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Home My Public Portal About01-13-2004 PLANNING COMMISSION � yyy �� it o ,� YNWOOD �, . .. ��V � RLL-AMEAIC4 CIIY �", �"�"�� c� City �Uteeting CI�aPQenges 1 � � I k�a.��`�� I �� 17330 �BULLIS ROAD . ' � � LYNWOOD, CALIFORNIA 90262 ' - . , � (310) 603-0220 � AGENDA LYNWOOD CITY PLANNING COMMISSION REGULAR MEETING - 6:30 P.M. CITY HALL COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 �� ; ]anuary 13, 2004 �',; Nw o � �,,...�, �., `�,,; �. nFF�CE PLANNING COMMISSIONERS `,�� o � 2a04 )im Morton �� t + P � Chairperson � a��'��1g.�a��'�o3&4i5e6 ,., ��ti�`�`.�` �� Hector Abarca . Victor Gomez ' William Araujo � ;� Commissioner Vice-Chairperson `" Commissioner Donald Dove Rita Patel Willard °Hawn" Reed Commissioner Commissioner Commissioner COMMISSION COUNSEL � Law Offices of Beltran and Medina STAFF � Arthur Barfield, Grant Taylor, Planning Associate Special Assistant/ Development Services H�.\W OkDFILE�PLANNMGWGENDAyan � � . . — � — M OPENING CEREMONIES 1. Call meeting to order. . 2. Flag Salute. 3. Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minutes of Planning Gommission Meetings December 9, 2003 CONTINUED PUBLIC HEARINGS (All citizens wishing to testify shall first be swom in under oath by the Deputy City Attor,ney) NONE NEW PUBLIC HEARINGS (All citizens wishing to testify shall first be sworn in under oath by the Depury City Attorney) 6. Conditional Use Permit No. 2003-34 APPLICANT: Luis Carillo 11160 Lou+se Avenue � Pro osal Request to construct two (2) attached residentiaf dwellings (duplex), two-stories in height, with attached three• (3) attached 2-car garages. The subject property is located at 1T160 Louise Avenue in the R-3 (Multiple-Family Residential) zone. Recommendation Staff recommends that the Planning Commission open the public hearing and continue"the . item to the next regular meeting on February 10, 2004. H:\ W ORDFI LE\PL,INNING4IG ENDA\jan 13,2004.doc � . 7. Variance No.2003-11 APPLICANT: Anna Emery 4539 Arlington Avenue Proposal Request to reduce the minimum parking from four (4) enclosed stalls to three (3) parking stalls including one (1) open stall in conjunction with a request to convert an existing residence into a duplex at 4539 Arlington Avenue in the R-1 (Single-Family Reside�tial) zone. Recommendation Staff recommends that the Planning Commission adopt Resolution 2985 and deny Variance No. 2003-11. If the Planning Commission elects to approve the application, attached is a - Resolution of approval with conditions. COIVTINUED REGULAR AGENDA NONE , NEW REGULAR AGENDA . NONE PUBLIC ORALS �OMMISSION ORALS STAF� ORALS ADIOURNMENT Adjourn to the regular meeting of the Planning Commission on February 10, 2004 at 6:30 p.m. in the City Hali Council Chambers, 11330 Bullis Road, Lynwood, California. ' H1WORDFILE\PL�INGWGENDA\jan13,2W�.doc . -3- , ��;�e"�?��a t� EM. NU. " .� . ��E N0. ...... . : �, I��w,� LYNWOOD PLANNING COMMISSION MEETING December 9, 2003 ' The Lynwood Planning Commission met in•regular sessioriin'the City Hall Council Chambers. Chair Morton called the meeting to order at 6:40 p.m. Commissioner;Patel led the,flag salute. , , Special AssistantlDevelopment Services Taylor called roll. Chair Morton presiding. . . . , Comrnissioner's Patel, Gomez, Dove, Reed, Araujo and Abarca answered the roll call. All present. ��' Also present were City Attorney Montgomery, Special '':x . Assistant/Development Services Taylor and Planning Associate Barfield. Chair Morton inqnired if the agenda had been posted. , . Special AssistantJDevelopment Services Taylor stated tlie agenda had' been ,,,. _, duly posted in accordance with the Brown Act. ' Item #5: MYNiTTES — November 1 L 2003 -� Chair Morton announced agenda Item #5, Minutes of the November 11 :, . 2003 Planning Commission meeting and asked if any'Coinmissioner's had . corrections or comments. Motion by Commissioner pove to approve the Planning Cornmission Minutes of November 1l, 2003, 2" by Commissioner Patel. Motion to approve.passed 7-0. - .. a , Item #6: Citv Attornev Comments — Commission Appointme�nts, Resi�nations and Removals �^ a ': 3,` , ,� • , , '.° City Attorney Montgomery summarized State Law and stated Commissioner's are public officials appointed by the City Council and therefore can only be removed by the City Council. Mr. Montgomery stated . that Commissioner Araujo had resigned and then rescinded his resignation, therefore, Mr. Araujo is still a Planning Commissioner as the City Council did not remove or replace him. CONTINUED PUBLIC HEARINGS , Chair Morton requested that the City Attorney swear in all members of the audience wishing to speak on any of the public hearing items on agenda. City Attorney Montgomery swore in all audience members in English. _ , Vice Chair Gomez swore in audience members in Spanish. Item #7: Conditional Use Permit No. 2003-31, Tentative Tract Map No. � 2003-03 (60592), Zone Change No. 2003-OS and Variance No. 2003-09 APPLICANT: Daniel Chavez 4237 - 4241 Imperial Highway Chair Morton announced continued public hearing agenda item #7. Special AssistantlDevelopment Services Taylor presented the staff report � and stated the item was continued from the last meeting and the Planning Commission had directed the applicant to meet with staff and reduce the height of five (5) residences adjacent to Pine Avenue and Pendleton Avenue to one (1) story. The four (4) residences adjacent to the apartments could remain at two (2) stories in height. Mr. Taylor stated the project is to construct nine (9) detached single-family residences, two-staries in height, with attached two-car garages. The applicant is requesting a Variance to reduce the rear yard setback for two (2) residences and reduce the minimum ` lot area for four (4) residences. The subject property totals 38,541 square feet and is located on the north side of Imperial Highway between Pine Avenue and Jackson Avenue in the R-1 (Single-Family Residential) zone. Mr. Taylor stated the applicant met with staff several times and informed staff that reducing the height would make the project financially infeasible. Special Assistant/Development Services Taylor went to the plans; mounted on the wall behind the Commission and identified new elevafions that removed rear windows from second story fiabitable rooms. . The only remaining rear windows would be small frosted bathroom windows that offered no vision into adjacent backyards. Mr. Taylor summarized .the project requirement of four (4) discretionary approvals and environmental review as follows: • ' 1) Conditional Use Permit 2003-31: Construct nine,(9) residences. 2) Tentative Tract Map 2003-03: Divide one (1) parcel and`the rear portion of the adjacent parcel into nine (9) new lots. 3) Zone Change 2003-05: Change the zoning designation from R-1 (Single-Family Residential) to� PRD (Planried � Residential Development) for the subject property only. 4) Variance 2003-09: Reduce rear yard setback from ten feet (.10') to five feet (5') for two (2) residences, and reduce lot area to less�than 3,500 square feet far (4) residences. 5) Ne�ative Declaration/Iriitial Studv_: Discuss potentially s'ignificant impacts and identify mitigation measures to reduce impacts �to a level'of irisignificance. ' Special Assistant/Development Services Taylor stated at the last meeting, public testimony identified a number of areas of concern to include but not be limited to privacy, zone change, property taxes, property_values, traffic, parking, emergency vehicle access, traffic signal, 6uilding covenant, density. Mr. Taylor summarized staff determinations on the , above-identified concerns as follows: � Privacv: Because the surrounding residences are one-story, privacy would be impacted by iwo-story dwellings. The applicant proposes to. remove all rear bedroom windows on.the.second staries facing adjacent properties. , k Zone Chan�e: The General Plan identifies the property as Mu1ti-Family , Residential consistent with the multiple dwelling projects adjacent.to and west of the subject property. The zone change would be for the subject property only as adjacent properties to the west are already zoned multiple family residential. Single-family properties would remain R-1. Propertv Taxes: Taxes of properties in the vicinity would be not affected. Taxes only increase if an owner makes improvements ar sells their property. Propertv Values: Staff had a Lynwood Redevelopment Division appraiser review the project and he determined that residences adjacent to the project would increase 30% and properties near the project would increase slightly by 5% to 7%. Traffic: Traffic would increase slightly as residences generate six to eight , vehicle trip ends per day that would generate a maximum of 72 trip ends per day. from the project. The traffic problem in the area is due to the high school. Parking: Each residence would provide a two-car garage and the driveway would provide additional parking area for guests. Emergenc� Vehicle Access: Vehicles traveling westbound on Imperial Highway would have to make a U-turn at Pine Avenue. Imperial Highway has a 100' right-of-way, sufficient for emergency vehicles to make a U-turn. " Traffic Si�nal: Existing traffic signals are located on Imperial Highway at Atlantic Avenue and Jackson Avenue. Staff highly discourages a signal at Pine Avenue as it may create a bottleneck and intensify traffic congestion. Buildin�Covenant: The applicant, their title company and the property owner have performed title searches and no covenant restricting building at 4241 Imperial`Highway exists. Densitv: The property can accommodate a maximum of sixteen residences pursuant to the Lynwood Municipal Code. The applicant is proposing little more than half the maximum density, only nine (9) residences. Special' Assistant/Development Services Taylor stated staff recommends approyal. If the Planning Commission elects to deny the project, attached_is a Resolution to deny Zone Change 2003-05, that would make the other zoning entitlements moot. . Chair Morton opened the public hearing and requested all citizens wishing to speak in support of the project to address the Planning Commission. Daniel Chavez, 8913 '/2 San Gabriel, South Gate, CA spoke in support: Ramon Chavez, 10009 Orange, South Gate, CA spoke` in support and requested asking questions to Mr. Taylor. Special Assistant/Development Services Taylar advised Mr. Chavez proper protocol is to address the Planning Commission and the Chair will request staff to respond to questions. Ramon Chavez stated he' had met with staff several times�.and the architect cannot change the plans significantly without starting over and making`the project financially infeasible. Mr. Chavez s'ummarized removal and relocation of rear windows on the second story to the side and front of the residences. Diane Sanchez, Stewart Title, 12209 Niece Avenue, Downey, CA spoke in support and said the project would increase tlie value of surrounding properties. Property taxes would not increase due to� the� project, only if property owners made improvements or sold their property.: Manuel Cabrera, 4244 Pendleton Avenue, Lynwood spoke-in,support. Jose Ponce, 10870 Pine Avenue, Lynwood spoke in support. Jimmy ??, 10932 Jackson Avenue, Lynwood spoke in support. Hearing no more testimony in support, Chair Morton requested citizens wishing to speak in opposition address the Planning Coxrimission. ' Alfred Limos, 10941 Pine Avenue, Lynwood spoke in opposition stating property values will not increase and privacy will be impacted. Patricia Carr, 3842 LeSage Avenue, Lynwood, spoke in opposition. Ms. Carr apologized for her outburst last month and stated the;zone change'was not clear iri the notice and she thought the zone change included the 300' notice radius. Ms. Carr opposes two-story residences and stated windows can be installed at later dates. Ms. Garr stated the developer went door-to- cloor making promises and providing gifts. Ms. Carr inquired.if giving gifts was illegaL Chair Morton asked the City Attorney to comment on gift giving. City Attorney Montgomery stated it is not illegal for developers to provide gifts, food, etc. to residents and interested parties provided no gratuity is given to staff or Planning Commissioner's. Ken West, 10981 Pine Avenue, Lynwood, spoke in opposition. Opposes five-foot rear yard• setbacks and opposes two-story homes. Ronald Fobbs, 4228 Pendleton Ave., Lynwood, spoke in opposition to two- story residences in a one-story neighborhood. ° Maria Ponce, 10938 Pine Avenue, Lynwood spoke in opposition, cited traffic concerns. � Special Assistant/Development Services Taylor informed the Planning Commission that Virginia Omar who resides at 10941 Pine Avenue, Lynwood, called and voiced opposition as she opposes two-story residences. Ms. Omar advised staff she could not attend the meeting due to medical reasons. , Pauline Taylor, 10931 Pine Ave., Lynwood, spoke in opposition against two-story residences. Elvira Morena, 10212 Jackson Ave., Lynwood, spoke in opposition against two-story houses. Hadra Lomas?? 10941-10951 Pine Avenue, Lynwood, spoke in opposition �- � to two-story residences, the zone change and variances. Ms. Lomas stated the City pre-approved the project, the project is politically motivated and the project is poorly planned. • Chair Morton assured the audience the project is not a done deal and has not been pre-approved. Vicfor ??, 10861 Pine Avenue, Lynwood, spoke in opposition citing traffic, noise, zone change and two-story residences. Commissioner pove stated the project is consistent with the General Plan and meets standards in the zoning code. Seeing no more' testimony, Chair Morton asked the applicant if he would like to speak in rebuttaL DanieT Chavez addressed the Commission and requested to speak in Spanish. Vice Chair Gomez translated. Mr. Chavez stated that Ms. Garr provided erroneous information. The project is not apartments, the project is not low income and property values will not drop but will increase.. ' Chair Morton inquired if Mr. Chavez had sold the property. , NIr. Chavez stated he is the current property owrier and had to sell other properties he owns to acquire the subject property. Patricia Carr requested to speak in rebuttal. Chair Morton denied Ms. Carr's request. ' Special Assistant/Development Services Taylor stated Robert's' Rules of Order allow far the applicanf only to speak in rebuttal. Ramon Chavez requested to speak in rebuttal. Chair Morton denied the request as Daniel Chavez had already provided rebuttal. Chair Morton closed the public hearing. Chair Morton inquired about including a covenant that no windows shall be installed on the rear of second stories at. any time in the future. City Attorney Montgomery stated a condition could be added or a covenant recorded with the County prohibiting second story windows. The problem is enforcement of such a covenant. Commissioner pove stated property owners may construct a second story to their residence administratively. Vice Chair Gomez inquired if gifts from the developer to citizens could be illegal. • City Attorney Montgomery stated providing gifts and food is common practice for developers and is not illegal. ' Commissioner Abarca stated the developer should have good ' communication with neighbors. Vice Chair Gomez inquired about relocating the traffic signal from Jackson Avenue to Pine Avenue. SpeciaP Assistarit/Development Services Taylor advised against relocating the traffic signal. Jackson is a wider street and can accommodate added traffic. Pine Avenue is a narrow street and a traffic signal there would impact the residential neighbarhood and create additional traffic congestion on Imperial Highway. . Commissioner Abarca inquired about second story windows being prohibited pursuant to CC&R's or conditions. - Special Assistant/Development Services stated a condition could be added to prohibit windows and a covenant recorded, but enforcement is the problem. Vice Char Gomez commended Hadra Lomas on her comments. Special Assistant/Developer Services Taylor summarized the project review process as follows: 1) Preliminary meeting and review of plans. 2) 48-Hour Plan Check (letter with revisions and conditions). 3) Formal submittal of application. 4) Distribution of plans and project description to other departments (Building & Safety, Environmental Services, Fire, Redevelopment, Code Enforcement and Sheriffl. , 5) Comments from other departments. 6) Comments and conditions assimilated. 7) Site Plan Review meeting between staff and applicant. 8) Report, resolution and environmental documentation. 9) Planning Comsnission public hearing(s). 10) City Council Appeal public hearing(s) - if necessary. Commissioner Araujo stated citizens do not want two-story residences or nine homes, the density is to high, the City is overcrowded, he wants to reduce City growth, and wants to prohibit apartments. Commissioner pove stated he reviews a project as a resident and neighbor and weighs the pros and cons, benefits, and costs. Mr. Dove stated_nine residences versus sixteen apartments is a better compromise. �Can't have exactly what you want. Vice Chair Gomez stated he has apartments next door to his residence and there is no privacy. Stated the Lynwood Municipal Code. has conflicting provisions and requirements that should be amended. Vice Chair Gomez made motion to deny Zone Change 2003-05, 2° by Commissioner Arauja Chair Morton requested roll call. Special Assistant/Development Services Taylor called roll as�follows: Araujo - Deny Patel - Deny ' Dove - Approve Abarca - Approve � Reed- Approve . Gomez - Deny Morton - Deny � Motion to deny Zone Change passed 4-3. RESOLUTION 2976 (DENI� ENTITLED - A RESOLUTION OF THE PLANNING COIVIMISSION OF THE ' CITY OF LYNWOOD DENYING ZONE CHANGE NO. 2003-05. A REQUEST: TO CHANGE THE ZONING FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO PRD (PLANNED RESIDENTIAL DEVELOPMENT� IN ORDER TO CONSTRUCT . NINE (9) DETACFIED SINGLE-FAMILY RESIDENCES" ON PROPERTY . LOCATED AT ° 4237 — 4241 IMPERIAL HIGHWAY, FURTHER DESCRIBED AS' ASSESSOR PARCEL NiTMBERS 6192-023-024 & 025 TRACT ,5103, � PORTION OF LOT 10, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. • ROLL CALL: AYES: Araujo; Gomez, Morton, Patel NOES: Abarca, Dove, Reed ABSENT: NONE � ' ' ABSTAIN: NONE Special Assistant/Development Services Taylor advised the Commission and public thaY because the zone change has been denied the other applications (i.e. Conditional Use Permit, Tentative Tract Map and Variance) become moot. There is a fifteen (15) days appeal period and if an appeal is filed, a public hearing will be scheduled before the Lynwood City Council. Chair Morton called a five-minute recess. NEW PUBLIC HEARINGS Chair Morton reorganized the agenda and heard Item #9 next. . Ifem #9: Tentative Parcel Map 2003-03 (60597) and Variance 2003-10 APPLICANT: Kent Justice 5542 Rayborn Avenue , Chair Morton announced new public hearing agenda Item #9. Special . Assistant/Development Services Taylor presented the staff report and stated the applicant is requesting approval of a Tentative Parcel Map to subdivide two (2) existing parcels into two (2) new realigned parcels in order to construct a second single-family residence, one-story in height. The existing one-story residence and detached garage would remain. The . applicant is requesting a variance to reduce front and rear yard setbacks for the new residence. The subject property is located at 5542 Rayborn in the R-1 (Single-Family Residential) zone on a lot totaling 10,240 square feet in area. The existing 685 square foot residence and single-car garage would be on a new 5,020 square foot parcel and the new 1,725 square foot residence would be on a parcel totaling 5,220 square feet. The new parcels are an irregular shaped lot configuration that would provide landscaping adjacent to both Rayborn Avenue and Edgebrook Avenue. Staff recommends approvai. Chair Morton opened the public hearing. Kent Justice 8361 Florence Avenue, Downey, CA spoke in support. Mr. Justice stated he would comply with all conditions of ,approval and his project is consistent with other properties in the area. � Chair Morton closed the public hearing. Motion by Commissioner Abarca to adopt Resolution. 2982 approying Tentative Parcel Map No. 2003-03 (60597), and adopt Resolutiori � 2983 approving VarianceNo. 2003-10, 2 by Commissioner pove. � Chair Morton requested roll call. " Special Assistant/Development Services Taylor called roll and the.motion.to approve both applications passed 7-0. 4 �' RESOLUTION 2983 ENTITLED — A RESOLUTION OF TI3E PLANNING 'COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2003-10, AUTHORIZATION TO' REDiJCE THE MINIMiJM TWENTY FEET (20') FRONT ,AND REAR YARD SETBACKS TO FIVE FEET (5') IN THE FRON'I' YARD AND' TEN FEET (10') IN THE REAR .: YARD ' IN CONJUNCTION WITH A PROJECT TO SUBDIVIDE ONE (lj PARCEL INTO TWO (2) LOTS AND CONSTRUCT A SECOND SINGLE-FAMILY RESIDENTIAL) ZONE, FURTHER DESCRIBED A5 ASSESSOR PARCEL� NUMBER 6188-023-043, CITY " OF LYNWOOD, COUNTY OF LOS ANGELES, STATE'. ; OF CALIFORNIA. ' ROLL CALL: ' � ` AYES: Abarca, Araujo, Dove, Gomez, Morton, Pafel; Reed •NOES: NONE ' ' ABSENT: NONE ABSTAIN: NONE � RESOLUTION 2982 ENTITLED: A RESOLUTION . OF THE � PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 2003-03 (60597), SUBDIVIDING ONE (1) PARCEL INTO TWO (2) LOTS IN CONJUNCTION WITH A PROJECT TO CONSTRUCT A SECOND RESIDENCE WITH REDUCE SETBACKS (VARIANCE NO. 2003- 10) FOR PROPERTY LOCATED AT 5542 RAYBORN AVENUE IN THE R-1 (SINGLE-FAMILY RESIDENTIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6188-023-043, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ' ROLL CALL: AYES: Abarca, Araujo, Dove, Gomez, Morton, Patel, Reed NOES: NONE ABSENT: NONE ABSTAIN: NONE Item #8: MODIFICATION of Conditional Use Permit No. 2001-02 • APPLICANT: Samuel Mekonnen 12720 Atlantic Avenue Chair Morton announced new public hearirig agenda item #8. Planning Associate Barfield presented the staff report and stated the applicant is requesting to remove a condition that prohibits the sale of single alcoholic beverage bottles of beer and wine. The property is located at 12720 Atlantic Avenue in the G2 (Light Commercial) zone and is , developed with a 4,237 square foot market and two (2) apartments totaling 1,025 square feet with a detached garage at the rear off McMillan Street. Staff recommended denial. - City Attorney Montgomery inquired if prohibition of sale of single beer and wine containers is a code requirement. Special Assistant/Development Services Taylor stated no the prohibition` is a City Council policy adopted years ago. Mr. Taylor requested tliat Los Angeles County Sheriff Lieutenant Dave Tellez provide background information and answer questions. " Lt. Dave Tellez presented an incident report to the Commission statirig there were three (3) incidents in the last year. None of the incidents was�the owner's fault . and no State Department of Alcoholia Beverage. Control �violations were observed. ` City Attorney Montgomery inquired about the threshold or size of�sirigle- serving containers as wine is usually sold in single bottles. , _, . Lt. Tellez stated wine 6ottles could be prohibited that are of single-serving size such 12 ounces like beer bottles or cans. ° Commissioner Araujo stated the City could be liable for permitting alcohol serving establishments due to their problems. .' " Commissioner pove stated the prohibition of single serving containers is a policy and the Commission has the authority to modify or remove. Chair Morton opened the public hearing.' Samuel Mekonnen, 3726 Almstead, Los Angeles CA spoke in support and stated he and his ,wife own and operate the business and comply with all laws. NIr. Mekonnen owns and operates a market in Los Angeles since 1996 with no violations and has held the City of Lynwood alcohol license since September 2000. Mr. Mekonnen .stated- he has made substantial improvements. to the property spending a large amount of money. They . painted a Virgin Mary on the wall to prevent graffiti 'and installed a computerized cash register to check identification. Mr. Mekonnen submitted letters and pictures to the Planning Commission. , City Attorney Montgomery requested that the letters and pictures be made . part of the record. Chair Morton closed the public hearing.� � Motion by Vice Chair Gomez to adopt Resolution 2981 approving MODIFICATION of Conditional Use Permit No. 2001-02, 2" by Commissioner Abarca. . Chair Morton requested roll call. Special Assistant/llevelopment Services Taylor called roll and the motion to ; approve passed 6-1 with Commissioner Araujo voting no. RESOLUTION 2981 ENTITLED — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING MODIFICATION OF CONDITIONAL USE PERMIT NO. 2001-02 TO PERMIT THE SALE OF INDIVIDUAL BEER AND WINE CONTAINERS (SINGLE BOTTLES) AT AN EXISTING MARKET LOCATED AT 12720 S. ATLANTIC AVENUE IN THE G2 (LIGHT COMMERCIAL) ZONE, LYNWOOD, CALIFORNIA. ROLL CALL: AYES: Abarca, Dove, Gomez, Morton, Patel, Reed NOES: Araujo ABSENT: NONE ABSTAIN: NONE PUBLIC ORALS Margaret Araujo, 3621 Cedar Avenue, Lynwood voiced opposition to alcohol serving establishments and identified problems with other alcohol businesses to include loitering, proximity to schools and residences. COMMISSION ORALS ' City Attorney Montgomery stated this would be his last meeting, as the City Council would be hiring a new firm. Mr. Montgomery thanked the Commission and said he enjoyed his term. Commissioner Reed stated he is feeling better. Commissioner Patel stated the Commission has tough ; challenges and decisions. ' " Commissioner pove inquired about the construction at Plaza Mexico:by the freeway. Special AssistantlDevelopment Services Taylor stated the construction is a sign and digital reader board 142' in height. Vice Chair Gomez suggested staff to develop policies�to address ambiguities in the code and' issues not addressed in the code. , Inquired about upcorr►ing planning conferences or.workshops. . Thanked City Attorney Michael Montgomery for his service. Chair Morton thanked City Attorney Montgomery for his service. STAFF ORALS NONE ADJOURNMENT Motion by Commissioner Patel to adjourn, 2" by Commissioner' Dove. Chair Morton adjourned the meeting at 830 p.m. . �taEh�DA ITEM N0, � =_ CASE N0. Cv►P 1�.'l� DATE: January 13, 2004 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Special Assistant/Development Services BY: Art Barfield, Planning Associate SU67ECT: Conditional Use Permit No. 2003-34 APPLICANT: Luis Carillo Proposal , Request to develop a duplex, two stories in height, with a six (6) car garage on the first level, and, two (2) guest parking spaces, on a lot with an existing dwelling, at 11160 Louise Avenue, in the R-3 (Multiple-Family Residential) zone. Backaround The application for this item requires revision of the proposed site plan; or, demolish, approximately, 349 sq. ft. of the expanded dwelling unit, in order to proceed with public hearings on CUP 2003-34. After a 48 Hour Staff Review, the applicant submitted Conditional Use Application No. 2003-34. „ On May 5, 2003, permit no. 28902 was obtained to demolish a carport to provide space for expansion of the existing dwelling. On ]une 17, 2003, permit no. 29040, was obtained to connect an existing structure to front dwelling, thus, eliminating 349 sq. ft. of proposed landscaping for CUP 2003-34 (see attached plans). On December 4, 2003, the applicant filed Conditional Use Permit No. 2003-34. On December 30, 2003, the applicant met with members of the Site Plan Review Committee, including Development Services, Planning Division, Building Division, and Engineering Division representatives. The Committee discussed and reviewed the application with the applicant, and, determined that the plans were inconsistent with development on the subject site had removed 349 sq. ft. of proposed landscaping with an addition; (in the R-3 zone, 35 % of a development site must be landscaped). H:\WORDFILE\PLANNMG\STAFFRPT\memo.pc.cup?00}_3 I Therefore, the Committee recommended that the application site plan be revised before public hearing on this item. � Recommendation Staff recommends' that the Planning Commission open the public hearing,' accept testimony, and continue the public hearing to the next regular meeting on February 10," 2004. 1. Location Map H:\WORDF[LE\PLAMJING\STAFFRPTmemo.pacup200334.doc Z . LOCATION MAP . . . ^ ��3i 1 O 11�3 ` � ' � t/ „ I :.�IS O . p' ~ IIOi�. X � $ ' ��z 4 J.� � e � h. un• 7� '� 10 urov ,o� "° �� .�, ti � ,� a p e o �� "'�3 ,,,.o ° b ��•e � 9, 2 N ~ g 7�_—.—_�� b O t . O /d ��<a M ��og �N M� ' . �^ 1 11`� ' ��` ~ .�. \ p .�... ..� $ - h i /OI ._ p o $ _P�sv �� —_—tlp>�^ O '` n i h p p� / � Vl �qs . W 'I . . . ^ , y ,�,s_ I� w,.�"' O � > r Iu;a // �� u Q ��cs � � . Q . � W ` O ' o� . 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VRtt. No. 20oi-o� DATE: )anuaty 5, 2004 • ` TO: Honorable Chair and Members of the Planning Commission , FROM: Grant;Taylor, Special Assistant/Development Services � � SUBJECT: VARIANCE NO. 2003-11 ' ° • 4539'Arlington Avenue '' APPLICANT: Anna, Emery � PROPOSAL The applicant is requesting approva{ of a variance to reduce the minimum parking from four (4) enclosed parking stalls to three (3) parking stalls includin,g two (2) enclosed� and one (1) open stall in conjunction with a request to convert an existing single-family- :• residence into a duplex located at 4539 Arlington Avenue in �the' R-1 (Single-Family ' Residential) zone. BACKGROUND The subject properly is located on the north side of Arlington Avenae between Atlantic Avenue and Carlin Avenue. The parcel measures 50 feet in width by 125 feet in depth �• ;, totaling 6,250 square feet in area. The property is developed with an existing residence, one-story in height, and a 400 square foot detached two-car garage� In 1981 construction of a bedroo.,m, den and 6athroom addition was completed. In 1992 construction was completed to legalize the conversion of:an attached one-car , � garage to living area and construct a new detached two-car garages ' On November 11, 1996 the property owner obtained a'building permit for a 388 squere'' foot addition to the rear of the house to include a master bedroom and bathroom. , It was subsequently brought to the attention of the City of Lynwood that the.addition had been converted into a separate living area thereby creating a duplex. The ,duplez� ; was unauthorized as no zoning entitlement or building permits were approved. , . H:\WORDFILE\PLANNMG\S7AFFRPT\var2003-fl.doc - 1 _ A . The property owner was notified to convert the duplex back to a single-farnily dwelling on April 22, 2003. At that time, second units were not allowed in the R-1 zone, therefore, the property owner obtained a permit to remove the second kitchen and convert the duplex back to a single-family residence on May 27, 2003. On July 1, 2003 Assembly Bill AB 1866 was passed by the State of California mandating cities to approve second units in R-1 zones subject to appropriate development standards. The properry owner requested approval to convert the residence back to a duplex, however, ' a second two-car garage cannot be developed without violating setbacks or building separations thereby creating the need for additional variance(s). _ The property owner has applied for a variance to waive the second two-car garage and provide one (1) additional open parking stalL Tlie second residence would total 410 square feet in area and consist of a kitchen, living room, bedroom and bath. ' DISCUSSION & ANALYSIS , The Lynwood Municipal Code requires a minimum of two (2) enclosed parking stalls (garage) per residential dwelling unit in the R-1 (Singfe-Family Residential) zone. Carports are not permitted in the R-1 zone and open stalls may be used provided they do not violate mandatory setbacks. Pursuant to Assembly Bill AB 1866 and the Lynwood Municipal Code, second residences may be permitted in the R-1 administratively pursuant to Site Plan Review approval " provided such second residences satisfy development standards to include density, parking, setbacks, lot coverage, landscaping, building height, etc: The property is sufficient in size to permit a second residence as the Lynwood General Plan permits a maximum of seven (7) dwelling units per acre. A lot must total a minimum of 6,223 square feet in area to qualify for a second residence. The applicant satisfies all standards except for minimum parking. ' The City of Lynwood has a parking shortage,on-site and in the public right-of-way. A second residence would create additional parking needs. The applicant proposes to install one (1) open space in front of the existing residence. The LMC permits open parking provided it is not located within a setback area. Open parking etalls cannot be counted toward required parking and may set a negative precedent for other R-1 properties. H:\WORDF[LE�PLANNMG\STAFFRPT\va1L003-f Ldoc � � - 2 ' Lynwood Municipal Code Section 25-26.7 sets forth six (6) fndings the Planning Commission must make in order to grant a variance: .Staff ha5 determirietl'that all ; required findings cannot be made. Following are the variance findings: ' A. The strict or literal interpretation and enforcement of the specifed regulation ' would result in practical diffiiculty or unnecessary physical hardship inconsistent , with the objectives of this chapter. ` B. . That there are exceptional or extraordinary circumstances or ' conditions applicable to fhe property involved which do not apply generally to other . properties in the same zone: � C. That strict or Jiteral interpretation and enforcement of the specifiel regulation would deprive the applicant of privileges enjoyed by fhe owners of other properties in the same zone. '` D. That the granting of the variance as conditioned will not constitute tfie'granting of.a special privilege inconsistent with the limitations on .other properties ih the vicinity class'ified in the same zone. ' '` E. That the granting of the variance will not be detrimental �to the .public, heaith, safety, or welfare, or materially injurious to properties or improvements in the . vicinity. . F. . That the granting of� the variance will not adversely, affect the orderly development of the City.' � " tynwood Municipal Code Section 25-26.9 sets forth three (3) additional fndings. the Planning Commission must make to approve a parking `variance. Staff has`detecmined that all required parking findings cannot be made. Following are the parking ,findings. A. That neither present nor anticipated future traffic volumes generated�by the.use: of the site or uses of .sites in the vicinity reasonably xequire strict or literal interpretation and enforcement of the specified regulation. " ` B. That the granting of the variance will not result in the parking,of loading of � vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. ' � C. That the granting of the variance will not create a safety hazard or. eny other condition inconsistent with the objectives of this chapter. H:\WORDFILE\PLANNMG\STAFFRP71va2003-11.doc _ 3,_ . In summary, parking requirements could be satisfied in the applicant converted living area back to a one-car garage_and constructed a second one-car garage in front of the residence. A variance would not be necessary. ' ENVIRONMENTAL REVIEW The Development Services Department has determined that the project is categorically exempt ,from the provisions of the Califomia Environmental Quality Act (CEQA) guidelines pursuant to Section 15303(a). RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 2985 denying Variance No. 2003-11. If the Planning Commission elects to approve the application, attached is a Resolation of approval with conditions. Attachments: . 1, Project Profile 2. Location Map 3. Resolution 2985 — Deny 4. Resolution 2985 - Approve 5. Plans , H:\WORDFILE\PLANNING�.STAFFRPT\vm2007-I l.doc � ' 4 PRO]ECT PROFILE � VARIANCE NO. 2003-11 • 4539 Arlington Avenue • 1. Source and Authoritv Lynwood Municipal Code (LMC} Section 25-4.2 sets forth permitted uses in R-i ., zones; LMC Section 25-4.5 sets forth.development standards in residential zones; ` LMC Section 25-26J sets forth findings for approval of' a. variance; and LMC Section 25-26.9 sets forth findings to grant a parking variance. 2. Proper�,t Location and Size � The subject property is located at 4539 Arlington Avenue, on the north side of. Arlington Avenue between Atlantic Avenue and Car►in. Avenue in the R-.1 (Single= Family Residential) zone. The property measures 50 feetin width by 125 feet in depth totaling 6,250 square feet in area and is developed with a single family residence, one-story in height, and detached two-car garage. 3. Existina Land Uses Site Developed North: Single-Family Residential - South: Arlington Avenue then Single-Family Residential • West: Single-Family Residential East: Single-Family Residential 4. Land Use Desianation The subject property has a General Plan Land Use Designation of Single-Family Residential that is consistent with the R-1 (Single-Family Residential) zoning. The adjoining properties General Plan and Zoning designations are as'follows: Site General Plan Zonina North: Single-Family Residential R-1 (Single.-Family Residential) South: Single-Family Residential R-1 (Single-Family Residential) West: Single-Family Residential R-1 (Single-Family Residential) East: Single-Family Residential R-1 (Singie-Eamily Residential) 5. Site Plan Review � H:\WORDELLE\PLANNMG\STAFFRPTvar2003-Il.doc _ 5 - _ The Site Plan Review Committee has reviewed the project. Staff is recommending denial, however, if the Planning Commission elects to approve the application, conditions of approval included in Resolution 2985. 6. Code Enforcement Historv Code enforcement case for unauthorized second residence. 7. Public Response None of record at the time of this report. � H:\WORDFILE\PLANNING\STAFFRPT\var2003-ILdoc , 6 < LOCATION MAP „ ,. b s o, N„ ... � O^ ` $ A ��J.�B 3z m . . lig p�� 28 27 H 28 1 � I' Q �� . � � 1/ � 9 29 0 33' .sC� p �9.09 � ' .. . • 5 9,66 J � O /06.b .. � ' . �6s,n � tTJ'iY Po 5536�. 59 3455 � � � Z'� , 9 - . �F � ,V . b 3 V . N . . � . � H ' ^.. o� 3� � '�� o ,��, . 12q:,13. . r � .. � I O .tl � N'. . a . � : ZS ' //H.35 � 20 3 o 369 J •� v 5 34 h ° I ' � � . { O .. 9 `3�" B/.65 3 � �4 35 � 38 . „ OLAND ST.� ! � � OLA x ' N . : ' t � `B3'40'/O� _ .. t p,� �3 3 i �� i O� O � ;�_ 7� 20 � 21 i� 22 � 23 �.I 2. ` ' . I � j i � i .. i . . O � � � I „ 0 4 � � � � q � j O' j�� . . � I I � I� � O 1 ' � � � O .KLixI ' I 8 � M�LUrc$�lm�3B • q .� :.. •� � /66.86 � � � ' ' � - . L-- -�----�+--� ° .- — ----�---- - F-- - ----`- 3 -- , � + �j � 34 � x 37 � ry j 38 � ,o�� T - i 41 .. . , y h, {— ro °� I I '�� ( i 1 � I . 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I ��. � I ti � . `n.IS 39 a . 40 I ,. 4 � � 42 q3 44 45 46 47 48 J . p .AN �� p N.d3�C2 J � .: : CMIILAN � L � � � ------- - CascNo. Variance No. 2003-11 sicepdaress: 4539 Arlinqton Avenue Apptican[Name: Anna Emery [] 300' or [ J 500' Radius Map � RESOLUTION 2985-DENY A RESOLUTION OF THE PLANNING . COMMISSION OF THE CITY OF LYNWOOD ' DENYING VARIANCE NO. 2003-11, REQUEST TO REDUCE PARKING STANDARDS FROM THE MINIMUM REQUIRED FOUR (4) ENCLOSED STALLS TO TWO (2) ENCLOSED STALLS AND ONE (1) OPEN PARKING STALLS IN CONJUCTION WITH A PROJECT TO CONVERT A SINGLE FAMILY DWELLING INTO A DUPLEX FOR PROPERTY LOCATED AT 4539 ARLINGTON AVENUE IN THE R-1 (SINGLE- FAMILY RESIDENTIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6186-029-012, CITY OF LYNWOOD, COUNTY OF � LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on January 13, 2004 conducted a public hearing on the subject application; and WHEREAS, the 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 Quality Act pursuant to Section 15303(a) of the CEQA Guidelines as amended. ' Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. The City of Lynwood has a shortage of parking facilities on-site and in the public right-of-way. Reducing required parking would intensify the already - - insufficient parking facilities. � B. The project was initiaily a room addition and not a second residence. The single-family dwelling was illegally converted into a duplex without the benefit of zoning entitlements, building plan check or required permits. . H\WOR�PILE\PLANNING\RESOStreso2985denydoc � - - 1 C. Approving a reduction in parking would constitute a grant of special priviledge inconsistent with the zoning code and other properties in the vicinity and same zoning classification. Section 2. The Planning Commission of the City of Lynwood, based, upon, the aforementioned findings and determinations, hereby denies Variance No. 2003-11. Section 3. A copy of Resolution 2985 shall be delivered to the applicant. PASSED AND DENIED.this 13 day of January, 2004 by members of the Planning Commission, voting as follows: AYES : � NOES: ABSENT: ABSTAIN : , Jim Moiton, Chairpersoh Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Special Assistant Deputy City Attorney ` 'Development Services Department Planning Commission Counsel 2 - RESOLUTION NO. 2985 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2003-11, REDUCING PARKING STANDARDS FROM THE MINIMUM REQUIRED FOUR (4) ENCLOSED PARKING STALLS TO TWO (2) ENCLOSED PARKING STALLS AND ONE (1) OPEN PARKING STALL IN CON]UNCTION WITH A PRO�ECT TO CONVERT A SINGLE FAMILY DWELLING INTO A - DUPLEX FOR PROPERTY LOCATED AT 4539 ARLINGTON AVENUE IN THE R-1 (SINGLE- FAMILY RESIDENTIAL) ZOiVE, FURTHER DESCRIBED AS ASSESSOR PARCEL NIDMBER 6186-029-012, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the lynwood Planning Commission, pursuant to law, on January 13, 2004 conducted a public hearing on the subject application; and WHEREAS, the Planning Commission considered all oraf and written testimony offered at the public hearing; and . WHEREAS, the Development Services Department has determined that the proposal is categorical exempt from the provisions of the California Environmental Quality Act pursuant to Section 15303(a) of the CEQA Guidelines as amended; and Section 1. The Pfanning Commission of the City of Lynwood hereby .finds and � determines as follows: A. The strict or literal interpretation and enforcement of the specific regulation . would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this chapter. The location and configuration of existing structures will not permit construction of a second garage without encroaching into setback areas. '� H:\WORDFILE�PLANNING\RESOS4eso2985.approve.doc '1' B. That there are exceptional or extraordinary circumstances or conditions applicable to the properry involved which ,do not apply generally to other properties in the same zone. The existing structures are locatetl so as not to permit construction of a second garage without further varianee requests. ` C. The strict or literal interpretation and enforcement and' enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other similar properties in the same zone:. Other properties. in the vicinity and in the R-1 zone have insufficient parking for multiple residences. . D. That the granting of the variance wilt_not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone. The pcoperty has a long d�iveway that provides adequate open parking areas. E. That `the granting of the variance will 'not be detrimental to tfie public . health, safety, or welfare, or matrially injurious to properties or improvements in the vicinity: Approval of a parking variance would not negatively impact properties in the vicinity. F. That the granting of variance will not advertversely affect the orderly deveopment of the City. The development is consistent wifh, provisions set forth in the Lynwood Municipal Code and goals and policies in the Lynwood General Plan Land Use Element. G The project is consistent with Assembly Bill 1866 and Lynwood Zoning Ordinance Amendment 2003-02 that permits second residences in R-1 zones, Section 2. The Planning Commission of the City of Lynwood hereby makes parking findings and determinations as follows: A. That neither present nor anticipated future traffic volumes generated by the use of �site or uses of sites in the vicinity reasonably require Stricf or literal interpretation and enforcement of the specified regulation. The second unit would generate minimal trip ends and not significantly.impact tcaffc on the subject property or in the vicinity. z B. That the granting of the variance wili not result in the parking or loading of vehicles on public streets in such amanner as to interFere with the free flow of tra�c on the streets. The property has adequate driveway area for ,; parking additionai vehicles and street parking andJor loading will not be necessary. G That the granting, of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this chapter. Reducing parking by two (2) enclosed spaces would not negatively impact the public health, safety or welfare. Additional vehicles can be accommodated on site as the driveway is long. Section 3. The Planning Commission of the City of Lynwood, based upon the ' aforementioned findings and determinations, hereby approves Variance No. 2003-1 i subject to the following conditions: CONDITIONS OF APPROVAL Develooment Services Department 1. The project shall comply with all regulations of the Lynwood Municipal Code, ' California Building Code, Los Angeles County Fire Code, and conditions set forth by all other City of Lynwood Departments. 2. The project shall be developed consistent with the approved plans on file with the Development Services Department, Planning Division. Prior to any modifications, alterations or additions to the property or st'ructures thereon, the property owner shall submit plans to the Lynwood Planning Division for review. 3. The Variance must be acted upon, all conditions of approval satisfied and a , � Certificate of Occupancy issued within one hundred eighty (180) days from the date of approval. One (1) extension of ninety (90) days may be granted if such extension is requested in writing prior to the end of the expiration date (i.e. July 13, 2004) at the discretion of the Development Services Department, Planning . Division. _ H:\WORDFILE\PLANNING\RESOS�reso2985.approve.doc � -3- 4. The property owner(s) shall sign a Statement of Acceptance stating that he/she . has read, understands and agrees to comply will all conditions set forth in this , resolution prior to submitting for building plan check. ' ' S. The conditions of approval shalf be printed on the cover page bf the prior to submittal to the Building & Safety Di�ision for plan check review. Planning Division 6: Landscaped, areas shal! consist of a riminimum of twenty=five percent (25%) of the lot area. Required front, rear and side yard setback` areas shall be landscaped and consist predominately of plant, materials except for necessary walks, drives and fences. 7, A solid and sight-obscuring fence, �six-feet (6� in height, .shall be maintained around the 'perimeter of the property except for front yard , 5etback areas. A fence may 6e installed in the front yard setback not to exceed four=feet (4� in. height. Prior to installation or modification of fences,the applicant shall submit a site plan and obtain a fence permit from the Development Services Department 8. All driveways, walksways and paved areas shall be permanently paved and maintained. Vehicles access and parking areas shall remain clear and accessible for vehicle access and parking at all times. ' � 9. The second residence shall be consistent with the existing d"welling pertaining to e�erior materials, colors and roofing. - 10. Acoustical construction materials shall be used in the second unif'to,mitigate exterior noise in compliance with the�City of Lynwood Noise.Ordinance.= 11. Air conditioners, heating, cooling ventilaton equipment, and all othe_r mechanical devices shalf 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. - 12. The applicant shal! submit two (2) sets of plans to the Development Services Department for building plan check. Upon approval of plan check, tlie �property owner or a licensed contractor shall upon required permits. 4 Building & Safety Division 13. 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 National Electric Code — 2001 edition; The Los Angeles County Fire Code — 1999 edition. AIF as amended by the California Building Code. In case where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plays may conflict, the more restrictive provisions shall govern. � Los Anqeles Countv Fire Department • 14. The applicant shall contact the Los Angeles County Fire Department, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) . 890-4125. ` Section 4. A copy of Resolution 2985 shall be delivered to the applicant. Section 5. Failure to comply with all conditions of approval, requirements set forth in the Lynwood Municipal Code, California Building Code or any � requirements by other department or agencies may result in modification or revocation of entitlements by the issuing body at a public hearing. � H:\WORDFILE\PLANNING\RESOS\reso2985.approve.doc -5- I . . APPROVED AND ADOPTED this 13 day of January, 2003, by members of the Planning Commission, voting as,follows " AYES: NOES: - ABSENT: . ABSTAIN: � " Jim Morton, Chairperson Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: . Grant Taylor, Special Assistant Deputy City Attorney Development Services Department Planning Commision Counsef ` 6