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Home My Public Portal About11-09-2004 PLANNING COMMISSION (2) t ,� : c�t�� of ��'l�TWOOI) � � s� .,.,.�E.��.��. ��'�� v4 City vUeeting Ch�PPenges �� i . 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603-0220 AGENDA � LYNWOOD PLANNING COMMISSION i I REGULAR MEETING - 6:30 P.M. - CITI( HALL COUNCIL CHAt�1�ERS + �?-�� P <�- ��c ; 11330 BULLIS ROAD r i , � � : �� ; _� _-. �; ; LYIVVI/OOD, CA 90262 cirvcF�_vr;�:rcoo ; ��-�. � -..., nrr��.� � i IVovember 9, 2004 � ;�l0'J n :; 2ii�74 ' A� Ph4 PLANNING COMNIISSIONERS 7is,s,:�,1?;1?,1,2,3;4,5,6 ;" � , �`�'�..� Jim Morton �-/ �� _�,��cl� �,I Chairperson � � Carlos Manlapaz Victor Gomez Kenneth West � Commissioner Vice Chairperson Commissioner ( Lourdes Castro-Ramirez Rita Patel Juan Enciso ! Commissioner Commissioner Commissioner ; i cc�r�rwassaoN couNSE� � Jennifer Mizrahi, Deputy City Attorney ;+ Law O�ces of Beltran and Medina - � STAFF � I Arthur Barfield, Grant Taylor, Director � Planning Associate Development Services � H'.1N'ORDFLLF.�PLANNN'G4IGEFDA�navcmbe9,206o Cx + _ 1 - � � I I OPENIIVG CEREMONIES � 1. Call meeting to order. � 2. Flag Salute. ' � 3. Roll call of Commissioners. ' I 4. Certification of Agenda Posting. � i 5. Minutes of Planning Commission Meetings: � October 12, 2004 � i CONTINUED PUBLIC HE/4P2IiVGS � 6. Conditional Use Permit No. 2004-26 I APPLICANT: Fidel Alvarez 5137 Walnut Avenue. ; Assessor Parcel Number 6189-037-014 i Proposal . Request to construct two (2) attached residences (duplex), two-stories in height with detached I two-car garages. The existing single-sCory residence �vould be demolished and the existing � two-car garage would remain. The subject praperty is located at 5137 Walnut Avenue in the i R-2 (Two-Family Residential) zone. ! i Recommendation � Staff recommends that the Planning Commission adopt Resolution 3031 approving Conditional ; Use Permit No. 2004-26. NEW PUBLIC HEAFtINGS ; 7. Conditional Use Permit No. 2004-31 , � APPLICANT: AT&T Wireless c/o Velocitel � 3680 Imperial Highway Assessor Parcel Number 6173-015-026 � H�,\W ORDFILENLA�NItiGWGE�DA�navember9,200a.doc � � 1 _2_ � I ' ProPosal Request to install an unmanned wireless telecommunications facility to include six (6) ' antennas and equipment cabinets on the roof of an existing five (5) story medical office building located at 3680 Imperial Highway in the H-M-D (Hospital-Medical-Dental) zone. Recommendation � i Staff recommends that the Planning Commission adopt Resolution 3038 approving Conditional I Use Permit No. 2004-31. � 8. Variance No. 2004-04, Site Plan Review No. 2004-30 & Environmental Assessment ' APPLICANT: Hezi Kashanian/Chan�Ku/ Eshagh Kermani i 10900 — 10930 Long Beach Boulevard , Assessor Parcel Numbers 6191-005-021, 022, 023 and 024 � Pro osal ; Request to develop a 25,845 square foot commercial project with three (3) properly owners i that includes a variance to reduce parking from the minimum 103 stalls to 66 stalls, site plan I review to construct, modify and alter three (3) commercial buildings, and environmental � assessment for properties located at 10900 - 10930 Long Beach Boulevard in the C-2A � (Medium Commercial) zone. � Recommendation i Staff recommends that the Planning Commission perform the following actions: � • Certify the Initial Study/Mitigated Negative Declaration; and ! •• Adopt Resolution 3039 approving Variance No. 2004-04; and • Approve Site Plan Review No. 2004-30. ; 9. Conditional Use Permit No. 2004-32 � i APPLICANT: Manuel Carrillo 11040 Louise Avenue � Assessor Parcel Number 6194-028-014 � _ I H \W'ORDFlLE�PLA�'Rf�i'GWGE\DA\novembcr9,200a doc ' -3- � Proposal Request to construct a second single-family residence, one-story in height, with an attached 3- car garage. The property is a through lot with an existing residence facing Louise Avenue and the new residence would face Wright Road. The property is located at 11040 Louise Avenue in the R-3 (Multiple-Family Residential) zone. � i Recommendation I StafF recommends that the Planning Commission adopt Resolution 3040 approving Conditional � Use Permit No. 2004-32. � 10. Conditional Use Permit No. 2004-33 Tentative Trect Mao No 2004-06 (62163) Zone Chanae No. 2004-04, Variance No. 2004-05 & Environmental Assessment APPLICANT: Hermelio Franco South side of Fernwood Ave., north of I-105 between Bullis Rd. and Atlantic Ave. � Assessor Parcel Numbers 6173-001-900-901 and 6189-012-902-908 � i Proposal I Request to construct thirry-nine (39) detached single-family residences, two-stories in height, � with attached two-car garages, and construct seven (7) common lots (pocket parks). The � project includes subdividing three (3) parcels into forty-seven (47) lots; changing the zone � from "No Zone" to PRD (Planned Residential Development), reducing street side yard setbacks � and lot sizes, and Environmental Review. The property totais approximately 176,500 square � feet or 4.05 acres in area. The subject property is located on the south side of Fernwood Avenue, north of the I-105 (Century) freeway, between Bullis Road and Atlantic Avenue. � i Recommendation ! i Staff recommends that the Planning Commission perform the five (5) following actions: • Certify the Initial Study/Mitigated Negative Declaration • Adopt Resolution 3041 approving Conditional Use Permit No. 2004-33; and I • Adopt Resolution 3042 approving Tentative Tract Map No. 2004-06 (62163); and • Adopt Resolution 3043 approving Zone Change No. Z004-04 (City Council Ordinance); and j • Adopt Resolution 3044 approving Variance No. 2004-05. If the Planning Commission elects to deny the project or the appiicant does not demonstrate �' willingness to comply with conditions of approval, attached is a Resolution of denial. � H \WORDFILE�PLA�'1\'GUGE�DA�novembcA.200a.doc � �4� I CON'TINUED REGULAR AGENDA . , i NONE I NEW REGULAR AGENDA i 11. Zonina Ordinance Amendment No. 2004-02• Uodate Lvnwood Zonina Code � APPLICANT: City of Lynwood - � All properties in the City limits � i Proposal � I i For the Planning Commission to review, discuss, revise and provide direction to staff regarding I updating Chapter 25 of the Lynwood Municipal Code. At the last regular meeting on October I 12, 2004 staff passed out copies of the Draft Zoning Ordinance to review and discussion at the , ne� meeting. I - Recommendation I Staff recommends that the Planning Commission provide comments, questions, revisions and I direct staff to bring back an updated copy of the Draft Zoning Ordinance with applicable I environmental documentation for public hearing at the next regular meeting on December 14, � 2004. 12. Presentation/Discussion: California Environmental Qualitv Act fCEOA) ; Pro osal � I For the Planning Commission to accept a brief presentation from staff pertaining to State Law � for the California Environmental Quality Act (CEQA) guidelines, process and procedures. � Recommendation ! Staff recommends that the Planning Commission receive and file. ; ; , H�.\N'ORDFILE�PLA,\i:INGUGE!�DA�novembe�9,200a.doc , . � �5� ' I I PUBLIC ORALS I COMMISSION ORALS � � � STAFF ORALS j I i ADJOURNMENT ' I � Adjourn to the regular meeting of the Planning Commission on December 14, 2004 at 6:30 p.m. in ; the City Mall Council Chambers, 11330 Bullis Road, Lynwood, California. � i I I i � ' � � � � i I tl \N'OItDFILE\PLAYNMG�GEtiDT�novembcA.2061.doc I - -6- I � d(;I�:\'U.1 I'i l':1'1 N(l, j (':�SL NU. �\il�\li'1'1:� LYNWOOD PLANNING COMMISSION NIEETING, October 12, 2004 The Lynwood Planning Commission met in reQular session in the City Hall �i, Council Chambers. I � Chair Morton called the meetina to order at 6:40 p.m. � Commissioner Patel led the flaa salute. � I � � Chair Morton requested the roll calL � Director of Development Services Taylor called roll. � I Chair pove presiding. � Commissioner's Morton, Patel and Gomez answered the roll call. � The four (4) new Planning Commissionei's were required t�o sit in the ' � audience until the forma] swearing in ceremony. � I Also presenC were DepuCy City Attorney Jennifer Mizrahi, Direcror of � j Development Services Grant Taylor and Planning Associate Art Barfield. � I Chair Morton asked if the aeenda had been duly posted. , � Director of Development Services Taylor st'ated the agenda had been duly � posted in accordance with the Brown Act � � � Item #6: SwearinQ in New Commissioners i Director of Development Services Taylor requested to reoraanire the a«enda � - to swear in new Planning Commissioner's. � Chair Morton eranted the request. - � � i HiWUNDlll.liANI.AN6INGAMINUTI!SVIiFlbMminmc�JU� . � � � �� Director ot� Development Services Taylor ineroduced City ClErk Andrea Hooper for the swearing in of new Plannin� Commissioners. Andrea Hooper congratulated the new Plannin� Commissioner's and ashed the four (4) members to stand at the podium with her. Ms. Hooper provided each new commissioner with a handbook and copies of the Lynwood . Municipal Code. ; Andrea Hooper was assisted by Council Member Fernando Pedroza and City � Mana�er Joseph Wang with swearing in ceremonies. Kenneth West, � Lourdes Castro-Ramirez, Carlos Manalapaz and Juan Enciso raised their � ri�ht hands and followed along with Ms. Hooper and Mr. Pedroza as U�ey were duly sworn in. i i � Upon completion the new Planning Commissioner's were congratulated and � took their seats on the dias. � i Andrea Hooper stated the new Planning Comriiissioner's must fill out their � � conflict of interest forms and submit to her office. � � Deputy City Attorney Jennifer Mizrahi went over the conflict of interest � form and summarized State Law regarding what is a conf7ict of interest to ' include financial and personal interests. I Commissioner Gomez inquired about reorganization. � � � � � _� Director of Development Services Taylor stated he would like to formally � reorganize in December or January consistent with the City Council � reoreanization. Mr. Taylor stated it would be appropriate if Vice Chair Jim � Morton was ac[ing Chair Person imtil reor��anization. In addition, Mr. � Taylor suggested that the Plannina Commission elect an actin� Vice Chair in � case Mr. MorCOn was unable to aetend a meeting. � � i I Director of Development Services Taylor requested to Chair Morton that he � call roll aQain to reflect the new Planning Commissioner's. i � �� Commissioner's Morton, Gomez, West, Ramirez, Patel, Manlapaz, and ; � Enciso answered the roll call. j � ; � u:�wua�>ni.i,ri.nu.�iyr��un�urr%vn.i�-�u��m.��o . ; Motion by Commissioner West to nominate Commissioner Gomez as Acting Vice Chair, second by Commissioner Patel. � Motion approved by general consensus. � Item #5: MINUTES — Seatember 14, 2004 Chair Morton announced agenda Item #5, Minutes of the September 1=1, 2004 Planning Commission meeting and asked if the Commission's had any revisions or questions. Director of Development Services advised the new Plannin� Commissioner's that if anyone was present at the last meeting they can vote on the item, otherwise, they should abstain. Mr. Taylor stated that because Commissioner West wns present, he may vote. Motion by Vice Chaic Gomez to approve the October l2, 2004 minutes, second by Commissioner Patel. I Director of Development Services Taylor called roll. � � I Motion to approve passed 4-0-3 as follows: � I Approve - Morton, Gomez, Patel, West i � Deny- None � Abstain - Ramirez, Manlapaz, Enciso � CONTINUED P�JBLIC HEARINGS � I Chair MorCOn requested Deputy City Attorney Mizrahi to swear in all citizens wishina to testify on any aeenda item in Enalish and Spanish. � Deputy City Attorney Mizrahi requested all citizens wishing to testify please �� I stand they were duly swoin in both English and Spanish. , � Item #7: Conditional Use Permit No. 2004-29 & Tentative Tract Man � No. 2004-05 (61862)� � APPLICANT: Fernando Nunez j �� ll 137 Wright Road � � Assessor Parcel Number 6194-027-018 j H'\N t INI )I�ILI:IYI .\}'.41\G\\IIS� fliti\I u.l }�Uminutc� Jiw I � � I � � Chair Morton announced continued public hearing agenda Item #7 and °. � requested a staff report. �' �� Director �f Development Services Taylor presented a staff report and stated � �� the appl�icant is requesting approvai to subdivide one (1) parcel into five (5) • lots to construct four (4) detached condominiums and provide a separate lot � � for common drive-and open s,pace areas at l l l37 Wright Road in the R-3 � �(Multiple-Family Residential) zone. The� property totals 10,100 square feet �� and is �developed with a one-story residence that would be demolished. The '� � � new lots would total 1,482 to 1,596 square feet in area and would be � �.� � developed with detached condominiums, two-stories in height that wouid - � total 1,3�32 square feet each with attached garages, three bedrooms and 2'/z � baths. � �.� � Vice Chair Gomez inquired about the driveway width and guest parking � � stalL � � Commissioner West inquired about �fire deparCment standards. � � - � Commissioner Ramirez inquired� about fire department plan check. " � �� Director of Development Services Taylor stated that a t�velve-foot (12') � � � driveway is proposed with ten feet being the mi�nimum dimension allowed. � The fire hoses stretch 150 feet and any portion of a building beyond 150 feet �� must have fire sprink]ers in the entire building. Mr. Taylor stated if the _ � _� , driveway is less than 26 feet in width the fire sprinklers or dry standpipes are � �� "required. Mr. Taylor stated the applicant must bring approved plans � stamped by the fire� department before building permits are issued. Mr. �� Taylor stated the code requires one guest parking stalt per ten residences.and � � � the guest stall oh the site plan is optionaL Mr. Taylor stated the Commi'ssion , � may elect to keep or remove the guest stall,� however, if the Commission � , �� wishes to keep the guest stall, such stall should be moved back so clear �� . �� access to the rear unit may be provided and the trash dumpster is not blocked � � in by a parked car. � � �� Chair MorCon opened the public hearing. Otto Mendez, 9521 Pioneer Boalevard, Santa Fe Springs, is the property owner and spoke in favor of the project. � H . . f Uice Chair Gomez inquired if�the owner would fire sprinkler all four �units � � and expressed 'concern that the driveway is too narrow and vehicles may block fire access. Mr. Gomez also _suggested removing the guest stall and� � providing more open space: � � �� Mr. Mendez stated that he had planned to � sprinkler the two rear units �� consistent with fire code standards and he would establ�ish an association and � �� implement CC&R's to prohibit parking in the common� driveway. Mr. _ � � Mendez stated he would gladly remove the guest parking stall. � � Mr. Barrios, 1 1 I41 Wright Road, is the neighbor next door and opposes the ' �.� � project. Mr. Barrios stated there are too many homes, not enough parking �� : and too much crime. Mr. Barrios inquired about density? -� Director of Development Services Taylor stated� the Lynwood Municipal � �� Code allows a maximum of eighteen (18) units per acre that translates to one �� :� residence per 2,420 square feet or property area. The property is sufficient � � in si�ze to allow a maximum of four (4) residence�s. - �� Commissioner Ramirez suggested leaving the guest parking stall. _ � Mr. Mendez spoke briefly in rebuttal. � � - Chair Mor[on closed the public hearing. � � �� Commissioner West inquired about the front setback, vehicle access and � fencing. Chair Morton inquired about parking. � Vice Chair Gomez suggested all four units have fi�re sprinklers'and the guest � parking stall removed. " - �� Commissioner Enciso stat'ed he supports new homes and the project should comply with City codes. Commissioner Ramirez inquired about the fair housin� numbers. H'.AWONUIiI LAPI.AV91FfAAtI.VUTIi>1PF�2-�uminumxUnc i ��_ Director of Development Services Taylor stated the fronY� setback �and � ,� � � vehicle access comply with code standards and fencin� should be solid and. �� sight obscuring around the perimeter. Mr. Taylor stated the �Commission has � � �� the�authority to require fire sprinklers f'or all units and can recommend that � ' the guest parking stall be removed. � Mr. Taylor said the State sets forth the � � - � - fair �share or regional housing (RHNA) for each City and Lynwood's � � allocation is 967 residences in a seven year period. �� . �� Motion by Vice Chair Gomez to adopt Resolution 3030 approvin� Tentative �� Tract � Map No. 2004-05 (6l 862) �and adopt Resolution 3036, approving t �� Conditional Use Permi�t No. 2004-29 as amended to require fire sprinklers � �� for all four residences and to remove the guest stall and landscape the area. � Seconded by Commissioner West. _ � Director of Development Services Taylor called the roll. Motion to approve passed 7-0. � City Council Member Fernando Pedroza requested a point� of order from the � � � Chair. Mr. Pedroaa congratulated the new Pta�ming Commissioner's, . � �� thanked the returning Planning Commissioner's and t�hanked staff. � A RESOLUTION ENTITLED: A RESOLUTION OF THE . PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE TRACT MAP NO. 2004-05 (61862), � SL7BDIVIDING ONF, (1) PARCEL INTO FIVE (5) L,OTS IN ORDER � , TO DEVELOP FOUR (4) SINGLE FAMILY RESIDENTIAL CONDOMINIUMS AND A SEPARATE LOT FOR COMMON �� ACCESS AND OPEN SPACE AREAS IN THE R-3 (MULTIPLE- ' � FAMILY RESIDENTIAL) ZONE, LOCATED AT 11137 WRIGHT �� ROAD, FURTHER llESCRIBEll AS ASSESSOR PARCEL NUMBER - 6194-027-018, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ; , � � R�LL CALL � � � � � I � AYES: CASTRO-RAMIREZ, ENCISO, GOMEZ, MANLAPAZ, MORTON, PATEL & WEST NOES: NONE 1 � H'.AWONDIILIiAPLA661,�(1M111NUTG.SVII41�.Mminutcc4uc . ABSENT: NONE ABSTAIN: NONE � � A RESOLUTION ENTITLED: A RESOLUTION OF THE � PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2004-29, PERMITTING THE DEVELOPMENT OF FOUR (4) DETACHED CONDOMINIUM RESIDENCES, j TWO-STORIES IN HEIGHT, WITH ATTACHED TWO- CAR GARAGES IN THE R-3 (MULTIPLE-FAMILY . RESIDENTIAL) ZONE, LOCATED AT 11137 WRIGHT ROAD, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6194-027-018, CITY OF LYNWOOD, COUNTY OF.LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: CASTRO-RAMIREZ, ENCISO, GOMEZ, MANLAPAZ, ` . MORTON, PATEL & WEST NOES: NONE . ABSENT: NONE ABSTAIN: NONE NEW PUBLIC HEARINGS �. Item #8: Conditional Use Permit No. 2004-26 � APPLICANT: Fidel Alvarez � 5137 Walnut Avenue Assessor Parcel No. 6189-037-014 � Chair Morton �announced new public hearin� agenda item #8 and requested a staff repoct. �� Director of Development Services �Taylor presented the staff report and � �� stated'�the app'licant is,requesting� approval to construct a duplex, two-stories � in height with a detached two-car garage. The existing residence would be � �� demolished and� the �existing two-car garage would remain. The subject � � � � property is located at 5137 Walnut Avenue in the R-2 (Two-Family _ � � � ResidenCial) zone. � � � � �H'.AWUMUIlLI1V'I.ANVIF(IMIVUTCfiVlil-1�.�4�ninu��JUC � �. '' �� Vice Chair Gomez inqui�red. about existing construction and the foundation. � � Director of Development Services Taylor staCed the applicant received .� � � �� approval to construct a large addition but has since reconsidered and has � �� -requesCed to construct a duplex. The foundation may be used, but the � framing had to be removed. ��Chai�r Morton opened the public hearing. . �- � Roberto Alvarez, Glendale, is the cousin of the property owner and is �� speaking in support. The applicant, Fidel Alvarez is ill. � �� • Vice Chair Gomez inquired about the sCatus �f the new construction. � � � Commissioner Enciso inquired about the rear unit. � �.� ' M�r. • Alvarez sCated the framing for the previous structure had to be �� demolished but not Che foundation or the existina garage. Mr. Alvarez � � � confirmed that upon completion of the duplex, the existina residence would � � � be demolished. � . � � Director of Development Services Taylo[- read a letter of opposition� into the -� record from William Fredrick, no address identified. �� Chair Morton closed the �ublic hearing. � � �� Vice Chair Gomez said he does not support the project as he feels .a one- � ' � �� story structure would be �a better fit in the neiahborhood and the elevations � should be upgraded. y �� Commissioner West inquired about the foundation, vehicle access from� the � �� alley as there is a gate, repai�r of the alley, and� soil contamination/condition. ' Mr. West said there are two 2-story homes on Walnut. CommissionerRamirez inquired about work begun but not finished. � � i � - Commissioner Maniapaz stated it is the Planning Commission's duty to �� - regulate buildings, aesthetics and safety. Felt the project looks-"boxy" and� better elevations should be required. I � � t H',AKURU191.1i\VI.pNNITGAA11VLR1!1U�1-C.111miw�ea-0ue . . � I � �� Commissioner Enciso suggested the item be continued and the elevations � � improved. �� - Direetor of Development� Services Taylor stated the Ly�nwood Municipal �� Code allows thirty-fi�ve feet (35') in height and the majority. of new � �� residences are two-stories. The Planning Commission should consider code � � � �� standards, aesthetics and findings. The Commission may require improved �� _ � elevations and continue the item �to November 9, 2004. � � � .. Motion by Vice Chair Gomez to continue the item and for the applicant to �' � improve the front elevation. Seconded by Commissioner Manlapaz. � •� � The motion to continue passed 7-0 by general consensus. Item #9: Conditional Use Permit No. 2004-28 APPLICANT: Helen Mendoza '� � � 1 1531 Louise Street Assessor Parcel No. 6189-033-015 � �� Chair MoRon� announced regular public hearing agenda item- #9� and� � requested� a staff report � � Planning Associate. Barfield� presented the� stat'f report and stated the �� -� applicant is requesting approval �to construct a second residence, one-story in � height, with an attached two-car garage and remodel the existina residence � :� �;° on �property located at 11531 Louise Street in the R-2 (Two-Family . -� Residential) zone. Mr. Barfield stated the property totals 8,400 square feet -� � in area and �the second residence would have vehicle access from the rear alley. Staff has a policy that vehicle access should be discouraged from - �alleys as the City would like to vacate alleys. However, the inajority of the � �" ` � residences on Louise have alley access to parking. � Chair Morton opened the public hearing. Helen Mendoza, 6160 Shaker Drive, spoke in support.. Ms. Mendoza requested that Conditions #20 and #24 be waived. Ms. Mendoza said �� lighting from the new high school under construetion would provide , � �� _ adequate �light and remove the need for a new street li�ht � • � . HiWUItUlllliAPIA�]9tiR\MIVUCIitiUf�-I?alJniinwc�Joc . , �� Commissioner Enciso inqui�red if the existin� residence would remain and � � ' inguired about on-site parking. �� Ms. Mendoza stated the property has two-car garages for each residence plus ._ � � the, driveway could accommodate another two cars. � � � � �� Planning Associate Barfield stated that the Lynwood Municipai Code '� � requires a� two-car garaQe per residence, parking in the driveway is not � �� encouraged and cannot be calculated towards required parlting. � �- Commissioner�West discussed driveway use for permanent verses temporary �� ,� � parking, vehicle access from the �alley, requested a gate on �the alley for � securiry and �sugaested repair of alley as a condition. �Mr. Martinez, 9427 Jefferson Street, Bellflower spoke in favor. `� � Vice Chair G'omez inquired to staff about th'e alley and lighting conditions �� (#20 and #24). . �� Director of Development Services Taylor recommended that Condition #20 � � �� be waived. The majority of residences in the vicinity utilize the alley for � �� parking access, therefore, vacation of the alley would be impossible. Mr. � ' Taylor recommended ttiat Condition #24 be upheld as a li�ht pole is a ,� standard condition and adjacent property lightina should not be considered. � Planning Associate Barfield suggested an alternative may be for the �� applicant to submit an exterior lighting plan in lieu of the new light pole. � Chair Morton closed the pdblic hearing. � � � Motion by Vice Chair Gomez �to adopt Resolution 3035 approving F _ �� Conditional Use Permit No. 2004-28 and delete Condition #20 and modify Condition #24 that the applicant submit a lighting plan a��d add a condition � � � that the applicant shal�l repair any damaged pavement in� the al�ley adjacent to �. • � the subject property. � � � Seconded by Commissioner Ramirez. �. � Director of Development��Services Taylor called roll and .the motion � to - approve with amended Resolution 303� passed 7-0. ' H\WONUIIi.IiAPLANV16ll.AII]'UTILtiVlu.l'.�Uininmcdnc . ' . ' A RESOLUTION ENTITLED: A RESOLUTIOI�' OF THE PLANNING COMMISSION OF THE CIT.Y OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2004-28, PERMITTING THE DEVELOPMENT OF A SECOND DETACHED SINGLE=FAMILY RESIDENCE, � �� ONE (1) STORY IN HEIGHT, WITH ATTACHED 2-CAR GARAGE, AND REMODELING AN EXISTING DWELLING/GARAGE LOCATED AT 11531 LOUISE AVENUE, LYNWOOD, CALIFORNIA, IN THE R-2 (TWO-FAMILY RESIDENTIAL) ZONE. � ROLL CALL � AYES: CASTRO-RAMIREZ, ENCISO, GOMEZ, MANLAPAZ, � NIORTON, PATEL & WEST NOES: NONE • ' ABSENT: NONE ABSTAIN: NONE � - � Item #10: Conditional Use Permit No. 2004-30 _ APPLICANT: Maria Loza & Connie Pulido � � � 1 1215 Long Beach Boulevard, Building B-5, Unit #1010 �� Assessor Parcel Numbers 6171-001 to 007 � Chair Morton announced new public hearing a�enda item #l0 and requested � the staff report: � �� Cornmissioner Enciso staCed because of a potential contlict of interesl lie ° �� will abstain from this item. Mr. Enciso left the dias nnd the Council � � Cham6ers. � � � Planning Associate Barfield presented the staff �rep'ort and said the applicants . � � � �� are requestingapproval of a conditional use per�nit for art alcoholic beverage. � � �"� license for On-Site General Eating Place (Type 47 License) in conjunction �_ � with� a 3,960 square foot restaurant located at� �1 1215 Long Beach Boulevard in the CB-1 (Controlled Business) zone. _� � i �� The applicants provided an information packet t�hat Director of Development ' Services Taylor forwarded to each Planning Commissioner. . . N:\WOItIi1 � - �� I i � � Vice Chair Gomez inquired about live music �and should that be included in �� the CUP. Mr. Gomez stated he supports a fine dini�n� sit down restaurant � Director of Development Services Taylor stated live eritertainment may be ' � included in the CUP resolution, however, live entertainment requires City � � Council approval of a Special Permit (business license). �� Commissioner Ramirez inquired � if the Commission is reviewinQ the � � restaurant or only the alcohol� license request. � � � Planning Associate Barfield stated the agenda item is only for re��iew oP the � � alcohol license as restaurants are permitted uses in all� commercial zones. . Chair Morton closed the public hearing. � Maria Loza 2980 Malage Court, Diamond Bar spoke in support and stated _ � the project is an upscale restauranC with alcohol as an incidental use. The � � � restaurant will provide superior architecture with excellent food and service. � Connie Pulido, Diamond Bar, spoke in support. �� Architect (inaudible), 812 Fremont Street, South Pasadena spoke in support ��,, and presented a reduced model of the resCaurant and explained t�he interior � � layout. �� Chair Marton inquired about a movable partition for �banquets and large -', . groups: , I � Comrnissioner Manlapaz inquired of other projects the arct�itect had done. I j � Commissio�er Ramirez stated the Commissioner's should focus on the alcohol aspect, said the interior architecture is excellent and hoped the �� - � restaurant would be affordable for Lynwood residents. Ms. Ramirez also - inquired�aboutthe�applicants.experience with alcohol. � � The architect stated the second story � mezzanine could be closed off for �! . � banquets and large groups. He has worked on a number of restauranCS and briefly summarized. � � H9WOHIlI'l1ILN1.AAT'IS(:AAil.ALTIiSI�I-1_'a4minmi�uJnc . � �� Ms': Loza stated her and her parmer have ten years. experience in the cell �� phone business in�surrounding gateway cities. Ms. Loza stated�the�mana�er , � � and chef have'extensive experience with alcohol licenses. � �� Commissioner�Ramirez inquired about�checkino identification and about the � � name "Malverde." � � � � Commissioner Patel inquired about security and hours of operation. Chair Morton inGuired about security. � �� Ms. Loza stated they would check identifications, the handout has the story � ' about the Malverde name regarding a man i�n Sinaloa who performed � �, miracles. Ms. Loza stated in addition to .the security in Plaza Mexico they � � � � �� would provide additional security on weekends. Ms. Loza stated hours �� would be 10:00 am to 10:00 pm and �maybe midnight or� 2:00� am on . � weekends. _ �.� Vice Chair Gomez inquired to staff about the Commission regulating the � � � hours o�f operation. ��' Director �of Deve�lopment Services Taylor stated the Commission may restrict hours and recommended no later than 10:00 pm on weekdays and . � 2:00 am is acceptable on Fridays, Saturdays and Holidays. . Commissioner Manlapaz inquired about fundinQ or available grants. �� Ralph Gonzales, 2633 �l l l`� Street spoke in support � � ChairMorton closed the public hearing. � �� Commissioner West suggested limiting alcohoi sales to_ 12:00 prn on � weekends and holidays and review at a later date. �_ Planning Associate Bartield staCed that restricting hours of operation -is a � � �� reasonable condition that may be imposed. �� ,; Vice Chair Gomez suggested including live entertainment in the resolution.. � . . � � H�.\WOItUI�II_i:\VI.A]:\'IV('dY116�T1iSll�.l?-Wmlwicr.rctlrn' - . � � Motion by Vice Chair Gomez to adopt Resolution 3037 approving �� Conditional Use Permit No. 2004-30 with amendments to include limitin� �• alcohol sales to �midnight on weekends and� holidays and including live � - entertainment in Resolution 3037. � � Seconded by Commissioner Patel. � � �� Commissioner Ramirez asked for clarification of live entert�ainmenC. �_ �� Director of Development Services Taylor stated the City Council will review �� , and identify the types of permitted �live entertainment � � Director of Development Services Taylor called roll and the motion to approve as amended passed 6-0-1 with Commissioner Enciso abstaining. �� Commissioner Enciso returned to the dias. � A RESOLUTION ENTITLED: A RESOLUTION OF THE � PLANNING COMMISSION OF THE CITY OF LYNWOOD, APPROVING CONDITIONAL USE PERMIT NO. 2004-30, ALCOHOLIC BEVERAGE LICENSE TYPE 47 (ON-SALE GENERAL EATING PLACE) IN A RESTAURANT TOTALING 3,960 '' SQUARE FEET IN AREA, LOCATED AT 11215 LONG . BEACH BOULEVARD (PLAZA NdEXICO), BUILDING ' .- B-5 UNIT #1010, IN 'I'HE CB-1 (CONTROLLEll BUSINESS) ZONE, CITY OF LYNWOOD, STATE OF CALIFORNIA. . ROLL CALL AYES: CASTRO-RAMIREZ, GOMEZ, MANLAPAZ, MORTON, � PATEL & WEST .. NOES: NONE - ABSENT: NONE ABSTAIN: ENCISO CONTINUED REGULAR AGENDA ITEMS H'.AKUKDI91.IiPI.AFFIA(1A.NINURSUMNAminuw�JUc None. NEW REGULAR AGENDA ITEMS None PUBLIC ORALS Maria Loza inquired about hours of operation. . � � Vice Chair Gomez stated no discussion of the public hearing can be made . � `. after the decision is made. _� Director of Development Services Taylor advised Ms. Loza to corne to the � �� office tornorrow and he would go over the conditions. COMMISSION ORALS �� Vice Chair Gomez suggested that staff agendize at a future meeting an item� �� to commemorate and recognize the former Planning Commissioner's. Mr. � � Gomez congratulated and welcomed the new Plannin� Commissioner's. � � �� Chair Morton suggested that tiie Planning Commission and �hhe City Council � � commemorate and thank the former Planning Commissioner's. � _ � Commissioner Enciso stated he is happy to be on the Commission and � � _ � � looked forward to working with staff and his feilow Cominissioner's. � � Commissioner Patet stated the Planning Commission will be faced wiCh� � � '� �� difficult decisions and welcomed the� new Plannin� Commissioner's. � � � C'ommissioner Ramirez� stated it is a pleasure to be on the Planning � � � Commission and looks forward to learnina from returni�ne members. � �� . � Commissioner Manlapaz stated he is glad to be back on the Planninb � �- � Commissio� and looks forward to teamwork with his colleagues. � �� Commissioner West thanked staff and his �fellow�Planninb Commissioner's. - . . H�.\WI)NUI91.P]PLA\NI\'CdY116UTL}l1U-I?-PJminmes.�oc . . � �' Chai�r Morton welcoined the new Plannin� Commissioner's and st�ated tlle new members� are dedicated and asked �ood questions. � STAFF ORALS �� Director of Development Services Taylor congratulated and thanked the � �� Planning Commission and stated the members are detail oriented, care about �� their �community and did their homework. Mr. Taylor handed out a draft � �� Zoning Ordinance, Chapter 25 of the Lynwood Municipal� � Code and . �, � � requested that the Commissioner's review �the item and be prepared to �� .� discuss at the next meeting. � ,� � Deputy City Attarney Mizrahi invited the Commissioner's to call her � � anytime if they have any concerns. � � � � � � Vice Chair Gomez inquired about Robert's Rules of Order. � � Deputy City ACtorney Mizrahi stated she can e-mail or provide pamphlets. � � � ADJOURNMENT �� Motion by Vice Chair Gomez �o adjourn, seconded by Chair Mortc�n. Chai�r � �� Morton adjourned the meeting at 9:25 pm. � . . H�.AW'URUlllliAPI.ANNIFI�.bIIVUTI!SV��-13-IIJminma.xduc .. � � AGI�NUA f"1'i•:1! NO. G � • CriSl'. iA'O. CUP \(?. '_pUa-26 DATE: November 9, 2004 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services BY: Jonathan Colin; Business License Manager SUBJECT: CONDITIONAL USE PERMIT NO. 2004-26 5137 Walnut Avenue . Assessor Parcel Number 6189-037-014 APPLICANT: Fidel Alvarez • PROPOSAL ` The applicant is requesting approval to construct two (2) aEtached residences (duplex) , two-stories in height, and construct a defached two-car garage. The existing one-story residence would be demolished and the existing two-car garage would remain. , SACKGROUND � The subject property is located at 5137 Walnut Avenue, on the north side of Walnut Avenue between Virginia Avenue and Duncan Avenue, Assessor Parcel Number 6189- 037-014, in the R-2 (Two-Family Residential) zone. The property measures 50 feet in . width by 126 feet in depth totaling 6,300 square feet in area. At present, there is an "• � . existing one-story residence that would be demolished; a current�y existing two-car garage would not be removed. The Planning Commission directed. the applicant to improve and upgrade the front elevation. The item was continued. ANALYSIS & DISCUSSION � The applicant upgraded the front elevation by installing a decorative entryway, � instaliing window trim, and installing:mansard roof trim. The side and rear elevations have been upgraded to include window roof trim. . The Lynwood Municipal Code (LMC) requires multiple family residential developments in R-2 zones to obtain approval of a conditional use permit. The LMC allows a maximum- of fourteen (14) units per acre, which translates to one (1) residence per 3,112 square . feet of gross property area. The parcel totals 6,300 square feet and could accommodate a maximum of two (2) residences. � - C'\Documen[s and Se[tings\jwlin\My Dacumenls\CUPS\S�aflRepotl\cup2004d6B.doc . , � ' 1 ' - The site p4an indicates a 25'-3" front yard setback with access provided by a 10 foot driveway on the south properly line. Landscaping exceeds the minimum twenry-five percent (Z5%) standard. The duplex would be constructed on the front portion of the � lotwith a stair well on the inside of the structure. The floor plan for both residences in the duplex indicates the residences will provide ` 1,225 square feet of livable area consisting of two bedrooms, two bathrooms, kitchen, dining and living room. The garages are detached and total 400 square feet each. The elevations indicate the two-story structure that totals 28' in height to the roof point �and consists of stucco siding, and Spanish tile roof. The rear elevations indicate that the second floor wili have a balcony. Lynwood Municipal Code Section 25-25J sets forth four (4) findings the Planning _ Commission must make in order to grant a conditional use permit. Following are the findings in bold, and staff responses. A. The granting of the proposed conditional use permit will not adversely affect the comprehensive General Plan. . The General Plan Designation for the subject property is Townhouse and Cluster Housing that is consistent with the R-2zoning designation. The project is consistent with the General Plan policies and goals in the Land Use and Housing Elements. B. That the proposed location of the conditional use is in accord with the - , objectives of this chapter and the purpose of the zone in which the site is located. The project would be consistent with the R-2 zone pertaining to density and - would satisfy all development standards to indude but not be limited to setbacks, building height, landscaping and parking. C. That the ,proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental , to the public health, safety, or welfare, or materially injurious to � properties or improvements in the vicinity. �. Approval of the conditional use permiE is permitted pursuant to Section 25-4 of the Lynwood Municipal Code. The project would provide new housing and assist the City's fair share of regional housing (RHNA) set forth by the State. ' - C:\DOCUmants nnd Settings\jcolin�'dy Docume�ts\CUPS\S1a11Report\cu0z004-26B.doc � _ . _2- Conditions of approval set forth in Resolution 3031 would mitigate potential impacts to a level of insignificance: D. That the proposed conditional use will comply with each of the applicable provisions of this chapter, except for approved variances. The project would comply with all development standards set forth in the LMC. No variances are necessary. . ENVIRONMENTAL REVIEW The Development Services Department has determined that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) guidelines pursuant to Sections 15303(a). RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 3031 approving Conditional Use Permit No. 2004-26. ' ' Attachments: 1. Project Profile ' 2: . Location Map 3. Resolution 3031 ,. 4: Plans (Site, floor and elevations) ' ' ' � C\DOCOmen[s andSeltings\jcolinVvfy Documenls\CUPs�S�af�Reporl\cup2004-26H.doc ' . , , 3 ' PRO]ECT PROFILE Conditional Use Permit No. 2004-26 5137 Walnut Avenue ' Assessor Parcel Number 6189-037-014 . 1. Source and Authoritv Lynwood Municipal Code (LMC) Section 25-4.2(a) sets forth permitted uses in residential 'zones; LMC Section 25-4.5 sets forth development standards in ' residential zones and LMC Section Z5-25J sets forth findings approvaf of a Conditional Use Permit. 2. Propertv Location and Size The subject property is located at 5137 Walnut Avenue, on the north side of Walnut Avenue between Virginia Avenue and Duncan Avenue, Assessor Parcel Number 6189-037-014, in the R-2 (Two-Family Residential) zone. The property measures 50 feet in width by 126 feet in depth totaling 6,300 square feet in area. At present, there is an existing one-story residence that would be • demolished and a currently existing two-car garage would not be removed. 3. Existing Land Uses � Site Develoned North; Single and Multi-Family Residential South: Walnut Avenue then Singie and Multi-Family Residential West: Single and Multi-Family '— East: Single and Multi-Family Residential 4. Land Use Designation ' . - � ' C:�Documents and Settings\jcolin\My DocumenLS\COPS\ShtiReportkup200446B.doc .. ' , , . � � _q_ The subject parcels have a General Plan Designation of Townhouse and Cluster Housing that is consistent with the R-2 (Two-Family Residential) zoning. The adjacent properties General Plan and Zoning designations are as follows: � . C:\DOCUmcnLSandSeuings\jcolinU-tyDocuments\CUPS\StaFlRcpartkup2004-?6B.doc . . -5- Site Generai Plan Zoninq North: Townhouse and Cluster Housing R-2 (Two-Family Residential) South: Townhouse and Cluster Housing R-2 (Two -Family Residential) West: Townhouse and Cluster Housing R-2 (Two -Family Residential) East: Townhouse and Cluster Housing R-2 (Two -Family Residential) " 5. Site Plan Review The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions of approval set forth in Resolution 3031. 6. Code Enforcement Historv No code enforcement case to date. 7. Public Response None of record at the time of this report. C:\DOCUmcnu and Senings\jcolin\bty Docunxnts\CUPs\SuflReport!wp2004-268.doc - 6 - LOCATIOIV MAP ' _ _ � � � i _ , i _ � !_-- I . . , _ i� : i . _ _ r .i_: " '_"' � � ' I I , I I� i � � ' I� ' I I : � il � i �. _- �- ' ' � � I`� I� � i -- ji' i �. _ L—' � ' f . : � „ - <- , .. ,, ., .� � � _ , , ,, , � � - , - �— � ---°-- "-- i _ � i. ; , ; _. i ; i � `i: - �� ' j �� . i ; . :� r - � �--_ --� �__.:�---: ! - ,i �� , °i i ; - ` = �- ';. _ i f--= i i � i i ,. ; j � � , t =: -- i I � � I , � , ) I _� i �.� � _ j I ' a � . I-_ — � __� ' i I. I � ' J _ �� I � I � � — �: . .I i -- — � ;-- - - - �� ` I—_' I : � I j = ( � i � �' _ � � i , , � rz r--'' i; _� � � �. �n � � 1 �s 1 �ss ' _ �� ' J � . i °I �-- �a� � _ � ��J �. t I � � k1qRT��i LUTHE�7 YIt1G JR EU/D ' a I I c .�� , .�i.>?.'IDI � " J �? 9 S(. C 6_.S I •' ] y �. � . . a 1�. IM �•. J�.row.. : N a ' Q i� a)�'> ��.-. �1?r j/L' �` �) �.r. j a' � � �, �s� i/�� .a �/�� /S �o � iB /c i ;p ,�.:I rIZ; � �°;. � .: � � - � •a � o �:� ., � � � . }�U 5/ SJ JO SO .JJ,� I 6J J.. � � ' i 'J ` . , :: ..., � : ' �'. I � 4 � ' ^ . . < F- _"_ m ` 1M ��: z q <zi� r( ; � C> �; � C , �—� — " _ � � r 13) '1 �.'� C : r^ �rJ Ji 7d i� , iw� .f u e� �� 1� 4 �co ` . . � ii\Z'� � e ee _ l - � _ Y � 4�C20)r ? t � — °O - ..r.�• rJ as I y . I '� �ti ` sc I I .� �,; a . ,�. . ,(,. � ' v,��,ur � . ., � q�E ° e wuuu �.'��a) ..� �. � . . , .� . , . �'�25) . . i � 29) a _ �Q0) t"' a a� � . � r�.. 10i !4.) � e _ �I q - � � �. (� 0. � !'(25i I L I' I �3U = '�� t� i ( _ _ -� � �(� Si � � ! �. ` I. '�7 ';l2ii C32) �s_ '�i . I !',ioi : a ! � _ , j j ' L - ��- -:, /� i i,;� `6j � / _;, - � _ � '--�- \' ' \'+ � ': � � . .I �< - "5 ) :I �? % _ ;(39 � � •� �- �� ' I . _ ��_ i " � �I _ _ ` L ` . . _ I � - _ ;� I�_ ; - I -- �` i � =� i � _ d I -----; � ' •- ,.. . ,� � _ ;� - � I � - i` _ ,�� >. - I = � � � , -� [ _ , , _ , y Casc No. CUP 2004-26 - , Siie Address: 5137 WALNOT AVENUE , � i FIDEL ALVAREZ ' pplican[ iJame: . . . I [ Rj 30Q' or [] 500' Radius Nlap .. i I � RESOLUTION NO. 3031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING COMDITIONAL USE PERMIT N0. 2004-26, TO CONSTRUCT TWO ATTACHED RESIDENCES (DUPLEX), TWO-STORIES IN HEIGHT AND TWO (2) ATTACHED TWO-CAR GARAGES, LOCATED AT 5137 WALNUT AVENUE, IN THE R-2 (TWO FAMILY RESIDENTIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6189-037-014, CITY OF LYNVJOOD, COUNTY OF LOS ANGELES, S'�ATE OF CALIFORNIA. � WHEREAS, the Lynwood Planning Commission, pursuant to law, on October 12, 2004 conducted a public hearing on Conditional Use Permit No. 2004-26 and continued the item; and WHEREAS, the Lynwood Planning Commission conducted a continued public hearing on November 9, 2004; and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the � proposal is Categorically Exempt from the California Environmental Qualify Act (CEQA) pursuant to Section 15303(a), therefore; Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. The granting of the proposed conditional use permit will not adversely affect the comprehensive General Plan. The zoning is R-2 (Two-Family Residential) and is consistent with the General Plan designation of Town House and Cluster Housing. B. That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site in located. The subject property is located in the R-2 zone and is C:\DOa�rcn�sand5cuings�jcolinUlyDOCUmcros\CUPs4cso300.f2fiB4oc 1 sufficient in size and shape to accommodate two (2) residences and satisfy all applicable development standards. C. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the • public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Conditions of approval have been included in the project pursuant to Resolution 3031 to mitigate potential impacts to a level of insignificance. D. That the proposed conditional use will comply with each of the applicable provisions of Chapter 25 of the Lynwood Municipal Code except for approved variances. The project will comply with all development standards set forth in LMC Section 25-4. Section 2. The Planning Commission of the Ciry of Lynwood hereby approves Conditional Use Permit No. 2004-26, subject to all conditions, restrictions and limitations set forth as follows COiVDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use must be acted upon within 180 days of appraval. The Conditional Use Permit shall become null and void 180 days from the date of approval if not acted on within this period. One extension of 90 days � may be granted if the extension is requested in �riting prior to the end of . the valid period, at the discretion of the Development Services Department. 2. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. 3. The project shall be developed in accordance with plans approved by the Lynwood Planning Commission and on file in the Development Services Department, Planning Division. 4. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications. cnoocumcm: a�a sa�Ins�V�oGnwy �on�r�r.riv:�curs4aozooazea.aoo .Z 5. The property owner shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of building permits. 6. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION 7. The project shall provide two 2-car garages. Such garages shall remain unobstructed and available for vehicle parking at all times. 8. All driveways shall be permanently paved, maintained and remain clear and accessible for vehicle access at all times. 9. Landscaped areas shall consist of a minimum of twent�� five (25%) percent of the gross lot area. The required front, rear, and side yards shall be landscaped and shali consist predominately of plant materials except for necessary walks, drives and fences. Landscaping and permanent irrigation systems shali be installed in the front yard setback area in accordance with detailed plans to be submitted and approved by the Planning Division prior to issuance of any building permits. 10. A six (6') foot high solid and sight-obscuring fence shall be installed around the perimeter of the property, except within the twenty-foot (20') front yard setback area. Front yard fences shall not exceed four feet (4') in height and may be constructed of wrought iron or wrought iron with block pilasters. 11. Prior to the issuance of building permits, the developer shall pay $2.24 per square foot to the Lynwood Unified School District. 12. Acoustical construction materials shall be used throughout the units to mitigate exterior noise to the standards and satisfaction of the Building and Safety Division. I 13. The roof shall be constructed with a non-reflective material of concrete tile, �� Spanish tile, ARC 80 or equivalent subject to review by the Planning Commission. % 1 14. Air conditioners, heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanical devices shall be located within the rear yard or � side yards. Such equipment shall be screened from surrounding properties and � streets and operated so that they do not disturb the peace, quiet and comfort of ; neighboring residents, in accordance with the City's Noise Ordinance. I C\pocumcnt5and5ntings\jcolin\MyDocumcnts\CUPS4cso300i266doc 3 15. The property owner shall maintain a pro-active approach to the elimination of graffiti from the structures, fences and accessory buildings, on a daily basis. Graffiti shall be removed within twenty-four (24) hours. 16. The applicant shall obtain a demolition permit and shall notify the South Coast Air Quality Management District (AQMD) prior to demolition of the garage, covered patio and storage building. 17. Existing residence shall be demolished prior to the issuance of a certificate of occupancy. 18. New structures shall consist of colors reviewed and approved by the Development - Services, Planning Division. � , ENVIRONMENTAL SERVICES/ENGINEERIfVG DEPARTMENT 19. Provide a corrected site plan that indicates the correct properry dimensions. 20. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by the Department of Environmental Services. No building permits will be issued prior to the approval of grading plan by the City Engineer. 21. Reconstruct damaged sidewalk along Walnut Avenue. 22. Access through the rear alley is not allowed. 23. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six inches (6"). When connecting I to an existing lateral, a City approved contractor shall verify the size of such lateral I and shall provide proof of its integrity by providing a video tape of the lateral to I the Department of Environmental Services/Engineering Division. i 24. Remove existing street metat pole with light fixture and install one (1) street i marbelite street pole with light fixture, underground services and conduits along Carlin Avenue. The exact location shall be determined by the City Engineer. 25. Underground all new utilities. 26. A permit from the Engineering Division is required for all off-site improvements. �. I � , C:\�ocumcn�sandSmingz4jcolin\�1yDOCUmcn¢`LUPs4cso200J2bBdoc Q � _ I 27. All required water meters, meter service changes and/or fire protection lines shall be instailed by the developer. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Pubiic Works/Engineering Division prior to performing any work. Each building shall have its own water meter. 28. Install one (1) 24" box street tree(s) per APWA standards along Walnut Avenue . Species shall be determined by Environmental Services. A permit to install the trees is required by the Engineering Division. The exact location of the trees will be determined at the time the permit is issued. 29. Regrade parkway and landscape with grass. BUILDYNG AND SAFETY DIVYSION 30. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. > The Uniform Building Code - 2001 edition; � The Uniform Plumbing Code - 2001 edition; : The Uniform Mechanical Code - 2001 edition ➢ The Los Angeles County Fire Code — 1999 edition; ➢ The National Electric Code — 2001 edition; Ail as amended by the California Building Code of 2001. In cases where the provisions of the Califomia Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. i LOS ANGELES COUNTY FIRE DEPARTMENT I 31. The applicant shall comply with all conditions set forth by the Los Angeles County Fire Department for this application. Please contact the Los Angeles County Fire Department, Land Development Unit, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4243. I � Section 3. A copy of Resolution 3029 shall be delivered to the applicant. I i l � 1 C\Dacumena and Scnings\jcolinUfy Documrnis�NPs4cso200iZtiB dw 5 I APPROVED AND ADOPTED this 9"' day of November, 2004, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Jim Morton, Chairman Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Director Jennifer Mizrahi, Deputy City Attorney Development Services Department Planning Commission Counsel � , � � i � � . i I � i I 1 i I C\fbaimcrosand5min6z\jmlin\MyDOCUmcn¢\NPS\rzso2004350.doc C O A(;I�•`\U.� !�i'iii�i NO. 7 CAtii��: A`O. C'L�Y :AU. 20U-� DATE: November 9, 2004 TO: Honorable Chair and Members of the Planning Commission FROM; Grant Taylor, Director of Development Services � SUBJECT: Conditional Use Permit No. 2004-31 3680 Imperial Highway Assessor Parcel Number 6173-015-026 APPLICANT: AT&T Wireless c/o Velocitel PROPOSAL: Request to install an unmanned wireless telecommunication facility to include six (6) antennas and equipment cabinets on the roof of an existing five (5) story medical office building located at 3680 Imperial Highway in the H-M-D (Hospital-Medical-Dental) zone. BACKGROUND: The subject property is located on the southwest corner of Imperial Highway and Stockwell Drive. The parcel is an irregular shaped lot that totals 35,280 square feet in area and is developed with a five-story medical office building (Stockwell Building), seventy-two feet (72� in height, has two levels of subterranean parking and parking at grade. ANALYSIS & DISCUSSION Wireless telecommunication facilities are permitted in commercial and manufacturing zones subject to a conditionai use permit and development standards set for in Lynwood �. Municipal Code Section 25-16.4. 1 AT&T proposes to install six (6) antennas at a height of sevenry-four feet (74� that would � be attached to the parapet on top of the roof. The antennas will be painted to match the � building and blend in with the architecture. In addition, a 15' X 15;225 square foot lease ! area would be utilized to install radio equipment cabinets on the roof in the center of the � building. The installations would be screened and not visible from public right-of-ways I and adjacent properties. � � �. i H:IWORDFILEWLANNMG\STAFFRPTCUp2004-31a.doc V 1 The subject property was selected to provide coverage for mobile phone service for AT&l" wireless customers in the area. Lynwood Municipal Code Section 25-25.7 sets forth four (4) findings that the Planning Commission must make to approve a conditional use permit. Following are the findings in bold and staff determinations. A. The granting of the proposed conditional use will not adversely affect the comprehensive General Plan. The conditional use permit location is consistent with the Commercial General Plan Land Use Map designation, and meets goals and policies set forth in tha Land Use Element. B. That the proposed location of the conditional use is in accord with the objectives of this chapter and the purpose of the zone in which the site is located. Wireless telecommunication facilities are conditionally permitted uses in the H-M-D (Hospital-Medical-Dental) zone. The project complies with all standards set forth in Lynwood Municipal Code Section 25-16.4. C. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. I The existing building would not be significantly modified. Only minor modifications i subject to a building permit are proposed. The health, safety and general welfare 1 of the public would be protected. i ( D. That the proposed conditional use will comply with each of the I applicable provisions of this chapter, except for approved variances. i The wireless telecommunication facility will corriply with all standards set forth in I Lynwood Municipal Code Section 25-16.4 and all conditions of approval in Resolution 3038. i i ; � HIWORDFlLE�PLANN�NG\STAFFRP'f�cu � � � � p_00431a.doc 2 ENVIRONMENTAL ASSESSMENT The Development Services Department has determined the proposed project is categorically exempt from the California Environmental Quality Act (CEQq) pursuant to Section 15301(a). RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 3038 approving Conditional Use Permit No. 2004-31. Attachments: 1. Project Profile 2. Location Map 3. Resolution 3038 4. Project Description 5. Plans � � i i i ' i � 1 ' H:\WORDFILE\PLANNMG\STAFFRPTcup?004-31a.doc 3 I PRO]ECT PROFILE Conditional Use Permit No. 2004-31 3680 Imperial Highway APN 6173-015-026 1. Source of Authoritv Lynwood Municipai Code (LMC) Section 25-13 identifies permitted uses and conditionally permitted uses in the H-M-D (Hospital-Medicai-Dental) zone; LMC Section 25-16.4 sets forth procedures and standards for radio, television and telecommunication service antennas; LMC section 25-25.7 sets forth the findings that must be made by the Planning Commission for approval of a Conditional Use Permit. 2. Prooertv Location and Size The subject property is located at 3680 Imperial Highway, on the southwest corner of Imperial Highway and Stockwell Drive. The subject parcel totals 35,280 square feet in area and is developed with a five-story medical office building. 3. Existing Land Uses Subject: Five-story Medical Office Building North: Imperiai Highway then Single and Multi-Family Residences South: Shared parking lot then Single-Famiiy Residences East: Stockwell Drive then Single and Muiti-Family Residences West: Retail businesses and medical offices 4 Land Use Designations I l Generel Plan Zonina I � Subject: Commercial H-M-D (Hospital-Medical-Dental) '� North: Multi-Family Residential R-3 (Multiple-Family Residential) South: Commercial H-M-D (Hospital-Medical-Dental) ' West: Commercial H-M-D (Hospital-Medical-Dental) I East: Multi-Family Residentiai R-3 (Multiple-Family Residential) i i I H:\W ORDFILEIPLANNMGISTAFFRP7lcup2004-31a.doc 4 � . 5. Site Pla_ n Revie�, The Site Plan Review Committee has reviewed the proposed project and recommended approval subject to conditions in Resolution 3038. 6. Zonina Enforcement Historv ' None of record at the time this staff report was written. 7. Public Res�onse None at the time of this report. I � I . 1 � i � �I H:\WORDFILE\PLANNMG�STAFFRPikup200.AJla.doc � 5 LOCATIOIV (��AP O.ai - �s� - - Q : U�w � C� �-_: c� ns ---�-� - ppiro z F}3� �ss < sz ea _S?lu_i --"�>- �zo - � ` �� 'O'S� �'�'°� E3 T�92 '!��-� ` �Y21 . �5 QS.I V^ 6� 62 Of 93 _ VyL—� ~ p�2:. £ ia J �,,as� - o- - y z - _ m ei Uv4 3� CJiio ___�z� • pa> i__��_p ��)m r,eo ss c ice . QQ ¢a . Ox ��_� , � O�+ �,o Cro Gzs . W �� ` Q19 ��1 � O O]G OC) 5 126 � L U15 Z _ c � u f y a _ a •� z s'" � n J � ' ' , ' , f I� •. � � _ - I ` O , �. . E. 8 C.". � k - & °tP � . Q � � � { � f. Q � ' _ o �'` Q ' T . 1 � _ l � �1�_ n � _ � �� _ _ � � - � � y � - + NORTON " °A� .,., _ - , � :, ' ., ,. R � • (� -� " IMFERIAL ' R n , � 0 � �' '�� A .�p '3 e.a+' � ��, i . �. . . . . /` .. . . .. �� f� OQ � - �L�F= •N O �n�us`e(�J� ..�, . .. ' e � O � � �y s�' � • � •' -... ' e �' }'�/`�. �,�� .. �` f •``�e. _ `�•2,-,`�--° '. . F a `��+. 1'-..'3� �__ L �� A � •�� "'-' ' � �,� O - r .w � p,�>'� � - �� . �, O ..�zs`� '�.. 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O °� � Q " Qh � , 61.� v '�+ _ y �� v _V ° p f' Qs. = -• / O�? j O:w ` o � -+ ' S � e / 'e �23 � �� _ .r �P s ' � C a�O�' Ji � �„n � �La �t' �� • ��p .. e � _ . a � q - ' -�� ' Ca, b � � �,P ' - Oz,� o ' �;o ._ � - , �v,� - W�. ; - • ,:� . -_ � f I` P p�� iY0 m . ��G ° J _ _} �o r o � ti P c 6 .,.�_ r � { ' Q � ;O ' r� ,S . r r'"`� � � i �:O S-�, ��,,,��s = ti� _ ' • m r Y0 I . �� •° rVO � . �4\�(�I��Cii' �C.."`.(/� V ` > � +`'O � ` � . � I I � I CuscNo. CONDITIONAL USE PERMIT N0. 2004-31 � SiteAddress: 3680 IMPERIAL HIGHP7AY � � ApplicanWame: AT&T 47IRELESS C�O VELOCITEL �� [] 300' or [] 500' 2adius Map � . � RESOLUTION NO. 3038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2004-31, APPROVING INSTALLATION OF AN UNMANNED WIRELESS TELECOMMUNICATION FACILITY TO INCLUDE SIX (6) ROOF MOUNTED ANTENiVAS AND EQUIPMENT CABINETS ON THE ,ROOF IN A 225 SQUARE FOOT LEASE AREA, ON THE ROOF OF THE FIVE-STORY MEDICAL OFFICE BUILDING LOCATED AT 3680 IMPERIAL HIGHWAY IN THE H-M-D (HOSPITAL- MEDICAL-DENTAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER ' 6173-015-06, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law on November 9, 2004 conduced a public hearing on the subject application; and " WHEREAS, the Planning Commission considered ail oral and written testimony offered at all the public hearing; and WHEREAS, the Development Services Department has determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(a); Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. The granting of the proposed conditional use permit will not adversely � affect the comprehensive General Plan. The project is consistent with the ' Commercial Land Use Designation in the General Plan. The conditional � use permit is consistent with the goals and policies in the Land Use I - ' Element of the General Plan. � i � I � N:\N'ORDPILE�PLM\1,�'GU1ES054esol0J9adoc - l - I B. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located. Wireless telecommunication facilities are permitted in the H-M-D (Hospital-Medical-Dental) zone subject to a conditional use permit. The project complies with all standards set forth in the Lynwood Municipal Code Section 25-16.4. C. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be.detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The project would not cause significant impacts. Conditions of approval and mitigation measures are included to reduce any potential impacts to a level of insignificance: D. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance, except for approved variances. The wireless telecommunication facility will comply with all provisions of the zoning code and all conditions of approval in Resolution 3038. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Conditional Use Permit No. 2004-31, approvai to install an unmanned wireless telecommunication facility on the of an existing five-story medical office building located at 3680 Imperial Highway, subject to the conditions set forth as follows: CUNDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The project shall comply with all regulations of the Lynwood Municipal Code, the California Buiiding Code, the Los Angeles County Fire Code, other City Departments and appiicable State and Federal regulations. 2. Any_ subsequent modification of the subject site or structures thereon shall be first reported to the Development Services Department, Planning Division, for review. 3. The applicant and property owner shall both sign a Statements of Acceptance stating that they have read, understand, and agree to all conditions of this I resolution prior to issuance of any building permits. i � � 4.. The conditional use permit shall lapse and become null and void unless building permits and a business license are obtained within one hundred eighty (180) days of this approval. One extension of ninety (90) days may be granted if the. extension is requested prior to the end of the valid period, at the discretion of the Development Services Department, Planning Division. PLANNING DIVISION 5. The building exterior shall not be altered architecturally and shall remain compatible with the existing building to include but not be limited to materials, colors and design. 6. Any exterior light shall be designed to reflect away from adjoining properties. 7. The applicant shall notify the City of Lynwood prior to installation of additional dishes, antennas, and related equipment. 8. The lease area shall be maintained in a neat and orderly manner at all times. No outside storage of materials or equipment is permitted. � 9. The developer shall comply with all standards and requirements set forth in Lynwood Municipal Code Section 25-16.4. 10. Equipment shelters or cabinetsd shall be maintained in good condition. 11.The applicant shall comply with all requirements of the FCC and_FAA, incuding safety lighting within airport descent zones. ' 12.The equipment shall be painted the same colors as the existing building or not be visible from public right-of-ways or adjacent properties. 13.The applicant and owner shall sign an agreement provided by the City to permit collocation of facilities on. mounting structures owned or operated by the applicanUowner unless special technical constraints prevent such collocation. Such agreement shali be signed prior to final approval and release of utilities. 14. No signs, except warning signs, shall be posted or displayed on any antenna or support device. Warning signs also may be attached to fencing surrounding any facility. H.\N'ORDFILEWLA�T•IS'GVtES054cso3038a.Eoc � — 3 — I 15. Lawfully erected wireless communication facilities that are no longer being used shall be removed within ninety (90) days of abandonment of discontinuance of use. A facility that is not operated or used for a period of six (6) continuous months shall be deemed abandoned and may be removed by the City at the owner's/operators expense. 16. Every person engaged in the business of installing antennas of any type shall first obtain a business license therefore pursuant to Section 4-6 of the Lynwood Municipal Code. BUILDING AND SAFETY DiVISION 17.A11 construction shall meet or exceed the minimum building standards that are referenced in the foliowing codes: The. Uniform Building Code — 2001 edition; The Uniform Plumbing Code — 2001 edition; The Uniform Mechanical Code — 2001 edition; The National Electric Code - 2001 edition; The Los Angeles County Fire Code — 2001 edition; All as amended by the California Building Code 2001. In case where the provisions of the California Building Code, the Lynwood • Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. Section 3. A copy of the Resolution No. 3038 shall be delivered to the applicant: Section 4. Any violation of said conditions in this Resolution may result in revocation or modification of the Conditional Use Permit by the issuing body at a regularly scheduled meeting. 4 ADOPTED AND APPROVED this 9 day of November, 2004 by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN : Jim Morton, Chairperson - Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: , Grant Taylor, Director Jennifer Mizrahi, Deputy City Attorney Development Services Department Planning Commission Counsel HiWORDFILE�PL.V:NiNGUfESOSUesoiO}gadx - S - PROJECT DESCR[PTION The proposed unmanned telecommunications facility consists of installine si�x (6) - antennas on an existing building. The proposed antennas will be mounted at a height of 74'-0" on the roof of the building(antenna centerline). The antennas will be painted to � � match the building to blend in �vith�the architecture. The base transceiver station (BTS) equipment will be located in an unutilized tenant space of the building. The proposed design was selected because it effectively conceals the proposed �vireless facility.from view by.the general public. LA1VD USE . The site is currently improved �vith a medical office building. The surrounding neighborhood consists of 'primarily commercial uses. The existing zoning is Commercial. Wireless telecommunication facilities have proven to be compatible with all types of land uses, including commercial properties. SITE SELECTIOn' This site was selected due to its strategic location and the abiliry to provide needed wireless coverage for the area. The facility wi11 provide mobile phone service for AT&T Wireless customers in this area. This new faci�lity benefits the community and all customers that subscribe to this service by providing proper coverage and reducing the number of disconnected calls that occur in this area. The general public will beneft during emereencies such as fires, earthquakes, and other emergency situations. Traditional telephone service is� often disr�ipted during such catastrophic events, but cellular communications systems often remain operational. Mobile communications systems provide an alternate communication link for emergency technicians (police, fire, paramedics, and buildine inspectors) as well as elected officials and department managers of City public �i�orks, building and communications departments. COMPLIANCE WITH F�CC REQUIREMENTS The Federal Communications Commission (FCC) licenses all wireless telecommunications facilities. The American Nationa] Standards Institute (ANSI) and the Institute of Electrical Engineers (IEEE) establish operational safety standards for radio frequency electromagnetic field (EMF). The FCC requires cellular ESMR and PCS providers to comply with these ANSI and IEEE standards. According to studies and research, there is no conclusive evidence that any negative health impacts are associated with facilities operating below Federal standards. Tl�is wireless telecommunication facility will operate in full compliance with all state and federal guidelines and relations including the Telecommwlications Act of 1996. Section 704 of Tide 7 of the Federal Telecommunications Act of 1996 (effective February 8, 1996) contains the following 7anguage. . " No State of local gover�nr:ent or insh•iunentaliry thereof mat� regulate the plcroement. constructior�, and modiftcation of personal wireless facilities on the basis if the em�i��onniental effects of radio frequencp entissions to the eazent thut such facilities co»aplv i+�ith dte Cornmission's regulutions concernrng such en�issions. " The proposed placement of six (6) panel auteimas on an existing building will not interfere with the surrounding properties or their uses, and will not cause interference with any electronic equipment such as telephones, televisions, or radios. Non- interference is ensured by the FCC regulations of radio transmissions. The FCC requires EMF emission associated with the project to be below the established Federal standards. The proposed project complies with all applicable standards. � Please contact me at (949) 689-7886 if you have any questions concernin� this project. ] look forward to working with Staff to create a project that wil] benefit my client and the City of Inglewood as a whole. Sincerely, ,,��-= .��-�'� Ryan Hammersmith Zoning Specialist Velocitel 949-689-7886, � � �(:END.A ITf:��i iA`Q, 9 . c:�sr n�o. c��i�,vc_ _i. zooa__i� DATE: November 9, 2004 TO: Honorable Chair and Members of the Planning Commission � FROM: Grant Taylor, Director of Development Services . BY: Jonathan Colin, Business License Manager SUBJECT: CONDITIONAL USE PERMIT NO. 2004-32 11040 Louise Avenue Assessor Parcel Number 6194-028-014 APPLICANT: Manuel Carrillo PROPOSAL ° The applicant is requesting approval to construct a second single-family residence, one- story in height, and an attached 3-car garage. The properry is a through lot with the existing residence facing Louise Avenue and the rear of the lot where the new unit would be constructed faces Wright Road. BACKGROUND The subject property is an irregular shaped through lot located at 11040 Louise Avenue, • on the east side of Couise Avenue, and west of Wright Road, and North of Elmwood. Avenue, Assessor Parcel Number 6194-028-014, in the R-3 (Multiple-Family Residential) zone: The paccel totals 7,475 square.feet in area. At present, there is an existing 1,220' one-story residence with an attached one-car garage, which wilf not be removed. ANALYSIS & DISCUSSION The Lynwood Municipal Code (LMC) requires multiple family residential developments in R-3 zones to obtain approval of a conditional use permit. The project is consistent with both the General Plan designation of Multi-Family Residential and the R-3 zoning for the property. The site has a General Plan designation of Multi-family Residentiai allowing 18 , units per acre or 1 unit per 2,420 square feet of property. The parcel totals 7,475 - square feet and could accommodate a maximum of three (3) residences. The site plan indicates a minimum 17'-0" front yard setback that increases to 33'-6" ,with access provided by a 10 foot driveway on the north property line. Landscaping exceeds the minimum thirty-five percent (35%) standard. . C:�Docwnents and Sc[tings\jcolinUAy DncumenLS\CUPs\SpflReport�cup3004-32.doc � . . - � _ 1 ' The floor plan for the proposed structure indicates the residence will provide 1080' square feet of livable area consisting of three bedrooms, two bathrooms, kitchen dining and living room. The garages are attached and total 600 square feet each. The elevations indicate the one-story structure that totals 14'-6" in height to the roof point and consists of stucco siding, and ARC 80/ Spanish Tile. Lynwood Municipal Code Section 25-25J sets forth four (4) findings the Planning Commission must make in order to grant a conditional use permit. Following are the findings in bold, and staff responses. A. The granting of the proposed conditional use permit will not adversely affect the comprehensive General Plan. The General Plan Designation for the subject property is Multi-Family Residences that is consistent with the R-3 zoning designation. The project is consistent with the General Plan policies and goals in the'Land Use and Housing Elernents. B. That the proposed location of the conditional use is in accord with the objectives of this chapter and the purpose of the zone in which the site is located. The project would be consistent with the R-3 zone pertaining to density and would satisfy all de"velopment standards to include but not be limited to setbacks, building height, landscaping and parking. C. That the proposed location of the conditional use and the conditions . under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Approval of the conditional use permit is permitted pursuant to Section 25-4 of . the Lynwood Municipal Code. The project would provide new housing and assist ` the City's fair share of regional housing (RHNA) set forth by the State. Conditions � of approval set forth in Resolution 3040 would mitigate potential impacts to a level of insignificance. D. That the proposed conditional use will comply with each of the ` applicable provisions of this chapter, except for approved variances. _ The project would comply with all development standards set forth in the LMC. � No variances are necessary. � , C\Documcn6andSetlinas\jcolin\h1yDocumenls\CUPs\S�af�Reportkup200.M1d?.doc - � � . . _ 'z _ � ENVIRONMENTAL REVIEW " ' The Development Services Department has determined that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) guidelines pursuant to Sections 15303(a). - . RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 3040 approving � Conditional Use Permit No. 2004-32. , � Attachments ` 1. Project Profile , , 2. Location Map 3. Vicinity Map 4. Resolution 3040 . 5. Plans (Site, floor and elevations) � " � � C'\Docnments andSettings\jcolinVdy Documents\CUPS\Sm�lReport�cup200432.doc . . � . _3_ PR�JECT PROFILE Conditional Use Permit No. 2004-32 11040 Louise Avenue Assessor Parcel Numb�r 6194-028-014 1. . Source and Authoritv Lynwood Municipal Code (LMC) Section 25-4.2(a) sets forth permitted uses in residential zones; LMC Section 25-4.5 sets forth development standards in residential zones and LMC Section 25-25.7 sets forth findings approval of a Conditional Use Permit. 2. Propertv Location and Size . The subject property is located at 11040 Louise Avenue, on the east side of Louise Avenue, west side of Wright Road, and North of Elmwood Avenue, Assessor Parcel Number 6194-028-014, in the R-3 (Multi-Family Residential) zone. The property measures 7,475 square feet and is developed with a 1,220 square foot residence. At present, there is an existing one-story residence that will not be demolished and a currently existing attached one-car that will also not be removed. 3. Existing tand Uses Site Developed North: Single and Multi-Family Residential South: Single and Multi-Family Residential West: Single and Multi-Family Residential East: Single and Multi-Family Residential - 4. Land Use Desiqnation The subject parcels have a General Plan Designation of Multi-Family Residential that is consistent with the R-3 (Multi-Family Residential) zoning. The adjacent properties General Plan and Zoning designations are as follows � � ' C:�Dowmen[s and Se¢ings\jmlinU�Iy Documents\CUPs\S[aClRepon�cop2004-32.doc . . , -4- Site General Plan Zoninq North: Multi-Family Residential R-3 (Multi-Family Residential) South: Multi-Family Residential R-3 (Multi-Family Residential) West: Multi-Family Residential R-3 (Multi-Family Residential) East: Industrial � M (Manufacturing) 5. Site Plan Review The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions of approval set forth in Resolution 3040. 6. Code Enforcement Historv No code enforcement case to date. 7. Public Response None of record at the time of this report. CdDocumenLt and Seuin_s\jcolinl�ly DocumenLS�CUPs\SUftAepon�tup200i-}3_�oc - 5 - � LOCA'I'ION 1VIAP ' _ ' . � - 1 1�.� 1� ` ' � ♦ . _ ' . P " - H �.'` . ` � ` ' � ` � � O ; e j � ` il �". ak : . � Q�2 ` . '•�c ' ' a � � ' ` y' '.— �' ' a' '' �` '___ J � =� ^�..� i '� �� ! _ lo r ,� _ � • � 3 ^ g � , �� s ,��v ""` � � ,•�.�-� . p�A � � : �• C'12 Z D (?Q�'ll � � � � ,.+ `S � � °\� t �jIJ __ �! I< ' C 1 -- �29i�iz o .. , p - �� i. . ��Q� s � L'.,� , �'. - �ie �? /=�lia ; 't+� � � . l<1' . _ _ �' C-�.i.e y �nx �,� . � �' _�" _ x �j. �\ �n' {-" .� � � +:i� ,` � �„ `�.� `. �.o"' �-; .' - RV `_' 1d ..11) . � y:• ,-r�_',ie �-t� : rv.o . ) I Y � � ' � w � /—' C �<r � �\-. �'.. � � �� 4)�� 1'i ., ':�' w - . i (V8)i 2511 �.'______'_ � ' ��- n'� C, _ � I I . I a (o ,\ '. G\ . /1 ' . . � � 4 �/ l'�b � . \ �,�� r I c�, t.� >� >_u'-_�_a ___� ___"'_� '?"_ � t �� '`,\ \ r . ' -, i I Ila i y1) ;_� '17 �� 0)' ��e .\\ 9zi , � t.y ' _____ '____�_'_..�________ _ .' � -,:: • '� � s'�'' < � 9�� v;+ �.. 'a " ,' EL'�7vi00D I eJ �� ,� — •. ; � , ,. , . ' svi��v't � �d�• _ �� q �. ' .::. � '. .... .. i .v � •u .0 � - 'ia.)� ." ` ' " , " " __'_ ___ __'__________'_ �J ?- ' � -�� i :s; i .,y� i': v -- '. a r � . � _" ss'%� `� �. - : � �; ° „� , - � .. �. � s .� - � - . - _� .s ' e w -. 1 o �N 6 � . � , I VI O ry _. �:.. {� ' . s �i ^ .s i..si �r R . '�� s � _ _ _�._r._�� : �- �� c'- � �N = ---- v---!--= ------------ `-� � _ y A ,A n� � _ ,, - � _ 1�, __ ;�, _ . �, � --- - ,. ; .- . � : �� '= : l� -._ _ ' P �� I � � �`J � • - •-------------�— 1 . V J GIE N rl C , � 1 __ S.Yn!:e_! _ o`, Id � — ' `.I• ➢_ . 'I Ni.r� -'^"y� 1� I I Case No. CUP NO 2004-32 �. . I Site Address: 11040 Louise Avenue ; Applicant Name: , Manuel Carrillo � [ X] 300' or [] 500' Radius Map I 1 e i--� `--+ � � � � � � �. � � � C N � � � � RESOLUTION NO. 3040 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL " USE PERMIT NO. 2004-32, TO CONSTRUCT ONE ATTACHED RESIDENCE, ONE-STORY IN HEIGHT AND ONE (1) ATTACHED THREE-CAR GARAGE, LOCATED AT 11040 LOUISE AVENUE, IN THE R-3 (MULTI- FAMILY RESIDENTIAL) ZONE, FURTHER DESCRIBED ' AS ASSESSOR PARCEL NUMBER 6194-028-014, CITY - OF tYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on November 9, 2004 conducted a public hearing on Conditional Use Permit No. 2004-32; and WHEREAS, the Lynwood Planning Commission considered ali oraf and written testimony offered at the public hearing; and � . WHEREAS, the Development Services Department has determined that the proposal is Categorically Exempt from the California Environmental Qualify Act (CEQA) pursuant to Section 15303(a), therefore; Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. ". The granting of the proposed conditional use permit will not adversely affect the comprehensive General Plan. The zoning is R-3 (Multi-Family . Residentiai) and is consistent with the General Plan designation of Multi- Family ResidentiaL B. That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site in located. The subject property is located in the R-3 zone and is sufficient in size and shape to accornmodate three (3) residences and satisfy aIF applicable development standards. C. That the proposed' location of the conditional use and the conditions under . which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or P.\DOCUmcntsandScuings\jmlin\MyDOamrn�z\WPsU040.doc 1 . . improvements in the viciniry. Conditions of approval have been included in the project pursuant to Resolution 3040 to mitigate potential�impacts to a level of insignificance. D: That the proposed conditional use will comply with each of the applicable provisions of Chapter 25 of the Lynwood Municipal Code except for approved variances. The project will comply with all development standards set forth in LMC Section 25-4. Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2004-32, subject to all conditions, restrictions and limitations set forth as follows CONDITION� OF APPROVAL QEVELOPMENT SERVICES DEPARTMENT 1. The conditional'use must be acted upon within 180 days of approval. The � Conditional Use Permit shall become null and void 180 days from the date ' of approval if not acted on within this period. One extension of 90 days may be granted if the extensian is requested in writing prior to the end of , . the valid period, at the discretion of the Development Services Department. � 2. The project shall comply with all 'regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. 3. The project shall be developed in accordance with plans approved by the Lynwood Planning Commission and on file in the Development Services Department, Planning Division. 4. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications. ` 5. The property owner shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance ofbuilding permits. . ' C\DOwmcros nnd Seuinps\jcollv\My powmcnts�CUPSB040Aoc _ q , � L 6. Conditions ofapproval shall be printed on plans prior to submission to the Building and Safety Division for pian check. PLANNING DIVISION 7. The project shall provide on 3-car garage. Such garage shall remain unobstructed and available for vehicle parking at all times. . 8. All driveways shall be permanently paved, maintained and remain clear and . accessible for vehicle access at all times. Driveway must be widened to reflect 12'.. 9. Landscaped areas shali consist of a minimum of thirty-five (35%) percent of the . gross lot area. The required front, rear, and side yards shall be landscaped and shall consist predominately of plant materials except for necessary walks, drives and fences. Landscaping and permanent irrigation systems shall be installed in the yard setback area in accordance with detailed plans to be submitted and approved by the Planning Division prior to issuance of any building permits. 10. A six {6') foot high solid and sight-obscuring fence shall be installed .around the perimeter of the property, except within the twenty-foot (2Q') front yard setback � area. Front yard fences shall not exceed four feet (4') in height and may be constructed of wrought iron or wrcught iron with block pilasters. � ` 11. Prior to-the issuance of building permits, the developer shall pay $2.24 per square foot to the Lynwood Unified School District. • 12. Acoustical construction materials shall be used throughout the units to mitigate exterior noise to the standards and satisfaction of the Building and Safety Division. 13. The roof shall_ be constructed with a non-reflective material of concrete tile, Spanish tile, ARC 80 or equivalent subject to review by the Planning Commission. 14. Air conditioners; heating, cooling ventilation equipment, swimming poof pumps and heaters and all other mechanical devices shall be located within the rear yard or side yards. Such equipment shail be screened from surrounding properties and streets and operated so that they do not disturb the peace, quiet and comfort of , neighboring residents, in accordance with the City's Noise Ordinance. 15. The property owner shall maintain a pro-active approach to the elimination of graffiti frorn the structures, fences and accessory buildings, on a daily basis. , - Graffiti shall be removed within twenty-four (24) hours. � . . c:�qo��<�v:.,�a s�u��oumm oo��m:�cur:�oao �o< 3 . � _ � � , . 16. The applicant shall trim tree in front yard. 17. The applicant must obtain permits for security doors and bars. 18. New structures shall consist of colors reviewed and approved by the Development Services, Planning Division. E_NVIRONMENTRL SERVICES/ENGINEERING DEPARTMENT 19. Submit a grading plan prepared and signed by a registered Civil Engineer, Property � is located within the 100 year flood level zone per boundary map. Also conform to all applicable codes per section 12 �/z 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 IeveL 20. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan wilf be checked by the Department of Environmental Services. No building , permits will be issued prior to the approval of grading plan by the City Engineer. : 21. Reconstruct damaged sidewalk along Wright Road. 22. Construct new drive approach(es) per APWA standards along Wright Road. 23. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six inches (6"). When connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integriry by providing a video tape of the lateral to the Department of Environmental Services/Engineering Division. � 24. Upgrade existing street metal pole with light fixture, underground services and conduits. fxact location shall be determined by the City Engineer. 25. Underground all new utilities. 26. A permit from the Engineering Division is required for all off-site improvements. 27. 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 _ � ., f9DOCUmrn�s nnd S<uinss\jcolln\My Documems\CUPSUOao.doe 4 Public Works/Engineering Division prior to performing any work. Each building shail have its own water meter. 28. Instail one (1) 24" box street tree(s) per APWA standards along Wright Road. . Species shall be determined by Environmental Services. A permit to instail the ` trees is required by the Engineering Division. The exact location of the trees will be determined at the time the permit is issued. BUILDING AND SAFETY DIVISION 29. All construction shall meet or exceed the minimum building standards that are ' referenced in the following codes. . ➢ The Uniform Building Code - 2001 edition; ➢ T-he Uniform Plumbing Code - 2001 edition; � The Uniform Mechanical Code - 2001 edition : The Los Angeles County Fire Code — 1999 edition; ➢ The National Electric Code — 2001 edition; All as amended by the California Building Code of 2001. In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may , conflict, the more restrictive provisions shall govern. � LOS ANGELES COUN7Y FIRE DEPARTMENT � 30. The applicant shall comply with all conditions set forth by the Los Angeles County Fire Department for this application. Piease contact the Los Angeles Counry Fire � Department, Land Development Unit, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4243. - Section 3. A copy of Resolution 3040 shall be delivered to the applicant. . .. c��o��m,pnd sauos:y�ormmy oo��m:�wr:voaa aoc 5 .. APPROVED AND ADOPTED Ehis 9 day of November, 2004, by members of the Lynwood Rlanning Commission, voting as follows: AYES: NOES: � ABSENT: ' ABSTAIN: Jim Morton, Chairman Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Director Jennifer Mizrahi, Deputy City Attorney Development Services Department Planning Commission Counsel G\DOCUmenisand5euings\jcolinUAyDocumen¢\NPSU040.doc � C � ' ° V ��:r:n�u:� rr�.�n�� n�«. �lu � � � " � � � �:��s��: ��o. c:u1> ��si. �no�-3i � r�r�t ��t�. �aoa-os � � � � � � � ZC i:t7. 3C0-l-1!-1 � - � � � � V':1({ hC). 2!)0-i-11; DATE: November 9, 2004 TO: Nonorable Chair and Members of the Planning Commission • fROM: Grant Taylor, Director of Development Services SUB7ECT: CONDITIONAL__USE PERMIT iVO. 2004-33. TENTATIVE TRACT MAP NO. 2004-06 (621631, ZONE CHANGE NO. 2004-04 AND VARIANCE NO. 2004-05 South side of Fernwood Avenue, north of the I-105 (Century) Freeway between Bullis Road and Atlantic Avenue Assessor Parcel Number 6174-001-900-901 & 6189-012-902-908 , APPLICANT: , Hermelio Franco �PROPOSAL _ The applicant is requesting approval to construct thirty-nine (39) single-family _: residential' dwelling units, two-stories in height, with attached two-car garages and .` construct seven (7) common lots (pocket parks) on excess Caltrans properry. The project area consiets of three (3) vacant parceis totaling approximately 176,500 square feet or 4,05 acres in area. The project requires four (4) discretionary approvals and environmental review as follows: • Conditional Use Permit No. 2004-33: Construct thirty-nine (39) detached residences, two-stories in height, with attached two-car garages; and • Tentative Tract Map No. 2004-06 �62163� Subdivide three (3) parcels into forty- � seven (47) lots; and • Zone Change No. 2004-04: Ghange the zoning from "No Zone" to PRD (Planned Residential Development); and . Variance No. 2003-D5: Reduce rninimum street side yard setback from ten-feet (10� to seven feet (7'), and reduce iot sizes to less than 3,500 square feet; and • Environmental Review: An Initial Study was performed and identified potential • significant impacts. Mitigation measures have been incorporated into the project . that would reduce potential impacts to a level of insignificance. A Negative Declaration has been prepared. - . � H:\WORDFILE�PLANNMG\STAFFRPT\cup2001-33,ttm200A-06,zc2001-04yar2004-OS.doc � � , -1- ANALYSIS & DISCUSSION The project proposes the construction of thirty-nine (39) detached single-family residences, two-stories in height, with attached two-car garages, The lots are shallow in depth varying from forty feet (40� to fifty feet (50�. The residences will be developed facing each other and dual driveways in a T-shape would provide access from Fernwood Avenue. The driveways would be ten-feet in width and provide twenty- six feet (26� backup area. Fernwood Avenue would be the street side yard setback and the base of the Caltrans embankment would be the interior side yard. The rear and street side yards would have solid block walls, six-feet (6� in height, for private open space area. The street side and front yard setbacks would have block and iron fencing four-feet (4') ir. height. Interior side yard would have solid sight-obscuring fencing. � The lot sizes range in size from 3,ll8 to 3,894 square feet. The applicant wili project will include five (5) residences for low and moderate income persons. The Lynwood Municipai Code permits a maximum of eighteen (18) residences per acre or one (1) residence per 2,420 square feet of gross property area. The project site is sufficient in size to accommodate a maximum of seventy-three (73) residences. • The floor plans are the same for each lot, just reversed. The floor plans indicate four (4) bedrooms and 2?/i baths witfi common areas on the ground floor and sleeping - , areas upstairs: The residenceswould consist of 1,012 square feet on the first floor and 1,307 square feet on the second floor, totaling 2,319 of living area and 400 square foot two-car garages: Garages a common areas would' be on the first floor with bedrooms and full bathrooms on the second floor. - , The elevations indicate two-story residences, twenty-three feet (23') in height from � grade to top of roofline, with stucco siding and concrete tile roofs. The front yard (east) and street side yard, (north) elevations have architecturai amenities to include varying -building lines, decorative entry ways, window accents, and aesthetically attractive landscaping. � DISCUSSION — VARIANCE The Lynwood Municipal Code requires a minimum street side yard setback of ten-feet (10� in the PRD (Planned, Residential Development) zone. The residences propose seven feet (7�. The private properly actually has twelve-foot setbacks, however, a five-foot (5� sidewaik is required. The LMC requires 3,500 square foot minimum lot sizes in the PRD zone. Thirteen (13) of the parcels total less than 3,500 square feet. " �� - - HiWORDFILE\PLANNINGiSTAFFRP71wp2004-33,nm2004-06,zc2004-04,var2005A5.doc . . . . . _ 2._ Because the parcels are long and linear, it would be extremely difficult to satisfy � setback requirements without substantially reducing the number of residences and reducing floor areas. Six (6) findings are required for the Planning Commission to approve a Variance pursuant to Lynwood Municipal Code Sedion 25-26J. Following are the findings in bold and staff responses. A. The strict .or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical , hardship inconsistent with the objectives of this ehapter. The subject properly is a long and narrow with shallow lot depths. Satisfying : setback requirements would be nearly impossible without substantially reducing the number of units and floor area. B. That there are exceptional or e�ctraord6nary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone. Many properties in the vicinity are square or rectangular in shape that makes meeting setback standards much easier. The subject properties are shallow which makes mandatory setbacks nearly impossible to satisfy without making the project financially infeasible by reducing lots and floor area. C. That strict or literal inte�pretation and enforcement of the specified regulation wou'd deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. A substantial number of multi-family residential properties do not meet setback standards. The applicant satisfies all setbacks except for the street side yard. A number of residences do not satisfy minimum lot sizes. � D. That the granting of the variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone.. The project is consistent with other projects in multi-family residential zones. - The applicant designed the project to satisfy development standards to the maximum extent possible without substantially decreasing unit and floor area. ' - � H:\WORDFILE�PLANNING\STAFFRPT�cup2004-33,ttm2004-06,u2004-04,var2004-0SAoc _ . � . . 3 E. That the grenting of the variance will not be detrimental to the public, . health, safety, or general welfare, or materially injurious to properties or improvements in the vicinity. StafF performed an Initial Study in compliance with the California Environmental Quality Act (CEQA) and determined the project may have potentially significant • ' impacts. Conditions or approval and mitigation measures have been included in the project to reduce potential impacts to a level of insignificance. A Mitigated . Negative Declaration was prepared. F. That the granting of the variance will not adversely.affect the orderly development of the City. . The project is consistent with the General Plan Land Use Map and satisfies goals - and policies set forth in the Land Use and Housing Elements. The variances wilf have minimal impact on properties in the vicinity. - DISCUSSION - ZONE CHANGE , There is no existing zoning as the project area is excess Caltrans parcels. The project proposes to change the zoning form "No Zone" to PRD (Planned Residential Development) that is consistent with the Lynwood General Plan. The project complies witli fhe intent and the majority of development standards of the PRD zone „ DISCUSSION — TEN7ATIVE TRACT MAP The project proposes subdividing three (3) vacant parcels into forty-seven (47) lots. • The e�ra lot would be for the existing electrical substation located between Muriel Drive and Harris Avenue. The subdivision map would be in compliance with the State , Subdivision Map Act and Chapter 24 of the Lynwood Municipal Code. The subdivision map would be checked by the City of Lynwood Department of Environmental Services � and conditions of approval are set forth in Resolution 3042. DISCUSSION — CONDITIONAL USE PERMIT The applicant is proposing to construct thirly-nine (39) detached single-family residences, two-stories in height, with attached 2-car gareges. The Lynwood Municipal Code .requires all multiple family residential _,properties to obtain approval of a conditional use permit. Conditions of approval are set forth in Resolution 3041. A number of. off-site improvernents are required to mitigate impacts of the project and reduce the financial burden on City taxpayer's. Staff is also requesting traffic and hydrology studies. �^ � H�\WOADFiLE\PLANNiNG\STAFPRPTcu0Z004-33,nm2004-06,zQ004-04,var2004-GS.doc - .. , _4_ Lynwood MunicipaF Code Section 25-25J sets forth four (4) findings the. Planning Commission must make in order to grant a conditional use permit. Following are the findings in bold, and staff responses. . A. The granting of the proposed conditional use permit will not adversely affect the comprehensive General Plan. The General Plan Designation is Multi-Family Residential. The project is . consistent with the PRD zoning designation and consistent with the Generai Plan Land Use Map and policies and goals in the Land Use and Housing Elements: B. That the proposed location of the cor.ditionat use is in accord with the , objectives of this chapter and the purpose of the zone in which the site is located. . ; The project would be consistent with the General Plan goals and policies and the PRD zone. Development standards would be satisfied the maximum extent • except the street side yard setbacks and lot sizes. C. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The project may have potentially significant impacts on the environment: Conditions of approval and mitigation measures are incorporated into the project to reduce potential significant impacts to a level of insignificance. • D. . That the proposed conditional use will comply with each of the applicable provisions of this chapter, except for approved variances. The project would comply with most development standards except street side yard setbacks and lot sizes. Findings set forth in Lynwood Municipal Code . Section 25-26J can be made to approve a variance. � ENVIRONMENTAL REVIEW The Development Services Department performed an Initial Study and has determined that the project may have potentially significant impacts pertaining to geology, water, air quality, transportation/circulation, noise and aesthetics. Mitigation measures and : conditions of approval have been incorporated into the project that would reduce potenfial impacts to a level of insignificance. A Mitigated Negative Declaration was prepared. � ' H:\WORDFILH\PLANNING\STAFFRP71cup200433.ttm200d-06,zc2004-04,va2004-OS.doc , _ . - , . . .. , ` 5 _ . . . RECOMMENDATION . Staff recommends that the Planning Commission approve the project pursuant to the following actions: � • Cectify the Mitigated Negative Declaration • Adopt Resolution 3043 approving Zone Change No. 2004-04 and recommend the City Council approve an ordinance changing the zone from "No Zone" to PRD; • Adopt Resolution 3044 approving Variance No. 2004-05; • Adopt Resolution 3042 approving Tentative Tract Map No. 2p04-06 (62163); ,• Adopt Resolution 3041 approving Conditional Use Permit No. 2004-33. ° If the Planning Commission elects to deny the project, or the applicant does not agree to comply with conditions of approval, staff recommends that the Planning Commission adopt Resolution 3043 denying Zone Change No. 2004-04. If the zone change is denied, all other zoning entitlements would become moot. Attachments: 1. Project Profile 2. Location Map 3. Resolution 3043 — Zone Change No. 2004-04 - Deny � 4. Resolution 3043 — Zone Change No. 2004-04 - Approve 5. Resolution 3044 — Variance No. 2004-05 � 6. Resolution 3042 — Tentative Tract Map No. 2004-06 (62163) 7. Resolution 3041 — Conditional Use Permit No. 2004-33 8. Initial Study/Mitigated Negative Declaration � 9. Plans . « H'\WORDFILE�PLANNMG\STAFFRP7lcup2004-33,ttm?004-06,zc2004-04,var2004-OS doc . . �. - _ -6- i PROJfCT PROFILE CUP 2004-33, TTM 2004-06, VAR 2004-05 AND 2C 2004-04 " South side Fernwood Ave., north of I-105, between Bullis Rd. & Atlantic Ave. Assessor Parcel Numbers 6174-OQi-900-901 & 6189-012-902-908 L Source and Authoritv �ynwood Municipal Code (LMC) Section 25-4.2(a) sets forth permitted uses in , residential zones; LMC Section 25-25J sets forth findings approval of a Conditional Use Permit; LMC Section 25-26J sets forth findings to grant a variance; LMC Chapter 24 regulates subdivisions; and LMC Section 25-27 sets forth procedures for Zone Changes. 2. Prooert�Location and Size " The subject property consists of tliree (3) vacant lots totaling approximately - 176,500 square feet in area. The project proposes thirty-nine (39) detached single-family residences, two-stories in height, two-car garages, with four (4) bedrooms and 2�/z baths. Seven (7) pockef parks would aiso be developed. 3. Existina Land Uses Site Developed North: Femwood Avenue then Single and Multi-Family Residential South: I-105 (Century) Freeway West: . Bullis Road then vacant excess Caltrans parcels East: Atlantic Avenue then vacant commercial 4. Land Use Designation The subject properry has a General Plan Designation of Multi-Family Residential, ' there is no current zoning designation. The adjoining properties General Plan and Zoning designations are as follows: Site General Plan Zonina North: Single and Multi-Family Res. R-1 and R-3 South: Transportation No Zone West: Multi-Family Residential R-3 (Multiple-Family Res.). East: Commercial C-3. (Heavy Commercial) . ._ HIWORDFlLE1PLAtJNING\STAFPRPT\cup?004-33,nm2004-Ob,zc2004-04yar2004-OS.doc . . , ,. � . . - 7 - 5. Site Plan Review The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions set forth in Resolutions 3041 and 3042. ' ' 6. Code Enforcement Historv No history of code violations. . 7. Public Res�onse ; None at the time of this report. - � H:\WORDFlLE�PLANMNG\STAFFRPTkup2004-33,nm2004-06,zc2004-04,var2004-OS.doc . � _g_ �� LOCAT'IO(V M�4P � �- � .s' �� . � �, ,r� �-� r �/ �, ; % . � �,- �e, � �- - � P rz� / / � .. F � o �\, .� "' % k � \` �r;� / � / � � �". � � .� � L� ao� � °�a� a «o..,� � �� ' �� . . . .. �� \G � I � Ll l � �� j� / E� /� F' � �� , Y � R � I �� R1 �\ W � 0 0'�� /\ � �� . � ��e, � ' �" e, � s �' ��/ � RIUM Cp a z� � '�=%' a r � " /� � . � � . CYNI�y� C EjyT N �TV < /`� a�' � R' � IR � R �� _ � �� _ �� a \ � 9 �� .. �� i:� i� � R�� l R � ll ' . P ARK P� \� � ...:.�.��. /', ��`� � �� R, l . . . � . - . 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R � R� . � �""i'e� R> R f°'O . .- ' ' � ` R � ~ � t � U l . . . �� R � R O� '.R1 _ R ^ � � � �. �o �� 2 , R, /\� � �; I i�T U � 4 ��. , Az � A / ! � J /Ht (j�y � I R ' R) Rj� !j2 Qt R �1�+. �'j� L � � 'J C ` �r -aa � .�R, o �i � R ��" R . . c � �� R �' . � � o n� °� z � , R.�m � � o / / ��a, ��, ��, R zjR� R _ �„� �� R' R� . . ��D I� � R � � � R ' R v �� ''ors N�Gry / � � � a,. R, /� n, �� ° � � . � S �N � � � � �i �1�� // R, m R . - l - � / ; �� ;U �� e� c 'I aa- . �/ �.._ � � � n R 1 . E.o �� _ f.��<";'��.1 ` � Y,1 _ . � R .,. , " ^ ' . � . . . . . . . . . . .. CONDITIONAL USE PERMIT"2004-33; TENTATIVE TRACT MAP 2004-06 '". CascNo.ZONE CHANGE 2004- AND VARIANCE 2004—OS SiteAddress:SOUTH SIDE FERNWOOD BET44EEN BULLIS RD & ATLANTT AVE. • ApplicantName: HERMELIO FRANCO [ ] 300' or '[ - ] 500' Radius Map . ' � RESOWTION 3043 - DENY A RESOLUTION OF THE PLANNING COMMISSION OF , THE CITY OF LYNWOOD DENYING ZONE CHANGE NO. 2003-04, A REQUST TO CHANGE THE ZONING FROM "NO ZONE" TO PRD (PLANNED RESIDENTIAL DEVELOPMENT) IN ORDER TO CONSTRUCT THIRTY- NINE (39) DETACHED SINGLE-FAMILY I2ESIDENCES ON VACANT PROPERTY LOCATED ON THE SOUTH SIDE OF FERNWOOD AVENUE, NORTH OF THE I-105 . (CENTURY) FREEWAY, BETWEEN BULLIS ROAD AVD ATLANTIC AVENUE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6174-001-900-901 & 6189-012-902-908, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. , WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a duly public hearing on November 9, 2004 on Zone Change No. 2004-04; and WHEREAS, the Lynwood Planning Commission has carefully considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the project may have significant impacts, an Initial Study was performed, mitigation measures have been incorporated into the project, and a Mitigated Negative Deciaration was prepared. . Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. A PRD (Planned Residential Development) zoning designation of the subject property would not be consistent with developments in the vicinity. B. The PRD (Planned Residential Development) zoning designation would not be consistent with Chapter 25 of the Lynwood Municipal Code. ' � � � H:\WORDFILE\PLANNMG�RES09reso3013deny.doc � — I - , ' . C. : The PRD (Pianned Residential Developrnent) zoning will not be consistent with goals and policies set forfh in the Lynwood General Plan. . ' D. ' The PRD (Planned Residential Development) zoning designation may be ` detrimental to the properties surrounding the site and may negatively impact the public health, safety, or general welfare. ection 2. The Planning Commission of the City of Lynwood,,based upon the _ aforementioned findings and determinations, hereby denies Zone Change No. 2004-04 , a � ' request to change the zoning designation for Assessor Parcel Numbers 6174-001-900-901 - & 61889-012-902-908 frorri "No Zone" to PRD (Planned Residential Development). ADOPTED and DENIED this 9"' day of November, 2004 by members of the Lynwood � Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: ]im Morton, Chair � Lynwood Planning Commission ` Grant Taylor, Director Jennifer Mizrahi, Deputy City Attorney _ Development Services Departrnent City of Lynwood ,�H:\WORDFIL6�PLANNMG\RESOSUeso?043deny.doc - ? - ' ' RESOLUTION NO. 3041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2004-33, PERMITTING THE DEVELOPMENT OF THIRTY-NINE (39) DETACHED ' SINGLE FAMILY RESIDENCES, TWO-STORIES IN HEIGHT, WITH ATTACHED 7W0-CAR GARAGES AND SEVEN (7) PUBLIC LOTS (POCKET PARKS) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF FERNWOOD AVENUE, NORTH OF THE I-105 (CENTURY) FREEWAY, BETWEEN BULLIS ROAD AND ATLANTIC AVENUE FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6174-001-900 AND 901, 6189-012-900 AND 908, LYNWOOD, CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a duly _ noticed public hearing on November 9, 2004; and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the � proposal may have potentially significant impacts on the environment, an Initial Study I was performed, and a Mitigated Negative Declaration prepared with mitigation measures that would reduce potential impacts to insignificant levels in eccordance with the . � California Environmental Qualify Act (CEQA), therefore; Section 1. The Planning Commission of the City of Lynwood hereby finds and , determines as follows: i� � A. The granting of the proposed conditional use permit will not adversely affect the comprehensive General Plan. The Lynwood General Plan designates the � properly as Multi-Family Residential and the project is consistent with the i land use map designation. " � I H9WORDFILE\PLANUIUGVtE50S4cso3Wla.EOC � � ; B.� That the proposed location of the conditi'onal use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site in located. The project proposes a PRD (Planned Residential Development) zone. The project is consistent with the zoning designation and intent of the Lynwood Municipal Code Chapter 25. C. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safery, or welfare, or materially injurious to properties or � improvements in the vicinity. Mitigation measures and conditions of approval have been incorporated into the project to reduce potentially • significant impacts to levels that are insignificant. D. That the proposed conditional use will comply with each of the applicable provisions of Chapter 25 of the Lynwood Municipal Code. The project complies with the majority of development standards to include project area; front, rear and interior side yard setbacks; lot coverage; landscaping; building height; and parking. Variances are requested to reduce minimum lot size and street side yard setback. Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2004-33, subject to all conditions of approval set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARThlENY 1. The conditional use must be acted upon within 180 days of approval. The Conditional Use Permit shall become null and void 180 days from the date of approval if not acted on within this.period. One extension of 90 days may be granted if the extension is reGuested in writing prior to the end of the valid period, at the discretion of the Development Services Director. � ` 2. The development shall comply with all applicable regulations of the Lynwood ` Municipal Code, the Califomia Building Code and the Los Angeles County Fire Code � and shall be develo ed in substantial com liance with a roved lans on file with i P P� PP p � the Community Development Department, Planning Division. , I 3. The applicant shail meet the requirements of all other City Departmerits. i i y � I �H\WORDFILE�PLA,�'NINGVtE50S4eso)WIaEw 2 , � 4. Ariy proposed subsequent modification of the subject site or structures thereon, shail be first reported to the Communiry Developrnent Department, Planning Division, for review of said modifications. 5. The applicant/property owner shall sign a Statement of Acceptance stating that he has read, unde�stands, and agrees to all conditions of this resolution prior to submittal for building plan check. 6. The conditions of approval shall be printed on the cover page of the plans prior to submission to the Buiiding and Safety Division. PLANNIPIG DIVISION 7. Landscaped areas shall be a minimum of thirty-five (35%) percent of the gross lot area. The required front, rear, and side yards shall be landscaped and shall consist predominately of plant materials except for necessary walks, drives and fences. Landscaping and permanent irrigation systems shall be installed in accordance with detailed plans to be submitted and approved by the Development Services Department, Planning Division prior to issuance of any building permits. 8. A six (6') foot high solid and sight obscuring fence shall be installed around the perimeter of the property, except within the twenty-foot (20') front yard setback area. Front yard fences not exceeding four feet (4� in height may be permitted by the Planning Division. Rear and street side yard setback areas shall have six foot (6') solid block walis. The applicant shall review fence plans with Caltrans for the interior side yard setbacks adjacent to the I-105 Freeway. The applicant shall submit plans and obtain a fence permit from the Development Services Department, Planning Division prior to installation. � 9. Prior. to any buiiding permits being issued, the developer shall pay $2.24 per square foot for residential buiidings to the Lynwood Unified School District, pursuant to Government Code Section 53080. I ( 10. All driveways, access ways and parking areas shall be permanently paved and � maintained. Such vehicle access and parking areas shall remain clear and ; available for vehicle access and parking at all tirnes. i 11. Acousticai construction materials shall be used throughout the units to mitigate , exterior noise in compliance with the Lynwood Municipal Code. � � I -H'\WORDFILE�PLA:N.VINGUtE5054esolWla.doc 'j ' 12. The roof shall be constructed with a non-reflective material of concrete tile, clay tile, or equivalent. 13. Air conditioners, heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanicai devices shall be located within the rear yard or . side yards. Such equipment shall be screened from surrounding properties and streets and operated so that they do not disturb the peace, quiet and comfort of neighboring residents, in accordance with the City's Noise Ordinance. 14. The applicant shall consult with Southern Cafifornia Edison, Caltrans, County of Los Angeles and other utility and governmental agencies to ascertain easements. The applicant shall provide written determinations from appiicable utility providers and governmental agencies. 15. The residences shall be painted in neutral or earth tone colors pursuant to City of Lynwood approved color schemes. Trim and architectural features may consist of � brighter colors. The applicant shall submit paint samples for siding and trim prior to the issuance of building permits. 16. Construction days and hours shall be limited to Monday through Saturday, 7:00 a.m. to 7:00 p.m. only. 17. The contractor shall water the site daily to reduce fugitive dust emissions. 18. Exterior lighting shall be shielded and directed away from adjacent properties to protect the peace and welfare of residents residing in the area. 19. Each parcel shall require separate site plans, Floor ptans and elevations for buiiding plan check. The site plan shall indicate the lot area, lot coverage, landscaped � areas, etc. I i 20. The block wall adjacent to the street side yard setback shail have climbing vines on I the e�erior side facing Fernwood Avenue to beautify the property and discourage graffiti. ; � 21. The public lots (pocket parks) shall be developed, watered and maintained by the � developer, or an association may be formed and Covenants, Conditions and � Restrictions (CC&R's) to regulate funding and maintenance. Such pocket parks shall remain clear of trash, debris, graffiti and planting materials shall be � . � maintained at all times. The applicant shali submit detailed landscaping and irrigation plans for each pocket park. ' H:\WORDFILE�PLA�T'ItiGUtE5054eso3pilaEOC Q I 22. Prior to submittal for building plan check the applicant shall submit material sample boards of siding and roof materials for the residences. . 23. Approval of this conditional use permit is subject to approval of Zone Change No. 2004-04, Variance No. 2004-05, Tentative Tract Map No. 2004-06 (62163) and certification of the Mitigated Negative Declaration/Initial Study. REDEVELOPMEfdT DIVISION 24. A minimum of five (5) of the residences shall be sold for low/moderate income persons pursuant to HUD G�idelines. 25. The development shall be consistent and comply with all provisions set forth in the Development and Disposition Agreement (DDA) approved by the Lynwood Redevelopment Agency. PUBLIC WORKS/ ENGIRfEERING DEPARTMENT 26. Identify all parcels of land to be included in development site. 27. Submission and recordation of a Trect Map is required. Certificates of occupancy will not be issued prior to the recordation of a subdivision map. 28. Underground all utilities. 29. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by the Public Works Departrnent. No building permits will be issued prior to the approval of grading plan by the City Engineer. Grading plan (s) I shall address drainage of I-105 (Century) Freeway embankment. 1 30. Construct five-foot (5� wide sidewaik along Fernwood Avenue with required i American With Disabilities Act (ADA) access ramps. I 31. Construct new drive approaches per APWA standards. � 32. Connect to public sewer. Each building shall be connected separately. Construct i laterals as necessary. Minimum size required is six-inches (6'�. When connecting � to an existing lateral, a City approved contractor shall verify the size of such lateral and sliall provide proof of its integrity by providing a video tape of the lateral to ! the Department of Environmental Services/Engineering Division. H\WORDFILE�PLAN\I\GVtE50Strem30aladoc ' 5 33. Provide and install new marbelite street pole(s) with light fixture(s), and underground services and conduits on the south side of Fernwood Avenue. Street lighting improvement plans shall be reviewed and approved by the City. Number of street lights shall be determined by lighting improvement design. 34. All Edison vaults and structures shall be placed underground. 35. A permit from the Engineering Division is required for all ofF-site improvements. - 36. All required water meters, meter service changes and /or fire protection lines shali be installed by the developer. The work shall be performed by a licensed contractor hired by the developer. The contactor must obtain a permit from the Public Works/ Engineering Division prior to performing any work. 37. This development is subject to the Ciry's Standard Urban Stormwater Mitigation Plan Ordinance (SUSMP). Pursuant to Section 14.13 of the City of Lynwood Municipal Code relating to the control of pollutants carried by stormwater runoff, structurai and/or treatment control best management practices (BMP's); a maintenance agreement for the Standard Urban Stormwater Mitigation Plan (SUSMP) shall be signed by the owner(s) and submitted to the Department of Environmental Services/Engineering Division. ' 38. Grind and overlay one and one-half inches (1 1/2 '� asphalt pavement on - Fernwood Avenue from edge of gutter to edge of gutter between Bullis Road and Atlantic Avenue. 39. Construct eight inch (8") sewer main on Fernwood Avenue from Ernestine Avenue to Atlantic Avenue. Sewer improvement plans shall be reviewed and approved by the City. 40. Construct new twelve-inch (12'� water main and upgrade existing water mains to 12" water main on Fernwood Avenue from Bullis Road to Atlantic Avenue. 41. Underground electrical overhead cables/poles on Fernwood Avenue between � Ernestine Avenue and Bullis Road. i i I 42. Provide hydrology study to address water runoff created by this development. I Identify drainage mitigation measures including but not limited to construction of � curb and gutters on south side of Fernwood Avenue, construction of new catch I I H\N'ORDFILEIPLA\\N41RE50S4cwlWladoc C . . O basins, etc. Special attention should be given to the areas near Ernestine Avenue and Gertrude Avenue where water ponding is known. 43. Provide traffic study to identify traffic impact by the project and identify mitigation measures. Mitigation measures shall address compliance with the Congestion Management Program Requirements (CMP). BUILDING AND SAFETY DIVISION 44. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. ➢ The Uniform Building Code- 2001 edition; : The Uniform plumbing Code- 2001 edition; : The Uniform Mechanical Code- 2001 edition ➢ The Los Angeles County Fire Code — 2001 edition; ➢ The Nation Electric Code — 2001 edition; All as amended by the California Building Code of 2001. In case where the provisions of the California Buitding Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shali govern. LOS ANGELES COUNTY FIRE DEPARTMENT 45. The applicant shall comply. with all conditions set forth by the Los Angeles County Fire Department for this application. Please contact the Los Angeles County Fire Department, land Development Unit, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA. 90040-3027, or call (323)890-4243. I � � � � , � i i i I H:\N'ORDFILE\PLANNINGUtES054eml0aledoc 7 APPROVED AND ADOPTED this 9"' day of November, 2004, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Jim Morton, Chairman Lynwood Planning Commission APPROVED AS TO COtVTENT: APPROVED AS TO FORM: Grant Taylor, Director ]ennifer Mizrahi, Attorney Development Services Department Planning Commission Counsel � � I H'.UYORDFILE�PLA\']ISGViES054csol0aiadw 8 RESOWTION NO. 3042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE �TRACT MAP NO. 2004-06 (62163), SUBDIVIDING THREE (3) CITY OWNED PARCELS INTO FORTY- SEVEN (47) LOTS FOR THIRTY-NINE (39) DETACHED SYNGLE-FAMILY RESIDENCES, SEVEN (7) POCKET PARKS, AND AN ELECTRICAL SUBSTATION FOR PROPERTY LOCATED ON THE SOUTH SIDE OF FERNWOOD AVENUE BETWEEN BULLIS ROAD AND ATLANTYC AVENUE, FURTHER DESCRYBED AS � ASSESSOR PARCEL NUMBERS 6174-001-900 & 901, AND 6189-012-900 & 908, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Planning Commission of the Ciry of Lynwood pursuant to law on November 9, 2004 conducted a public hearing on Tentative Tract Map No. 2004-06 (62163); and " WHEREAS, the Lynwood Planning Commission carefully considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal may have a significant impacts on the environment, conducted an Initial Study, included conditions of approval and Mitigation Measures that would reduce potential impacts to a level of insignificance, and prepared a Negative Deciaration consistent with the California Environmental Qualiry Act (CEQA) Guidelines; and Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. The subdivision meets all the applicable requirements and conditions required by the State Subdivision Map Ad and the Subdivision Regulations of Lynwood Municipal Code Chapter 24 and Section 25-18. B. The proposed subdivision is consistent with the applicable goals and policies of the Lynwood General Plan Land Use and Housing Elements. i i ( H:\WORDFILENLANNMGUtE$OStreso304?adoc � I C. Proper and reasonable provisions are available for adequate ingress and egress to the parcels. D. Proper and adequate provisions are available for ail public utilities and public services. E. The project is consistent with the intention and standards set forth in the PRD (Planned Residential Development) zone. Section 2. The Planning Commission of the City of Lynwood, based upon the findings identified above, hereby approves Tentative Trad Map No. 2004-06 (62163) . subject to the following conditions: DEVELOPMENT SERVICES DEPARTMENT ' PLANNING DIVISION 1. The applicant shall meet the requirements set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and requirements of ali other City Departments. 2. The applicant, or his/her representative, shall sign a Statement of Acceptance stating that he/her has read, understands and agrees to the conditions imposed by the Planning Commission, before any building permits are issued. 3. Within twenty-four (24) months after approval of the Tentative Tract Map, the subdivider shali file with the City of Lynwood, a Final Map in substantial conformance with the Tentative Tract Map, as conditionally approved, and in conformance with the Subdivision Map Act and the Subdivision Regulations of the City of Lynwood. 4. No certificates of occupancy shall be issued prior to recordation of the Final Tract Map approved by the City of Lynwood. 5. The Tentative Tract Map shall be filed with the City Engineer, Department of Environmental Services of the City of Lynwood. I � �� I , Z I DEPARTMENT OF ENVIRONMENTAL SERVICES 6. All conditions of the State Map Act and the Ciry'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, Engineering Procedures and Standards, Water Standards, and Planting Standards of the Department of Parks and Recreation. The Developer is responsible for checking with staff for clarification of these requirements. 7. Submit a Subdivision Guarantee to this office. The final map shall be based on a field survey. All surveying for the proposed development will be done by the Developer, including the establishment of - centerline ties. Enclose with the final map the surveyor's closure sheets. - 8. Developer shai! pay all applicable development fees including drainage, sewer, water and parkway trees prior to issuance of any building permits. Pay Tract Map checking fees prior to checking. Pay $100 monument checking fee prior to recordation. Deposit $50 with City Engineer to guarantee receipt by City of recorded, reproducibie mylar, tract map prior to recordation. 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 guaranteed prior to recording of the final map. 9. A grading plan signed by a registered Civil Engineer shall be submitted for the approval of the Director of Environmental Services/City Engineer. The grading plan shali include topography of all contiguous 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. Grading plan(s) shall address drainage of the I-105 (Century) Freeway embankment. i �I H\R'ORDFILE\PLANNING�RESOStreso3012a.doc 3 I Off-site drainage easement 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 Environmental Services/City Engineer. In the event that the design is not provided, the minimum structural section that will be approved by the Director of Environmental Services/City Engineer would be 2 inches of asphalt on 4 inches on untreated rock base. Submit to this ofFice a Geologic/Soils Report signed by a Registered Soils Engineer. 10. The development shall be provided with public sewers. Connect to public sewer. Provide laterals as necessary. Extension of existing sewer main might be necessary at developer's cost: Design of all sanitary sewers shall be approved by the Director of Environmental Services/City Engineer. Construct.eight inch (8'� sewer main on Fernwood�Avenue between Bullis Road and Atlantic Avenue. 11. The Developer shall construct a water system including water services, fire hydrants and appurtenance though the development as required by the Director of Environmental Services/City Engineer. The Developer shall submit a water system plan to the Los Angles County Fire Department for fire hydrant locations. The Developer shall install and provide at his/her expense all required water meters per City of Lynwood Plans/Spects. The Developer shall install on-site water facilities including stubs for water and fire hydrants on interior and on boundary arterial streets. Construct new twelve inch (12") water main and upgrade existing water mains to twelve inch (12") water main on Fernwood Avenue from Bullis Road to Atlantic Avenue. All conditions of the Los Angeles County Fire Department must be met prior to recordation. 12. Where drainage, sewer and other such easements are required, the minimum easement width shall be ten feet (10� to facilitate maintenance unless otherwise approved by the Director of Environmental Services/City Engineer. Dedicate a ten-foot (10� wide strip of property along Fernwood Avenue. � a 13. -Design, configuration and locations of sidewalks shall be subject to the approval of the Director of Environmental Services/City Engineer, and the Special - Assistant of Development Services. Ramps for physically handicapped.persons shall be provided both on-site and off-site as required by State and local regulations. 14. 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 Developer. 15. The Developer shali install all public improvements, as required by the Director of Environmental Services/City Engineer prior to issuance of any occupancy e�rmits for this development. Public Improvements shall include but are not limited to: a) Construct four-foot (4� wide sidewalk along Fernwood Avenue. b) Construct new sidewalk, curb and gutter, drive approaches and required pavement along Fernwood Avenue. .. , c) . Underground electrical overhead cables/poles on Fernwood Avenue between Ernestine Avenue and Bullis Road. d) Grind and overlay one and one-half inch (1 1/2'� minimum on Fernwood Avenue between Bullis Road and Atlantic Avenue. e) Improve water drainage on south side of Fernwood Avenue at Ernestine Avenue. Drainage plans shall be reviewed and approved by the City. � Construct six-foot (6� wide parkway and iandscape with grass. g) Provide and install new marbelite street pole with light. fixture, and underground services and conduits on south side of Fernwood Avenue. � Street lighting improvement plans shall be reviewed and approved by the � City. Number of street lights shall be determined - by lighting �� improvement plan. ; � � HiWORDFILEWLANNMGU2E50S4eso304?a.doc 5 I 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 protecting city against damage or injury to person or property growing out of, related to, or resulting from improvements or work. The Director of Environmentai Services/ City Engineer will determine amount and form. Deposit with the Director of Environmental Services/ City Engineer before commencing any improvements, a sum estimated by the Director of Environmental Services/ City Engineer to cover cost of inspection of all improvements under his jurisdiction. 16. Provide hydrology study to address water runoff created by this development. Identify drainage mitigation measures including but not limited to construction of curb and gutters on south side of Fernwood Avenue, construction of new catch basins, etc. Special attention should be given to the areas near Ernestine Avenue and Gertrude Avenue where water ponding is known. 17. Provide traffic study to identify traffic impact by the project, and identify mitigation measures. Mitigation measures shall address compliance with the Congestion Management Program Requirements (CMP). BUILDING AND SAEFTY DIVISION 18. All construction shall meet or exceed the minimum building standards that are , reference in the foliowing,codes: The Uniform Building Code-2001 edition; The Uniform Plumbing Code — 2001-edition; The Uniform Mechanical Code — 2001 edition; The Los Angeles County Fire Code —2001 edition; The National Electrical Code — 2001 edition; All as amended by the California Building Code 2001. In cases where the provision` of the California Building Code, the City of Lynwood Municipal Code, or the plans or specification in these plans may conflict, the more restrictive provisions shall govern. 6 LOS ANGELES COUNTY FIRE DEPARTMENT 19. Access shall compiy with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. 20. Fire Department access shall be extended to within 150 feet distance of any e�erior portion of all structures. 21. Private driveways shall be indicated on the final map as "Private Driveway and Firelane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. 22. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. Ali required fire hydrants shall be installed, tested and accepted prior to construction. 23. Provide Fire Department or City approved street signs and building access numbers prior to occupancy. WATER SYSTEM REQUIREMENTS- INCORPORATED 24. Provide water mains, fire hydrants and fire as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 25. The required fire flow for public fire hydrants at this location is _ gallons per minute at _ psi for a duration of _ hours, over and above maximum daily domestic demand. Hydrants flowing simultaneously may be used to achieve the required fire flow. 26. Fire hydrant requirements are as follows: Install _ public fire hydrant(s). Upgrade / Verify exisiting pubiic fire hydrants: Install _ private on-site fire hydrant(s). 27. All hydrants shall measures 6"x4"x2-1/2" brass or bronze, conforming to current AWWA standards C503 or approved equal. All on-site hydrants shall be installed a minimum of 25' feet from a structure or protected by a two (2) hour rated firewall. H:\WORDFfLE�PLANNMG\RES054ew3W?adoc � Location: As per map on file with the office. Other location: 28. Ail required fire hydrant shall be installed, tested and accepted or bonded for prior:to Final Map approval. Vehicular access must be provided and meintained ' serviceable throughout construction. 29. Upgrade not necessary, if existing hydrant(s) meet(s) fire flow requirements. Section 3. A copy of Resolution 3042 shall be delivered to the applicant. � APPROVED and ADOPTED this 9 day of November, 2004, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Jim Morton, Chairman Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Director Jennifer Mizrahi, Deputy City Attorney Development Services Department P�anning Commission Counsel � s I RESOLUTION 3043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CTfY OF LYNWOOD APPROVING ZONE CHANGE NO. Z004-04; CHANGING THE ZONING DESIGNATION FROM "NO ZONE" TO PRD (PLANNED RESIDENTIAL DEVELOPMENT) IN ORDER TO DEVELOP THIRTY-NINE (39) DETACHED SINGLE-FAMILY RESIDENCES AMD SEVEN (7) POCKET PARK ON VACAMT PROPERTY.. LOCATED ON THE SOUTH SIDE OF FERNWOOD AVENUE, NORTH OF THE I-105 (CENTURY) FREEWAY, BETWEEN BULLIS ROAD AND ATLANTIC AVENUE, - FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6174-001-900-901 AND 6189-012-902- 908, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a duly noticed public hearing on November 9, Z004 on Zone Change No. 2004-04; and WHEREAS, the Lynwood Planning Commission has carefully considered all oral and written testimony offered at the public hearing; and WHEREAS, the Lynwood Pianning Commission has determined that a PRD (Planned Residential Development) zoning designation for the subject property would be consistent with the Lynwood General Plan and would be an appropriate location for a multi-family residential project; and WHEREAS, the Development Services Department has determined that the project may have potentially significant impacts on the environment, therefore an Initial Study was performed, Mitigated Negative Declaration prepared and conditions of approval and mitigation measures incorporated into the project to reduce potential impacts to a level of insignificance pursuant to the California Environmental Quality Act (CEQA) Guidelines. H:\WORDFILE\PLANNMG\RESOSUeso3043a.doc — ] — ' . Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. A PRD (Planned Residential Development) zoning designation of the subject property would be consistent with the General Plan Land Use Map. B. The PRD (Planned Residential Development) zoning designation is consistent with existing development in the vicinity. C. The PRD (Planned Residential Development) zoning will be consistent with goals and policies set forth in the Lynwood General Plan Land Use and Housing Elements. D. The PRD (Planned Residential Development) zoning designation will not be detrimental to the properties surrounding the site and would not negatively impact the public health, safety, or welfare or properties in the vicinity. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Zone Change No. 2004-04 changing the zoning designation for Assessor Parcel Numbers 6174-001-900-901 and 6189-012-902-908 from "No Zone" to PRD (Planned Residential Development). H:\WORDFILEIPLANNWGViESOS!reso3043a.dx ' ? ' , APPROVED AND ADOPTED this 9"' day of November, 2004 by members of � the Lynwood Planning Commission, voting as follows: . AYES: NOES: . ABSENT: ABSTAIN: Jim Morton, Chair Lynwood Planning Commission Grant Taylor, Director Jennifer Mizrahi, Deputy City Attorney Development Services Department Planning Commission Counsel � H9WORDFILF�PLANNMG�RESOS4eso30i3a.doc - j - RESOLUTION 3044 A RESOWTION OF THE PLANNING COMMISSION OF � THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2004-05 TO REDUCE THE MINIMUM REQUIRED STREET SIDE YARD SETBACK FROM TEN FEET (10') TO SEVEN FEET (7') AND REDUCE THE MINIMUM LOT AREA ON THIRTEEN (13) PARCELS TO LESS THAN 3,500 SQUARE FEET IN CON]UNCTION WITH A PROJECT TO CONSTRUCT THIRTY-NINE (39) DETACHED SINGLE-FAMILY RESIDENCES AND SEVEN (7) POCKET PARKS ON VACANT PROPERTY LOCATED ON THE SOt1TH SIDE OF FERNWOOD AVENUE, NORTH OF THE I-105 (CENTURY) FREEWAY IN THE PRD (PLANNED RESIDENTIAL DEVELOPMENT) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6174-001-900-901 AND 6189-012-902- 908, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, ' � STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a duly noticed public hearing on Variance No. 2004-05 on November 9, 2004; and WHEREAS, the Lynwood City Councii considered all oral and written testimony offered at the public hearings; and WHEREAS, the Development Services Department performed an Initial Study and ' has determined that the proposal may have potentially significant impacts, mitigation measures have been inciuded in the project, and a Mitigated Negative Declaration was prepared pursuant to provisions of the California Environmental Quality Act (CEQA). Section 1. The Pianning Commission of the Ciry of Lynwood hereby finds and determines as follows: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical � hardship inconsistent with the objectives of this chapter. The subject property is an irregular shape. Satisfying setback requirements would be extremely difFicult without substantially reducing the number of units or floor areas. H:\N'ORDFRE�PLA\NINGJiES054cm1 Wia dw 1 b. That there are exceptionai or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone. Many properties in the vicinity are square or rectangular in shape that makes satisfying setback and lot size standards much easier. The subject property is an irregular shape that makes mandatory setbacks and lot sizes very difficult to satisfy without substantially reducing the number of residences. c. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other similar prop�rties in the same zone. A number of multi-family residential properties.do not meet setback or lot size standards. The irregular shape of the subject properry makes satisfying setbacks and lot sizes extremely difficult. d. That the granting of the variance, as conditioned, will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone. The project is consistent with other projects in multi-family residential zones. The applicant designed the project to satisfy all standards to the extent possible and has reduced the number of units from the maximum of seventy-three (73) allowed to thirly-nine (39). e. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materiaily injurious to properties or improvements in the vicinity. Staff performed an Initial Study in compliance with the California Environmental Quality Act (CEQA) and determined the project may have potentially significant impacts. Conditions of approva! and mitigation measures have been included in the project to reduce potential impacts to a level of insignificance. f. That the granting of the variance will not adversely affect the orderly development of the City. The project is consistent with the General Plan Land Use Map. Approving the zone change would make the subject properly consistent with the General Plan. The variances wiil have minimal impacts on properties in the vicinity. Section 2. The Planning Commission of the City of Lynwood, based upon the findings and determinations mentioned above, hereby approves Zone Change No. 2004-04. H:\N'OROFILtIPLA\\I\GUtE5054esoi6taa doc ' 2 APPROVED AND ADOPTED this 9 day of November, 2004, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: - ABSENT: ABSTAIN: � Jim Morton, Chair Lynwood Planning Commission Grant Taylor, Director Jennifer Mizrahi, Deputy City Attorney . Development Services Department Planning Commission Counsel H:\WORDFILE�PLh\'NINGViE50SUew304iaJOc 3 City of Lynwood Development Services Department ' 11330 Bullis Road Lynwood, CA 90262 (310) 603-0220, �89 NOTICE OF DETERMINATION To: County Clerk From: City of Lynwood County of Los Angeles Development Services Dept. 500 West Temple 11330 Bullis Road Los Angeles, CA 90012 Lynwood, CA 90262 5UBJECT: Filing of Notice of Determination in compliance with CEQA Guidelines Project Title: Conditional Use Permit No. 2004-33, Tentative Tract Map No. 2004-06 (62163), Zone Change No. 2004-04 and Variance No. 2004-OS Lead Agency: City of Lynwood, Development Services Department, Planning Division Project Location: Assessor Parcel #'s 6174-001-900 & 901 and 6189-012-902-908 Vacant lots on the south side of Fernwood Avenue, north of the I-105 (Century) Freeway, between Bullis Road and Atlantic Avenue. Project Description: Construct thirty-nine (39) detached single-family residences, two- stories in height, with atiached two-caz garages and seven (7) pocket parks on three (3) vacant parcels that total approximately 176,500 square feet or 4.05 acres in area. In addition, subdivide three (3) parcels into forty-seven (47; lots; reduce the minimum street side yard setback from ten feet (] 0') to seven feet (7') and reduce lot size for thirteen (13) lots to less than 3,500 squaze feet; and change the zoning from No Zone to PRD (Planned Residential Development). Notice of Intenh This notice is to advise that the City of Lynwood as Lead Agency has approved the above-described Mitigated Negative Beclazation/Initial Study. The Planning Commission certified the Mitigated Negative Declaration/Initial Study, approved Conditional Use Pern�it No. 2004-33, Tentative Tract Map No. 2004-06 (62163), Zone Change No. 2004-04 and Variance No. 2004-OS on November 9, 2004. On , 2004 the Lynwood City Council certified the Mitigated Negative Declaration/Initial Study and approved "Lone Change No. 2004-04. The Plannin� Commission and City Council have made the following findings and de[erminations regazding the above-described project. ]. The Project will not have a significant impact on the environment. Conditions of approval and Mitigation Measures have been included in the project to reduce potential impacts to a level of insignificance. Notice of Determinatio❑ CUP 2004-33, TTM 2004-06, ZC 2004-04, VAR 2004-OS ' Page 2 2. A Mitigated Negative Declazation was pcepazed for this Project pursuant to the provisions of the California Environmental Quality Act (CEQA). 3. Mitigation Measures were made a condition of approval of this Project. 4. A Statement of Overriding Conditions was not adopted for this Project. 5. Findings were made pursuant to the provisions of the Califomia Environmental Quality Act (CEQA). This is to certify that the Mitigated Negative Declaration/Initial Study with public . comments and responses and record of project approval is available to the General Public at Lynwood City Hall, Development Services Department, Planning Division, 11330 Bullis Road, Lynwood, CA 90262, (310) 603-0220, Ext. 289. Signature: Date: � Name/Title: Grant Taylor, Director of Development Services Date received for filing at County of Los Angeles: � City of Lyuwood � Community Development Department ' 11330 Bullis Road Lynwood, CA 90262 (310)603-022Q X289 NEGATIVE DECLARATION Countv Clerk - County of Los Angeles 500 West Temple Los Angeles, CA 90012 RE: � Negative Declazation for Conditional Use Permit No. 2004-3 Tentative Tract Mav No. 2004-06 (6216i1, Z,one Change No. 2004-04, and Variance No 2004-05. To Whom It May Concern: Application has been filed with the Ciry of Lynwood for approval of the project known as Conditional Use Permit No. 2004-33. Tentative Tract Map No 2004-06 (6�163) Zone Chan¢e No. 2004-04 and Vaziance No. 2004-05, located on three vacant narcels located on the south side of Fernwood Avenue between Bullis Road and Atlantic Avenue. Assessor Pazcel Numbers 6174-001-900 & 901 and 6189-012-902-908 within a No Zone designation (vacant Caltrans), and to be developed by the applicant Hermeliu Franco.. The project is briefly described as: , Approval to construct thirtv-nine (391 detached single-familv residences two-'stories in heieht �-ith attached two-car earages and seven (7) pocket pazks on vacant lots that total " �roximatelv 176.500 square feet or 4.05 acres in area. In addition the applicant proposes to subdivide three (28) parcels into forty-seven (47) lots• reduce the minimum street side vard setback from ten-feet (10'1 to seven-feet (7') and reduce minimum lot size for tfiirteen (13) parcels to less than 3,500 square feet: and chanee the zonin� from No Zone to PRD (Planned Residential Develooment) The properties are further described as Assessor Pazcel Numbers 6174-001-900 & 901 and 6189-012-902-908. ENVIRONMENTAL ASSESSMENT: An Initial Study was performed and possible significant impacts were identified pertaining to Geological Problems, Water, Transportation/Circulation, Air Quality, Noise and Aesthetics. Mitigation measures have been included in the project and if such mitigation measures are implemented and monitored, potential significant impacts would be reduced to a level of insignificance. n:�..�o.em��pi�� d« Rniud OJ-?)-96 - In accordance with the authority and criteria contained in the Califomia'Environmental � Quality- Act (CEQA) State Guidelines, and the City of Lynwood Guidelines for the implementation of the California Environmental Quality Act, the Department of Development Services, Planning Division of the Ciry of Lynwood analyzed the project and determined that the project will not have a significant impact on the environment. . Based on this finding, the Department prepazed and hereby filed this NEGATIVE DECLARATION. • A period of twenry-one (21) working days from the date of filing.of this NEGATNE DECLARATION was provided to enable public review of the project specifications and _ , this document prior to action on the project by the Ciry of Lynwood. A copy of the • project specifications is on file in the offices of the Department of Development Services, � � Planning Division, City I�all Annex, ll330 Bullis Road, Lynwood, California, 90262 �- ' (310) 603-0220, Extension 289. It is the finding of the City of Lynwood that the project will not have a significant effect on the environment. The Mitigation Measures included in the attached Initial Study and Conditions of Approval set forth in Planning Commission Resolutions 3041 and 3042 would reduce the impacts to insignificant levels. The above finding is based on the following: A. The site of the proposed project is adequate in size and shape to accommodate � seventy-three (73) residences, however, thirty-nine (39) residences are proposed. B. The proposed project, as conditioned, will reduce possible significant impacts to a _- level of insignificance. Conditions of approval have been made a part of the conditional use permit and will be implemented and monitored. C. The proposed project will not have a negative impact on the value of the surrounding properties or interfere with or endanger the health, safety or welfaze or persons residing or working in the vicinity. D. The granting of the variance, zone change, tentative tract map and conditional use permit will not adversely affect the comprehensive General Plan. The City has drafted a revised Ueneral Plan and Land Use Map that are consistent with the � project. The project will comply with goals and policies in the Land use and Housing Elements. _. E. The location of the project and conditions under which the residences would operate are in accord with the requirements of the Zoning Ordinance and the purpose of the zone in which the site is located. F. The location of the project and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or impiovements in the vicinity. e - ' G. The project will comply with each of the applicable provisions of this chapter; except forapproved variances. � . n��womeie�via�� ao� . . . . � � a�hue m-zv-ea . . Mitigated Negative Declaration _ ' " CUP 2004-33, TTM 2004-06, ZC 2004-04, VAR 2004-OS Page 2 . This Document, the Notice of Determination and Initial Study are being filed in duplicate. - Prepared and filed by: The Department of Development Services, Planning Division ' � , BY: �� Grant Taylor, Dire of evelopment Services _ DATE: October 18, 2004 � � � � � h�.\wordfile\plannningUormSnegEec.doc � . � Re.isedOZ2)-98 ' ' INITIAL STUDY/Environmental Check�ist . 1) Project Title: _ Conditionai Use Permit No. 2004-33, Tentative Tract Map No. 2004-06 (62163), Zone Change No. 2�0 04, and Variance No. 2004-OS 2) Cead Agency Name and Address: , City of Lynwood Development Services Department • 11330 Bullis Road ' Lynwood, CA 90262 3) Contact Person, Title and Phone Number: , Grant Taylor, Director Development Services Department . (310) 603-0220, E�. 326 • 4) Projed Location: . The sutiject property consists of [hree (3) vacant excess Caltrans parcels owned by the City: The parce total approximately 176,500 square feet or 4.05 acres in area and are located on the south side '� Fernwood Avenue, north of the I-105 (Century) Freeway, between Bullis Road and Atlantic Avenue, '', 5) Project Sponsor's Name and Address: Hermelio Franco 9369 Gainford Avenue Downey, CA 90240 • (562)755-4571 6) General Plan Designation: , Multi-Family Residential 7) 2oning: No Zone 8) . Description of Project: (Describe the whole action involved, including but not limited to later phase of the project, and any secondary, support, or off-site features necessary for its implementation.) � Construct thirty-nine (39) detached single-family residences, two-stories in height, with attached two-cz ` ` garages, and construct seven (7) common lots (pocket parks) on excess Caltrans property. Tlte projec includes four {4) discretionary applications to include: Conditional Use Permit No. 2004-33: Construct thirty-nine (39) residential dwefling units; Tentative Tract Mao No. 2004-06 (62163LSubdivide three (3) parcels into forty-seven (47) lots; Zone Chanqe No. 2003-01• Change the zone from No Zone to PRD (Planned Residential Development); Variance No. 2003-07: Reduce the minimum,street side yard setback from ten-feet (10') to seven fee (7') and reduce the minimum Iot sizes for thirteen (13) residences to less than 3,500 square feet. 9) Surrounding Land Uses and Setting: (BrieFly describe the projed's surroundings). ' : The subject Qroperty is vacant irregular shaped excess Caltrans parcels totaling approximately 176,Si square feet or 4.05 acres in area. The subject property is within an area that has a mix of single-fam , and multiple-family residential land uses as follows: _ . Subject: Three (3) vacant lots South: I-105 (Century) Freeway ' " ' North: Fernwood Avenue then Single-Famity and Multi-Family Residential East: Vacant commerciaf � West: Bullis Road then vacant Multi-Family Residential designated property 10) Other agencies whose approval is required: (e.g., permits, financing approval or participatic agreement). Southem California Edison Los Angeles County Public Works Department � Los Angeles County fire Department Environmental Factors Potentially Affectedp , . The environmental factors checked below wouid be potentially affected by, this project, involving at least or impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. _Land Use and Planning X Transportation/Circulation _Public Services __Population and Housing _Biological Resources Utilities & Service Systems , X Geoingical Problems _Energy & Mine�al Resource X Aesthetics X Water _Hazards Cultural Resources X Air Quality X Noise _Recreation _Mandatory Findings of Significance ' Determination: . (To be completed by the Lead Agency.) On the basis of this initial evaluation: ' I find that the proposed project COULD NOT have a significant effect on the environment, ' and a NEGATIVE DECLARATION.will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an atfached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. XX I find that the proposed project MAY have a significant effed on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. • , I find that the proposed projed MAY have a significant effect on the environment, but at Jeast one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earfier analysis as described on attached sheets, if the effect is'a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find Yhat although the proposed projed could have a significant effect on the e�vironment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier fIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. �� U ! �a'/i� y Signature Date GRANT TAYLOR, DIRECfOR CIIY OF LYNWOOD DEVELOPMENTSERVICES DEPARTMENT Printed Name/Title For Evaluation of Environmental Impacts: 1) A-brief exp�anation is required for all answers except "No Impad" answers that are adequately supporte by the information sources a lead agency cites in the parenthesis following each question. A"NO Impad answer if adequately supported if the referenced information sources show that the impact simply doe , not apply to projecks like the one involved (e.g., the projed falls outside a fault rupture zone). A"N Impact" answershould be explained where it is based on project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-sitE cumufative as well ae projed-level, indirect as well as direct, and construction as well as operation� impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significan If there are one or more "Potentially Significant ImpacY' entries when the determination is made, an EI , is required. , 4) "Potentially Significant Unless Mitigated Inmrporated" applies wfiere the incorporation bf miti9atio measures has reduced an effect from "Potentially Significant Impact° to a"Less than Significant Impact, The lead agency must desccibe the mitigation measures, and brieFly explain how they reduce the effect t a Jess than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross - referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program•EIR, or other CEQA process, , effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(C Earlier analyses are discussed in Sedion XVII at the end of the checklist. . 6) Lead agencies are encouraged to incorporate into the checklist references to information sources,f , potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outsi� document should, where appropriate, include a reference to the page or pages where the statement , substantiated. A source list should be attached, and other sources used orindividuals contacted sho� be cited in the discussion. ' � � _ Potentially � . _ .. . . . . � � Signifiwnt - � � ' . . Potentially Unless Less Than .. . � , Signi£cant Mitigation Significant .. No � � . ' Impact Incorporeted Impact Impaci . - ` Issues (and Supporting Information Sources):� � � � � � � � � . Would the proposal result in poten6al impacts involving: � . � � -�� - , I. LAND USE AND PLANNING. Would the proposaL• � - � . . a) ConFlict with generaf plan designation or _ .� � zoning? (Sourte(s): ) — — . Discussion: � � � - The General Plan Land Use Map Uesignation is Multl-family Residential. The projec[ requires approval of a conditior - use permit, tentative tract map, variance, zone change, and environmental assessment. The projed is �consistent wi .. . , the General Plan Land Use Map, goals and policies set forth in the land Use and Housing Elements. � b) ��COnFlid with applicable environmental plans _ X,y �� or policies adopted by agencies with junsdidion . . over the project? ( ) . �� . � � �� Discussion: . . � � � _ The soil may be in a liquefaction or expansive soil area. Soil reports will be required with submittal of plans for buildii ' . plan check prior to permitr. �� . � � � • �- . c) Be incompatible with existing land use in _ � . � � . . � the vicinity? ( ) ,. — � — � � — � Discussion: � .. � � . � The project vicinity contains a miMUre of single-family and muiti-family residential properties along the north side of � Fernwood Avenue. Fxtenor lighting would be shielded and directed away from adjacent properties. Conditions of . approval would be implemented to inciude but not belimited to iandscaping, euterior colors, fencing, handicap access, - . . parking, lot toverage, etc. � � � , d) Affect agricuitural resources or operations _ _ � � �y � . .. (e.g., impacts to soils or farmlands, or impacts � . ' from inmmpatible land uses)? ( ) , . . , .. � e) Disrupt or divide the physical arrangement of _ _ � � �� ' - _ .an establisfied communiry (including a low � • � income or minonty community)? ( ) , � L . ° � , Potentially .. � . . . - �� . Signi£cant � � - � � . � ' � � Potentially Unless Less Than � . . Signifiwnt Mitigation � Signi£cant. No � - . ' - , Impact Incorporeted Impact - Impad �, '�� IL � ,POPULATION AND NOUSING. Would the proposaL• � . . - . " a) Cumulatively exceed offcial regional��or local _ _ . p� � � . population pFojecBons? ( ) � , , � �� b) Induce substantial growth in an area either _ _ - . p� �" ' directly or indirectly (e.g., through projects in . � an undeveloped area or extension of major � � infrastructure)? ( ) � , . � . � c) Displace existing housing, espetialty affordable _ _ � X,y � housing? ( ) � � . — � . � � � III. ' GEOLOGIC PROBLEMS. Would the proposal result . � �. � �- �in or expose people to potentiafimpacts�involving:� . . . �� . � . a) Pault rupture? ( ) . _ . _ _ � - . p� - . b) Seismic ground shaking? ( ) � _ � _ � � � _ � Disassion: . � . � ' � � � � There are no acGve fault zones in the vicinity of the subject property. However, earthquakes of large magnitude cou , - . create seismic ground shaking. The residences would be plan checked and inspected to enwre seismic retrofR a� � compliance with the CaliPOrnie Building Code. � � - � � � . - t) � "Seismic ground failure? ( ) � _ _ � �� X,y � � � � � d) Seiche, fsunami, or volcanic hazard? ( ) _ _ � 7p� � � � e) Landslides or mudflows? ( � ) _ , .p� ' .. fj Erosion, changes in topography or unstable soil _ XX - ' � conditions from excavation, grading, or fIR ( ) � � . � Discussion: ' � . �� The 176,500 square foot property would be graded and developed with thirty-nine {39) homes and� seven pocket parl . - ' . ��that would indude„ concrete, asphalt and landscaping. The project may signifcantly alter drainage pattems and gradir �. . - -could create .erosion in the short term during construction, however, detailed grading and drainage plans would t �� . _. required and the property would� be inspected to ensure code compliance. - . - � g) � Subsidence of the land? ( ) . � _ � � _ . h) Expansive soils? ( ) � — — � . _ . � Distussion: . � � . � The Cry is within a liquefaction area and soil compaction may be an issue. A detailed soils report would be require - � during plan chetk and pdor to issuance of building permits. � � � � i) Unique geologit or physiwl features? ( ) .. _ ' � p� - � � � � . Potentially . , - � � SignificaM . . . . , � � . � PotenNally Unless Less Than,. � Signifiwnt Mitigation Signi£cant No � � - � � � Zmpact Incorporated Impad ImpaC � � N. WATER.� Would the proposal resuft in: � _ a) Changes in absorptlon�rates, drainage pattems, _ XX _ . - . � . � . or the rate and amount of surface runoff? ( ) � - � Discussion: � , � Development of thirty-nine (39) residences and seven paket parks wouid require that the currently vacant prope��, � would have struttures, fences, driveways and landscaping, thereby altenng absorption rates and drainage pattems. T . � City will require detailed grading and drainage plans to ensure proper drainage and protect properties in the vicinity. .. �� . . , . b) �Exposure of people or property to water _ p� � related hazards such as.Flooding? ( ) '� . Discussion: �� , The subjed property is-not within a 100-year Flood zone, however, grading and paving would alter drainage patten �� - The City wili require grading and drainage plans to �be checked and approved by the Department of �Environmert ' � Services. ' � . . . c) Discharge into surface waters or other alteration _ _ � � _ of surtace water quality (e.g., temperature, � - � - � dissolved ozygen or turbidity)? ( ) ' , . , .. � � d) Changes in the amount of surtace water in _� _ p� � � any water body? ( ) . � - � e) � Changes in currents, or the course or direction _ � � , � � �� . � of water movements?��( ) , , - _ � Change in the quantity of ground waters, either _ � _ � , � �y � �� through direR additions or withdrawals, or � � � � ' � . � ' through inter[eption of an aquifer by cuts or � � : . . � • exwvations, or through substantial loss of � ' . _ �� groundwater recharge capability? ( ) . , � .� g)' Altered direction or rate of Flow of groundwater? _ _ . _ p� _ �� h) Impacts to groundwa[er quality? ( ) _ _ p� _ -� , Discussion: - � � � , � Construction activities and development of thirty-nine (39) residences may have short and long term impacts. A Standa . � Urban Stormwater Mitigation Plan will be required pursuant to the Regional Water �Quality Control Board to screerz ai � � . ' . � filter mntaminznts. - � . . , , i) Substantial reduRion in the amount of . _ � _ _ p� , _ . � � � . groundwater otherwise available foc - . . � � . public water supplies? ( ) . � - V. . AIR QUALITY. Would the proposaL . � . a) Violate any air qualiry standard or contribute to XX __ � _ � � an exisNng or projected air quality violation? ( ) � . � ' � , � � ' � Discussion: . , . � . � .. � �� Construction acGvities and vehicle trips to residences may affect air quality. �HOUrs and days af construction would t . . � � limited to Monday Ynrough Saturday from 7:00 a.m. to 7:00 p.m. Vehide trips for single-family would not greaUy increa� � pollutants. . , - � � Potentially � .. � � . ' � . � Significapt . � � � . Potendally Unless Less 7han � _ -� - � ' � - . Significant Mitigation Significant . No ' � � - - � . � � - Impact Incorporated Impact Impact � -b) Expose sensitive receptors to polluWnts? ( ) _ XX _ _ � � �� . � Discussian: � . . -�- - � � Residential properties in the immediate vitinity may be affected in the short-term by grading and �construction activitie � The applicant would be required� to wet the site daily to reduce fugitive dus[ emissions during const�uction. Vehide tr - ' � ends for single-family residences would not signifcantly impact air quality. � - . � c) . Alter air movement, moisture, or temperature, _ _ _ XX , " �� or cause any change in climate? ( ) � - �d) Create objeRionable�odors? ( ) _ _ _XX_ _ . � Discussion: � � . Odorsmay be present.in the short-term during mnstruction. The applicant would be required to compiy with all loc� �� .. � �. state, and federal code requirements pertaining to air quality, Days and hours �of construction would be limited �� . Monday,through Saturday from 7:00 a.m. to 7:00 p.m. to protect thehealth, and safety of persons in the vicinity. � ,VI.� TRANSPORTATION/CIRCULATION. . � Would theproposal result in: � ' a) Increased vehide trips or traffic congestion? Q _ XX . � � Discussion: � � . . Thirty-nine (39} residences would increase vehicle traffc, however, the project is consistent with the PRD (Plannf . Residential Development) zoning and development in the vicinity. Fernwood Avenue is adequate in width� � � � accommodate single-family residences. Atlantic Avenue, Bullis Road and other roads can accommodate the added trips. .. b) Hazards to safety from design features (e.y., _ XX _• . sharp curves or dangerous intersection) or � - � incompatible uses (e.g., farm equipment)? ( ) . ' . -� Discussion: � � � � � - Residences would face each� other and the access driveways would be Y-shaped and - located adjacent to Fernwoc . Avenue. Traffc vision �is clear in both diredions � �` � c) Inadequate emergency access or access _ , XX � _ � . to nearby uses? ( ) _ . . , Discussion: . . � � � . � � The applicant will be required to maintain adequate vehide access and the driveways shall remain dear and accessible I . _ . � . , . vehides at all times. � � . . d) Insuffcient parking capacity on-site or off-site? _ � XX _ � � . Disassion: � . The applicant will be required to� provide a two-car garage for each residence. � Such garages shall remain dear ar � � accessible for vehicle parking at all times. Parking is also available in front of garages in driveways. � - � ' - �- e) ' Hazards or barriers for pedestrians or bicydisLS? _ _ _ - � XX � . . � ConFlicts with adopted policies supporting X7( � � . , alternative transportation (e.g., bus turnouts, � � � . � . � � . �bicycle racks)? ( ) ' . ° . � � � g) Rail, waterborne or air traffic impact5? ( ) _ - _ )0( . . . Potenti;lly . � - ' . � Significant - . � � . � � -- Potentially Unless leuThan , . - Significant Mitigation Signifcant No . , ' - � Impact Incorporated � Impact - � Impac � VII. � - BIOLOGICAL RESOURCES. �� .. � � ' Would the proposal resWt in impacts to: . . � � �� a) Endangered, threatened, or rare species or their _ _ � � habitatr (induding butnot limited to piants, fsh, � - insects, animais, and birds)? ( ) � _ �b)� Locally designated species (e.g., heriWge trees)? _ _ _ � � c) Locally designated natural communities _ � 7p� � � � � (e.g., oak forest coastal habitat, etc.)? ( ) .. � � . d) Wetland habitat (e.9., marsh, nparian, and - _ . � vernal pool)? ( ) � � , e) Wildlife dispersal or migration wrridors? O _ _ - _ p� _ � � VIII. ENERGY AND MINERAL RESOURCES. , � . . � � Would the proposal: . ' � a) Conflict with adopted�energy mnservation pians? _ _ . _ �� . � b) � Use non-renewable resources in a wasteful and _ _ p� . . � � . ineffitient manner? ( , ) �— � � c) ResWt in the loss�of avallability of a known _ _ � p� � ' , � - minerelresource ttiat would be offuture value � � - � . � . � to the�region and the residentr of the State? ( ) � � �� IX. HAZARDS. Would the proposal involve: . _ �' � a) � A risk of at[idental explosion or release of _ �� hazardous substances (including but no[ limited � . . � � to: oil, pesticides, chemicals, or radiation? ( ) . . � . � Distussion: � � � � Construdion activities and vehicles would require hazardous materials in the short-term. Frequent property inspectio � �� will be�made by the Ciry to ensure the public health, safety and general welfare. Upon proje!t completion, no hazardo . ' . � . materials are expected in the residences. . . �b) _ Possitile interference with an emergency response _ , �, XX . � , plan or emergency evacuation plzn? ( ) - � �� t) . The creation of any heal[h hazard or _ XX � �� - potential heakh'hazard? ( ) � -� - - - — : . . � � .� Discussion: � . . � Cons[ruction acUVities in the short-term may create noise, dust, odors, etc. Days and hours of construc[ion will be IimiG . . and the project site watered daily. Regular site inspections will be performed by City staff. � • - . � � PotenGally . � - Significant � - � . " � � . Potentially Unless Less Than . � � � . � - . Significant Mitigation Signi£cant No .. � - Impad Incorporated Impad � Impac � , . d) Exposure of people to existing sources _ ,� XX ` � � �� , or potential health hazards? ( ) � � � . � . - � e) Increased�fre hazard in areas with flammable XX � _ � brush, grass, or trees? ( ) .. ,.�� X. . NOISE. Would the proposal result in: � a) - Increases in existing noise levels? ( ) _ � � . XX ' � _ - � Discussion: � " ConstrucYion activities in the short-term would increase ambient noise levels. Days and hours of construction would ` limited to Monday through Saturday from 7:00 a.m. to 7:00 p.m. The residences would have acousGCal features .. .. : reduce noise levels and be in compliance with the City's Noise Ordinance. � . ' . � � � b)� Exposure of people to severe noise �levels? ( ) _ � _ � - �XX � . . � , , � Discussion: � � . � Construction activities�in the short-term would increase noise levels in the vicinity. Days and hours of construction�wo� � � � � be limited. Upon project completion, the thirty-nine (39} residences are not expected to substantlally increase no � . � - �levels. � � � � - � XL. . PUBLIC SERVICES. Would the proposal have an. � � . .�. , .. �� " . � effect upon, or result in a need for new or altered - � government services in any of tBe following areas . ,�. . � � a) Fire protedion? ( ) _ _ . � _ ' . Discussion: . � � . �� Thirty-nine (39) residences may require additional fre protection. The Los Angeles County Fire Department has two � . - � laations in the City of Lynwood capable of responding. � � ' � � � �b) Police protection? ( ) _ _ �(_ . . _ � � . . � Discussion: � " � � Thirty-nine (39} residences may require additional police services. � The Los Angeles County Sheriff Department, t � . , , . . . adequate resources to respond to service caIls � - � " . c) . � Schools? ( _ ) . . � . _ _ XX . .. _. -� Discussion: � � Thirty-nine (39j residences would include school age children. The Lynwood unifed School District is in �the process . - . _ implementing their facility master plan to add to existing schools, and construc[ additional schools [o accommod� � . projected student growth. - , . . d) Maintenance of public facilities, including� roads? _ � _ XX . _ Discussion: � � � - � � Thirty-nine (39) .residences would increase wear and teac on streetr in the viciniry. The developer will repair a � - damaged�s[reet area and the City has budgeted for future street improvements in the vicinity. � e) Other governmental services? ( ) __ � _ _ p( � _ � � PotenNallY � . . � � � Signifiwnt � . � ' � Potentially Unless Less Than . . . �. Significant Mitigation SigniRwnt No . . � � . � � ." Impact Incorporated � Impact Impac - XII.. IJTILITIES AND SERVICE SYSTEMS. Would the � — . proposal result in a need for new systems or supplies, .- � � � . � - � or substantial alterations to the following utilizes: � . � . � a) Power or natu2l gas? ( ) _ _ . p� . � � � - b) � Communications sys[ems? ( ) � _ _ _ 7a � . c) ' Local or regional water treatment or � � � _ � 7a � � �� distnbuUOn facilities? ( ) � � . , � � � � d) Storm water drainage? ( ) _ _ p� . _ � Discussion: � . � � � . � � The project will.indude struc[ures and paving that may increase storm water drainage. The applicant would be requir , �� to compty with tbe Ciry of Lynwood Standard Urban Storm Water Mitigation Plan Ordinance to ensure proper draina ' � - . and that pollutants are treated pnor to entering storm drains. � � e) � Solid was[e disposaR ( ) _ � p� � ' � - � Discussion: . . . � . - Thirty-nine (39) residences would increase wlid waste. The City's solid waste mntractor is capable of providing servic ��. � to the projec[. � � � " � � �Local or regional water supplies? ( ) _ _ � � - p� '. .� . XIII. AESTHETICS. Would the proposal: � . - a) Affect a scenic vista or scenic highway? ( ) �_ _ � . p� � � � .b)� � Have a demonstrable negative aesthetic effect? _ _ p� � � � � �Discussion: � . � � - � The project has been reviewed and checked to ensure harmony with the existing residences in the vitinity. �ii - � residences would mnsist of stucw siding, mncrete tile roofs, adequa.e landscaping, block walls with dimbing vines ai . � � concrete driveways. The two-story structures are consistent with development in thearea. �� . - � c) Create light or glare? ( ) _ � XX � ' � Discussion: � � . � . � The residences will require eMerior lighting. A detaited �iighting plan will be required that identifes light �intensities ai � � that such IighLS are shielded and directed away from adjacent properties. Construction days�and hourswill be limited. �. XIV. � CUL7URAL RESOURLES. Would the proposaC � , a) Disturb paleontology resources? ( ) _ _ � � � _ 'b) Disturb archaeologicalresources? ( ) __ ' p� � . c) Affect his[oriwl �resources? ( ) . _ _ � p� - , tl) Have the potential to cause a.physical change _ _ . -� . p� � .. , .thatwould affect unique ethnic cultural values? � � d) Restrict existing religious or sacred uses within _ p� the potential impact area? ( ) � . , � � . Potentially . . , � ... . '. - � � Signi£cant � . ... .: - , Potentia�ly � Unless Less Than � �� ' . � Significant Mitigation � Signifcant � Nq � - � . � - . Impact Incorporated Impact Impac �- XV. � RECREATION. Would the proposal: . , ' � a) Increase the demand for neighborhood or _ _ _ XX . , � . . regional parks or other recreational facilities? ( ) - , . ' � b) � Affect existing recreational opportunities? ( ) _ _ _ � - X,y XVI. � MANDATORY FINDINGS OF SIGNIFICANCE. � ' � �. . . �.a) Dces the projed have the potentlal to degrade � _ � � � . ' � . � the quality of the environment, substantially ,- � � . � . � �� . � � - � �� - reduce the habitat of a fsh or wildiife species, - � - . � .� � cause a fsh or wildlife population to drop below ., � � � self-sustaining levels, threaten to eliminate a plant � . '�� or animal community, reduce the number or restrict . � � the range of a rare or endangered plant or animal, � � or�eliminate important examples of the major . .�. .. periods of California history or prehistory? , ._. ,, . b) Does the projec[ have the potential to achieve ` � _ � p( � - . - � � � short-term, to the disadvantage of long-term, � � � � . � � � environmental goais? . - � c) � Does the projeR have impacts thatare , _ ' p( - . - . � - - � � ,individually limited, but cumulatively mnsidera6le?� - � _ � � � �� ("Cumulatively considerable" means that the , . � . ' _ � ' incremental effects of a project are considerable � � . when viewed in tonnection with the effects of past ' .- � projects, the effects of other current projects, � � and the effects.of probable future.projects.) '. .�. . d) Does the project have environmental effects _ p� �- . � - which will cause substantlal adverse affects - .. '� on human beings, either directly or indirectly? - XVII. EARLIER ANALYSIS. • Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one � more effects have been adequately analyzed in an earlier EIR or negative declaration. Secti 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: , a) Earlier analyses used. Identify earlier analyses and state where they are available for review , b) Impacts adequately addressed. Identify which effects from the above checklist were witF the scope of and adequately analyzed in an earlier document pursuant to applicabie ,lec standards, and state whether such effects were addressed by mitigation measures based on t earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporatec describe the mitigation measures which were incorporated or refined from the earlier docume ' ` and the extent to which they eddress site-specific conditions for the project. Authority: Public Resources Code Sections 21083 and 21087: Reference: Public Resources Cnde Sections �1080(c), 21080.1, 21080.3, 21082.1, 2108 , 21083.3, 21093, 21094, 21151; Sundstrom v. County of Mendocino, 202 Cal.App3d 296 (1985 Leonoff v. Monterey Board of Supervisors, 222 Cal.App3d 1337 (1990). - . � � ;��;r.��u:� ��rr�ti�� n�o. � � � � �•as��, n�a. rt��.a no. zooa-o� , DATE: November 9, 2004 TO: Honorable Chair and Members of the. Planning Commission FROM: Grant Taylor, Director of Development Services SUB7ECT: Zoning Ordinance Amendment No. 2004-02 ° Update Lynwood Zoning Code, Chapter 25 PROPOSAL for the Planning Commission to review, discuss, revise and provide direction to staff regarding updating Chapter 25 of the Lynwood Municipal Code. At the last regular meeting on October 12, 2004 staff distributed copies of the Draft Zoning Ordinance for review and discussion at the next meeting. , . „ BACKGROUND . The City Council approved a major update to the Lynwood General Plan on September 9, 2003. The Zoning Ordinance, Chapter 25 of the Lynwood Municipal Code has� not undergone a major update in years. The current zoning code is outdated and inconsistent with the General Plan. On February 17, 2004 the City Council approved a request by staff to advertise a Request for Proposal (RFP) for a consulting firm to draft a new zoning ordinance. Staff advertised the RFP in three (3) newspapers to include the Press Telegram, Lynwood Press and Lynwood ]ournal. On April 6, 2004 the City Council approved a contract with Michael J. Wagner & Associates, Inc. to work with staff to prepare an update of the zoning code. DISCUSSION & ANALYSIS The purpose of drafting a new comprehensive Zoning Ordinance is to implement the goals and policies of the Generai Plan Update of September 9 2003. A current zoning ordinance would allow staff to perForm routine updating of the zoning ordinance, remove existing inconsistencies, and address specific concern5. � The new General Plan calls for the creation of four (4) new zoning districts (Public Faciliry, _ Open Space, Specific Plan Area and Civic Center Overlay). The new zoning code will be . well organized, remove inconsistencies, add the new zoning designations and implement goals and policies of the updated General Pian. . H:\WORDFILENLANNMG\STAFFRPTmemo.zoningcodeconsuhanC4-b-04.doc 1 , Environmental review and documentation has been prepared consisting of an Initial Study/Mitigated Negative Declaration. The General Plan is the State mandated document that sets forth the proposed zoning, development, goals and policies for land use for the ne� twenty (20) years. The zoning ordinance is the tool that implements standards set forth in the General Plan. Michael Wagner was the consultant who performed the General Plan Update and associated Environmental Impact Report. Mr. Wagner has the expertise and City of Lynwood background knowledge to draft the new zoning ordinance. Please bring your Draft Zoning Ordinances to the meeting. RECOMMENDATION Staff recommends that the Planning Commission provide comments, questions, revisions and direct staff to bring back an updated copy of the Draft Zoning Ordinance with applicable environmental documentation for public hearing at the next regular, rneeting on December 14, 2004. I i . I � � � ' H:\WORDFILE�PLAIJNING�STAFFRPTmemo.zoningcodcconsultant1fi-Oi.doc2 I I � AGI?NUA I'I'I:i��l NO. 11 C:1S1'. NO. CL; )_i DATE: November 9, 2004 TO: Honorable Chair and Members of the Pianning Commission FROM: Grant Taylor, Director of Development Services SUBJECT: Presentation: California Environmental Quality Act (CEQA) PROPOSAL , For the Planning Commission to accept a brief presentation from stafF pertaining to.State i Law for the California Environmentai Quality Act (CEQA) guidelines, process and ; procedure. ; BACKGROUND . ; State Law requires that land use proposals be reviewed for potential impacts on the i environment. The Califomia Environmental Quality Act was enacted to perform such review, determine the extent of the review, review altematives, implement mitigation � measures and prepare statements of overriding consideration. DISCUSSION & ANALYSIS ' The California Environmental Quality Act was enacted in 1970 to provide statewide goals, ' policies and regulations for the protection of the environment. CEQA applies to all state , and local agencies in California and to private activities that the agencies finance or ' regulate. I To comply with CEQA, agencies must go through certain procedures in making decisions � so as to ensure that the agencies consider and respond to the environmental effects of � their decisions. CEQA requires agencies to disclose the environmental effects af their � � proposed decisions and to search for ways to reduce or avoid environmental damage that ! could result from such decisions. i The California Environmental Quality Act primarily consists of six (6) regulatory procedures as follows: I i H:\WORDFILE�PLAh^JMG\STAFFRPCVnemo.pc.ceqa.doc 1 I . ( 1) Exempt Activities 2) Initial Study 3) Negative Declarations 4) Mitigated Negative Declaretions 5) Draft Environmental Impact Reports (EIR's) • Summary . • Project Description • Significant Effects • Mitigation Measures • Alternatives • Long Term verses Short Term _ • Growth Inducing • Effects not Significant • Consultations 6) Final EIR's • Notices • Persons Consulted - • Comments , , • Responses RECOMMENDATION � ' Staff recommends that the Planning Commission receive and file. Attachment: "Flow Chart . , � H:\WOftDFiLE�PLANNMG\STAFFRPTmemo.pc.ceqa.doc 2 d�,Cf��] l:=\��$+'�1�T�q�, �'T��l��1'i�'�Ft�'�'_A�� AI:i"�'1' ��! ='<=t': �'��QP� PROCE�� FL04`' �FIA1�i�';' � � _ Public agency determines - � �. -- . � �whether the activity is a — �t a projecf — — _ _ ._ . . .. . "prajetY' � . ,. .. � Ro�ect � � - Public agmcy determin� if — Statvtory exemption —- . . � � . ... - the project �is ezempt — Gtegorica! exemption — —� "� �I .� � . . Not exempt � . I I . � Publit agency evaluates project to � � � � _ ' � detertnine if tnerc is a possibility _ No possible significant __ �� that the project mpy have a sig- effett . � . � nificant eff!ct on mvironment � " � � - , � - � No further action � � Possible significant etfect , required under �� . CEQA .� � Determination of lead agency where ... ' . �� more than 1 public agency is � ' � � involvad ' ' . . . . ... . .. Responsib3� ager,ty � � Lead agency . . . . . � � - Lead agency prepares initial ' Respond to iniormal . study �= � � ' � tonsuliation �nsWtation x .. m � Lead agency decision to prepare - �`"^'� � . . , . � E1R or Negative Declaratfon . �i�, � � . � � EIR Negative Deciaration � k a `u _„ .� . � � � . Lead agmcy sends Notice of � � ' � � - pceparetioR to responsible agency �;� ' Respond� to Notice of Pro- . . ' �� .� � . .� . peratian as 2o centents of Consultation. � � E��: . . . � drait EIR Lead agency prepara draft EIR.. k`�'�a' � Lead agmcy files Notice of Com- Lead a6ency 6wet � `i . � pletim and gives public notice of notice of avaUaDWtj!: . � � availahiSity of trait E{R of Negative Declftb . � � � . Comments c++ adequac7 oE . . . . . � * . draft EIR or Negative Consultation -� � . . . Dtclaration .. . �- � .,� . � PuDlic review period � Public rcriev qlt�' ' . - . Lead agency prepares final EQ2 .r�� ' � � � � � ' - including rcspanxs to rnmmmts �� ; - . m draft EIR ..;<<3}:''' �' � � - ' �ijecisim making� body considers Co'uideration and approval of Considention:'�rld p �� . ' final EISt or Negacive �Declaration final EIR by decision making of Negative DeCY�+1 . .. , � pr!par-d by lead agency body by decisbn. .. . . . ^:.s}:`+"" �. -. ' F'udings on feasibility of redur_3ng Firdings on feasibfity of reducing - �" * .. � � - or avoiding significant mviron- or avoidirrg significant emiron- .,;�idi'�, � . m�tal efiects mental effacts `�^"``�',">"` � . . ..;: . � . �Prcisien on projeCt DeCisicn or� Pro�ec'l r-- —J � - . \ ` ` S�te agencias Loca1 agencizs � State age ues Lo:al�agencies � � � \ . i � . . �, �- . : �e Paotice o€� � � File Notice ef File Notice ef F'�° �' 1O1C °t �j�;�;menation�wi[h De;erminatior, witF Detemination aith pete^^'CI�°k�' r � `_-z�:re:ary� for Reso�'�=s � County Clerk Secre?ary.for Resourccs Cp�"tY� �