HomeMy Public PortalAbout03-14-95 PLANNING COMMISSION .�S
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AGENDA
- LYNWOOD CITY PLANNING COMMISSION
REGULAR MEETING - 7:30 P.M. � � .
city xall Council Chambers R E EIV E D
11330 Bullis Road, Lynwood, CA CI OFLYNWOOU I
CITY CLERKS Of�ICE
March 14, � 1995 h�AK C A IS:�
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7i8i9in�11i1Z�li2i��4i5�6
Carlton McMiller . -�
Chairperson C �n
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Errick Lee Donald ove �
Vice Chairman Commissioner
Eloise Evans Frankie Murpkiy
Commissioner Commissioner
Jamal Muhsin John Haynes
Commissioner Commissioner
C O M M I S S I 0 N C O U N S E L•
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Michele Beal Bagneris '
Interim Deputy City Attorney �
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STAFF: � I
Gary Chicots, Director Robert Diplock '
Community Development Department Planning Manager ;
Art Barfield Louis Omoruyi �
Associate Planner Associate Planner j
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L�ouis E. Morales, Jr. Paul Nguyen
Associate Planr.er Civil Engineer Assoc. '
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March 14, 1995
OPENING CEREMONIES
1. Call meeting to order.
2. Flag salute.
3. Roll call of Commissioners.
4. Certification of Agenda Posting.
5. Signing of corrected minutes for the October 11, 1994,
November 8, 1994, December 13, 1994 and January 10, 1995
Planning Commission Meeting.
CONTINUED PUBLIC HEARING:
1. VARZANCE CASE N0. VAR 34
Applicant: Manuel Simental
PROPOSAL•
The applicant is requesting a Variance from provisions of the
2oning Ordinance in order to reduce the required parking for
a proposed restaurant from 23 parking spaces to 13 parking
spaces at� 10320 Long Beach Boulevard, in the C-3 (Heavy
Commercial) zone. This case was continued from the February
14, 1995 Commission meeting in order to allow the applicant to
redesign his project to more effectively meet required
parking. I
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RECOMPIENDED ACTION:
„ Staff respectfully requests that, after consideration, the j
Planning Commission authorize the withdrawal of Variance Case
No. 34 from the Planning Commission agenda. j
2. VARIANCE CASE NO. 32
Applicant: Matthews Redwood/Four Seasons Outdoor Products �
PROPOSAL• �
The applicant is requesting a Variance to retain existing �
barbed wire along the top of an existing chain link fence �
along East Imperial Highway and barbed wire and concertina
wire on the top of an existing chain link and corrugated wire
fence along Fernwood Avenue and Beechwood Avenue in the M �
(Industrial) zone, Lynwood California. j
The Planning Commission continued this item from their �
November 8, 1994 meeting and requested that staff investigate
possible alternatives to the material or design of the barbed
and concertina wire fence top.
RECOMMENDED ACTION:
Given the complexities of potential liability and the
questionable benefits of permitting 'razor and concertina wire �
in industrial areas, staff respectfully requests that, after
consideration, the Commission deny this request. �
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REGULAR ORDER OF BUSINESS:
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REGULAR ORDER OF SUSINESS:
l. CONDITZONAL USE PERMIT CASE NO. CUP 139
, Applicant: Watts Health Foundation, Inc.
PROPOSAL:
To provide for Planning Commission review of the Applicant's
compliance with Conditions of Approval for CUP 139,
establishing a Women and Children Residential Rehabilitation
Center, at 3598 Martin Luther King Jr. Boulevard in the H-M-D
(Hospital, Medical, Dental) zone.
RECOMMENDED ACTION:
Staff respectfully requests that after consideration,' the
Planning Commission authorize the issuance of a Certificate of
Occupancy for the portion of the facility currently in
operation (Phase I) and direct staff to review the operation
of the facility in six months and report back to the
' Commission at its September, 1995 meeting.
COMMENTS•
PUBLIC ORALS
COMMISSION ORALS
STAFF ORALS
* Drive approach at,11590 Bullis Road
* Report On Owner/Builder Requirements in Building Code
ADJOURNMENT
Adjourn tb the regular meetinq of the Planning Commission on April
11, 1995 at 7:30 p.m., in the City Hal� Council Chambers, 11330
Bullis Road, Lynwood, California. •
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DATE: March 14, 1995
v
T0: PLANNING COMMISSION
i /� FROM: Gary D Chicots, Director (�'
Community Development Department-ti'��
. BY: Robert Diplock, Planning Manager
SUBJECT: Variance Case No. 34
Applicant: Manuel Simental.
Proposal• '
The applicant has requested a Variance from provisions of the
Zoning Ordinance in order to reduce the required parking for a
proposed restaurant from 23 parking spaces to 13 parking spaces
at 10320 Long Beach Boulevard, in the C-3 (Heavy Commercial)
Zone. This case was continued from the February 14, 1995
Commission Meetinq in order to allow the applicant to redesign
his project'to more effectively meet required parking.
Facts
, 1. Status of Variance: �
As sugqested by the Planninq Commission, the applicant has
scaled back the outdoor seating area to a size that matches
the amount of parking that can be provided. Excess area was
redesigned to be an order/pickup area.
Since the restaurant now meets the Zoning Ordinance
requirements for parking; a variance is no longer necessary.
Since the project now meets all conditions and ordinance
requirements, Staff has approved Mr. Simental's improvement
plans, the plans have been checked, and a building permit has
been issued.
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RECOMMENDATION
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Staff respectfully .requests that, after consideration, the j
Planninq Commission authorize the withdrawal of Variance No. 34
from the Planning Commission Agenda.
ATTACHMENT I
1. Letter of withdrawal I
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February 28, 1995
Art Barfield, Planning Associate
Planning Division
City Hall Annex
11330 Bullis Road �
Lynwood, CA. 90262 �
RE: Status of Variance 34.
Dear Mr. Barfield:
I would like to withdraw my application•for Variance 34 from the
Planning Commission Agenda. I no longer need a variance because
I meet the City parking requirements. '
Sincerely,
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nuel Simental D ������
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FEB 2 8 1996
CITY OF LYNWOOD I
CONfM. DEV. DEPT• ;
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DATE: March 14, 1995
� T0: PLANNING COMMISSION
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FROM: Gary D. Chicots, Director
Community Development Department ��
BY: Robert Diplock„ Planning Manager
SOBJECT: Variance Case No. 34
Applicant: Manuel Simental.
Proposal: '
The applicant has requested a Variance from provisions of the
Zoning Ordinance in order to reduce the required parking for a
proposed restaurant from 23 parking spaces to 13 parking spaces
at 10320 Long Beach Boulevard, in the C-3 (Heavy Commercial)
Zone. This case was continued from the February 14, 1995
Commission Meeting in order to allow the applicant to redesign
his project to more effectively meet required parking.
Facts
1. Status of Variance:
As sugqested by the Planning Commission, the applicant has
scaled back the outdoor seating area to a size that matches
the amount of parking that can be provided. Excess area was
redesigned to be an order/pickup area.
Since the restaurant now meets the Zoning Ordinance
- requirements for parking, a variance is no longer necessary.
Since the project now meets all conditions and ordinance
requirements, Staff has approved Mr. Simental's improvement
plans, the plans have been checked, and a building permit has
been issued.
RECOMMENDATION
Staff respectfully requests that, after consideration, the
Planninq Commission authorize the withdrawal of Variance No. 34
from the Planning Commission Agenda.
ATTACHMENT
1. Letter of withdrawal �
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February 28, 1995
Art Barfield, Planning Associate
Planning Division
�ity Hall Annex
11330 Bullis Road
Lynwood, CA. 90262
�E: Status of Variance 34.
��ear Mr. Barfield:
I would like to withdraw my application•�or Variance 34 from the
Planning Commission Agenda. I no longer need a variance because
I meet the City parking requirements.
Sincerely,
,M�u���
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. nuel Simental D ������
F�B2a�
CITY OF LYNWOOD
COMM. DEV. DEPT.
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DATE: March.l4, 1995
T0: PLANNING COMMISSION
FROM: Gary D Chicots, Director ; �
Community Development Department��
BY: Robert Diplock, Planning Manager
- SUBJECT: Variance Case No. 32 �
Applicant: Matthews Redwood/Four Seasons Outdoor
Products •
PROPOSAL
. The applicant is requesting a Variance to retain existing barbed
wire along'the top of an existing chain link fence along East
, Imperial Highway and barbed wire and concertina wire on the top
of an existing chain link and corrugated wire fence along
Fernwood Avenue and Beechwood Avenue in the M(Industrial) zone,
Lynwood, California. .
The Planning Commission continued.this item from their November
8, 1994 meeting and requested that Staff investigate possible
alternatives,to the material or design of the barbed and
� concertina wire fence top. ,
' FACTS
l,. Source of AuthoritY:
Section 25-26 of the Lynwood Municipal Code permits a
Variance to be obtained from the Planning Commission when
there are special circumstances applicable to the property
and when strict application of the Zoning Ordinance deprives
such property of privileges enjoyed by other property in the
vicinity and under identical zoning classification.
2. Property Location and Size
The site is located on the south side of E. Imperial Highway
at Fernwood Avenue and Beechwood Avenue (see the attached
location map). The subject property is a generally
rectangular shaped lot, approximately 43,650 square feet in
size.
_ 3. Existing Land Use
The subject site'is currently developed as a wood products
factory. The surrounding land uses are follow:
North - Commercial
- Soutti - Industrial
East - Industrial
West - Industrial �
ANALYSIS:
1. Project Characteristics
The applicant is requesting approval of a variance to keep
tioth concertina and barbed wire on top of existing fences and
gates on Beechwood and Fernwood Avenues and barbed wire on
� a fence along East Imperial Highway in order to protect
property aqainst repeated break-ins, theft and damage to
fence, gates and buildings. i
2. Code Enforcement Action �i
The applicant was cited by the City's Code Enforcement ;
Division since Section 25-16.6e prohibits the use of barbed �
�.;ire and c�oncertina wire on fences in non-residential zones. �
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Mr. Matthews voluntarily removed the concertina wire along
' Imperial Highway because he feels that traffic from the
Justice Center �aill discourage break-ins along the Imperial
Highway frontage of the property. However, he wishes to
retain the barbed wire on the fence for additional security.
There is very little traffic along Fernwood and eeechwood
Avenue portions of the property. It is this area where most
of the recent break-ins have occurred and Mr. Matthews wants
to retain both concertina and barbed wire along these
frontages. •
3. Compatibility
The existing fences are compatible with the Industrial use of
the property, particularly along Imperial Highway. However,
the fences along Fernwood and Beechwood have a number of
� heavy add on metal screens along with the concertina wire
that make the fencing obtrusive and unattractive. The fences
have only limited visibility from the freeway or Imperial
Highway, so the visual impact is limited.
4. Outdoor Storaae
The Commission, at its last meeting, asked about control on
outside storage in Manufacturing zones, particularly
- stacking of materials and products against or adjacent to
fences.
The City Zo'ning Ordinance only controls the location of
stored materials. "Outside storage..... shall be located only
to the rear or side of the main building......".
Cal OSHA does have some general guidelines that they enforce.
Essentially the regulations state that "the stacking and
storage of materials and products should be conducted in a
safe manner, and should not pose a hazard to workers". They
will respond to a complaint or will provide a consultation if
requested by the business owner.
5. Possible Alternatives
Staff called neighboring cities of Compton, South Gate, Los
Angeles, and Huntington Park, to find out if the use of
barbed wire and concertina ��ire is permitted on fences. In
those cities, concertina and barbed wire are not permitted,
except for the City of Los Angeles. The City of Los Angeles
permits the use only in the Industrial zone. One fence
installer stated that Gardena and Hawthorne also prohibit
such wire.
Staff has discussed security fencing and possible alternative
to barbed wire, razor ribbon or concertina wire with four
fence companies, one of which advertise a speciality in
"security systems". .
Three of the companies stated that barbed or razor wire was
the best deterrent for the lowest price. One installer
expressed concerns over owner liability if someone gets hurt I
climbing over such wire. He stated his company makes the
property owner sign,a liability release for the installer. �
This was also the case with a second company, but the i
installer pointed out that he had never heard of a case ,
against a property owner. He did agree that the liability was
there, and suggested that one of the reasons that so many j
cities are prohibiting this kind of wire is to protect �
themselves from law suits. �
Most agreed that installing the wire horizontally below the i
top of the ience would reduce the visibility som'ewhat
particularly if you had some sort of opaque material along
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the top one foot of fence. However part of the reason for
. razor wire is that it is visual deterrent to,the casual thief
so businesses want it as visible as possible.
other alternatives that were mentioned were expanded metal or
standard diamond mesh with smaller openings. These are more
difficult to cut or climb, but are more expensive.
One installer gave the following estimates for material only:
razor wire $3.00 per lin. ft.
standard chain link (2" mesh) $5.00 -$6.00 per lin. ft.
diamond mesh (3/8" mesh) $12.40 per lin. ft.
Another installer estimated that 1" mesh cost 4 to 5 times as
much as 2" mesh installed. However, as one pers'on pointed
out, you should save some money on �iability insurance, and a
great deal of money if you avoid a lawsuit.
6. FindinQ Required for Grantina a Variance
Staff has previously stated that the required findings for
granting a Variance cannot be made for this request (see
previous staff report).
7. Environmental Assessment
The Community Development Director has determined that the
project is Categorically Exempt pursuant to State CEQA
Guidelines as amended, Section 15303b.
8. Conclusions•
It appears,to staff that we have two options:
1. retain the existing ordinance restriction and deny
this variance request.
2. direct staff to prepare an amendment to the
, ordinance permitting barbed wire and razor wire
, under certain conditions.
A major concern with option 2 is the potential for liability.
� The City Attorney has suggested that one of the conditions of
permitting the use of barbed or razor wire is that the
applicant be required to sign a"hold harmless" statement,
and to carry a certain amount of liability insurance that
would also include the City as a third party.
Other conditions that should be included in any ordinance
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1. Application for and aproval of a Conditional Use
' Permit.
• 2.. Demonstration by the applicant of need, because of
numerous break ins, highly valuable or hazardous
products.
3. Concertina or razor wire only on fences over Sft.
in height (to reduce hazards to workers or casual
,. fence climbers) ,
4. Concertina or razor wire only permitted
horizontally below the top of the fence (to reduce
visibility).
5. Concertina or razor wire permitted only in
industrial zones, and not visible from major
arterial streets.
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The Commission may wish to consider permittinq barbed wire �
• along major arterial streets in industrial areas.
RECOMMENDATION
Given the complexities of potential liability and the .
questionable benefits of permitting razor and concertina wire in
industrial areas, staff respectfuily requests that, after
consideration, the Commission deny this request.
Attachments
1. Location Map
2. Site Plan
3. Letter of Justification
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"O" FQUR SEASONS OUTDOOR PRODUCTS
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October 3, 1994
� . Robert Diplock
City o
11330 Bullis Road
Lynwood, CA 90262
Subject: Variance Regarding Bazbed Wire & Concertina Wire
Dear Mr. Diplock, '
We will have removed the concertina wire along our Imperial Hwy. fence by Friday, October'7, 1994.
However, we need to keep the ba�bed wire on the Imperial fence and both the concertina wire and bacbed wire
along our Beechwood and Fernwood fences.
The reason we need to keep both types of wire on Beechwood and Femwood, and the barbed wire on Imperial
is that over the last 12 months we have reported 14 break-ins to the Lynwood sheriff. See copies of the repoRs
attached. T6ey did catch 2 peopla ia May going over our Imperial fence, both were convicted In addition, we
have had ai least another dozen break-ins where the loss was less thaa 550., and we did not repoR them.
In total, these break-ins cost us over $7000. in lost properhy and another $5000. in damage to feuces, gates and
buildings. Now, you can add another $1075. for the variance fee. We are too small a company to afford 24
hour security. Without the wire, it will be open season on ouc plant. This would force us out of Lynwood,
along with the 60 people we employ.
I feel a bit safer in taking down the concertina wire on lmperial simply berause of more sheriff�affic due to the
new justice center. But, along Beechwood and Femwood, there is no riaffic. Wa need to keep our pmtectioa
Our fence is not visibte from the freeway. We have taken all precautions we can to protect our facility with a
guard dog, extia lighting, double lock gates and equipmant veulta.
We are a civic minded company. We Lava been at this locatioa for 35 yeais. We have been chamber of
comme�ce members for 10 yeazs. I peisonally served on tho chamber for a number of years, one as
vic�president in 1989 and as president in 1990. We have suppo�ted the rotary, St. Francis, and various other
city functions over the yeazs. We try to kcep our plant clean and in good appeacance, as'you saw on yoar visit.
We need to have the city grant this vatiance, or we wil[ be robbed right out ofthe city. Thank you for your
afteniion to this matter, and the time you given to our problem. Should you l�ave any questions, please, feel
free to call me.
Sin� e�re�Y.
Bo�� atthews,
_ President, Maithews/Fou� Seasons
2934 East Imperial Hwy • P.O. Box 248 • Lynwood, CA 90262
(800) 755-1757 • Ph. (310) 638-0493 • Fax: (310) 537-0979
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DATE: November 8, 1994
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T0: PLANNING COMMISSION . .,' ' `''" /�
FROM: Gary D Chicots, Director � V� R tr�,�
Community Development Department
BY: Robert Diplock, Planning Manager
SUBJECT: Variance Case No. 32
Applicant: Matthews Redwood/Four Seasons Outdoor
Products
Proposal•
The applicant is requesting a Variance to retain existing barbed
wire along the top of an existing chain link fence along East
Imperial Highway and barbed wire and concertina wire on the top
of an existing chain link and. corrugated wire fence along
Fernwood Avenue and Beechwood Avenue in the M(Industrial) zone,
Lynwood, California.
Facts
1. Source of Authoritv: � �
Section 25-26 of the Lynwood Municipal Code permits a
. Variance to be obtained from the Planning Commission when
there are special circumstances applicable to the property,
and when strict application of the Zoning Ordinance deprives
such property of privileges enjoyed by other'property in the
vicinity and under identical zoning classification.
2. Prooertv Location and Size
The site is located on the south side of E. Imperial Highway
at Bellinger, Fernwood and Beechwood Avenues (see the
attached location map). The subject property is a generally
rectangular shaped lot, approximately 43,650 square feet in
size.
3. Existing Land Use •
The subject site is currently developed as a wood products
factory. The surrounding land uses are follow:
North - Commercial '
South - Industrial
East - Industrial
West - Zndustrial
4. Land Use Description
The General Plan designation for the subject property is
Industrial, while the Zoning ClassiPication is M. The
surrounding land use designation and zoning are as follows:
General Plan Zoning
North - Commercial C-3
South - Industrial M
East - Industrial M
West - Industrial M
5. Proiect Characteristics
The applicant is requesting approval of a variance to keep
both concertina and barbed wire on top of existing fences and
,' gates on Beechwood and Fernwood Avenues and barbed wire on
a fence along East Imperial Highway in order to pratect
property against repeated break-ins, theft and damage to
fence, gates and buildings (see attached plot plan).
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, The applicant was cited by the City's Code Enforcement
Division since Section 25=16.62 prohibits the use of barbed
wire and concertina wire on modified fences in non-
residential zones. In addition, the same section prohibits
, the continued use of such materials on existing fences after �
� September 1, 1994.
Mr. Matthews voluntarily removed the concertina wire along
Imperial Highway since he feels that traffic from the Justice
Center will discourage break-ins along the Imperial Highway
frontage of the property. However, he wishes to retain the
barbed wire on the fence for additional security.
There is very Tittle traffic along Fernwood and Beechwood
Avenue portions of the property and this side of the
property is only partly visible from Imperial Highway or the
Century Freeway. It is this area where most of the recent
, break-ins have occurred and Mr. Matthews wants to retain both
concertina and barbed wire along these frontages.
6. Site Plan Review
At its regular meeting on October 26, 1994, the Site Plan
Review Committee evaluated the proposed Variance and
recommended denial to the Planning Commission. The Committee
determined that the modification of an existing fence by,
„ adding concertina wire is prohibited, and that the use of
barbed and concertina wire on existing fences and walls is
prohibited as of September 1, 1994. The committee believes
that the necessary findings for qranting a variance cannot be
met.
7_ Zoninq Enforcement History
The Code Enforcement Divisiori cited the property owner for .
the illegal concertina wire on fences around the perimeter of
the property on July 7,1994.
8. NeiQhborhood Response '
None of record at the time of preparation of the staff .
report.
ANALYSIS AND CONCLUSION:
1. Consistency with General Plan and Zonina
The existing land use is con5istent with the existing zoning
classification M and the General Plan designation of
Industrial. The existing fence does not comply with the
requirements of the Zoning Ordinance relating to permitted
materials:
2. Site Suitabilitv
The property is adequate in size to accommodate existing
development.The lot is standard and meets current
development standards relative to structures, parking, walls,
- driveways and other feature required by the Zoning Ordinance.
3. Compatibilitv
. The existing development is surrounded by a mixture of
industrial and commercial development and, therefore, is
compatible with the surrounding land uses.
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The existing fences are compatible with the Industrial use of
the property, particularly along Imperial Highway. However,
the fences along Fernwood and Beechwood have a number of
' . heavy add on metal screens along with the concertina wire
that make the fencing obtrusive and unattractive . The fence
have.only limited visibility from the freeway or Imperial
Highway, so the visual impact is limited.
4. FindinQ Reauired for Granting a Variance
Staff believes that the required findings for granting a
Variance cannot be made for this request.
• The applicant is not being deprived of a xight that is
enjoyed by others in similar circumstances. No one in non-
residential zones has the right to use barbed or concertina
wire. Granting this variance appears to be a grant of
special privilege.
The strict and enforcement of the specific regulation would
not result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of the Ordinance.
There are alternative ways to increase the height of the
fence and gate so that wire would not be necessary.
There are no exceptional or extraordinary circumstances or
conditions applicable to the property involved which do not
apply generally to all other manufacturing properties in the
City.
5. Environmental Assessment
The Community Development Director has determined that the
project is Categorically Exempt pursuant to State CEQA
Guidelines as amended, Section 15061b (3).
RECOMMENDATION
, Staff respectfully requests that after consideration the Planning
Commission deny this request. _
Attachments
1. Location Map
2. Site Plan
3. Letter of Justification
4. Resolution
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MATTHEWS REDWOOD � � �
FOUR SEASONS OUTDOOR PRODUCTS .
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October 3, 1994
Robert Diplock
City of Lynwood
L 1330 Bullis Road
Lynwood, CA 90262
Subject: Vaziance Regazding Bacbed Wire & ConceRina Wire
Deaz Mr. Diplock,
We w�ll have removed the concertina wire along our Imperial Hwy. fence by Friday, October 7, 1994.
How�ever, we nred to kzep che barbed wire on the Imperial fence and both the concertina wire and barbed wire
along our Beechwood and Femwood fences.
The reason we need to keep both rypes of wire oa Beechwood and Femwood, and the bazbed wire on Imperial
is thaz over the last 12 months we have reported 14 break-ins W the Lynwood sheriff. See copies of the repoRs
attached. They did catch 2 people in May going over our Imperial fence, both were convicted. In addition, we
have had at least another dozen break-ins where the loss was less than 550., and we did not repoct them.
In total, these break-ins cost us over $7000. in lost propeRy and another 55000. in datriage to feaces, gates and
buildings. Now, you caa add another $10'15. for the variance fee. We aze too small a company co aft'ord 24
hour security. Without the wire, it will be opea season on our plant. This would fo�e us out of Lynwood,
along with the 60 people we employ.
I feel a bit safer in talong down the concertina wire on Imperial simply because of more sheriff trattic due co che I '
new justice center. But, along Beechwood and Femwood, there is no tiaffic. We need to keep our protectioa I
Our fence is not visible from the frceway. We have taken all procautioos we can to protect our facility with a �
guard dog, exha lightiag, double lock gates and equipment vauits.
We aze a civic minded company. We have been, at this location for 35 yea�s. We have been chamber of �
commerce membe�s for 10 yeazs. I peisooally served on the chamber for a number of years, ooe av j
vice-president in 1989 aad av ptesident in 1990. We have suppoRed the mtary, St. Ftaacis, and various other '
city functions over the yeazs. We try to keep our plaat clean and in good appeacance, aa you saw on your visit
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We need to have the city ytant this vaciance, or we will be robbed right out of the city. Thank you for your �
attention to this matter, and the time you givea to our problem. Should you have any questioat, please, fed '
free to call me.
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Bob Matthews, �
President, Matthews/Four Seasons �
2934 East Imperial Hwy • P.O. Box 248 • Lynwood, CA 90262 I
(800) 755-1757 • Ph. (310) 638-0493 • Fax: (310) 537-0979 ;
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RESOLUTION NO. 2529
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LYNWOOD APPROVING A
VARIANCE REQUEST (CASE N0. 32) TO RETAIN
EXISTING BARBED AND CONCERTINA WZRE ALONG
THE TOP OF EXISTING GHAIN LINK FENCES
ALONG EAST IMPERIAL HIGHWAY, FERNWOOD,
AND BEECHWOOD AVENUES, IN THE M
(MANUFACTURING) ZONE, LYNWOOD
CALIFORNIA. �
WHEREAS, the Planning Commission of the City of Lynwood,
pursuant to law, held a public hearing on the subject
application; and
wHEREAS, the Planning Commission has carefully considered
all pertinent testimony offered at the public hearing; and
WHEREAS, the project is consistent with the intent of the
General Plan in that the subject site is classified as
Industrial and zoned M (Manufacturing);'and
WHEREAS, the Community Development Director has determined
that no substantial environmental impact will result from the
proposed variance; therefore, a Negative Declaration has been
filed in the Community Development and the Office of the City
Clerk.
Section 1. The Planning Commission of the City of
Lynwood hereby finds and determines as follows: '
A. The strict or literal interpretation and enforcement �
of the specific regulation would result in practical difficulty �
or unnecessary physical hardship inconsistent with the i
objectives of the City Zoning Ordinance.
B. That there are exceptional or extraordinary
circumstances or conditions applicable to the property involved I
which do not apply generally to other properties in the same i
zone. i
C. The strict or literal interpretation and enforcement �
of the specified regulation would deprive the applicant of �
privileges enjoyed by the owners of other properties in the same
zone. �
D. That the granting of the Variance as conditioned will �
not constitute the qranting 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.
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F. That the granting of the Variance will not adversely
affect the orderly development of the City. �
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Section 2. The Planning Commission of the City of i
Lynwood, based upon the aforementioned findings and the
determinations, hereby approves Variance Case No. 32, subject to
the following conditions: �
COMMUNITY DEVELOPMENT DEPARTMENT �
1. The existing development shall comply with all applicable . ;
regulations of the Lynwood Municipal Code, the Uniform
Building Code and the Uniform Fire Code.
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2. Any proposed subsequent modification of the variance,
+ subject site, or structures thereon, shall be first
reported to Director of the Community Development for
review and approval.
3. The applicant and/or his representative shall sign a
Statement of Acceptance stating that he/she has read,
understands, and agrees to all conditions of this approval
prior to issuance of any building permits.
PLANNING DZVISION
4. The owner of the site shall maintain a pro-active approach
to the elimination of graffiti from the structures, fences
and any accessory building, on a daily basis.
5. A cover sheet of approved Conditions must be attached to
plans prior to submission to the Building and Safety
Division.
6. The existing property shall be maintained in sanitary
condition and in a neat and orderly manner at all times.
Failure to comply may result in revocation of the approved
Variance.
PUBLIC WORKS/ENGZNEERING DEPARTMENT
The Department of Public Works and Engineering found no cause to
establish conditions for this request.
FIRE DEPARTMENT '
The Fire Department found no cause to establish conditions for
this request. '
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Section 3. A copy of this resolution shall be delivered to i
the applicant. �
APPROVED and ADOPTED this day of November , 1994, �
by members of the Planning Commission voting as follows:.
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AYES: I
NOES: I
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ABSENT:
ABSTAIN: �
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Carlton McMiller, Chairperson
APPROVED AS TO CONTENT: APPROVED AS TO FORM: �
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Gary D. Chicots, Director Michele Beal Barneris �
Community Development Dept. Deputy City Attorney
f:�resolucn\reso2528 '
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DATE: March 14, 1994
TO: PLANNING COMMISSION
FROM: Gary C. Chicots, Director, Community Development
BY: Robert Diplock, Planning Manager
SUBJECT: Conditional Use Permit - Case No. CUP 139
Applicant: watts Health Foundation Inc.
PROPOSAL: '
To provide for Planning Commission review of the Applicant's
compliance with Conditions.of Approval for CUP 139, establishing
a Women and Children Residential Rehabilitation Center, at 3598
Martin Luther King Jr. Boulevard in the H-M-D (Hospital, Medical'
Dental) zone.
BACKGROUND:
On July 12, 1994, at their regularly scheduled meeting, the
Planning Commission held a public hearing to prepare Conditions of
Approval for CUP 139 and adopted those conditions at a special
meeting on July 26, 1994.
One of the Conditions of Approval (No. 27) requires Planning i
Commission review of the Conditional Use Permit every six (6) i
months.
REVIEW AND ANALYSIS: I
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Staff visited the project site on March 06, 1995 and toured the j
facility with Mr. Sidney Gibson, Vice' President for Facility �
Development and Ms. Romaine Edwards, Project Manager. The exterior
of the building has been painted and roof repaired. Landscaping has �
been installed, except for the street trees along Norton Avenue. �
The parking area has been striped and 2 handicapped space have been i
provided. One space doubles as a van loadinq area. I
Approximately 1/3 of the interior has been renovated with new i
flooring install, walls painted and wood railings refinished along
the walls. Administrative offices and treatment rooms have been set �
up and two bathrooms have been modified for handicapped use. The �
main kitchen is nearly completed and the Project Manager indicated
that the emergency generator is working. Two emergency exits have ;
been installed. �
The manager stated that currently there are 10 women in residence
with 9 children. They hope to be in full operation in two months. �
The first 4 clients have graduated from the program. i
Building Code improvements have been signed off by the Building �
Inspector and the Fire Department requirements were approved by the
Fire Department when a temporary Certificate of Occupancy was i
granted. The Fire Inspector toured the f�cility on March 07, 1995
and indicted that Department requirements had been met. �
Staff review indicates that most conditions have been complied � i
with. There are a few additional conditions to be met: �
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No.6. Install all landscape improvements, including �
the street trees as per City requirements in the I
park��ray strip along the building frontage on i
Norton Avenue. � '
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No.8. Provide new business sign and obtain sign permit per �
City of Lyncaood Municipal Code. �
No.11. At least tvio (2) on site parking spaces shall be
reserved and marked for visitors only. �
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Code Enforcement/Complaints: ,
The Code Enforcement Division reports no complaints or enforcement
actions since occupancy by the Idatts Health Foundation. The City's "
Central Complaint Office also reports no complaints.
Conclusion:
The [��atts Health Foundation project seems to be moving along fairly
well although slower than first anticipated. The exterior and
interior improvements looks good and meet City 'requirements. The
remaining conditions are relatively minor and the Facility Vice
President indicted that a new sign will be installed shortly.
The operation appears to be running smoothly with no complaints
from the neighbors or the qeneral public. However, the parking area
currently in full with a 12.5o client load. Staff expects parking
problems under full operation (c,�ith 80 clients instead of 10). I,
RECOMMENDATION: ,
Staff respectfully requests that after consideration, the �
Planning Commission authorize the issuance of a Certificate of I
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Occupancy for the portion of the facility currently in operation
(Phase I) and direct staff to review the operation of the facility i
in six months and report back to the Commission at its September
1995 meeting. �
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Attachment: �
1. Resolution No. 2501 �
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r � � RESOLUTION N0. 2501`
• A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LYNWOOD
APPROVING CONDITIONAL USE PERMIT N0.139
FOR THE ESTABLISHMENT OF A WOMAN AND
CHILDREN RESIDENTIAL REHABILITATION
i CENTER ZN AN EXISTING VACANT CONVALESCENT
I HOSPITAL AT 3598 MARTIN LUTHER KING JR.
1 BOULEVARD IN THE H-M-D (HOSPITAL,
MEDICAL, DENTAL) ZONE, LYNWOOD, CA. 90262
WHEREAS, the Lynwood. Planning Commission, pursuant to law,
On June 12, July 12, and July 26, 1994 conducted a publlc hearing
on the subject application; and
WHEREAS, the Planning Commission considered all pertinent ;
testimony offered at the public hearing; and !
WHEREAS, the Dire�ctor of Community Development has �
determined that the proposal is categorical exempt from the ,. i
provisions of the CEQA Guidelines Section 15061b (3) as amended;
and
WHEREAS, a Conditional Use Permit is required for the !
establishment and operation of a Residential Rehabilitation �
Center in an area designated as Commercial under the General Plan i
and in the H-M-D (Hospital, Medical, Dental) zone. ;
Section 1. The Planning Commission hereby finds and
determines as follows:
A. The site of the proposed use is adequate in size and �
shape to accommodate the structures, walls, landscapinq, i
driveways and other development.features required by the
official Zoning Ordinance except for parking. !
B. The propose use, subject to conditions, will not have a �
negative effect on the value of surrounding properties
or interfere with or endanger the public, health, safety i
or welfare.
C. The site will be developed pursuant to the conditions �
stipulated in the current zoning regulations and as per
the site plan submitted and reviewed by the Site Plan I
Review Committee. �
D, The qranting of the Conditional Use Permit (CUP 1J9) �
will not adversely affected the General Plan. '
E. The proposed development will aid in upgrading the area ,
and wil.l act as catalyst in fostering other quality
health care development. �
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Section 2. The Planning Commission of the City of Lynwood,
based upon the aforementioned finding and determinations, hereby �
approves Conditional Use Permit, Case No. 139, provided the �
following conditions are observed and complied with at all times. i
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t\ reso l utn\ reso2501 .1 �
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COtKMUNITY DEVELOPMENT DEPARTDiENT
General
1. The proposed development shall comply with all applicable
regulations of the Lynwood Municipal Code, the Uniform
Buildinq Code and the Uniform Fire Code.
2. Any proposed subsequent modification of the subject site,
use, or structures thereon, shall be first reported to the
Community Development Department, Planning Division, for
review and approval.
3. The applicant and/or his representative shall sign a
I � 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.
I REDEVELOPMENT DIVISION
4. The development shall be of a quality and character which is
compatible with and harmonizes with existing development in
the H-M-D (Hospital-Medical zone. I
5. The main entrance to the primary building should provide for �I
independent access to the physically impaired.
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6. Submit a Landscape Plan to provide landscape improvements �
along the building frontage and parking strip. Install all
landscape improvements, including street trees as per City ;
requirements in the parkway strip along the building ,
frontage on Norton Avenue. �
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7. Repaint building frontage along Martin Luther King Jr. i
Boulevard and Norton Avenue and the building exterior I
facing the alley. �
8. Provide new business sign and obtain sign permit per City of �
Lynwood Municipal Code. �
9. Provide improvement plans for approval by the Director of i
Community Development or his designee prior to initiating
any improvements to building facade. i
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PLANNING DIVISION -'
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10. Provide fiftaen (15) parking spaces.on site, and one space !
reserved for van loading and unloading. The van space shall �
be so located along the alley that the van will not block I
the sidewalk when backing out of the van parking spaces. ,
11. At least two (2) on site parking spaces shall be reserved �
and marked for visitors only. �
12. Provide one handicapped space within the 15 on-site spaces.
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13. No persons other than Applicant's employees or agents may i
come to the aite to pick up "uppar level" client. I
14. No client shall bring or maintain a vehicle on the site. �
15. Applicant's stafP shall not occupy mora than thirteen (13) �
parking spaces on the eite at any time. I
16. Applicant shall ensure that personnel, in addition to the . I
van's driver, direct and guide the parking and maneuvering .;
of Applicant's van when it is in the process of parking, ,
loading or unloading passengers at the site.
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17. Fifteen per cent (15�) of Applicant's caseload will be
reserved for residents of the City of Lynwood.
18. No more than fifty (50) adult clients may be located at the
site.
19. Owner/applicant shall comply with the program quidelines as
submitted and shall request the modification of the
Conditional Use Permit in the event of change or expansion
of the program or approved use.
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20. owner/applicant shall complete all exterior improvements to
I� the property within six (6) months from date of issuance of
j building permits.
��� 21. The parking aisle width shall be a minimum of.twenty-five
(25') feet. Exits from the parking area shall be clearly
posted with stop signs.
22. Subject building shall be accessible to the handicapped.
! 23. On-site lighting shall be installed along all vehicular
access ways and major walkways. Such lighting shall be
directed onto the driveways and walkways within the
development and away from adjacent properties.
24. Entity will maintain a pro-active approach to the
elimination of graffiti from the structures, fences and any
accessory building, on a daily basis.
25. There shall be a periodic review of the applicant's I
compliance with all of the requirements, (Resolution No.
2501), at a time specified by the Director , but in no event I
longer than 6 months. I
26. The applicant or his/her successor in the interest shall I
provide evidence of good-faith compliance with all the
requirements at the time of said review. I
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27. .This conditional use permit will be reviewed by the Planning '
Commission every (6) months. '
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28. Any violation of said conditions in this resolution may ,
result in revocation of the Conditional Use Permit by the �
• issuing body at a regularly scheduled meeting. ;
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BUILDING DZVISION
29. All tenant improvement shall comply with local codes and !
ordinance, including the energy requirements and handicapped
and ambulatory access requirements of Title 24.
FIRE DEPARTMENT �
30. The emergency generator shall be repaired to the 1
satisfaction of the Fire Department. �
31. Any Pire alarm and smoke detector systems failure shall be ;
repaired to the satisfaction of the Fire Department. �
32. Replace portable fire extinquishers as needed and service �
ones that are on site.
33. Provide approved Hood Protection System in the kitchen hood. �
(dry chemical). ,
34. Fire sprinkler system shall be serviced. ;
35. Fire alarm panel shall show zone for kitchen area.
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Section 3: A copy of the Resolution No. 2501 and its
conditions shall be delivered to the applicant:
APPROVED AND ADOPTED this 26th day of J.uly, 1994, by
members of the Planning Commission, voting as follows:
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�, AYES : COMMZSSIONERS McMILLER, DOVE, MURPHY, LEE, MUHSZN
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,'f��
I� ABSENT : COMMISSIONERS HURLEY, EVANS
ABSTAIN : NONE �
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Errick R. Lee Chairperson
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
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Robert Diplo Michele Beal Bagne s
Planninq Manager Deputy City Attorn
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