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Home My Public Portal About08-08-95 PLANNING COMMISSION � �; AGENDA LYNWOOD CITY PLANNING COMMISSION REGULAR MEETING - 7:30 P.M. �jl ' /� � Ll, �1L�d'"._ w a� — City Hall Council Chambers P, ��; ;� ��,! C� 11330 Bullis Road, Lynwood, CA CITY C` LY":':JO;::J I CITY .^.LFP,�;:; 0�� I�E _ August 8, 1995 .._, . _ , : � A4� Pi� 7�8�9i1Dillil2i1,2 3i4i5,6 Carlton McMiller , �� ' � Chairperson �� , � �` ��i�lr��t�,-� �'' �--- Errick Lee Donald Dove � Vice Chairman Commissioner Eloise Evans John Haynes Commissioner Commissioner Jamal Muhsin Jamina Barnes Commissioner Commissioner I � � C O M M I S S I 0 N C O U N S E L: Michele Beal Bagneris Deputy City Attorney STAFF: _ .. I Gary Chicots, Director Robert uiplock Community Development Depariment Planning Manager Art Barfield Louis Omoruyi Associate Planner Associate Planner � Louis E. Morales, Jr. Paul Nguyen Associate Planner Civil Engineer Assoc. I � / I f:�upfiles�aug95 � 1 ' � I k � y August 8, 1995 OPENING CEREMONIES 1. Call meeting to order. 2. Flag salute. 3. Roll call of Commissioners. ' 4. Certification of Agenda Posting. CONTINUED PUBLIC HEARING: l. REVIEW OF STATUS OF CONDITIONAL USE PERMIT CASE NO. CUP 152 Applicant: Eliu & Solio Saucedo REOUEST• As directed by the Commission, Staff is requesting Commission review of applicant's compliance with the Conditions of Approval contained in Conditional Use Permit CUP 152. This CUP, legalizing the operation of an auto repair center and tire sales facility, was approved at the regular Commission meeting of November 8, 1994. RECOMMENDED ACTION: Staff respectfully requests that the Planning Commission, after consideration: 1. rescind Conditional Use Permit 152. 2. direct staff to request that the City Manager suspend the Business Licenses for the auto repair facility and the body and fender shop at this address and set the required hearing by the City Council to determine the length of suspension. 2. CONDITIONAL USE PERMIT CASE NO. CUP 67R Applicant: City of Lynwood PROPOSAL• Staff is requesting that the Planning Commission consider revoking Conditional Use Permit No. 67 (CUP 67) that allows the operation of an automotive repair shop at 10700 Atlantic Avenue, in the C-3 (Heavy Commercial) zone. RECOMMENDATION: Staff respectfully recommends that, after public testimony and consideration by the Commission, the Planning Commission revoke Conditional Use Permit No. 67. 3. ZONING ORDINANCE AMENDMENT CASE NO. ZOA 95-04 Applicant: City of Lynwood PROPOSAL The City of Lynwood is proposing to amend sections of the Zoning Ordinance to add three new categories of permitted automotive related uses, "New Car Dealership", "Minor Auto Servicing and Repair" and "Auto Tire Sales and Service", and to limit the number of commercial zones where new major automotive repair, tire sales and other auto related businesses can locate. 2 ,. .� , RECOMMENDATION: Staff respectfully requests that after consideration, the Planning Commission adopt the attached Resolution No. 2554: � 1. Certifying that the project will not have a significant effect on the environment and that a Negative Declaration has been issued pursuant to the provisions of the Califarnia Environmental Quality Act and State CEQA Guidelines. 2. Approving Zoning Ordinance Amendment No. ZOA 95-04 with any changes that may be recommended by the Commission and recommending City Council adoption of Zoning Ordinance Amendment ZOA 95-04. NEW PUBLIC HEARING: 4. CONDITIONAL USE PERMIT CASE NO. CUP 95-09 Applicant: Sawai Tongkul PROPOSAL: The applicant is requesting approval of a Conditional Use Permit in order to develop a single family residential dwelling, with an attached two (2) car garage on a lot with an existing single family dwelling at 11050 Virginia Avenue, in the R-2 (Townehouse/Cluster Housing) zone. RECOMMENDED ACTION: Staff respectfully requests that, after consideration, the Planning Commission adopt the attached Resolution No. 2556: 1. Certifying that the project is Categorically Exempt from the provisions of the.California Environmental Quality Act per State CEQA Guidelines as amended under Section 25061b(3). 2. Approving Conditional Use Permit, Case No. 95-09, subject to the stated conditions and requirements. ' S. ZONE CHANGE CASE NO. ZC 95-01 Applicant: City of Lynwood PROPOSAL• The City of Lynwood is requesting approval of a Zone Change to rezone all excess property owned by the State Department of Transportation (CalTrans) in the right of way along the north side of the Century Freeway (I-105), between the fence line and Fernwood Avenue, extending from Long Beach Boulevard for approximately 20 blocks to Wright Road from "unzoned designation" to "CF" (Community Facility). An associated application, GPA 95-03, is also being proposed to redesignate the same property to "open Space". RECOMMENDED ACTION: Staff respectfully that after consideration, the Planning Commission adopt the attached Resolution No. 2557: 1. Certifying that the project will not have a significant effect on the environment and approving the Negative Declaration pursuant to the provisions of State CEQA Guidelines. 2. Approving Zone Change ZC 95-01 and recommending City Council adoption of the proposed Zone Change. 3 f � 6. GENERAL PLAN AMENDMBNT CASE N0. GPA 95=03 Applicant: City of Lynwood PROPOSAL• `The City of Lynwood is requesting approval of a General Plan Amendment to =ehange the General Plan Designation of all property owned by the State Department of Transportation (CalTrans) in the riqht of way along the north side of the Century Freeway (I-105) and between the fence line and Fernwood Avenue extending from Long Beach Boulevard for approximately 2o blocks to Wright Road from "Transportation" to "Open Space". An associated application, ZC 92-01, is also , being proposed to rezone the same property to CF (Community Facility). RECOMMENDED ACTION: Staff respectfully request that after consideration, the _ Planning Commission adopt the attached Resolution No. 2557: 1. Certifying that the project will not have a significant effect on the environment and approving the Negative Declaration, pursuant to the provisions of State CEQA Guidelines. ' 2. Approving General Plan Amendment 95-03 and recommending City�Council adoption of the General Plan Amendment. 7. ZONING ORDINANCE AMENDMENT CASE NO. ZOA 95-06 Applicant: City of Lynwood ' PROPOSAL• The City of Lynwood is proposing to amend Zoning ordinance Sect. 25-16.6 Fences and Masonry Walls to prohibit fences in the 20 ft. front yard setback in the R-1 (Single Family Residential) zone except under special situations, to add fence design standards in residential areas, to clarify regulations and application procedures and to make related minor changes. Staff respectfully requests that after consideration, the ' Planning Commission adopt the attached Resolution No. 2559: 1. Certifying that the project will not have a siqnificant effect on the environment and that a Negative Declaration has been issued pursuant to the provisions of the California Environmental Quality Act and State CEQA ' Guidelines. 2. Approving Zoning Qrdinance Amendment No. ZOA 95-06 with any changes that may be recommended by the Commission and recommending City Council adoption of Zoning Ordinance Amendment ZOP. 95-06. REGULAR ORDER OF BUSINESS: STAFF COMMENTS: PUBLIC ORALS COMMISSION ORALS STAFF ORALS ADJOURNMENT Adjourn to the regular meeting of the Planning Commission on September 12, 1995 at 7:30 p.m., in the City Hall Council Chambers, 11330 Bu11is Road, Lynwood, California. . � � f:\wpfiles\misc\aug95 4 'S �'t I . . '.- - . . !"'� � ' '..�� ' '�.i ��;Ilv �ii; - `;'(` ' I , DATE: ( August 08, 1995 `' - `� �/��d-�� TO: PLANNING COMMISSION �^ FROM: Gary Chicots, Director �- Community Development Departmen SUBJECT: Review of Compliance with Conditions Contained in Conditional Use Permit CUP 152 Applicant: Eliu and Solio Saucedo Request• As directed by the Commission, Staff is requesting Commission review of applicant's compliance with the Conditions of Approval contained in Conditional Use Permit CUP 152. This CUP, legalizing the operation of an auto repair center and tire sales facility, was approved at the regular Commission meeting.of November 08, 1994. Back At the last Planning Commission meeting, July 11, 1995, the Planning Commission gave Mr. Saucedo 30 days to comply completely with all the conditions of approval contained in CUP 152. Evaluation of Compliance with Conditions of Approval- Staff inspected the site on August 03,1995 at 2:30 P.M. The following are conditions of CUP 152 that still remain to be complied with: Cond. l0. FIO damaged or wrecked vehicles shall be stored on site. There were 3 severely damaged vehicles on site that were not being worked on. They were parked in three parking stalls that were supposed to be provided for customers, They apparently had been i there for several days since they were covered with a heavy coating of dust, I Cond. 11. All damaged vehicles awaiting repair shall be I effectively screened.... ' i The three cars mentioned above were clearly visible from the � street. � Cond. 13. Applicant/tenant shall provide adequate vehicular � circulation .... There shall be no automotive repairs � parking or storage in the driveways .... � Four cars were parked in the left side of the driveway leading in � from Imperial Highway. They were parked behind the wrecked cars, � one extending out into the sidewalk. Two cars and a truck were � parked on the right side of the drive area and a van was parked ' adjacent to the drive area leading to State Street. However, there ' was one lane open and it was possible to drive through the site. I Cond. 19. There shall be a minimum of nine off street parking � spaces ... ; The area designated for parking on the site plan was covered by the � three wrecked cars, a van and a second van parked at an angle I taking up two spaces. No parking spaces were available for customers except at the area used by the tire dealer. � ' i Cond. 20. A parking space for the handicapped shall be provided. i A BMW was parked in the spaces designated for handicapped. It did ' not have handicapped designations. ' �i ; � i � xt During the last several staf£ inspections,including the last one, the tire sales business on this lot has kept its area free of wrecked cars and generally in a neat and orderly condition. It is the auto repair and body and fender shop that are not complying with requirements. RECOMMENDATION: Staff respectfully requests that the Planning Commission, after consideration, l. rescind Conditional Use Permit 152. 2. direct staff to request that the City Manager suspend the Business Licenses for the auto repair facility and the body and fender shop at this address and set the required hearing by the City Council to determine the length of suspension. ATTACHMENT: l. Location Map 2. 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TU ` ` � /Ndti�� d /i i p � °, ro ^ y ��aJCp� � IOtlqa1J. 1 1 � ./9 „ Jn-.. �: �, '�-�\ ^ '/!J�$10 ..iQ\ �G�S _� 1j` j ��'`� \- \ti i � � �1�� y '.,.. �� l /i�rli) �� . �4.�t.�� '� g ; \ \�B lluvd� � �In � 4 �'�?i' 7 ii�rj�� , . �� S � �� /7 /J 1� 3T !) i .._4 � � Jy z . , I� � '� \ /� 6 e e }- ��f`�l? '/q3L�j ' i. r i� • J � � A t ` 3 'n s�� . A\\ �\ �� /� � T l l,�[� i Ji :N: �, . �`n bu. �U» cASE No. � � , ::� t • RESOLUTSON N0: 2528 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT N0. 152 FOR THE DEVELOPMENT AND OPERATION OF AN EXISTING AUTO REPAIR CENTER IN THE C-3 (COMMERCIAL) ZONE, AT 2991 EAST IMPERIAL HIGHWAY, LYNWOOD, CALIFORNIA. WHEREAS, the Planning Commission of the City of Lynwood pursuant to law, conducted 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 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 the Office of the City Clerk; and WHEREAS, the project is consistent with the intent of the General Plan in that the subject site is classified Commercial and zoned C-3; Section 1. The Planning Commission hereby finds and determines as follows: A. That the granting of the proposed Conditional Use Permit will not adversely affect the General Plan. ' B. That the proposed location of the Conditional Use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located. C. That the proposed location of the Conditional Use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or ' improvements in the vicinity; D. That the proposed Conditional Use Permit will comply with each of the applicable provisions of the Zoning Ordinance as stated in the conditions below; Section 2. The Planning Commission of the City of Lynwood approves the proposed project subject to the following ' conditions: COMMUNITY DEVELOPMENT 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, the Uniform Building Code and the Uniform Fire Code. 2. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Community Deveiopment Department, Planning Division, for review. 3. The applicant, or his representative, shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to the conditions stated herein before any building permits are issued. 1 i PLANNING DIVISION 4. This permit shall become void one hundred twenty (120) days after the use permitted has been abandoned or has ceased to ,. be actively exercised, unless extended. 5. The applicant shall contact the U.S. Post Office (Lynwood main office) to establish the location of mail boxes serving the proposed development. 6. All work shall be conducted entirely within an enclosed building for each of the businesses.operating on site except that tires may be repaired and installed outside of a building. 7. Provide a trash receptacle to be stored in an area that is enclosed on three sides by a solid masonry wall and equipped with a latched gate. ' 8. Daily operating hours shall be from 7:00 a.m. to 6:00 p.m. Monday through Friday, Saturday 7:00 a.m. to 7:0o p.m. and Sunday 9:00 a.m. to 6:00 p.m. . 9. Any artificial light shall be reflected away from adjoining properties. ' l0. No damaged or wrecked vehicles shall be stored on site. No portion of the site shall be used for vehicle storage unless they are vehicles awaiting repair. 11. All damaged vehicles awaiting repair shall be effectively screened from view from any public street or highway or adjoining properties by'the existing masonry wall and landscaping. 12. On-site traffic circulation and parking shall be developed. in such a manner that ingress and egress accesses are separated or channeled so that conflicting traffic movements are minimized. 13. The applicant/tenant shall provide adequate vehicular circulation so as not to create traffi,c problems. There shall be no automotive repairs or parking or storage of damaged/wrecked vehicles in the driveways at any time. 14. Open storage of materials, products and equipment shall be completely concealed from view of vehicular and pedestrian traffic by an architectural barrier approved by the Community Development Department Director or his/her designee. , 15. All signage must be reviewed and approved by the Planning, Building and Redevelopment Divisions including evaluation of compatibility with building color scheme, lettering style and size of sign. 16. All necessary permits and licenses shall be obtained prior to operation. Landscaping 17. No less than 5% of the total site, excluding lot area " dedicated to public right-of-way, shall be landscaped. Any additional landscaping shall be approved by the Community Development Director prior to installation. 18. All planter areas fronting perimeter walls must be landscaped and permanently maintained. Trees, shrub, and ground covers are to be trimmed regularly, with all planted area kept free of weeds and debris. 2 ,� All plantings are to be kept in a healthy and growinq condition. An automatic sprinkler or irrigation system shall be provided and maintained in working condition. 19. There shall be a minimum of nine (9) offstreet parking spaces including one (1) handicap parking space. Each off-street parking space shall not be less than twenty (20) feet in length and nine (9) feet in width, exclusive of access driveways or aisles, except.as noted below: 20. A parking space designed for the handicapped shall be provided. This space may be provided as follows: a. Dimensions. The minimum dimensions of each automobile --.- parking stall for the handicapped shall be not less than fourteen (14) feet in width by eighteen (18) feet in length. Said stalls shall be lined to provide a nine (9) foot parking area and a five (5) foot loading and unloading area or; , b. Location. All parking spaces for the handicapped shall be located adjacent to the main entrance of the facility for which the spaces are provided. The parking spaces shall be positioned so that the handicapped persons shall not be required to walk or wheel behind parked vehicles. 21. Prior to the enlarging, modifying, relocating or changing of signs, a permit must be obtained from the Department of : Community Development, Planning Division. 22. 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 and required building permits. � 23. The existing property shall be cleaned and maintained in a neat and orderly manner at all times. Failure to comply may result in revocation of the Conditional Use Permit. 24. A cover sheet of approved Conditions must be attached to any plans submitted to the Building and Safety Division. 25. Any violation of conditions in this resolution may result in revocation or modification of the Conditional Use Permit by the issuing body at a regularly scheduled meeting. CODE ENFORCEMENT 26. The owner and lessees shall maintain a pro-active approach to the elimination of graffiti from any structure, fence or accessory building at the site. Graffiti shall be removed daily by 12:00 noon. 27. Maintenance of sidewalk, parking area, gutters and all surrounding area will be done at least once a day before starting of operation. 28. Parking area will be maintained at all times either by the agent/owner, employees or a commercial parking company. 29. Entity/Agency will not allow/authorize any other uses except those listed in their business license. 30. A trash enclosure shall be provided. Said enclosure shall be able to meet the refuse needs of the establishment. 3 .r 31. Parking areas are not to be used as rental spaces for trucks or automobile. : PUBLIC WORKS DIVISION 32. A permit from the Engineering Division is required for all off-site improvements. 33. Repair damaged sidewalk on State Street & Imperial Highway within six (6) months. _ FIRE DEPARTMENT " 34. Provide approved portable fire extinguisher 40-ABC at 2000 square fee and 50 feet travel (USC 10.303). 35. A parts washing machine is required. (USC 29.103). „ 36. No spark/flame producing or heating appliance/equipment (motor) within 18 feet of floor. Suspended unit heater ok, 8 feet off floor. 37. Used rags sha11 be kept in metal containers with lid, trash in metal container with lid. (UFC 11.201b) 38. Waste oil shall be properly stored (tank or 55 gal.dm) and disposed of. Check hazardous waste manifest. (UFC 29.104). 39. Building over 1000 square feet required two exits. (UFC 3320) " 40. Oxy-acetylene use or arc wielding shall be in safe designated areas, 10-20 feet from combustibles (UFC 49.107) 41. Spray booth required when painting vehicles (UFC Art 45) except small touch-up may be done outside. 42. AQMD permit required. 43. Automatic extinguishing system required in spray booth. 44. 3 feet clear space required around with no storage. 45. Electrical wiring, lamp within booth or within 3 feet of any open must be explosion proof. 46. Spray gun - ventilation system must be interlocked. 47. Manometer required (air flow meter), check reading with fans on. 48. Duct discharge 6 feet from combustibles, 25 feet from wall openings. 49. Used filters may be filled in water filler drum, disposed of as hazardous waste. 50. No built - up paint residues in booth. 51. Flammable liquids must be stored in cabinet, 240 gallons maximum in two cabinets or a separate room. (UFC 79.201e3) 52. No auto spray painting shall be conducted without approved spray booth. GENERAL CONDITIONS 53. The Planning Commission will review the status of compliance with conditions six (6) months. 4 � 1 Section 3. A copy of Resolution 2528 shall be delivered to the applicant. APPROVED AND ADOPTED this day of November,. 1994, 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 D. Chicots, Director Michele Beal Bagneris Community Development Dept. Deputy City Attorney f:\resolutn\reso2528 5 . { � rr a ' � , ! n r. �t jl i' � �`! .. �x� : . e' .�,'� t - �.i4t t� + DATE: August 8 , 1995 �.. r; ,., �-. F . �� ' :j�' . _ �.;:� ; .._. . � ., i ; y ' T0: PLANNING COMMISSION � '~ � � � �. FROM: Gary D. Chicbts, Director � Community Development Department ,/� BY: Robert Diplock, Planning Manager SUBJECT: Conditional Use Permit Case No. CUP 67 R Applicant: City of Lynwood Proposal• Staff is requesting that the Planning Commission consider revoking Conditional Use Permit No. 67 (CUP 67) that allows the operation of an automotive repair shop at 10700 Atlantic Avenue, in the C-3 (Heavy Commercial) Zone. Facts• 1. Source of Authoritv Section 25-25.12 of the Zoning Code allows the Planning Commission to hold a public hearing in order to reconsider, suspense or revoke an approved Conditional Use Permit. 2. Backcfround This case was continued from the 'July 11, 1995 Planning Commission meeting in order to allow the property , owner/operator to comply with Conditions of Approval. The Commission required that a signage program, including an exterior elevation drawing be filed with the Planning Division and that landscaping be completed within sixty (60) days. All other conditions were to be met with thirty (30) . days from the July, meetincj: On August 3, 1995, Staff visited the subject site and determined that the conditions of approval are still not fully met. However, a portion of the illegal signage had been removed and initial steps in developing a landscape area has began. Conditions of Approval yet to be met are Conditions Nos. 12, 13, 14, 15, 17, 23, 24, 25, and 26. RECOMMENDATION: , Staff respectfully recommends that, after public testimony and consideration by the Commission, the Planning Commission revoke Conditional Use Permit No. 67. ATTACHMENTS: 1. Location Map 2. Site Plan 3. Staff Report, July 7, 1995 4. Resolution No. 2367 1 r � ,. . LOCATION iVIAP ��Tr� �� - �r � , , , is � / / � I/ fi Rf " IOY � ��;, ' • I . w � � � n �o� � , � . ABBOTT R AD ; ? 7I /520Z i •I F `+--'�� I p I Q I f .v� A ido� te . �, � :97'� o��,� , I ti ;� I i �� 4 I I e ? 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E . � , , ;�s e. , , � � � !L ti a 'i ' �. � � � \ ' �, . : -�G: �, 'i.,, ,, � ' . � � � \� . �' r (� ' � � • . I . .,o . �. / � ' ' y'` .�� ' '� . , . . f} � y v ,:rlf , \ �% ` _ `y . ; \ ^+ �. _ � � � - ` �.. � �� DATE: July 11, 1995 ,' TO: PLANNING COMMISSIOI3 FROM: Gary D. Chicots, Director Community Development Department BY: Robert Diplock, Planning Manager SUBJECT: Conditional Use Permit Case No. CUP 67 R Applicant: City of Lynwood Pr000sal• , Staff_is requesting that the Planning Commission consider revoking Conditional Use Permit No. 67 (CUP 67) that allows the operation of an automotive repair shop at 10700 Atlantic Avenue, in the C-3 (Heavy Commercial) Zone. Facts: 1. Source of Authoritv Section 25-25.12 of the Zoning Code allows the Planning Commission to hold a public hearing in order to reconsider, suspense or revoke an approved Conditional Use Permit. 2. Backaround This case was continued from the July 11, 1995 Planning Commission meeting in order to allow the property owner/operator to comply with Conditions of Approval. The Commission required that a signage program and an approved landscape plan be completed and filed with the Commission within sixty (60) days. All other conditions were to be met with thirty (30) days from the July, 1995 meeting. On April 9, 1991, the Planning Commission approved CUP 67 and adopted Resolution No. 2367 allowing the operation of an automotive repair facility at 10700 Atlantic Avenue. On December 6, 1994 and again in January and February, 1995 Staff visited the subject site and determined that conditions of approval were not being complied with. Staff determined that Conditions Nos. 12, 13, 14, 15, 17, 23, 24, 25, and 26 of the resolution are not being met (storing damaged or wrecked vehicles on site, keeping parking area clear, maintaining adequate screening installing required landscaping, maintaining required parking spaces for public use, complying with City signage regulations, and maintaining a clean site). Staff returned to the site for reinspection on June 29, and July 5, 1995. The site condition as cited above still exist. On July 5, 1995, the property owner met with staff to investigate participation in the City Commercial Rehabilitation Program in order to improve conditions of the site. The applicant was informed that Conditions 15, allowing auto repair per plans approved, Condition 17, requiring seven (7%) percent of the site to be landscaped, Condition 24, requiring an approved signage program, and Condition 25, requiring approval for security fences, grills, etc., must first be met before participation in the program. On July 6, 1995, illegal signage had been removed from the site fencing. �f\planning\staffrpt\f:cup67 � 1 -� 3. Property Location The property is located on the east side of Atlantic Avenue, at 10700 Atlantic, in the C-3 (Heavy Commercial) Zone. 4. Probertv Size The subject property is a rectangular shaped lot approximately 12,36o sq.ft. in size. 5. The subject site is flat, aontaining a 1,551 sq. ft. building. The surrounding uses are as follows: _ North - Commercial South - Manufacturing East - Residential West - Commercial 6. Land Use Description General Plan: Zonina: North - Commercial C-3 Heavy Commercial South - Commercial C-3 Heavy Commercial East - Commercial City of South Gate West - Commercial C-3 Heavy Commercial 7. Project Characteristics: The subject property contains a 1,551 sq. ft. one (1) story building on a 12,360 sq. ft. lot. Within the building, a smog facility, work area, and office is housed. The auto use provides towing service. The parking area, containing six (6) parking spaces, is`generally covered with vehicles awaiting repair or in storage. The site is enclosed with an eight foot (8') high wrought iron fence. The site has an approved landscape plan, hbwever, landscaping has not been installed. 8. Zonina Enforcement History The site has had a number of code violations cited against it since October 1. 1990. Due to these violations, on February 12, 1991, Staff informed the owner\applicant that approval of a CUP was required to address the code violations and continue the use. On January 24, 1991 the Commission open the public hearing on the application requesting approval for a auto repair service at the site. The case was continued to the March 12, 1991 meeting in order to allow code violations to be addressed. On March 14, 1991, Staff determined that code violations had been resolved. A CUP was approved for the auto use on April 9, 1991. More recently, on December 6, 1994, Staff revisited the site and requested that the applicant review Conditions for CUP 67. Staff visited the site again in January and February, 1995, and reviewed compliance with specific conditions. - f�planning\staffrpt\f:cup67r � 2 ' A£ter consultation with the owner, on June,l9, 1995, a � public notice was publsshed informing that the Planning , Commission will consider CUP 67 for revocation. 9. Public Resbonse None of record at the time this report was prepared. ANALYSIS AND CONCLUSION: 1. Consistencv with General Plan The proposed land use is consistent with the existing Zoning Classification (C-3) and General Plan designation of Commercial. Therefore, maintaining Conditional Use Permit No. 67, if conditions are met, will be in conformance with and not adversely affect the General Plan. ' 2. Site Suitabilitv The property is adequate in'size and shape to accommodate the existing development relative to structures, parking, walls, fences, landscaping, driveways and other development features required by the Zoning Ordinance. 3. Compatibility The proposed development is surrounded by commercial and residential uses. Residential uses exist to east of the site and are screened by the wrought iron fence and separated from the site by a twenty (20') foot wide ally running behind the site. Therefore, the project will be compatible with the surrounding land uses if conditions of CUP 67 are met. 4. Compliance with Development Standards The proposal meets the development standards required by the Zoning Ordinance with respect to setbacks, lot coverage, building height and density. However, the_._existing project does not meet the Conditional Use Permit requirements for landscaping, limitations for vehicle storage, keeping parking area clear, visibility requirements, signage, and conducting all automotive repair inside a building. 5. Conditions of AAproval The Conditions of Approval under CUP 67 have still not been fully met. As of Staff inspection on July 10, 1995, issues regarding compliance are still unresolved. In addition, the owner/applicant has not submitted a _ landscape plan. 6. Benefits to Communitv The existing development, as operated, does not assist in �. upgrading the surrounding area, and does not support the purpose and intent of the General Plan. 7. Environmental Assessment Actions by a regulatory agency to revoke a permit are categorically exempt under Section 15321 of the State CEQA Guidelines. Therefore, a Notice of Exemption has been " prepared and filed with the County Clerk. � f\planning\staffrpt\f:cup67r 3 . 8. Conclusion As described above, the applicant/owner is still not in compliance with all Conditions of the Use Permit as contained in Resolution No. 2367. RECOMMENDATION: • Staff respectfully recommends that, after public testimony and consideration by the Commission, the Planning Commission revoke Conditional Use Permit No. 67. f:\staffrpt\cup67R � __._ 4 � � � RESOLUTI�N NO. 2367 I A RESOLUTION OF THE PLANNING COMMISSION OF i THE CITY OF LYNWOOD APPROVING CONDITIONAL ' USE PERMIT NO. 67,.AN AUTO REPAIR SERVICE IN � THE C-3 (HEAVY COMI�RCIAL) ZONE, AT 10700 S. � ATLANTIC AVENUE, LYNWOOD, CALIFORNIA. f�IHER811s, th• Planninq Commis4lon of the City of Lynwood pursuant to iav, conduatad a public hoarinq on th� eubjact appliaations and y1 HEREI�.R, Cha Planninq Commiseion has carefully conaidered all pertitfant tastiaony o!l�rsd at the public haaring; and WHEREAS, tha Community Devalopment Director has daterminad that the propoaal ia axampt irom the provisions of the state CEQA Guidelinas Saction 15061 b(3), as amanded; and WHEREJ►S, a Conditional Usn Permit is raquirad tor operation of auto r�pair s�rvia� in th� C-3 (Haavy Commarcial) zone. ,ggction 1. Tha Planninq Commission hereby tinds and d�terminas as lollowss A. The aite o! the proposed use is adaquate in size and ghape to accommodata the structures, parking, walls, lnndscnpinq, driveways nnd other development features rnqui'red by the OPficial Zoninq Ordinanca. H. Tha Btruatur�s, as propossd, subjact to conditions, will not hava a naqative efYect on the values of surroundinq properties or interfere with or endanqer tha public, health, safety, or welfare. C. Tha sita will be developed pursuant to tha current zoninq raqulations and site plan aubmittad to tha Site Plan Raviaw Committee. D. The qrantinq of the Conditional Use Permit will not adversely affect the General plan. � E. Tha propomad devalopment will aid in aesthetically upqradinq tha area and will act as a catalyst in . fosterinq other quality developments. Section 2. The Planninq Commisaion ot tha City oP Lynwood, based upon th� hlorom�ntionad lindinqs and determinationa, hereby approvas Conditiot►al Use Permit, Case No. 67, provided the lollowinq coaditions ara oba�rv�d and compliad with at all timas. . � diskB6:rno2367 � 1 � - / �' . • , l , S.Y... _, ' COMM[7NIT1f D$VELOPMENT 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 o! the subject site or structures thereon, shall be first reported to the Community Development Department, Planninq Diviaion, for review. 3. The applicant shall meet tha requiramants o! all othar City Departments . 4. The applicant, oz his represantativa, 4ha11 siqn a Statement oE Acceptance stating that he/she haa read, understanda, and aqrees to the conditiona stated herein betore any building permita are issued. p •nt?NTN DIVreTON 5. This permit shall become void one hundred twenty (120) days, unlesa extended, after the usa permitted has been abandoned or has ceased to be actively axerciaed. 6. Construction shall commence within six (6) months from date of iasuance of building permits. 7• Bafore any building permits shall be iasued, the davaloper shall pay $.26 per square foot for commercial buildings to the Lynwood UniPied School District, pursuant to Government Code Section 53080. 8. Temporary structuzes are prohibited on the proposed site, unless buildinq permits have been issued. 9. The applicant shall contacf tha U.S. Post Office (Lynwood main office) to establish the location of mail boxes aerving the proposed development. 10. Daily operatinq hours shall be from 7:00 a.m., to 9:00 p.m. il. Reflect artificial light away from adjoining properties. 12. No damaged or wrecked vehicles shall be stored on site. No portion of the site shall be used Por storage unless it is auto repair related activity. 13, on-site traffic circula�ion and parkinq should be developed in such a mannar that inqrass and agresa accesses are saparated or channeled so tha�t conllicting traftic movements are minimized. 14. open storaqe o! materials, producta and aquipmant ahall be completely concealed from viaw o! vehicular and padestrian traflic by an architectural barrisr approved by the Community Development Department Director or his/her designee. 15. The property shall be used solely for auto repair service per plans submitted. disk86:reso2367 � _ 2 � � ,° 16. All necessary permits and licenses shall be obtained prior to operation. Landscaoina 17. No less than 7$ of the total site, excluding lot area dedicated to public right-of-way, shall be landscaped. The landscaping plans shall be approvad by the Community , Development Director prior to installation. 18. The applicant is required to submit a landscape plan drawn by a licensed landscape architect to the satisfaction of the Director oP Community Development prior to any building permit beinq issued. 19. All landscaping 6ha11 be permanantly maintained. Lawn and qround covers are to ba trimm4d or mow�d r�qularly, with all planted area kept free o! weeds and debris. All plantinqs are to be kept in a healthy and qrowing condition. An automatic sprinkler or irriqation syatem shall be provided and maintained in workinq condition. 20. The applicant must provide a trash enclosure with gates on the site of the subject property. The trash enclosure shall be built as per Buildinq Division standards. ` 21. Their shall be a minimum of six (6) parkinq spaces. Each off-street parking space shall not ba less than twenty (20) feet in length and nine (9) feet in width, exclusive oP access driveways or aisles, for required parking, except as noted below: 22. A parking space designed foz the handicapped shall be provided. This space may be provided as lollaws: a. Dimensions. The minimum dimensions of each sutomobile parking stall for the handicapped shall be not less than fourteen (14) feet in width by twenty (20) feet in length. Said stalls shall be lined to provide a nine (9) foot parking area and a Pive (5) foot loading and unloading area or; b. Two (2) spaces may ba provided within a twenty-three (23) foot wide area, lined to provide a nine (9) foot parking area on each side of a five (5) foot loading and unloading area. The minimum length oP each parking space ehall be twenty (20) feat. c. Location. All parking spaces for the handicapped shall be located adjacent to the main ent�ance of the facility for which the spaces are provided. The parkinq spaces shall be positioned so that the handicapped persons shall not be required to walk or wheal behind parkad vehicles. 23. The applicant shall submit elevation drawinqs to the Planninq Division showing tha exterior building da�iqnt including the apecification ot materiala. � di5k86:resd367 3 ...:...-�... _ � � , 2a. All signage must be reviewed and approved by the Planning, Buildinq and Redevelopment Divisions. Further, prior to the installation, display, enlarging, modifying relocatinq or changing of siqns, approval must be obtained from the Planning Division. And a buildinq permit issued by the Building Division. 25. All security fences, grills, etc, shall be architecturally , compatible with the design of the subject and adjacent buildings. In addition, no securlty fences, grills, etc. shall be installed without the prior writtan approval of the Director of Community Development and raquired building permits. 26. The axisting property ahall be clasnad and mnintained in a sanitary condition pending conatruction and shall be maintained in a neat and ordarly mannor at all timoa. Failure to comply may result in revocation of the Conditional Use Permit. 27. Pursuant to Ordinance No, 1319 to insure variat3on and asthetically pleasinq color schemes for buildinqs in Redevelopment areas alonq major City Streets, i.e. Long Beach Blvd., Atlantic Ave., Century Blvd. or Imperial Hiqhway, the exterior or any buildinq or structure shall be painted with a color within a ranqe o! colors approved by , the Community Development Director. 2a. Entity will maintain a pro-activa approach to the elimination of graffiti from the structures, fences and any accessory building, on a daily basis. 29: A cover sheet of approved conditions must be attached to plans prior to submission to the Building and Safe�y Division. 30. Any violation of said conditions in this resolution may result in revocation or modilication of the Conditional Use Permit by the issuing body at a reqularly echeduled meetinq. PUBLIC WORK DEP Rm�tFtam 31. Existinq buildings must be connected to public sewer. 32. Underqround existing utilitias if any modifications are proposed for the electrical service panel. 33. Property is located within the new 100 year flood zona per FEMA Flood Insurance Boundary work map o! April 19, 1989. The Flood leval elevation is 96.s8 loot above mean sea level per Loa Angeles County Road Department Benchmarks, 1975 adjustment. If a new buildinq is constructad or the existing building has !ilty parc4nt (50�) or more remodelinq, then a qrading plan prapared and signed by a reqistered Civil Engineer must ba submittad to the City Public Works Departmant. No Buildinq permits will ba issued prior to the approval of the qradinq plan by the City Engineer. The owner has tha option to build the pad elevation one foot above the flood level zone or siqn a Hold Harmless Letter with the City of Lynwood, if the project is ' done prior to FEMA�s adoption of new Flood Zone map. di sk86: rcso2367 � 4 � � � , 34. Owner must provide documentaEion that the lots composing the property were legally tied together to.the satisfaction of the Public Works Department. After reviewing the documents, the Public Works Department may require the submission and recordation of a parcel map or lot merger. FIRE DEPARTMENT 35. Provide approved fire extinquisher. Type 40 ABC @ 2000 sq. ft. and 50 ft. travel. (UFC 10.303) 36. Provide approved parts washing machina. (UFC 29.103) . 37. No apark/flame producing or heating applicanca/aquipment (motora) within 18" of floor. Suspended unit heaters ok, 8' off floor. (UFC 29.105b) 38. Provide approved containers with lid for used rags, trash must also be kept in metal containers with lid. (UFC 11.201b) 39. Wasta oil must be properly stored (tank or 55 gallon drum) and disposed of. Check hazardoua waste manifest. (UFC - 29.104) 40. Buildings over 1000 sq. ft. require two exits. (UBC 3320) ' 41. Flammable liquids must be stored in cabinet, 240 gallons maximum in two cabinets or a separate =oom. (UFC 79.201e3) Section 3. A copy of Resolution 2367 shall be delivered to the applicant. APPROVED AND ADOPTED this 9th day of April 1991, by membe;s of the Planning Commission voting as follows: � AYES: Mushin, Dixon, Dpve, McMiller Pryor, Willis and Haynes NOES: None ABSENT: None ABSTAIN: None � ohn R. Haynes, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: � di sk86: reso2367 � 5 • . _ _��;: �.:� - -- �._ . .__ v� � . : � _:w:r �» • � � , � . . , ,.:. ; � � Kenri Karefa Johnsan, Director ou as ' rne's � Community Development Department De ty Ci Attorney , disk86:reso2367 � 6 .��. - �,-rv_�..�: � (;. .. y ii' n j.. ",� "'�. ':; �_ j.; , i i.i ; i �� `� f �i1� IY 'N ,' �_� �J 4 � .��. r�.. �� DATE: August 08, 1995 TO: PLANNING COMMISSION FROM: Gary Chicots, Director Community Development Department SUBJECT: Zonina Ordinance Amendment ZOA 95-04, Modifications to Permitted Locations for Automotive Uses and Addition of Three New Use Cateaories, "New Car Dealership. "Minor ' Auto Servicing and Repair" and "Auto Tire Sales and Service". Applicant: City of Lynwood PROPOSAL The City of Lynwood is proposing to amend sections of the Zoning ordinance to add three new categories of permitted automotive related uses, "New Car Dealership", "Minor Auto Servicing and Repair" and "Auto Tire Sales and Service", and to limit the number of commercial zones where new major automotive repair, tire sales and other auto related businesses can locate. FACTS On July 05, 1995, the City Council adopted a moratorium on approval of any new automotive uses and directed staff to review zoning regulations governing automotive uses and prepare recommendations concerning reducing the adverse impacts of excessive or over concentrated automotive uses. ANALYSIS The attached survey, based on issued business licenses, show that, since 1991 there has been a slight decrease in used car sales lots, service stations and auto repair shops in Lynwood. There has been an increase in tire shops and auto supply stores. Overall, there has been a slight reduction in the total number of auto related uses in the City. However, as commercial rehabilitation programs expand on arterial streets and street trees and bus shelters are installed, the adverse visual impact of existing auto uses becomes more apparent. Most new or rehabilitated auto uses that comply with current City standards seem to be acceptable. However, many older uses are poor housekeepers, are inadequately screened and have too many non conforming signs. RECOMMENDATION In order to deal effectively with this problem, the City needs to establish a program that deals with all of the issues in a comprehensive, ongoing manner. Staff is recommending the following actions: 1. minimize impact of new uses a. amend the Zoning Ordinance to restrict new auto uses to areas less visible and more suitable to heavy commercial uses (ordinance attached) b. rezone appropriate portions of commercial strips to zones that do not permit auto repair. c. adopt a minimum distance requirement for auto repair facilities d. investigate possible increased development standards for automotive uses 1 � ,. 2. make existing uses comply with current standards a. continue Planning Commission review of compliance with conditions for those auto related uses that have Conditional Use Permits b. increase Code Enforcement investigation and Fire Department inspections of auto related uses c. investigate requiring a Conditional Use permit where' there are serious ordinance or code violations, or making current standards retroactive (see existing Section 25-16.16 i). d. require sign clearance upon business license - renewal. PROPOSAL . The next step in implementing the above recommendations is to amend the Zoning Ordinance to minimize the impact of new automotive uses. The attached table of existing auto related uses shows that our current Ordinance allows almost all auto related uses in any C Zone. Staff is proposing to amend the Zoning Ordinance to: 1. as suggested by the Planning Commission, adds "New Car Dealership" as a permitted use and allow this use in all commercial zones. 2. adds a definition of "Minor Auto Servicing and Repair" and allows this as a permitted use in the C2-A and C-3 Zone (in order to restrict auto repair activity in these zones). 3. adds a definition of Auto Tire Sales and Service and allows this as a permitted use in the C-3 Zone only (in order to restrict this use to the heavy commercial zone). 5. deletes Auto Repair as a permitted use in the C-2 and C2-A Zones 6. deletes Car Wash, Storage Garage, and Used Car Sales as Permitted Uses in the C-2 Zone. 7. deletes Tire Retreading as a permitted use in the C-2A Zone. These changes are summarized in tYie Table titled "Auto Related Uses - Proposed". The most significant result of these changes will be to restrict new auto repair facilities to the C-3 zone. Unfortunately, this could cause concentration of any new or relocated repair facilities in those areas currently zoned C-3 - along Atlantic Avenue north of the freeway and along Long Beach Boulevard north of Martin Luther King. To preclude this, staff is proposing a distance requirement of 500 ft. between repair facilities (to cause them to spread out) or that the facilities be adjacent to each other (to encourage clustering, unified landscaping and fencing). In addition, the Commission should also consider rezoning some of the current C-3 areas to C-2 or C-2A. Atlantic Avenue, north of the freeway is improving and we should encourage lighter uses. For the September Planning Commission meeting, staff will prepare recommendations on areas to rezone to more restrictive commercial zoning categories. Ordinance sections dealing with service stations and new and used car sales also need some clarification and improved standards. These also will be advertised and presented at the September meeting. Source of Authoritv: Section 25-27.2 of the Lynwood Zoning Ordinance states that a change in zoning regulations may be initiated by the Council, Planning Commission or City Manager. . 2 I ., Propertv Imnacts: This ordinance will af£ect property zoned commercial, with primary impacts on the commercial corridors of Atlantic Avenue, Long Beach Boulevard, and Imperial Avenue. Public Response: As of the writing of this report, staff has received no public inquiries regarding this matter. Environmental Assessment: Necrative Declaration RECOMMENDATION• Staff respectfully requests that after consideration, the Planning Commission adopt the attached Resolution No. 2554: 1. Certifying that the project will not have a significant effect on the environment and that a Negative Declaration has been issued pursuant to the provisions of the California Environmental Quality Act and State CEQA Guidelines. 2. Approving Zoning Ordinance Amendment No. ZOA 95-04 with any changes that may be recommended by the Commission and recommending City Council adoption of Zoning Ordinance Amendment ZOA 95-04. ATTACHMENT 1. Draft Ordinance 2. Resolution No. 2554 - " � f:\wpfiles\planning\zoa9504c.rpt � 3 y. � ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 OF THE LYNWOOD . MUNICIPAL CODE TO ADD MINOR AUTO REPAIR AND TIRE SALES AND SERVICES AS A PERMITTED USE IN CERTAIN COMMERCIAL ZONES AND RESTRICTING OTHER AUTO RELATED USES TO THE C-2A AND C-3 ZONES THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. Chapter 25 of the Lynwood Municipal Code is hereby amended by adding the following definitions to Section 25-2 DEFINITIONS: Section 25-2.1 - "AUto Tire Sales and Service" shall mean an automotive business devoted exclusively to the sale, repair, mounting and balancing of new and used tires for automobile, van and small trucks. Such business may also include wheel alignment but shall not include sale, repair and mounting of tires for busses and trucks larger than standard pickup trucks. "Minor Auto Service and Repair" shall mean auto service and repair limited to tune ups, oil change, transmission servicing, lubrication, minor electrical repair, changing and mounting of tires, wheel alignment, repair or replacement of brakes, mufflers, radiators, alternators, water pumps, batteries and minor components such as fuses and wiper blades. Minor Auto Service and Repair does not include any major auto repair including, but not limited to engine and drive train overhaul or repair. auto dismantling, body and fender work, painting, welding, radiator repair, auto glass , work, reupholstery, battery rebuilding or tire recapping or , retreading. "New Car Dealership" shall mean a business establishment which sells or leases new automobiles, light trucks, �ans and similar motorized transportation vehicles. A dealership also may sell used vehicles and perform minor repair or service of vehicles as an incidental service secondary to new vehicle sales. Section 2: Chapter 25 of the Lynwood Municipal Code is hereby amended by the following additions and deletions: A. Section 25-7b. Permitted Uses. Add the following: 17a. New Car Dealerships B. Section 25-8.1, delete the following sub sections in their entirety: _` __""""__'_ "_ _'__'"___• _'"__ �_� _'"_ _'"'�__ ..�_._... ....] ... .,.�:... /..�r..�.i.i.�..l 4L..�!- �1... ...1-.. �F ....L.......4:.� '1C l/ 'IC .. .. . ... .:....-... � .n....... - + - o ♦i �� _.� ~ . �— � _ �y i � 3�»c� . J1 . OC@r'�� M'e / : .�.1 • .� .. l _+ _ J �. _] � J � ' J �- - . � . ' �eesnd��en�ng e€ ax�e�ne��}es sha�� e—�e�m��e�, e�ee��--�,.�n e��sse� t�—a--��iAg, a�d—{�=��—s�c-��ea�s ��ea�e�—�.a A......1 .. ...d �A �.1.�...�..4 i� '1 C-'1 A /. __ _ . �_.,L._.� �._. _ �y__` __. _ __.._`______ ...., _ _ " _ _ 4 , , ;, B. Section 25-8.1 Use, add the following: 44a. New Car Dealerships C. Section 25-9, add the following: 25-9 C-2A MEDIUM COMMERCIAL ZONE D. Section 25-9.1, add the following: 25-9.1 a. Any use permitted in the C-2 zone plus the followina automotive uses: � 1. Car wash (provided that the recxuirements of subsection 25-16.15 are met). 2. Storaqe aaraae (including repairinq and servicingl' 3. Used car sales area. provided: fa1 that no repair or reconditioning of automobiles shall be permitted, excent when enclosed in a buildinct; and (b1 that such area is located and developed as reauired in subsection 25-16.15. D. Section 25-9.1 b., delete the following: 6, ��-�e �e��a��ng an� �eea��-r�g f�4m��e� �a �}�e E. Section 25-9.1 b., add the following: 6. Minor Auto Service and Reoair F. Section 25-10.1 f., add the following: 11. Tire retreadinct and recappinq flimited to the operation of not more than four (.41 molds). G. Section 25-16.15 b., replace existing "Subsection b. Definitions° with the followingc b. Conditional Use Permit recruired, No automotive uses shall be established, exbanded or relocated within the Citv without securincx a Conditional Use Permit and complyina with the development standards specified in this section and with all other apAlicable requirements and requlations. H. Section 25-16.15 b., reletter existing "Subsection b. Definitions." as follows: "�c. Definitions.° I. Section 25-16.15 c., reletter existing "Subsection c. Development Standards." as follows: "e:d. Development Standards" J. To new Section 25-16.15 d."Development Standards.", make the following corrections, additions and deletions: 4. All vehicles awaiting repair or removal from the site shall be effectively screened from view from any public street or highway or adjoining property by a six foot high walls alonct all property lines, qenerallv �ha� sha'��be constructed of decorative masonry or other approved opaque material or a combination of masonrv and wrouaht iron �ev�e� _ Screen walls alona the front property line shall be set back a minimum of three £eet from the sidewalk and A landscape plan shall be submitted and aobroved by the Director of Community Development. ' 5 II�i ' � 11. a:�: i :� l =�ea€e�ee� masen��-6aa3�s�}e F6-� €ee� �n }�e�gh� --'- , , • -� • , , No automotive use shall be located closer that 500 feet from_any other automotive use, exceot that automotive uses mav be adioinina. Wherever possible, adioinina automotive uses shall be tied toaether throuah common buildina design, buildina color landscapinq and/or shared parkina or entrances. Section 3. The City Clerk is hereby directed to certify to the passage and adoption of this ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the day of , 1995 and finally adopted and ordered published at a regular meeting of said Council held on the day of , 1995. LOUIS BYRD, Mayor City of Lynwood, California ATTEST: Andrea L. Hooper, City Clerk City of Lynwood APPROVED AS TO FORM: APPROVED AS TO CONTENT: William B. Rudell Faustin Gonzales City Attorney City Manager f:\wpfiles\zoa9504c.ord � 6 , ,; RESOLUTION N0. 2554 A RESOLITTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING ZONING ORDINANCE AMENDMENT ZOA 95-04 AND RECOMMENDING COUNCIL ADOPTION OF AN ORDINANCE AMENDING CHAPTER 25 OF THE MUNICIPAL CODE TO ADD NEW CAR DEALERSHIPS, MINOR AUTO REPAIR AND SERVICE AND TIRE SALES AND SERVICE AS PERMITTED USES IN CERTAIN COMMERCIAL ZONES AND RESTRICT OTHER AUTO REPAIR AND RELATED USES TO C-2A AND C-3 ZONES WHEREAS, the Planning Commission of the City of Lynwood, pursuant to law, held a continued public hearings on the subject proposal at their regular meeting on August 08, 1995; and WI-IEREAS, the Planning Commission has directed staff to prepare .' proposals to reduce the impact of new and existing auto sales, sepair and related uses on the community; and WHEREAS, the Planning Commission has considered an overall planning program and proposed ordinance amendments designed to create a hierarchy of automotive related uses in Commercial zones, from those with the least impact to those with the greatest impact; and WHEREAS, the Planning Commission has carefully considered all pertinent testimony offered at the public hearing; and , WHEREAS, the Director of Community Development has determined that the proposed Code amendmerits will not have a significant adverse effect on the environment, and has prepared a Negative Declaration for the proposed amendments; now therefore - Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: , A. The overabundance and over concentration of auto related uses has an adverse impact on the redevelopment and reuse of property in the City's redevelopment area and in many commercial zones. B. The City's current zoning ordinance does not adequately regulate the location of those heavier automotive uses that may have the most severe impact on neighboring commercial activity. C. The City Council has enacted a moratorium on the establishment or expansion of all auto related uses until existing ordinances and regulations are reviewed and revised. D. The adoption of the proposed Code amendments will not have a significant adverse effect on the environment and will have a beneficial effect on the redevelopment of the , Cify's commercial corridors. • Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations: 1. approves the Negative Declaration for Zoning Ordinance Amendment ZOA 95-04. 2. approves Zoning Ordinance Amendment ZOA 95-04. 3. recommends that the City Council adopt Zoning Ordinance Amendment ZOA 95-04. 1 V ` 1� . Section 3. A copy of this resolution shall be delivered to the , City Clerk. APPROVED and ADOPTED this 08th day of August, 1995, by members of the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: Carlton McMiller, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Gary Chicots, Director Michele Beal Bagneris Community Development Dept. Deputy City Attorney � � f:\wpfiles\p�anning\zoa9504.res 2 I _ � � AUTO RELATED USES - PROPOSED M DIFICATIONS TO ZONING ORDINANCE F. � I ' , TYPE OF USE CB_i �-2 -2A S',-� M �` New Car Delearship I yes � yes yes yes --- - Service Station --- yes yes yes --- Auro Parts Store --- yes yes yes --- Car Wash --- � yes yes --- Minor Auto Service --- --- yes yes --- and repair Auto Repair (except --- � � yes --- body/fender, painting) , Storage Garage (inc. --- � yes yes -- repair, servicing) Used Car Sales --- � yes yes --- ; Auto Tire S 1 --- --- --- yes --- 1 and Services � Tire Retreading, Re- --- � yes Capping (4 molds only) , _._ Auto Reconditioning --- --- --- yes --- Auto Body/Fender, Paint --- --- --- --- yes Truck Repair, Overhaul --- --- --- --- yes . Salvage Yard -- --- --- -- yes �� DELETE ' U ADD . _ ��`'` s:' ��T " / � �. � DATE: AIIgllSt 8� 1995 " i e �.;Y'� �\��. �d r � � ~ r � �` ��l� S �_ c� TO: PLANNING COMMISSION Cr ��}L ��,� r A . FROM: Gary Chicots, Director �/�i � Community Development Department,. � � BY: Robert Diplock, Planning Manager Planning Division SUBJECT: Conditional Use Permit Case No. CUP 95-09 Applicant: Sawai Tongkul PROPOSAL: The applicant is requesting approval of a Conditional Use Permit in order to develop a Single Family Residential dwelling, with an attached two (2) car garage on a lot with an existing Single Family dwelling at 11050 Virginia Avenue, in the R-2 (Townhouse --- and Cluster Housing) zone. FACTS: 1. Source of Authoritv Section 25-4.2 of the Lynwood Zoning Ordinance requires that a Conditional Use Permit be obtained for any residential development in the R-2 and R-3 (Residential) zones. 2. Propertv Location The site is located on the northeast corner of Virginia and Elmwood Avenues between Virginia and Pope Avenues (see attached location map). 3. Propertv size The site consists of a rectangular shaped lot approximately 6,900 square feet in size (60ft. x 115ft.) 4. Existina Land Use ° There is a Single Family Residential dwelling existing on this property. The surrounciing land uses are as follows: North - Townhouse and Cluster Housing South - Townhouse and Cluster Housing East - Multi- Family Residential West - Single Family Residential 5. General PSan and Zoninq Desiqnations The General Plan Designation for the subject property is I ' Town House and Cluster Housing. The surrounding land use j designations are as follows: i I = General Plan Zoning , i North - Townhouse and Cluster Aousing North - R-2 � South - Townhouse and Cluster Housing South - R-2 ' East - Townhouse and Cluster Housing East - R-2 , West - Commercial West - C-3 � 6. Pro�ect Characteristics: , The applicant proposes to develop a Single Family i Residential dwelling with attached two (2) car garage. The proposed dwelling would consist of 2 bedrooms, bath, , kitchen, dinning and living room, with attached (2) car ; garage. At least 25% of the development will be landscaped. � 1 i I 'v , 7. 5ite Plan Review .� On July 26, 1995, the Site Plan Review Committee evaluated the proposed development and recommended approval to the Planning Commission, subject to specific conditions and requirements. 8. Zonina_Enforcement Historv None of record. 9. Public Response None of record at the time this report was pr8pared. ISSUES AND ANALYSIS 1. Consistency with General Plan The proposed land use is consistent with the existing General Plan designation of Townhouse and Cluster Housing. Therefore, granting Conditional Use Permit No. 95-09 will not adversely affect the General Plan. 2. Site Suitabilitv The subject property is adequate in size and shape to accommodate the proposed development relative to the proposed density, bulk o� the structures, parking, walls, fences, driveways, and other development features reguired by the Zoning Ordinance. Furthermore, the subject property is adequately served with the required public utilities and of€ers adequate vehicular and pedestrian accessibility. 3. Compliance with DeveloAment�Standards The proposed development meets all the development standards required by the Zoning Ordinance regarding off-street ` parking, front, and rear yard setbacks, lot coverage, height, unit size, and density. 4. Comoatibilitv The proposed project will be located in a neighborhood that is in substantial transition from Multi- family residential „ to Townhouse and Cluster housing. However, properties ` located to the south, east and west are developed as Multi- Family Residential. 5. Conditions of Abbroval The proposed project, subject to the conditions recommended by the Site Plan Review Committee, will not have a negative effect on the values of the surrounding properties or ' interfere with or endanger the public health, safety or welfare. i, 6. Benefits to Communitv i The proposed development will add to the City's affordable j housing stock in furtherance of the policies of the Housing �� Element of the General Plan. i 7. Environmental Assessment ' ; ' The Community Development Department Staff has determined � that the project is Categorically Exempt pursuant to Section � 15061 B(3) of the State of California Environmental Quality ; Act as amended. ; _ . ... . � _ f\planning�staffrpt\f:wp9509 , . z I � i RECOMMENDATION: ^. Staff respectfully requests that, after consideration, the Planning Commission adopt the attached Resolution No. 2556: 1. Certifying that the project is Categorically Exempt from the provision of the California Environmental Quality Act per State CEQA Guidelines as amended under Section 15061 b(3). 2. Approving Conditional Use Permit, Case No. 95-09, subject to the stated conditions and requirements. ATTACHMENTS 1. Location Map 2. Resolution No.2556 3. 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C A S E N 0 � 7 �-._ � � e � �� i �� : ' � '> � RESOLUTION NO. 2556 ,� A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT N0. 95-09 (CUP 95-09) TO DEVELOP A SINGLE FAMILY RESIDENTIAL DWELLING WITH TWO (2) CAR GARAGE ON THE SAME PARCEL WITH AN EXISTING SINGLE FAMILY RESIDENTIAL DWELLING AT 11050 VIRGINIA AVENUE AND 5139 ELMWOOD AVENUE IN THE R-2 (TOWNHOUSE AND CLUSTER HOUSING) ZONE, LYNWOOD, CALIFORNIA. , WHEREAS, the Lynwood Planning Commission, pursuant to law,, on August 8, 1995 conducted a public hearing on the subject application; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, the Community Development Director has determined that the proposal is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15303b of the State CEQA Guidelines as amended; and WHEREAS, a Conditional Use Permit is required for residential development in the R-2 (Townhouse and Cluster Housing) zone; therefore Section 1. The Planning Commission hereby finds and determines as follows: - A. The site of the proposed use is adeguate in size and shape to accommodate the structures, parking, walls, landscaping, driveways and other development features required by the Official Zoning Ordinance. B. ' The structures, as proposed, subject to conditions, will not have a negative effect on the values of surrounding properties or interfere with or endanger the public health, safety, or welfare. ' C. The site will be developed pursuant to the current zoning regulations and site plan submitted and approved , by the Site Plan Review Committee. D. The grantinq of the Conditional Use Permit will not , adversely affect the General Plan. E. The proposed development will add to the City's affordable housing stock in accord with the policies ° of the Housing Element of the General Plan. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Conditional Use Permit, Case No. 95-09, provided the following conditions are observed and complied with at all times: f:reso2556 � 1 1 COMMIJNITY DEVELOPMENT DEPARTMENT 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, the Uniform Building Code and the Fire Code and be in substantial compliance with plans on file with the Community Development Department. 2. Any proposed subsequent modification of the subject site or �structures thereon, shall be first reported to the Community Development Department, Planning Division, for review of said modifications. 3. The applicant shall meet the requirements of all other City Departments. 4. Prior to issuance of any building permit, 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. - b. Prior to the issuance of an Occupancy Permit, the applicant shall record with the Los Angeles County Recorder a form satisfactory to the City Attorney stating that the first floor of each unit may not be used for habitable purposes. 6. This Conditional Use Permit shall lapse and become void one hundred and twenty (120) days after the use permitted has been abandoned or has ceased to be actively exercised. PLANNING DIVISION CONDITIONS 7. All work shall be performed by a licensed contractor as per plans, specifications and current codes. 8. The applicant shall contact the U.S. Post office (Lynwood . main office) to establish the location of mail boxes serving the proposed development. 9. Construction shall commence within (6) months from date of issuance of building permits. 10 Landscaped areas are to be a minimum of twenty-five (25%) percent of the lot area. 11. Landscaping and irrigation shall be installed in accordance with a detailed plan to be submitted and approved by the Planning Division prior to issuanae of any building permits. The minimum plant material shall be trees and shrubs combined with ground cover as follows: One (1) five (5) gallon shrub for each l00 square feet of landscaped area; and two (2) fifteen gallon trees for each 500 square feet of landscaped areas. 12. The required front, rear, and side yards shall be landscaped and shall consist predominately of plant materials except for necessary walks, drives and fences. f:reso 2556 � 2 ` 13. A minimum two (2) car garage shall be provided for each dwelling. A total of four garage parking spaces shall be •;;, provided. a. Redesign garage area to reduce the size of the storage area by approximately one-half (1/2) by expanding the open garage area and reducing the size of the closed storage room, as approved by the Director of Community Development. b. In the storage area, reduce the number and size of windows, number of electrical outlets and number of doors to the extent allowed by applicable laws and as approved by the Director of Community Development. 14. A six (6') foot high block wall shall be installed along the perimeter of the property, except within the twenty (20') ' foot front yard setback. In this setback, if built, the wall shall not exceed a height of four (4') feet measured from top of curb, with a minimum of the top one (1j foot of wrought iron so that persons can see through the fence __._ surface. A fence permit is required. 15. No side yard shall be less than five (5') feet. 16. Final building elevations, including materials of construction, shall be submitted to and approved by the Building Official and the Planning Division prior to issuance o£ any building permits. Residential structures shall have an exterior siding of brick, stucco, wood, metal, concrete, or other similar material other than the reflective glossy, polished and/or rolled-formed type metal siding. 17. Before any building permits shall be issued, the developer shall pay $1.72 per square foot of residential building to - the Lynwood Uni£ied School District, pursuant to Government Code Section 53080. 18. All driveway and parking areas shall be paved. 19. The roof shall be constructed with non-reflective material including synthetic tile, clay tile roofing br concrete tile and/or 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 " 20. Prior to obtaining a building permit, the design of any exterior elevation changes to the building must be approved by the Director of Community Development or his/her designee. 21. All building elevations shall be architecturally treated in - a consistent manner, including the incorporation within the side and rear building elevations of some or all of the design elements used for the primary (front) facades. ` 22. All security fences, grills, etc. shall be architecturally , compatible with the design of the subject and adjacent building. In addition, no security fences, grills, etc.. ' shall be installed without the prior written approval of the Director of Community Development. 23. Air conditioners, heating, cooling and vehtilation . equipment, swimming pool pumps and heaters and all other mechanical devices shall be located within the rear yard or side yards. Such equipment shall be screened from surrounding properties and streets and operated so that they do not disturb the peace, quiet and comfort of neighboring residents, in accordance with the City's Noise Ordinance. 3 - 24. A cover sheet of approved conditions must be attached to plans prior to submission to the Building and Safety ,�, Division. 25. The owner of the site shall maintain a pro-active approach to the elimination of graffiti from the structures, fences and accessory buildings, on a daily basis. 26. For the purpose of providing heating for any dwelling proposed, only an energy ef£icient forced air furnace sha1Z be used, and the use of any wall furnace is expressly prohibited. PUBLIC WORKS ENGINEERING DEPARTMENT 27. Submit a drainage plan and pay plan check 'fees. Drainage plan will be checked by the Department of Public works. No permits will be issued prior to the approval of drainage plan. 28. Root prune one (1) existing street tree and install root , barries at Elmwood Avenue and reconstruct lifted sidewalk, curb and asphalt pavement. 29. Construct a new drive approach per City standards at virginia Avenue and close unused existing drive approach and reseed parkway at Elmwood per City standards. 30. Construct two (2) wheelchair ramp(s) at northeast corner of Virginia avenue and Elmwood Avenue and the west side of the alley at Elmwood Avenue. 31. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. 32. Install three (3) 24" box street trees per City of Lynwood standards along Elmwood Avenue (2) and Virginia Avenue (1). ' 33. Regrade parkway and landscape with grass. 34. Underground all utilities. , 35. A permit from the Engineering Division is required for all off-site improvements. 36. All required water meters, meter service changes and/or fire � protection lines shall be installed by the developer. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Public works/Engineering Division prior to performing any work. FIRE DEPARTMENT The Fire Department found no cause to establish conditions for this application. 4 � Section 3. A copy of this resolution shall be delivered to the applicant. �, APPROVED AND ADOPTED this day of , 1995, by members of the Planning Commission voting as follows: AYES : ' ' ( . :' ' NOES: ' ABSENT: ABSTAIN: Carlton McMiller, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Gary C. Chicots, Director Michele Beal Bagneris Community Development Department Deputy City Attorney f:planning\resolutn\f:reso2556 . 5 '� , �;ti ��II�" {'�� , � ; . : .�; �. ; s � � � ..�. ;.� / ��'�' �� _ �e �. � DATE: August 8, 1995 l.t;`i-.=:_ � TO: PLANNING COMMISSION � � FROM: Gary Chicots, Director � Community Development Department /� �G �_/ SUBJECT: Zone ChanQe - Case No. ZC95-01 Applicant: City of Lynwood PROPOSAL: The City of Lynwood is requesting approval of a Zone Change to rezone all excess property owned by the State Department of Transportation (CalTrans) in the right of way along the north side of the Century Freeway (I-105) between the fence line and Fernwood � Avenue, extending from Long Beach Boulevard for approximately 20 blocks to Wright Road from "unzoned designation" to "CF" (Community Facility). An associated application GPA 95-03, is also being proposed to redesignate the same property to "Open Space". FACTS: 1. Proiect Characteristics: The project proposal is to rezone excess property along the north side of the Century Freeway (I-105) from an unzoned designation to CF (Community Facility). The proposed rezonong ` is designed to create usable Open Space for better utilization _', of excess property owned by State Department of Transportation (CalTrans). The property currently has no zoning designation. , 2. Source of Authoritv: Section 65358(a) of the State Planning and Zoning Law states � that "...if it deems it to be in the public interest, the legislative body may amend all or part of the:adopted General Plan." 3._ Property Location and Size: The property for is located on the South side of Fernwood Avenue, along the right of way of the Century�Freeway (I-105). The property measures approximately 50 ft. deep from , the north fence line of the Century Freeway to the south edge of Fernwood Avenue, and extend for 20 blocks from Long Beach Boulevard to Wright Road. 4. Existinq Land Use: , The surrounding land uses are as follows: South - Transportation (Freeway) North - single family residential East - Transportation, Industrial West - Transportation, Commercial 5. Current General Plan and Zoning Desianations: The General Plan Designation for the subject property is Transportation and the property currently has no Zoning designation. General Plan Zonina South - Transportation - 1 .� . ,� .<. North - Single Family Residerifial R-1 ' East - Transportation, Industrial M West - Transportation, Commercial C-3 6. ZoninQ Enforcement Historv: No problems within the last few years. 7. Public ResAOnse: Staff had received two phone calls from residents along the north side of Fernwood, asking what were the implications of the proposed rezoning and associated General Plan Amendment. ISSUES AND ANALYSIS The City proposes to rezone all excess property along the north side of the Century Freeway, south of Fernwood Avenue from no zoning designation to "Open space". The property is excess right of way owned by CaltXans and is landscaped with trees and shrubs, with two power generators fenced in with a chain link fence. The freeway is elevated approximately 30 ft. from grade level on the South side of the property and slopes down towards the property. The property is long and narrow, separated into six. strips by north-south roads. Because of its configuration and location along the edge of the Freeway, the property is of little use for development. The only alternative use that might be appropriate is single family or townhouse residential. However, the property is so shallow that development would be difficult. Park and recreation use, perhaps with some limited structures, appear to be the most appropriate for this property. It would serve the residential areas both north and south of the Freeway. Communitv Impact The rezonincj will not have a negative effect on the values of the surrounding properties or interfere with or endanger the public health, safety or welfare. The rezoning would create more open space, will have a beneficial effect on the area, since it will increase land designated as '�Community Facility" providing for possible picnic areas, parkland , bike routes or other public uses. However, any use of the property must be carefully designed to minimize impacts on the neighboring residential uses and the Century Freeway. Benefits to Communitv The Zone Change will encourage the preservation and expansion of existing "open space", provide usable open space for recreation and other uses as may be deemed necessary. Environmental Assessment The Director of Community Development has determined that no , substantial environment impact will result from the proposed General Plan Amendment. Therefore, a Negative Declaration has been filed in the Community Development Department and in the Office of the City Clerk. Z _. .� RECOMI�NDATION: Staff respectfully requests that after consideration, the Planning Commission adopt the attached Resolution No. 2558: 1. Certifying that the project will not have a significant effeat on the environment and approving the Negative Declaration, pursuant to the provisions of State CEQA - Guidelines. 2. Approving Zone Change ZC 95-01 and recommending City - Council adoption of the proposed Zone Change. ' Attachments . 1. Location Map 2. Resolution No. 2558 f:\upfiles\gpa95Q3.rpt " � , . � � 3 ., � : n V.C� �.. �l"I ' C/vi..' � � " � �� D� �\ /c R � ! � �� !l ��VL ll " a v, JR ` Z // / �� A� S� L�CATIOI� MAP >., R, - �� rt� 0 q` R 2 9� � p 1 �� \ R G P A 95 03 . A�� / y G .. i � �,. _ . , � e R] 7 Rz R z �ARD / � /J � a / a \ N� . ... :. �/ W/ M r R RZ R� �Ci I�� RJ �^ t. 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R 1 � • - . � RESOLUTION N0. 2558 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING , APPROVAL FOR THE REZONING OF ALL PROPERTY - OWNED BY THE STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) ALONG THE NORTA SIDE OF THE CENTURY FREEWAY (1-105) BETWEEN LONG BEACH BOULEVARD AND WRIGHT ROAD FROM NO ZONING DESIGNATION TO "CF" (COMMIJNITY FACILITY) LOCATED IN LYNWOOD, CALIFORNIA WHEREAS, the Planning Commission of the City of Lynwood, pursuant to law, on August 08, 1995, held a public hearing on the ' proposed rezone of all excess right of way owned by the State ; Department of Transportation (Cal Trans) along the north side of the Century Freeway (1-105) between Long Beach Boulevard and wright Road, changing the unzoned designation to "CF" (COmmunity Facility); and WHEREAS, the Planning Commission has carefully considered all pertinent testimony offered at the public hearing; and WHEREAS, the Commission has determined that Community Facility use of this property would be consistent with the goals and policies of the General Plan; and WHEREAS, the Director of Community Development has determined that the proposal will not have a negative effect on the environment, and has thereby declared a Negative Declaration for the project; and Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: - A. A Community Facility rezoning of this property would be compatible with the Goals and Objectives of the General Plan. B. The property is of a size, shape and location to accommodate future recreation and open space uses. C. The proposed rezoning will not be detrimental to the properties along Fernwood Avenue. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves the proposed rezoning, and recommends City Council adoption of an Ordinance changing the zoning designation for this ' property to CF (Community Facility). 1 ;, k Section 3. A copy of this:resolution shall be f�iled with the City Clerk. APPROVED and ADOPTED this 8TH day of August, 1995 by members the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: Carlton McMiller, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Gary C. Chicots,Director Michele Beal Bagneris Community Development Dept. Deputy City Attorney f:\wpfiles\zc9501.res 2 ,, _ � . �_ /�, n :'\! !�'1 fl ( r n �} � �-�' ;., i ti ��"r I t � f'4�i i� V. ` � �^.��. �: .:�- ,�� r _�_�-03 DATE: August 8, 1995 TO: PLANNING COMMISSION FROM: Gary Chicots, Director //� Community Development Departmen�� SUBJECT: General Plan Amendment - Case No. GPA 95-03 Applicant: City of Lynwood P120POSAL • The City of Lynwood is requesting approval of a General Plan Amendment to change the General Plan designation of all property owned by the State Department of Transportation (CalTrans) in the right of way along the north side of the Century Freeway (I-105) between the fence line and Fernwood Avenue extending from Long Beach Boulevard for approximately 20 blocks to Wright Road. .The �� designation is proposed to be changed from "Transportation" to I "Open Space". An associated application, ZC 95-01, is also being I ro osed in order to rezone the same � p p property to CF (Community � Facility). � I FACTS: � 1. Project Characteristics: � The project proposal is to change the designation of property � along the north side of the Century Freeway (I-105) from � Transportation to Open Space. The proposed General Plan Amendment is designed to create usable Open Space for better I utilization of excess property owned by State Department of Trans ortation CalTrans The � P ( ). property is currently designated "Transportation" on the General Plan. It is vacant with landscaping. , i i 2. Source of Authoritv: Section 65358(a) of the State Planning and Zoning Law states ' that "...if it deems it to be in the public interest, the ' legislative body may amend all or part of the adopted General ! Plan." , 3. Property Location and Size: � I The property for is located on the South side of Fernwood ; Avenue, along the right of way of the Century Freeway (I-105). The property measures approximately 5o ft. deep from the north fence line of the Century Freeway to the south edge � of Fernwood Avenue, and extend for 20 blocks from Long Beach � Boulevard to Wright Road. 4. Existin4 Land Use: ! The surrounding land uses are as follows: � South - Transportation (Freeway) i North - single family residential � East - Transportation, Industrial West - Transportation, Commercial 5. Current General Plan and Zonina Desia nations• ! The General Plan Designation for the subject property is Transportation and the property currently has no Zoning designation. 1 ,, General Plan Zonina South - Transportation - North - Single Family Residential R-1 East - Transportation, Industrial M- West - Transportation, Commercial C-2 6. Zonina Enforcement Historv: No problems within the last few years. 7. Public Resoonse: Staff had received two phone calls from residents along the north side of Fernwood, asking what were the implications of i the proposed plan amendment and associated zone change. � � ISSUES AND ANALYSIS The City proposes to change the General Plan designation of ; property along the north side of the Century Freeway, south of � Fernwood Avenue from "Transportation" to "open space". The property i is excess right of way owned by Caltrans and is landscaped with trees and shrubs, with two power generators fenced in with chain I link fence. The freeway is elevated approximately 30 ft, from grade � level on the South side of the property and slopes down towards the property. . _....._ � The property is long and narrow, separated into six strips by , north-south roads. Because of its configuration and location along � the edge of the Freeway, the property is of little use for � development. The only alternative use that might be appropriate is � single family or townhouse residential. However, the property is i so shallow that development would be difficult. ' i Park and recreation use, perhaps with some limited structures, ! appear to be the most appropriate for this property. It would serve � the residential areas both north and south of the Freeway. � Community Impact ! The General Plan Amendment will not have a negative effect on the ! values of the surrounding properties or interfere with or endanger � the public health, safety or welfare. The amendment of the General I Plan creating more open space will have a beneficial effect on the ' area and the City since it will increase land designated as "open Space" providing for possible picnic areas, parkland , bike routes � or other public uses. � However, any use of the property must be carefully designed to I minimize impacts on the neighboring residential uses and the - i Century Freeway. Benefits to Communitv � The proposed General Plan Amendment will encourage the preservation I and expansion of existing "open space", provide usable open space for recreation and other uses as may be deemed necessary. I 2 � � I I I _ __ _ ____ j _ Y t . • • . . ` � 1 1 / / \ \ T � � � � � - R R s L�CATIOf� Mqp ��'� R, s �� :�`' ;; ��„ ��v� i� jU � / n a ` � � > J R � � ' R � Rz GV ,S ` qP � �, ` G P A 95 � O� �� l qv � � Rz R RD ��i 1 \ R � .. � �,._ , , , ,.qz.l� U a q R � R 7 n i �� R� R, < ' ...,. G'' �,' R O �� M z . � �z��5 � N R � R� ` q� � O� r . , $ C O $ Rt � R� �� ^ � . ��I R 1 t R "� R 2 \ \ � , . RJ 1 \ � - i F R ` F, ;� �;�� ' wY � , Ri R� R� a az , R, a.\ � . �:�� q�e i -% o II' \ \ �. P ' ue . � R R3 o Y , �� R� R� , YB�� R� � �Rf Q \\� RJ ��' ' Q' � .� �>. 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" ' ' J.P. �� D y R 1 . �� m✓enu 1� R 7 q � R 1 m. , f R� R3 • C T R1 qY n ` � R1 RZ : ° ^ C R � ��` � SCH^OL�� -,- p , ' •• ��e R3 � i� RZi � � Rt L� i ��1 U 2 y' C")i �j 1 • r . - ••�� • . i Rz R � �(�/ 'P Rt ° � '__/' � . . .. . I m II ��'_ ry R. ,,,-Y. '�_._,__ . —. R 3 . 'P. Y \ i t Environmental Assessment The Director of Community Development has determined that no substantial environment impact will result from the proposed General Plan Amendment. Therefore,.a Negative Declaration has been filed in the Community Development Department and in the OfPice of the City Clerk. . RECOMMENDATION: Staff respectfully requests that after consideration, the Planning Commission adopt the attached Resolution No. 2557: 1. Certifying that the project will not have a significant effect on the environment and approving the Negative Declaration, pursuant to the provisions of State CEQA Guidelines. 2. Approving General Plan Amendment GPA 95-03 and recommending City Council adoption of the General Plan Amendment. Attachments i 1. Location Map � 2. Resolution No. 2557 j � I I � � � i � � . , � � f:�upfiles\gpa95-03 � , f l i I I � _ _ 1 i i 3 � , ; � ; ,;. , RESOLUTION NO. 2557 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING AN AMENDMENT TO THE LYNWOOD GENERAL PLAN - TO REDESIGNATE ALL PROPERTY OWNED BY THE STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) ALONG THE NORTH SIDE OF THE CENTURY FREEWAY (1-105) BETWEEN LONG BEACH BOULEVARD AND WRIGHT ROAD FROM "TRANSPORTATION" TO "OPEN SPACE" LOCATED IN LYNWOOD, CALIFORNIA WHEREAS, the Planning Commission of the City of Lynwood, pursuant to law, on August 08, 1995, held a public hearing on the proposed amendment to the General Plan land use designations for all excess right of way property owned by State Department of , Transportation (Cal Trans) along the north side of the Century � Freeway (1-105) between Long Beach Boulevard and Wright Road, " changing the designation from Transportation to Open Space; and WHEREAS, the Planning Commission has carefully considered all ` pertinent testimony offered at the public hearing; and WHEREAS, the Commission has determined that Open Space use of this property would be consistent with the goals and policies of the General Plan; and WHEREAS, the Director of Community Development has determined that the proposal will not have a negative effect on the . environment, and has thereby declared a Negative Declaration for the project; and '. Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. An Open Space designation of this property would be compatible with the Goals and Objectives of the General Plan. B. The property is of a size, shape and location to accommodate future recreation and open space uses. ' C. The proposed General Plan Amendment will not be detrimental to the properties along Fernwood Avenue. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves General Plan Amendment, and recommends City Council adoption of a resolution changing the General Plan map designation for this property from Transportation to Open Space. 1 . .; Section 3. A copy of this resolution shall be filed with the City Clerk. , APPROVED and ADOPTED this 8TH day of August, 1995 by members the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: Carlton McMiller, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Gary C. Chicots,Director Michele Beal Bagneris Community Development Dept. Deputy City Attorney � � f:\upfiles\gpa3res2557 2 ' �v.v v... /. C/Inr+ � �-.R�� \� �� R / l� (� / � P � R � , „ MAP � %m ,; � S G 9 " �vU� II �/ / ' �� R, S� L�1 CAT I O i� ° � , R? q� � R, — 03 ��l qven � R � � Rz R � GV ARD R, �..,._ . „ �� WIL� � "" : `R � R7 R Rz Rt �� R� 'qJ � , , � . ..R , qzl � R E : � �� , ` Z C 95 '` ° G o� Ra a „ O O� , gCN RS � \! R � R f� � �. O � � R� R � R7 � � a�Y,.'P2 � � .. R3 � � R� /� R t R � 'r s�A[nl I i r� p 1 � �,� ,' . 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' � . � .._ _ .. _... ,�,. � �__.r�. n�r . � �-,,:,:�. .! ,r �� rtei: ':'? -_ �.;�i i':U� � � - DATE: August 08, 1995 �:�;:;:'_ ;,`�:I,,r. _ — Q� T0: PLANNING COMMISSION FROM: Gary Chicots, Director (�'/"� Community Development Depar�men� SUBJECT: Zonincr Ordinance Amendment ZOA 95-06: Revisions to Fence Ordinance to Prohibit Fences in the Front Yard Setback of R-1 (Sinale Familv Residentiall Propertv to Add Desiqn - Standards, to Clarifv Regulations and Aoolication Procedures and Make Related Chanaes Applicant: City of Lynwood i PROPOSAL � The City of Lynwood is proposing to amend Zoning Ordinance Sect. i 25-16.6 Fences and Masonrv Walls to prohibit fences in the 20 ft. i front yard setback in the R-1 (Single Family Residential) zone , except under special situations, to add fence design standards in I residential areas, to clarify regulations and application ' procedures and to make related minor changes. � PROBLEM � i � Several months ago, the Planning Commission identified two special + concerns: � 1. the number of incompatible fences being constructed in the front i yards of single family residential areas and ' i 2. the need to improve screening requirements and fence standards I in commercial areas, particularly as relates to automotive � uses. A tour down any number of residential streets in the City i demonstrate that rows of adjacent front yards are being walled off by an incompatible mix of chain link, masonry, wood and wrought ' iron. Pope Street north of Martin Luther King, Jr. Boulevard is a good example. I In addition, the Commission felt that current fence standards for � I commercial areas do not seem to be making an effective impact on I the appearance of major commercial streets. � � Current Ordinance Provisions � I Currently, the City Zoninq Ordinance permits up to a four foot high fence or wall in the front yards of all residential zones. Any � type of material is permitted except chicken wire and fiberglass. � The fence is supposed to be compatible with the "general scheme of � the ne'ighborhood". I Commission Action � The Planning Commission set up a committee to evaluate current fence regulations. The committee decided to concentrate first on fencing in, residential areas. The committee toured typical residential streets, identified design problems, and came up with � a set of options to be considered. ! I At their meeting on June 16, 1995, the Commission discussed � possible modifications to residential fencing regulations and , determined that their preferred option was to restrict fences in the front yards of single family residential areas only, while leaving current regulations in effect for duplex (R-2) and multi , family (R-3) residential areas. 1 i • .- ,; Source of Authoritv: Section 25-27.2 of the Lynwood Zoning Ordinance states that a change in zoning regulations may be initiated by the Council, Planning Commission or City Manaqer. Probertv Location: This ordinance change will affect all R-1 zoned property in the City. DISCUSSION It is clear from a tour around the city that those residential streets with no or only one or two front yard fences per block are much more attractive and give a much better sense of neighborhood than those with a solid line of block, wrought iron, and chain link fences along the front property line. The Commission has also stated that property values in "no fence" areas are generally I higher, reflecting, in part its more attractive appearance. In addition, a four foot high fence does not provide any real additional security, since a dog or a person can easily jump the � fence. Often the gate isn't even locked. About all it does is � deter kids and casual trespass. The alternative of placinq a fence and gate across the front of the house at the front setback line (from a side yard fence to the side � of the house) provides almost as much security since it can be higher and has the addition advantage of being less costly, . In multifamily residential areas, fences are more uniform and fit ' in better with the scale of development since they usually are designed as part of the development from the beginning. � There may be some special situations in single family residential . areas where some sort of fence is necessary - for example, a corner lot near a school or bus stop, where people cut across the corner of the lot. Staff suggests that the ordinance permit approval of ' a fence by the Community Development Director if the applicant can justify the need because of extraordinary or unusual circumstances. Summarv of Proposal: The attached ordinance amends Section 25-16.6 to prohibit fences in the front yards of R-1 (Single Family) residential areas except � under unusual conditions. It also includes some minor changes to ' clarify the application procedure and the requirements for walls located adjacent to driveways. Proposed modifications to fence requirements in commercial areas will be submitted at a later date. Public Response: Staff has received one inquiry frbm an assistant to one of the City's block captains to explain what is being proposed. We have received no other public inquiries or complaints. ENVIRONMENTAL REVIEW The Director of Community Development has determined that no significant adverse environmental impact will result from the proposed Ordinance change; therefore, a Negative Declaration has been filed in the Community Development Department and in the � office of the City Clerk. � 2 r ' RECOMMENDATION• Staff respectfully requests that after consideration, the Planning Commission adopt the attached Resolution No. 2559: 1. Certifying that the project will not have a significant effect on the environment and that a Negative Declaration has been issued pursuant to the provisions. of the California Environmental Quality Act and State CEQA Guidelines. . 2. Approving Zoning Ordinance Amendment No. ZOA 95-06 with any changes that may be recommended by the Commission and recommending City Council adoption of Zoning Ordinance Amendment ZOA 95-06. ATTACHMENT � 1. Draft Ordinance 2. Resolution No. 2559 - f:\upfiles\planning\zoa9506.rpt � � I i I 3 , V ' ORDINANCE NO. AN ORDINANCE AMENDING.SECTION 12-16.6 OF CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE TO PROHIBIT FENCES AND WALLS IN THE FRONT YARD SETBACKS OF R-1 (Single Family) RESIDENTIAL PROPERTY, TO ADD DESIGN STANDARDS FOR FENCES IN RESIDENTIAL AREAS, TO CLARIFY FENCE REGULATIONS AND PERMIT APPLICATION PROCEDURES AND MAKE MINOR RELATED CHANGES. THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. Chapter 25 of the Lynwood Municipal Code is hereby amended by amendinq Section 25-16.6 as follows: 25-16.6 Fences and Masonry Walls � i a. Prior to the installation or construction of any fence or � masonry wall in any zone, the property owner shall obtain - =-'_'� � — j plan aoproval from the Director of Community Developinent or his/her � designee. i i b. The applicant shall submit a si�g}e plot plan showing the � location of the fence or masonry wall in relation to property lines, the height of the fence, proposed materials, and openings or � gates to provide access for vehicles and pedestrians. The anplicant � shall also submit an elevation sketch showinct the desi�n of the � fence or wall. �. c. For fences or masonry walls ................... I � d. All fences or masonry walls � ................... � e. All fences or masonrv walls shall be of simble design i with flat, horrzontal tobs and minimal decoration and shall be � "_�_'___a `: '-� installed with a finished, aesthetically pleasing side facing out toward adjacent properties or the public right of I way. Chicken wire and fibercxlass are not permitted as fencina i material in anv zone. �- f. The following shall apply to fences and masonry walls in j a3� residential zones: 1. No fences or walls mav be constructed in the 20 foot front yard setback in the R-1 (sinale familv) residential zone Fences ! walls and aates up to 6 feet in heicrht mav be constructed in the � R-1 zone across the property at or behind the 20 foot front vard ' setback between side vard fences or walls and the sides of ; residential buildinas. i � U�on application to the Director of Community Develonment a ; fence. not to exceed 3 ft. if solid and 4 feet if wrouaht iron may be aoproved in the front vard setback area for the corner portion of a corner lot adiacent to a maior arterial street or in other � situations where it can be demonstrated that a fence is necessarv � to prevent sianificant trespass. i �- 2. In the R-2 and R-3 zones. in any required front yard, � a wall or fence shall not exceed 4 feet in height, except as provided in subsection 25-4.8d.13, provided the upper one foot is I open to permit vision through the fence surface. A fence uo to six feet hiah mav be oermitted in front vards for individual unified ' developments of 20 or more units providinq that such fences are � set back at least three feet from the front Aronerty line and the � setback area is landscaoed and provided with an automatic irrigation svstem. 4 I i I , Y , �-3. � Anv wall or fence, including rear or side vard fences, generally parallel and located within 10 feet of anv driveway, shall not block the vision of any drivers exiting the drivewav to the street. Such fences shall not exceed four (4) .feet in height within anv #�e required front yard or from the drivewav curb cut a ' minimum of 30 feet alona the side of the driveway� provided the upper one (1) foot of the fence is open to permit vision through the fence surface. 3-4. A wall or fence not more than six (6) feet in height may be constructed or maintained along the interior side or rear lot ' lines, except where restricted by other orovisions of this section. Section 2. The City Clerk is hereby directed to certify to the passage and adoption of this ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the day of , 1995 and finally adopted and ordered published at a regular meeting of said Council held on the day of , 1995. LOUIS BYRD, Mayor City of Lynwood, California , ATTEST: Andrea L. Hooper, City Clerk City of Lynwood APPROVED AS TO FORM: APPROVBD AS TO CONTENT: I William B. Rudell Faustin Gonzales i City Attorney City Manager � i 1 I i � I � i i I , . I �f:\upfiles\zoa9506.ord , . � 5 ' i i � RESOLUTION NO. 2559 A RESOLUTION OF THE PLANNING COMMISSION OF TAE CITY OF LYNWOOD APPROVING ZONING ORDINANCE AMENDMENT ZOA 95-06 AND RECOMMENDING COUNCIL ADOPTION OF AN ORDINANCE AMENDING SECTION 25-16.6 OF CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE TO PROHIBIT FENCES AND WALLS IN THE FRONT YARD SETBACKS OF R-1 (SINGLE FAMILY) RESIDENTIAL PROPERTY, TO ADD DESIGN STANDARDS, TO CLARIFY REGULATIONS AND APPLICATION PROCEDURES AND MAKE RELATED CHANGES. WHEREAS, the Planning Commission of the City of Lynwood, pursuant to law, held a public hearings on the subject proposal at their regular meeting on August O8, 1995; and wHEREAS, the Planninq Commission has directed staff to prepare proposals to prohibit fences and walls in the front yard setbacks of single family residential areas; and WHEREAS, the Planning Commission has determined that minimum design standards are necessary to avoid adverse impacts and insure that walls and fences in other residential areas are compatible with the neighborhood; and WHEREAS, current residential fence regulations and permit requirements are ambiguous and incomplete; and WHEREAS, the Planning Commission has carefully considered all pertinent testimony offered at the public hearing; and WHEREAS, the Director of Community Development has determined that the proposed Code amendments will not have a significant adverse effect on the environment, and has prepared a Negative Declaration for the proposed amendments; now therefore Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. There are a growing number of incompatible fences being constructed in the front yards o£ single family residential areas. B. These fences cause visual blight and adversely affect the value of adjacent property C. There is a need to control fences in single family areas and to establish design standards for fences in other residential areas. . Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations: 1. approves the Negative Declaration for Zoning Ordinance Amendment ZOA 95-06. 2. approves Zoning Ordinance Amendment ZOA 95-06. 3. recommends that the City Council adopt Zoning Ordinance , Amendment ZOA 95-06. Section 3. A copy of this resolution shall be delivered to the City Clerk. APPROVED and ADOPTED this 08th day of August, 1995, by members of the Planning Commission votinq as follows: 1 � AYES: NOES: , ABSENT: ABSTAIN: Carlton McMiller, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Gary Chicots, Director Michele Beal Bagneris , Community Development Dept. Deputy City Attorney - � f:\wpfiles\pLanning\zoa9506.res . 2