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HomeMy Public PortalAboutA 1989-05-09 PLANNING COMMISSION � �� ' U ; ` i A G E N D A ,,? LYNWOOD CITY PL:�u�iNING COMMISSION { REGULAR MEETING - 7:30 P.M. � City Hall Council Chambers • ;, 11330 Bullis Road, Lynwood, CA. ' � �� t;z +� � May 9, 1989 �` �C������ I �CITY OF LYNWn�� CI"fY CLERKS OFF�CE g MAY �`� . . A � PM Donald A. Dove q�g Chairperson � � � ��1� Lena Cole-Dennis Commissioner John K. Haynes Roy Pryor Commissioner Commissioner ; Lucille Kanka David J. Willis, Jr. Commissioner Commissioner , C O,M M I S S I O N C O U N S E L: Henry S. Barbosa Douglas D. Barnes City Attorney Deputy City Attorney STAFF: Vicente L. Mas, DirectoY Art Barfield Community Development Department Planning Associate Aubrey D. Fenderson Andrew B-Pessima Planning Manager Planning Technician DISK 47:AGENCOVR I , � � . 1 � _ ��.. �. "day 9, 1989 OPENING CEREMONIES A. Call meeting to order. B. Flag Salute. C. Roll Call of Commissioners. D. Certification of Agenda posting. E. Approval of Minutes of March 14, 1989 and April 11, 1989 Planning Commission meetings. F. Swearing in of New Commissioners. G. Reorgani2ation of Planning Commission CONTINUED PUBLIC HEARING: 1. Conditional Use Permit Case No. 2 � 11300 Spruce Street (Lynwood Unified School District) Comment The applicant is requesting a Conditional Use Permit to construct a two-story Administrative Office Building in the � R-2 Zone. Recommended Action Staff respectfully requests that after consideration, the Planninq Commission adopt Resolution No. 2256. A. Finding that Conditional Use Permit Case No. 2 carries out the intent of Ordinance No. 1318. B. Finding that the Conditional Use Permit No. 2, will not have a significant effect on the environment and certifying the Negative Declaration as adequate. C. Approving Conditional Use Permit No. 2, subject to the stated conditions and requirements. 2. Variance Case No. 2 10971 San Vicente Avenue (Ceneyda Reyes) ' Comment The applicant is requesting a Variance in order to provide only three (3) attached one-car garages to serve three residential units in the R-3 zone. ' Recommended Action: Staff respectfully requests, that after consideration, the Planning Commission continue this item to the next regular � meeting of the Planning Commission on June 13, 1989. DISK 7:AGENDA ' 1 •3. Zoning Ordinance Amendment Case No. 2 � City Wide ; Comments• � The Staff is proposing to Amend Chapter 25, the official Zoning Ordinance with respect to property maintenance . standards city wide. Recommended Action: Staff respectfully requests, that, after consideration, the Planning Commission continue Zoninq Ordinance Amendment Case No. 2 to the next regular meeting of the Planning Commission on June 13, 1989. NEW PUBLIC HEARINGS �4. Conditional Use Permit Case No. 9 ' 11265 Louise Avenue (Joseph Chang) Comment The applicant is requesting a Conditional Use Permit to develop a five unit apartment complex in the R-3 zone. Recommended Action Staff respectfully requests, that after consideration, the Planning Commission A. Adopt the attached Resolution No. 2271 with the conditions to 1) Develop three (3), three (3) bedroom units, and two (2), two (2) bedroom units; and 2) provide more useable open space. 1. The project is categorically exempt from the provisions of the State CEQA Guidelines as amended by Section 15061b (3). 2. Approving Conditional Use Permit, Case No. 9 subject to the stated conditions and requirements. OR B. Deny Conditional Use Permit, Case No. 9, as proposed by the applicant 5. Conditional Use Permit Case No. 11 3287 Lynwood Road (Estela Mayans) Comment The applicant is requesting a Conditional Use Permit to develop an 18 unit apartment complex in the R-3�zone. Recommended Action Staff respectfully requests, that the Planning Commission remove this item from the Agenda because of an inconsistent desiqnation and zoning classification of the General Plan and Zoning Map. , � DISK 7:AGENDA 2 I I — ,i, a 6. Conditional Use Permit Case No. 12 11670 Virginia Avenue (Sergio Lopez) Conunent The applicant is requesting a Conditional Use Permit to develop two two-story townhouses in the R-2 zone. Recommended Action Staff respectfully request that this item be removed from the agenda until such time that the applicant decides to go ahead with the proposed project. 7. Tentative Parcel Map No. 21029 Northwestern corner of Long Beach Boulevard at Cedar Avenue (Robert Terrell) Comment The applicant is requesting approval of a Tentative Parcel Map (No. 21029) for the consolidation of three parcels located at 12102 Long Beach Boulevard, in the C-2A zone. Recommended Action Staff respectfully requests that, after consideration, the Planning Commission adopt Resolution No. 2274 P:. The project is categorically exempt from the provisions of the State CEQA Guidelines as amended by Section 15061b(3). B. Approving Tentative Parcel Map No. 4, subject to the stated conditions and requirements. REGULAR ORDER OF BUSINESS STAFF COMMENTS Update on General Plan revision. COMMISSION ORALS PUBLIC ORALS ADJOURNMENT Adjourn to the next regular meeting of the Planning Commission on June 13, 1989, at 7:30 p.m., in the City Hall Chambers, 11330 Bullis Road, Lynwood, California. ` I DISK 7:AGENDA I � 3 I � f ' r MINUTES OF A REGULAR MEETING � PLANNING COMMISSION � _ . ._. . �,.ri'_ �•. _..__:;��.,:���, i.:Al,ir�u.:iviw TUESDAY, MARCH 14, 1989 OPENING CEREMONIES A. Call to order The regular meeting of the Planning Commission of the City of Lynwood was called to order by Chairperson Dove on the above captioned date at 7:30 p.m., in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood, California 90262. B. Pledge of Allegiance Commissioner Willis led the Pledge of Allegiance. C. Roll Call of Commissioners Chairperson Dove requested the roll call, and Planning Division Fenderson complied. Present: Commissioner ponald A. Dove Commissioner Lena Cole-Dennis Commissioner Alberto M. Penalber Commissioner David J. Willis, Jr. Mr. Fenderson informed the Commissioners that Commissioner Kanka had requested an excused absence, Commissioner Haynes had reguested an excused absence because of an operation on his foot, and Commissioner Pryor requested an excused absence because he is out of town. MOTION by Commissioner Penabler, SECONDED by Commissioner Willis, to grant all three Commissioner an excused absence. MOTION carried unanimously. Also present: Douglas Barnes, Deputy City Attorney Aubrey Fenderson, Planning Manager Arthur Barfield, Planning Associate Andrew B-Pessima, Planning Technician Vicente L. Mas, Community Development Director John Oskoui, Civil Engineering Assistant Joy Valentine, Minutes Clerk Approximately twenty-five people were in the audience. D. Certification of Agenda Posting Mr. Fenderson stated that, per the Brown Act, the agenda had been duly posted. E. Approval of Minutes MOTION by Commissioner Penabler, SECONDED by Commissioner Willis, to approve the minutes of January 10, 1989. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Penabler, Willis NOES: None ABSENT: Commissioners Haynes, Kanka, Pryor ABSTAIN: None Disk 5: PCO31989 1 _ J I MOTION by Commissioner Penalber, SECONDED by Commissioner Willis, to approve.the minutes of February 14, 1989. � MOTION carried by the followina vote: AYES: Commissioners Cole-Dennis, Dove, Penabler, Willis NOES: None � ABSENT: Commissioners Haynes, Kanka, Pryor ABSTAIN: None CONTINUED PUBLIC HEARINGS: 1. Sign Ordinance Amendment - Case No. 88100 Citywide Staff proposes to amend Chapter 25, the official Zoning and Sign Ordinance, to control construction of free standing pole signs Citywide. This matter was continued from the February 14, 1989, Plarming Cmmnission meeting to allow staff more time for evaluation. At the December 20, 1988, meeting of the City Council, an urgency ordinance establishing a moratorium on the construction, erection.and.installation of free standing signs was adopted. Chairperson Dove discussed the City of South Gate's design requirements as indicated on the survey page. Mr. Fenderson reminded the Commissioners of a previous case involving World Savings and Loan and McDonald's. Mr. Fenderson stated that on premises freestandinq signs would be illegal per this ordinance. Chairperson Dove opened the Public Hearing. There being no one wishing to speak in favor or in opposition to the proposed ordinance amendment, Chairperson Dove closed the Public Hearing. Commissioner Cole-Dennis complimented staff on their report and stated her approval. Chairperson Dove also stated his approval. MOTION made by Coimnissioner Cole-Dennis to adopt Resolution No. 2254, finding that Sign Ordinance Amendment, Case No. SS100, will not have a significant effect on the environment, certifying the Negative Declaration as adequate, recommending that the City Council approve the findings in Resolution No. 2254, waive the reading and introduce the proposed ordinance, SECONDED by Commissioner Willis. MOTZON carried 37y the following vote: AYES: Cortvnissioners.Cole-Dennis, Dove, Penalber, Willis NOES: None ABSENT: Convnissioners Haynes, Kanka, Pryor ABSTAIN: None 2. Zoning Ordinance Amendment Case No. 1 Citywide Staff proposes to amend Chapter 25, the official Zoning Ordinance, with respeci to parking standards Citywide. Disk S:PCO31489 2 Mr. Fenderson requested that this case be continued to the ' next regularly scheduled meeting to the Planning Commission on � April 11, 1989, because staff has not come to a final draft. � MOTION by Commissioner Penabler,SECONDED by Commissioner Cole- ...., ,_, „ Dennis, to continue Zoning Oru.i..a-' :::. .. .;:r3s4'.'::�� �.-- ..-:, to the next regularly scheduled meeting of the Planning Commission on April 11, 1989. MOTION carried by the following vote: AYES: Cammissioners Cole-Dennis, Dove, Penalber, Willis NOES: None ABSENT: Commissioners Haynes, Kanka, Pryor ABSTAIN: None 3. Zoning Ordinance Amendment Case No. 2 Regulating Property Maintence Citywide Staff proposes to amend Chapter 25, the official Zoning and Ordinance, with respect to Nuisance and Property Maintenance Citywide. Mr. Fenderson requested that Zoning Ordinance Amendment Case No. 2 be continued to the next regularly scheduled meeting of the Planning Commission on April 11, 1989, SECONDED by Commissioner Cole-Dennis. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Penalber, Willis " NOES: None ABSENT: Commissioners Aaynes, Kanka, Pryor ABSTAIN: None 4. Modification to Conditional Use Permit - Case No. 85075 (CUP 1) 11331 Wright Road, Lynwood (Jose L. Lopez) Applicant requests approval of a modification to Conditional Use Permit No. 85075 in order to build an additional one-story two-bedroom unit in the R-3 zone at above address. Applicant has not resubmitted another plan to address the problems discussed previously with staff and the Commissioners. Therefore, staff requests that this item be continued to the Planning Commission's regularly scheduled meeting of April 11, 1989. MOTION by Commissioner Penabler, SECONDED by Commissioner Willis, to continue Modification to Conditional Use Permit - Case No. 85075, to the Planning Commission's regularly scheduled meeting of April 11, 1989. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Penalber, Willis NOES: None ABSENT: Commissioners Haynes, Kanka, Pryor ABSTAIN: None Disk S:PCO31489 3 5. Conditional Use Permit - Case No. 5 11004 Harris Avenue, Lynwood (Sergio Lopez) Applicant requests approval t� buiad f�t.r ^i!?�_ _ the R-3 zone. Two parties, the applicant and an alleged new owner, both - claim ownership of the property. Neither has proven his case to satisfaction of staff so the applicant, Mr. Sergio Lopez, has requested that Conditional Use Permit - Case No. 5 be continued to the Planning Commission's next regularly scheduled meeting on April 11, 1989. MOTION by Commissioner Penalber, SECONDED by Commissioner Cole-Dennis, to continue Conditional Use Permit - Case No. 5 to the Planning Commission's next regularly scheduled meeting on April, 1989. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Penalber, Willis NOES: None ABSENT: Commissioners Haynes, Kanka, Pryor ABSTAIN: None At this point, staff requested that the Commissioners hear Agenda Item No. 8 because citizens involved in that case work evenings and will have to leave soon. 6. Conditional Use Permit - Case No. 8 10404 Long Beach Boulevard (Yi Chin Su) Mr. B-Pessima noted that the population of the City of Lynwood is 54,000 and at this time 97 liquor licenses have been issued. This averages to 18 liquor stores in every square mile of Lynwood. It is the opinion of staff that granting this CUP will adversely affect the community. The Site Plan Review Committee recommended that the Planning Commission deny the permit. Mr. B- Pessima also noted that presently there are twelve establishments in the general area of the subject site selling liquor. He distributed a letter of appeal received from the applicant to the Commissioners. � Vice=Chairperson Dove opened the Public Hearing and Rod Archer representative of CLR Enterprises, Inc. 3540 Wilshire Boulevard, Suite 603, Los Angeles, California, 90010, rose to speak in favor of the project for his client, Mr. Yi. Mr. Archer stated that Mr. Yi had been in business in that same spot for six years without a single problem. Mr. Yi was forced to surrender use of his beer and wine license in August 1987, because the owner of the property decided to redevelop the site. Mr. Yi fully intended to reopen his market upon completion of the redevelopment, but the developer did nothing to protect the C.U.P. Mr. Archer, stated that extremely extenuating circumstances surround this application, which should be dealt with equitably and fairly. Mr. Yi should have had his license grandfathered into the redevelopment by the developer, but somehow, perhaps due to language barriers, this was not done. Mr. Archer reiterated that this is not a new license. Disk S:PCO31489 4 An extensive discussion ensued. Mr. Mas stated that when physical surroundings are changed, a new �.U-�. m�ast be obtained. Mr. Fenderson stated that existinq City policy is to eliminate stores selling liquor when possible because of the present proliferation of stores selling liqour within City limits. Mr. Archer insisted that the issuance of a C.U.P. is a discretionary action and this particular case requires equity and fairness. Chairperson Dove asked if there aren't special arrangements for malls. Mr. Mas replied yes, but only in malls of five acres or more. Mrs. Suzie Woo, 831 Fifth Avenue, Los Angeles, rose to state that this is her brother's business and she worked there previously. Mr. Yi lived in front of the store and kept constant watch over it, he cleaned graffiti and maintained lower prices. His only problem was language, she stated. Delbert Robertson, 3202 Tenaya, Lynwood, stated he is a property owner since 1973 and there were no problems of any kind during the six years Mr. Yi operated the market. Esau Morales, 3275 Tenaya, Lynwood, stated Mr. Yi was a good market operator who kept everything clean. Westa Morales, 3275 Tenaya, Lynwood, stated Mr. Yi had a clean market with no problems. There being no one else wishing to speak in favor of the proposal, Vice-Chairperson Dove asked if anyone wished to speak against the proposal. Jane Semone, 3153 Sequoia Street, on the South Gate/Lynwood border, stated she lived in the neighborhood for 23 years and conditions have changed since there was only a market at that location. Now there is a hamburger stand, a laundromat, and other facilities. Beer and wine sales will cause problems at those adjoining businesses, she stated. Mr. Archer returned to the podium to restate essentially what he had said before. There being no one else wishing to speak, Vice-Chairperson Dove closed the Public Hearing. Mr. Mas stated that Mr. Yi had to surrender his license because he had no place of business. Mr. Archer restated that Mr. Yi had surrendered his license voluntarily because he intended to reopen his market when the remodeling was finished. Commissioner Penalber stated he couldn't understand why Mr. Yi didn't check into this matter before he signed a lease. Mr. Fenderson stated he couldn't understand why Mr. Yi wasn't as diligent with the City of Lynwood as he was with the ABC District. Mr. Archer said it is unfair to speculate on why Mr. Yi didn't come to the City, the important thing is that he surrendered his license with the intent of reopeninq. He simply didn't understand that he would have to do anything other than reapply with the ABC District. Disk S:PCO31489 5 Chairperson Dove stated that this is not an easy case for ' him to decide one way or another since he can see both the hardship for Mr. Yi and yet he wants to stop proliferation of business selling liquor. Commissioner Penalber stated that he is in the same position. Vice- Chairperson Dove asked staff if Mr. Yi could use the ' license in another location and Mr. Mas replied in the affirmative. Commissioner Willis stated that his contituency is opposed to proliferation of businesses selling liquor and besides, it is contrary to City policy to be in conflict with zoning rules. Commissioner Cole-Dennis asked staff if ABC contacts the City when someone surrenders a license and Mr. Fenderson replied in the negative. Mr. Archer came to the podium to restate his case one more time, this time adding that staff should have informed both the applicant and the developer what the procedures are. Commissioner Willis stated . it was the developer's responsibility to see that the C.U.P. was protected. Mr. Fenderson agreed, stating that the developer did not follow through on his responsibilities. Mr. Barnes stated that the issue is not who should have done what, the issue is that the City is against proliferation of liquor stores. He added that Mr. Archer has not claimed that Mr. Yi will suffer great hardship and also has not explained why Mr. Yi will suffer great hardship and also has not explained why Mr. Yi delayed in requesting the C.U.P. Commissioner Willis asked Mr. Archer if Mr. Yi would suffer great hardship because the bulk of his sales are beer and wine sales. Mr. Archer replied that the bulk of Mr. Yi sales are not beer and wine, but that community members support the market as shown by the people present at the meeting. MOTION by Commissioner Penabler, SECONDED by Commissioner Willis, to deny the request for Conditional Use Permit - Case No. 8, finding that the C.U.P. request falls short of Ordinance No. 1306 and denying the C.U.P. as it will adversely affect the City's General Plan. MOTZON carried by the following vote: AYES: Commissioners Dove, Penalber, Willis NOES: Commissioner Cole-Dennis ABSENT: Commissioners Aaynes, Kanka, Pryor ABSTAIN: None Chairperson Dove told Mr. Archer that he can appeal the decision of the Planning Commission to the City Council. The Commissioners took a two-minute break, after which Commissioners and staff returned. 7. Conditional Use Permit - Case No. 6 3620 Carlin Avenue (Emigdio Carillio) Applicant requests approval to develop a two-story, four- bedroom house in the R-2 zone, presently developed with one single-family residence and an attached single-car garage. Also on site is a mobile home trailer. Disk 5:PCO31489 6 • Chairperson Dove opened the Public Hearing. Emigdio Carillio, 9420 S. Madison Avenue, South Gate, 90280, rose to speak but, since he spoke only Spanish, Mr. Mas acted as interpreter. He accepted all conditions required for . approval. Rosa Rios, 3620 Carlin Avenue, owner of the property, rose to state she doesn't want to have to plant trees because there is a school nearby and it might be dangerous. John Oskoui stated it will safe; an inspector will go onsite and if there is any danger at that time, the trees will be eliminated. There being no one else wishing to speak for the proposal, Chairperson Dove asked if anyone wished to speak against the proposal. Irene Weatherbee, who lives at 2317 w. Carlin and owns the property at 124-25 Bullis Road, rose to state that this property is adjacent to hers. It is a nice, quiet neighborhood with no two-story buildings. If the applicant is permitted to build a two-story building, her view will be blocked from the bathroom and the bedroom. The new owners removed their trees and tore down the chain link fence that divided the two properties. Their dogs run all over her property although the new owners have now erected an eight (8) foot wooden fence that was not erected properly. Mr. Mas stated that one condition of approval is a 6' masonry wall fence so the wooden fence would have to come down anyway. Mrs. weatherbee again stated her objections to the two-story building, the absence of the chain link fence, the dogs and the trailer. Mr. Barfield stated the trailer will be removed, this has been agreed between staff and the owner. Mr. Mas stated the trailer is a Code Enforcement violation and a Code Enforcement officer will be onsite tomorrow. Mrs. Weatherbee stated she has seen three different dogs, both their barking and their messes are offensive. She said the two-story.building will cut off all breezes. Mr. Barfield stated that there is an existing two-story building across the street at the Bullis/Carlin intersection. Mrs. Weatherbee replied that there is an alleyway next to that building, not a home. The applicant returned to the podium to state that there was a female doq who had puppies are all gone now and there is only one doq, about 2-foot high, who stays inside the existing front house. When the bushes and trees were removed, she stated, "the chain link fence came with them," and she plans to build a masonry fence. Cotm[iissioner Cole-Dennis asked if she planned to live in the new four-bedroom house and the applicant replied in the affirmative. There being no one else wishing to speak for or against the proposal, Vice-Chairperson Dove closed the Public Hearing. Disk S:PCO31489 7 , Chairperson Dove discussed Item Nos. 11, 14, 15 and 18 �w,f_�;>�_aft snd stated he doesn't see a view problem. MOTION by Commissioner Penabler, SECONDED by Commissioner Col'e-Dennis, to adopt Resolution No. 2260, "A RESOLUTION OF THE PLANNING COMMISSIQN OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 6 TO CONSTRUCT ONE FOUR-BEDROOM, TWO-STORY RESIDENTIAL UNIT IN THE R-2 20NE, 3620 CARLIN AVENUE, LYNWOOD, CALIFORNIA, 90262," finding the project to be categorically exempt from the State CEQA Guidelines as amended by Section 15061 b(3) and approving C.U.P. No. 6 subject to the stated conditions and requirements. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Penalber, Willis NOES: None ABSENT: Commissioners Haynes, Kanka, Pryor ABSTAIN: None 8. Conditional Use Permit - Case No. 7 3592 Los Flores Boulevard (Marcos and Guadalupe Arellano) Applicant requests approval to develop a two-story, two- bedr000m detached dwelling unit in the R-3 zone. Chairperson Dove opened the Public Hearing and William Flores, 2513-1/2 California Avenue, Huntington Park, rose to state the request was for a three-bedroom unit not a two-bedroom unit. He stated that the owner accepted all conditions. There being no one else wishing to speak either for or against the proposal, Chairperson Dove closed the Public Hearing. There was a short discussion between Mr. Barnes, Mr. Barfield, Chairperson Dove and Mr. Flores concerning the front treatment of the existing building and it was agreed by all that Condition No. 15A requiring that the front of the present house will be made to complement the front of the new house, will be added to the required conditions. MOTION by Commissioner Cole-Dennis, SECONDED by Commissioner Penabler, to adopt Resolution No. 2266, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 7 TO CONSTRUCT A THREE-BEDROOM, TWO-STORY RESIDENTIAL UNIT IN THE r-3 RESIDENTIAL ZONE, AT 3592 LOS FLORES BOULEVARD, LYNWOOD, CALIFORNIA, 90262," finding that the project is categorically exempt from the provisions of the State CEQA Guidelines as amended by Section 15061 b(3) and approving C.U.P. No. 7 subject to the stated conditions and requirements. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Penabler, Willis NOES: None ABSENT: Commissioners Haynes, Kanka, Pryor ABSTAIN: None Disk S:PCO31489 8 9. Variance - Case No. 1 10992 Pine Avenue (Lawrence R. and Brenda J. Bible) Npplicants rc�uest a variance for a five-foot high wrought iron fence along the front yard setback of their property in the R-1 zone. Staff recommends denial because a hardship has not been established and the applicant will not be deprived of • privileges enjoyed by owners of other properties in the same vicinity if the variance is denied. Mr. Fenderson informed the Commissioners that staff had received a letter of support from their neighbors. Chairperson Dove opened the Public Hearing. Brenda Bible, 10992 Pine Avenue, Lynwood, rose to state the fence has been up since June 1988. Her home is next to a bus stop at the intersection of Imperial Highway and Pine Avenue. She stated her problems stem from children from the nearby Seventh Day Adventist's School who are waiting for the bus, as well as other bus riders. Her front yard has been used as a dump for everything from a dead dog in a plastic bag to old tires. The children have climbed trees in her front yard, torn up her flower beds and written on her porch. She has come home on hot days and found people sitting under the trees on her front yard because of the cooling shade. She used to have a 4' fence that could be climbed easily and one foot higher made all the difference. She stated her neiqhbor on the corner of Pendleton has the same height and type of fence, which is a combination of wrought iron and masonry. The presence of fences qives symetrical balance to the block. She stated she didn't know she needed a permit and the builder never said anything about it. Her neighbors have complimented her on the attactive fence. There being no else wishinq to speak for or against the variance Chairperson Dove closed the Public Hearing. Mr. Barnes checked with staff to make sure the materials are not illegal, only the height of the fence and Mr. Fenderson replied in the affirmative. Commissioner Cole-Dennis stated she has often wondered who lives there and asked if a trash can is located nearby. Mrs. Bible said that there is no trash can, she tries to keep the area cleaned up herself. Commissioner Willis stated he understands the problem as he also lives on a corner lot and, also, Vice-Chairperson Dove, who once lived on a corner lot. Both Commissioners Penalber and Dove suggested Mrs. Bible might turn on a sprinkler from 2:30 to 6:00 p.m., using a timer. Chairperson Dove asked staff for a textbook solution. Mr. Fenderson suggested a barrier such as a hedge. Mrs. Bible replied she had previously tried a hedge and the people beat it down. Commissioner Cole-Dennis stated her approval of a variance permittinq the fence to stay there. Chairperson Dove asked if the City could get a bus shelter, would that solve the problem. Mrs. Bible said it probably wouldn't help, the children would get tired of sitting down and would still wreck her yard. Disk S:PCO31489 9 Mr. Oskoui stated that bus shelters have been installed by the ' Public Works Department, mostly in commercial areas, such as ,�pic� ��•-�Y � ��ed 'co Le, and the southwest corner of Atlantic. He doesn't foresee any bus shelter construction in the very near future. MOTION by Commissioner Cole-Dennis, SECONDED by Commissioner Penabler, to approve Variance Case No. 1, finding that a hardship has been established and that the other properties in the same vicinity if the recommendation of denial is upheld. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Penalber NOES: Commissioners Dove, Willis ABSENT: Commissioners Haynes, Kanka, Pryor ABSTAIN: None Because of the tie, Mr. Barnes stated that the case would be automatically brought back before the Planning Commission at its regularly scheduled meeting of April 11, 1989, in hopes that a fifth commissioner would be present. Mr. Mas commented that the fence at 10909 Pine was built previous to the ban of six years ago and was grandfathered in as non-conforming. He also begged the Commission's indulgence to permit him to leave, which he did. 10. Varinace Case No. 2 10971 San Vicente Avenue (Ceneyda Reyes) Applicant requests variance to provide only three attached one-car garages to serve three residential units in the R-3 zone. Subject property is a substandard lot with three legal dwelling units. Only three one-car garages have been provided since 1959. The three units do not meet the standard requirements of the City's current zoning requirements of the City's current zoning code with respect to parking and orcha setbacks. Applicant proposes to enclose an existing p remodel the living room, kitchen and bath of the sinqle family house. Site Plan Review Committee recommend denial of the proposed project, however, applicant has submitted documents to substantiate his argument about the legality of the three dwelling units. Chairperson Dove opened the Public Hearing and Sandra Stream, a representative of Dunhill Builders, 9585 Slauson Avenue, Pico Rivera, rose to state that they plan to do the remodeling on the single family dwelling. Mr. Fenderson stated the variance request is for parking only, and has nothinq to do with any of the building or remodeling thereof. Commissioner Willis suggested that the proposal be continued until the next regularly scheduled meeting of the Planning Commission on April 11, 1989. Mr. B-Pessima commented that the applicant cannot expand the building because of its legal non-conforming status. Mr. Fenderson agreed with Commissioner Willis that it would be a good idea to continued the proposal until the April meeting. Disk 5:PCO31489 10 .� MOTION by Commissioner Cole-Dennis, SECONDED by Commissioner � �°, �-" � �N�e No. 2 to the next regularly i E'1'1ctUil�}'_', �:,; ,..ii�.... . , .:. s� .2ilu � scheduled meeting of the Planning Commission on April 11, 1989. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Penabler, Willis NOES: None ABSENT: Commissioners Haynes, Kanka, Pryor ABSTAIN: None 11. Tentative Parcel Map No. 20792 - Case TPM 3 4440 Olanda Avenue (Nathaniel Roberson) Applicant requests approval to consolidate one and three quarters of parcels into a single parcel in the R-3 zone. Chairperson Dove opened the Public Hearing and Nathaniel Roberson, 19202 Bichard, Cerritos, rose to state he hopes the application will be approved, because he wants to start construction next week. Mr. Oskoui stated that no permits will be issued before the recordation of the parcel map. Mr. Barnes asked Mr. Fenderson to explain and Mr. Oskoui again said that no permits will be issued before the parcel map recordation. Mr. Barnes stated that will take some time and Mr. Fenderson then said said staff will enter into a covenant agreement as has been done in the past. Mr. Eenderson stated the Public Hearing is for the parcel mao only, the project has already been approved as far as building goes, but the parcel map had somehow been missed. There being no one wishing to speak either in favor or in opposition to the proposal, Chairperson Dove closed the Public Hearing. MOTION by Commissioner Penabler, SECONDED by Commissioner Cole-Dennis, to adopt Resolution No. 2269, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 20792 TO COMBINE A SUBDIVISION OF LOT 6 AND PORTIONS OF LOT 15 , TRACT NO. 7099, AS RECORDED IN BOOK 101, PAGES 6 AND 7 OF THE COUNTY RECORDER OF THE COUNTY OF LOS ANGELES, CALIFORNIA, KNOWN AS 4440 OLANDA AVENUE, LYNWOOD, CALIFORNIA," finding that it will not have a significant effect on the environment, and certifying the Negative Declaration as adequate, subject to stated conditions and requirements. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Penabler, Willis NOES: None ABSENT: Commissioners Aaynes, Kanka, Pryor ABSTAIN: None Mr. B-Pessima left the meeting. Disk S:PCO31489 11 12. Tentative Parcel Ma No. 207902 - Case No. TPM 43 ,� _ . - . -� � P.�i � . n^ >nrj C�ntiir,V Boulevard r H;.'. 70:'... .. . ('George Polycrates) Applicant requests approval in order to consolidate five parcels and a portion of another into a single parcel. Mr. Fenderson stated Condition No. 4, "No grading permit or building permit shall be issued prior to recordation of final map or another appropriate instrument approved by the City, with the office of the Los Angeles County Recorder," should have been deleted. Chairperson Dove asked if the present structure will be demolished and Mr. Barfield. stated that a new development is proposed, however, the Commission is asked to act only on the parcel map at this time. Chairperson Dove opened the Public Hearing and Rick Dougherty, a representative of George Polygrates, 137 S. Prospect, Tustin, rose to state their acceptance of all conditions except Condition No. 4. There being no one wishing to speak either in favor or in opposition to the proposal, Chairperson Dove closed the Public Hearing. Mr. Barnes questioned the wisdom of dropping Condition No. 4 and both Mr. Barfield and Mr. Fenderson stated that staff will work with the developer closely. MOTION by Commissioner Cole-Dennis, SECONDED by Commissioner Penabler, to adopt Resolution No. 2270, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 20790 TO COMBINE LOT 281 EXCEPT THE EASTERLY 23 FEET, SIX INCHES TAEREOF LOTS 282 THROUGH 286, INCLUSIVE, OF TRACT NO. 15016, AS PER MAP RECORDED IN BOOK 315, PAGES 40 TO 45 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY," finding it will not have a significant effect on on the environment and is therefore exempt, subject to the stated conditions and requirements. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Penalber, Willis NOES: None ABSENT: Commissioners Haynes, Kanka, Pryor ABSTAIN: None REGULAR ORDER OF BUSINESS There was none. STAFF COMMENTS Mr. Fenderson distributed copies of a memorandum comcerning the General, Plan Update and announcement of a City Council Workshop to Identify Goals and Objectives of same, to be held on Monday, Mar�o the 1989, from noon to 2:00 p.m., in Room No. 2 at Bateman Hall, Commissioners. Disk S:PCO31489 12 _ , << COMMISSION ORALS The Commissioners di�c:u5�en ccre atienciance TeUO'fu' Ui iioim�'��ssioner Cole-Dennis for the period from October 1988 to present and advised that the said record be included in the minutes. For the period under review, seven (7) Planning Commission meetings were � held. Commissioner Cole-Dennis was present at five (5) meetings and had two (2) unexcused absences. PUBLIC ORALS- ADJOURNMENT: MOTION was made to adjourn by Commission Penalber, SECONDED by Commissioner Cole-Dennis, and carried unanimously. The meeting adjourned at 10:40 p.m. APPROVED AS WRITTEN this 19th day of March, 1989. Donald A. Dove, Chairperson ATTEST: APPROVED AS TO FORM: Aubrey D. Fenderson, Manager pouglas D. Barnes Planning Division Deputy City Attorney Disk S:PCO31489 13 :•,_..-- , ,I ';J MINUTES OF A REGULAR MEETING ' PLANNING COMMISSION ::iPi' �r „sc�P�vvil, CALIE'URNIA TUESDAY, APRIL 11, 1989 OPENING CEREMONIES A. Call to order The regular meeting of the Planning Commission of the City of Lynwood was called to order by ChairpeYSOn Dove on the above captioned date at 7:30 p.m., in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood, California 90262. B. Pledge of Allegiance Commissioner Willis led the Pledge of Allegiance. C. Roll Call of Commissioners Chairperson Dove requested the roll call, and Planning Manaqer Fenderson complied. Present: Commissioner ponald A. Dove Commissioner Lena Cole-Dennis Commissioner John K. Haynes Commissioner Alberto M. Penalber Commissioner David J. Willis, Jr. Mr. Fenderson informed the Commissioners that Commissioner Kanka had requested an excused absence. MOTION by Commissioner Penabler, SECONDED by Commissioner Penalber, to grant Commissioner Kanka an excused absence. MOTION carried unanimously. Also present: Josefina J. Jaramillo, Attorney Aubrey Fenderson, Planning Manager Arthur Barfield, Planning Associate Andrew B-Pessima, Planning Technician Vicente L. Mas, Community Development Director John Oskoui, Civil Engineering Assistant Joy Valentine, Minutes Clerk Approximately fifteen people were in the audience. D. Certification of Agenda Posting Mr. Fenderson stated that, per the Brown Act, the agenda had been duly posted. E. Approval of Minutes Commissioner Penalber stated that Chairperson Dove was identified as Vice-Chairperson Dove, starting on the second page and continuing throughout the minutes. Minutes Clerk apologized to Chairperson Dove for demoting him. Chairperson Dove noted a typoqraphical error in the last sentence on page 5, the word "so" should be "do". Commissioner Cole-Dennis discussed a vote that had been taken during Commission Orals relating to her attendance. MOTION by Commissioner Penalber, SECONDED by Commissioner Willis, to approve the minutes of March 14, 1989, as corrected. MOTION carried by the following vote: DISK M5:pc041189 1 AYES: Commissioners Cole-Dennis, Dove, Haynes, Penalber, Pr,yor, Willis NOES: None ABSENT: Commissioners Kanka ABSTAIN: None Chairperson Dove introduced Josephina J. Jaramillo, who acted as the City Attorney. CONTINUED PUBLIC HEARINGS: 1. Zonina ordinance Amendment - Case No. 1 Citywide Staff proposes to amend Chapter 25, official Zoning Ordinance, with respect to parking standards Citywide. Mr. Fenderson discussed the plan to increase parking spaces by efficient land usage. He stated that parking standards are now quite low and the plan is to raise standards, not impossibly high, but higher than they are now. Chairperson Dove and Commissioners Haynes and Penalber discussed the survey comparing Lynwood to other cities and specific instances, such as churches, schools, etc. Chairperson Dove opened the Public Hearing. There being no one wishing to speak in favor of the proposed ordinance amendment, Chairperson Dove asked if anyone wished to speak against the proposed ordinance amendment. Gary McGavin, architect of Lynwood Unified School District, stated that if the City raises parking standards, the City will lose green space, plus increased parking standards will discourage usage of mass transit by encouraging people to use their own cars. He asked for a copy of the study and staff complied. Chairperson Dove closed the Public Hearing. Commissioner Cole-Dennis asked Mr. McGavin, considering his concerns about mass transit, if he had any information concerning the RTD in Lynwood. Mr. McGavin replied in the negative. Chairperson Dove discussed usaqe of multi-level parking in larger cities. Commissioner Haynes commented, concerninq Lynwood High School, that probably more students than staff inembers drive cars to the school. Commissioner Penalber read from the survey, concerning all schools. Mr. Mas stated that the City can't go after the fact and make higher requirements at any of the schools. DISK MS:PC041189 2 � 1 � I Commissioner Aaynes asked if five spaces per classroom will eliminate parking problems around the new high school, Mr. iras '���iied tnat the p«:.c�:_, ��'�: l"�:�� 3��•�+ high schools will never be solved. Mr. McGavin discussed Senate Bill No. AB 1700, which - will benefit urban schools that are impacted. The bill provides funds for high rise school buildings and underground parking, which will maximi2e land usage. He further stated that City standards will not apply. MOTION made by Commissioner Pryor to adopt Resolution No. 2259, "A RESOLUTION OF THE PLANNING COI�IlMISSION OF THE CITY OF LYNWOOD RECONIIdENDING CITY ADOPTZON OF AN AMENDMENT TO CHAPTER 25-14 OF THE MUNICIPAL CODE WITH RESPECT TO OFF-STREET PARKING STANDARDS, "finding that the project is exempt from the provisions of the State CEQA Guidelines, as amended by Section 15061 b(3) and recommending that the City Council approve the findings in Resolution No. 2259, waive the reading and introduce the proposed ordinance, SECONDED by Commissioner Haynes. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Aaynes, Penalber, Pryor, Willis NOES: None ABSENT: Commissioner Kanka ABSTAIN: None 2. Zonina Ordinance Amendment Case No. 2 Citywide Staff proposes to amend Chapter 25, the official Zoning Ordinance, with respect to property maintenance standards Citywide. Mr. Fenderson requested that this case.be continued to the next regularly scheduled meeting of the Planning Commission on May 9, 1989. MOTION by Commissioner Penalber, SECONDED by Commissioner Cole-Dennis, to continue Zoning Ordinance Amendment Case No. 2 to the next regularly scheduled meeting of the Planning , Commission on May 9, 1989. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Haynes, Penalber, Pryor, Willis NOES: None ABSENT: Commissioner Kanka ABSTAIN: None DISK MS:PC041189 3 , . 3. Modification to Conditional Use Permit - Case No. 85075 (CUP 1) 11333 Wright Road, Lynwood, (Jose L. Lopez) The applicant had requested a niouitication of CUP Case No. 85u75 to construct one two-bedroom apartment unit at the rear of an existing triplex in the R-3 zone. However, the applicant has withdrawn his application and offered his property for sale. � Mr. Fenderson stated his item should be removed from the agenda. MOTION by Commissioner Penalber to remove Modification to Conditional Use Permit- Case No. 85075 (CUP 1) from the agenda, SECONDED by Commissioner Pryor. MOTION carried by the following vote: � AYES: Commissioners Cole-Dennis, Dove, Aaynes, Penalber, Pryor, Willis NOES: None ABSENT: Commissioner Kanka ABSTAIN: None 4. Conditional Use Permit -Case No. 5 � 12430 Harris Avenue, Lynwood (Sergio Lopez) Applicant requests approval to build four apartment units in the R-3 zone. - Two parties, the applicant and an alleged new owner, both claim ownership of the property. Neither has produced the documents to substantiate ownership, so staff requests that this matter be tabled until ownership has been proven and the application is resubmitted by the legal owner. MOTION by Commissioner Penalber, SECONDED by Commissioner Haynes, to table Conditional Use Permit- Case No. 5 until ownership has been established and the application is resubmitted by legal owner. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Haynes, Penalber, Pryor, Willis NOES: None ABSENT: Commissioner Kanka ABSTAIN: None 5. Variance Case No. 1 10992 Pine Avenue (Lawrence R. and Brenda J. Bible) Mr. Fenderson stated the applicant requested this item be moved to the end of the aqenda to give her time to be present. Chairperson Dove asked the Commissioners if there was any objection, there being none, this item was moved to the end of the agenda. 6. Variance Case No. 2 10978 San Vicente Avenue (Ceneyda Reyes) Applicant requests a variance to provide only three attached one-car garages to serve three residential units in the R-3 zone. DISK MS:PC041189 4 , Staff recommended approval of the parking variances only. The applicant's consultant requested a continuation of the case for further discussion with staff about remodeling the front house. Staff has made many attempts to reach the consultant for said discussion but has bee�� uiiaiile co make contact. ' Commissioner Haynes asked staff why the item should be � continued when calls are not returned. Mr. Fenderson replied that both the applicant and the consultant attended last month's mee�.ing, then the case was continued to this month and one month more is acceptable to staff. MOTION by Co�nissioner Penalber, SECONDED by Commissioner Cole-Dennis, to continue Variance Case No. 2 to the next regularly scheduled meeting of the Planning Commission on May 9, 1989. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Penalber, Pryor, Willis NOES: None ABSENT: Commissioner Kanka ABSTAIN: Commissioner Haynes 7. Zone Change- Case No. 1 11300 Spruce Street (Lynwood Unified School District) Applicant requests Zone Change from R-2 to CF (Community Facilities) zone to be consistent with the General Plan designation of Public Land Uses. Chairperson Dove opened the Public Hearing. ._ Joe Battle, 4304 Carlin Avenue, Lynwood, member of the Lynwood Unified School District, rose to speak in favor of the proposal. He stated that the Lynwood Unified School District wants to streamline their facilities. Presently, their staff is housed at four separate locations. There being no one else wishing to speak in favor of the proposal, and no one wishing to speak against the proposal, Chairperson Dove closed the Public Hearing. _ Commissioner Cole-Dennis stated her pleasure in the presence of Mr. Battle and Mr. McGavin at the Planning Commission meeting. Commissioner Penalber stated his desire for rapport between the Lynwood School District and the City because the future belongs to the students. He also stated his pleasure in their presence at the meetinq. . A booklet concerning the proposed building was distributed to the Commissioners and members of the audience by Mr. Battle. Mr. Battle said the School District is Planning to move the yard complex to Wright Road and applications have been made for AB 1700 funds to build a multi-floor school building which will completely eliminate trailers and "temporary" buildings which, through the years, have become permanent. DISK MS:PC041189 5 . ' Commissioner Pryor asked if any plans have been made to update the shop classes and Mr. Battle responded that they were updated two years ago. However, Mr. Battle added, only children who are at a higher level academically �_� _�Y�_;,�.�'e'�u to take shop classes, which are elective classes. Many students are required to take second math or English classes and have no class time available for shop classes. • There being no one else wishing to speak for or against the proposal, Chairperson Dove closed the Public Hearing. MOTION by Commissioner Pryor, SECONDED by Commissioner Cole- Dennis, to adopt Resolution No. 2273, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING AN AMENDMENT TO THE LYNWOOD MUNICIPAL CODE PERTAINING TO THE OFFICIAL ZONING ORDINANCE, CHANGING THE ZONING ON LOT 900 OF TRACT NO. 15016 MB PAGES 40 TO 45 OF THE LOS ANGELES COUNTY RECORDER OFFICE, LOS ANGELES COUNTY, LOCATED AT 11300 SPRUCE STREET, DESIGNATED AS ZONE CHANGE NO. 1," and recommending that the City Council certify the Negative Declaration as adequate. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Haynes, Penalber, Pryor, Willis NOES: None ABSENT: Commissioner Kanka ABSTAIN: None 8. Conditional Use Permit Case No. 2 11300 Spruce Street (Lynwood Unified School District) Applicant proposes to construct a two-story Administrative Office Building on the Hosler Junior High School site. Staff requested that this matter be continued to a special meeting of the Planning Commission on Wednesday, April 26, 1989. Although staff wants to extend total cooperation and support to the Lynwood Unified School District, problems still remain such as a requirement for ample parking, one of the items that must be agreed upon before this proposal can be approved. Mr. Battle offered to answer any questions for the Commissioners. Mr. Mas stated it would be all right for the Commissioners to ask questions, but staff will not make a recommendation until problems have been solved, parking is still critical. It was agreed the applicants would bring a model of the proposed inside for the Commissioners to see, after the rest of the agenda had been concluded. MOTION by Commissioner Haynes, SECONDED by Commissioner Cole- Dennis, to continue Conditional Use Permit - Case No. 2 to a special meeting of the Planning Commission to be held on Wednesday, April 26, 1989. Disk MS:pc041189 6 MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Penalber, Pryor NOES: None ABSENT: Kanka ABSTAIN: None 9. Conditional Use Permit - Case No. 10 10978 Duncan Avenue (Elvin Sequeira) Applicant requests approval to develop a one-story three- bedroom single family house in the R-2 zone. Chairperson Dove opened the Public Hearing and Elvin Sequeira, 6601 State Street, Huntington Park, and the developer, Alfonso Aria, 8497 California Avenue, South Gate, rose to state their acceptance of the requirements. Commissioner Penalber and Mr. Aria discussed the proposed plans. Commissioner Penalber preferred roses and Mr. Aria preferred evergreen shrubs. ' There being no one else wishing to speak in favor of, or in opposition to, the proposal, Chairperson Dove closed the Public Hearing. Commissioner Cole-Dennis stated her approval of a single family dwelling, since usually only multiple units are proposed. Commissioner Pryor stated that not too many units could be built on a 25' lot. MOTION by Commissioner Pryor, SECONDED by Commissioner Penalber, to adopt Resolution No. 2260, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITION USE PERMIT (CUP) NO. 10 TO CONSTRUCT A ONE STORY THREE BEDROOM, SINGLE FAMZLY HOUSE IN THE r-2 (TWO-FAMILY RESIDENTIAL) ZONE, AT 10978 DUNCAN AVENUE, LYNWOOD, CALIFORNIA, 90262," subject to the stated conditions and requirements and finding the project to be categorically exempt from the provisions of the State CEQA Guidelines as amended by Section 15061 b(3). MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Haynes, Penalber, Pryor, Willis NOES: None ABSENT: Comonissioners Haynes, Kanka, Pryor ABSTAIN: None The Commissioners now returned their attention to Item No. 5, since the applicant was present. DISK MS:PC041189 7 10. Variance Case No. 1 10992 Pine Avenue (Lawrence R. and Brenda J. Bible) Applicants request a variance for a five-foot high wrought iron fence along the front yard setback of their property in the R-1 zone. Staff recommends denial because a hardship has not been established and the applicant will not be deprived of privileges enjoyed by the owners of other properties in , the same vicinity if the variance is denied. Case was continued from the March 14 meeting due to a tie vote and recommendation of Mr. Douglas Barnes, City of Lynwood Attorney. Vice-Chairperson Dove opened the Public Aearing. Brenda Bible, 10992 Pine Avenue, Lynwood, rose to state the fence has been up since June 1988. Her home is next to a bus stop at the intersection of Imperial Highway and Pine Avenue. She stated her problems stem from children from the nearby Seventh Day Adventist's School who are waiting for the bus, as well as other bus riders. Her front yard has been used a a dump for everything from a dead dog in a plastic bag to old tires. The children have climbed trees in her front yard, torn up her flower beds and written on her porch. She has come home on hot days and found people sitting under the trees on her front yard because of the cooling shade. She used to have a 4' fence that could be climbed easily and one foot higher made all the difference. She stated her neighbor on the corner of Pendleton has the same height and type of fence, which is a combination of wrought iron and masonry, and they were built less than 12 months apart. The presence of fences give symetrical balance to the block. She stated she didn't know she needed a permit and the builder never said anything about it. Her neighbors have complimented her on the attractive fence. People waiting for the bus sometines use her fence as a clothes line, but they take their clothes with them when they leave. Commissioner Haynes asked if she has filed a complaint with the RTD about the problem. Mrs. Bible stated that the fence solved the problem. Commissioner Cole-Dennis commented that Mrs. Bible doesn't object to the bus stop, Mrs. Bible understands that the students need the bus, she just needs the fence as protection. There being no one else wishing to speak for or against the variance, Chairperson Dove closed the Public Aearing. Commissioner Pryor stated that since the City has laws and ordinances, they should be followed. He stated that Mrs. Bible broke the law. He added that his parents have a 3-foot fence that works just fine. Commissioner pove stated that changing the bus stop just moves the problem. Commissioner Penalber stated he could understand that she expected the contractor to take care of any needed permits. Commissioner Cole-Dennis stated her approval of a variance permitting the fence to stay there. She stated she had never realized that permits are required for so many things, such as adding aluminum awnings to one's windows. She stated it should be considered the responsibility of the City to inform citizens instead of permitting them to get into situations like this, just because they don't know about permits. DISK MS:PC041189 8 Commissioner Willis asked staff why her neighbor was permitted a 5' fence. M.r'. 9arfield replied that the fence at 10909 Pine Street was � built prior to the ban six years ago and grandfathered in. Maybe her fence was built in the same 12-month period, but that isn't important, he added. , Commissioner pove stated he could understand the apparent hardship. He suggested that perhaps the Code could be changed to allow for exceptions like bus stops, and that fences should be able to be seen through, for oncoming traffic. Commissioner Pryor stated that it is already in the Code that " fences should be able to be seen through. Mr. Mas stated that solid masonry is allowed to be only 1- foot hiqh. Past that, he added, you must be able to see through. Commissioner pove asked Mrs. Bible what kind of fence her 4- foot fence had been. She replied that it had been chain link. Mr: Mas stated that the motion should follow the pattern in the RECOMMENDATION that a hardship has/has not been established and finding that the applicant would/would not be deprived of privileges enjoyed by her neighbors. Ms. Jaramillo stated the vote should not be whether or not she can have the fence, but whether or not a hardship exists. MOTION by Commissioner Penalber, 5ECONDED by Commissioner Cole-Dennis, finding that a hardship has been established and that the applicant will be deprived of privileges enjoyed by the owners of other properties in the same vicinity if the recommendation of denial is upheld. MOTION was carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Penalber NOES: None ABSENT: Commissioner Kanka ABSTAIN: None MOTION by Commissioner Penalber, SECONDED by Commissioner Cole-Dennis, finding that the applicant will be deprived of privileges enjoyed by the owners of other properties in the same vicinity if the recommendation of denial is upheld. MOTION was denied by the following vote: AYES: Commissioners Cole-Dennis, Dove, Penalber NOES: None ° ABSENT: Commissioners Aaynes, Pryor, Willis ABSTAIN: Commissioner Kanka Commissioner Haynes stated he's trying to work with her, but is of the opinion that she can contact RTD to have the bus stop moved, and if the fence is cut down to four feet there will still be as much protection as she has now. DISK M5:PC041189 9 � A long discussion ensued between all Commissioners, staff and applicant with no change in the disposition of the case. She has to cut down her fence. Chairperson Dove informed Mrs. Bible that she has fifteen ;;c::r^ �..; 3:: -.r'. `�? the City Council. REGULAR ORDER OF BUSINESS There was a presentation by the Lynwood School Board, using a model of the proposed building. Many aspects of the proposal were discussed by all Commissioners, staff and members of the Lynwood School Board. Staff Comments Mr. Fenderson presented a status report on the General Plan update. He said the General Plan study is presently underway, and there have been meetings with all concerned people and staff. Staff is now waiting for consultants to submit their findings. COMMISSION ORALS: Commissioner Willis questioned staff concerning the possibility of a new hospital. Mr. Mas stated that Kaiser Permanente has proposed a 50,000 outpatient facility in the Montgomery Wards area. He added that nothinq detrimental to the St. Francis Medical Center will be accepted by the City. Commissioner Cole-Dennis requested that site maps indicate major streets near proposed developments. She further stated that citizens should be informed that permits are required for almost anything anyone might want to do to improve his property. She suggested that this information could be included with the water bill. Commissioner Penalber stated that such information should be printed in Spanish as well as English. Chairperson Dove suggested an insert could be mailed with the water bill. Mr. Mas stated the City has a newsletter that is printed quarterly and such information could be included in it. Commissioner Cole-Dennis stated her dislike of the quarterly newsletter and added that sometimes it isn't delivered to her home. She again stated her desire that information about permits be included with water bills, since they are delivered to all homes and businesses. PUBLIC ORALS: ADJOURNMENT: MOTION was made to adjourn by Commissioner Pryor, SECONDED by Commissioner Haynes, and carried unanimously. The meeting adjourned at 10:10 p.m. DISK MS:PC041189 10 APPROVED AS WRITTEN this llth day of April, 1989. Donald D. Dove, Chairperson ATTEST: APPROVED AS TO FORM: Aubrey D. Fenderson, Manager pouglas D. Barnes Planning Division Deputy City Attorney Disk M5:PC041189 11 � CUP 2 � DATE: May 9, 1989 ' ..... ��i:uIN.T.5::s COMMISSION AGEI�'��. }T rM1��`� �� . ( . � (t T n � . _.. . FROM: Vicente L. Mas, Director l��`iSL i`;.�, __ �l�{' � Community Development Department "�" �"' SUBJECT: CONDITIONAL USE PERMIT -CASE NO. 2(CUP 2). Applicant: Lynwood Unified School District PROPOSAL The Lynwood Unified School District is proposing to construct a two-story Administrative Office Building, approximately 49,000 sq.ft. in size, on the Hosler Junior High School site, located at 11300 Spruce Street in the R-2 zone. FACTS• 1. Source of Authority Section 25-12 of the Lynwood Municipal Code regulates the uses permitted within the Community Facilities zoning district. The proposed construction requires Conditional Use Permit approval pursuant to City Ordinance No. 1318, pertaining to new development in Community Facilities Zones. 2. Property Location The site is located on the west side of Bullis Road between Century Boulevard and Platt Avenue. 3. Property Size The site is irregular in shape comprising approximately ten (10) acres occupied by various administrative buildings and classrooms 4. Existing Land Use The site, presently serving the communities' educational needs is surrounded by the following land uses: North - City South - Residential East - City West - City 5. Land Use Description General Plan Zoning North - Public Uses North - CF South - Single-Family South - R-2 East - Public Uses East - CF West - Public Uses West - CF/R-2 DISK 7:CUP 2 1 r:�., 6. Project Characteristics ' Th� d=.�%i'v'i+:':��'.3L`ei� Ccii ( 10 ) acre site is occupied by the Hosler.�Junior High School and the Lynwood Administrative Services unit. The applicant is proposing to develop a two story Administrative Office Building, approximately 49,000 • sq.ft. in size with 56 parking spaces provided at grade and 73 spaces below grade. Approximately 125 employees is scheduled to occupy the building. 7. Site Plan Review On March 22, 1989 the Site Plan Review Committee evaluated the proposed development and recommended approval to the Planning Commission with specific conditions. 8. Zonincx Enforcement History None of record. ANALYSIS AND CONCLUSION 1. Consistencv with General Plan The land use is consistent with the proposed zone change classification of C-F and with the General Plan designation of Public Land Uses. 2. Site Suitability The property is adequate in size and shape to accommodate the proposed construction, landscaping, driveways and other development features required by the Zoning Ordinance. 3. Compatibility The architectural features of the proposed building aesthetically enhance the existing Civic Center. 4. Compliance with Development Standards The Conditional Use Permit is regulated by Ordinance No. 1318, an interim zoning ordinance of the City, establishing a moratorium on public and community facilities. The moratorium is to insure that development of new public and community facilities is compatible with surrounding land uses through the imposition of the Conditional Use Procedure. The moratorium, also, establishes that development of new public and community facilities can have permanent negative impacts on the surrounding neighborhoods should they be permitted through current outdated regulations (See Attachment). The development standard at issue is parking. The proposal is for (1291 parking spaces. A total of (209) parking spaces is required. The proposed project is deficient by (80) spaces. However, the applicant proposes to provide the balance of the required parking by entering into an agreement acceptable to the City of Lynwood to provide 80 parking spaces on the proposed site in conjunction with construction of new classrooms. 5. Conditions of Approval The improvements as proposed, will not have a negative effect on the values of the surrounding properties and interfere with and endanger the public health, safety or welfare. DISK 7:CUP2 2 :.>,� , . � - :,. „ � .,.:.. __ ,,. .. r 6. Benefits to Community 'the proposed deoelopluent wili aid in aesthetically upgrading the City and will act as a catalyst in fostering other developments. Furthermore, the development will add favorably to the City's community facilities base in • furtherance of the policies of the General Plan. 7. Environmental Assessment Staff has found that no substantial environmenta2 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. ' RECOMMENDATION Staff respectfully requests that after consideration, the Planning Commission approve CUP 2: 1. Finding that Conditional Use Permit, Case No. 2 carries out the intent of Ordinance No. 1318. 2. Finding that Conditional Use Permit, Case No. 2, will not have a siqnificant effect on the environment and certifying the Negative Declaration as adequate. 3. Approving Conditional Use Permit No. 2, subject to the stated conditions and requirements. Attachments 1. Ordinance 1318 2. Location Map 3. Site Plan DISK 7:CUP 2 3 d ..y. 1 .. �..; �� _ . . . �fi I I ��� Yi { ORDINANCE NO. 7318 •+ AN r)Rn7NANCR OF THE CITSt D..c+,cr}roc.�THF. .::.,..,�mr�ir,, AS AN URGE'!CY . '- .�.�:: -... _. MORATORIUM ON �OP15T12UC'1'i::c: iN '1'Ht� pUBLIC AND CONIIdUNITY FACILITIES ZONE, p,LONG WITH THE INiPOSITION OF vSE �QpIgEME2iT FOR A CONDITIONAL p�i�� pENDING COMPLETION OF A CpNTEMpLATED ZONING ORDINANCE REVISION � pgpHIgITZNG THE ISSUANCE OF ANY BUILDIpG pERMITS IN VIOLATION TfiEREOF. The City Council of the City of Lynwood DOES HEREBY D�AIN as follows: SECT� N 1heTabovetwas�introducedbandladoptedtasrdananurgency 1315 concerning 1988 and on that date the Council referred measure on De�em�eZ 20� velopment Department for further study the matter to the Community De and evaluation. SECT_ I_ ��_, The City Council further finds that pending the preventlany furtherldevelopmenteunlesslot is donefthroughlaPConditi nal Use Permit. SECT_ I�_ The City Council further finds that there is a current and immediate threat to the public health, safety and welfare 8s a result of allowing development in the Public and Community Facilities zone under the existing site plan review process and without a Conditional Use Permit. ort and does SECTION 4. The City Council has received a reP 15 days to and including November 30, 1989. hereby exten oratorium established in Ordinance No. 1315 or an additional 10 months, ordinance SECT�S• This ordinance is an interim zoning shall be of no enacted pursuant to Section 36934 and 65858 of the Government Code o the State of California, and in accordance therewith, further force and effect ten (10) months and fifteen (15) days after the adoption of the ordinan�heuCitySCouncilrshallcextenduthistordinance 65090, and public hearing, in accordance with the terms and provisions of Section 65858 of t e Government Code. SECT_ I_�N 6• The City Council hereby finds, detes fety, and declares the immediate preservation of the public health, welfare necessitate the enactment of this ordinance as an urgency ordinance. Said findings are as follows: 1, The provisions of the Lynwood Municipal Code regulating public and community facilities are outdated; and 2, City staff is informed that public entitWOOd to develop such facilities in the City of Lyn 3, Development of new public and community facilities can have permanent negative im�ittednunder therrcurrent neighborhoods should they pe outdated regulations; and DISK 43: zone 1 __. . , _.____._.,-- -----. __._�..,�..-,.a+.� 4. A total prohibition on new public and comnunity facilities is not', necessary during the moratorium imposed by this ordinance, because the potential , . _ ,.,,. i ;.n.e!� ab�..e .. �.. �... _ � �,.,. _ �.., ,. u.="�".'� W � _ controlled or mitigated through the conditional use permit procedure; and SECT_ I�N S��ILITY- If any section, subsection, subdivision, sentence, clause, Phr rson or place, is for or the application thereof to anY Pe held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fachrases,aor one or more sections, subsections, sentences, clauses, P portions, or the application thereof to any person or place, be declared invalid or unconstitutional. re ular meeting of the City Council First reat at a g of said City held on the 17th day of January • 1989 and finally adopted and ordered published at a n„lar - meeting of said Council held on the 17th day of January , 1989, by the following vote: AYES: COUNCZLMF.NIBERS HEINE� HENNING� MORRIS� RICHARDS� WELLS NOES: NONE ABSENT: NONE ABSTAIN: PASSED, APPROVED AND 1�DCIPTED THIS 1�hday of January, 1989 EVELyN M, WELLS, Mayor of the City of Lynwood, California ATTEST : ��� � �-�-�� ANDREA L. HOOPER, C1ty Cl�k of the City of Lynwood. California APPROVED AS TO FORM: APPROVED AS TO CONTENT: �. - H g, gpgBOSA, City Attorney Charles c3. Gomez, City nager - DISK 43: MORA Z -`-�------- ^—��wa�..� .. x� STATE OF CALIFORNIA � ss. COIJIVTY OF LOS ANGELES ) I, zhe undersigned, City Clerk of the City of Lynwood. and ex-o£ficio clerk of the Council of said City, do hereby certify that the above is a true and correct copy of Ordinance No. �3�s adopted by the City Council of the �City of Lynwood, and that the same was passed on the date ' and by the vote therein stated. � 17th da Of January � 19 89 DATED this Y . � . ��h� ity er � . . City of Lynwood . . i' ' _. � � �� .� � � LOGATI4N iVIAP ,� . . -- - � a �"� � �� e ��° CENTURY BOUL£VARD ti h Q� � e. ��, �: \ Cin� in � f�, ,�p. ��;xo. . • .,..o � y .m so / o I Ie izi ar EI I^ ar i F � 'O ilaw �is� S �tsor iwm uco� m //1� //L //S //I //J ARLI / TE � bV9 30 - . 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( 8 r'� ,�c 1 � c� � ,�- .; RRcOr,UTTnx Nn ��s� A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE ' PERMIT (CUP) NO. 2 TO CONSTRUCT A TWO-STORY ADMINISTRATIVE OFFICE BUILDZNG IN THE CF (COMMUNZTY FACILITIES) ZONE, 11300 SPRUCE STREET, LYNWOOD, CALIFORNIA 90262. WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public hearing on subject application for a Conditional Use Permit; and WHEREAS, the Planning Commission carefully considered all pertinent testimony offered at the public hearing; and WHEREAS, a Conditional Use Permit is required for development in the CF (Cotmnunity Facilities) 2one. Section 1. The Planning Commission hereby finds and determines as follows: A. The site of the proposed use is adequate in size and shape to accommodate the structures, parking, walls, landscaping, driveways and other development features required by the Zoning Ordinance. B. The granting of the proposed Conditional Use Permit will not adversely affect the Lynwood General Plan, and carries out the intent of Ordinance No. 1318. C. The structures as proposed, or modified, subject to conditions, will not have a negative effect on the values of the surrounding properties or interfere with or endanger the public health, safety or welfare. D. The site will be developed pursuant to the current zoning regulations and site plan submitted and reviewed by the Site Plan Review Committee. E. 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. CUP 2 provided the following conditions are observed and complied with at all times. DISK 48:RE502256 � COMMUNITY DEVELOPMENT DEPARTMENT General 1. The proposed develogment shall comply with all applicable regulations of the Lynwood Municipal Code, the Uniform Building Code and the Uniform Fire Code. 2. Any proposed subseguent 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. The side yard adjoining the residential zone shall not be less than twenty (20') feet. 7. 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 Director or his/her designee. a. Site landscaping plans shall be approved by the Community Dvelopment Department prior to installation. Said plans shall be prepared by a licensed landscape architect. 8. Automobile Parking stall, standard car. a. Dimensions. The minimum dimensions of each standard car shall be not less than 9 feet in width by 18 feet in length. 9. Automobile Parking Stall for the Aandicapped. a. Automobile parking stalls for the handicapped shall be provided in accordance with Section 25-14 of the Lynwood Zoning Ordinance. 10. Parking lot landscaping. All parking areas containing five (5) or more automobile parking spaces shall be landscaped � and permanently maintained with suitable nursery stock, as follows: a. Planting area. All planter areas shall be enclosed within a 6" high by 6" wide concrete curb, where the same is not adjacent to a concrete sidewalk, masonry wall or building. Plantinq areas which are provided as wheelstops, shall be a sufficient width to accommodate overhang of parking vehicles. DISK 7:LYUSDCUP 1 b. Types of landscaping shall consist of combinations of trees, shrubs, and ground cover with special � consideration given to their eventual size, spread, susceptibility to disease and pests, durabil_ity,- 3n�. adaptability to existing soil and climatic conditions. c. Where landscaping is required or provided within or along a parking area, an adequate automatic irrigation system shall be provided. All such irrigation systems shall be permanently maintained. 11. A total of (209) parking spaces shall be provided. The � developer shall enter into and execute an agreement acceptable to the City of Lynwood for the balance,(80 parkinq spaces) of the required parking spaces for the proposed administrative office facility and existing administrative offices on the Aosler Junior High School site. 12. No building shall have a height greater than seventy-five (75') feet. 13. The lighting shall be stationary and be deflected away from adjacent properties. 14. The main entrance to the building shall provide for independent access to the physically impaired. 15. The address of the building shall be displayed in a manner acceptable to the Community Development Director or his/her designee. 16. Proper consideration shall be given to the relationship between the existing and finished grades of the site to be improved and adjacent properties. 17. Mechanical equipment and utilities shall be architecturally screened from view. Roof-top mechanical equipment and appurtenances to be used in the operation or maintenance of the building shall be arranged so as not to be visible from any point at or below the roof level of the building. 18. Trash areas shall be enclosed by a five-foot high decorative masonry wall with solid gates. 19. Prior to the installation, display, enlarging, modfying, relocating or changing of signs, a permit must be obtained from the Department of Community Development, Planning Division. 20. All security fences, grills, etc. shall be architecturally compatible with the desiqn of the subject and adjacent buildings. In addition, no security fences, qrills, etc. shall be installed without the prior written approval of the Director of Community Development and required building permits. 21. 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 of a corner lot. Such equipment shall be screened from surrounding properties and streets and so operated that they do not disturb the peace, quiet and comfort of neighboring residents, in accordance with the City's Noise ordinance. All means of access to the referenced equipment shall be desiqned and installed so as to prevent access to unauthorized persons and shall be approved by the Building and Safety Division. DISK 7:LYUSDCUP 2 PUBLIC WORKS/ENGINEERING 22. Submit a grading plan prepared and signed by a registered � Civil Engineer. 23. Construct full width/occ sidewalk in parkway from Platt Ave. to existing sidewalk North of property on Bullis Road. 24. Construct six (6) wheelchair ramp (s) on all sides of alley type drive approaches. 25. Reconstruct damaged pavement along Bullis Road from Platt Avenue to north of property on Bullis Road. 26. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. 27. Install fifteen (15) 24" box street trees per City of Lynwood standards along Bullis Road. 28. Construct tree well covers per City of Lynwood standards for existing and proposed street trees. 29. Provide and install four (4) marbelite street pole with light fixture, underground services and conduits along Bullis Road. 30. Underground all utilities. 31. Underground existing utilities if any modifications are proposed for the electrical service panel. 32. A permit from the Engineering Division is required for all off-site improvements. 33. All required water meters, meter service changes and/or fire protection lines shall be installed by the developer. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Public Works/Engineering Division prior to performing any work. 34. Applicant needs to hire water Engineering firm acceptable to Engineering Department to determine if the line should be abandoned or relocated. This will require modelinq of the system and other system improvements. If the line needs to be relocated new easements, plans and improvements are needed. Developer shall pay all required permit fees. ` Improving the system may require improving fire hydrants. 35. Correct ponding on east and west sides of Bullis Road from northernly property line to Platt Avenue. Work may include reconstruction or gutter and/or catch basins. FIRE DEPARTMENT 36. Provide hydraulicaly designed sprinkler system: a. Ordinary hazard group I in basement parking area with 1 1/2" hose stations. b. Light hazard in other areas. c. PIV to be located away from building. d. F.D.C. to be located near the street approximately 20' feet from curb line (reached with one 50' hose from trench. May be in landscaped area. DISK 7:LYUSDCUP ' 3 . � e. Provide floor control valves. �. ?rovicie s�ipervised alarm system. 37. Provide Knox Box for key to building. 38. Provide required extinguishers. � Section 3. Staff has found that no substantial environmental impact will result from the proposed development; therefore, a Negative Declaration has been prepared and is on file in the Community Development Department and the Office of the City Clerk. Section 4. A copy of this Resolution shall be delivered to the applicant. APPROVED AND ADOPTED this 9th day of May, 1989, by members of the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: Donald A. Dove, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Vicente L. Mas, Director pouglas D. Barnes Community Development Dept. Deputy City Attorney DISK 7:LYiJSDCUP 4 i a • i Q�' °'^,� ��� ' f l �� 4'� f��'� Cf; S� i^�►� p DATE: May 9, 1989 � �u -� TO: PLANNING COMMISSION �ROM: Vicente L. Mas, Director Community Development Depaxtment � SUBJECT: Variance Case No. 2 Applicant: (Ceneda Reyes) Proposal• The applicant is requesting approval of a parking Variance at 10978 San Vicente Avenue in the R-3 (Multi-Family Residential) zone. Facts The applicant is requesting a parking variance that would allow her to provide only three one car garages for three legal non- conforming dwelling units rather than the required six parking spaces. In addition she proposes to enclose an existing porch, remodel the living room, kitchen and bath in the front single fmaily home. Staff recommended approval of the parking variance only but the applicants consultant requested a continuation of the case for further discussion with staff on the issue of remodelling the front home. Staff made various attempts to reach the consultant but has not been able to contact her. This item was continued from the Planning Commission's regularly scheduled meeting of April 11, 1989. Recommendation Since the applicant's consultant has not shown up for discussions � regarding the remodelling of the front house, Staff respectfully request that this item be continued to the Planning Commission's regularly scheduled meeting of June 13, 1989. DISK 48:VAR#z �:, i n � DATE : May 9, 19 8 9 I1U C�C Q r� �� L��'i ���'�.1. .�.�.._._-.�_..-�.+^.�?! TO: PLANNING COMMISSION CAJE I'�'J. _ ��l �.....�� FROM: Vicente L. Mas, Director Coinmunity Development Department SUBJECT: Zonina Ordinance Amendment Case No. 2 Regulating Property Maintenance City-Wide PROPOSAL: Staff is proposing to amend Chapter 25, the Official Zoning and Sign Ordinance of the City of Lynwood with respect to Nuisance and Property Maintenance. FACTS It has"become a matter of great concern regarding the neglect and disrepair of the housing stock and property located within the City. Provisions in the Municipal Code do not adequately address these issues. At the moment, Articles II and III of the City's Nuisance Abatement and Property Maintenance overlap to a great extent and should not only be combined but should also deal with specific issues. This item is continued from the Planning Commission's regularly scheduled meeting of April 11, 1989. RECOMMENDATIONS , In view of the complexity of this issue and the short time the Commissioners are given to review this matter, staff recommends that we continue the item to allow the Commission to review and consider the proposed ordinance (attached) at its next meeting DISK 47:88100ZOA 1 _� �. ORDINANCE NO. , AN ORDINANCE OF THE CITY COUNCZL OF TfiE CITY OF LYNWOOD� CALIFORNIA� AMENDING CHAPTER 21 OF Tf� LYNWOOD ?NNICIPAL CODE, RELATING TO PIIBLIC H[TISANCSS. THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALZFORNIA DOES ORDAIN AS FOLLOWS: SECTIOP 1: Article I and Article II oP Chapter 21, of the Lynwood Municipal Code are hereby repealed. SECTION 2: Article I is hereby added to Chapter 21, of the Lynwood Municipal Code, as follows: ARTICLE I N[TISANCES Sec. 21-1. Purpose and Intent. The purpose of this article is to provide for the abatement of hazardous, unsanitary or unsightly'conditions which affect the ' life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance, and is based upon . the following findinqs: (a) The City has a history and reputation for well kept properties and the property values and the general welfare of this community are founded, in part, upon - the appearance and maintenance of property. (b) There now appears a need for further emphasis on the , maintenance of a number of premises because conditions hereafter described have been found from place to place throughout the city. (c) The existence of these conditions is injurious and inimical to the public health, safety and welfare of residents of this city and contributes substantially and increasing to the necessity for expenditures for protection against hazards and diminution of property values, prevention of crime and the preservation of public health, safety and welfare and maintenance of police, fire and accident protection. These problems are becoming increasingly direct and substantial in significance and effect and the uses and abuses of property reasonably relate to the proper exercise of the police power in the protection of health, safety and welfare of public. (dj Unless corrective measures are undertaken to alleviate these existing conditions and particularly to avoid future prbhlems in this regard, the public health, safety and qeneral welfare as specifically the property values and social and economic standards of the community will be depreciated. The abatement of these conditions will enhance the appearance and value of such properties rather than be a burden on the owners, and the abatement of such conditions will also RJM-957.0 appreciate the values and appearance of neighboring properties and benefit use and enjoymerrt of properties in the general area and will improve the general ` welfare a;�d image oP th� cit1. Sec. 21-2. Declaration of What Constitutes a Public Nuisance. � For purposes of this article, the term "public nuisance" shall mean any of the �ollowing conditions or acts: (a) Any public nuisance known nt common lam or in equity jurieprudence. (b) Any attractive nnisance which may prove detrimental to children, whether in a buildin�� on tlae premises of the buildi� ar upon an unaccypied lot, t�is includes any abandoned xell, shafts, basements or excavation; abandoned refrigerator and motor vehicles; any structurally unsDUnd fences or structures; and/or.any Iumber, trash, garbage, rubbish, refuse, fences, debris or vegetation which may prove a hazard for inquisitive minors. (c) Whatever is dangerous to human liPe or is detrimental to health as determinerl by the health:v�ficer. (d) Overcrowdir�q a room with nccupants. (e) Insufficient ventilation or illuminatiso¢�. (f) Inadequate or unsanitary sewage or pl�ing facilities. (g) Oncleanliness as determined by the hea3�h officer. (h) Whatever renders air, Yood or drink onwholesome or detrimental to the i�ealth of human beings as determined by the health officer. (i) Any condition or nse of premises or of building exteriors which is detrimental to the property of others. This include, but is not limited to the keeping ar the depositing on or the scattering over the premises of anp of the fallowing: (1) Lumber, junk, trash or debris (except in the case af lumber or junk, where the storing of • such material is specifically permitted by the zoninq regulations applicable to the premises and vhere the material is being stored in such a fashion as to not constitute a nuisance as that term is otherwise defined in the sectian�; (2) A service station that is not currently being operated as such and the condition of which (i) presents a health hazard or (ii) presents a safety hazard; (3) Abandoned, disaarded or unused objects or • equipment such as automobiles, furniture, stoves, refrigerators, f'reezers, cans or. containers; (4) .Any device, decaration, design, fence, structure, clothesline or vegetation which is unsightly by reason of fts condition. FtJM-957 .0 2 � �j) �ire hazards: Dry or dead scrub, dead trees, � comliustible refuse and waste or any material growing on 8 �k.r�Pt., stdewalk or upon private propertA by reason oP its size, manner of growth �nd constitutes a fire hazard to a building, imprv�e�a�,«, crop or other proparty, or when dry will, in reasonable probability, constitute a fire hazard. (k) po��uted water: A swimming pool, excavation, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the vater becoming polluted. Polluted water means water contained in a swimming pool, excavation, pond or other body of water. which includes but is not limited to bacterial growth, including algae, remaine of 3nsects, remains of deceased animals, reptiles, rabbish, refuse, debris, papers and any other foreign matter or material which because of its nature or location constitutes an unhealthy, or unsafe or unsiqhtly condition. � - �1j ��ic burninq: The intentional outdoor burning of any material, structure, matter or thing unless specifically authorized. �m� Refuse and waste: Refuse and waste matter which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises. Refuse and waste means unused or discarded matter and material having no substantial market value, and which consists of such matter and materials as: rubbish, refuse, debris and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, title, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of inetal, ferrous or trimmingssfromrplants�and treesiVCanshibottlesdandrts, barrels. j �n� y codes: The violation of a provision of the � following uniform codes as they have been adopted by this city: (1) the Uniform Building Code; (2) the National Electrical Code; (3) the Uniform Fire Code; (4) the Uniform Housing Code; (5) the Uniform Plumbinq Code. � ���s�� �r�inance: The violation of a provision of the land use regulations o! the city is set forth in chapter 25 of this code, as amended. (p) gse of orivate vrovertv bv vehicle: The use of private property by any form of motorized or motor driven bike, scooter or vehicle. � vain enance of nrover�vs The existence of any of the falloving conditions: RJM-957.0 3 • (1) Buildings which are abandoned, boarded up, ` partially destroyed or left unreasonably in a � R�R�e of partial construction; (2) IInpainted buildings causing dry rot, warping and tercaite inEestation; (3j Broken windows constituting hazardous conditions � and inviting trespassers and malicious mischief; (q) Overqrowth ve g e o tat �� iOn o r a p ro perty t values; to neighborin9 P Pe Y (5) Dead trees, weeds and debris: (i) constituting unsightly appearance, (ii) dangerous to public safety and welfare, °values� detrimental to nearby property or property (6) Trailers, campers, boats and other mobile equipment stored for unreasonable periods fn.front yard areas and causing depreciation of nearby property values; ��� unreas nablerperiodsn n the�pre ises depreciation of nearby property values; (8) Attractive nuisances dangerous to children in�ii) porm of: (i) abandoned and broken equipment, hazardous pools, ponds and excavations and (iii) neglected machinery. �g) Broken or discaTaearearforuunreasonablehperiods; equipment in y - (10) Clotheslines in front yard areas; (il) visible from public streetstand rightsaofswaya �lZ� visible fromspublictstreetsrforsunreasonableds and periods; (13) Neglect of premises to sp�=t�oncause�detrimental influence zone changes, values; effect upon property or property (14) Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480. (15) Property including but not limited to building exteriors which are maintained in such cond��tinn as to become so defective, and unsightly, snch condition of deterioration or disrepaiTO ert the same causes depreci=olerty or Y values of surrounding p p detrimental to proximal properties and improvements. This includes but is not limited to the keeping and disposing of or the scattering over the property or premises of any of the following: (i) lumber, jnnk, trash or debris; (ii) abandoned or d3scarded or unused objects of ", equipment such as automobiles, furniture, stoves, 4 ILTM-957 .0 .. �. � ���t� retriqerators, freezers, cana or containers; (iii) stagnant water or excavations; or (iv) any device, �` ,;_ .��� �!�,�±.�n, fence, etructura, clothesline or vegetation which is unsightiy by reason of its condition or inapproprfate location; (16) Maintenance of premises so out of harmony or � conformity with the maintenance standards of adjacent properties ss to cause substantial diminution of the enjoyment, use, or property values of such adjacent property; �� (17) property maintained (in relation to others) so as to eatablish a prevalence of depreciated values, impaired investments and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tiax receipts from such particular area are inadequate for the cost of public services rendered therein. Sec. 21-3. Declaration of Public Nuisance. All property maintained in violation of Section 21-2 is hereby declared to be a public nuisance and shall be nbated by rehabilitation, demolition, removal or repair pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcinq other City ordinances or abating public nuisances in any other manner provided by law. Sec. 21-4. Notification oE Nuisance. Whenever the City Manager finds that any premises in the City are being maintained contrary to one or more provisions of Section 21-2, he shall give written notice to the owner of the property setting forth a brief description of the condition(s) constituting a public nuisance and the sections being violated. The notice shall set forth a reasonable time limit foz correcting the violation(s) and may also set forth sugqested methods of abatement. The notice sha1T be served upon the owner ir► the manner provided for in Section 21-6. As used in this Chapter, unless otherwise indicated, the term "owner" shall mean any person owning, leasing, occupying or having charge or possession of the affected real property. � Sec. 21-5. Hearing before City Council. In the event the owner of the property Pails, neglects or refuses to comply with the notice mentioned in the preceding section, ' the City Council shall conduct a hearing to determine whether the condition oP the property constitutes a public nuisance, the abatement of which is appropriate under the police power of the City. The notice shall be served upon the owner in the manner provided for in Section 21-6. Sec. 21-6. tianner of Givinq Notice. A. Service of all notices under this chapter shall be upon the person owning the premises as such person's name and address appears on the last equalized assessment roll, and upon any person in charge or possession of the premises, either by personal delivery or by depositing a copy of the notice, enclosed in a sealed envelope with the postage thereon fully prepaid, in the United States postal servfce. If there ia no such address, the notice may be mailed to the owner in care of the property address.. Service by mail is complete at the time of deposit in IInited States Postal Service. Failure of any peraon to receive such notice ahall not affect the validity of any prxeedings hereunder. RJM-957.0 5 .. . . tiF ' .. � � 8.. Notice of the hearing before the City Council ahall be served upon tha property owner not less than ten (10) days before the timo„ ft,r�,a Fpr the lhaar.i!+?� unt.±,nR ��P k.hP hearing shall be „ ;+��a�. ��iai�y �.. ::na iolLowing Ynrmat: . � "NOTICE OF HEARING TO ABATE NUISANCE" ` NOTICE IS HEREBY GIVEN that on the day of • , 19_, at the�hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Lynwood will conduct a public hearing to determine whether the real property located nt (Street address), Lynwood, California, more particularly described as: (Lega1 Description) constitutes a.public nuisance subject to abatement by the rehabili- tation of the property, removal of trash or debris, or by the repair or demolition of buildings or structures situated thereon. The alleged conditions constituting a public nuisance are the following: (Describe conditions) If the property, in whole or in part, is found to be a ' public nuisance, and if the public nuisance is not properly abated by the owner or person in charge thereof as directed by the City Council, then it shall be abated by the City, in which case the cosfs incurred by the City will be assessed upon the property and shall become a lien against the property until paid. All persons having any objection to, or interest in, this matter may appear at the hearing, at which testimony and other evidence will be taken and given due consideration. DATED this day of , 19_. CITY OF Lynwood City Manager (or Designee) .. C. The City Manager, in his discretion, may combine the notices required by Sections 21-3 and 21-4 into one notice, or he may qive both such notices at the same time. D. Where the City Manager determines that the condition of the property presents an imminent peril to life or adjacent property, he may dispense with the notice required by Section 21-3 and give notice of a hearing before the City Council pursuant to Section 21-4, in which case the hearing may be scheduled not less than five (5) days from the date oY the notice. Notice of a hearinq under this subsection shall be given by personal delivery to the owner, by mail through an establfshed overnight mail delivery service, by telegram, by telephone, or by such other means as is reasonably calculated to immediately advise the owner of the hearing. The notice shall state the grounds upon which the provisions of this subsection are invoked. RJM-957.0 6 . � ° � j � Sec. 21-7. Hearing By City Council.` f _ At the time stated in the notice of hearing, the City '. .:_ :._u V��1�Jj4L'L ��i 'reie�u�i.,, _�sue�;c�, i:��luding, but not limited to, testimony from ownera, City personnel, witnesses and other intereated parties, and may consider etaff reports and other written evidence relative to the matter. The hearing may be � continued Prom time to time. Upon the conclusion of the hearing, the City Council shall, based upon the evidence presented, determine whether the property, or any part thereof, constitutes a public nuisance within the meaninq of Section 21-2. If the City Council finds that the property constitutes a public nuisanca, it.shall order the public nuisance gbated vithin a reasonable time. The City Council's decision shall be by Resolution, which shall contain findings upon which its determination is based. The Resolution shall contain a description of the method of abatement necessary to comply with the order and etate that.i! the public nuisance is not abated within the time permitted by the City Council, the City Manager shall be authorized to enter upon the premises for the purpose of abating the same. Sec. 21-8. Service on Owner of Resolution Orderinq Abatement. A copy of the Resolution ordering the abatement of the public nuisance shall be served upon the owner or other persons having an interest in the affected premises, in accordance with trie provisions of section 21-6. ' � Sec. 21-10. Abatement by Owner. The property owner shall have the right to have the nuisance abated at his own e�ense, provided the such abatement is commenced � prior to the expiration of the period of time set forth in the City Council's Resolution and thereafter diligently and continuously prosecuted to completion. The time set for abatement,.upon good cause shown, may be extended by the City Council. Sec. 21-11. Abatement by City Manager. If the public nuisance is not completely abated in the manner and within the time set forth in the City Council's �Resolution, then the City Manager may cause the same to be abated by City forces or private contractor, and entry upon the property for such purpose is hereby expressly authorized. Sec. 21-12 Record of cost of abatement. The City Manager shall keep an accounting of the cost, including incidental expenses, of abatement oP the public nuisance for each separate lot or parcel oP land where the work has been done, and shall render an itemized report in writ3ng to the City Council showing the cost of abatement, including salvaqe value, if applicable; provided that before the report is submitted to the City Council for approval, a copy of the same shall be posted for at least five days npon the premises of property upon which said buildings or structures were situated, toqether with a notice oP the time when said xeport shall be submitted to the City Council !or confirmation. A copy of said report and notice shall be served upon the owner of the property in accordance with the provisions of section 21-6, at least five days prior to submitting the same to tha City Council. Proof oP such posting and service shall be made by afPidavit and filed with the City Clerk. The term "incidental expenses" ehall include, but not be limited to, the actual expenses and costs of the � City in the preparation of notices, speciPications and contracts, inspectinq the work, and the costs of printinq and mailings required under this Chapter. RJM-957.0 � '. . Sec. 21-13. Report-Hearinq and proceedinqs. � '� At tha t�,... ._�t . �.. ,, , . - �_ ;:' ,..� ':`i�y �a3 , a.� a'��'i;�g ,,..a it;y,�l�� ....,. ;.i� w�....,ii�a..dil�hEd'f and pass upon the�evidence aubmitted by the City Manager, together with any objections or protests raised by any of the persons liable to the assessed for the � cost abatinq the nuisance. Thereupon the City Council may make such revision, correction or_modiPication ta tha report as it may deem just, after which, the report as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time. Sec.21-14. Assessment oP cost lien against the property. , The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordatfon in the office of the County Recorder of a Notice of Lien, it shall constitute a lien--on the property in the amount of the assessment. After the confirmation of said report, a copy thereof may be transmitted to the assessor and tax collector for the City, whereupon it shall be the duty of said assessor and tax collector to add the amount of such assessment, or assessments, to the next regular bills oP taxes levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shal� be collected at the same time and in the same manner as ordi�ary municipal taxes are collected, and shall be subjeat to the same, penalty 8nd the same procedure under foreclosure and sale in cas�: of delinquency in the manner and means provided by law. The Notice of Lien for recordation shall be in form substantially as follows: NOTICE OF LIEN (Claim of the City of Lynwood) NOTICE IS HEREBY GIVEN that pursuant to the authority vested by the provisions of Chapter 21 of the Lynwood Municipal Code, the City Manager of the City of Lynwood did on or about the day of , 19_, cause certain work to be performed upon the property hereinaEter described for the purpose of abating a public nuisance on said property; that the City Council of the City of Lynwood did on the day of , 19_, confirm and assess the cost of such abatement; that neither the cost of such abatement, nor any part thereof, has been paid to the City; that the City of Lynwood does hereby claim a lien for the cost of such abatement in the amount of the assessment, to wit: the sum of $ ; and that the same shall be a lien upon said real property until it has been paid in full and discharged of record. The real property upon which a lien ie claimed is that certain parcel of land located in the City of Lynwood, County of Los Angeles, State of California, particularly described as follows: (Legal Description) DATED this day of , 19_. CITY OF LYNWOOD City Manager RJM-957.0 8 � Sec. 21-15. Delegation of City Manager's Responsibilities. .., The City Manager may delegate the responsibilities imposed . ,. , -�--- �.-_ �-�-, � �.__... �,. :::�.,��s ��° empl�yees as . , .. . _� _ . • -� he, in his discretion, deems appropriate. Sec. 21-16. Exceptions for enclosed vehicles. This article shall not apgly to a vehicle or part thereof which is completely enclosed within a building or yard in a lawful manner where it 3s not visible from the street or other public or private property. Secs. 21-17 through 21-19, reserved. Section 2: Article II is hereby added to Chapter 21 of the. Lynwood Municipal Code as follows: ARTZCLB II GRAFFITI REMOVAL Sec. 21-20. Purpose. The purpose oP this Article 'is to provide an alternative procedure to compel the removal of grafffti from buildings and other structures. The City Council finds and determines that the presence of graffiti on buildings and other structures when visible from streets, alleys, right-of-ways and other places open and accessible to the public constitutes a public nuisance. Sec. 21-21. Authority of City Xanager to cause abatement and removal. � Upon discovering the existence of graffiti on any building or other structure, where such graffiti is visible from any street, alley, rightrof-way or other place open and accessible to the public, . the City Manager shall have the authority to cause abatement and ° removal of thereof in accordance with the procedures prescribed in , this Article. Sec. 21-22. Notice of Intention to Abate and Remove -- Contents. � A ten-day notice of intention to abate and remova graffiti as a public nuisance ehall be mailed by certified or registered mail to the persons specified in section 21-6. The notice of intention shall be substantially the followinq form: NOTICE OF INTENTION TO ABATE AND . REMOVE GRAFFITI AS A PUBLIC NUISANCE � (Name and Address of Owner/Occupant oP Property) As owner shown on the last equalized assessment roll of the property"located at , Lynwood, California, or - as a person in charge of or possession of said property, you are - hereby notffied that the undersigned pursuant to Section 21-21 of the Lynwood Municipal Code has determined that there exists upon said property qraffiti that is visible from a public street, alley, right- of-way or other place open and accessible to the public, which constitutes a public nuisance. YOU ARE AEREBY NOTIFIED to abate the nuisance by the removal of the gralfiti vithin ten days Prom the date of mailing of this notice and upon your Pailure to do so the same will be abated . RJM-957.0 9 } and removed by the City oP Lynwood and the cost thereof, together with administrative coets, assessed to you as owner of the property "' on which the graffiti ie located. YOU ARE FURTHER NOTIFIED that you may, within ten days after the mailing oP this notice of intention, request a public hearing before the City Council oP the City of Lynwood and if such request is . not received by the City Clerk within such ten-day period, the City Manager shall riave the suthority to abate and remove the graffiti as a public nuisance and assess the costs as aforesaid without a public hearing. You may appear in persan at any hearing requested by you or the occupant of the property or in lieu thereof aay present a sworn staf.ement as aforesaid in time for consideration at such hearing. Date oP Mailinq: CITY OF LYNWOOD , By. City Manaqer (or Designee) Sec. 21-23. Conduct of Hearings. IIpon request by the owner or occupant of the property received by the city clerk within ten days after the mailing of the notice specified in Section 21-22, a hearing shall be held by the .. city council on the question of the abatement and removal of the qraffiti in the manner specified in Section 21-17. If such a request for hearing is not received within the ten day period, the city manager shall have the authority to enter upon the property to abate and remove the graffiti as a public nuisance without holding a hearing. Sec. 21-24. Assessment of Administrative Costs �nd Costs of Removal. Administrative costs and the costs of zemoval incurred by � the city may be assessed as a lien against the property following a hearing held pursuant to sections 21-12 throuqh 21-14. SECTION 3: Article IV of the Lynwood Municipal Code, commencing with Section 21-50 is hereby redesignated Article iII. SECTION 4: The city clerk shall certify to the passage and adoption oP th3s ordinance and cause the same to be published in the manner prescribed by law. INTRODUCED this day of , 1988. PASSED, APPROVED and ADOPTED this day of • , 1988. PAUL H. RICHARDS, II, Mayor City of Lynwood ATTEST: ANDREA L. HOOPER, City Clerk C3ty of Lynwood APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Atto;ney VICENTE L. MAS, Director Community Development Department RJM-957.0 10 i I �z , . AG � �,, ; , :. � ; ." �� N 0. _._.�..--- {� � DATE: May 9, 1989 ' , ",' � - �1 1 P �� � _., � CAS� ��4��. __ �.� FROM: Vicente L. Mas, Director Community Development Depari:i�,�_�'. SUBJECT: Conditional Use Permit- Case No. 9 ' Applicant: Joseph Chang ' Pro osal: The applicant is requesting approval of a�Conditional Use Permit in order to build a two-story, five unit apartment building at 11215 Louise Avenue in the.R-3 zone. Facts• � 1. Source of Authority Section 25-4.5 of the Lynwood Zoning Ordinance requires that a ` Conditional Use Permit be obtain�d for any residential development in the R-3 zone. 2. Property Location The subject property is an interior lot on the west side of Louise Avenue between Beechwood Avenue and Sanborn Avenue. (Refer to � attached Location Map). It is rectangular in shape (50'x264') and measures approximately 13,200 square feet in size. 3. Existina Land Use The lot is improved with a single family dwelling unit and the following surrounding land uses: North- School East- Single Family/Mu1ti South- Single Family West- Single Family/Multi 4. Land Use Description The General Plan designation for the subject.site is Multi-Family Residential, and the Zoning Classification is High Density Residential (R-3). The surrounding land uses are as follows: General Plan: Zoning: North-Multi Residential North- R-3 South-Multi Residential South-R-3- East- Multi-Family Residential , East- R-3 , West- Multi-Family Residential ' West- R-3 r� 5. Proiect Characteristics The project is for development of.a two story, five"(5) unit apartment dwelling. Each unit will comprise of three (3) bedrooms, two baths, living room, a dining area and kitchen. ' For each new unit, an attached two car garage will be provided. Approximately 34.7 percent of the site will be landscaped. Approximately 11 percent will be allocated for useable open space. A trash enclosure will be located approximately 103 feet from the front yard perimeter. ; All areas of the site not covered by buildings, ancilliary facilities and driveway have been devoted to landscaping or open space. DISK 47:CUP9 1 , � 1 � 6. Site Plan Review The Site Plan Review Committee evaluated the proposed development and recommended revision of proposed plan subject to specific conditions: open space and density of dwelling unit size. � 7. Zoning Enforcement History None of record. 8. Public Response Staff has not received any comments with respect to this project. ISSUES AND ANALYSIS: 1. Consistency with General Plan The proposed land use is cansistent with the existing zoning classification (R-3) and the General Plan designation (Multi-Family Residential). The predominant land uses in the area are residential. Therefore, granting of Conditional Use Permit No. 9 will not be inconsistent with the General Plan. 2. Site Suitability , The subject property is not adequate in size and shape to accomodate the proposed development relative to the proposed density, bulk of the structures, parking, walls, fences, landscaping, driveways and other development features required by the Zoning Ordinance. Further, the subject property is adequately served with the required public utilities and offers adequate vehicular and pedestrian accessibility. Louise Avenue is sixty (60') feet wide in the vicinity of the project and given its status as a local street, it is sufficient for carrying the required traffic volume that would be generated by the proposed use. 3. Compliance with Development Standards The proposed deve'lopment does not meet all the standards required by the Zoning Ordinance regarding off-street parking; front, side, and rear yard setbacks; distance between structures; lot coverage, building height; unit size and landscaping. The code requires a minimum of 25$ open space landscaping; the proposed development provides approximately 34�. However, the development standards of open space and density by the applicant are not adequate to protect adjacent residential uses with respect to increase traffic in the area that may be generated by the proposed project. ' 4. 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, convenience or welfare. 5. Benefits to Community The proposed development will aid in aesthetically upgrading the neighborhood and will act as a catalyst in fostering other quality developments in the area. Furthermore, the development, if modified, would add favorably to the City's housing stock and will provide additional affordably-priced housing in furtherance of the policies of the Housing Element of the General Plan. DISK 47:CUP9 2 , 6. Environmental Assessment The project is Categorically Exempt as determined by the Cal3fornia Environmental Quality Act (CEQA) guidelines. The Categorical Exemption has been prepared, and is on file in the . Office of the City Clerk and the Community Development ' . Department. 7. Determination of Appropriate Findings Staff analysis of the proposed project include (A) Lack of Useable open space and (B) Overtilization of property. Despite meetinq the requirements to build five (5) units, the proposal specifically falls short of Section 25-4 b.2, and, in particular useable open space. Although approximately sixty four (64�) percent of the.property is open space, only nine (9�) percent is available for useable open spaces. The remainder of the open space is paved for vehicular accessibility. The lack of inadequate useable open space can be mitigated by reducing the unit size which in turn will mitigate the potential of over burdening of off-street parking created by large units. Recommendation: Staff respectfully requests, after consideration, the Planning Commission A. Adopt the attached Resolution No. 2271 with the conditions to 1) Develop three (3), three (3) bedroom units, and two (2), two (2) bedroom units; and 2) provide more useable open space. 1. The project is categorically exempt from the provisions of the State CEQA Guidelines as amended by Section 15061b(3). 2. Approving Conditional Use Permit, Case No. 9 subject to the stated conditions and requirements. OR B. Deny Conditional Use Permit Case No. 9 for the project as proposed by the applicant. DISK 47:CUP9 � 3 ..i' � � _��c'�►�'�nN nnQ,p . __ .��:_ . _� ,, „ HD , y . . �� � . . F '.. 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N/. „ ar !0 A „... �.,,. � N _ _ n _ _ �.ss ti _-0SZ- m�� i �„ ncsu nvs�s• � .. 7t , �a- n.,o s � " � _At _� o $ oin� — I� —' ��»s� b uv � — — � — �.�r Q r � Ni�� � ..�1 � in„ 2 �.... n � L �� y a �� Q K u �� • x h � ia+s _ 1— is�.� _� 4 - — !6� � .. � _ (J � l.�u I .:i i � M o a ��,.. � ���.., J $ r� !Sf � 7 . � � . k � ,_..� �e .s7 � i.+ � i�„� . �! ~ } �.,-_ if,o,... � t�s.sN. �c.��' � r RESOLUTION N0. 2271 ....- ... ........��....r.��t i +.. m�... *....�nTrcri. r.nu�.r+�nr..w7 OF THE , CITY OF LYNWO�D APPROVING CONDITIONAL USE pERMIT NO. 9 FOR CdNSTRUCTION OF FIVE DWELLSNG . UNITS CONSISTING OF THREE, THREE (3) BEDROOM AND TWO, TWO (2) BEDROOM UNITS AT 11265 LOUISE AVENUE, LyNWOOD, CALIFORNIA, IN THE R-3 (MULTI-FAMILY RESIDENTIAL) ZONE. WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public hear'ing on subject application for a Conditional Use Permit; and ` WHEREAS, the Planninq Commission carefully considered all pertinent testimony offered at the public hearing; and WHEREAS, the Community Development director has determined . that the proposal is Exempt from the provisions of the State CEQA Guidelines Section 150b1 b(3), as Amended; and WHEREAS, the site is located in the R-3 (Multi-Family ' Residential) zone, subject to the granting of a Conditional Use Permit. Section 1. The Planning Commission hereby finds and determines as follows: A. The site of the proposed use is adequate in size and shape to accommodate the structures, parking, walls, landscaping, driveways and other development features required by the Zoning Ordinance. B. The granting of the proposed Conditional Use Permit will not adversely affect the Lynwood General Plan. C. The structures as proposed, or modified, 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. D. The site will be developed pursuant to the current zoning regulations and site plan submitted reviewed and , approved by the Site Plan Review Committee. E. The proposed development will add favorably to the housing stock and will provide additional affordably priced housing in concert with the policies of the Housing 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. CUP 9, provided the following conditions are observed and complied with at all times. DISK 48:COACUP9 1 .:: _ CO DEVELOPMENT DEPARTMENT Gener 1. The proposed development sha11 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 of . said Conditional Use Permit. 3. The applicant and/or his representative shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution before any building permits are issued. 4. Construction shall be completed within six (6) month,s from date of issuance of building permits. 5. 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. PLANNING DIVISION � 6. The applicant shall contact the U.S. Post Office (Lynwood • main office) to establish the location of mail boxes serving the proposed development. 7. Landscaped areas are to be a minimum of twenty-five (25$) percent of the lot area. 8. Landscaping and irrigation shall be installed in accordance with a detailed plan to be submitted and approved by the Planning Division prior to issuance of any building permits. The minimum plant material shall be trees and shrubs combined with ground cover as follows: Single-Family: One (1) five (5) gallon shrub for each 100 square feet of landscaped area; and two (2) fifteen gallon trees for each 500 square feet of landscaped area. 9. The required front, rear, and side yards shall be landscaped and shall consist predominantly of plant materials except for necessary walks, drives and fences. 10. A minimum of five two-car garages shall be provided. 11. A six (6') foot high block wall shall be installed along the side and rear of the property, except within the twenty (20') foot front yard setback, which shall not exceed four feet (9') in height. Construction of a fence in the front yard setback is optional (not required). 12. No side yard shall be less than five (5') feet. 13. All driveway and parking areas shall be paved. DISK 48:COACUP9 2 14. The existing property shall be cleaned and maintained in a sani'tary :. conditioa pending construction and shall be ' „ .. � :L.ai a�i:i�.''::.:CZ 1L1 J t'il .a'C. [?::-� _ .. --' ..�. � ' .. .. ' '.il FaiTure to comply may result in revocation of the Conditional Use Permit.. ' BUILDING AND SAFETY DIVISION 15. Accoustical constructian materials shall be used throughout the units to mitigate freeway noise to the standards and satisfaction of the Building and Safety Division. 16. The roof shall be constructed with a non-reflective material including shingles, woodshake, asphalt composite, crushed rock and other similar roofing material that is not reflective, glossy, or polished and/or roll form type metal roofing.. 17. Residential structures shaZl have an exterior siding of brick, stucco, wood, metal, concrete, or other similar ° material other than the reflective, glossy, polished and/or . rool-formed type metal siding. 18. Final building elevations, including materials of construction, shall be submitted to and approved by the Building Official and the Planning Division prior. to issuance of any building permits. 19. Before any building permits shall be issued, the developer shall pay $1.53 per square foot for residential buildings to the Lynwood Unified School District, pursuant to Government Code Section 53080. 20. The one-bedroom units must be a minimum of 600 square feet. The two-bedroom unit must be a minimum of 900 square feet. ` 21. All front yard setbacks must be measured from inside the street dedications. 22. Prior to obtaining a building permit, the design of the exterior elevation of the building must be approved by the Community Development Director or his/her designee. 23. Trash areas shall be enclosed by a five (5') foot high decorative masonry walls with gates. 24. All building elevations shall be architecturally treated in a consistent manner, including the incorporation within the side and rear building elevations of same or all of the design elements used for the primary (front) facades. 25. To encourage visual interest, building elevations greater than 35 feet in length shall be differentiated architecturally by recessed entries and windows, designer windows, off-set planes and/or other architectural details in a harmonious manner to provide dimensional relief to the satisfaction of the Director of Cotmnunity Development. 26. The applicant submit elevation drawings to the Planning Division showing the exterior building design; including the _,. specification of colors, and materials. 27. All security fences, grills, etc. shall be architecturally compatible with the design of the subject and adjacent buildings. In addition, no securitp fences, grills, etc. sha12 be installed without the pzior written approval of the Community Development Director or his/her designee. DTSK 48:COACUP9 3 ; 28. Air conditioners, heating, cooling ventilation equipment, �'. swimmina pool pumps and heaters and aIl other mechanical ., � .. - ,,:, ., ,: ,.�d . �.v, y'�..:: raar vwrA Or ctraof sirio llevioz`o �ui1�:1i 5... lOC:%Y..... F+i u� . . yard 'of a corner lot. Such equipment sha11 be sc:reened from surrounding properties and streetuje�d and P comfort tha of they do not disturb the peace, cI � neighboring residents, in accordance with the City's Noise Ordinance. PUBLIC WORKS/ENGINEERING 29. Submit a copy of property deed or recent title report to the Department of Public Works. Applicant may be required to do a lot line adjust or parcel map. 30. Submit a grading plan prepared and signed by a registered . Civil Engineer. Property is located within 100 year flood • zone area. Pad elevations shall be 1 foot above flood level zone per flood boundary map. Also conform to all applicable codes per Section 12 1/2 of Lynwood Municipal Code. Building above flood level will require substantial amount of fill, therefore, suggest alternative methods of design to minimize amount of livable space at ground level. 31. Reconstruct damaged sidewalk along Louise Avenue. 32. Construct 24" wide gutter and asphalt pavement along property frontage on Louise Avenue. 33. Reconstruct damaged and substandard drive approach(es), per , City standards. 34. Construct two wheelchair ramp(s) at northwest and southwest corners of Louise Avenue and Sanborn Avenue. 35. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. 36. Root prune and trim 2 existing tree(s) and install root barriers at back of sidewalk. 37. Install 2 24" box street trees per City of Lynwood standards along Louise Avenue. Species to be Crape Myrtle. A permit to install the trees is required by the Engineering Division. Exact locations of the tree(s) will be determined at the time the permit is issued. 38. Regrade parkway and landscape with grass. 39. Provide and install one marbelite street pole with light fixture, underground services and conduits along Louise Avenue. 40. Underqround all utilities. 41. A permit from the Engineering Division is required for all off-site improvements. 42. All required water meters, meter service changes and/or fire protection lines shall be installed by the developer. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Public Works/Engineering Division prior to performing any work. q3. Provide proof that lot was legally created. DISK 48:COACUP9 4 _ . 44. Reconstruct damaged curb along Louise Avenue. 45.��--Remon� graffiti from sidewalk. FIRE DEPARTMENT • 46. Provide approved smoke detectors for each unit. 47. Provide one (1) approved 2A type fire extinguisher within seventy five (75') travel distance on each floor. 48. Provide a minimum 150 feet four inches (150'4" dry fire line. (Obtain specific requirements from Fire Department.) 49. Post "NO PARKING SIGNS" in driveway. 50. If security gates are installed on premises, the locking mechanism shall be of the type that does not require a key any special knowledge to exit premises. Also, provide a Knox box at entrance. APPROVED AND ADOPTED this 9th day of May, 1989, by members of the Planning Commission votinq as follows: AYES: NOES: ABSENT: ABSTAIN: Donald A. Dove, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Vicente L. Mas, Director pouglas D. Barnes Community Development Dept. Deputy City Attorney DISK 48:COACUP9 5 ' DATE : May 9, 19 8 9 a�; �`�•,,! j'� L' ---� r, ,� i,`I n____�- .. '. � i.... � . ..� � �� 1 0 Cr� • TO: PLANNING CONII�'lISSION CASL �' � _�� f # 1 I �i�1. — ' FROM: Vicente L. Mas, Director Community Development Department SUBJECT: Conditional Use Permit- Case No. 11 Applicant: Estela Mayans/Octavia Romero Proposal• The applicant is requesting approval of a Conditional Use Permit to develop eighteen (18) two-bedroom, two story apartment dwellings at 3287 Lynwood Road in the R-3 (Multi-Family) zone. Fact: ' Section 25-4.2 of the Lynwood Zoning Ordinance requires that a Conditional Use Permit be obtained in order to build or relocate dwelling units in the R-3 zone. However, upon further review staff found that the zoning classification (i.e. R-3 Multi-family Residential) is in conflict with the general plan designation (i.e. Single Family) State law prohibits local governments from processing development proposals in inconsistent areas. Recommendation: � Staff respectfully requests that the Planning Commission remove � this item from the agenda. i I DISK 48:CUP11 I I I I � I I i i � i :i : '�'. CUP 12 r DATE: MaY 9, 1989 [p ,�1'� �T. q n �f� � TO: PLANNING COMMISSION AG L ( �� .J '`� � ' • � C����r �uP FROM: Vicente L. Mas, Director ,�, _. , ,. ___.... —. Community Development Department SUBJECT: CONDITIONAL USE PERMIT -CASE NO. 12 (CUP 12) Applicant: Sergio Lopez PROPOSAL The applicant is requesting approval of a Conditional Use Permit to develop two two-story townhouses at 11670 Virginia Avenue, in the R-2 (Two-Family Residential) zone. FACTS: After reviewing the conditions of approval from the Engineering (Public works) Department prior to and at the Site Plan Review Committee meeting of April 20, 1989, the applicant decided not to go forward with the development at this time. His decision was based on the cost involved in the construction of the proposed dwelling units in relation to the Engineering Department's Flood Plain Map. Attached please find a copy of the letter from the applicant on the above matter. i Recommended Action Staff respectfully request that this item be removed from the agenda until such time that the applicant decides to go ahead with the proposed project. � I f I � � � I I � I f i i � I DISK 47:CUP12A i � � �. 1 ' a �� . SBRGIO LOPEZ 8409 FLOftENCE # 202 DOWNEY, CA. 90240 MAY 3rd, 1989 CITY OF LYNWOOD ATTN: VICENTE L. MAS 11330 BULLIS RD. LYNWOOD, CA. 90262 DEAR MR. MAS: THIS IS TO REQUEST A CONTINUANCY FOR THE PROJECT AT 11670 VIRGINIA AVE. FOR THE NEXT REVIEW BOARD MEETING. DUE TO THE NEW FLOOD REGULATION MY CUSTOMERS ARE I REVIEWING THE POSIBILITY OF GOING TO A THREE STORY PROJECT OR MOST PROBABLY TO WAIT AT LEAST ONE MONTH TO SEE IF THE CITY COULD I SOLVE IN A DIFFERENT WAY THE FLOOD REQUIREMENTS. AS SOON AS I HAVE AN AhSWER FROM MY CUSTOMERS I WILL GET IN I TOUCH WITH YOL'. SINCERELY, ; � /' I SER 0 L E' I I i � � I I i I I � i f I I 1 ' � i ��� � A ���:,,t-,,�, ;� - - . � � �� ; �_:, , , : : � . __.__ ---�� DATE: May 9, 1989 i I T r I� �� ' - C�' �;_ ;•.., �, TO: YLAt. .l':�iG ;;al �d� �l �. t Y ., __... _.....__ ....�...-„�q FROM: Vicente L. Mas, Director Community Development Department . SUBJECT: TENTATIVE PARCEL MAP NO. 21029 - CASE NO. TPMS � Applicant(s): Robert Terrell PROPOSAL: • The applicant is requesting approval of Tentative Parcel Map (No. 21029) for the purpose of consolidating three parcels, that run in a North-Southerly direction between Long Beach Boulevard and School Street in the C-2A (Medium Commercial) zone. FACTS 1. Source of Authority. Section 25-18, et seq., Subdivision Requlations 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 consolidation of several lots into a single parcel. 2. Propertv Location. The subject parcels are located on the northwestern corner of Long Beach Boulevard at Cedar Avenue.(Refer to attached Location Map.) 3. Existing Land Use I One of the parcels is currently developed with an existing building but the other two parcels are vacant with the I following uses: i North - Medium Commercial East - Medium Commercial � South - Medium Commercial West - Medium Commercial � i 4. Land Use Desianation. � i The General Plan designation for the property is Commercial; � the zoning classification is C-2A (Medium Commercial). � The surrounding land use designations are as follows: j I General Plan Zonin ; North - Commercial C-2A � South - Commercial C-2A i East - Co�mnercial � � West - Commercial C-2A � 6. Site Plan Review. � At its regular meeting on April 20, 1989, the Site Plan ; Review Committee recommended approval to the Planning � Commission subject to the conditions in the attached resolution. � i DISK 47: TPM5 � ( I � � � I 1 ANALYSIS AND CONCLUSION Environmental Assessment. The Community Development Department has determined that the project could not have a significant effect on the environment. Therefore, a Notice of Exemption has been prepared and is on file in the Community Development Department and the office of the City Clerk. Staff analysis of this proposed lot consolidation include the following findings: (a) Design of the proposed site; and (b) Consistency of the proposed site with the General Plan. Desian of the proposed site consolidation a. The design of the proposed lot consolidation shows the consolidated lots to be in character with existing Commercial developments in the area. b. The proposal is meant for the consolidation of three lots in order to allow better utilization of the property. c. The site is physically suitable for the type and proposed density of the development permitted by the General Plan and zoning ordinance in that the parcels are substantially flat and able to support the type of development proposed. Consistencv of the site with the General Plan a. Staff's inspection shows the site to be compatible with the City of Lynwood's General Plan as the General Plan limits land use activities to those projects that enhance the I function and quality of residential developments without � altering significantly the character of the existing environment. � i b. The size and location of the proposed project does not � significantly change the character of the existing � environment. � c. The proposed consolidation is consistent with the Zoning � classification of C-2A and the General Plan designation of ' Commercial. � RECOMMENDATION(S): � I Staff respectfully requests that, after consideration, the � Planning Commission adopt attached Resolution No. 2274. ; ,� 1. Finding that Tentative Parcel Map No. 21029, Case No. 5, will not have a significant effect on the environment and � is therefore exempt. I 2. Approving Tentative Parcel Map Case No. 5, subject to the � stated conditions and requirements. i Attachments: i i 1. Location Map � 2. Resolution No. 2274 i 3. Tentative Parcel Map No. 21029 i I i DISK 47:TPM5 � i I 2 _ . I , . LOCATION MAP ; � 'O1 � ��'` q� � 117 . �� � '� � � 'o . .. _ .� m � � .s �o � �� � � �� � ' . : �i' 1 R � rs I p � d � . j• 6 _ .� � � � I ' , p � � 3 � �w � I ^ � �d [ � / RC/N/,� ' � � ° � � •' ti ' 1. . � �s I ' • . .sy . P � � �P I � � �� rl "� a. q 1 p �h�� . +�,� �.3� � � 1 ' �r � � . . r � � � IR 1� . �! n � ro v � J? ,��� r � w ' so� tr7+�p '' •�I a � `y "� � � �� b . I M o 4 ".: , �J � `� `� i '° n a '°° � , � � " si `' n" °+ '�' � : M � r "'°"' . Q '�t'.�. � _ �C ay �`y h � ' o - , b �, � c� SM �Q,- . 8 " � e � v � AG � ^°� ro �l � a a �io e .. � � �,1 � �'ES y 1 �J y p 7!I v �s h� � i � M � � i � n 1oi �e / oi �B � ,� v�' � J, 0 r x ei �M ro � �' ��v � na� ' ia .a�� ��wi� a+ s� es ^' .Y �o v {� � � � �d a. � T e � ro v .).• .�y. � )°) � �/)N Q � ' �p� � ' .A �I �y AS��OS It� A ��o'so .� J,�a /?3 � M� i� ' +o �+�i . h v � � � � //p .(� � • � i � � �yEMUf JJY�F.%P � b � M � '`� � // ^5 // ( �o Q � . o � . o v � � ��3 ii1 ii, ° �� � b � �s � 3 `7 � 9 • , . �, � � i '��' a � M ��° _ wro ��;io m �as �r� ,� �� �/ � v �, � �I ' v I � � i�� q.D . � �� �y GU ty V � v �pll i V � 4a. �'1 /� v �+ �. � I W • /9� .� �.•� v I � �7� /.ib � 'y� n I , � � i I � � ,,, , ,,, : Q : � _ ; � ,� ,� � ` I � �.'y��iy ��dl A a b � QN � � � (� � � ^) � • !b I � �'S !7 � '!` � � 1 � � ''�^ ���n � � . � r6? . I 8. � . . �', . �p ��A� ' p � � �O �, �� � P . �: � a �y .ru � . � d S �� ' J'�e qq �h � �^ �� ' iao �l �s ^� ro � n, 3° � u � �. � J�' 6 °' ° �7/no/ p 1 � � o r � . ^� � ro � p ° ' !62 t.a� h � � 6 ` • ��b� � i ( � �, '�� '�i i� „ �y .. � e,s� ^� '� v �7? � �. I / � �ts " � . � f"� I�� 1�,� i I , �'� � I � � � e � �� ro M'c C• I � I J I " ��. . '° „' ° J ��' av �. ,; ' I I � °°t �' � e,t� r� a o �� ,a�� e �'�; n are �l � ' ' � � i i . ^' . � / ° ;"' ^ � at9 � � •'� \ „�'� � .M- T ^ ° n s � ' � • i � . a �� I _ ��° row, a�° 3 ^ / B UHrpA, -� ' "{' •n .�� 5 �� ,^ I 1 e � 7' .. . ....:_. .: � . . ��' •cn� ._ �� 'I i � C�4�E � i PM �. , , � N ; J� � w i � , �: r ,�. � RESOLUTION NO. 2274 A RESOLUTION OF THE PLANNING CONIINISSION OF THE , CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 21029 TO COMBZNE LOTS 835, 836, AND 837, OF TRACT NO. 3078 MB 31-48 PER MAP RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY. 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 Parcel Map is required for development; and Section 1. The Planning Commission does hereby find and determine that said Tentative Parcel Map No. 21029 should be approved for the following reasons: A. The combination of lots meet all the applicable requirements and conditions imposed by the State Subdivision Map Act and the Subdivision Regulations of the Lynwood Municipal Code. i B. The proposed combination of lots is consistent with the � applicable elements of the General Plan and the i Official Zoning Ordinance of the City of Lynwood. i i C. Proper and reasonable provisions have been made for � adequate ingress and egress to the lots being combined. ! I D. Proper and adequate provisions have been made for all � public utilities and public services, including sewers. j Section 2. The Planning Commission of the City of Lynwood ; hereby approves Tentative Parcel Map No. 21029 in the C-2A ; (Medium Commercial) zone, subject to the following conditions j Communitv Development Department Conditions ! 1. The applicant shall meet the requirements of all other City � Departments. 2. The applicant, or his representative, shall sign a � Statement of Acceptance stating that he has read, � understands, and agrees to the conditions imposed by the Planning Commission, before any building permits are issued. ! I � � � i DISK 47:RES02274 ' ; i 1 I ,; Planning Division Conditions 3. Within twenty-four (24) months after approval or conditional approval of Tentative Parcel Map, the subdivider shall file with the City of Lynwood, a Final Map in substantial conformance with the Tentative Parcel Map as approved or 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 recordation of final map or another appropriate instrument approved by the City of Lynwood, a Final Map in substantial conformance with the Tentative Parcel Map as approved or conditionally approved, and in conformance with the Subdivision Map Act and the Subdivision Regulations of 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 Final_Parcel Map shall be filed with the City Engineer of the City of Lynwood. Department of Public works/Engineerina Conditions 7. 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 ordinances, standards, and procedures of the City's Development Standards, Enqineering 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. 8. Submit a Subdivision Guarantee to this office. The final map shall be based on a field survey or record data if sufficient data is available. All surveying for the proposed development will be done by the Developer, i including the establishment of centerline ties. Enclose ; with the final map the surveyor's closure sheets. i 9. Developer shall pay all applicable development fees I including drainage, sewer, water and parkway trees prior to i issuance of any buildings permits. � Pay Parcel Map checking fees prior to checking. � Pay $100 monument checking fee prior to recordation � Deposit $50 with City Engineer to guarantee receipt by City I of recorded, reproducible mylar, parcel map prior to recordation. I I DISK 47:RES02274 i 2 ! I All 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 prior to recording of the final map. 10. Grading and Draining � A grading plan signed by a registered Civil Engineer shall be submitted for the approval of the Director of Public Works/City Engineer and the Director of Community Development. The grading plan shall include the topography of all contigous properties and streets and shall provide for the methods of drainage in accordance with all applicable City standards. Retaining walls and other protective measures may be required. Offsite drainage easements may be necessary. The structural section of all parking areas shall be designed by a Civil Engineer based upon soils analysis supplied by a recognized and approved soils engineering firm. The structural section shall be approved by the Director of Public Works/City Engineer. In the event that the design is not provided, the minimum structural section that will be approved by the Director of Public Works/City Engineer would be 2 inches of asphalt on 4 inches of untreated rock base. Submit to this office a Geologic/SOils Report signed by a Registered Soils Enqineer. 11. Sewers The development shall be provided with public sewers. Connect to public sewer. Provide laterals as necessary. � Design of all sanitary sewers shall be approved by the I Director of Public works/City Engineer. ' I 12. Water Systems I The Developer shall construct a water system including I water services, fire hydrants and appurtenances through the i development as required by the Director of Public � Works/City Engineer. The Developer shall submit a water � system plan to the City of Lynwood Fire Department for fire � hydrant locations. The City will install water meters only. Payment for said meters shall be made to the City prior to issuance of building permits. The Developer shall � install on-site water facilities includings stubs for water � meters and fire hydrants on interior and on boundary arterial streets. � All conditions of the Lynwood Fire Department must be met � prior to recordation. I 13. Public Easements and Right-of-way � Where drainage, sewer and other such easements are i required, the minimum easement width shall be ten (10) feet to facilitate maintenance unless otherwise approved by the I Director of Public Works/City Engineer. i Dedicate a ten (10) £oot wide strip of property along Long I Beach Boulevard. Dedicate a ten (10) foot wide strip of property along Cedar Avenue. Dedicate sufficient property at northeast corner of Cedar Avenue and Long Beach i Boulevard to accommodate a radius. ( I ' DISK 47:RES02274 ' I 3 � i I � � 14. Sidewalks Design, configuration and locations shall be subject to the approval of the Director of Public Wroks/City Engineer, and the Director of Community Development. Ramps for . physically handicapped persons shall be provided both on- site and off-side as required by State and local regulations. 15. Dust Control and Pedestrian Safety Prior to the issuance of demolition or grading permits, the developer shall: a. Submit a plan indicating safety methods to be provided to maintain safe pedestrian ways around all areas of construction. This may require proper and adequate signs, fences, barricades, or other approved control devices as required by the Director of Community Development. 16. The Developer shall install all public improvements, as required by the Director of Public Works/City Enqineer prior to issuance of any occupancy permits for this development. Public Improvements shall include but are not limited to: a. Reconstruction of PCC sidewalk along School Street. b. Construction of new PCC sidewalk along Long Beach Boulevard and Cedar Avenue in conjunction with widening of said streets. c. Construction of new PCC curb and gutter along Long Beach Boulevard and Cedar Avenue, in conjunction with widening of said streets. d. Construction of (2) wheelchair ramps at southeast and northeast corners of Long Beach and Cedar Avenue. e. Installing marbelite street lights with underground services and conduits. f. Planting (10) parkway tree (eucalyptus) along Long Beach Boulevard and School Street. g. Construction of (16) tree wells with concrete covers along Cedar Avenue, Long Beach Boulevard and School Street. h. Underground all utilities. i. Construct five foot wide planter to separate sidewalk from parking area. j. Prepare and submit street improvement plans for Cedar Avenue and Long Beach Boulevard in conjunction with street widening. DISK 47:RES02274 ' � i � f 4 I I � t. ' ;;;,, ;^��:,�_ocate all existing street lights, traffic signal 1'egs and underground vaults in conflict with proposed' street widening on Long Beach Boulevard and Cedar Avenue. - All changes and repairs in existing curbs, gutters, and sidewalks and other public improvements shall be paid for by the developer. If improvements are to be guaranteed, a faithful performance bond shall be posted by the developer to guarantee installation of said public improvements and an agreement for completion of improvements with the City Council shall be entered into. Submit Policy of Insurance or bond protectinq City against damage or injury to persons or property growing out of, related to, or resulting from improvements or work. The Director of Public Works/City Engineer will determine amount and form. Deposit with the Director of Public Works/City Engineer before commencing any improvements, a sum estimated by the Director of Public Works/City Engineer to cover cost of inspection of all improvements under his jurisdiction. Section 3: A copy of Resolution No. 2274 the conditions shall be delivered to the applicant. APPROVED and ADOPTED this 9th day of May 1989, by members of the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: Donald A. Dove, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Vicente L. Mas, Director pouglas D. Barnes Community Development Dept. Deputy City Attorney Disk 47:Reso2274 5 S�� ! MINUTES OF A REGULAR MEETING �: PLANNING COMMISSION CITY OF LYNWOOD, CALIFORNIA TUESDAY, MAY 9, 1989 OPENING CEREMONIES � A. Call to order The regular meeting of the Planning Commission of the City of Lynwood was called to order by Chairperson Dove on the above , captioned date at 7:30 p.m., in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood, California 90262. S. P1�3ue of Allegiance Commissioner Willis led the Pledge of Allegiance. C_ Roll Call of Commissioners Chairperson Dove requested the roll call, and Planning Manager Fenderson complied. Present: Commissioner ponald A. Dove Commissioner Lena Cole-Dennis Commissioner John K. Haynes Commissioner Roy Pryor Commissioner David J. Willis, Jr. Mr. Fenderson informed the Commissioners that Commissioner Kanka had requested an excused absence. MOTION by Commissioner Iiaynes, SECONDED by Commissioner Willis, to granE Commissioner Kanka an excused absence. Also present: Rich Morillo, Attorney Andrea Hooper, City Clerk Aubrey D. Fenderson, Planning Manager Authur Barfield, Planning Associate Andrew B-Pessima, Planning Technician Vicente L. Mas, Community Development Director Toufic Semaan, Civil Engineering Assistant Joy Valentine, Minutes Clerk Approximately eight people were in the audience. i D. Certification of Agenda Posting � ; Mr. Fenderson stated that, per the Brown Act, the agenda had been duly posted. � E. Approval of Minutes Mr. Fenderson and the Commissioners discussed the errors on pages 7 and 9 of the April 11, 1989, minutes. The vote taken on page 7 should read: I AYES: Commissioners Cole-Dennis, Dove, Penalber, Pryor and willis � � NOES: None ABSENT: Commissioner Kanka . � ABSTAIN: Nane I Disk 5: PCO50989 � � l 1 i I � On Page 9, there were two votes recorded and the first vote , taken should read: ° AYESi Commissioner5 Cole-Dennis, Dove, Penalber NOES: None , � ABSBNT: Commissioners Haynes, Kanka, Pryor � ABSTAIN: Commissioners Haynes, Pryor, Willis The second vote taken should read: AYES: Commissioners Cole-Dennis, Dove, Penalber " NOES: Commissioners Haynes, Pryor, Willis ABSENT: Commissioner Kanka ABSTAIN: None It was noted by staff that under Commission Orals on the March 14, 1989, meeting, Commissioner Cole-Dennis was recorded as havinq two unexcused absences. In actuality, Commissioner Cole- Dennis has always been present or granted an excused absence � except for one time. That time she was out of town and requested an excused absence which was not granted. Upon return, Commissioner Cole-Dennis registered her indignation because she is a single working parent who had to be out of town at the time of the meeting and other Commissioners have been qranted excused absences when they requested same because they were out of town at the time of the meeting. MOTION by Commissioner Penalber, SECONDED by Commissioner Willis, to appove the minutes of March 14, 1989, and April 11, 1989, as corrected. MOTION carried by the following vote: � AYES: Commissioners Cole-Dennis, Dove, Haynes, Penalber, Pryor, Willis NOES: None ABSENT: Commissioner Kanka ABSTAIN: None Swearing In of New Commissioners City Clerk Andrea Hooper stated that the City Council vacated the Commission at the April 27, 1989, City Council meeting and then voted to reinstate Commissioners Cole-Dennis, Dove, Kanka, Haynes, Pryor and Willis. All commissioners reinstated will serve out their terms as originally set by their appointment dates. Carlton McMiller was appointed as the seventh Commissioner and Jamal Muhsin was appointed as an alternate to serve as long as Commissioner Kanka is recuperating from the automobile accident in which she was injured. City Clerk Hooper then administered the pledge to the two men. Chairperson Dove welcomed the new Commissioners. _. Reorganization of Planning Commission Commissioner Cole-Dennis nominated Chairperson Dove for another term as Chairperson and the nominatian was seconded by Commissioner Willis. DISK M5:PCO50989 2 � Commissioner Willis closed the nominations. Chairperson Dove retained his position as chairperson by the following vote: AYES: Commissioners Cole-Dennis, Dove, McMiller, Muhsin, Willis NOES: Commissioner Pryor, �aynes ABSENT: Commissioner Kanka ABSTAIN: None Commissiorier Pryor, seconded by Commissioner Willis, nominated Commissioner Haynes as Vice-Chairperson. Commissioner Haynes received the only nomination and he became Vice-Chairperson by the following vote: • AYES: Commissioners Dove, McMiller, Muhsin, Pryor, Willis NOES: Commissioner Cole-Dennis ABSENT: Commissioner Kanka ABSTAIN: None CONTINUED PUBLIC HEARINGS: 1. Conditional Use Permit Case No. 2 11300 Spruce Street (Lynwood Unified School District) ; A School District representative in the audience asked if this could be deferred until Joe Battle arrived at the meeting. Chairperson Dove asked the Commissioners and all agreed that Item No. 1 could be skipped until the representative arrived. 2. Variance Case No. 2 10971 San Vicente Avenue (Ceneyda Reyes) Applicant requests approval of a parking variance that would allow her to provide only three one-car garages rather than � the required six parking spaces. Staff has made many attempts to reach the applicant's consultant without success. Staff requests that this item be continued to the Planning Commission's regularly scheduled meeting of June 13, 1989. MOTION by Commissioner Pryor to continue Item No. 2, Variance Case No. 2, to the next regularly scheduled meeting of the Planning Commission on June 13, 1989, SECONDED by Commissioner Willis. . DISK MS:PCO50989 3 MOTION carried by the following vote: •.�,, i.Yi:S: ..�nur,��siori�rs ilove, ,�aY..�s; �icMiller, Muhsin, Pryor, Willis NOES: Ccle-Dennis � ABSENT: Commissioners Kanka ABSTAIN: None • 3. Zoning Ordinance Amendment Case No. 2 Regulatina Property Maintenanc Citywide Staff proposes to amend Chapter 25, the official Zoning Ordinance, with respect to property maintenance Citywide. It was recommended by staff that the Commissioners should review the proposed ordinance and consider same at their next regularly scheduled meeting on June 13, 1989. Mr. Mas informed the Commissioners that staff will be glad to discuss the material with them if they should so desire, as long as there are not enough of them present to constitute a quorum. MOTION by Commissioner Pryor, SECONDED by Commissioner Haynes, to continue Zoning Ordinance Amendment Case No. 2 to their next regularly scheduled meeting of the Planning Commission on June 13, 1989. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Haynes, McMiller, Muhsin, Pryor, Willis NOES: None ABSENT: Commissioners Kanka ABSTAIN: None NEW PUBLIC HEARINGS 4. Conditional Use Permit - Case No. 9(CUP 9) 11331 Wright Road, Lynwood (Jose L. Lopez) Applicant requests approval in order to build a two-story, five-unit apartment building in the R-3 zone. Chairperson Dove opened the Public Hearing and Joseph Chang, 4333 E. Slauson Avenue, Maywood, rose to introduce his daughter Sun Fon Chang, same address, who read from a prepared text. Ms. Chang stated they had worked very hard and their proposal should be approved because their design meets all minimum requirements. She stated they are providing 40� more landscaping than the minimum requirement. � Mr. Fenderson stated that the City of Lynwood is not legally required to accept the minimum requirements. The Lynwood zoning ordinance does not reflect the present problems of Lynwood, such as the constantly increasing population, which results in parkinq problems requiring more spaces plus the need for additional open space for children to play and adults to relax. He stated that if four adults, each with one car, move into a unit, and two spaces are provided, then that means two cars parked on the street. 4 � . ..f. �� � } . � .. pA Mr. " �.� �'c* ;,a ... `-"-'"�a `-he ��:nmission that staff � originally requested� only four units and, while they are willing to accept five units, they are unwilling to accept five three-bedroom units as now proposed by.the Chang family. Mr. Chang stated their present design is the best they have , been able to provide but they are willing to compromise and try a new design. Commissioner Haynes stated that staff has been working on this proposal, and the Changs must understand that the Commissioners want adequate open space and adequate parking spaces. He informed *he Changs that the Commission is not . required to accept the absolute minimum requirements of the City Code, the Commission would not be needed if only minimum requa.rements were going to be the rule in Lynwood. He added the staff is now working on a new parking ordinance to alleviate the present parking problems in Lynwood. Chairperson Dove asked if anyone else was present who wished � to speak in favor of the proposal. There being no one, he asked if anyone wished to speak against the proposal. Patricia Carr, 3842 Le Sage, rose to state hat her daughter attends Hosler Junior High School, built to accommodate 1700 students and now accommodating 2500 to 2600 students. She stated that Washington Elementary School is also overloaded with student:s. She added that the Board of Education has appealed to the City of Lynwood for a moritorium on housing permits at this time. They are not asking for a total stop, just a resting period for the present time, she said. Joe Battle, 4304 Carlin, who both works for the Lynwood Board of Education and lives in Lynwood, stated that the the Board. of Education wants low growth, not no growth, but low growth, at this time. He went to Sacramento to ask for two bond issues in order to raise more money. He stated he has seen townhouses that are already built and can't be sold so now the builders are trying to rent them with little success. There being no one else wishing to speak, Chairperson Dove closed the Public Hearing. Commissioner Cole-Dennis stated her agreement with °. Commissioner Haynes. Commissioner Cole-Dennis remembered a staff report in December or January that stated not enough building is taking place in Lynwood. - Mr. Mas stated the problems are not a result of overdevelogment, but a very large increase in population, which means there is a larqe increase in population in existinq units, resulting in overcrowded living conditions. Mr. Mas stated his desire to control density and added that this could be a nice project if properly designed. MOTION by Commissioner Haynes to continue Conditional Use Permit - Case No. 9 to the next regularly scheduled meeting of the Planning Commission on June 13, 1989, SECONDED by Commissioner Willis. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Haynes, McMiller, Muhsin, Pryor, willis DISK MS:PCO50989' 5 v NOES: None ABSENT: Commissioner Kanka ABSTAIN: None . 5. Conditional Use Permit - Case No. 11 , 3287 Lynwood Road (Estela Mayans) Mr. Barfield suggested that the Commission table, not.remove, this item until the inconsistency between the zoning map and the general plan map is resolved. Mr. Fenderson stated this would probably be a year or so into the future because staff is now at work revising both the gener�l plan and 2oning laws. MOTION by Commissioner Pryor, SECONDED by Commissioner Haynes, to table Conditional Use Permit - Case No. 11 until the inconsistency between the zoning plan and the general plan has been resolved. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Haynes, McMiller, Muhsin, Pryor, Willis NOES': None ABSENT: Commissioner:� Kanka ABSTAIN: None At this time, it was decided to return to Item No. 1. 6. Conditional Use Permit - Case No. 2 11300 Spruce Street (Lynwood Unified School District) Chairperson Dove opened the Public Hearing and Joe Battle, 4304 Carlin, rose to state that a continuing problem has been that the School Board holds their meeting on the second Tuesday of every month, just like the Planning Commission. Now, he added, there will be a School Board representative present at every Planning Commission meeting. Darrin McGavin, 3775 lOth Street, Riverside, the architect of the proposed buildinq, stated it will take about a year to finish the building. A1 Penalber, 3775 Lugo, rose to express his appreciation for having been a part of the Commission for one year and four months, welcomed the new Commissioners and expressed his opinion that the Commission should work both with the School Board and the general public. There being no one else wishing to speak, Chairperson Dove closed the Public Hearing. . MOTION by Commissioner Haynes, SECONDED by Commissioner Willis, to approve Resolution No. 2256, "A RESOLUTION OF THE CZTY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT (CUP) NO. 2 TO CONSTRUCT A TWO-STORY ADMINISTRATIVE OFFICE BUILDING IN THE CF (COMMUNITY FACILITIES) ZONE, subject to the stated conditions and requirements, finding that said CUP carries out the intent of Ordinance No. 1318, will not have a significant effect on the environment and certifying the Negative Declaration as adequate. DISK MS:PCO50989 6 MOTION carried by the following vote: " AYES: Commissioners Cole-Dennis, Dove, Havnes, Penalber, Pryor, Willis NOES: None ABSENT: Commissioner Kanka ABSTAIN: None 6. Conditional Use Permit Case No. 12 � 11670 Virginia Avenue (Sergio Lopez) Applicant requests approval to develop two two-story townhouses in the R-2 zone. Applicant has decided to stop the development at this time, due to the cost involved in the construction because of requirements by the City based on the project's presence in the flood area. MOTION by Commissioner Cole-Dennis, SECONDED by Commissioner Pryor, to table Conditional Use Permit Case No. 12 until such time as the applicant decides to proceed. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Haynes, McMiller, Muhsin, Pryor, Willis NOES: None ABSENT: Commissioner Kanka ABSTAIN: None 7. Tentative Parcel Map No. 21029 Northwestern corner of Long Beach Boulevard at Cedar Avenue (Robert Terrell) Chairperson Dove and the other Commissioners discussed the map with Mr. B-Pessima. Mr. Mas showed an error in the map to the Commissioners. Chairperson Dove opened the Public Hearing and Robert Terrell, 13424 Hawthorne Boulevard, Hawthorne, the architect of the proposed project, accepted all conditions required by the City. Commissioner Cole-Dennis asked Mr. Terrell what he planned to build and replied that there would be a family restaurant in the existing building. The building will be extensively renovated by the King Taco Restaurant chain, a responsible firm, he added. Mr. Terrell stated that the King Taco Restaurant chain does not serve alcohol in any of their other restaurants and do not plan to serve alcohol at this site. Mr. McMiller asked the number of people who could be served in the proposed restaurant and Mr. Terrell replied, "75". There being no one else wishing to speak in favor or in opposition, Chairperson Dove closed the Public Hearing. DISK MS:PCO50989 7 MOTION by Commissioner Hayne�, SECONDED by Commi.�sioner Willis, to adopt Resolution No. 2274, "A RESOLUTION OF THE PLANNING • COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 21029 TO COMBINE LOTS 835, G�::, l'.::% "'�'-, �F TRACT NO. 3078 iQL' 31-48 PER MAP RECORDED IN THE OFFSCE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY," subject to the .stated conditions and requirements, and finding the project will not have a significant • effect on the environment and is therefore exempt. MOTION carried by the following vote: AYES: Commissioners Cole-Dennis, Dove, Haynes, McMiller, Muhsin, Pryor, willis NOES: None AHSENT: Cormnissioners itanka ABSTAIN: None REGULAR ORDER OF BUSINESS None STAFF COMMENTS: Mr. Barfield distributed a memorandum about itesolution No. 2217, for Conditional Use Permit 88057, which is for the sale of automobiles and minor automobile repair as required to make the cars saleable, at 12123 Long Beach Boulevard. At this time, CUP 88507 has been approved by the Pianning Commission, ' the Building Department has approved plans, a field check has been made and now the applicant must submit approved grading plans in order to obtain building permits for the proposed development. Mr. Battle asked the City to order modernization of the bathrooms to accommodate handicapped persons through Code Enforcement so he can go to Sacramento to get the money to pay for same. COMMZSSION ORALS: Commissioner Haynes discussed the special City Council meeting held last month and their desire to increase the public's knowledge of the hearings held in this building. Chairperson Dove stated he wants the public to know the Commissioners don't just settle for the absolute minimum requirements. Commissioner Pryor stated that the town of Cudahy does not permit the parking of cars on any City street durinq the hours of 3:00 a.m. to 6:00 a.m. and wondered if this could become the law in Lynwood. Mr. Mas replied that the problem is the cost of enforcing said law. He added that a recommendation could be made to the Traffic and Parking Commission. Commissioner Pryor stated that the fines paid for tickets would probably pay the Code Enforcement Officer's pay. Commissioner Cole-Dennis would like to see a program developed that would inform residents about required permits. Mr. Mas stated it would require a pamphlet of two to three pages to explain permits and when they are required. Commissioner Cole- Dennis replied she doesn't want itemized information, just make sure residents understand they have to have permits for even small things, like adding aluminum awnings to their homes. DISK M5:PCO50989 8 , PUBLIC ORALS: None ADJOURNMENT: MOTION was made to adjourn by Commissioner Pryor, SECONDED by Commissioner Willis, and carried unanimously. The meeting adjourned at 10:12 p.m. . Donald A. Dove, Chairperson ATTEST: APPROVED AS TO FORM: Aubrey D. Fenderson, Manager pouglas D. Barnes. Planning Division . Deputy City Attorney Disk 5:PCO50989 9