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Home My Public Portal About12-13-94 PLANNING COMMISSION � ; :�� AGENDA . c" :� • i� LYNWOOD CITY PLANNING COMMISSION REGULAR MEETING - 7:30 P.M. 1�� ,) n� .SL .xC �� City Hall Council Chambers I E C EIV E D 11330 Bullis Road, Lynwood, CA CITYOFL`!NN/OOU CITY CLERI:S OF� ICE � December 13, 1994 1,�� ^ `� ;_., � • -,� AM PM • . 7i8i9i10i11i12i1i2i3i4 ' Carl on McMiller ,J i � ¢Q.� Cha�irperson , yLs' ,�C! �� / ,J Ci�� ,E,i'"✓ Errick Lee Donald Dove � Vice Chairman Commissioner � ' Eloise Evans Frankie Murphy Commissioner Commissioner Jamal Muhsin John Haynes Commissioner Commissioner � C O M M I S S I 0 N C O U N S E L: I . � Michele Beal Bagneris I Interim Deputy City Attorney � f STAFF: I i • I Gary Chicots, Director Robert Diplock ' Community Development Department Planning Manager I Art Barfield Louis Omoru�i Associate Planner Associate Ylanner I Louis E. Morales, Jr. Paul Nguyen � Associate Planner Civil Engineer Assoc. ! i i I i i ' , ' ' i � I . I f:\uptiles\tlec94 � � � 1 1 � 1 .� h ':{ December 13, 1994 OPENING CEREMONIES 1. Call meeting to order. 2. Flag salute. 3. Roll call of Commissioners. 4. Certification of Agenda Postinq. 5. Approval and signing of minutes for the September 13, 1994 Planning Commission meeting. CONTINUED PUBLIC AEARING: l. VARIANCE CASE N0. VAR 32 Applicant: Matthews Redwood PROPOSAL: The applicant is requesting a Variance to retain existing barbed wire along the top of an existing chain link fence along East Imperial Highway and barbed wire and concertina wire on the top of a existing chain link and corrigated wire fence along Fernwood Avenue and Beechwood Avenue in the M (Industrial) zone, Lynwood, California. The Planning Commission continued this item from their November 8, 1994 meeting and requested that Staff investigate possible alternatives to the material or design of the barbed and concertina wire fence top. , RECOMMENDED ACTION: Staff respectfully requests that the Commission evaluate the information to be presented by staff concerning alternative design criteria and, that after consideration, deny this - request. NEW PUHLIC HEARING: 2. CONDITIONAL USE PERMIT CASE NO CUP 153 Applicant:,Jose Antonio Guterrez , PROPOSAL: The applicant is requestinq approval of a Conditional Use Permit to develop a five (5) unit apartment and six two-car garages on a lot containing an existing single family residence at 11117 Louise Avenue in the R-3 (Multi-Family Residential) zone. RECOMMENDED ACTION: Staff respectfully requests that after consideration, the Planning Commission adopts the attached Resolutio No. 2438: A. Certifying that the project is categorically exempt from the provision of the California Environmental Quality Act as amended under Section 15303(b) of the CEQA Guidelines. B. Approvinq Conditional Use Permit Case No. 153 subject to the stated conditions and requirements. 2 J 1'�� ! LYNWOOD PLANNING COMMISSION, SEPTEMBER 13 1994 The Planning Commission of the City of Lynwood met in a Regular Session in the City Hall, 11330 Bullis Road on the above date at 7:30 p.m. Chairman Lee presiding. Commissioners Dove, Muhsin, Murphy and Lee answered the roll call. Commissioners Evans and McMiller were absent. Also present were Planning Manger Diplock, Deputy City Attorney Bagneris and Associate Planner Barfield. Planning Manager Diplock stated the Agenda had been duly posted in accordance with The Brown Act. It was moved by Commissioner Muhsin, seconded by Commissioner Dove and carried to approve the following minutes with corrections. a) Regular Meeting, June 14, 1994 b) Regular Meeting, July 12, 1994 c) Special Meeting, July 26, 1994 d) Regular Meeting, August 9, 1994 ' City Clerk Hooper then swore in new Planning Commissioner John Haynes. Commissioner Evans arrived at 8:00. �j� , CONTINUED PUBLIC HEARINGS Chairman Lee introduced the first Public Hearing, Conditional Use i Permit Case No. CUP 148, Applicant: willie Osby. Called for a staff report. I Planning Manager Diplock stated applicant is requesting approval ; % to sell alcoholic beverages for. off-site consumption at 11625 I Long Beach Boulevard. at the request of the applicant, this item was continued by the Commission to its September 13 meeting. i Chairman Lee opened the Public Hearing. Beverly Jacobs 16419 Virginia Ave., Paramount, spoke in favor of I the Conditional Use Permit. I Bob Donovan 16417 Virginia Ave., Paramount spoke in favor of the Conditional Use Permit and submitted a petition in support of the project. Margaret Araujo spoke in opposition to the Conditional Use � Permit. I Benjamin Miranda spoke in opposition to the Conditional Use i Permit. Adolph Lopez spoke in opposition to the Conditional Use Permit. Resident (Inaudible) spoke in opposition to the Conditional Use' Permit. Chairman Lee questioned whether or not Mr. Osby had requested a I continuance. I Beverly Jacobs spoke for applicant and requested the Commission I approve the Conditional Use Permit. � I Benjamin Miranda repeated opposition to the C.U.P. i Resident (Inaudible) spoke regarding high number of liquor � establishments already in existence in the City. � I � � � � I i . '.1 .� Bob Donovan spoke on applicants behalf and stated reasons why the application submitted had taken so long. Hearing no further discussion, Chairman Lee closed the Public Hearing. After further discussion, it was moved by Commissioner Haynes, seconded by Commissioner Evans to deny Conditional Use Permit Case No. CUP 148. ROLL CALL• AYES: . COMMZSSIONER DOVE, EVANS, HAYNES� LEE NOES: NONE ABSENT: COI+�iISSIONER McMILLER ASSTAIN: COMMISSIONER MUHS2N, MURPHY The Commission then took a five minute recess. Chairman Lee introduced the next item, Conditional Use Permit Case No. 83049R, Applicant, City of Lynwood and called for a staff report. Planning Manager Diplock stated staff is requesting that the Planning Commission consider revoking Conditional Use Permit No. 83049 that allows the operation of an automotive repair shop at 2971 E. Imperial Hwy. At its August 9, 1994 meeting, the Commission continued this case to September 13, 1994 in order to allow the property owner/lessee to comply with all conditions of the CUP. � I Planning Associate Barfield introduced a staff report and I breakdown of violations. Also introduced a report of those , 'violations that have been corrected and those that have not. � i Chairman Lee opened the Public Hearinq. ; Manuel Franco spoke in opposition to the revocation. � Felipe (Inaudible), 10031 McNerney Ave. South Gate, interpreted I for Mr. Franco. Also discussed repairs that had already been I acted upon by the business owner. After further discussion, it was moved by Commissioner pove, � I seconded by Commissioner Muhsin, to continue the item to the next , regular scheduled meeting, and instruct staff'to maintain j periodic reviews and inspections, until which time all conditions of the CUP have been met, and that work related to glass repair I be discontinued. , ROLL CALL• � AYES: . COMMISSIONER DOVE� EVANS� HAYNES, MUHSIN, MURPHY, LEE j NOES: NONE ABSENT: CONII�tISSIONER McMILLER � I Chairman Lee then introduced the next Public Aearing, Zoning i Ordinance Amendment, Case No. ZOA 38, and called for a staff report. ' ; Planning Manager Diplock stated the City Council is requesting ; approval of an amendment to the Zoning Ordinance repealing � Chapter 17 of the Lynwood Municipal Code, dealing with sign : � regulations in the Zoning Ordinance and to revise and recodify I� existing sign regulations and to add procedures to identify and I abate illegal, abandoned and non-conforming signs. Commissioner Murphy questioned provisions in the sign ordinance � pertaining to Political Signs after elections. � I � 2 i I _ I � ��! � � Chairman Lee questioned provisions for banners, i.e. Grand Openings. Having no further discussion from the Commission, it was moved by Chairman Lee to open the Public Hearing. Hearing no discussion, it was moved by moved by Chairman Lee to close the Public Hearing. It was then moved by Commissioner Haynes, seconded by Commissioner pove to adopt: RESOLUTION NO. 2523 ENTITLED: "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING ZONING ORDINANCE AMENDMENT ZOA 38 AND RECOMMENDING COUNCIL ADOPTION OF THIS AMENDMENT REPEALING CHAPTER 17 OF THE MUNICIPAL CODE AND AMENDING SECTION 25-33 OF THE ZONZNG ORDZNANCE TO REVISE AND RECODIFY ERZSTING SIGN REGULATIONS AND ADDING PROCEDURES TO IDENTIFY AND ABATE ILLEGAL, ABANDONED AND NON-CONFORMING SIGNS". ROLL CALL• AYES: • COMMZSSIONER DOVE� EVANS, HAYNES, MUHSIN, MURPHY, LEE' NOES: NONE ABSENT: COt�Il�SISSIONER McMILLER . Chairman Lee then introduced the next Public Hearing, Conditional Use Permit, Case No. 149 (Appeal of Site Plan Review Case No. � 119) Appellant: Bruce Yingline, and called for a staff report. I Planning Manager Diplock stated staff has been reviewing, under � site plan provisions, an application for establishment of a � concrete and green waste recycling center at 11655 Louise Street. I Staff has since received an appeal of the action of the site plan � review. Since no formal action has actually been taken by the , Site Plan Review Committee, the appeal itself is premature. i Therefore, staff requests that the Commission refer this matter I back to the Site Plan Review Committee. It was moved by Commissioner pove, seconded by Commissioner I Haynes to approve staffs recommendation and refer the item back to the Site Plan Review Committee. i � ROLL CALL: � AYES: COMMISSIONER DOVE, EVANS� HAYNES� MUHSIN� MURPHY� LEE I NOES: NONE ASSENT: COU4Y[ISSZONER McMILLER I � Chairman Lee then introduced the next item, Zone Change Case No. ' ZC11, Applicant: City of Lynwood and Mr. Louis Ross. i Planning Manager Diplock stated staf£ and applicant are I requesting approval of a zone change in order to establish � conformity and consistency with the General Plan designation of Commercial. At this time, staff respectfully requests that after ( consideration, the Planning Commission find that the Zone Change will have no significant impact on the environment, that a I Negative Declaration has been issued pursuant to the California Environmental Quality Act as amended, and approval of the Zone Change. , i It was moved by Chairman Lee to open the Public Hearing. � i Gavin Erasmus, Attorney for Louis R�ss, spoke in favor of the i Zone Change and clarified the layout £or the Commission. Ernest Haywood, 11547 Lewis, spoke in opposition to the Zone i Change. � Odessa Haywood 11547 Lewis St., spoke in opposition to the Zone , Change. ' 3 � i I F �'` 1 Hearing no further discussion, it was moved by Chairman Lee to close the Public Hearing. Commissioner Evans discussed the current condition of the property being a blight and an eyesore. Commissioner Murphy recommended reviewing other options. Commissioner pove questioned types of revenues available to the land lots. Commissioner Muhsin discussed development in the city. Commissioner Haynes referred to compliance with the General Plan. Chairman Lee discussed the blight conditions on the site. It was then moved by Commissioner Murphy, seconded by Commissioner pove to continue'this item to the next regular scheduled meeting. ROLL CALL• AYES: COMMISSIONER DOVE, MURPHY NOES: COMMISSIONER EVANS, HAYNES, MUHSIN, LEE ABSENT: COIYII�IISSIONER McMILLER Chairman Lee stated motion fails. � I . It was then moved by Commissioner Haynes, seconded by Commissioner Evans to deny Zone Change No. 11. i ROLL CALL• AYES: . COMMISSIONER HAYNES, LEE NOES: COMMISSIONER DOVE, MUHSIN, MURPHY, ABSENT: COI+II�IZSSIONER MeMILLER ABSTAIN: COMMISSIONER SVANS Chairman Lee states motion fails. i It was moved by Chairman Lee, seconded by Commissioner pove to j continue this item to the next regular scheduled meeting, in ! order to allow staff to submit alternative projects. I ROLL CALL: AYES: COMMISSIONER DOVE, HAYNES, MUHSIN, MURPHY� LEE NOES: COMMZSSIONER NONE ABSENT: COI+IIYIISSIONER McMILLER ABSTAIN: COMMISSIONER EVANS PUBLIC ORALS � Gavin Erasmus, Attorney for Mr. Ross, spoke in favor of his clients project. � Dorothy Osby questioned actions taken at this evenings meeting with regard to her husbands Conditional Use Permit. � COMMISSION ORALS Commissioner Haynes discussed reorganization of the Commission. I i Commissioner pove discussed the rehabilitation and remodeling I improvements in the residential areas. Hearing no further discussion, it was moved by Commissioner pove, � seconded by Commissioner Evans and carried to adjourn. 4 i f �: .� ;i ERRICK LEE, Chairman Approved as to Form: MICHELE BEAL BAGNERIS DEPUTY CITY ATTORNEY Approved as to Content: ROBERT DIPLOCK PLANNING MANGER . I I I � I I i , I i I � I I I I I I I I i � I I I I -- I .,j � . .. -. i `�''' i't �M ;'�f �� . . . . , � �..;il iylJ, ,� r DATE: December 13, 1994 �:. ��.•`l � / 1 A R 3� � �J: �� • �.-1 t. i s! �ll . —.7F�../—,F—.{—s—_�.^ � T0: PLANNING COMMISSION � � FROM: Gary D Chicots, Director � / Community Development Departmen't ��(� BY: Robert Diplock, Planning Manager SUBJECT: Variance Case No. 32 Applicant: Matthews Redwood/Four Seasons Outdoor Products Pronosal: The applicant is requesting a Varianee to retain existing barbed wire along the top of an existing chain link fence along East Imperial Highway and barbed wire and concertina wire on the top of an existing chain link and corrugated wire fence along Fernwood Avenue and Beechwood Avenue in the M(Industrial) zone, Lynwood, California. The Planning Commission continued this item from their November 8, 1994 meeting and requested that Staff investigate possible alternatives to the material or design of the barbed and concertina wire fence top. Facts • 1. Source of Authoritv: Section 25-26 of the Lynwood Municipal Code permits a I Variance to be obtained from the Planning Commission when there are special circumstances applicable to tYie property, and when strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. � 2. Prooerty Location and Size I I The site is located on the south side of E. Imperial Highway I at Bellinger, Fernwood and Beechwood Avenues (see the i attached location map). The subject property is a generally rectangular shaped lot, approximately 43,650 square feet in size. � I 3. Existinq Land Use ; The subject site is currently developed as a wood products � factory. The surrounding land uses'are follow: � i North - Commercial I South - Industrial i East - Industrial � West - Industrial i I i 4. Land Use Description i The General Plan designation for the subject property is i Industrial, while the Zoning Classification is M. The i surrounding land use designation and zoning are as follows: General Plan Zoning � � North - Commercial C-3 South - Industrial M I East - Industrial M west - Industrial M I I f:\staffrpt\var32.t . i I 1 ; rs '� 5. Proiect Characteristics � The applicant is requesting approval of a variance to keep both concertina and barbed wire on top of existing fences and gates on Beechwood and Fernwood Avenues and barbed wire on a fence along East Imperial Highway in order to protect property against repeated break-ins, theft and damage to fence, gates and buildings (see attached plot plan). The applicant was cited by the City's Code Enforcement Division since Section 25-16.6e prohibits the use of barbed wire and concertina wire on modified fences in non- residential zones. In addition, the same section prohibits the continued use of such materials on existing fences after September 1, 1994. Mr. Matthews voluntarily removed the concertina wire along Imperial Highway since he feels that traffic from the Justice Center will discourage break-ins along the Imperial Highway frontage of the property. However, he wishes to retain the barbed wire on the fence for additio�nal security. There is very little traffic along Fernwood and Beechwood Avenue portions of the property and this side of the property is only partly visible from Imperial Highway or the Century Freeway. It is this area where most of the recent break-ins have occurred and Mr. Matthews wants to retain both concertina and barbed wire along these frontages. G. Site Plan Review I At its regular meeting on October 26, 1994, the Site Plan Review Committee evaluated the proposed Variance and recommended denial to the Planning Commission. The Committee determined that the modification of an existing fence by adding concertina wire is prohibited, and that the use of � barbed and concertina wire on existing fences and walls is prohibited as of September 1, 1994. The committee believes that the necessary findings for granting a variance cannot be � ' met. � 7. Zoninq Enforcement Historv i The Code Enforcement Division cited the property owner for � the illegal concertina wire on fences around the perimeter of I the property on July 7,1994. 8. Neiahborhood Resoonse I Dione of record at the time of preparation of the staff report. ANALYSIS AND CONCLUSION: � 1. Consistencv with General Plan and Zoninq I The existing land use is consistent with the existing zoning I classification M and the General Plan desiqnation of Industrial. The existing fence does not comply with the requirements of the Zoning Ordinance relating to permitted � materials. � 2. Site Suitabilitv I The property is adequate in size .to accommodate existing � development.The lot is standard and meets current I development standards relative to structures, parking, walls, I driveways and other feature required by the Zoning Ordinance. I 1 z �� 3. Compatibilitv t• ; t , The existing development is surrounded by a mixture of industrial and commercial development and, therefore, is compatible with the surrounding land uses. The existing fences are compatible with the Industrial use of the property, particularly along Imperial Highway. However, the fences along Fernwood and Beechwood have a number of heavy add on metal screens along with the concertina wire that make the fencing obtrusive and unattractive . The fence have.only limited visibility the freeway or Imperial Highway, so the visual impact is limited. 4. Possible Alternative Desian Staff has identified a few possible alternatives that may lessen the visual impact of the concertina wire. At least one alternative would require amendment.to current zoning ordinance provisions. Staff will present these alternatives for discussion at the continued public hearing. 5. Findina Reauired for Grantina a Variance Staff b'elieves that the required findings for granting a Variance cannot be made for this request. The applicant is not being deprived of a right that is enjoyed by others in similar circumstances. No one in non- residential zones has the right to use barbed or concertina wire. Granting this variance appears to be a grant of special privilege. The strict and enforcement of the specific regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Ordinance. There are alternative ways to increase the height of the , fence and gate so that wire would not be necessary. There are no exceptional or extraordinary circumstances or conditions applicable to the property involvei3 which do not apply generally to all other manufacturing properties in the City. , 6. Environmental Assessment The Community Development Director has determined that the project is Categorically Exempt pursuant to State CEQA Guidelines as amended, Section 15303b. RECOMMENDATION ' Staff respectfully requests that the Commission evaluate the information to be presented by staff concerning alternative design criteria and, after consideration, deny this request. Attachments l. Location Map 2. Site Plan 3. Letter of Justification 4. ResoTution f:\staffrpt\var32.1 . " ' '� �'n ' ^�� r � i �. �.ti'� � DATE• December 13 1994 r"��-F�a--rds-�';•� ' �� i'Y � `1�,� �,��;-- r,, 53 «,. � C ,� _��. __G_.�£' 1_.._. � TO: - PLANNING COMMISSION �;�,_ �� FROM: Gary D. Chicots, Director � � . Community Development Department�� = BY: Robert Diplock, Planning Manager SUBJECT: Conditional Use Permit - Case No. CUP 153 ` Applicant: Mr..Jose Antonio Guterrez PROPOSAL: The applicant is requestinq approval of a Conditional Use Permit to develop a five (5) unit apartment and six two car garages on a lot containing an existing single family residence at 11117 Louise Avenue in the R-3 (Multi-Family Residential) zone. FACTS• 1. Source of Authority Section 25-4.2 of the Lynwood Zoning Ordinance requires that a Conditional Use Permit be obtained for residential development of more than 2 units in the 12-3 (Multi-Family Residential). zone. 2. Prooertv Location: ' The site is located on the west side of Louise Avenue between Elmwood Avenue and Beechwood Avenue. (Refer to the attached location map). 3. Propertv size: ' The site consists of a rectangular shaped lot of approximately 14,575 square feet. 4. Existina Land Use: The property is currently developed with a sinqle family residence. The surrouriding land uses are as follows: North - Multi-Family Residential South - Multi-Family Residential East - Single-Family Residential West - Single-Family Residential 5. Land' Use Desianation: , The General Plan Designation for the subject property is Multi-Family Residential while the Zoning Classification is R-3. The surrounding land use designations are as follows: General Plan Zoning ' North - Multi-Family Residential North - R-3 South - Multi-Family Residential South - R-3 East - Multi-Family Residential East - R-3 West - Mu1ti-Family Residential West - R-3 , 6. Proiect Characteristics: „� The applicant proposes to develop a five unit apartment complex with two car qarages for each unit. The existing single.family residence is to be renovated and the five �: proposed will be attached . The two (2) car garages are:located on the first floor. The second floor consists of the ; living room, dining, kitchen, 2 bedrooms and a full b�a-th.. Three guest parking spaces are provided. Approximately twenty-five (250) percent of the site is designated for landscaping. . . 1 � C 7. Site Plan Review: � On November 30, 1994, the Site Plan Review Committee evaluated the proposed development and recommended approval to the Planning Commission, subject to specific conditions and requirements. 8. Zoninq Enforcement Historv: None of record. 9. Public Response: None of record at the time this report was prepared. ISSUES AND ANALYSIS 1. Consistency with General Plan The proposed land use is consistent with the existinq zoning classification (R-3) and the General Plan designation Multi-Family Residential. Therefore, granting Conditional Use Permit No. 153, 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 of the structures,.parking, walls, . fences, driveways, and other development features required by the Zoning Ordinance. Furthermore, the subject property is adequately served with the required public utilities and offers adequate vehicular and pedestrian accessibility. 3. Compliance with Development Standards The proposed development 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. Compatibilitv • The proposed project will be located in a neighborhood that is substantially transitioned from sinqle-family to multi- family residences. Properties located to the south, east, are developed as Two-Family Residential respectively, and to the west is developed as single family residential. 5. Conditions of Approval The improvements proposed, subject to the conditions recommended by the Site Plan Review Committee, will not have a negative effect on the values of the surrounding properties or interfere with or endanger the public health, safety or welfare. 6. Benefits to Communitv The development will add favorably to the City's housing stock in furtherance of the policies of the Housing Element of the General Plan. � 7. Environmental Assessment , The Community Development Department Staff has determined that the project is categorically exempt from the California , Environmental Quality Act of 1989 as amended pursuant to Section 15303b of the CEQA Guidelines. z , � RECOMMENDATION: ' : Staff respectfully requests that after consideration, the Planning Commission adopt the attached Resolution No. 2532: 1. Certifying that the project is categorically exempt from the provision of the California Environmental Quality Act as amended pursuant to Section 15303b of the CEQA Guidelines. 2. Approving Conditional Use Permit, Case No. 153 subject to the stated conditions and requirements. ATTACHMENTS 1. Location Map • 2. Resolution No. 2532 3. Site Plan � f:\staff.rpt\cup153a � � 3 ;� LOCATION 6VIAP � � Q ,.� , ' �� ,..� �,. � 6 _ .•^'^ \ \ -r\ I .. _ ......_..__---- - �; �.' „d Y : �p ,,. _- ,�, , � °� �, �. � I I . � .. ;, ? �-�.' �, \� � � { q�: _ „.� R # � �.. F .� a .:,, .� \ 1 ,n.o� r \ YQ ; F � p �_� N_+ � x ^� B 1,.- � ; �\ \ � \\� ' •, �..' 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CASE N0. e ' .i' RESOLUTION N0. 2532 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 153 (CUP 153) TO DEVELOP A FIVE (5) UNITS APARTMENT WITH AN EXISTING SINGLE FAMILY RESIDENCE WITH TWO CAR GARAGES FOR - EACH UNIT AT 11117 LOUISE AVEIVUE IN THE R-3 (MULTI-FAMILY RESIDENTIAL) ZONE, LYNWOOD, CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on December 13, 1994 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 State CEQA Guidelines Section 15303b, as amended; and ' WHEREAS, a Conditional Use Permit is required for residential development of more that 2 units in the R-3 (Multi- Family Residential) zone. Section 1. The Planning Commission hereby finds and determines as follows: A. The site of the proposed use is adequate in size and shape to accommodate the structures, parking, walls, landscaping, driveways and other development features required by the Official Zoning Ordinance. � B. The structures, as proposed, subject to conditions, will not have a negative effect on the values of surrounding properties or in'terfere with or endanger the public, health, safety, or welfare. ' C. The site will be developed pursuant to the current , zoning regulations and site plan submitted and approved by the Site Plan Review Committee. D. The granting of the Conditional Use Permit will not adversely affect the General Plan. E. The proposed development will add to the housing stock and will provide additional affordable priced housing in accord with the policies of the Housing Element of the General Plan. F. The proposed development will aid in upgrading the area. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Conditional Use Permit, Case No. 153, provided the following conditions are observed and complied with at all times. ' f:reso2532 � � ,1 d �. COMMUNITY DEVELOPMENT DEPARTMENT , 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, the Uniform Building Code and the Fire Code and be in substantial compliance with plans on file with the Community Development Department. 2. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Community Development Department, Planning Division, for review of said Conditional Use Permit. 3. The applicant shall meet the requirements of all other City Departments. 4. The applicant and/or his representative shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all cond•itions of this resolution prior to issuance of any building permits. PLANNING DIVISION CONDITIONS 5. Al1 work shall be performed by a licensed contractor as per plans, specifications and current codes. 6. The applicant shall contact the U.S. Post Office (Lynwood main office) to establish the location of mail boxes serving the proposed development. 7. 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. 8. Construction shall commence within (6) months from date of issuance of building permits. 9. Landscaped areas are to be a minimum of twenty-five (25%) percent of the lot area. 10. Landscaping and irrigation shall be installed in accordance , with a detailed plan to be submitted and approved by the Planning Division prior to issuance of any building permits. The minimum plant material shall be trees and shrubs combined with ground cover as follows: One (1) five (5) gallon shrub for each 100 square feet of landscaped area; and two (2) fifteen gallon trees for each 500 square feet of landscaped areas. 11. The required front, rear, and side yards shall be landscaped and shall consist predominately of plant materials except ' for necessary walks, drives and fences. 12. A minimum two (2) car garage shall be provided for each dwelling. Total of six two (2) car garages shall be provided. 13. A six (6') foot hiqh block wall shall be installed along the perimeter of the property, except within the twenty (20') , foot front yard setback. In this frontage, if built, the wall shall not exceed a height of• four (4') feet measured from top of curb. � 14. No side yard shall be less than five (5') feet. 15. Final buildin,g elevations, including materials of construction, shall be submitted to and approved by the Bu3lding official and the Planning Division prior to issuance of any building permits. 2 � I n ,. 16. Before any building permits shall be issued, the developer Y sha11 pay $1.72 per square foot for residential buildings to the Lynwood Unified School District, pursuant to Government Code Section 53080. 17. All driveway and parking areas shall be paved. 18. �ACOUStical construction materials shall be used throuqhout the units to mitigate freeway noise to the standards and satisfaction of the Building and Safety Division. ' 19. The roof shall be constructed with'a non-reflective material of either concrete tile or clay tile. 20. Residential structures shall have an exterior siding of brick, stucco, wood, metal, ¢oncrete, or other similar material other than the reflective glossy, polished and/or rolled-formed type metal siding. 21. All front yard setbacks must be measured from inside the street dedications. 22. Prior to obtaining a building permit, the design of the exterior elevation of the building must be approved by the Director of Community Development or his/her designee. 23. All building elevations shall be architecturally treated in a consistent manner, including the incorporation within the side and rear building elevations of some or all of the design elements used for the primary (front) facades. 24. The applicant shall submit elevation drawings to the Planning Division showing the exterior building design including the specification of colors, and materials. 25. All security fences, grills, etc. shall be architecturally compatible with the design of the subject and adjacent buildinq. In addition, no security fences, grills, etc. • shall be installed without the prior written approval of the Director of Community Development. 26. Air conditioners, heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanical devices shall be located within the rear yard or side yards. Such equipment shall be screened from surrounding properties and streets and operated so that they do not disturb the _ peace, quiet and comfort of neighboring residents, in accordance with the City's Noise Ordinance. 27. A cover sheet of approved conditions must be attached to plans prior to submission to the Building and Safety � Division. 28. The owner of the site.shall maintain a pro-active approach to the elimination of graffiti from the structures, fences and an accessory building, on a dai,ly basis. 29. For the purpose of providing heating for any dwelling proposed, only an energy efficient forced air furnace shall be used, and the use of any wall furnace is expressly prohibited. PUBLIC WORKS ENGINEERING DEPARTMENT 30. Site plan is incorrect. Correct the property dimensions and � resubmit (plans). 31. Submit a grading plan prepared by a registered Civil Engineer. Property is located within the 100 year flood level zone per flood boundary map. Also conform to all, applicable codes per Chapter 15 of the Lynwood Municipal Code. 3 I E � r Building above the flood level will require substantial ;� amount of fill, ,therefore, suggest alternative methods of design to minimize the amount of livable space at ground level. The flood elevation level is 85 feet. The developer has to build the foundation elevat:ion one (1') foot higher � than the flood elevation. ' 32. Reconstruct damaged sidewalk, curb and gutter and required pavement along Louise Avenue. � 33. Construct two (2) wheelchair ramps. I 34. Install two (2) 24" box street trees per City of Lynwood � along Louise Avenue. i r 35. Connect to public sewer. Each building shall be connected � separately. Construct laterals as necessary. � 36. Underground all utilities including Southern California � Edison, telephone, and cable TV lines. 37. A permit from the Engineering Division is required for all �` off-site improvements. ' 38. All required water meters, meter service changes and/or fire j protection lines shall be installed by the developer. The ' work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the � Public Works/Engineering Division prior to performing any work. � FIRE DEPARTMENT The Fire Department found no.cause to establish conditions for this application. Section 3. A copy of this resolution shall be delivered to the applicant. ' APPROVED AND ADOPTED this day of , 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 C. Chicots, Director Michele Beal Bagneris ' Community Development Department Deputy City Attorney , f:�resoWtn:resd532 • � - 4