children's � _ play apparatus and appropriate landscaping. All recreation equipment and final recreation plan must meet with the approval from the Director of Community Development prior to . installation. 25. Each unit shall be developed with an attached two (2) car garage. The project will provide for nineteen (19) guest parking spaces on site. Each space shall be a min. of 9x20 ft. and clearly marked on the site. Guest parking stalls sha11 be reserved for guests only. Overnight parking shall' � be prohibited. Parallel parking shall be prohibited throughout the site. The private streets throughout the project shall be maintained clear at all times. The repairing of vehicles and the maintaining of inoperable vehicles in the guest parking area shall be prohibited. . Covenants, Conditions and Restrictions (CC & R's) shall be established and implemented to include the parking and other provisions deemed appropriate for the project. 26. A six (6') foot high perimeter decorative block wall shall ' - be installed from the sidewalk along Atlantic Avenue and Cookacre Street and five (5') foot high redwood fences shall - be installed within"the development to separate the private • spaces allocated to each unit. � 27. Setbacks requirements per lot shall be prescribe pursuant ta- plans approved by the Director of Community Development and the Building Division. 28. 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. 29. Before any building permits shall be issued, the developer. shall pay $1.72 per square foot for residential buildings to , the Lynwood Unified School District, pursuant to Government Code Section '53080. . 30. All driveway and parking areas shall be paved with special paving treatment provided per approved site plan. " 31. Acoustical construction materials shall be used throughout the units to mitigate street noise to the standards and satisfaction of the Building and Safety Division. f:\reso2577 � - � � ' � , 4 32. The roof shall be constructed with a non-reflective material • including tile roof or concrete tile and other similar roofing material that is not reflective, glossy, or polished and/or rolled-form type metal roofing, subject to the review ' and approval of the Building Official. 33. Residential structures shall have an exterior siding of Masonite, brick, stucco, wood, concrete, or other similar material other than the reflective glossy, polished and/or rolled-formed type metal siding, subject to the review and approval of the Community Development Department. 34. All front yard setbacks must be measured from inside the - street dedications. 35. Prior to obtaining a building permit, the design of the exterior elevation of the building must be approved by the Director of Community Development or his/her designee. . 36. The Developer shall submit a Trash Collection Plan to the satisfaction of the Community Development Director. The ` Trash Collection Plan must adhere to the requirements of the contracted waste disposal company for the City of Lynwood. ' 37. 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. 38. The applicant shall submit elevation drawings to the Planning Division showing the exterior building design, ' including the specification of colors, and materials. ,'.' 39. All security fences, grills, etc. shall be architecturally compatible with the design of the subject and adjacent ' buildings. In addition, no security fences, grills, etc. shall be installed without the prior written approval of the Director of Community Development. 40. Air conditioners, heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanical devices shall be located within the rear yard or street side yard of corner lot. Such equipment shall be screened from surrounding properties and streets and so operated that they do not disturb the peace, quiet and comfort of neighboring residents, in accordance with the City's Noise Ordinance 41. The existing property shall be cleaned and maintained in sanitary condition. pending construction and sha11 be maintained in a neat and orderly manner at all times. Failure to comply, may result in revocation of the Conditional Use Permit. 42. The final project design shall be subject to review and ' approval of the Director of Community Development. 43. A cover sheet of approved conditions must be attached to plans prior to submission to the Building and Safety Division. 44. Entity will maintain a pro-active approach to the elimination of graffiti from the structures, fences and any . ' accessory building, on a daily basis. 45. For.the purpose of providing heating for any dwelling � proposed, only energy efficient forced air furnaces shall be used. The use of any wall £urnace is expressly prohibited. 46. Each unit shall be separately metered for all utilities so that each unit could be appropriately billed for such utility use. . � fi\reso2577 � . � � . � 5 y 47 A list of proposed street names shall be submitted to the • City for review and approval by the Director of Community Development prior to the installation of any street signs. 48 A copy o£ the Covenant, Conditions, and Restrictions (CC & R,'s) governing the operation and maintenance of all landscape, common area, and active recreation areas shall be ' submitted to the City. Said (CC & R's) shall be reviewed and approved by the Director of Community Development and City ; Attorney prior to issuing building permits. PUBLIC WORKS ENGINEERING DEPARTMENT , 49. Gradinq and Draininq 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 prior to the issuance of any grading permit. 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. Retaining walls and other protective measures may be required. Off-site drainage easements may be necessary. The structural section of all parking areas shall be designed bp 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 Geological/SOils report signed by a Registered Soils Engineer. 48. Sewers The development shall be provided with public sewers. � Connect to public sewer. Provide laterals as necessary. Design of all sanitary sewers shall be approved by the Director of Public Works/City Engineer. 49. Water Svstems The Developer shall construct a water system including water serv-ices, 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 Park Water Company will install water meters. The Development shall install on-site water - facilities including stubs for water meters and fire hydrants on interior and on boundary arterial streets. All conditions of the Lynwood Fire Department must be met prior to recordation of the Tract Map. 50. Public Easements and Riqht-of-WaY ` Dedicate a five (5) foot wide strip of property along - Cookacre Street to accommodate the widening of Cookacre- Street. 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. � � � f:\reso2577 . � � � 6 51. Sidewalks ' Design, configuration arid locations shall be sub�ect to the , approval of the Director of Public Works/City Engineer, and the Director of Community Development. Ramps for physically handicapped persons shall be provided both on-site and off- site as required by State and local regulations. 52. Dust Control and 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 and Public Works. 53. The Developer shall install all public improvements, as required by the Director of Public Works/City Engineer prior to issuance of any occupancv permits for this development. S4. Submit and record a Tract Map/complying with all Map Act requirements. 55. Vacate Olanda Street/Pay vacation fees. (Provide utility easements as necessary; construct necessary improvements to - accommodate the vacation) 56. Provide a traffic study to address vacation on Olanda Street ' and development generated traffic prior to construction of any improvements. Implement improvements generated by traffic study. - 57. The project site is in 100 yr. flood zone. Finished floor elevation is required to be 1 foot above flood elevation per the Federal Emergency Management Agency Flood Insurance Rate Map. . 58. Connect to public sewer, pay Los Angeles County"Sanitation District fees. Construct sewer laterals as necessary. 59. Crack seal and slurry seal Cookacre Street between Olanda Street and McMillan Street. Construct new curb,.gutters, °pavement and sidewalks and relocate catch basin, fire hydrant, etc. to accommodate widening of Cookacre Street. 60. Repair damaged sidewalks, curb and gutters and adjacent , pavement along the perimeter of the site. Fill in parkways along Atlantic Avenue (construct full width sidewalks). 61. Close all existing driveway approaches that are not to be used. 62. Construct new driveway approaches per A.P.W.A. standards. ' 63. Construct six (6) wheelchair ramps. (Locations to be determined by Public Works City's Inspector. 64. Install six (6) marbelite street lights per City standards with underground services and conduits. 65. Plant 52 street trees (Eucalyptus Trees) (24" box) with tree wells and covers along Cookacre Avenue and Atlantic Avenue. 66. Remove existing utility poles on-site and on eastside of ° Cookacre Street, relocate and underground all utilities. - �� . f:\reso2577 � . 7 67. Modify/install pavement markers/striping to accommodate left . tu=n pocket on Atlantic Avenue for development property entrance. 68. Provide adequate fire flows and necessary fire hydrants per Fire Department's requirements. : 69. Connect to Park Water Company's water system/comply with Park Water Company improvements, easement, etc. requirements. 70. Provide design of the street improvement/widening plan, street light plan, etc. for all the required improvements. 71. Pay engineering permit and plan checking fees. 72. Developer must comply with City Ordinance 1415 estabTishing storm water and urban runoff pollution prevention control i.e., 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 73. Provide for utilities, i.e., gas, telephone, cable, electricity, etc. Comply with utility Company's- requirements, easements, etc. Underground these utilities. , 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, r resulting from improvements or work. The Director of Public Works/City Engineer will determine amount and form. Deposit with the Director of Public Works/City Engineer before commencing any improvements, a sum estimated by the Director of Public Works/City:Engineer to cover cost of inspection of all improvements under his jurisdiction. FIRE DEPARTMENT 74. Provide approved smoke detectors for each unit. � 75. Provide approved portable fire extinguisher within 75 feet, travel distance. 76. Post "NO PARKING SIGNS" in driveway. 77. If security bars are placed on bedroom windows, they shall , meet requirements of the U.B.C. Sec 1204. 78. If security gates are installed on premises, the locking mechanism shall be of the type that does not require a key „ or any special knowledge to exit premises. Also, provide a Knox box at entrance, contact Bureau of Fire Prevention for " information. • 79. Provide a minimum 150 feet 4 inch (150' 4") dry fire line. (Obtain specific requirements from Fire Department.) , f:\heso2577 � 8 -, � Section 4. 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 Chicots, Director Michele Bea1 Bagneris , Community Development Department Deputy City Attorney ° � � f:\resolutn\reso257� � 9 , J . . . .: ., .. . � , : , .. . . .. . .. . � . (�. . . . . :- -_I Z��' � 6t>ai . J_ ;;,..u. . < <... ..� T � / .. ' � _ e `' J � �' , . - '�: • y , ��---J �� 9 s� i�� 1 . a � � �- o i _ u Q . � . � � \ _ a , ,c � . — '. VE. N � ATLANTIC _�5..,,., AVE. � - � i o °- ;1 � , : � . . , � . 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