HomeMy Public PortalAbout10-11-94 PLANNING COMMISSION r.
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AGENDA
� LYNWOOD CITY PLANNING COMMISSION
REGULAR MEETING - 7:30 P.M.
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City Hall Council Chambers E�V '
1133o Bullis Road, Lynwood, CA RIT'�/OF�YNWOOD
� CITY CLERKS OFFICE
October 11, 1994 �?� �� J ��, }
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7 i g�g i lll�llil2ili2i3i 4 iS� 6
Errick R. Lee - /��
Chairperson _� � /���� A'1
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Carlton McMiller ponald Do e
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:
MicheTe Beal Bagneris
Interim Deputy City Attorney
STAFF: _
Roger Haley Robert Diplock
Special Assistant ' Planning Manager
Art Barfield Louis Omoruyi
Associate Planner Associate Planner
Louis E. Morales, Jr. � Paul Nguyen
Associate Planner Civil Engineer Assoc.
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� DATE: October 11 1994 ` ' , ' ,,r' , V � �
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'" �' T0: PI,ANNING COMMISSION
FROM: 'Robert Diplock, Planning Manage
. � BY: Art Barfield, Planning Associate
SUBJECT: Conditional Use Permit Case No: 83049 R
Applicant: City of Lynwood
Proposal•
Staff is requesting that the Planning Commission consider
revoking Conditional Use Permit No. 83049 (CUP 83049) that allows
the operation of a automotive repair shop at 2971 E. Imperial
Highway, in the C-3 (Heavy Commercial) Zone. At Staff's request,
this case was continued by the Commission to its August 9, 1994
meeting. On August 9, 1994 the Commission continued the case to
its September 13, 1994 meeting to allow the property owner/lessee
to comply with the Conditions of the Use Permit. On September
13, 1994, the Commission continued the case to its October 11,
1994 meeting to allow the property owner/lessee to complete
compliance with the Conditions of the Use Permit.
Facts•
1. Source of Authoritv
Section 25-25.12 of the Zoning C�de allows the Planning
Commission to hold a public hearing in order to reconsider,
suspense or revoke an approved Conditional Use Permit.
2. Backaround
On September 17, 1993, a business licence investigation was
initiated for the subject property to determine if business
license requirements and other City Code requirements were
being complied with by.the property owner. The Planning
Staff was contacted to participate in the investigation.
Staff requested, by September 23, 1993, that the property _.
, owner a) provide plans of the existing operation for a 48
Hour Review, b) submit a.fencing plan, c) permit inspection
of the-property on September 30, 1993 in order to determine
compliance with conditions under CUP 83049. The property
owner submitted plans on September 23, 1993 as requested,
but never completed the 48 Hour Review. Although plans were
submitted for Staff review, the owner never met with or
discussed the merits of the plans.
r On October 4, 1993, the Business License Administrator, per
advice of Staff, issued a letter to the property owner
grantinq a 30 day extension to accomplish Staff's requests
and instructions.
On June 6, 1994, Staff visited and reviewed the subject
property and determined that compliance with CUP 83049 had
not been met by the property owner. Among the 28
' conditions, six (6) were not in compliance, including:
1. Provision for eight (8) parking spaces.
2. The screening of the property with a six (6') foot
high masonry wall or fence with opaque material.
3. Removal of damaged or wrecked vehicles from the
site.
4. Trash container meeting Code requirements.
5. Removal of all debris and trash from the subject
site.
6. Provision of landscaping for five (50) percent
of the site, including irrigation. I
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The issues above were discussed with the property owner and Staff
informed the owner that CUP 83049 may be recommended for
� revocation. on June 8, 1994, the property owner stated that he
would clean his lot by June 16, 1994. However, the task was not
completed at that time.
On June 30, 1994, the property owner was informed that CUP 83049
would be consider for revocation by the Planning Commission on
July 12, 1994.
Code Enforcement and Planning Division staff inspected the
property on July 7, 1994. The owner/lessee of the property had
cleared many of the junked parts from the property and had his '
staff loading old tires and other junk parts onto a truck for
removal. An employee was sweeping and cleaning up the parking
area. The only vehicle in the parking area was a large truck
being repaired.
The owner/lessee indicated that all remaining junked parts will
be removed as will auto glass and other parts being stored on
workshop roof. He stated that he int�nded"to steam clean the
parking area and restripe the parking stalls.
Owner also displayed a valid business license.
On August 2, 1994, Staff visited the subject site and observed
that 1) the required eight parking places were not in place, 2)
, the property remained partially screen with a white wooden.or
metal fence, 3) a number of damaged and wrecked vehicles �
remained on the open portion of the lot, 4) a City permitted
trash enclosure could not be seen, and 5). debris and trash remain
on the lot.
On August 3, 1994, Staff contacted the business owner and
informed him of the Staff visit.
On September 8, 1994, Staff visited the subject site and observed
that two (2) parking spaces were established on the site
(although, not according to approved plans). It was explained
' to Staff that the owner would increase the height of an existing
block wall along the rear yard set back from five (5') feet to
six (6') feet. However, the owner/lessee. still was not in
' compliance with Conditions of the Use Permit. As required, the
eight (8) parking spaces were not in the property was not
adequately screened, damaged and wrecked vehicles, and trash and
debris remained on the site, and landscaping has not'been
installed.
On September 28, 1994, Staff visited the subject site and
observed that eight parking spaces were in place and vehicles and
materials on site were arranged in an orderly fashion. The'
business owner explain that the glass shop was vacated and the
repair shop would expand into the space. With cooperation from
the property owner adjacent and north of the subject site, and
six foot block wall at the rear of the site would be established.
However, the owner was still not in full compliance with
Conditions of the Use Permit, since the block wall has not been
complete and landscaping has not been installed.
, 3. Prooerty Location
The property is located on the north side of E. Imperial
Highway, at 2971 E. Imperial Highway in the C-3 (Heavy
, Commercial) Zone.
4. Property Size •
The subject property is a rectangular shaped lot •
approximately 8,750 sq.ft. in size.
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5. Existinq Land Use
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' The subject site is flat. The surrounding uses are as
follows:
North - Residential South - Manufacturing
East - Commercial West - Commercial
6. Land Use Description
General Plan: Zonincf:
North - Residential Single �Family Residential (R-1)
South - Industrial- Manufacturing (M)
East - Commercial Heavy Commercial (C-3)
West - Commercial Heavy Commercial (C-3) _
7. Project Characteristics:
The subject property contains an existing 1,118 sq, ft. one .
(1) story containing an auto glass sHop and office,
existing 2,312 sq.ft. and 377 sq. ft., structures housing
auto and truck repair and.parts storage and approximately
three (3) parking spaces in front of the auto glass shop,
and eight (8) spaces within the truck repair area.
8. Zonincl Enforcement Historv
Notice of Violation filed on 1/20/89 for abandoned and
broken equipment, storage of old auto parts, no business
license.
9. Public Response
None of record.
ANALYSIS AND CONCLUSION:
l. Consistencv with General Plan
The proposed land use is consistent with the existing Zoning
Classification (C-3) anc3 General Plan designation of
Commercial. Therefore, maintaining Conditional Use Permit
No. 83049, 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 proposed development relative to structures, parking,
walls, fences, landscaping, driveways and other development
features required by the Zoning Ordinance.
3. Compatibilitv .
,' The proposed development is surrounded by commercial and
industrial uses. Residential uses exist to the north of the
subject site. Therefore, the project will be compatible
with the surrounding land uses if conditions of CUP 83049
are met.
4. Compliance with Develobment 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 requirements for fencing and landscaping
contained in the Conditional Use Permit.
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5. Conditions of Aoproval
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. The conditions under CUP 83049 must be met in full in order
, to maintain CUP 83049. �
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 will be filed with the County Clerk.
8. Conclusion
As described above, the owner\lessee is still not in
compliance with Conditions of the Use Permit as contained in
Resolution No. 943.
RECOMMENDATION:
Staff respectfully recommends that, after public testimony and
consideration by the Commission, the Planning Commission revoke
Conditional Use Permit No. 83049.
ATTACHMENTS•
1. Location Map
2. �Site Plan
3. Resolution No. 943
4. Letter of Agreement By Owner
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RESOLUTION N0. 943
: A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LYNWOOD APPROVING A CONDITIONAL USE PERMIT
TO ALLOW THE OPERATION OF AN AUTOMOTIVE REPAIR BUSI-
NESS AT 2971 IMPERIAL HIGHWAY, LYNWOOD,
� WHEREAS, the Planning Commission ot the City oi Lynwood
, did, purauant to law, on September 13, 1983, hold a public hearing
oa the requested Conditional Use Permit at the subject address;
WHEREAS, the Commission has carefully-considered all
pertinent testimony offered in the case as presented at the public
hearing.;
WHEREAS, the Planning Division has determined that the
proposed pro,ject is categorically exempt from the provisions oP
the Caliiornia Environmental Quality Act;
WHEREAS, a Conditional Use Permit is required for the opera-
tion oi an automotive use on appropriately zoned and sized properties
in the City,
The Planning Commission of the City of Lynwood DOES HEREBY
, RESOLVE as follows:
Section 1. The Planning Commission hereby finds and con-
cludes as ol� lows:
A. The granting of the requested Conditional Use Permit
will not adversely affect the comprehensive General
Plan as the sub,�ect property ia designated "Commercial"
_ on the General Plan Map;
. B. The proposed conditional use is in accord with the
development standards regulating development stand-
ards regulating development in the C-3 Zone;
C. The proposed location oY the conditional use and the
conditions under which it would be maintained will
not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or im-
provements in the vicinity;
D. The proposed conditional use will comply with each of
the applicable provisions oP the Zoning Ordinance as
stated in the conditions listed in Section 2.
Section 2. The Planning Commission of the City of Lynwood
hereby approves a Conditional Use-Permit to allow the oper�tion
of an automotive repair business at the,above address, subject to
the Yollowing conditions:
A. The property st�.l? be used for an autanotive repair
business, two(2) residences and required parking
per plot plan aubmitted, conditiona impoaed and any
Puture modifications thereto; "
���B. A minimum of eight (8) off-street parking spaces
shall be provided, Said parking spaces shall be
nine (g') feet by eighteen (18') feet in size, shall
1 be plainly striped on the parking lot surface, and
shall have a concrete wheelstop placed at the head -
of each space;
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C. All automotive repair shall be conducted entirely
, within the workshop building;
, P: All automotive repair activities on.the site shall
` be confined to the hours between 7:OO.A,M, and 9:00 P.M.
� daily;
E, The workshop building shall be suPficiently sound- •
proofed-to prevent annoyance or detrimenS to surrounding
' properties;
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;% F, All damaged vehicles or vehicles awaiting repair shall
�� be screened from Imperial Highway by a six (6') foot
high masonry wall or fence covered with an opaque materi-
al approved by the Community Development Director;
G. Five (5�) percent of the total area of the site shall
be improved with well maintained irrigated landscaping
�approved by the Community Development Director;
_ H, No damaged or wrecked vehicles shall be stored Por pur-
poses other than repair;
I. Garbage or trash receptacles shall be stored within a
� three (3),sided masonry enclosure six (6') feet in
height.
J, All debris and trash shall be removed from the site;
K, The outside storage area at the rear oi the property
shall be enclosed with a aolid wall or uni2ormly paint-
• ed board fenCe not less than six (6') feet in height;
L.,The wooden portion oY the feace along the rear lot
line shall be replaced with a aolid masonry wall six
(6') feet in height;
M. The automotive repair busineas ahall be registered
with the Bureau of Automotive Repair;
N, All perking areas shall be paved with a hard surface
and sloped so as to be drained oi all surface water;
0. The driveway approach to the aub�ect property shall
tie reconstructed per City Engineering Department stand-
arda;
P. 3aid driveway approach ahall be �aired to the satis-
iaction oi the Engipeering Department;
Q. The curb shall be repaired to the satisfaction of the
� Engineering Department;
R. The sidewalk shall be reconstructed per City Engineer-
ing Departwent standards;
S. The oil stains on the sidewalk and in gutter shall
be cleaned up.
T, The subject parcels, Numbers 10 and 11, shall be
merged by recordation by the County Secorde* n*ior to
use oi said parcels ior automotive repair;
U. All necessary licenses and permits shall be obtained
prior to operation at aub,�ect location; •�
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V, All Lynwood Municipal Code and 'Lonin� Ordinance re-
�� quirements shall be met;
W. All required bonds for oiY-site improvements (water
mains, fire hydrants, curbs, gutters, sidewalks, etC,)
shall be submitted prior to issuance of a Business
License;
X. The Conditional Use Permit shall lapse and become void
if operation according to the.preceding conditions doea �
not cortmence within ninety (90) days from the date oi
approval;
Y. The drains leadin� Prom the rooi of the workshop to
the street shall be unclogged and reconnected;
Z. All Fire Department requirements specified in Addendum
A shall be met,
AA. AU structures in residential uae shall meet the requirementa of
the Housing Code. �
BB. The ilfegal residential use shalt be terminated immediately.
APPROVED AND ADOPT�ll this 13th day oY September., 1983, by
members of the Planning Commission voting as follows:
AYE$: Co�iseioners Dove� Raymond� Pryor 6 Robbine
NOE3: Noae
ABSENT: Co�missioners Nodge 6 Ifanka
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• Dona Dove, C airmaa `
APPROVED AS TO CONTENT: APPROVED A3 TO FORla;
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a ra ea o un ty �, urt eager sa ant ty
DeVelopment Director Attorney .
Statement oi Acceptance
All conditions and provisions of the foregoing Conditional Use
Permit and Resolution No, 943 are hereby accepted by the undersigned,
applicant, who expreasly agreea to periorm and be bound by each con-
dition thereof,
- Date �/ / S - �j Z � (.0 � � �lr�l.if�
Signature
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, DATE: October 11, 1994 ����-�� � 3 %-�'i�i �':tJ,
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TO: PLANNING COMMISSION �i'"+.J�.. 9'C� ��--------�-�-
FROM: Robert Diplock, Planning Manage�\v)�
_ Community Development Department ���
BY: Louis Omoruyi, Planning Associate .
SUBJECT: Zone Chanae - Case No. ZC 11
Applicant: Citv of Lynwood and Mr Louis Ross
PROPOSAL: •
, _ The staff and the applicant are requesting approval of a Zone
Change (ZC 11) from R-3 (Multiple Family Residential) to C-2A.
, (Medium Commercial) in order to establish conformity to and
consistency with the General Plan in'the Commercial General Plan
Categor.y for an area bounded by the Long Beach Boulevard, Louise
Street, Lewis Street, ,an unnamed alley and the Century Freeway
(I-105). This item was continued to the Planning Commission
meeting of October 11, 1994 to allow Mr. Ross the opportunity to
present a.proposal/project along with this request and to allow
'�. staff to prepare alternatives for consideration by the
Commission. -
FACTS':
° l. Source of Authoritv
Section a. of the City Zoning Ordinance allows
. property owner(s) to initiate a change in zoning boundaries
and classification. '
2. Propertv Location . �
The properties consist of existing residential land uses
and vacant lots. The properties are identified in the Los
. Angeles County Assessors Book 6175, as parcels 1,2,3,4,5,
28 and the remainder of lot 520, page 2; parcels 13, 14,
15, and the remainder of lot 518, page 3; and parcels 5,
6,- 7 and ,8, page 9 on the Southeast corner of Long Beach
" Boulevard and the Century Freeway (I-105) (see attached'
' Location Map).
3. Property size
The subject properties are combinafion of irregular and '
, regular shaped lots, approximately 85,000 square feet in
total size.
' 4. Existing Land Use
The properties consist of existing residential uses, and'
" vacant lots. The surrounding land uses are as follows: •
North - Freeway
_ South - Commercial, Residential .
East - Residential
west - Commercial
5. Land_Use Desiqnation
The General Plan designation for the subject property is
Commercial while the Zoning Classification is R-3. The
, surrounding land use designations are as follows:
` ' General Plan Zoninq
, North - Transportation North - C-2A, P-1
South - Commercial South - C-2A, P-1
East - Commercial, Residential East - R-2, R-3
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�. West - Commercial . West - C-2A
,l 6. Pro�ect Characteristics
The Zone Change is proposed in order to establish..
conformity to and consistency with the General Plan. As a
- result of the General Plan Revision adopted by the City
Council in August, 1990,,'this area was designated
Commercial. In order for the zoning to be corisistent with.
the General Plan it is necessary to change the zoning of the �
properties from the R-3 (Multiple Family Residential) zone
to the C-2A (Medium Commercial) zone. The zbne change has '
'. been requested by the agent of the property owner.
7. Site Plan Review ,
On August 25, 1994, the Site Plan Review Committee evaluated "
the proposed zone change and' recommended approval to the
Planning Commission.
8. Zoning Enforcement Historv �
Mr.. Louis Ross was cited by the Code Enforcement Division �
.. • regarding the clean up of rubbish and debris on this
w property on several occasions.
9. Public Resoonse
Staff received one phone call fro:n a residential property
owner to the south asking that the owner of this property
discuss any potential development plans with the
surrounding property owners.
During the public hearing on this item at the Commission
_ me:eting of September 13, 1994, the Commission heard
: testimony from several residents of the area in opposition
to the proposed zone change. Major_concerns were increased
, traffic and the creation of non conforming residential
parcels.
10 Planning Commission Action
, At its xegularly scheduled meeting of September 13, 1994,
the Planning Commission heard testimony in favor of and in
opposition to the proposed zone change. The Commission
` continued this item to their October 11, 1994 meeting to
give the property owner an opportunity to present a proposal
for the Commission to review and consider, and requested
that staff prepare alternative to the proposed zone change.
ISSUES AND ANALYSIS
, l. Consistencv with General Plan and Zonina
The existing zoning classification (R-3) is inconsistent
with the General Plan designation of Commercial. The •
proposed zone change from R-3 (Multiple Family Residential)
' to C-2A (Med'ium Commercial) zone will make the properties �
consistent with the General Plan designation of Commercial.
The C-2A zone corresponds to the Commercial zoning.adjacent
to the property to the west. The zone change will make the
existing residential uses legal non-conforming.
2. Area Suitabilitv
There is significant commercial development immediately to
• the south, riorth and,west of the proposed zone change. This •
area,has excellent access to a major arterial street, a
• freeway interchange'and a regional transit stop and is
appropriate for major commercial development.
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3. Compliance with Development Standards
? The subject area is adequate in size and shape to carry out
the intent of the Commercial zoning category and can
accommodate proposed commercial development relative to the
proposed density, bulk of the structures, walls, fences, and
other development standards required by the Zoning
Ordinance.
4. Compatibilitv
The area proposed for the zone change is located east of
existing commercial land and there is commercial development
. to the north, south and west and along Long Beach Boulevard.
. Future commercial development could adversely impact
residential development to the east of the property, Any new
commercial development in this area must be carefully
, designed and screened to minimize any adverse impacts.
The zone change will not have a negative effect on the
values of the surrounding properties or interfere with or
endanger the public health or welfare.
5. Benefits to Communitv
The proposed zone change could lead to major new commercial
, development at this location and help upgrade the adjacent
commercial strip. The new use likely would provide
additional local employment opportunities.
Alternatives To The Proposed Re2oninq
At the Planning Commission hearing on this item on September 13, '
1994, because of concerrrs about potential adverse impacts of
commercial development, the Commission asked staff to look at
, alternatives to the proposed rezoning.
Staff has identified two possible alternatives which are
described below.
Alternative A
Rezone only those properties owned by Mr. Louis Ross (parcel 4,5
of lot �519, and remainder of lot 520, parcels 13, 14, 15, of lot
518, remainder of lot 518 and lots 754, 756, 757).
Advantages: Avoid creating legal non conforming uses on
property not owned by applicant.
' Disadvantages: Leaves an area of inconsistent residential zoning
in the middle of a consistent commercial zone.
Alternative B
Rezone only those properties owned by Mr. Louis Ross west`of
Lewis Street (parcels 4, 5 of lot 520, remainder of'lot 520, and
,' lots 754, 756, 757). ,
Advantages: Avoids creating legal non conforming parcels�on
residential property. .
_ Disadvantages: Leaves a large area of inconsistent zoning.
ENVIRONMENTAL ASSESSMENT:
The Director of Community Development-has determined that no
substantial environmental impact will result from the proposed
zone change; therefore, a Negative Declaration has been filed in
the Community Development Department and in the Office of the
' City Clerk.
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RECOMMENDATION:
":
Staff respectfully requests that after consideration, the
Planning Commission:
1. Find that the proposed Zone Change from R-3 (Multiple
- Family Residential) to C-2A (Medium Commercial) zone
will not have a significant impact on the environment and ^
, that a Negative Declaration has been issued pursuant to
the provisions of the California Environmental Quality
Act as amended.
2. Approval the proposed Zone Change, Case No. ZC 11 for'
parcels 1, 2, 3, 4, 5 and the remainder of lot 520, page
2; parcels 13, 14, 15, and the remainder of lot 518, page
3; parcels 5, 6, 7, and 8 page 9 of the Los Angeles
. County Assessor's Book 6175 on the southeast corner of
Long Beach Boulevard and the Century Freeway (I-105).
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, ATTACHMENTS .
1. Location Map
2. Exhibits l, 2, 3, 4 �
3. Resalution 2525
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RESOLUTION NO. 2525 .
r •
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LYNWOOA RECOMMENDING AN
, AMENDMENT TO THE LYNWOOD ZONING MAP
PERTAINING TO A ZONE CHANGE FOR PARCELS
1,2,3,4,5 AND THE REMAINDER OF LOT 520,
PAGE 2; PARCELS 13,14,15, AND THE
REMAINDER OF LOT 518, PAGE 3; PARCELS
5,6,7, AND 8 PAGE 9 OF THE LOS ANGELES
• COUNTY ASSESSOR'S BOOK 6175 LOCATED AT
THE SOUTHEAST CORNER OF LONG BEACH
BOULEVARD AND THE CENTURY FREEWAY (I- '
105), LYNWOOD CALIFORNIA.
WHEREAS, the Planning Commission of the City of Lynwood,
' pursuant to law,'on September 13, 1994 and October 11, 1994 held
a public hearing on the subject application; and
WHEREAS, the Planning Commission has carefully considered
,:�,,��,�a13- pertinent testimony offered at the. public hearing; and
WHEREAS, the Zone Change bring the zoning into consistency
with the General Plan designation of Commercial by changing the
zoning from R-3 (Multiple Family Residential) to C-2A (Medium
Commercial) zone; and
WHEREAS, the Community Development Director has determined
that no substantial environmental impact will result from the
proposed zone change and that a Negative Declaration had been
prepared and filed in the Community Development Department and
, the office of the City Clerk.
Section 1. The Planning Commission of the City of Lynwood hereby
finds and determines as follows:
' A. The current R-3 (Multiple Family Residential) zone is
inconsistent with the General Plan designation of Commercial for
this property and thus a zone change is required in order to be
consistent with the General Plan.
B. The subject site would accommodate major commercial
development due to its size, location, and proximity to the ��
Freeway and other commercial land uses.
, C. The Zone Change to C-2A (Medium Commercial) would be
_ consistent with the General Plan designation of Commercial.
D. The proposed Zone Change will not be detrimental to
the properties surrounding the site.
Section 2. The Planning Commission. of the City
of Lynwood, based upon the aforementioned findings and
determinations, hereby approves Zone Change Case No. ZC 11 and
recommends City Council adoption of an ordinance changing the'
" . Zoning Map from the R-3 (MUltiple Family Residential) to the
C-2 (Medium Commercial) zone for Parcels 1,2,3,4,5 and the
remaindeT of Lot 520, page 2; Parcels 13,14,15 and the reminder
of lot 518, page 3; Parcels 5,6,7, and 8 page 9 of the Los
Angeles County Assessor's Book 6175 located at the southeast
corner of Lonq Beach Boulevard and the Century Freeway (I-105),
Lynwood, California. -
l
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� 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:
- Errick R. Lee, Chairperson -
� APPROVED AS TO CONTENT: APPROVED AS TO FORM: �
Robert Diplock Michele Beal Bagneris .
Planning Manaqer Deputy City Attorney
' Community Development Department
� f:\resotutn\reso2525 "
. , . , . _ _ . z ., , ' . , .
� �/ ' ' i tl : �.1�� �r��
a•
� DATE: October 11, 1994 �'•'-1� .-�_—.-/
To: PLANNING COMMISSION v �
FROM: Robert Diplock, Planning Manager
Community Development Department
SUBJECT:� Conditional Use Permit Case No. 150
Applicant: Enrique Cervantes `
` PROPOSAL:
. The applicant is requesting approval of a Conditional Use Permit
in order to operate a van conversion business, in a 392.5 sq.ft.
upholstery shop at 11054 S: Atlantic Avenue, in the C-2A (Medium
Commercial) zone. '
FACTS•
1. Source of Authoritv
,,' Section 25-16.15 of the Lynwood Municipal Code requires that
a Conditional Use Permit be obtained in order to operate any
business involving automotive uses.
2. Propertv Location
The subject property consists of a regular shaped lot on the
east side of S. Atlantic Avenue between Elmwood Avenue and
. Los Flores Boulevard (see attached location map).
3. Propertv Size.
The subj,ect prop'erty, composed of two (2) lots, is
approximately 6,360 square feet in size.
4. Existing Land Use
The subject site contains an existing L shaped structure
which is approximately 2,556 square feet in area. The
surrounding land uses are as follows:
North-Commercial East-Residential
South-Commercial West-Commercial
5. Land Use Description
General Plan: Zonina:
' North = Commercial North - C-3.
South - Commercial South - C-3
East - Commercial East - R-2
West - Commercial West - C-3.
6. Proiect Characteristics:
The applioant proposes to operate a 392.5 square foot
upholstery shop, on a site 6, 360 square feet in size. The
proposal calls for an enclosed work area and provision of
one (1) parking space at the rear of the lot. Since the
subject operation is located at the rear of the site, a`
traffic directional sign is proposed for the business. The .
site also contains a.radiator shop, a muffler shop, three
(3) hoist lifts, and three (3) additional parking spaces.
,, The proposal does not call for landscape areas. .
. f\planningCstaffrpt\f:cup50 �
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7. Site Plan Review
At a special meeting on Thursday, October 6, 1994, the Site
P1an Review Committee evaluated the proposed development and
' recommended denial to the Planning Commission. „
� 8. Zonina Enforcement Historv �
None of Record at the time this report was prepared. '
9. Public Resoonses
None of record at the time this report was prepared.
ANALYSIS AND CONCLUSION:
l. Consistency with General Plan
� The proposed land use is consistent with the existing zoning
classification of C-3 (Heavy Commercial) and General Plan
designation of Commercial. Therefore, granting Conditional
Use Permit No. 150 will not adversely affect the Lynwood
General Plan.
2. Site Suitabilitv
The property is inadequate in size and shape to accommodate
the proposed development relativ� to structures, walls, ,
fences, driveways and other development features, and in
particularly parking required by the Zoning Ordinance:-
' Given current development and use on the subject site, ten
. (10) parking spaces are required.
3. Compatibility
The proposed deveiopment is surrounded by a mixture of
commercial developments; therefore, the project will be
compatible with the surrounding land uses.
� 4.. Combliance 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, it does not meet the
, area requirements for parking.
5'. Conditions of Approval
The improvements as proposed would have a negative effect
on the values of the surrounding properties because of the
intensity of use and may interfere with or endanger the
public health, safety or welfare because of the increased
parking congestion it would create in the neighborhood.
6. Benefits to Communitv
The proposal will not assist in upgrading the commercial use
of, the property and does'not support the intent of the �
commercial designation of the General Plan.
7. Environmental Assessment
Staff has found that no substantial environmental impact
will result from the proposed development; therefore, a
Negative Declaration has been filed in the Community `
Development Department and in the office of the City Clerk.
� f:\siaffrpt\cup150 � � � -
� �� . . . . . 2 . . .. (
� •
RECOMMENDATION
L'
Staff respectfully requests that, after consideration, the
Planning Commission deny th,is application.
�
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RECOMMENDATION
�;
Staff respectfully requests that, after consideration, he
Planning Commission deny this,application.
I
ATTACHMENTS: , , . -
1. Location Map
2. Resolution No. 2526 �
3. Site Plan
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`�,' _ . DATE: October 1T, 1994 ; �, I G � �s �
T0: PLANNING COMMISSIpN '
FROM: Robert Diplock, Planning Manag
' Planning Division
, BY: Louis omoruyi, Planning Associate
, SUBJECT: Conditional Use Permit Case No. 151
Applicant: Ernesto Vides
Proposal:
. The applicant is requesting approval of a Conditional Use Permit
• to sell beer and wine for off-site consumption in an existing
' 'market at 4363 Imperial Highway in fhe C-3 (Heavy Commercial
Zone.
Facts
' l. Source of AuthoritV:
Sections 25-16.2oc of the Lynwood Zoning Ordinance requires
that a Conditional Use Permit•be approved to allow
. establishments to sel'1 alcoholic beverages.
2. Propertv Location and Size
The site is located on the west side of Imperial Highway
- between Imperial Highway and Elm Avenue (see the attached
' location map). The subject property is an irregular lot,
approximately 16,875 square feet (135'x 125') in siZe.
3. Existina Land Use
The subject property is developed with a mini mall consisting
of a market and approximately 6,600 square foot.of other
retail stores (5 rental spaces). The existing 2,80o square
foot market, subject of the request for a permit for the sale
of beer and wine, is located within the mini mall. The '
surr.ounding land uses are as follows:
North - Commercial
South - Commercial
East - Commercial
West - Commercial .
.4. Land Use Designation
The General Plan designation for the subject property is
, • Commercial, while the Zoning Classificatiorr is C-3 (Heavy
, Commercial. The surrounding land use designations and zoning
are as follows:
" General Plan Zoning '
North - Commercial C-3
. South - Commercial � C-3
East - Commercial C-3
' West - Commercial C-3 °
5. Project Characteristics
. . The.applicant proposes to sell beer and wine only at an
existing food and groceries market. The site is developed as I
, a mini mall with five (5) retail spaces currently occupied i
by Daily Donuts, La Pizza Loca, Auto Parts, and Video 5000 I
as well as Vides Market. There 22 parking spaces i
provided. • i
The subject site meets the development standards of the Code. I
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� 6. Pro�ect HistorV
',� ' .
, The subject property was originally a Circle K Market with a
license to sell beer and wine. The Corporation did not renew
their license in 1991, thus the license expired..On December .
10, 1991 the Planning Commission denied an application from a
, prospective lessee requesting a Conditional Use Permit (Case
No. 97) to se1S alcoholic beverage at this address,.in part
� because the store does not meet the distance requirements of
the Ordinance.
The market was closed from 1991 through 1992. The current °
agplicant reopened the market on February 24, 1993 and
' submitted an application for a Conditional Use Permit on
September 19, 1994_ The applicant was informed as to the
problems regarding the site not meeting the dist,ance
.. requirements established by the City Code (Ordinance 1306). '
� 7. Site Plan Review
At its regular meeting on September 28, 1994, the'Site Plan "
Review Committee evaluated the proposed development and
recommended denial to the Planning Commission. The Committee
determined that the proposal does not meet the distance
requirements established by City Code (Ordinance 1306).
Section 25-16.20 requires that all off-sale liquor
establishment shall maintain a distance of five hundred feet
from any other establishment where alcoholic beverages are
sold for both off-sale and on-sale consumption. '�
8. Zonina Enforcement Historv
None of record at the.time this report was prepared.
9. NeiqhborHood Response
None on record at the time this report was prepared. �
' ANALYSIS AND CONCLUSION
1. Consistencv with General Plan and Zoninq Ordinance
The 'proposed land use is consistent�with the existing zoning .
classification C-3 and the General Plan designation of
Commercial. The proposal does not meet the distance
requirements of 500 feet between es'tablishments selling
alcoholic beverages as required under Section 3. 25-16.20 of
,' the Zoni'ng Ordinance. There are two (2) alcoholic beverage
- establishments closer than 500 feet to this market: A) On-
sale at 11022 Atlantic Avenue, B) Off-sale at 11004 Atlantic
Avenue.
2. Site.Suitabilitv � "
The property is adequate in size to accommodate the proposed
development. The lot/site meets current development standards
relative to structures, parking, walls, fences, landscaping,
dr.iveways and other feature required by the Zoning Ordinance
except that for the distance'requirements per Section 25-
. 16.20. ,
3. Compatibility
� The proposed development is surrounded by commercial and
other uses. Permitting the sale o� alcoholic beverages at
this site would not be incompatible with the adjacent
commercial uses, but may have a negative effect on adjacent .
residential uses as a result of its.proximity to two (2j'
existing alcoholic beyerage establishments.
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4. Comoliance with Development Standards �.
s, _ .
Section 25-16.20e Off-Sale Liauor Establishments of the �,
- Zoning Ordinance requires that a distance of 500 feet,be
" maintained between an off-sale alcoholic beverage store and
other liquor establishments, as well as churches, schools,
hospitals; parks and playgrounds, and other similar
consideration points. The subject site.is within 500 feet
of two of the listed consideration points. Approval of this
application wouTd be in violation of these requirements.
ENVIRONMENTAL ASSESSMENT
The Community Development Director has determined that the
, project is categorically exempt pursuant to Section 15061b (3).of •
' the State CEQA Guidelines as amended.
RECOMMENDATION � . '
, Staff respectfully requests that the Commission, after
consideration, deny Conditional Use Permit No. 151 because the
proposal does not meet the distance requirements of the zoning
Ordinance.
Attachments '
� 1. Location Map
2. Site Plan
3. Exhibit A
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_+ DATE:, October 5, 1994
T0: PLANNING COMMISSION
'- FROM: Robert Diplock, Planning Manager _
Commun'ity Development Department
SUBJECT: Determination as to Use Not Listed
" , .. Applicant: Ray Barrett
' PROPOSAL• ,
� Staff is requesting a determination of whether a proposed,use, a
retail/wholesale soft drink distribution business is a permitted
use.in the CB-1 zone.
FACTS:
1. Backqround
Mr. Ray Barrett has applied for a businesa license for a soft drink
distribution.business which he wishes to locate in an existing
building at 11245 Peach Street in a CB-1 Controlled Business zone.
In discussing this proposal with Mr. Barrett, staff questioned if
,. this was a permitted use in the.CB-1 zorne. In order tb allow Mr.
"' Barrett to get a determination as quickly as possible, staff is
" requesting an evaluation of the proposed use by the Planning
Commission and a determination if the project could be considered
similar to permitfed uses in the CB-1 zone.
2: Source of Authoritv
Section 25-24.1 of the Zoninq Ordinance establishes a procedure for
� determination by the Planning Commission "whether a u"se not.
'. - specifically listed as a permitted or conditional use in any'zone
'' shall be deemed a permitted or conditional use in any one or more
,zones on the basis of similarity to uses specifically listed." "
, 3. Propertv Location:
The location of the proposed use is 11245 Peach Street, just north
of Fernwood and west of Long Beach Boulevard.
ISSUES AND ANALYSIS �
Mr. Barrett is a distributor for Nesbitt $oft drinks and wishes to
. purchase and renovate an eicisting large buildinq at 11245 Peach
Street across from the shopping center in the Town Center
(Redevelopment Project Area A). This area is zoned CB-l.except for
the_shopping center itself, which is zoned PCD (Planned Commercial
Development).
Mr. Barrett proposes to distribute soft drinks and bottled water to
various retail users and also to sell soft drinks in case lots to
retail customers. Mr. Barrett originally indicated that wholesale
distribution prob"ably would account for 80� of his business with ,
the remaining 20o being retail. In that situation, staff felt that .
this was clearly a wholesale use and would not be permitted in this
zone (wholesale uses are permitted in the C-3 and M zones) . In
addition, the Redevelopment Plan for area states that "persons
.. will be permitted to deveTop and use property within the
" Project'area only for retail commercial sales uses, commercial
, _ service facilities, and professional office facilities". �
, However, after further discussion, Mr. Barrett has explained that
his wholesale operation involves loading one truck in the morning
' that delivers to retailers during the day, not returning until
evening. Therefore, most of the activity at the site for the rest
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of the day would be "cash and carry" retail sales (the business is '
open from 8 a.m. to 5 p.m.). In addition, Mr. Barrett has
indicat'ed that he will attempt to build the cash and carry portion
of his business to 60% (see attached letter)._ .
Physically, the building, site and location appear appropriate for
the proposed use. There are heavy commercial structures adjacent "
to.the site and a large warehouse type structure across the street.
The Redevelopment Agency has not designated this area as a high , �
priority for acquisition or redevelopments of this and neighboring
, " structures as a high priority. However, since this project is in
the redevelopment' area, the Redevelopment Agency will have to `
approve the use, site plan and elevations. �
If you define "use" by dollar volume, then the proposed use should
be considered a wholesale use and not permitted. If "use" is to be
defined by the physical activity at the site, then the proposed use
could be considered predominantly retail and similar to other
permitted uses such as bakeries, food markets, or specialty shops
(see list of permitted CB-1 uses).
- RECOMMENDATION• -
Staff respectfully requests that after consideration, the Planning
Commission find that the proposed use, the sale and distribution of ,
, soft drinks, will operate primarily as a retail use and therefor .
can be considered a permitted use in the CB-1 (Controlled Business)
� zone. -
ATTACHMENT ' �
_ l: Request for Determination
2. Permitted Uses in CB-1 Zone
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-` Excerpts from the Zoning Ordinance
� (Lynwood Municipal Code - Chapter 25)
For complete requirements, please consult the full
�Ordinance
25-7 CB-1 CONTROLLED BUSINESS ZONE.
a. Intent. The CB-1 Zone is intended to provide the retail core area of
the business districts with uses to be intensive ia nature. This district is also '
intended to stabilize, improve, and protect the commercial characteristics of the
_ business areas of the community , and to provide for orderly growth of new
t planned business commercial development in the areas designated for said district
in the General Plan. � '
� b. Permitted uses. The following uses shall be permitted in the CB-1
� Zone:
1. Accessory uses and buildings appurtenant to any permitted use.
2. Antique shops. .
- 3'. Banks and financlal institutions.
- 4. Bakeries . �
5. Barber shops.
- 6. Beauty shops.
7. Bookstores/starionery shops.
8. Cafeteria.
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. Zoning .
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g, Cleaners/laundries.
_ 10. Cocktail bars. ,
11. Department stores.
12 . Florists .
13. Food markets.
14. Hardware stores. •
15. Jewelry stores.
16 • Mariufacturing and repair operations and services which are ..
clearly incidental to the sale of products at retiail on the premises:
17. Music stores.
18. Off-street parking garage/Parking lot. .
, ° lg, personal service establishments•
Zp, Professionai offices.
�� �
21. Public and quasi-public uses. ,
22. Radio and television transmittirig, and"""r,,,,,,///eceiving antennas, in
accordance with the provisions of subsection� 16.4.
• 23. Shopping center:
24. Specialty shops (sales and/or services).
25 . Theaters .
26. Any other retail or service business deterinined by the Planning
Commission to be of the same ct similar character as the above uses.
27. Recycling facilities ��sing one or both of the following: Reverse
vending machines, small collection facili:ies, or mobile recycling units.
ADDENDUM
� .
ADDENDUM TO AGENDA ITEMS ON FILE FOR CONSIDERATION
AT THE REGULAR MEETING OF THE LYNf400D �
PLANNING COMMI3SION TO BE HELD ON ���� ,���
OCTOBER 11� 1994 IN THE COUNCIL CHAMBERS �'
�:so P.M. RE'�GEIVED
CITY OF LYNWOOU
CITY CLERKS Of�ICE
EiriCk R. Lee
Chairperson D�T 1 � i:.,, �
AM p�
7�Si9iIDi11i12i1 i2i3i4i°�i6
Carlton MeMiller ponald Dove / �
Vice Chairman Commissioner ��� ,/�� �
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Eloise Evans Frankie Murphy���f, C�^C�
Commissioner Commissioner -� �}�"
Jamal Muhsin � John Haynes
Commissioner , Commissioner
I C O M M I 3 8 I O N C O U N S E L: ;
Mic',:els Beal Bagneris I
inte�im.neputy City Attorney ;
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- STAFF• �
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Roqer Haley Robert Diplock �
special Assistant Planninq Manager �
Art Harfield Louis Omoruyi �
Associate Planner Associate Planner '
Louis E. Morales, Jr. Paul Nquyen
Associate Planner ' • Civil Engineer Assoc.
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REGULAR ORDER OF BUSINE88
6. RE-ORGANIZATION OF COMMI83ION -
Appointment of Chairperson and Vice Chairperson �
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ADJOURNMENT
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Adjourn to the regular meeting of the. Planning Commission on
November 8, 1994 at 7:30 p.m., in the City Hall Council Chambers, �
11330 Bullis Road, Lynwood, California. ;
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