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HomeMy Public PortalAbout03-08-94 PLANNING COMMISSION �� A :�: � AGENDA LYNWOOD CITY PLANNING COMMISSION REGULAR MEETING - 7:30 P.M. City Hall Council Chambers �-V ��.d'✓�� � 11330 Bullis Road, Lynwood, CA �'( �y£; r: � c,i a_ , I .�.' CRY GF L'l;�i':';�00 � - • :! CITY CLLi�K,S C��=1C:E - �. r:� � March 8, 1994 �l�� vJ :_� i ,�. , _ _ AM P!� . . ��8�9iIDillilZi�.i`�'t�i4i�i6 ; Errick R. Lee ' Chairperson ������(�. " '" � �` � � r-�r , � /•�� � i�/'��� Carltori McMiller ponald Do� V cl Vice Chairman Commissioner a Eloise Evans Joyce Hurley Commissioner Commissioner � Jamal Muhsin Frankie Murphy �. Commissioner Commissioner C O M M I S S I O N C 0 U N S E L• � Michele Beal Bagneris i Interim Deputy City Attorney 4 � STAFF : � -•.� Sol Blumenfeld, Director Robert Diplock ' Community Development Department Planning Manager � Art Barfield Louis Omoruyi ; Associate Planner Associate Planner i Louis E. Morales, Jr. Paul Nguyen i Associate Planner Civil Engineer Assoc. • � � I I i , I � � I � �� ' ' ' I � i i , f:�wpfiles�mar94 � � , � � � 1 I ' ' ; i , I _ I � � s March 8, 1994 OPENING CEREMONIES A. Call meeting to order. B. Flag salute. C. Roll call of Commissioners. D. Certification of Agenda Posting. E. Approval and signing of minutes for the February 8, 1994 Planning Commission Meeting. CONTINUED PUBLIC HEARING: 1. CONDITIONAL USE PERMIT CASE N0. CUP 139 Applicant: Watts Health Foundation COMMENTS: The applicant is requesting approval of a Conditional Use Permit in order to establish a Women and Children Residential Rehabilitation Center in an existing vacant convalescent hospital structure at 3598 Martin Luther King Jr. Boulevard, in the C-2 (Medium Commercial) zone. This case was continued from the February 8, 1994 Planning Commission meeting to this meeting in order to correct a deficiency in the hearing notice. RECOMMENDED ACTION: �I Staff respectfully requests that, after consideration, the � Planning Commission deny this application due to an inadequate I parking supply which is inconsistent with Municipal Code ! requirements, inadequate ingress and egress to project parking which is provided exclusive from an alle ! y, and an inadequate i off-street van loadinq and unloading area. � 2. ZONE CHANGE - CASE NO. ZC9 i Iipplicant: Watts Health Foundation COMMENTS: I The a licant is re uestin a i PP q g pproval of a Zone Change (ZC 9) from C-2 (Commercial) to H-M-D (Hospital, Medical and Dental) in order to establish a women and Children Residential � Recovery Center on a 45,000 square foot parcel, which contains � a one-story, existing vacant convalescent hospital bui7ding on I the west side of Martin Luther King Jr. Boulevard at Norton � Avenue. � RECOMMENDED ACTION: I Staff respectfully requests that after consideration, the Planning Commission: � I 1. Find that the area proposed for Zone Change from C-2 � (COmmercial) to H-M-D (Hospital-Medical-Dental) is inadequate in area for parking and off street loading and � unloading and provides inadequate on-site circulation, i and 2. Deny the proposed Zone Chanqe, Case No. ZC 9. f:\upfiles\mar94 . , 2 � I ! 4 '! J �^ � .� 3. VARIANCE CASE NO. VAR 27 Applicant: Smart & Final Stores Corp. COMMENTS: As directed by the Commission, Staff is returning the subject case for consideration of Resolution No 2506 approving Variance No. 27, modifying the distance required between establishments selling alcoholic beverages to permit the sale of beer and wine in an established wholesale/retail grocery store at 10910 Long Beach Boulevard in the C-2A (Medium Commercial) zone and is requesting Commission action. This case was continued from the February 8, 1994 Planning Commission meeting. RECOMMENDED ACTION: - Staff respectfully requests that the Planning Commission, after consideration, act on Resolution No. 2506 approving Variance No. 27 and imposing conditions. 4. CONDITIONAL USE PERMIT CASE NO. CUP 140 Applicant: Smart & Final Stores Corp. COMMENTS: As directed by the Commission, Staff is returning the subject case for consideration of Resolution No. 2502 approving Conditional Use Permit No. 140 permitting the sale of beer and wine in an established wholesale/retail grocery store at 10910 Long Beach Boulevard in the C-2A (Medium Commercial) zone. i This case was continued from the February 8, 1994 Planning Commission meeting. ! i RECOMMENDBD ACTION: � Staff respectfully requests that the Planning Commission, ( after consideration, act on Resolution No. 2502 approving Conditional Use Permit No. 140 and imposing conditions. . � 5. TENTATIVE PARCEL MAP CASE NO. TPM 32 + Applicant: Ajim Baksh/John Miller � . COMMENTS: ! i The applicant is requesting approval of Tentative Parcel Map ' No. 23971 (TPM 32) for the purpose of subdivision one (1) lot of 8,546 square feet into two (2) parcels at 12403-12405 i Oak Avenue, in the Townhouse and Cluster Housing General Plan designation, Lynwood, California. Each parcel would contain one of the existing two single family dwellings currently on ' the property. RECOMMENDED ACTION: , Staff respectfully requests that, after consideration, the � Planning Commission adopt Resolution No. 2508: ; 1. Certifying that the project is categorically exempt from ' the provisions of the State CEQA Guidelines pursuant to ; Section 15061(3j as amended. 2. Approving Tentative Parcel Map No. 32, subject to the stated conditions and requirements. f:\upfiles\mar94 3 .... � __ ______ Commission give direction for disposition of+these_�cases. � � j �,! COMMENTS PUBLIC ORALS COMMISSION ORALS STAFF ORALS • Report on Automotive & Fences/Walls Subcommittees. ADJOURNMENT Adjourn to the regular meeting of the Planning Commission on April 12, 1994 at 7:30 p.m., in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California. I f:\upfiles\mar94- � , � � � I I � � i I � � I � i � , i i � 5 � � I I I ii' I 1' � � �Y CITY OF LYNWOOD - PLANNING COMMISSION FEBRUARY 8, 1994 I The City of Lynwood Planning Commission met in a Regular Session in the City Hall Council Chambers, 11330 Bullis Road, at '7:30 p.m. Chairperson Lee presided. The Flag salute was led by Commissioner Murphy. Commissioners Lee, McMiller, Evans, Muhsin, Hurley and Murphy answered the roll call. Also present were Community Development Director Blumenfeld, Planning Manager Diplock, Associate Planner Morales and Civil Engineer Nguyen. Chairperson Lee then stated Commissioner pove would be absent. Motion carried unanimously to excuse Commissioner pove. It was then moved by Commissioner McMiller, seconded by Commissioner Muhsin and carried to approve the following minutes: a) January 11, 1994 PUBLIC ORAL COMMUNICATIONS Hearing no response, Public Orals were closed. Planning Manager Diplock stated the agenda had been duly posted � in accordance with The Brown Act. I Chairperson Lee then called for the first item on the agenda, � Variance Case 26. Planning Manager Diplock stated Item No. 2, Conditional Use ; Permit #137 should be heard concurrently with Item #1. Planning Associate Morales stated the applicant is requesting a Variance in order to reduce the required rear yard from twenty feet to four feet, in order to complete and legalize construction of a two story bedroom dwelling with an attached garage. He is also requesting a C.U.P for the completion of the development. I Staff recommends that this item be denied based on the configuration of the proposed development and applicant's failure � to comply with all the requirements of the Zoning Ordinance. ` It was then moved by Commissioner McMiller, seconded by � Commissioner Muhsin and carried to open the Public Hearing. I Ms..Rios, 12435 Harris Ave., representing the applicant, asked I for clarification of staff's recommendations'and if another plan could be submitted correcting the problems. i Staff discussed the problems with the development as proposed and � indicated that a revised plan could be submitted. I It.was moved by Commissioner Hurley, seconded by Commissioner � Evans to continue the two items for two months until the April I 12th meeting. Motion carried by all. i ; Chairperson Lee requested a recess from the meeting allowing time , for a presentation to outgoing Planning Commissioner Elizabeth I Dixon. I � I j 1 � I ( 1 ;� � � Chairperson Lee then reconvened the meeting and called for Item No. 3, Conditional Use Permit 139 and Zone Change ZC9, applicant: Watts Health Foundation. Staff recommends a continuance as per applicant's request. It was moved by Commissioner Evans, seconded by Commissioner Muhsin and carried to continue the item to March 8, 1994. Chairperson Lee then introduced the next items on the agenda, Variance Case No. 27 and Conditional Use Permit 140, applicant Smart & Final, Inc. Applicant is requesting a continuance for both items to the next regular scheduled meeting of March 8, 1994. It was inoved by Commissioner Hurley, seconded by Commissioner Evans and carried to continue the items to the net Planning Commission meeting on March 8, 1994. Chairperson Lee then introduced the next two items on the agenda, Items 7& 8, Conditional Use Permit No. 141 and Variance Case No. 28, applicant Fausto Felix. Planning Manager Diplock stated that the applicant is requesting approval of a C.U.P to renovate an existing single family dwelling and add a two story two car garage. Staff recommends approval of dwelling and Resolution 2504 and Variance Case No. 28. It was moved by Commissioner Hurley, seconded by Commissioner I Muhsin and carried to open the Public Hearing. , I Mr. Alvarez, Alvarez Design Studio, 10927 Downey Ave., Suite D, I Downey, California, representative for the owner spoke in favor of the project and indicated the applicant is willing.to comply i with all of the Conditions of Approval. � i It was moved by Commissioner Muhsin, seconded by Commissioner � McMiller to close the Public Hearing. ; It was then moved by Commissioner Muhsin, seconded by ' Commissioner Murphy to approve C.U.P. 141 and Variance Case 28. Planning Manager Diplock introduced Item 9 on the agenda, I Tentative Parcel Map No. 32, applicant Ajim Bahsh & John Miller. � Staff recommended that this item be continued until the next � Planning Commission meeting on March 8, 1994 in order to allow a � variance to be filed and processed. � ' It was moved by Commissioner Hurley seconded by Commissioner � McMiller and carried to continue until March 8, 1994. Item No. 10 Inactive Conditional Use Permits. � i Planning Manager Diplock informed the Commission that there were I approximately 12-13 C.U.P.'s that had never taken further actions I after approval by the Commission. For most of these cases requests to sign a statement of acceptance were sent to the � applicant and were never returned. � Staff has considered these C.U.P's as expired. However no formal � notif'ication to the applicant has been sent. . � Interim Deputy City Attorney Bagneris stated that if the . � Commission wished to close these expired cases, the applicants � should be notified. Staff suggested that a letter be sent giving ( the applicants an opportunity to request a 90 day extension as provided for in the ordinance. ' I ; 2 � i i I � , � ' � After further discussion, the Commission directed Staff to prepare and mail such notification to these applicants and similar notifications to those applicants with approved CUP's and signed Statements of Acceptance who have never proceeded further with the projects. It was moved and seconded to adjourn to the next Planning Meeting on March 8, 1994. ERRICK R. LEE, Chairperson APPROVED AS TO CONTENT: SOL BLUMENFELD, DIRECTOR OF MICHELE BEAL BAGNERZS, INTERIM COMMUNITY DEVELOPMENT DEPUTY CITY ATTORNEY I i � i � f I I I I � I i + I I i I ( I ,� ; �� DATE: March 8, 1993 v To: PLANNING COMMISSION FROM: Sol Blumenfeld, Director � Community Development Depa ment BY: Robert Diplock, Planning Manager SUBJECT: Conditional Use Permit Case No. 139 Applicant: WATTS HEALTH FOUNDATION PROPOSAL: The applicant is requesting approval of a Conditional Use Permit and an associated Zone Change (from C-2 Commercial to H-M-D Hospital Zone) in order to establish a women and Children Residential Rehabilitation Center in an existing vacant convalescent hospital structure at 3598 Martin Luther King Jr. Boulevard in the C-2 (Medium Commercial) zone. This case was continued from the February 8, 1994 Planning Commission meeting � to this meeting in order to correct a deficiency in the hearing ' notice. FACTS: � 1. Source of Authoritv ' The proposed use is not a permitted use in the C-2 zone and a Zone Change request (to H-M-D) is being processed concurrently. The H-M-D zone permits convalescent homes by � right and institutions for treatment of alcoholics upon i securing a.Conditional Use Permit. If the Planning � Commission determines that the proposed use is conditionally i permitted in this zone, then a Conditional Use Permit is � required, under Section 25-13.1' of the Zoning Ordinance. ; 2. Property Location � � I The subject property con'sists of an existing vacant convalescent hospital building'on the west side of Martin ; Luther King Jr. Boulevard at Norton Avenue (see attached � location map). I 3. Probertv Size , I The subject property is approximately 45,000 square feet in i size. i 4. Existina Land Use � The subject site is a'n existing vacant convalescent � hospital. The surrounding land uses are as follows: I North-Commercial East i South West-Residential � 5. General Plan and Zonincr I General Plan• Zonina• i North-Commercial North- CB-1 i South-Commercial South- R-3/H-M-D � East East- C-2/R-2/R-1 � West-Multi-Family Residential West- R-3/P-1 I I f:\staffrpt\cup139aa.7 . I I 1 � � I I i t '�� 6. Project Characteristics: The applicant proposes to establish a Women and Children Rehabilitation Recovery Center in an existing vacant convalescent hospital building. Uhuru Women and Children's Residential Center will provide comprehensive alcohol and drug treatment services to chemically dependent women and their children in a residence setting. The center will provide a twenty-four hour, seven days a week intensive Rehabilitation Recovery Program for up to one year. The Center will be staffed twenty-four hours by approximately thirty (30) Alcohol and Drug Treatment Specialists, in three eight hours shifts. All clients movement and activities (external and internal) will be closely monitored by staff. The program is equipped to provide van transportation for clients throughout the community. Twenty-four hour security will be utilized to assure safety of the program.participants . The occupancy requested is 50. The property contains fifteen (15) parking spaces, courtyards, play areas, twenty-four (24) rooms with 2 beds each, eleven (11) rooms with 3 beds each and twelve (12) rooms with 4 bed each. There are seven activity rooms, storage rooms, a laundry, a kitchen, plus a conference room, offices and restrooms. � 7. Site Plan Review I At its regular meeting on Wednesday, December 22, 1993, the I Site Plan Review Committee evaluated the proposed I development and recommended denial by the Planning I Commission because of inadequate parking and access and ' circulation problems. I The proposed use is deficient in parking. Only 15 parking I spaces are provided on site. A minimum of 10 of these parking spaces would be used by staff and possible van � parking. All access to the parking on this site is through I the alley which provides poor circulation. The applicant is proposing to modify the entrance area to provide for off street van loading and unloading. I Due to overcrowded parking conditions in the surrounding � area, inadequate parking for the proposed use will further i impact the existing parking problems in the area. j I 8. Zonina Enforcement Histo� � I None of Record 9. Public Responses i None of record at the time this report was prepared. I . ANALYSIS AND CONCLUSION: I 1. Consistencv with General Plan and Zoninq , i The proposed land use is consistent with the existing I General Plan designation of Commercial. However, the � proposed use is not permitted in the C-2 zone. A rezone to I H-M-D is required if the Planning Commission determines that � the proposed use is essentially similar to an "institution for the treatment of alcoholics", which is a permitted use � in the H-M-D zone with a Conditional Use Permit. I i f:�staffrpt\cup139aa.t I , i 2 i I rr �t 2. Site SuitabilitY The property is adequate in size and shape to accommodate the proposed development relative to structures, walls, fences, landscaping, and other development features required by the Zoning Ordinance. However, the site cannot . accommodate the required parking spaces, there is poor traffic circulation with access only through the alley, and there are problems in providing an off street van loading and unloadinq area. 3. Compatibility The proposed development is surrounded by a mixture of commercial, residential, and hospital-medical-dental uses. Therefore, the project will be compatible with the surrounding land uses. The project as proposed would not have a negative effect on the values of the surrounding properties or interfere with or endanger the public health or welfare. 4. Compliance with Develooment Standards The proposal meets development standards required by the Zoning Ordinance with respect to setbacks, lot coverage, I building height and density. However, the proposed use is I deficient in parking and provides poor traffic circulation through the alley. i There are no specified parking requirements in the Zoning � Ordinance for residential alcohol and drug treatment facilities. If this facility is considered similar to a ' general hospital, approximately 5o parking spaces would be � required (1 space per patient bed). Medical/dental offices ! require 1 space per 250 square feet or approximately 72 s aces for the ro osed use. The � P P p previous use, a i convalescent hospital, require only 1 space per 5 beds, or j approximately 10 spaces, which is the only parking available I on the site. � i The applicant proposes to bring clients to the facility and ! transport them off site for doctor visits, home visits, � etc., by van. The applicant is proposing to modify the ' entrance area to provide for off street loading and unloading. If the proposed use were to locate in this facility, the building will be required to meet Title 24 (Access and I Energy) and ADA Code requirements. 5. Benefits to Communitv I i The proposal would upgrade the use of the property which is ; now vacant. The new use likely would also provide some i local employment opportunities. However, the area in which the proposed use is to be located is undergoing substantial � revitalization with a soon to be completed 60,000 sq. ft. Medical Office building and 27,000 prenatal facility on the St. Francis Medical Center Campus. The proposed use can potentially create conflict with the surrounding medical- I office neighborhood. 6. Environmental Assessment I 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:�staffrpt�cup139aa.i � �I � 3 � � :r ` RECOMMENDATION t T Staff respectfully requests that, after consideration, the Planning Commission deny this application due to an inadequate parking supply which is inconsistent with Municipal Code requirements, inadequate ingress and egress to project parking which is provided exclusive from an alley, and an inadequate off-street van loading and unloading area. ATTACHMENTS: 1. Location Map 2. Site Plan 3. Description Of Project Scope � � � � I I � I • I � 1 f\:staffrp[\cupi39aa.1 ' � i ' I r I � I ' � � I I I � I � I 4 I I I � I � _ . . . _ .. __..... ....-- ... . . . 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RA N0. 2�� � ( f � �° � � �'� � ] � � � J � ` �J f,� 6 �a+ NB. � ]D/- I c � i M r� �,�„ � M I.�. �' P ^�� M M M"� �..° 3to� � �a c ,, 6� I I �� '9, o' • b° a °> �, I I w� so � so �r I zj sv so tteo � _ ,�� p�1 � �,� �g U� s i� ' �I M r� I� I � ` g �� b �S 4� � n I b � �' i.s�P a�. �sr:•h ao o 'V / ��' 's /3�� . � I ro Mi M c� I c� �o �f, � o ro n �� �'� 3°? >y ,' , � M�M. �� `y G �� , � 0 ,��:..�. �� So w w So� so ro w Jo � � .... � . � */ . s7'rr 0 �S' / . � 'o T,. i � l� S �LU"ZE9- '$ ... o._.,.. ..... p , O O �� c. ... �. � O IZ� . [/ Z CC C V�J ' � �` - � e, �5 . P � � � � . 9 � `4 . � � � ` � A ^ _ od � s �x ; `o � �� a � . q Q� ��� �'L I ce% i .. EP . - . . , , $����� ' ' � � � .. I . . ..,i r = .. I CA - � : sE No. C�,I� . � J J , ! . .1' . . . . � . � . �--.� � � ' ' . . ��I. `. DATE: March 8, 1994 �5,,. . � _ T0: PLANNING COMMISSION FROM: Sol Blumenfeld, Director � Community Development Depa ment • BY: Robert Diplock, Planning Manger SUBJECT: Zone Chanve - Case No. ZC 9 .. Applicant: WATTS HEALTH FOUNDATION � PROPOSAL: , • The applicant is requesting approual of a Zone Change (ZC 9) from C-2 (Commercial) to H-M-D (Hospital, Medical and Dental) in order to establish a Women and Children Residenti,al Recovery Center on a 45,000 square foot parcel, which contains a one story existing vacant convalescent hospital building on the west side .', of Martin Luther King Jr. Bbulevard at Norton Avenue. ' FACTS : 1. Source of Authoritv Section 25-27.1 a. of the City Zoning Ordinance allows the property owner(s) to initiate a change in zoning boundaries and classification. Section 25-24.1 authorizes the Planning . Commission to determine if a use not specifically listed sha1T be deemed a permitted or Conditional Use in any zone. 2. Propertv.Location: The subject property consist of an existing vacant convalescent hospital building on the west side of Martin Luther King Jr. Boulevard at Norton Avenue (see attached Location Map). 3. Propertv size: The subject property is an irregular shaped lot, approximately 45,000 square feet in.size. 4. Existing Land Use: The subject property is an existing vacant convalescent hospital. The surrounding land uses are as follows: North - Commercial South - Commercial/Residential East - Commercial/Residential West - Residential 5. Land Use Desiqnation: " The General Plan,designation for the subject property is Commercial while the Zoning Classification is C-2. The surrounding land use designations are as follows: General Plan Zoning North - Cominercial North - CB-1 ' South - Commercial South - R-3/HMD • East - Commercial/Residential East - C-2/R-2/R-1 ' West - Multi-Family Residential West - R-3/P-1 � - 6. Project Characteristics ' The Zone Change is proposed in order to allow for a Women and Childreh Residential rehabilitation Center in an ' � existing 25,000 square foot vacant convalescent hospital' 1 ` i 1. building. The Municipal Code does not contain provision for -= a drug rehabilitation center. The proposed use is not G� specifically permitted in the H-M-D Zone but could be found to be permitted if the Planning Commission.determines that . it is similar to a permitted or conditionally permitted use, in this case "an institution for the treatment of alcoholics". A residential drug and alcohol recovery center is not specified as a permitted use in the H-M-D zone and ' would require Commission determination that the proposed use is essentially similar to the listed use of "institutions for the treatment of alcoholics" and could be found to be a permitted use upon securing of a Conditional Use Permit. 7. Site Plan Review: On December 22, 1993, the Site Plan Review Committee „ evaluated the proposed zone change and recommended approval ` to.the Planning Commission, if the Commission determines to approve the associated.Conditional Use Permit (CUP No. 13'9). ' 8. Zoninq Enforcement Histor� None-of record for this use at the time this report was ' prepared. 9. Public Response: �, � ' None of record at the time this report was prepared. ISSUES AND ANALYSIS 1. Consistencv with General P1an and Zoning The proposed land use is consistent with-the existing � General Plan designation of commercial. However, the ' proposed use is not permitted in the existing zoning ; classification (C-2y. The proposed development would require' a Zone Change and a,Conditional Use Permit or a Municipal , Code amendment to include the proposed use in the C-2 or H-M-D zone. 2. Area Suitability There is significant commercial development immediately to . the south, north and east of the proposed Zone Change. To the west is residential, hospital, medical, and dental. development. 3. Compliance with Development Standards ' The subject area is adequate in size and shape to carry out ` ° ' the intent of the H-M-D zoning category and can acaommodate , the proposed development relative,to the proposed density, bulk of the structures, walls, fences, and other development standards required by the Zoning Ordinance. However the . proposed development cannot provide adequate parking and on site circulation, and proposes substandard off street . loading and unloading. 4: Combatibilitv The proposed H-M-D (Hospital-Medical-Dental) zone will be located at the northern edge of existing commercial ,- development including a convalescent hospital and is across the street from several blocks of commercially zoned land. The development will not adversely impact residential development to the west of the proposed use. 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. Unless a high level of supervision is maintained there could be potential for, endangering the public safety. 2 I. . *.� 5. Benefits to Communitv t:. The proposed Zone Change would upgrade the use of the property which is now vacant. The new use likely would also provide some local employment opportunities. However, the area in which the prop"osed use is to be located is undergoing substantial revitalization with a soon to be completed 60,000 sq. ft. medical office building and 27,000 sq. ft. Prenatal Facility on the"St. Francis Medical Center Campus. The proposed use can po.tentialTy create conflict with the surrounding medical-office neighborhood. 6. 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 a'nd in �� the Office of the City Clerk. � � RECOMMENDATION: 'Staff respectfully requests that after consideration, the � 'Planning Commission: � . 1. Find that the area proposed for Zone Change from , C-2 (Commercial) to H-M-D (Hospital- Medical=Dental) is , .. inadequate in area for parking and off street loading and , unloading and provides inadequate on site circulation, and � : 2. Deny the proposed Zone Change, Case No. ZC _ � . ; - , ATTACHMENTS . ' ( - r 1. .Location" Map - � � ', .2. Site' Plan � , , � , ., . , . . r � , -. . . , . . . . . � , '' , . . . , . . . , . . � f:\staffrpt\zc9°1%�' . . . - � , .' . , = 3 . _ �, � 7 � ��. . SCOPE OF PROJECT UHURU WOMEN & CHILDREN CENTER INTRODUCTION The Lynwood care facility located at 3598 MaRin Luther King Boulevard in the city of Lynwood is proposed to house a federal demonstration project. The project was funded as part of The Federal Presidentiai Task Force's efforts to address the need for additional social services for target populations in Los Angeles. I In addition to the federal project, the facility will also house one of Los Angeles County's oldest � mother infant programs and a state originated perinatal services program. All programs target I addicted women in the child bearing age range with children ages zero to siz years old. � I Combined, the Programs will serve approzimately 50 families (appozimately 120 women and j � children). I I The Watts Health Foundation, Inc./House of Uhucu has been in the forefront of providing comprehensive and coordinated services to perinatal substance-abusing women, their infants and � families. Since 1969 more than 25,000 people have been treated at one of the special services � offered include: I i i MEDICAL IJNTf - C(ients receives a physical evaluation prior to being admitted into the I I program, and physical evaluation prior to being admitted into the program, and physical � examination within 72 hours. TRADITIONAL RFSIDENTIAL SERVICES - A 40-bed residential facility for men and � i women in which individuals are provided with non-medical detozifcation, treatment, i rehabilitation and skills building over a siz to twelve month period. ( � '� � � I : i � . .. i • � Scope ot Project , Women & Childrm Center ' Page 2 ' OUTPATIENT DRUG FREE PROGRAM - Patients are on a drug-free maintenance program while being re-socialized into society. OUTPA'ITENT DRUG DIVERS[ON- First time offenders receive drug education and training. iJfIURU PRLSON NETWORK PROJECT - Inpatient and Outpatient specialized drug treatment for parolees. , I i OUTPATIENT COMMIJNITY RFSOURCE CENTER - Onsite drug treaunent and access to � i Vocational RehabilitaGOn and Department of Social Services and other support services. Central � intake services. I OUTPAT'IENT ENHANCEMENT - Supportive, referrel services to meet client's individual � I � ❑CEdS. � I � i1HURU FAMILY RESEARCH PRISON-MOTHER PROGRAM - Based on referrals from the Department of Corrections, female prisoners whose children are under siz years old are I � • allowed to keep them while they complete the program at the residential faciliry. i � LJHiJRU FAMILY RESEARCH PROJECT DAY TREATMENT - Perinatal Program for j substance abusing mothers and their drug ezposed infants are compared to tradidonal outpatient � I drug treatment. This program is a collaborative effort among Watts Health Foundation, Inc., ( University of California; Department of Children Services and Los Angeles Regional Center. � All of the above-mentioned programs will be combined to bring comprehensive alcohol and drug treatment services to chemically dependent women and their drug impacted children. i I I � � .. ! I . � I t Scope of ProJect Women & Chlldren Center Page 3 PROGRAM DESCRIPTION The Women and Children Center is a twenty-four hour, seven days a week, intensive and comprehensive residential services program. The women and their children receive comprehensive habilitive and rehabilitive care within a highly structured programmed therapeutic setting for up to one year. Programs are multi-leveled, mutti phasic and provide several treatment components designed to combine the following: � � �. Outreach � • Education and Training • Pre-Treatment Services ., . • Comprehensive Intervenqon I • Casemanagement . � � • Assessment and Triage ! � Euensive Aftercare I I I PROGRAM DFSIGN ` I , i i Addiction is viewed as a whote-person disease that negatively impacts the enure family. � ' Therefore, program services aze designed to address the multiple needs of women and to provide I resources for her children and significant others while she is in treatment. I 'fhe women and children will be involved in structured program activides. From 7:OOAM until i j 9:OOPM daily. Activities include: � � I • Morning Ezercise i • Morning Group (2 Hours) � • Lunch (1 Hour) I ; � - .. I I I T' Scope or ProJect Women & Chlldren Center Page 4 • Afternoon Group/Class (2 Hours) • Break (1 Hour) • Afternoon Step Study (1 1/2 Hours) • Dinner (1 Hour) • Break • F.vening Classes (1 1/2 Hour) • Evening Group (1 1/2 Hour) � I � CLIENT MONITORING/SUPERVISION ! I Program phitosophy regarding monitoring and supervision of residents reflects a protecuve . I restrictive approach to treatment and recovery. Client acuvity and movement outside the facility � ; � is monitored and supervised closely. � � i I There aze four treatment phases characterized by developmental tasks with corresponding i responsibility and privileges that allow the client to slowly progress through one stage of i recovery to the nezt based upon individual achievement. ` , PHASE I I � i During the inidal phase of treatment, day 1-45, all clients are restricted to the facility. During j this period, ezternal movement outside the faciliry is limited to official appoinunents (i.e., � medical, legal, financial, social services, etc.) and religious passes. No one leaves the facility � without prior staff approvaL All Phase I residenu must be escorted by an upper phase resident � .. i who is stable, has more recovery time, and adheres to prog�am rules and regulations. The � majority of residents at this phase are aiso transported by progcam� transportation staff. � . I � I � � i t_ Seope ot ProJae � Wamen & ChOdren Center Page 5 PHASE II Phase II residents receive the same level of monitoring and supervision as Phase I residents. Phase II residents have demonstrated a personal commitment to recovery, the ability to adjust to program and treatment demands as well as a willingness to adhere to program rules and regulations. In addition to official appointments, residents in this phase earn a 10 hour weekly � � pass, which is taken each Sunday. Ail passes must be approved and monitored by staff. � PHASE III � ' � I The goal of Phase III is to assist clients as they reintegrate themselves back into their families, I re-establish community des, find work and/or �eturn to school. Program requirements demand � � a high level of personal and social responsibility. Residents earn 14 hour passes each week and i one 36 hour pass, based on demonstrated sense of responsibility and active veatment i participation. During this phase residents are allowed out the facility without escort, however, j they are still subject to close moniroring through structured, staff approved passes. � � � I , PHASE IV . I 1 The goal of Phase IV is resocialization: increased family reintegration; continued employment � and education; and increased reintegration back into the community as a productive contributing � I member of society. � THERAPEUTIC ENVIRONMENT ' � : � The goal of the Project is ro create a comfortable home like (non instimtional) family � , i environment conducive to a therapeutic milieu which will allow the women and their children � an opportunity to undergo major life changes while in treatment. I � I � �, Scope of ProJect . Womeo & C611dren Center Page 6 Characteristics of a therapeutic environment are: • Sitting Rooms , • Reading Rooms � • Outside Play Areas • Therapeutic Nurseries • Therapeutic Color Scheme i � • Child Safe Environment • Home Like Dining Areas ' LICENSING/CERTIFICATION/CLEARANCES � � The following licenses/certifications and clearances will be needed in order to fully operate the facility as a drug rehabilitation center: _ • Drug Program CeRification i � • Clinic License � Fire Clearance/Inspection • Board & Care License I I � I � i I i � , �d� � ; NATTS HEALTH fOUNDATION House of Uhuru Substance Abuse Program RUIES AND RfGULATIONS 1. Residents are not to possess any narcotics, paraphenalia, weapons, alcohol or any drugs of any type or descriptian 1nc1"uEing prescribed medication; any violatio� of this rule is grounds for tim�ediate discharge. 2. Residents found to be under the influence of any narcotic, non-orescribed medication, alcohol or any other drug, by either clinlcal impression and/or lab test are sub- ject to immediate discharge from the pro9ram. ,.. , 3. Physical violence is strictly prohibited. Any viotation of this rule results in an automatic discharge for any or atl parties invotved. 4. Threats of riolence against any resident or staff is prohibited. A riolation of � this rule is subject to discharge fran the program. 5. Stealing.Nill not be tolerated - violators are subfect to immediate discharge. ' 6. Any resident providing or accepting the prescribed medication of another resident. Nill be subject to discharge from the program. I 7. No one is W be in any Dedrooa� but their own with the exception of the liaison during room check or Mith special counselor penolssion. ) I 8. Residents on pass must return at their appointed tlme u�d check in by phone during their pass; if any emergency arises and t resldmt may be late.:ihey aust call and.diswss the issue Mith the counselor on duty. I 9. Each resident is responsible for keeping their livinq �rea clean. Atl beds are to � be made by 8;30 a.m, on vreekdays and 9:30 on weekends,.as Kell as the roaas being neat, clean and tidy. , � j , 10. Al1 residents are to be 1a their roams by 11:00 p.a. during weekdays and "li hts-out" � by 11:30 p.�. on weekdays (Meekdays: Sunday evening through Thursday evening�; on I Meekends (Friday and Saturday evenings) residents are to be 1n thei� roans by 1:00 p.m, and lights out br 1:30 p.m. Radios and TV's �re to be turned off when I the lights 90 out. Ouring special circu�stances and upon counselon permission. � these times eay be extended. .. i 11. All activities are mandatory unless othen+ise stated and all mandatory activities are mandatory. I 12. All new residents are to wear their name tags during the first 30 days all day. I �esidents losing their taas will be brouaht before the House Lomnittee. . ""_'_ _''�e ?�.�tnn •:�n fi..._ 9.'1 �,VS. �a. .�.�t C�r'f+_dnV C�j�i .^:�L. 'n , I 1 I / I � � � I \, I . , • RULES IUIJ REGULAiIOP�S '� Page 2 � 14. Residents should not show a pasitive urine test after 14 days.. 15. Phase I residents are not to be in the lobby area for cigarettes, candy or drinks. etc., or at any time unescorted;'Phase I residents must ask an upper phase and the upper phase must notify counselor prior to going to lobby area. 16. All residents must follow counselors' orders unless the order is unethical. Any violation of these rules may lead to discharge. A resident disagreeing Nith a counselor's orders is to follow the order and then appeal the order to either the Supervtsing Counselor or Coordinator. 11. Five dotlars is the maximum allowable for residents at any given time within the facility - all other rtanies are to kept on the books. 18. Residents are not to loan each other money nor to buy anything for each other without counselor's permission. 19. Al1 incaning mail and packages are subfect to be ezamingd by staff. 20. All roans and personal belongings are subject to be examined by staff. 21. Residents allowed to make personal calls may do so only during posted time; business calls may be made at other times with counselor's permission. ' 22. No resident awy be a phone monitor ►vho has not been approved by staff. I ) 23- A11 new residents are allaved one phone call du�ing the first day of a�oission; I during the first 30 days of treatanent new residents are not to use the phorte I or have visiWrs Mlthout special persiission froa sWff. 24. Visiting hours are the folloNing for all residenti except •badgers•: Saturday: 10:00 a.m, to 5:00 p.�.----children, hours un�imited. 1:00 p.m. to 5:00 p.m.----adults, one hour per risit. Sunday: Same as Saturday . � Note: -No resident may have visitors when sdieduled for car Nash. I -Upper phase monitors rill be `assigned to supenrise risitors of I's. I 25. Residents are allowed to have no more than seven dianges of clothing in closets. ± 26. Any resident may be searehed upon entry into facility and submission of a U/A is I mandatory when requested. , .. , 27. During field trips or any outside activity there is to be absolutely no communi- I cation or contact with anyone other than another resident or cc;;nse�lor - during � czr w?sh resid=nts are to 4= polite yet net �ursue conversatien ,rith va*_rons. . I ` -� -=_ - _ �---=� ,.. r,..rse. I i � , I I , � RULES AND REGULATIONS (-. Page 3 29. Residents are not Eo chew gum in group; the group's leader decides whether smoking cigarettes 1s permitted. 30. All phase I residents and badgers attend all orientation meetings/groups; all residents on discipline also attend all orientation meetings/groups. 31. No phase I's are to have radios or TV's. Personal radios and TV'.s are to off until 6:00 p.m. and after "lights out"; House TY's (in the Lady's and Men's Lounges may be viewed during day-time hours when permission is granted by staff. 32. Absolutely no pre o� post groupin9 - everything discussed in the group room stays in the group roan. 33. Bathrooms located in the dining roam, T.V. roam and group roams are not to be used unless there are three or more people in the roan. 34. ��o two "Badgers" are to have a conrersation without the presence of a non-badger. 35. No resident is eligible for participation in Neight room activities for 30 dbys. 36. Personal laundry is coordinated by the laundry liaison - a schedule is posted. Only the laundry liaisons may use the laundry roae. 37. Al1 residents will be given a fob assignment by the House L1�1son and everyone 1s � expected to be responsible for his or her 3ob ---.anyone leaving the fac111ty for ) any reason Nhatever eust arrange for sameone else to fulfill his o� her ,�oE respon- sibilities or notify the House Liaison of his or her inability to do so 1n advance. , .., ., + 38. No rrearing of rollers� scargs, braids (unless cornrowed, french braided or other- wise styled); hats and caps are not to be vrorn in the facility. I 39. Residents are not to stand in the halls or offices du�tog free time but in their I a+n roaos, the rec roan, patio. dining room, classroan, or group room. � 40. There is positively no cursing alla+ed unless in group settings and then should be kept to a minimu�. � j 41. Atl residents are to be respectful to one anothe� and to proride respectful � pull-ups in a respect�ul manner. 42. No yelling� running and screaming or bare feet in the hallwaps. I 43. All appointments must be posted on the appointment board prior to morning briefin9• I 44. All Phase I's must have an escort when leaving the facility and must follor the I escorts directives. � : . ... .. . : .. :... �---- -. • - -----.. ---_ -" . I -_. .: _-_. _?��!'�'_a 7R ;ne kitcnen znytime. 'ie C^.°nl^: G^ lh t�? C� ''-•'- i � . � � � I I I `' , RUlES ANU REGULATIONS �!� ' Page 4 � � � 46. ?,esidents may use the shoWer or bath after house check until lights-out during � free time - residents may not shower or bath during any scheduled mandatory activity. I, 47. All neN residents will be provided with toitet articles upon arrival. There will be a charge thereafter. 48. No hanging in the counselor's office without specific reason. 49. Car wash is a mandatory function he1C on Saturday and Sunday - everyone except Phase IV's must participate one of the two days. as noted in the schedule posted on Friday. 50. 7HERE ARE NO CONTRACTS::: iio contracts rvith anyone regardin anything and no knowledge of anyone doing something Nrong (against the rules�; no negative secrets. Anythin9 of this kind or suspicions of this nature should be brought to the imnediate attention of staff. 51. NO RELATIONSHIPS in the House - relationships are kill-offs and will not be . tolerated. Residents with "feelings" for anotAer resident is encouraged to bring this to their primary counselor's attention for help and guidance. No relation- ships includes homosexuality. 52. Residents are not to touch anything on a counselor's desk Ivithout permission. � I 53. Neekend medication is available Mhen announced. i ) � 54. There witl be no stopping off at anyplace other than your destination Nhen leaving the house: It is OK if.you haven't eaten to eat conside�ing if the place you are going'is.Nithin a reasonable distance fram your destlnation. Do not take advantage of this rvle - use you� discretion. 55. Manipulation is any negative con game and Mill not be tolerated. 11hen denied a request by one counselor and going to anothe� counselor xithout infortning him of approaching the first counselor is strictly prohibitted: 56. No side line conversations, eating or sleeping during groups. 57. There is no horseplaying while at the Watts Health Foundation. You are to conduct i yourself in a socially acceptable manner. 58. You must be on time for all activities and you are responsible for this. 59. Men are not allowed to Near earrings. � 60. Onty the House Liaison or Assistant House Liaison may assign 3obs. I 61. All resid�nts are to dr=ss ac�rc�riately at all tir..=_s - on pass, at the �atts I '. �'vU^C�id:iGfi� �!'�� Yc=:"25°_"i::r.^ �I�? 4C:15" I � = ' _ .: . . _ . . . " ' ' ' ' _ � ' ' ' ' _ ' ' ' ' "' ' ' " ' ' ' ' ' i "" �-�' ... _ . . ..:'_ _" ' :" � "_ ' . _ " " ' "'' .. ..'� " " '" va n. " "c 'c.. :' � . ' " " '. _ . . _ ' ' I a • . ; RULES AND REGULATIONS � Page .5 � ' 63. Residents are not to wear scarfs in the facility or have combs in their hair. 64. Ali foad brought into the facility must be eaten in the dining roan - residents are encouraged not to bring in food unless they can sFrare with others. Residents may not have food tn their roans. 65. Residents are not to enter the liquor store on Figueroa next to the House at any time - not returning from pass on pass or anyt;me Nlthout special pe nission. 66. Residents are not to do any homework or personal business in any office without permission of staff. 67. Phone monitors are not to listen to radios, watch TV, etc., ►vhile monitoring the phone. 68. Residents needing additional time to do homework are to request from staff special time and staff will attempt to make avaitable tipe and space for homework. 69. Residents attending groups are not to carry combs, books� etc.. into the group. 70. Residents in Phase I are not to wear any make-up, fewelry, rings. ear-rings, etc., of any kind in the facility - onty residents leaving the House for appointments • may do so, and then remove it irtmediately upon return to the House; tAis does not include wrist watches. � � 71. Residents are not to loan money or anything to any staff aember. Arly resident hearing of such loans or being asked to•loan money is to immediately inform the counselor's supervisor. , 72. Meekend passes for residents on discipline awy be cancelled upon reca�nendation of the resident's primary counselor. 73. Any resident not complying rrith his or her discipline rijl be discharged. 74. Ali residents ►+ith •lay-ins" �+ho Ao not attend groups wust remain 1n their rooms during the day and eveing hours except during meal times and only neal time. 75. No resident is to �ide in another resident's car aithout special staff permission. 76. No talking or looking out of windows. i 77. No resident may be in contact o� socialize with a fornie� resident of the Nouse ivho � was discharged fram the program o� A.C.A. � 78. All bedroom doors are to reawin open from S a.m, to 10 p.m, unless one is dressing.l 79. The.Y.cus=_ is on a separation - m_n are not allowed unauthorized in the woTen's xir� cR� �.,:-_❑ e rc '��L G? 1 cncd. GC_. �GOr i zEtj i ri t'.'�E . S wi!:'y. I . - . .. ...._ ....._ . . . .. .. . ... .. .. .. _ - _ I � ��T'"_c .�`.en Cdll�d ,:�C�.'- ._ - _ ' ' ' ' "" . .. ..."' _ I i � I I __ � � � � �� � � � 109: Ic le ail ce�idencs� ce�pone�o�i�ty co eneure thac ali rulee ace fuliy Eollovea ana co qo immealately to a coun�eloc yhenevec anY rule violat�on oceute or vhen one e�ther ae�umee or euePecte that a rule v�olation may have occuced. �� takcn9 Place, or w�li perhape cake D�ace. rj , 110. All reeidents must have a N/A sponsor to advance �o"Phase II. 111. Residente, employed, maY �ct vork grave ehifts; all employed residents mu�t attend either all �orning group� or all evening groupa - there are absolutely no exceptioas to thie rule. -112. No resident may leave the facility for vozk. school, or ao�.reaeon ' vhatever vithout counselors' approval. ; . i I I have reaC the above rulee and agree to fully abioe oy ' � them. � � _ Re�loent Date Witneee . � � � . •� DATE: � March 8, 1994 ,,{ TO: ' PLANNING COMMISSION • • , _ FROM: : Sol Blumenfeld, Director � Community Development Depa ent BY: Robert Diplock, Planning Manager SUBJECT: Consideration of Resolution No. 2506 for Variance No.27 Applicant: SMART & FINAL STORES CORP. Proposal• As directed by the Commission, Staff is returning the subject case for consideration of Resolution No. 2506 approving Variance No. 27, modifying .the distance required between establishments selling alcoholic beverages to permit the sale of beer and wine in an established wholesale/ retail grocery store at 10910 Long Beach Boulevard in the C-2A (Medium Commercial) zone and is requesting Commission action. This case was continued from the February 8, 1994 Commission meeting at the applicant's request. Facts• 1. Source of Authoritv Section 25-26.1 of the Lynwood Zoninq Ordinance permits Variances from the strict application of the terms of the Ordinance where there are special circumstances applicable to the property. 2. Prooertv Location The site is located on the east side of Long Beach Boulevard, between Norton Avenue and Elizabeth Avenue, and across from and east of Pluma Street (See attached location map.) 3. Proiect Characteristics The applicant has proposed to sell beer and wine in an established wholesale/retail grocery store at the subject property. The operation is a cash and carry wholesale/retail grocery and janitorial supply store catering to small businesses, clubs, groups, and non-profit organizations. 4. Previous Commission Action • At'its regularly scheduled meeting, on January 11, 1994, the Commission conducted a duly noticed public hearing, closed the public hearing, approved Variance No. 27 and the associated Conditional Use Permit No. 140, continued these items to the next regularly scheduled Planning Commission meeting and . directed Staff to prepare appropriate Resolutions and Conditions of Approval for final Commission action. 5. Zonina Enforcement Historv None of record at the time this report was completed. 6. Public Response At the Planning Commission hearinq, five people spoke in favor of the project and one in opposition. Mar. 1 199': 1i:18AM GAS1N0 USP No,9016 P. 2/3 �� �:f ,. . • � � • ' CAS1N0 REALTY, INC. 524 Chapala Street • SanW $atbara, California 93101 •(805) 564-6700 • FAX (805) 564•6729 VIA FACSIMTLE NO. (310) 639-6957 , March 1, 1994 Mr. Art Barfield City Planner City of T,ynwood 11330 Bulhs Road Lynwood, CA 90262 ` Re: Resolurion No, 2506 for Variance No. 27; � : Applicant: Smart & Final, CUP 140 Deas Mr. Barfield; Casino Realty, Inc. is the owner of adjacent lots on Long Beach Boulevard in , Lynwood. The lots are legally described as: Lot 9 of Tract No. 2794 and the Northwesterly 50 feet of Lot 8 of Tract 2794, except the Westerly 10 feet (measured at right angles) of the Northwesterly 50 feet as gran[ed to the City of Lynwood by beed recorded Mazch 3, 1977, as Instrument No, 77-219321, Both lou aze per Map rerorded in Book 28 Page 6 of Maps. In connection with the referenced Resolution, the Conditions of Public Works/Engineering (Numbers 16 and 1'n require that the lots composing of the properties be merged and further that three (3) feet along I.ong Beach Boulevard be dedicated to the City. . As fee owner, Casino Realty, Inc., we agree to merge the two (2) lots together (Condition Number 16) and will ded�cate three (3) fect of Lot 9 along Long Beach Boulevazd (Condition Number 17). There has been a previous dedication as to Lot blo, 8. Tt is understood, however, that such offer of dedication will be revoked in the event Conditional Use Permit No, 140 is not granted. : � � . Mar. 1. 19°4 11:19AM CASINO USA No. 9016 P, 3/3 � Mr. Art Barfield March 1, 1994 Page Two Please call me if there are any quesrions. I plan to attend the hearing on this matter scheduled for Much 8, 1994. Sincerely, I � G� . • „��� � Dav'd �aon � Vice Presiden[ d a � �/ d I General Counsel I DJG;kb cc: Don Alvarado, Esq„ Smart & Final Dee Ann Catlin, Smart & Final � Pavl Nguyen, City of Lynwood � , � � I i � I I I I � � i � � " � !t , i:a' . . DATE: March 8, 1994 TO: PLANNING COMMISSION FROM: Sol Blumenfeld, Director� Community Development Depa ment BY: Robert Diplock, Planning Manager SUBJECT: Consideration of Resolution No. 2502 for Conditional Use Permit Case No. 140 Applicant: SMART & FINAL STORES CORP. � Proposal• • t � As directed by the Commission, Staff is returning the subject case for consideration of Resolution No. 2502 approving Conditional Use Permit No. 140 and imposing conditions in order to permit the sale of beer and wine in an established wholesale/retail grocery store at 10910 Long Beach Boulevard in the C-2A (Medium Commercial) zone. This case was continued from the February 8, 1994 Commission meeting at the applicant's request. Facts• 1. Source of Authoritv Section 25-16.20c of the Lynwood Zoning Ordinance requires approval of a Conditional Use Permit in order to sell, serve, � or give away alcoholic beverages for on-site or off-site consumption. 2. Proberty Location I The site is located on the east side of Long Beach Boulevard, � between Norton Avenue and Elizabeth Avenue, and across from, � and east of Pluma Street (See attached location map.) I � i 3. Project Characteristics• � The applicant has proposed to sell beer and wine in an established wholesale/retail grocery store at the subject property. The operation is a cash and carry wholesale/retail grocery and janitorial supply store catering to small � businesses clubs '� , , groups, and non-profit organizations. � � 4. Previous Commission Action � I I At its regularly scheduled meeting, on January 11, 1994, the � Commission conducted a duly noticed public hearing, closed the I public hearing, approved Conditional Use Permit No. 140 and � the associated Variance No. 27, continued these items to the � next regularly scheduled Planning Commission meeting and � directed Staff to prepare appropriate Resolutions and Conditions of Approval for final Commission action. I 5. Zoninq Enforcement History I None of record at the time this report was completed. I 6. Public Resoonse I � At the Planning Commission hearing, several people spoke in � favor of the project and one in opposition. � ( � i f:\upfiles\cupi40pc . � � I I I -.., 6 �S 1 RECOMMENDATION: Staff respectfully requests that the Planning Commission, after consideration, act on Resolution 2502 granting Conditional Use Permit No. 140 and imposing Conditions. ATTACHMENT: 1. Resolution 2502 ; I f:\upfiles\cup140pc I i I I V i I • I I I � I � I I � I I I I � I I - I S RESOLUTZON NO. 2502 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT N0.140 (CUP 140) ALLOWING AN ESTABLISHED WHOLESALE/RETAIL GROCERY STORE TO SELL BEER AND WINE AT 10910 LONG BEACH BOULEVARD, IN THE C-2A (MEDIUM COMMERCIAL) ZONE, LYNWOOD, CALIFORNIA WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public hearing on the subject application; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, the Director of Community Development has determined that the proposal is categorical exempt from the provisions of the CEQA Guidelines pursuant to Section 15061b (3) as amended; 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 proposed use regarding structures, parking, walls, landscaping, driveways and other development features required by the Official � Zoning Ordinance. i B. The proposed use, subject to conditions, will not have � a negative effect on the value of surrounding properties I or interfere with or endanger the public, health, safety or welfare. C. The granting of the Conditional Use Permit will not I adversely affected the General Plan. � Section 2. The Planning Commission of the City of Lynwood, I based upon the aforementioned finding and determinations, hereby � approves Conditional Use Permit, Case No. 140, provided the i following conditions are observed and complied with at all times. COMMiJNITY DEVELOPMENT DEPARTMENT General i 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, the Uniform i Building Code and the Uniform Fire Code. 2. Any proposed subsequent modification of the subject site or I structures thereon shall be first regorted to the Community � Development Department, Planning Division, for the review. � 3. The applicant and/or his representative shall sign a I Statement of Acceptance stating that he/she has read, � understands, and agrees to all conditions of this resolution � prior to issuance of any building permits. ' I I i I f\planning\resolution\t:reso2502 � � � 1 I � __ � ,�: - { REDEVELOPMENT DIVISION ,�� " 4. The development shall be of a quality and character which is compatible with and harmonizes with existing development in the area and the City's Redevelopment Project Area. PLANNING DIVISION 5. If applicable, construction of any internal improvements shall commerce within six (6) months from date of issuance of building permits. 6. Subject building shall be accessible to the handicapped. 7. The off-sale liquor establishment shall not sell or store motor fuels on the same premises as alcoholic beverages. 8. No beer or wine shall be sold after 6:00 pm or prior to 7:00 am. 9. Beer and wine shall be sold in case lots only. No individual bottles, cans or 6 packs may be sold. l0. Keg beer shall be sold on a pre-order basis only. No walk- in sale of keg beer shall be permitted. 11. Except for keg beer, no beer or wine shall be refrigerated and no display or sale of beer or wine shall be made from an ice tub. 12. No beer or wine shall be displayed within five (5') feet of the cash register or the front door. 13. No beer or wine advertising shall be located on windows or the exterior or interior walls on the building. 14. Entity will maintain a pro-active approach to the + elimination of graffiti from the structures, fences and any i accessory building, on a daily basis. i 15. Owner shall provide a landscape plan for approval by the � Director of Community Development to provide perimeter � landscaping. I PUBLIC WORKS/ENGINEERING CONDITIONS � 16. Provide documentation that lots composing the property were � legally tied together to the satisfaction of the Department I of Public Works. After reviewing the documents, the Department of Public Works may require the submission and � recordation of a lot merger. � I 17. Provide an irrevocable offer of dedication for three (3) foot wide strip of property along Long Beach Boulevard. � FIRE DEPARTMENT � The Fire Department found no cause to establish conditions for � this application. I � � ; f�planning\resotution\f:reso2502 � ( I 2 � f � i � , � ;� Section 3. A copy of the Resolution No. 2502 and its � conditions shall be delivered to the applicant: Section 4. Any violation of said conditions in this resolution may result in revocation or modification of the Conditional Use Permit by the issuing body at a regularly scheduled meeting. APPROVED AND ADOPTED this th 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: Sol Blumenfeld, Director Michele Beal Bagneris Community Development Department Interim Deputy City Attorney I � i I � 1 I � I I � f:�resolutn\reso2502 i � � 3 I I I � i I +� � '?' DATE: March 8, 1994 • -�i � T0: PLANNING COMMISSION FROM: Sol Blumenfeld, Director� Community Development Depa ment , BY: Robert Diplock, Planning Manger SUBJECT: TENTATIVE PARCEL MAP NO. 23971 - CASE NO. TPM 32 Applicant: Ajim Baksh and John C. Miller PROPOSAL: ` The applicant is requesting approval of Tentative Parcel Map No. ' 23971 (TPM32) for the purpose of subdivision one (1) lot of 8546, : square feet into two (2) . parcels at 12403-12405 Oak Avenue, in' ' the Town House and Cluster Housing General Plan designation, � ,Lynwood, CA. Each paicel would contain one of the existing two _ single family, dwellings currently on the property. ' FACTS 1. • Source of Authoritv . Section 25-18, et seq., Subdivision Regulations of the Lynwood Municipal Code and the Subdivision Map Act, Government Code Section 66410, et seq require that a Parcel Map be recorded for the subdivision or consolidation of parcels. , , 2. PropertV Location. The property is located on Oak Avenue between Long Beach Boulevard and Alpine Avenue, and is approximately 8546 square feet in size. (See attached location map). 3. Existing Land Use The parcel contains two existinq single-family residential structures on the east corner of Oak Avenue and Carlin • Avenue. The uses surrounding the parcel consist of the following: North - Residential South - Residential - ' East - Residential ' � West - . Residential � ' ��-4. General Plan Desianation The General Plan designation for the property is Town House „ and Cluster Housing. The surrounding land use designations are as follows: General Plan Zoning . North - Town House and Cluster Housing R-3 -" South - Town House and Cluster Housing .R-3 . � East - Town House and Cluster Housing R-3 . West - Town House and Cluster Housing R-3 , �� �f:\staffrpt\tpn32a - . ' � � 1 � 5. .Proiect Characteristics , ,�:;, The applicant proposes to subdivide one (1) 8546 square foot lot into two (2) pascels with one existing single family . house on each.. The proposed subdivision creates two (2) • lots, one approximately 4,341 square feet in size, and the other approximately 4,205 square feet in size. 6. Site.Plan Review At its regular meeting on January 26, 1994,,the Site Plan Review Committee recommended continuance to the next Planning Commission meeting in order to allow staff and , applicant to resolve design problems. ANALYSIS AND CONCLUSION 1. Confiauration of the Proposed Subdivision , a. The design of the proposed subdivision shows the proposed , lots to be in character with existing single-family residential developments in the area. . b. The proposal is intended for the subdivision of one (1) � lot into two (2) parcels in order to allow better� utilization of the property and the sale of both , properties. c. The site is physically suitable for residential development. d. The proposal currently does not provide the required , driveway width. 2. Consistencv with the General Plan ' a. Staff's inspection shows that the proposed lot split will.be compatible with the General Plan. b. The size and location of the proposed subdivision does not significantly change the character of the existing environment. 1 ' c. The proposed subdivision is inconsistent with the density requirements for the General Plan designation of Town : House and Cluster Housing. A Variance would be required to permit these size lots. Environmental Assessment The Community Development Department has determined that the project could not have a siqnificant,effect on the environment , and is categorically exempt from the provisions of the State CEQA Guidelines. Therefore, a Notice of Exemption has been prepared and is on file in the Community Development Department and the office of the City Clerk. , RECOMMENDATION(S): ' Staff respectfully' requests that, after consideration, the � Planning Commission adopt Resolution No. 2508; 1. Certifying that project is Categorically Exempt from the provisions of the State CEQA Guidelines under Section , 15061(3) as amended. '. 2. Approving Tentative Parcel Map No.32, subject to the stated conditions and requirements. Attachments: ' l. Location Map 2. Resolution No. 2508 � f2\staffrpt�tpmi2a � - � ' � 2 , �'�"'___�_'_�.—_...__.. _..... ._... _�._"'____�.�..__...—._�.�.'�����__�._,__.�_ � �........ �."""" ' '_'—� ..�.'_" — _ _� . ..... .., _...... �_�__.... �r � . �,- � .' ^ . `/ � .:.t'� .. . � .. � • ��:��; ♦ ��j LOCATION� MAP `�`� ,;� ' ,F' ii✓ �'.a"' ' _' �::.ra'W� v b . 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' a. � ���o n` e sa � �iis� °•� a. au73 q ��,,.,'��3�{ . 1 q �hy7�' 0 . �i / i ^ �r ���J : y .: � \ ° �� //hI �' O . 1 �i $ 0 M: ti; , r Ii �^� � ? 9n>;; I , RC h'A,Qp "c ,� fi n � "'' ii f ° � � •� ' ,h� 3 `�` lao�7 J ��.,i?b,': . i � ` � �i l 7G/7b3� l7 ,�,)�r ' f � t J;�.ir l/�7 ''/ Jp I 'f , 'OI�F�.. � ' � ! �! 4j .� � ' , n � �y; �. ;.[ , . . i.�:Cl�:. !. �,:;)�9.:. . � ' % ".' � . . : . . ... . ..�... i 4i'?'!v r �•��..y� P� � ;f:::,�:�. CASE N0. T I�I. ;�, �.���, � ,, :�;�,... i , , . .;: • ,. ::. ,.--_..•--..-........,.�.�..,.__,..�.,._.,_, .,.....,..........._.,....,...._._....._..,...__.�.,..,...,_.,, . ..,�� .. � 1 �' 1 RESOLUTION NO. 2508 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 23971 TO SUBDIVIDE ONE (1) LOT. WITH TWO SINGLE FAMILY DWELLINGS INTO TWO (2) PARCELS. BEING A SUBDIVISION OF LOT 1082 AND 1083, TRACT NO. 3025 BOOK 35 PAGES 43 AND 44 OF MAPS OF THE COUNTY RECORDER, COUNTY OF LOS ANGELES. WHEREAS, the Planning Commission of the City of Lynwood pursuant to law, conducted a public hearing on the subject application; and WHEREAS, the Community Development Director has determined that the proposal is exempt from the provisions of the State CEQA Guidelines, as amended; and WHEREAS, the Planning Commission has carefully considered all pertinent testimony offered in the case as presented at the public hearing; and WHEREAS, the preparation, filing and recordation of a � Parcel Map is required for development; Section 1. The Planning Commission does hereby find and 1 determine that said Tentative Parcel Map No. 23971 in the R-2 � Two-Family Residential) zone, should be approved for the ' following reasons: � A. The subdivision meets all the applicable requirements and conditions imposed by the State Subdivision Map Act and the Subdivision Regulations of the Lynwood ; Municipal Code. B. The proposed subdivision of lots is consistent with I the applicable elements of the General Plan and the Official Zoning Ordinance of the City of Lynwood. i C. Proper and reasonable provisions have been made for � adequate ingress and egress to the subdivision.of the � lot. � D. Proper and adequate provisions have been made for all public utilities and public services, including ' sewers. � � Section 2. The Planning Commission of the City of Lynwood hereby approves Tentative Parcel Map No. 23971 in the R-2 (Two-Family Residential) zone, subject to the following � conditions. i COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS � 1. The applicant shall meet the requirements of all other City �� Departments. i 2. The applicant, or his representative, shall sign a Statement of Acceptance stating that he has read, I understands, and agrees to the conditions imposed by the i Planning Commission, before any building permits are ' issued. ' 1 � � . � . . . _ . . . . . i , � � I ' PLANNING DIVISION _ �� , , 3. Within' twenty-four (24) 'months after approval or conditional approval of the Tentative Parcel Map, the subdivider shall file with the . City of Lynwood, a Final Map in substantial conformance with the Tentative ' Parcel Map as conditionally approved, and in conformance . " with the Subdivision Map Act and the Subdivision ' Regulations of the City of Lynwood. 4. No grading permit or building permit shall be issued prior . to record'ation of the Fina1 Map or another _ appropriate instrument approved by the City of Lynwood. 5. Extension of the Tentative Map approval shall only be considered if the applicant or his/her representative, ' submits a written request for extension to the Community , Development Department stating the reasons for the request, at least thirty {30) days before map approval is due to . expire, pursuant to, and in compliance with, Section 25-18' ` of the Subdivision Regulations of the City of Lynwood. 6. The Fina1 Parcel Map shall be filed with the City Engineer of the City of Lynwood. ' 7. The exisfing property shall be cleaned and maintained in ' sanitary condition upon approval of the Tentative Parcel Map and shall be maintained in a neat and orderly manner at all times.. ' ' DEPARTMENT OF PUBLIC WORKS/ENGINEERING 8..` All`conditions of the State Map Act and the City's , ' Subdivision Ordinance must be met prior to recordation. All matters and improvements shall be consistent with the' ordinance, standards, and procedures of the City's . �. ' Development Standards, Engineering Procedures and Standards, Water Standards, and Planting Standards of the Department of Parks and Recreation. The Developer is responsible for checking with staff for " clarification of these requirements. . 9. Submit a Subdivision Guarantee to this office. � The Final Map shall be based on a field survey. All surveying_for the proposed development will be done by the Developer, including the establishment of centerline ties. ,. Enclose with the final map the surveyor's closure sheets. 10. Develober shall pay all applicable develooment fees including drainacte sewer water and parkway trees prior to issuance of anv buildinc�permits. Pay Parcel Map checking'fees prior to checkinq. Pay S100 monument checkina fee nrior to recordation. � Deposit S50 with City Engineer to quarantee receipt by Citv of recorded, reproducible mylar. parcel map prior to , recordation. � � ' � A11 special assessments and utilities or sewer connection fees are to be-paid prior to recording the Final Map. All ', • requirements to the serving utilities to be met or guarantee i • prior to recording of the Final Map. 11. Dedicate a 8ft 6ins.wide strip of property along Oak Street. � f:\resolutn\reo2508 - � ' . . � . , . � ,.. � . � i ' I , � 2 � � I i . � !r `"> 12. The Developer shall install all public improvements, as � required by the Director of Public Works/City Engineer rior , to issuance of any occupancy oermits for this development. • Public Improvements shall include but are not limited to: ,, a. Construct one wheelchair ramp at southwest corner of Carlin Avenue and oak. b. Construct two (2) Drive approaches„ one (1) drive approach•per lot, per of Lynwood standards: • , c. Provide separate water meter and service line. � d. Provide-separate sewer lateral connection for each ' property. , � e. Provide for holding a reserve easement 3ft south of . _ southerly property line of parcel "B" to provide , adequate access to garage in back of parcel "B". Section 3. A copy of this resolution shall be . .delivered to the applicant. ' APPROVED and ADOPTED this 8th day of MARCH, 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: � Sol Blumenfeld , Director Michele Beal Bagneris Community Development Department Interim Deputy City Attorney � � �� � . f:\resolutn\reso2508 - � -� � � � � � - 3 _ j ' � � DATE: March 8, 1994 • � TO: PLANNING COMMISSION • FROM: Sol Blumenfield, Director � Community Development Department BY: Robert Diplock, Planning Manager SUBJECT: Variance Case No. 29 . � Applicant: Ajim Baksh & John C. Miller - Proposal• . The applicant is.requestinq a Variance to reduce the required ' : lot width; depth', and lot square footage from 5;000 to � . approximately 4,340 and 4,200 respectively for two lots at 12403 and,12405 0ak Street in the R-2 (Two Family Residential) zone, Lynwood, California. Facts ` 1: Source of Authoritv: Section.25-26 of the Lynwood Municipal Code permits a . Variance to be obtained from the Planning Commission when �there.are special circumstances applicable to the property, and when strict application of the Zoning Ordinance deprives such property of privileges.enjoyed by other property in the vicinity and under identical zoninq classification. . ,2. Property Location and Size The site is located on the west side of Oak Street between Long Beach Boulevard and Alpine Avenue, (see the attached location map). The subject property` is an irregular lot, � , approximately 8546 square feet (97' x 93') in size. 3. Existing Land Use The subject site is currently developed with two (2) single family dwellings and two (2) car garages. The surrounding land uses are follow: . North - Single Family Residential • South - Single Family Residential East - Single Family Residential West - Single Family Residential 4. Land Use Description- The General Plan designation for the subject property is Town _ House and_Cluster Housing, while the Zoning Classification is R-2. The surrounding land use designations and zoning are as �� folTows: General Plan Zoning ''. North - Town House & Cluster Housing R-2 South - Town House & Cluster Housing R-2 East .- Town House & Cluster Housing R-2 , West - Town House & Cluster Housing R-2 . 5. Pro_ject-Characteristics .. The applicant is requesting approval of a subdivision of one parcel into two lots and a Varianae to reduce the required, lot width, depth, and lot square footage to approximately - 4341 square feet and.4205 square feet in size. The two single family dwellings are existing with a two car garage each. The 1 - j,! . . . • . . �; subdivision will allow for individual sale of the property, ;- •. and the Variance is to eliminate any unnecessary hardship on the property owner. 6. Site Plan Review At its regular meeting on February 23, 1994, the Site Plan ' Review Committee reviewed and recommended approval of the Variance request. 7. Zoninc� Enforcement Historv None of,record.. , 8. Neiahborhood Response None of record at the time of preparation of the staff " report. ANALYSIS AND CONCLUSION 1. Consistencv with General Plan and Zonina The proposed land use is consistent with the existing zoning classification of R-2 and the General Plan designation of Town House & Cluster Housing. 2. Site Suitabilitv The property is adequate in size to accommodate the proposed subdivision. The lot is substandard but can meet current development standards relative to structures, parking, " walls, fences, landscaping, and other feature required by the ' 2oning Ordinance, except for the driveways. An easement needs to be recorded to allow for a 10 foot dXiveway access for one � of the lots to be subdivided. In addition, the site � configuration, a flat rectangular shaped lot, does allow compliance with Zoning Code requlations even given existing improvements on the lot. 3. Compatibilitv The proposed development is surrounded by a mixture of. residential uses, with two-family residential north and south of the subject site, and single family dwellings to the east _ and �west. • 4. Compliance with Develo�ment Standards The strict or literal interpretation and enforcement of the � specific regulation would result in practical difficulty or , unnecessary physical hardship inconsistent with the objeatives of the City Zoning ordinance. The subject property, an irregular size lot, with two existing single : family dwellings and a two car qarage for each m2ets all the requirements of the Zoning Ordinance, except for lot width, depth, and lot square footage. . There are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone. 5. Environmental Assessment • The-Commuriity Development Director has determined that the. pro�ect is Categorically Exempt pursuant to State CEQA Guidelines, pursuant to Section 15061b (3) as amended. � . �f:\staffrpt\var29pc � , � " 2 � , ! . . .� RECOMMENDATION, ` i• , Staff respectfully requests that after consideration the`Plannirig Commission approve the Variance request: A. Certifying that the project is Categorically Exempt from the provision of the State CEQA Guidelines, pursuant to ,' Section 15061b(3) as amended. B:. Approving Variance Case No 29, subject to the stated conditions and requirements. . C. Finding that strict or.literal interpretation and enforcement of the specific ordinance regulations would- ' . deprive the�applicant of privileges enjoyed by the , owners of other properties in the same zone. Attachments . 1., .Location Map 2. Site Plan ` 3. Resolution N0.2511 f:\staffrpt\4ar29pc . ' � � _ � � - . 3 ... � _;:.__ � _ _.. __ _.. . _.. _._._._____._. - .---- - --_._._ . I � J � - - - -- � ---- -- �, 1 "' - c ':: � �°,;; � . ; , I r �. � '_ . LOCATION� MAP "r ��, �.K... , . . ' . ?iy: y'� . • i. ',tK. :,2.. . . ,i.� . . � . ���.4�: � �� ° , � ' _ ' � � ' I Y'�.� � � . . � ' . . { ' H �'�.�;^.s b . K .. 1 �' . ' '•ip•ly ._.�� � V : ..� — � � �� �o ` , a ^ � � � ' � . ..— � - �— �— ao' . r : " i19 '�ia 19 o�cn � �` w,' N.R �" N. : ;�, i a .o,�. 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'�f! iNS iNi � h '7 M �' a �� � v � � ° ' .lb!/ pcaY o gsl , � � � � � iia� � (3f N ^'s �ry � X � �P �� � �y . ' .an��4�Ai o IiTG J0 ,�� y , ' , usr„ � ca:$ , j EUCUO �, :. „ ¢+.. r .. g . ,, r 'y. rv U �5'i AVfN � i. � , A e7 /i�.., . q 9 +� � A �7 ,? iir c�, iqr's $ o A p ii w u � ,�r n �. ry � . s ' /i�� ii}� �iry � ro u72 W 9N �, � ' " � 8 ii � � � �� � n � 'I q � �' 7 r . 1 70 R1 97 p ,'..� i. � ''.' r 4,, � ��� � � � ° �,, " , a �,�, � . ., •�y+7 O ii •n �i� . 97l a, . � - . ' � _ .�� �'��N,�r O� `�+i„/ ,�, //7I V _ . . _ . . . . p qCyARD . ti ` roY: ^' n C ��' '/ S o r � . . . . "? � X � L � � �+ 7 I ,� .v N�� l� ,.)r . � n4' i.r. i t.��.� . .. , u�7 ��vif •. � . � • A/�Pw.. w 1 �S �?!"y' ' � . � � .�;f.' � V. . . , . '. . ' . . %v:ti'lj:. � , . . ��:1r.�;Y- „ 1 . . . . � ` ,, • / I��' � ... �, � , , . ,N A t . � . ,. ' 1,! . a � CASE -.,�, � N' � �,. J � .. 01 . �L��i� �� . �. ,. . . , , �if,/Y d ' .. � '', � � , � � � ��� �IJ • � . �TwMM ' .. . _ . . . /�w��r�-n�+��+«...�........�.�MwM•��....r ... . . '�j � � ' � � . .. ,� , . , RESOLUTION NO. 251'1 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING A VARIANCE REQUEST (CASE NO. VAR 29) TO REDUCE THE 'LOT WIDTH, DEPTH, AND LOT SQUARE FOOTAGE FOR PROPERTY CONTAINING , TWO SINGLE FAMILY DWELLINGS AT 12403 & 12405 OAK STREET IN ORDER TO SUBDIVIDE THE PROPERTY INTO TWO LOTS IN THE R-2 . (TWO- FAMILY RESIDENTIAL) ZONE, LYNWOOD, CALIFORNIA. • , ° WHEREAS, the Planning Commission of the City of Lynwood, ' pursuant to law, hel'd a public hearing'on the subject application; and ,. WHEREAS, the Planning Commission has carefully considered a11 pertinent testimony offered at the public hearing; and. , �' WHEREAS, the project is consistent with the intent of the General Plan in that the subject site is classified R-2 (Two- Eamily Residential); and WHEREAS, the Community Development Director has determined that the proposal is exempt from provisions of the State CEQA - Guidelines,.Section 15061b (3}, as amended. Section 1. The Planning Commission of the City of, Lynwood hereby finds and determines as follows: A. The strict or literal interpretation and enforcement of the specific regulation would result in practical difficulty � or unnecessary physical hardship inconsistent with the objectives of the City Zoning ordinance. B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone. C. The strict or literal interpretation and'enforcement of the specified regulation would deprive the applicant of ' , privileges enjoyed by the owners of other properties in the same zone. D. That the granting of the Variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the same zone. E. That the granting of the Variance will not be detrimental to the public health, safety, or welfare, �or materially injurious to properties or improvements in the ' vicinity. F. That the granting of the Variance wi21 not adversely ','affect the orderly development of the City. Section 2. The'Planning Commission of the City of Lynwood, based'upon the aforementioned findings and the determinations, hereby approves Variance Case No. 29, subject to . the following conditions: , � f:\resolutn�reso2511 - � � . � � : . 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 Uniform Fire Code. � 2. Any proposed subsequent modification of the subject site or � structures thereon, sha11 be first reported to Director of the Community Development for review and approval. . 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 conditions of this approval ' prior to issuance of any building permits. PLANNING DIVISION 5. Landscaping areas are to be a minimum of twenty-five (25%) percent of..the lot area. 6. Landscaping and irrigation shall be installed in accordance , with a detailed plan to.be submitted and approved by the Director of Community Development prior to issuance of any . building permits. 8. The minimum plant material shall be trees and shrubs ; combined with'ground cover as follows: One (1) ,fiye (5) '.. gallon shrub for each 100 square feet of landscape area; and two_(2) fifteen (I5) gallon trees for each 50o square feet of landscaped area. :9• The required front, rear, and side yards shall be - landscaped pursuant to Cbndition No. S except for necessary , walks, drives and fences: � 10. Applicant shall provide an easement of 10 feet on parcel "B"°as seen on the Tentative Parcel Map for driveway access . fbY 12405 Oak Street. 11. A minimum two (2) car garage shall be maintained for each , Single Family dwelling as a condition of approval. 12. All driveway•and parking areas shall be paved. ' 13. Prior to the installation or construction of any masonry wall, the property owner shall obtain a permit for 'and submit the following information to the Planning Division: a. Simple plot plan showing the location of the masonry . wall in relation to property lines, lengths, proposed . materials, and openings or gates to provide access for vehicles and pedestrians. • b. For masonry walls (as defined in subsectson 25-2.1) a -buildinq permit shall be applied for in addition to the � plot plan described above. All masonry walls of any y height shall meet the requirements for masonry construction as defined in Chapter 24 of the Unified . ' Building code. A fee based on the valuation of the proposed construction shall be paid to the Building Department. , c. All masonry walls shall be required to maintain adequate access for the purpose of safety and convenience. A thirty-six (36) inch or three (3) z ,f' . �- foot clear.gate or opening shall be provided to all ��' enclosures for pedestxian and wheelchair access. Pedestrian and vehicular access shall be provided separately. . d. All masonry walls be required to be installed with a finished, esthetically pleasing side facing out toward adjacent properties or the public right-of-way. , 14. The residential structure shall have an exterior siding 'of brick, stucco, wood, metal, concrete, or other similar material other than the reflective, glossy, polished and/or roof-formed type metal siding. All front yard setbacks . must be measured from inside the street dedications. _ 15. All security fences, grills, etc. shall be architecturally -- compatible with the design of the subject and adjacent , buildings. Iri addition, no security fences, grills etc. � shall be installed without the prior written approval of the Director of Community Development. 16. Air conditioners,- heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanical devices shall be located within the rear yard or street . side yard or corner lot. Such equipment shall be screened from surrounding properties and streets and operated in accordance with the City's Noise Ordinance. 17. The.owner of the site shall maintain a pro-active approach `° to the elimination of graffiti from the structures, fences and any accessory building, on a daily basis. 18. A cover sheet of approved Conditions must be attached to plans prior to submission to the Building.and Safety Division. ' 19. The existing property shall be cleaned and maintained in , sanitary condition and shall be maintained in a neat and orderly manner at all times. Failure to comply may result in�revocation of the approved Variance. _ PUBLIC WORK/ENGINEERING DEPARTMENT The Public Works/Engineering Department found no cause to - establish conditions for this Variance. � FIRE DEPARTMENT The Fire Department found no cause to establish conditions for this Variance. . f:\resolutn\reso2511 � � � 3 . „ / �, Section 3. A copy of this resolution shall be delivered to the applicant. APPROVED and ADOPTED this 8th day of March 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: Sol Blumenfeld, Director Michele Beal Bagneris Community Development Director Interim Deputy City Attorney f: \resolutn\reso2571 � � 4 4 �i �. �- DATE: March 8, 1994 T0: PLANNING COMMISSION FROM; Sol Blumenfeld, Director � Community Development Dep tment BY: Robert Diplock, Planning Manager SUBJECT: Parking Agreement and Covenant for the Joint Use of Parking Facilities, Genesys Academy, 11170 1/2 S. Atlantic Avenue, (Parcel 1) and Pryor Property, 11155 S. Atlantic Avenue (Parcel 2). Pr000sal• Staff is requesting the Planning Commission, on behalf of the Genesys Academy, to authorize and approve for recordation a Shared Parking Facilities Agreement, for the subject parties. Facts• 1. Source of Authoritv: Section 25-14.6 h. of the Zoning Ordinance, Shared Parking provisions allows parties to establish a parking agreement in order to meet the parking requirements in the C-3 (Heavy Commercial) Zone. The provisions of this Section calls for such agreement to be reviewed and approved by the City Attorney, and authorized and approved for recordation by the Planning Commission. 2. Property Location: Parcel 1, 11170 1/2 S. Atlantic is located on the east side of S. Atlantic Boulevard, approximately 120 feet north of , the southeast intersection of S. Atlantic Boulevard and Beechwood Avenue. Parcel 2, 11155 S. Atlantic Avenue, is an interior lot located on the west side of S. Atlantic Avenue between Elmwood Avenue and Beechwood Avenue. Back�round On September 8, 1993 Geneseys Academy applied for a Preliminary Business License at the subject site in order to perform tutoring, provide literacy classes and individual and group counseling. The Academy would have a staff of four (4) persons and four (4) volunteers. On September 22,1993, Staff approved the Preliminary Business License provided 1) a sign application be submitted to the Planning Staff (approved on February 22, 1994) and 2) a Shared Parking Agreement be secured to met the parking requirements of the of the Zoning Code. The Director and Executive Director of the Academy eventually were successful in securing a shared parking agreement with the owners of property identified as Parcel 2, located within 400 feet of the subject property (see attached Shared Parking Facilities Agreement). The City Attorney reviewed and approved the agreement for content and form. f:\statfrpt\pcgensey.308 1 ,�E\T BY ti250u78 � 3- 1-9� ; 3:�8P11 � RICH.aRUS. h.=iTSU.� =?" �t�i u�� �lo_.= .,; o w�` ` When Recorded Return To: Department of Community Development City of Lynwood . 11330 Bullis Road Lynwood, Californfa 96262 Space Above This Line For Recorder's Use Only � PARKING AGREEMENT AND COVENANT' RELATIVE TO JOINT USE OF PARKING FACILITIES This Agreement is made on December 1, 1993, by and petween Roy Pryor ("PRYOR"), an individual, Monty Rodell ("RODELL"), an individual, and Genesys ("GENESYS"), a non-pi'ofit organization. RECITAIS A. RODELL owns that real property commonly known as 11170� South Atlantic Avenue, Lynwaod, California, more particularly described in Exhibit "A" attached hereto and incorporated herein ("Parcel 1"). Parcel 1 is zoned commercial ° and is currently utilized as a community service center. 8. PRYOR owns that real property commonly known as � 11155 South At2antic Avenue, Lynwood, California and more � particularly described in Exhibit "A" attached hereto and incorporated herein ("Parcel 2"). Parcel 2 is zoned commercial and is currently utilized as a church. ` C. GENESYS desires to use Parcel 1 for a youth and community service center which under the Lynwood Municip8l Code , requires eight (8) parking spaces. D. only two (2) parkinq spaces are available on Parcel 1. PRYOR is willinq to make six (6) parkznq spaces available on Parcel 2 to satisfy the parking requirements for PdTCel 1. E. Pursuant to Section 25-14.6(h) of the Lynwood Hunicipal Cade, the Lynwood Planning Commission is empowered to authorize the joint use of parking facilities where the demand for parking between the two uses does not conflict. In accordance with said Section, the church u�e i6 a nighttime use, the use by GENESYS is a daytime use, and the distance between the building on Parcel 1 and the parking lot on Parcel 2 ie approximately •150 feet. � SE.\T BY:r�2fiUU7t3 3- 1-9� � 3�59P11 � RICFLaRDS. R:aTSp` T2- 310 637 i?82:= �; 8 i . .:, , 1, ;, �. F. The parties desire to enter into an agreement pursuant to which certain parking rights are granted by PRYOR as the owner of Parcel 2 to RODELL as the owner of Parcel 1, Lor use by GENESYS to satisfy the requirements of trie Lynwood Municipal Code. . N�w THEREFORE, in consideration of the mutual covena�ts contained herein, the parties hereby covenant and aqree as follows: ARTICLE l. EASEMENT GRANTED 1.01 Grant of Easement. - PRYOR hereby grants to RODELL, as grantee, non- exclusive easements over, acrass, in, under and throuqh the , northwest part oP Parcel 2(parking lot and driveways) as follaws: A. For six (6) parking spaces for parking by invitees, perniittees, guests and employees of Parcel 1(i.e., the Genesys Academy). B. For inqress and egress by vehicular and pedestrian , traffic by invitees, permittees, quests and employees of Parcel 1. 1.02 Duration of Easem�nt. The easements granted under this Agreement shall cantinue in effect until the use of said easements by RODELL or GENESYS is abandoned for a period of at least twa (2) years, unless otherwise terminated as provided herein. RODELL and GENESYS shall have the non-exclusive riqht to vehicular parking on Parcel 2 as provided herein Mondays through Saturdays, between the hours of 9:00 a.m. and 8:45 p.m. Guests, invitees and ` employees of�Parcel 2"utilize the parkinq area for Parcel 2 primarily on Sundays and GENESYS, RODELL, and their quests, , invitees.and employees vill not utilize Parcel 2 on Sundays. 1.03 Covenants Run with the Land. The covenants, restrictions, conditions, and provisions contained in this Agreement (whether affirmative or neqative in nature) (1) are made foz the direct benefit of Parael 1; {2) shall constitute and be enforceable as an equitable servitude on Parcel 2 in favor of Parcel 1; (3) shall constitute covenants running with the land: (4) shall bind every person havinq any fee, leasehold or other interest in Parcel 2, to the extant that � the covenants, restrictions, oonditions or provisions apply to " • Parcel z; (5) shall inure to the benefit oE the owner of Parcel i ard his respective succesaors and assigns. . s4ozie �asu-000a� ro� oeso�a , - 2 - �t<< EiY 6"bUU'd . : 3- 1-9# �� UUPN � Ri�H.aRDS. R.aTSU.\ =3- °' 310 637 7782 9i g ��� _ ,� �. 1.04 �q�deration. In consider3tion oE the easements referted to in Section 1.01 of this Aqreement, ROpELL aqrees to pay the sum of One DO11dI ($1.00) per yedr to PRYOR. , AR'TICLE 2. ' TRANSFER OF LIMITATIONS, RIGHTS AND OBLZGATIONS z.ol Assumption. If Parcel 2 is sold, transEerred or otherwise disposed of, the obligations under this Aqreement shall be assumed, pursuant to paragraph 2.02 of this Agreement, by the transferee, assignee, grantee, or lessee. 2.02 Transfer. IP PRYOR conveys, assigns, sells, or otherwise , transfers his entire right, titls, and interest in Parcel 2, PRYOR may be released from his obligations arising under this `, .Agreement subsequent to the date of the transfer, only if he delivets to the City of Lynwood ('�CITY") and each party to this Agreement, written notice of the transfer and assumption statemant, in recordable form acceptable to CITY and executed by the transferee. The notice of transfer and assumption statement shall he delivered prior to or at the time the instrument •' effecting the transfer is filed fox recordation with the County of Los Angeles. The notice of transfer and assumption statement shall contain a statement that the transferee expressly assumes and aqrees to be bound by the covenants, conditions and _ restrictions contained in this Agreement. A transfenee's failure to comply with the requirements set forth in this Section 2,02 does not affect the running of any covenants with the land provided for under this Aqreement. ARTICLE 3. ` DEFAULT, TERMINATION AND REMEDIES 3.01 Lecal and Equitable Remedies. In the event of an ac�uai or threatened violation, default or breach of any of the terms, restrictions, covenants or ' � conditions of this Agreement by either party, the party affected by the breach shall have the right to pursue any available legal � or equitable remedy, including damages, injunctions and restraininq orders in addition to any remedies described in this Agreement. All remedies shall be cumulative and tha pursuit of any available remedy shall not constitute a waiver or election of remedies with respect to any other available remedies. A party shall be responsible for any default by an xcupant o! the party�s parcel. � � � 940218 t0512•00001 rpl 0850943•1 � - 3 - � � �- i �� , f.uu'r:a . rc_n:ikll�. hai5u.\ s2— 31p 63i 7782�.= ti; 8 a � `{. 3.02 Term'nation not Permitted for reach. It is expressly aqreed that any breach of this Agreement shall not entitle either pdrty to cancel, rescind or otherwise tet�minate this Agreement or any o! its provisions. � However, this limitation shall not in any way afPect any other rights or remedies that a party or other person or entity may have for a breach of this Agreement. 3.03 Termination and Amendment. This Aqreement may be terminated or amended only by a writing that is executed by all of the parties and recorded in the Office of the Recorder of Los Anqeles County. 3.04 Attorneys� Fees. If any action is commenced between.the parties to this Agreement concerninq this Agreement or for the enforcement oP I riqhts and duties of either party, the party prevailing in the action shall be entitled to reasonable attorneys' fees. ARTICLE 4. MISCELLANEOU6 � I 4.01 Third Party eneficiarX• I CITY shall be a third party beneficiary of this � Agreement and the covenants contained herein, and it shall be ; entitled to enforce the riqhts contained herein as such third party beneficiary, i 4.02 No Public Dedication. i I Nothinq contained in this Agreement shall be deemed to � be a gift or dedication of any Parcel or portion of any Parcel to ' the general public, or for the general public. i I 4.03 Notices. � ; All notices, statements, demands, requests; approvals � or other coaununications to be given pursuant to this Agreement ' shall be in writing addressed ta the parties at their res�ective ; addresses set forth below. All notices shall be delivered in I person or by certified, return receipt requested and postaqe prepaid. Notices shall be deamed given on tha date personal I delivery is made or, in the case of mailed notice, the date of � delivery indicated on the requested return receipt. � Notices shall be sent to the followinq addresses unless � and until a Party chanqes its address by written notice qiven to � all other parties: . 94021a IOS1Y•00001 rpl OB509�] 7 � 4 � s�E�T BY G2600i8 : 3- 1-9� ���u1PN : RICKaRDS. K.aTSV�: =2 31U �37 7782 T 7! 8 ��:i � TO PRYOR: TO RODELL: TO GENESYS: TO CITY: Director of Community Aevelopment City of Lynwood 11330 Bullis Road Lynwood, CA 90262 � I Any person or entity who becomes a party to this � Agreement after the effective date of this Agreement shall give � written notice of his, her, or its address to each of the other i parties and to CITY. i � 4.04 Hgld Ha less. I GENESYS aqrees to hold PRYOR and CITY harmless from any j and all loss, damaqe, claim for liability or damage, or expense � arising out of or resultinq from claims or injuries to persona, � vehicles or other property upon or about the parking lot area of ; Parcel 2 as a result of this Agreement. � I 4.05 Severabilktv. If any provision of this Agreement is held to be ; invalid by any court of competent jurisdiction, the remaininq ! provisions shall remain in full force and effeat. � I i � � i � s4o:�a �osiz•oaooi ro� aesoxa � - S- i = SENT BY�, � � 3' 2-94 �11�46AM � [130260078� oiu ��5! 7'iuz � t � ?.. k1' ' �. 4.06 Record�tion and E£Pective Date. � The Partiea shall cause this Aqreement�to be recorded, as soon as possible after the execution of this Agr�ement, in the offfcial racords af the Connty oP Los r+ngeleffi, CaliPornia and ': the'reaftar deliver copies of the Agreement showinq racordation, to each of the other parties and to CITY. The etPective date of this Agreement shall be the date on which it is recorded. Executed at Lynwood,.Ca2iPornia, on December 7., 1493, OWNER OF PARCEL 1' ODELL") OWNER OF PARCEL 2("PRyOR") � , M NTY EL ROY .PRYOR GENESYS {°GENE9YS") GENESYS ("GENESY3��) Sy gy y,r/ � . SS GOODMAN, EV. ALF DDIE J SON, JR. ; Executive Directior Founder I i I - _ � i i I � � � � i I . , I I I . f � ATTACHMENT A SHARED PARKING FACILITIES PARCEL 1, COMMONLY KNOWN AS 11170 1/2 S. ATLANTIC AVENUE AND PARCEL 2, COMMONLY RNOWN AS 11155 S. ATLANTIC AVENUE, LYNWOOD, CA. PARCEL 1 LEGAL DESCRIPTION Lot 76 as shown on Tract No. 7984 in the City of Lynwood, State of California, Map Book 90, pages 34-36 of maps in the Office of Los Angles County Recorder (see attached Assessor's Map 6194-12). PARCEL 2 LEGAL DESCRIPTION I Lot 11 as shown on Tract No. 9337 in the City of Lynwood, State I of California, Map Book 130, pages 61-63 of maps in the Office of � Los Angeles County Recorder (see attached Assessor's Map 6193- ' 13). I � I .I ' f�planning�staffrpt�f:pcgensey.ldr � I I I � � I I ( � ' I ` I I . , t I . I � � I � � Vly'i . IG , .. , . . _ , , ..:. . , . . . ._ . . . . , . . . ; ,�� I -sCnLE�6�, � - . , ' � . . � . ., ' . � � � ,� � . ��S)oain=_�o ' . � . _ � . , . . . , �/ . . . - veaBra . . BBUl7 I .� " ,, . . . � . ' . ' R ;�s RG /Nl,q . . , - . . � 19�9 0 � . 3 �� Fso, PARCEL I ��� � 6� � � MAP - ; $ .�> Jo . \. /�� b �9 ' � d'p' . . . . . . � . \ �� 6,9Li� 3p . , .. ' �.. 0 �, / 3p � � 0 6 O' � � q� � ti O / I �. . ,� _ �� �68 � ry �.W� f ` . . . . . Jp 9 /�� 76 ��. q � o z ". � � � % � O ya . � . 9� Ass O `� � 3 0 � . � O h � . . � Z36 s � S� O c3so°� .. 4� � �6q O .. q�/e " -� 59 s� � .. �63 � � h� � . . s� � ., 3p � 82 O O . . - � � , . 99 N . ._ C I . . � . ' r � d' '� 9 3 s4 O � � � � /s� ' O . p3 . . . � `� es � i � se ' O „ + eO h '9 �� ,o ,� . qT�q g s 69 ' O - /S9 -q �. C 0 •• , �� 3 � � 7 , so �. `� � � , v � Q o 4 � 5 O � 0 �/ >> � 0 ° r 1 \ I 3 • � . � � 6 O U �� ( - � �. I , �> > � \ i . �� � � . . , � -i� o+ i . �ooE Ti RACT NO. 7984 � '°' �, '� � R� 6089 M.B.90 -34 -36 � 6529 . . � .. .. . . . . . . � � . . � . . ' � ' . . . . . .. . � - � o � .. . . . . � _ FOR P0.EV. ASSMT. SEE: 863-3 � � ��`. . � � . . � . , ,_ .. . . ;� . ' -. . . ., . . . _ � � � ` � • ' _ - 15SESSOR'$ MAP �. , _ �� i y� IJ . ,. CALE 1 , 60� � . � . _ ' . - . ' � � . .. . . . . . _ . .. 71.� . .. .. qT� . � ,o� . PARCEL �2 � n R , i5 � I3s3jJ � � . , . . . . ' . . � ' 1-1�1 ... , ' : . . s .7g � " ° ; . � - - . . . . . ._ . - � . . ,�'� . � � ZS . . � � . .. . � - . . � - , � .. . _ . . , . �\ . . , J , . . - � � � � O O -S '9" � � � . " . ' ' . . d . � Sc� N� O - SO / � O. . ' . SO C , . <. .. .. � . . 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R �5 so» . �� TRACT NO. 9 337 , . . - M. �, �30-6 �-63 s r b° � - , y� . . �� � . . . � � . . � _ ,���: �fOR PREV. ASSM'L� SEE� 863- 24 - - . . „ . � � . ' . . - , . , . . � � . � �.' � .