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Home My Public Portal About1992-01-14 PLANNING COMMISSION � � ! ' �4. , AGENDA (/ � RECE � cirr oF �vriw000 I LYNWOOD CITY PLANNING COMMISSION C11Y CLERKS OFFICE REGULAR MEETING - 7:30 p.m. � �AN 0 9�992 PN 7i8i City Hall Council Chambers 4 / � 11330 Bullis Road, Lynwood, CA �%��.��9�%��" _ JANUARY 14, 1992 d � John K. Haynes Chairperson Jamal Muhsin Carlton McMiller Vice Chairman Commissioner Elizabeth Dixon Roy Pryor Commissioner Commissioner Donald A. Dove Errick Lee, Commissioner Commissioner ', C O M M I S S I O N C 0 U N S E L• ` Henry S. Barbosa Ken Fong City Attorney Deputy City Attorney STAFF: Kenrick Karefa-Johnson, Director Aubrey D. Fenderson Community Development Department Planning Manager Art Barfield Louis Omoruyi Planning Associate Planning Associate John Oskoui Assistant Director Public Works f:GIANNING\MINUTES\JAN92 1 1 � JANUARY 14, 1992 OPENING CEREMONIES: A. Call meeting to order B. Flag salute C. Roll call of Commissioners D. Certification of Agenda Posting E. Approval of minutes December 10, 1991 Planning Commission meeting. NEW PUBLIC HEARINGS 1. CONDITZONAL USE PERMIT - CASE NO. 98 Applicant: Luis Balbuena • COMMENTS The applicant is requesting approval of a Conditional Use Permit to develop a three (3) dwelling units at 3405 Elizabeth Avenue in the R-3 (Multi Family Residential) zone. RECOMMENDED ACTION Staff respectfully requests that after consideration the Planning Commission adopt Resolution 2417: A. Certifying that the project is categorically exempt from the provisions of the State CEQA Guidelines as amended by Section 15061 b(3). B. Approving Conditional Use Permit No. 98, subject to the stated conditions and requirements. 2,. CONDITIONAL USE PERMIT CASE NQ. 102 . Applicant: Arjel Levobits COMMENTS The applicant is requesting approval of a Conditional Use Permit to develop and operate an automobile tire shop at 12317 Long Beach Blvd., in the C-3 (Heavy Commercial) zone. This item was continued from the December 10, 1991 meeting. On December 17, 1991 the City Council adopted a moratorium prohibiting new development of automobile related land uses. The proposed land use is prohibited by the Moratorium Ordinance; however the applicant submitted the Conditional Use Permit application on November 14, 1991 which was processed by staff well before the adoption of the Ordinance. RECOMMENDED RCTSON . Therefore, Staff respectfully requests that after consideration the Planning Commission adopts Resolution No. 2415. A. Certifying that the project ie categorically exempt from the provision of the CEQA Guidelines as amended by Section 15061 b(3). B. Approving Conditional Use Permit, Case No. 102 subject to , the stated conditions and requirements. � � f:plenninp\minutea\jan92 , I . � 2 ` I I _ i �. � �� NEW PUSLIC HEARING None REGULAR ORDER OF BUSINESS None STAFF COMMENTS NONE PUBLIC ORALS None COMMISSION ORALS AA70URNMENT Adjourn to the regular meeting of the Planning Commission on February 11, 1992 at 7:30 p.m., in the City Hall Council Chamber, 11330 Bullis Road, Lynwood, California. � f:plenning\mirwtes\Jan92 � I I � 3 I � �. ,_ i� MINUTES OF A REGULAR MEETING PLANNING COMMISSION CITY OF LYNWOOD, CALIFORNIA TUESDAY, DECEMBER 10, 1991 OPENING CEREMONIES A. Call to Order The regular meeting of the Planning Commission of the City of Lynwood was called to order by Chairperson Haynes on the above captioned date at 7:35 p.m., in the Council Chambers of Lynwood City Hall, 11330 Bullis Road, Lynwood, California 90262. B. Pledqe of Alleaiance The flag salute was led by Commissioner Dixon, all present participated. C. Roll Call of Commissioners Chairperson Haynes requested the roll call, and Mr. Fenderson complied. Present: Commissioner Elizabeth Dixon Commissioner ponald A. Dove Commissioner Errick Lee Commissioner John Haynes Commissioner Carlton McMiller Commissioner Jamal Muhsin Also Present: Ken Fong, Deputy City Attorney Aubrey Fenderson, Planning Manager Art Barfield, Planning Associate Louis Omoruyi, Planning Associate Paul Nguyen, Civil Engineering Associate Mr. Fenderson said Commissioner Pryor call staff and said he had to work. MOTION by Commissioner Lee, SECONDED by Commissioner pove, to grant Commissioner Pryor an excused absence. MOTION carried by the following vote: AYES: Commissioners Dixon, Dove, Haynes, Lee, McMiller, Muhsin � NOES: None ABSENT: Commissioner Pryor ABSTAIN: None There were approximately ten people in the audience. F. Certification of Aaenda Postina Mr. Fenderson stated the agenda was posted per the Brown Act. G. Aoproval of Minutes MOTION by Commissioner Lee, SECONDED by Commissioner Muhsin, to accept the minutes of November 12, 1991, as submitted. f:minutes/dec10 1 . v :� � MOTION carried by the following vote: AYES: Commissioners Dixon, Dove, Haynes, Lee, McMiller, Muhsin NOES: None ABSENT: Commissioner Pryor ABSTAIN: None Chairperson Haynes said he planned to institute new procedures which will improve the efficiency of the meetings. He will read the title of upcoming items, and there will be a roll call vote for each item. NEW PUBLIC HEARINGS: 1. Conditional Use Perniit - Case No. 100 3210 Mulford Avenue (Mike Patel) Applicant requests approval to develop a storage facility in a C-2A (Medium Commercial) zone. Mr. Fenderson introduced Mr. Barfield, who read pertinent � information. Chairperson Haynes asked staff about Condition No. 60, under FZRE DEPARTMENT, "Recommend that buildings C, D, E be fully sprinkler." Chairperson Haynes wanted to know why all buildings were not required to have sprinklers. Mr. Barfield said buildings C, D and E were all the Fire Department requested, based on square footage. Commissioner McMiller, who is a firefighter for the City of Compton, was unable to explain, since he didn't know the square footage. Chairperson Haynes said he would like to see Condition No. 60 read, "Require that all buildings (A, B, C, D and E) be fully protected by sprinklers." Chairperson Haynes opened the Public Hearing. Don Kimmel, 11429 N. Brookhurst, Anaheim, rose to discuss the required fifteen trees, tree well covers and parkway landscaping. (Conditions No. 51, 52 and 53.) Mr. Nguyen said the applicant had already accepted these conditions. There was a short discussion and Mr. Nguyen agreed to check out all three conditions. Commissioner Lee asked who will maintain these trees and the parkway and Mr. Nguyen said that would be the City's responsibility. The trees will be watered regularly once a week. There being no one in the audience wishing to speak in favor of, or in opposition to the proposal, Chairperson Haynes closed the Public Hearing. Chairperson Haynes and Commissioner pove expressed their approval of this storage business and the residents' need for same. MOTION by Commissioner Lee, SECONDED by Commissioner pove, to adopt Resolution No. 2413, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 100 FOR THE DEVELOPMENT AND OPERATION OF A f:minutes/dec10 2 a � PERSONAL STORAGE FACILITY AT 3210 MULFORD AVENUE IN THE C-2A (MEDIUM COMMERCIAL) ZONE, LYNWOOD, CALIFORNIA, 90262," subject to the stated conditions and requirements, with Item No. 60 corrected to include all buildings, finding that the project will not have a significant effect on the environment and certifying the Negative Declaration as adequate. MOTION carried by the following vote: AYES: Commissioner Dixon, Dove, Haynes, Lee, McMiller, Muhsin NOES: None ABSENT: Commissioner Pryor ABSTAIN: None Mr. Fenderson said he was going to introduce Item No. 6 at this time. �' 6. Conditional Use Permit - Case No. 97 4363 Imperial Highway (Johnson Ayodele) Applicant requests approval to open a mini market with,the off-sale of beer and wine. Mr. Fenderson introduced Mr. Barfield, who read pertinent information recommending denial. Chairperson Haynes opened the Public Hearing. Applicant Johnson Ayodele, 20127 Gainsin, Carson, 91746, rose to explain that he has been trying for some time to get approval to open this mini market. He discussed several businesses he owns in Long Beach, Carson and Compton. He is also a professor at Compton College. He will do anything necessary to open this business. Chairperson Haynes explained that the City has a law that there must be 300' between businesses licensed to sell , liquor, and the Commission is bound by the law. Mr. Ayodele said he doesn't plan to sell liquor, only beer and wine. It was agreed by the Commissioners and staff that beer and wine are "liquor." Chairperson Haynes informed the applicant that should his request be denied, he can appeal to the City Council within fifteen days. They can override the law, which this Commission cannot. Peter Fertig, 129 N. Morango, Pasadena, who runs the mall, rose to say he wasn't told about the distance requirement. He asked if the difference between onsite and off site sales is considered under the law. Mr. Barfield replied in the negative. There was a short discussion about grandfathering between Chairperson Haynes and Commissioner pove. Mr. Fertig said the rejection of this Conditional use Permit will create a hardship for the citizens of Lynwood and, besides, owners of mini malls should be able to rent to " anyone they choose. Chairperson Haynes said li.quor is for sale within walking distance for all citizens of Lynwood. Mr. Fertig asked why this mini market is considered an "incompatible land use." (Page 2, under "Consistency with General Plan"). It was explained to Mr. Fertig that the Circle K went out of business, and after ninety days, lost the original Conditional use Permit which permitted liquor f:minutes/dec10 3 �, sales. Mr. Fertig protested that the tenant continued to pay � rent, although he was not operating the establishment. Chairperson Haynes said the building was vacant, it was not operating as a viable business, therefore the original Conditional Use Permit was invalidated. Mr. Fertig said the continued vacancy of the property is more adverse to the City of.Lynwood and its residents than the sale of liquor. There beinq no one else in the audience wishing to speak,in favor of, or in opposition to the proposal, Chairperson Haynes closed the Public Hearing. Chairperson Haynes said the ordinance was established by the City Council to control liquor sold in the City. Commissioner pove said the vacant land is a target for vandalism, but he is aware of the problems caused by the proliferation of liquor sales, He would like to see the premises occupied. Commissioner Dixon asked what else would be sold. Mr. Ayodele replied that groceries, food and cigarettes would be sold, but he expects that 35$ oP his profits will come from the sale of beer and wine so he cannot operate without the CUP. MOTION by Commissioner Muhsin, SECONDED by Commissioner McMiller, to deny this application. MOTION carried by the following vote: AYES: Commissioners Dixon, Haynes, McMiller, Muhsin NOES: None ABSENT: Commissioner Pryor ABSTAIN: Commissioners Dove, Lee Chairperson Haynes reminded the applicant that he can appeal to the City Council within fifteen days and wished him luck. 2. Conditional Use Permit - Case No. 101 11742 Second Avenue (Wilbur Owens) Applicant requests approval to develop a duplex in the R-2 (Two-Family Residential) zone. Mr. Fenderson requested that the Planning Commission continue this item to their next regularly scheduled meeting on January 14, 1992. MOTION by Commissioner pove, SECONDED by Commissioner Lae, to continue Conditional Use Permit - Case No. 101 to the next regularly scheduled meetinq of the Planning Commission on January 14, 1992. MOTION carried by the following vote: AYES: Commissioners Dixon, Dove, Haynes, Lee, McMiller, Muhsin NOES: None ABSENT: Commissioner Pryor ABSTAIN: None f:minutes/dec10 - . 4 � 3. Conditional Use Permit - Case No. 103 11734 Third Avenue (Wilbur Owens) Applicant requests approval to develop a duplex in the R-2 (Two-Family Residential) zone. Mr. Fenderson introduced Mr. Omouryi, who read pertinent information. Chairperson Haynes opened the Public Hearing. Mr. Wilbur Owens, 19408 Montgomery, Carson, rose to question Condition No 38, "Provide and install one (1) marbelite street pole with light fixture, underground services and conduits: Third Avenue." Chairperson Haynes said their requirement is never dropped, and will not be dropped until all street light wiring in . Lynwood is underground. However, something can be worked out with the Public Works Department. . Mr. Nguyen said Mr. Owens can give the City a$2000 deposit and the City will take care of the street light installation with the Edison Company at some future date. Mr. Owens then questioned Condition No. 34, "Construct two (2) wheelchair ramp(s) at: The SE and SW corners of Third Avenue and Josephine." He bought this property from Caltrans and wants to build affordable housing. Chairperson Haynes told Mr. Nguyen that the Public Works Department should stop asking for two wheelchair ramps from each applicant. The applicant should have to build only one wheelchair ramp, on his side of the street, then let another developer build the ramp on the opposite side of the street sometime in the future. Mr. Owens then questioned Condition No. 30, "For the purpose of providing heating for any dwelling proposed, only an energy efficient forced air furnace shall be used, and that the use of any wall furnace shall be expressly.prohibited." Chairperson Haynes said this requirement was established about two years ago by the City Council, and cannot be waived. Mr. Owens than questioned Condition No. 12, for a six-foot block wall fence. Chairperson Haynes said this condition will not be waived, all the Commissioners prefer block wall fencing. There being no one else wishing to speak in favor of, or in opposition to the proposal, Chairperson Haynes closed the Public Hearing. MOTION by Commissioner McMiller, SECONDED by Commissioner Dixon, to adopt Resolution No. 2416, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 103 FOR THE CONSTRUCTZON OF A ' DUPLEX AT 11734 THIRD AVENUE IN THE R-2 (TWO-FAMILY RESIDENTIAL) ZONE, LYNWOOD, CALIFORNZA," with Condition No. 34 modified to require only the SE wheelchair ramp, subject to all other conditions and requirements, and certifying that . the project is categorically exempt from the provisions of the State CEQA Guide lines as amended by Section 15061 b(3). f:minutes/dec10 5 t MOTION carried by the following vote: AYES: Commissioner Dixon, Dove, Haynes, Lee, McMiller, Muhsin NOES: None ABSENT: Commissioner Pryor ABSTAIN: None Chairperson Haynes asked staff to request that City Council review the new heating systems available, especially the new wall furnaces with fans. He would like a little leeway. Chairperson Haynes discussed an article he'd seen in the Sunday Los Angeles Times about $200,000+ homes built in Watts. Commissioner McMiller stated his aversion to wall heaters, sometimes people place racks with wet laundry in front of them to dry. Terrible deadly fires have started this,way. 4. Conditional Use Permit - Case No. 98 3405 Elizabeth Avenue (Luis Balbuena) Applicant requests approval to develop three dwelling units in the R-3 (Multi-Family Residential) zone. Mr. Fenderson asked the Planning Commission to continue this item to their next regularly scheduled meeting on January 14, 1992. MOTION by Commissioner Muhsin, SECONDED by Commissioner Dixon to continue Conditional Use Permit - Case No. 98 to the Planning Commission meeting scheduled on January 14, 1992. MOTION carried by the following vote: AYES: Commissioners Dixon, Dove, Haynes, Lee, McMiller., Muhsin NOES: None ABSENT: Commissioner Pryor ' ABSTAIN: None 5. Conditional Use Permit - Case No. 102 12327 Long Beach Boulevard (Arje Lebovits) Applicant requests approval to establish a tire shop in the C-2A (Medium Commercial) zone. Mr. Fenderson asked that the Planning Commission continue this item to their next regularly scheduled meeting on January 14, 1992. MOTION by Commissioner pove, SECONDED by Commissioner McMiller, to continue Conditional Use Permit - Case No. 102 to the Planning Commission meeting scheduled on January 14, 1992. f:minutes/dec10 - 6 r° I MOTION carried by the following vote: AYES: Commissioners Dixon, Dove, haynes, Lee, McMiller, Muhsin NOES: None ABSENT: Commissioner Pryor ABSTAIN: None REGULAR ORDER OF BUSZNESS None STAFF COMMENTS Mr. Barfield reminded the Commissioners that Commissioner pove asked about fences in re'sidents' front yards and if they could be restricted. Staff checked with other cities, including Beverly Hills, South Gate, Paramount and others. In all the cities canvassed, residents are allowed to have front yard fences. In the past, Paramount considered eliminating front yard fences, but the proposa3 was dropped in favor of front yard protection and safety of their residents. The study is not finished and will be continued. Commissioner pove�thanked Mr. Barfield for his presentation and reiterated that he would like to retain the character of areas where no front fences are present. He suggested checking with the City of Los Angeles and Los Angeles County. PUBLZC ORALS None COMMISSION ORALS Commissioner Dixon discussed Ali Zakeri, an applicant who said he planned to live on site, who has installed two move-ons and the first one installed is already for sale. Mr. Omoruyi said Mr. Zakeri agreed to all conditions and now is fighting all conditions, to the extent that they have asked for the tape of their case. They do not agree that they accepted all conditions. Mr. Fenderson said the case should be turned over to Code Enforcement. Chairperson Haynes asked that this item be brought back to the Planning Commission at their January 14, 1992, meeting. Commissioner McMiller, discussing CUP 100, said Fire Services should "REQUIRE" not "REQUEST" conditions. He is of the opinion that Fire Services conditions should not be changed in any way ' that could lessen their effectiveness and agreed that all five buildings should have sprinklers. Commissioner McMiller discussed a low slump area that is bad in the rainy season, at the intersection of Weber, Cedar and Peach. He wished all present happy holidays and a Happy New Year. Commissioner Muhsin extended holiday greetings to all present. Commissioner pove extended greetings for Christmas and Happy New Year. Ae discussed an illegal furniture factory. Commissioner Lee extended holiday greeting to all and reminded them of the Commissioner's dinner on Wednesday, December 18, 1991. � . f:minutes/dec10 . I ' 7 , Il Chairperson Haynes asked staff to draw up a resolution preventing builders from using shake roofs on new buildings. He conceded that nothing can be done about existing shake roofs but he doesn't want any more in Lynwood. Chairperson Haynes asked that the CHAS Report be given to the Commissioners. He also discnssed seminars that should be attended by Planning Department staff. He wished all happy holidays. ADJOURNMENT MOTION was made by Commissioner Lee, SECONDED by Commissioner Dixon, to adjourn to the regularly scheduled meeting of the Planning Commission on January 14, 1992, and carried unanimously. Meeting adjourned at 9:15 p.m. I � � f:minutes/dec10 � I $ I , AG�IVUR I I tlVl 1VU. � ��G C �i S =: �r 0. (C ' DATE: January 14., 1991 TO: PLANNING COMMISSION FROM: Kenrick Karefa-Johnson, Director _ Community Development Department SUBJECT: Conditional Use Permit - Case No. 98 Applicant: Luis Balbuens PROPOSAL• The applicant is requesting approval of a Conditional Use Permit to develop three (3) dwelling units at 3405 Elizabeth Avenue in the R-3 (Multi-Family Residential) zone. FACTS: 1. Source of Authoritv Section 25-42 of the Lynwood Zoning Ordinance requires that a Conditional Use Permit be obtained for any . residential development in the R-3 (Multi-Family Residential) zone. 2. Propertv Location: The site is located on the North side of Elizabeth Avenue between California and Long Beach Boulevard. (refer to the attached location map). 3. Property Size: The site consists of rectangular shaped lot approximately ' 9,805 square feet in size (53 x185). 4. Existing Land Use: The property contains an existing single family dwelling, that will remain site. The surrounding land uses are as follows: North - Multi-Family Residential South - Two-Family Residential East - Single Family Residential West - Multi-Family Residential 5. Land Use Desianation: The General Plan Designation for the subject property is Multi-Family Residential while the Zoning Classification is R-3. The surrounding land use designations are as follows: General Plan Zoning North - Multi-Family Residential North - R-3 South - Multi-Family Residential South - R-3 East - Multi-Family Residential East - R-3 West - Multi-Family Residential West - R-3 disk94:cup98 � 1 - , �, . ' 6. Project Characteristics: The applicant proposes to develop three (3) units with eight (8) two (2) car garages. The units will consist of a one (1) three (3) bedroom unit dwelling and two (2) two (2) bedrooms units. The existing single family dwelling will remain. The existing two (2) car garage will be demolished. Approximately thirty-three (33�) percent of the site is designated for landscaping. 7. Site Plan Review: - On November 27, 1991, the Site P1an.Review Committee evaluated the proposed development and recommended approval to the Planning Commission, subject to speciPic conditions and requirements. 8. Zonina Enforcement Histor� None of record. 9. Public ResDOnse: None on record at the time this report was prepared. ISSUES AND ANALYSIS 1. Consistency with General Plan The proposed land use is consistent with the existing zoning classification (R-3) and the General Plan designation Multi- Family Residential. Therefore, granting Conditional Use , Permit No. 98, will not adversely affect the General Plan. 2. Site suitabilitv The subject property is adequate in size and shape to accommodate the proposed development relative to the proposed density; bulk of tha structures; parking; walls, fences; driveways, and other development features required . by the Zoning Ordinance. Furthermore, the subject property is adequately served with the required public utilities and offers adequate vehicular and pedestrian accessibility. 3. Comvliance with Development Standards The proposed development meets all the development standards � required by the Zoning Ordinance regarding off-street parking; front, and rear yard setbacks; lot coverage, heiqht, unit size; and density. 4. Conditions of Aooroval ` The improvements proposed, subject to the conditions recommended by the Site Plan Review Committee, will not have a negative effect on the values of the surrounding properties or interfere with or endanger the public health, safety or welfare. 5. B�nefits to Gommunitv The propoaed development will aid to aesthetically upgrade the neighborhood and will act as a catalyst to Eostar other quality developments. Moreover, the development will add favorably to the City's housing stock in furtherance of the policies of the Housing Element of the General Plan. ' . , disk94:cup98- � _ � � . 2 a 6. Environmental Assessment � The Community Development Department Staff has determined that the project is categorically exempt pursuant to Section 15061 b(3) of the State of California Environmental Quality Act of 1989 as amended. , RECOMMENDATION: Staff respectfully requests that after consideration, the Planning Commission adopt the attached Resolution No. 2417: 1. Certifying that the project is categorically exempt from the provisions of the State CEQA Guidelines as amended by Section 15061 b(3). 2. Approving Conditional Use Permit, Case No. 98 subject to the stated conditions and requirements. Prepared By: ' Reviewed By: ^ �� '��-`'�' � ATTACHMENTS• , 1. Location Map 2. Resolution No. 2417 3. Site Plan � � disk94:cup98 � � 3 .t LOCATION MAP M�T�ry L�f £IZ- �� iv �. ' BOUL[YIAO C Y � . ' n '°c ��'�� ia ia O w ;a � ioi� NiS qf i �D � I ) �f � 4 i n �' � o (:^'1 " � l� ? So� la. o Z [ l l r M M .M 7a M 77 t h�i7l �� Ja lI . n J tI 14 �. !) _ � M m r^ I M V I^l� _,... _ ( � `� ' T s� i I n� � � �V4� i . .e��sl �0�3 � .��j� N 7S� a , . n c � � I . I ��y/ . \y 71 nl7l (` NS � 4' � n \� r I I � \ _ • . _ � . ( u � JS'Y _ . a h .o r� � n "'� � � '7 r°`i a ? ' �� '� � � � o �Sl ��6y � � . �i m ") N �,.� �'`� I e S� I M I �"� M> ` p � ` � � fc 'so t� 1> >o rc .s. .e � '• P)y5 � o ti� @ u y& ' J/ � SI ALMf} �vCNUI � s �oPOp Se � � .r se� si i°a t � ° , � �. . � � » �2 � . Jl • il a �.o r a l �� r � �� a I ro� I I J� O � J� a � �iolei �� _ � . ' � n�l M C• ^'iM ��.n � ti� �` J� My ` �. � A \� y � �^ � � I � �` I I ��"I M m ry .. � I pT� 1 „u� • . � I �+_' J I I IO!/ S! � � . � � I �oua � � �� I � '� � � se � ^ I 2 �. M I ,� �. ' N Z :� � A h� � \ "� ^ � ` ^ � � °� � ' ov6. o » '�� g . M M� ^�i 'ti � M � M� "° � M� a �� N � /o � � � i � _(b�� : > . � �n�rn n�l n� M I n� � M M � V s � �{ JO SJ Sl L J) S)� J !o� S� �10 / h 't p .. �j �� . '-' ELI^,�pfgEl {{ AKN(� . � . So Si f0 f! '!l !J t! • Si l0 A 1b f! D n � C �� r+1i � al � J� � G �I � o ; C9oc o - . t M ` M (`/� � V � ^ �� .� I Mf I � � �yi �� ' � M M I ��' �n� M P h � i � a 1 . I F_' i /GV�� . I ��. '� : � � q X sa ' :� aerx G� I � ,,, � J i .� i �� ` . , +r� � �(� ,.�f� � ', M `_,`„j��•K c� u A �o n �� ,. v q � � h� � . M M+ � M n,,,� M �„� � v MI � M 1 ^ �i � „ o � . n ' r , 1 4110 M rn x � C+ rv�.,� � I m M m so � e� M n I � 1J4S5 �i � � rf�� .or» sa.r� uco .$ C MOF!'(G�J � 3 � AJi,iINF� , . u ' l[�/[ /'.iJO� � ' . CASE N0. ��P �� '�; RESOLUTION N0. 2417 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 98 FOR THE CONSTRUCTION OF THREE , (3) DWELLING UNITS AT 3405 ELIZABETH AVENUE IN THE R-3 (MULTI-FAMILY RESIDENTIAL) ZONE, LYNWOOD, CALIFORNIA. WFiEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public hearing on the subject application; and WHEREAS, the Planning Commission, consid'ered all pertinent testimony offered at the public hearing; and WHEREAS, the Community Development Director has determined that the proposal is exempt from the provisione of the State CEQA Guidelinea Section 15061 b(3), as amended; and , WHEREAS, a Conditional Use Permit is required for development in the R-3 (Multi-Family Residential) zone. Section 1. Ttie Planning Commission hereby finds and determines as follows: A. The site of the proposed use is adequate in size and ` shape to accommodate the structures, parking, walls, landscaping, driveways and other development features required by the Official Zoning Ordinance. B. The structures, as propo.sed, subject to conditions, - will not have a negative effect on the values of surrounding properties or interfere with or endanger the public, health, safety, or welfare. C. The site will be developed pursuant to the current zoning regulations and site plan submitted and approved by the Site Plan Review Committee. D. The granting of the Conditional Use Permit will not adversely affect the General Plan. E. The proposed development will add favorably to the housing stock and will provide additional affordable priced housing in concert with the policies of the � Houaing Element of the General Plan. F. The proposed development will aid in aesthetically upgrading the area and will act as a catalyst in � fostering other quality developments. Section 2. The Planning Commission of the City of Lynwood, _ based upon the aforementioned findings and determinations, hereby approves Conditional Use Permit, Case No. 98, provided the , following conditions are observed and complied with at all times. � disk94:reso247� - - 1 ' . ; �� ' COMMUNITY DEVELOPMENT DEPARTMENT ; 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, the Uniform Building Code and the Fire Code and be in substantial compliance with plans on file with the Community Development Department. ! 2. Any proposed subsequent modificatiori of the subject site or _ structures thereon, shall be first reported to the Community , Development Department, Planning Division, for review of , said Conditional Use Permit. , 3. The applicant shall meet the requirements of all other City Departments. 4. The applicant and/or his representative shall sign a • Statement of Acceptance stating that he/she has read, understands, and agrees to all conditione of this resolution prior to issuance of any building permita. PLANNING DIVISION CONDITIONS 5. The applicant shall contact the U.S. Post Office (Lynwood main office) to establish the location of mail boxes serving the proposed development. 6. This Conditional Use Permit shall lapse and become void one hundred and twenty (120) days after the use permitted has ' been abandoned or has ceased to be actively exercised. 7. Construction shall commence within (6) months from date of issuance of building permits. 8. Landscaped areas are to be a minimum of twenty-five (258) percent of the lot area. 9. Landscaping and irrigation shall be inatalled in accordance with a detailed plan to be submitted and approved by the Planning Division prior to issuance of any building permits. The minimum plant material shall be trees and shrubs combined with ground cover as follows: One (1) five (5) gallon shrub for each 100 square feet of landecaped area; and two (2) fifteen gallon treea for each 500 square feet of landscaped areas. . 10. The required front, rear, and side yarda shall be landecaped and shall consist predominately of plant materials except for necessary walks, drives and fences. 11. A minimum of Eight (8) enclosed parking spaces ehall be provided. 12. A six (6') foot high block all ehell be inatalled alonq the perimeter of the property, except within the twenty (20') foot front yard setback. ln this frontage, if built, the wall shall not exceed a he.ight of four (4') feet measured from top of curb. . disk 94:roao2417 � � z �, . f 13. No side yard shall be less than five (5') feet. 14. Final building elevations, including materials of construction, shall be submitted to and approved by the Building Official and the Planning Diviaion prior to issuance of any building permits. 15. Before any building permits shall be issued, the developer shall pay $1.58 per square foot for residential buildings to the Lynwood Unified School Dietrict, pursuant to Government Code Section 53080. 16. All driveway and parking areae shall be paved. 17. Acoustical construction materials shall be used throughout the units to mitigate freeway noise to the standards and ' satisfaction of the Building and Safety Division. 18. The roof shall be constructed with a non-reflective material including shingles, woodshake, asphalt composite, architectural shingles, and other similar roofing material that is nbt reflective, glossy, or polished and/or rolled formed type metal roofing. 19. Residential structures shall have an exterior siding of brick, stucco, wood, metal, concrete, or other eimilar material other than the reflective glossy, polished and/or rolled-formed type metal siding. 20. All front yard setbacks must be measured from inside the street dedications. 21. Prior to obtaining a building permit, the design of the exterior elevation of the building must be approved by the Director of Community Development or his/her designee. 22. All building elevations shall be architecturally treated in a consistent manner, including the incorporation within the side and rear building elevationa of same or all of the design elements used foi the primary (front) facades. 23. That the applicant submit elevation drawings to the Planning Divieion showing the exterior building deaign; including the specification of colors, and materials. 24. All security fences, grills, etc. ehall be architecturally compatible with the design of the subject and�adjacent building. in addition, no security fences, grills, etc. shall be installed without the prior written approval of the Director of Community Development. 25. Air conditioners, heating, cooling ventilation equipment, swimminq pool pumps and heatere and all other mechanical devices shall be located within the rear yard or street. Such equipment shall be screened from surrounding properties and streeta and so operated that they do not dieturb the peace, quiet and comfort of neighboring residents, in accordance with tha City�e Noise Ordinance. 26. The existing property shall be cleaned and maintained in eanitary condition pending construction and shall be maintained in a neat and orderly manner at all times. Failure to comply may result in revocation of the Conditional Use Permit. disk94:reso2G17 3 1 �� ' 27. If applicable, the facade of the existing structure shall be improved to the satisfaction of etaff with an additional material to window level which relatea to the facade of the new construction. Staff's determination ia reviewable if necessary by the Planning Commiseion. 28. A cover sheet of approved conditions must be attached to plans prior to submission to the Building and,Safety Diviaion. 29. Entity will maintain a pro-active approach to the elimination of graffiti from the structuree, fencee and an accessory building, on a daily basis. 30. For the purpose of providing heatinq for any dwelling proposed, only an energy efficient forced air furnace shall be used, and that the use of any wall furnace shall be expressly prohibited. PUBLIC WORKS ENGINEERING DEPARTMENT 31. Provide documentation that lote compoeing the property were legally separated to tthe satiefaction of the Department of Public works. After reviewing the documents, the Department of Public Works may require the eubmission and recordation of a parcel map. 32. Provide an irrevocable offfer of dedication for five (5) foot wide strip of property along Elizabeth Avenue. 33. Submit a grading plan prepared and signed by a regiatered Civil engineer. 34. Reconstruct gutter along Elizabeth Avenue. 35. Construct two (2) wheelchair ramp(s) at North-West and South-West cornere of Elizabeth avenue California Street. 36. Connect to public sewer. each building shall be connected : separately. Construct laterals as necessary. 37. Install two (2) 24" box street trees per City of Lynwood standards along Elizabeth avenue. 38. Provide and install one (1) marbelite street pole with light fixture, underground services and conduits. � 39. Underground all utilities. 40. A permit from the Engineering Division is required for all off-site improvements. 41. All required water meters, meter service changes and/or fire protection linea shall be inetalled by the developer. The work ehall be performed by a licensed (C-34) contractor hired by the developer. The contractor must obtain a permit from the Public Works/E�igineering Diviaion prior to performing any work. disk94:reeo2417� - 4 i�. ;, FIRE DEPARTMENT 42. If security bars are placed on bedroom windows, at least one window for each bedroom shall have quick release mechanisme that does not require a key or any special knowledge. U.B.C. Sec. 1204. 43. Provide smoke detectors, (U.L. and State Fire Marshal approve type.) Section 3. A copy of this resolution shall be delivered to the applicant. APPROVED AND ADOPTED this 14th day of January, 1992, by members of the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: John K. Haynes, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Kenrick Karefa-Johnson, Director Ken Fong , Community Development Department Deputy City Attorney- di sk94: resd417 5 nu��rvn 11 LIYI IYV. � '�'* - � CAS� NQ. �P l�'L :� .�� DATE: January 14, 1992 TO: PLANNING COMMISSION FROM: Kenrick Karefa-Johnson, Director Community Development Department SUBJECT: Conditional Use Permit Case No. 102 Applicant: Arjel Lebovits � Pr000sal• The applicant is requesting a Conditional Use Permit to develop and operate an automobile tire shop with sales at 12327 Long Beach Boulevard in the C-3 (Heavy Commercial) zone. This item was continued from the December 10, 1991 meeting. On December 17, 1991 the City Council adopted a Moratorium prohibiting new development of automobile related land uses. The proposed land use is restricted by the Moratorium Ordinance; however the applicant submitted the Conditional Use Permit application on November 14, 1991 which was processed by staff well before the ' adoption of the Ordinance. acts: ' 1. Source of Authoritv ' Section 25-16.15 of the Lynwood Municipal Code requires that a Conditional Use Permit be obtained in order to operate any � business with respect to automobile uses. 2. Prooertv Location The subject property consists of a single reguTar shaped lot on the west side of Long Beach Blvd. between Carlin Avenue and Burton Avenue (See attached Location Map). 3. Property Si2e The subject property is approximately 12,870 square feet in size. 4. Existina Land Use The subject site is flat and contains two (2) existing structures. The surrounding land uses are as follows: North-Commercial East-Commercial South-Commercial/Residential West-Residential 5. Land Use Descriotion General Plan: Zonina: North- Commercial North- C-3 South- Commercial South- C-3 East- .Commercial East- C-3 , West= Residential West- R-2 disk67:cup102 � - 1 1 �7. � 6. Proiect Characteristics: The applicant proposes to renovate two existing buildings. The first, a 572 square foot building, and the second a 600 square foot building. The buildings will contain a display area, sales area, an office, a restroom area, and a tire shop and service area. The proposal calls for five (5) parking spaces (including one handicap space), and seven (7�) percent , landscaping. 7. Site Plan Review At its regular meeting on December 17, 1991 the Site Plan Review Committee evaluated the proposed development and recommended approval to the Planning Commission subject to conditions and requirements. - 8. Zonina Enforcement History None of record. 9. Public Response None of record at the time this report was prepared. ANALYSIS AND CONCLUSION: , 1. Consistencv with General Plan The proposed land use is consistent with the existing zoning classification (C-3) Heavy Commercial and General Plan designation of Commercial. Therefore, granting Conditional Use Permit No. 102 will not adversely affect the General Plan. 2. Site Suitabilitv The property is adequate in size and shape to accommodate the proposed development relative to structures, parkinq, walls, fences, landscaping, driveways and other development features required by the Zoning Ordinance. 3. Comoatibility The proposed development is surrounded by �a . mixture of commercial developments; therefore, the project will be compatible with the surrounding land uses. However, residential uses are to the north of the proposed use. 4. Comoliance with Develonment Standards The proposal meets the development standards required by the Zoning Ordinance with respect to setbacks; lot coverage; building height and density. 5. Conditions of Approval The improvements as proposed, subject to the conditions recommended by the Site Plan Review Committee, will not have a negative effect on the values of the surrounding properties or interfere with or endanger the public health, safety or welfare. 6. Benefits to Communitv The proposal will assist in upgrading the commercial use of the property and support the Commercial intent of the General Plan. disk67: cup102 2 �, . � 7. Environmental Assessment , The Community Development Department Staff has determined that the project is Categorically Exempt pursuant to Section 15061 b(3) of the State of California Environmental Quality , Act of 1989 as amended. RECOMMENDATION• Staff respectfully requests that after consideration the Planning Commission adopt the attached Resolution No. 2415 1. Certifying that project is categorically exempt from the provisions of the State CEQA Guidelines as amended by Section 15061b(3). 2. Approving Conditional Use Permit No. 102, subject to the stated conditions and requirements. �- , i i; � � , � % - Prepare by: "-,�' . Reviewed by: i �. ` ,btt�u ATTACHMENTS• 1. Location Map 2. Resolution No. 2415 3. Site Plan � diskb7:cup102 3 . ,....�.�.... . � � � � , ,.. f . � , . � � , . � LOCATION MAP . I ' Ji • /•• '��N . I� r �� 00 .. M � �� N ` M, . . . '�re � l� � ,'� ; •p �` � Bt1RTON . .o p; •p , , y • . / � ' .�. �`�/ �y � R ru . yr � ��L a : • iOfE � . . /! � ' '�Yi , .y�.a . 'PJ ' � 1 � � y�/� 'a A . � � �/ � l J �v , ios9 � � y ��e M ti H� � �y !p . � i � p '� � i $ /N �`�. +/ ��s b n l, { `74 ' • , 'r� �: . . 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' `�``'' , i� � . s ' , �.: ; . , �a�.�lT'�= , �1 . , f � � � RESOLUTION NO. 2415 I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 102 FOR THE DEVELOPMENT AND OPERATION OF AN AUTO TIRE SHOP WITH SALES IN THE C-3 (HEAVY COMMERCIAL) , ZONE, AT 12327, LONG BEACH BOULEVARD, LYNWOOD, CALIFORNIA. WHEREAS, the Planninq Commission of the City of Lynwood pursuant to law, conducted a public hearing on the subject application; and WHEREAS, the Planning Commission has carefully considered all pertinent testimony oPfered at the public hearing; and WHEREAS, the Community Development Director has determined that the proposal is exempt from the provisions of the State CEQA ' Guidelines Section b(3) as amended; and WHEREAS, the project is consistent with the intent of the General Plan in that the subject site is classified C-3 (Heavy Commercial); Section 1. The Planning Commission hereby finds and determines as follows: A. That the granting of the proposed Conditional Use Permit will not adversely affect the General Plan. B. That the proposed location of the Conditional Use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located. C. That the proposed location of the Conditional Use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; D. That the proposed Conditional Use Permit will comply with each of the applicable provisions of the Zoning ordinance as stated in the conditions below; Section 2. The Planning Commission of the City of Lynwood approves the proposed project subject to the following conditions: � f:resolutNreso2415 l COMMUNITY DEVELOPMENT 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, the Uniform Building Code and the Uniform Fire Code. 2. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Community Development Department, Planning Division, for review. 3. The applicant, or his representative, shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to the conditions stated herein before any building permits are issued. PLANNING DIVISION 4. This permit shall become void one hundred twenty (120) days, unless extended, after the use permitted has been abandoned or has ceased to be actively exercised. 5'. The applicant shall contact the U.S. Post Office (Lynwood • main office) to establish the location of mail boxes serving the proposed development. 6. All work shall be conducted entirely within an enclosed building. 7. Daily operating hours shall be from 7:00 a.m., to 9:00 p.m. 8. Reflect artificial light away from adjoining properties. 9. No damaged or wrecked vehicles shall be stored on site. No portion of the site shall be used for storage unless it is auto tire repair and sales related activity. 10. On-site traffic circulation and parking should be developed in such a manner that ingress and egress accesses are separated or channeled so that conflicting traffic movements are minimized. 11. Open storage of materials, products and equipment shall be completely concealed from view of vehicular and pedestrian traffic by an architectural barrier approved by the Community Development Department Director or his/her designee. 12. The property shall be used solely for automobile tire repair sales and emergency service per plans submitted. 13. All signage must be reviewed and approved by the Planning, Building and Redevelopment Divisions. 14: All necessary permits and licenses shall be obtained prior to operation. Landscapina 15. No less than 7� of the total site, excluding lot area dedicated to public right-of-way, shall be landscaped. The landscaping plans shall be approved by the Community Development Director prior to installation. disk67:con2415 1 . t 16. The applicant is required to submit a landscape plan drawn by a licensed landscape architect to the satisfaction of the Director of Community Development prior to any building permit being issued. 17. All Planting shall be beds of a minimum width of five feet (5') except where landscape area accommodates driveway curves, and a minimum area throughout the parking area. In addition, all parking aisles shall have planter areas at each end. 18. The minimum plant material shall be trees and shrubs combined with ground cover as follows: One(1) five (5) gallon shrub for each twenty (20) square feet of planter area; two (2) fifteen (15) gallon trees for each ten (10) parking spaces: 19. All planter area fronting perimeter walls must be landscaped with shrubs and or crawling ground cover plants that have the ability to grow and screen the face of the wall from view and accessibility from graffiti artists. 20. All landscaping shall be permanently maintained. Lawn and ground covers are to be trimmed or mowed regularly, with all planted area kept free of weeds and debris. All plantings are to be kept in a healthy and growing condition. An automatic sprinkler or irrigation system shall be provided and maintained in working condition. ' 21. Where vehicles are to be parked immediately adjacent to a , public or private street or alley, a decorative masonry wall '� , a maximum of thirty-six inches in height measured from the finished surface of the parking area, and/or bermed, shrub and groundcover lot from street view shall be provided. If a i, wall is provided, there must be minimum landscaping to screen wall from street view and accessibility. . 22. Prior to the installation or construction of any fence or � masonry wall within any zone, the property owner shall obtain a permit and submit the following information to the Planning Division of the Community Development Department. a. A simple plot plan showing the location of fence or masonry wall in relation to the property lines, heights, proposed materials, and openings or gates to provide access for vehicles and pedestrians. b. For masonry walls a building permit shall be applied for upon approval of the plot plan described above. All masonry walls of any height shall meet the requirements for masonry construction as defined in Chapter 24 of the Uniform Building Code. A fee based on the valuation of the proposed construction shall be paid to the Building Division. 25. All fences or masonry walls shall be required to maintain adequate pedestrian access for the purpose of safety and convenience. A thirty-six (36) inch or three foot clear gate or opening shall be provided to all enclosures for pedestrian and wheelchair access. Pedestrian and vehicular access shall be provided. 26. All fences or masonry walls shall be required to be installed with a finished, aesthetically pleasing side facing out toward adjacent properties or the public right-of-way to the satisfaction of the Community Development Director or his/her designee. � disk67:con2415 2 f ^ . ' 0 : 1 �. � � _ � �� ,-� , 27. A decorative wall shall be erected between the subject site and the adjacent residential areas. The wall shall be a minimum of six (6') feet in height. 28. Their shall be a minimum of eight (6) parking spaces. I Each off-street parking space shall not be less than twenty (20) feet in length and nine (9) feet in width, exclusive of access driveways or aisles, except as noted below: 29. A parking space designed for the handicapped shall be provided. This space may be provided as follows: a. Dimensions. The minimum dimensions of each automobile parking stall for the handicapped shall be not less than fourteen (1,4) feet in width by eighteen (18) feet in length. Said stalls shall be lined to provide a nine (9) foot parking area and a five (5) loading and unloading area or; ,j b. Two (2) spaces may be provided within a twenty-three (23) foot wide area, lined to provide a nine (9) foot parking area�on�each side of a five (5) foot loading and unloading area�. The minimum length of each parking space shall be eighteen (18) feet. c. Location. All parking spaces for the handicapped shall be located adjacent to the main entrance of the facility for which the spaces are provided. The parking spaces shall be positioned so that the handicapped persons shall not be , required to walk or wheel behind parked vehicles'. � �� 30. The parking arrangement for the subject site shall have a circular flow arrangement without dead-end aisles when possible. � 31i The applicant shall submit elevation drawings to the Planning Division showing the exterior building design; including the specification of colors, and materials. Prior to the � ;.issuance of building permits, the design of the subject � building including color and materials, must obtain approval � : by the Community Development Director or his/her designee. � 32: Prior to the installation, display, enlarging, modifying � relocating or changing of signs, a,permit must be obtained �from�the Department of Community, DeveLopment, Planning Division. . ; � 33. All security fences, grills, etc. shall be�architecturally � compatible with the design of the subject and adjacent buildings. In addition, no security fences, grills, etc. shall be installed without the prior written approval of the Director of Community Development and required.building j permits. i , ;� 34. The existing prope=ty shall be cleaned and�maintained in a sani'tary condition pending construction and shall be } maintained in a neat and orderly manner at 'all times. Failure to comply�may result in revocation oi the Conditional Use Permit. ' 4 � 35. A cover sheet of approved Conditions must atta'ched to � � plans prior to.s,ubmission to the Build•ing and Safety ' Division: � I . . , disk67:con24'IS � ' - � � i ; � �' i 3 I I , � I ; _ i : . , `i . : � � 36. 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. ; f PUBLIC WORKS DIVISION' � 1. Submit a drainage plan. i � 2. Reconstruct damaged sidewalk along: Long Beach Boulevard. I 3. Developer has to open an escrow. I { FIRE DEPARTMENT � � NO COMMENTS 1 � Section 3. A copy of Resolution 2415 shall be delivered to the applicant. � , APPROVED AND ADOPTED this 14th day of January, 1992, by,? ' members of the Planning Commission voting as follows: , � { , i AYES: I NOES: � �' . ' ABSENT: ' � � ABSTAIN: John K. Haynes, Chairperson � � � l ; I� APPROVED AS TO CONTENT: APPROVED AS TO FORM: { ' 4 Kenrick Karefa Johnson Ken Fong I� Director Community Development Deputy City Attorney ; � Dept. i � � I I 1 1 I I � I , disk67:con2415 - � j F j � + 4 i . , I , , . , .