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Home My Public Portal About10-12-2004 PLANNING COMMISSION � � c�t o,� ]�I.'N�VOOD � , � �„�,,� � �<..�rv C��. �� c� City vUeeting C6aQQenges i a�� i � . . � � 11330 BULLIS ROAD � � - . � , � � � LYNWOOD, CALIPORNIA 90262 � .- � . � . . . � �(310) 603-0220 , � - AGENDA LYNWOOD PLANlVING COMM�SSION REGULAR NIEETING - 6:30 P.M. CYTY HALL COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 30262 �� P��,�C � October 12 2004 � � � � ¢ '�' �� - CI7YOFLYNtN00D ClTVri r-n�,;. ,��CE PLANNING COMMISSIONERS �C� � 7 200� . p � ' � )im Morton 7�8i9il0illi12i1�2i3�4�5 6� Vice-Chairperson �� Carlos Manlapaz Lourdes Castro-Ramirez` Kenneth West � Commissioner Commissioner Commissioner Victor Gomez Rita Patel Juan Enciso Commissioner� Commissioner Commissioner COMMISSYON COl1NSEL . Jennifer Mizrahi, Deputy City Attorney Law Offices of Seltran and Medina STAFF Arthur Barfield, Grant Taylor, Director . Planning Associate Deve{opment Services - HiWOR�FILF,�PLANNrvGWGEN�Abuober12,2 � . . . . . . _ � - . .. , OPENING CEREMONIES 1. Call meeting to order. 2. Flag Salute. . - 3. Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minute5of Planning Commission Meetings: September 14, 2004 6. Swearina In New Commissioners Lynwood City Clerk Andrea Hooper will perform swearing in ceremony. �' CONTINUED PUBLIC H EARINGS 7. Conditional Use Permit No. 2004-29 & Tentative Tract Maa No. 2004-05 f6i862) APPLICANT: Fernando Nunez � 11137 Wright Road Assessor Parcel Number 6194-027-018 . Pr� I _ Request to subdivide one (1) parcel into five (5) lots to construct four (4) detached residential condominiums and provide a separate lot for common drive and open space areas at 11137 Wright Road in the R-3 (Multiple-Family Residential) zone. � Recommendation Staff recommends that the Planning Commission adopt Resolution 3036 approving Conditional Use Permit No. 2004-30 and adopt Resolution 3030 approving Tentative Tract Map No. 2004- OS (61862). H:\WORDFlLE�PLAMJMGWGENDA\onotier12,2004.doc . ° , ' � .. . � ' � 2 � NEW PUBLIC HEARINGS 8. Conditionai Use Permit No. 2004-26 . APPLICANT: Fidel Alvarez � 5137 Walnut Avenue. Assessor Parcel Number 6189-037-014 , Proposal Request to construct two (2) attached residences (duplex}, two-stories in height with detached two-car garages. The existing single-story 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 Residential) zone. Recommendation Staff recommends that the Planning Commission adopt Resolution 3031 approving Conditional Use Permit No. 2004-26. _ 5 . 9. Conditional Use Perrveit Plo. 2004-28 APPLICANT: Helen Mendoza 11531 Louise Street . " Assessor Parcel Number 6189-033-015 . Proposal r � Request to construct a second residence, one-story in height, with an attached two-car garage and remodel an existing residence at 11531 Louise Street in the R-3 (Multiple-Family � Residential) zone. Recommendation � Staff recommends that the Planning Commission adopt Resolution 3035 approving Conditional Use Permit No. 2004-28. 10. ConditionaF Use Permit No. 2004-30 - APPLICANT: Maria Loza & Connie Pulido • 11215 Long Beach Boulevard, Building B-5, Unit #1010 - Assessor Parcel Number 6171-001 to 007 � . H\WORDPILE�PLM'NINGWGEh'DAbctober12,3004qoc ' , � � , -3- Proaosal . Request for approval of an alcoholic beverage license for On-Site General Eating Place (Type 47) in conjunction with a 3,960 square foot restaurant located at 11215 Long Beach Boulevard � in the CB-1 (Controlled Business) zone, in Plaza Mexico/Lynwood Towne Center. Recommendation Staff recommends that the Planning Commission adopt Resolution 3037 approving Conditional Use Permit No. 2004-30. CONTINUED REGULAR AGElVDA . NONE NEW REGULAR AGENDA NONE P4JBLIC ORALS . . COMMI�SION OEtALS STAFF ORALS : AD)OUltNNlENT - Adjoum to the regular meeting of the Planning Commission on November 9, 2004 at 6:30 p.m. in the City Hall Council Chembers, 11330 Bullis Road, Lynwood, California. . ' , H:\WORDFILE�PL,WNINGNGENDAbcwba12,2004�.dm . ' A Y AGENDA ITEM NO. 5 CASE NO. MINUTES . LYNWOOD PLANNING COMMISSION MEETING September.l4, 2004 . The Lynwood :Planning Commission met in regular session in the City Hall - Council Chambers. Chair pove called the meeting to order at 6:36 p.m. Vice Chair Morton led the flag salute. Chair pove requested the roll call. � Director of Development Services Taylor called roll. Chair pove presiding. , Commissioner's Morton, Araujo, Abarca, Reed, and Patel answered the roll ° � cail: ' � Commissioner Gomez was absent. - Also present were Deputy City Attorney Jennifer Mizrahi, Director of . .- Development Services Grant Taylor and Planning Associate Art Barfield. Chair pove asked if the agenda had been duly posted. � Director of Development Services Taylor stated the agenda had been duly posted in accordance with the Brown Act. Item #5: MINUTES -_September 14, 2004 Chair pove announced agenda Item #5, Minutes of the September 14, 2004 " Planning Commission meeting and asked if the Commission's had any revisions or questions. �. � � � � °. • Motion by Vice Chair Morton to approve the Planning Commission Minutes .� of September 14, 2004. Seconded by Commissioner Patel. � .: Motion to approve passed 6-0. CONTINUED PUBLIC HEARINGS S NONE " NEW PUBLIC HEARINGS Chair pove requested Deputy City Attorney Mizrahi to swear in all citizens wishing to testify on any agenda item in English and Spanish. Deputy City Attorney Mizrahi requested all citizens wishing to testify please ' stand they were duly sworn in both English and Spanish: Item #6: Conditional Use Permit No. 2004-26 APPLICANT: Henry Oh ' 3194 El Segundo Boulevard - � Assessor Parcel Nunbers 6168-019-004 Chair pove announced new public hearing agenda Item #6 and requested a , staff report. � Planning Associate Barfield presented a staff report and stated the applicant is requesting approval to legalize the conversion of two (2) garages into residential dwelling units and to construct 100 square foot additions to each � new �residence. The property would consist of eight (8) residences and will � � � require additional parking that is provided by six (6) enclosed stails, ten (10) � � covered stalls and one (1) open guest stall for a total of seventeen (17) parking stalls. THe property is located at 3194 El Segundo Boulevard, on the - south side of E1 Segundo Boulevard between Alpine Avenue and Peach � Street in the R-3 (Multiple-Family Residential) zone on a property that totals 21,900 square feet in area. . Mr. Barfield referred to Resolution 3028 and amended by deleting the second sentence. In addition, Mr. Barfield requested that the guest parking �� stall on the sout5 side of the driveway be deleted as� it obstructs vehicle access. Mr. Barfield summarized the findings. I � ' Chair pove opened the public hearing. ` ' Clara Luera,,3194 El Segundo Boulevard, Lynwood is the property manager • and spoke in favor of the project on behalf of the owner. , Chair pove inquired if Ms. Luera and the owner understood the conditions of approval. Ms. Luera stated they did and would comply. Irene Garcia, 3727 111` Street, Lynwood commented on the environmental � review and the IZHNA (Regional Housing Needs Assessment) requirement by the State of California. Chairpove closed the public hearing. � Motion by Vice Chair Morton to Certify the Negative Declaration/Initial Study and adopt Resolution 3028 approving Conditional Use Permit No. ; 2004-28. Seconded by Commissioner Abarca. : Chair pove requested roll call, Directo"r of Developmerit Services "Taylor called the ro1L Motion to approve passed' S-1 with Commissioner Araujo voting no. : A RESOLUTION ENTTTLED: A RESOLUTION OF THE _ PLANNING COMIVIISSION OF THE CITY OF LYNWOOD�APPROVING CONDITIONAL USE PFRMIT NO. 2004-24, LEGALIZING THE CONVERSION OF , TWO.(2) 100 SQ. FT. GARAGES INTO APARTMENTS, LOCATED AT 3194 EL SEGUNDO BOULEVARD IN - THE R-3 (MULTIPLE FAMILY RESIDENTIAL) ZONE, FURTHER � DESCRIBED AS ASSESSOR `PARCEL NUMBER 616�-019-004, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. '4 - ' I ROLL CALL • AYES: Abarca, Dove, Morton, Patel & Reed NOES: Araujo ABSENT: Gomez ` � - ABSTAIN: NONE � ' Item #7: Conditional Use Permit No. 2004-25 . APPLICANT: Jose Luis Jiinenez ^ 3236 Carlin Avenue , Assessor Parcel No. 6176-012-004 , Chair pove announced new public hearing agenda item #7 and requested a staff rep"ort. Director of Development Services Taylor presented the staff report and . stated the applicant is requesting approval to construct two (2) attached . - residences (dupex), two-stories in height, with attached two-car garages. The existing residence would remain and the existing detached two-car � garage and storage room would be demolished and a new two-car garage constructed and attached to the existing residence. The subject property , totals 8,000 square feet in area and is located at 3236 Carlin Avenue in the ' R-3 (Multiple-Family Residential) zone. The new units would total 518 square feet of living area with each consisting of one bedroom, one bath, ' kitchen, dining and laundry. Chair pove opened the public hearing. Jose Luis Jimenez, 3236 Carlin Avenue, Lynwood spoke in support. Both Deputy City Attorney Mizrahi and Commissioner Abarca assisted in translating far Mr. Jimenez. , , Commissioner Araujo commented on construction suggesting the applicant : follow the building code and City standards and provide fire protection. ' Vice Chair Morton suggested a fire sprinkler system. Commissioner Abarca requested that Mr. Jimenez work with staff to implement all code, requirements and conditions of approval. Also ' commented on fire protection. Director of Development Services Taylor summarized the planning and building process. Director of Development Services Taylor read into the record a letter from Claudia Acuna who resides at 3224 Carlin Avenue who spoke in opposition. Chair pove closed the public hearing. Motion by Commissioner Patel to adopt Resolution 3029 and approve Conditional.Use Permit No. 2004-25. Seconded by Comrnissioner Abarca. „ The motion to approve passed 6-0. : • A RESOLUTION ENTITLED: A. RESOLUTION OF TAE PLANNING COMMISSION �F THE CITY OF ' LYNWOOD APPROVING CONIDITIONAL USE PERMIT NO. 2004-25, TO CONSTRUCT A TWO ATTACHED RESIDENCES (DUPLEX), TWO-STORIES IN HEIGHT AND THREE (3) ATTACHED TWO-CAR GARAGES, ON ' A LOT WITH AN.EXISTING DWELLING, LOCATED . AT 3236 CARLIN AVENUE, IN THE R-3 (MULTIPLE- , FAMILY RESIDENTIAL) , ZONE, FURTHER - DESCRIBED AS ASSESSOR PARCEL NUMBER 6176- 012-004, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. � . ROLL CAI�L . AYES: Aranjo, Abarca, Dove, Morton, Patel & Reed NOES: NONE ABSENT: Gomez ' ` ABSTAIN: NONE ` � Item #8: Tentative Tract Map No. 2004-OS (61862) APPLICANT: Fernando Nunez . `11137 Wright Road Assessar.Parce1 No. 6194-027-018 ` Chair pove announced regular public hearing agenda item #8 and requested - a staff report; Director of Development Services Taylor presented the staff report and ' stated the applicant is requesting approval to subdivide one parcel into five . lots to construct four detached condominiums and a separate lot for common drive and open spaces on property located at 11137 Wright Road in the R-3 _ (Multiple-Family Residential) zone. The property totals 10,100 square feet in area and is developed with a one-story residence that would be ` :, demolished: Mr. Taylor requested a continuance to the next meeting. T Chair pove opened the public hearing. � Francisco Varrio, 10143 Wright Road, Lynwood spoke in opposition. Mr. � Varrio stated there were too many houses in the area and crime was a . problem. Chair pove closed the public hearing. ,' Motion by �Vice Chair Morton to continue the item to the next regular meeting on October 12, 2004. Seconded by Commissioner Patel. ' The motion to continue passed 6-0 by general consensus. Item #9: Conditional Use Permit No. 2004-27 Tentative Tract Map No ' 2004-03 and Zone Chanee No. 2004-03 : APPLICANT: Daniel Chavez 4237 - 4241 Imperial Highway • Assessar Parcel Number 6192-023-024 and 025 � Chair pove announced new public hearing agenda item #9 and requested the staff report. ` Director of Development. Services Taylor set up a General Plan Map, Rendering and Project Board then presented the staff report stating the applicant is requesting approval to construct eight (8) detached residences, two-stories in height with attached two-car garages. The existing dupiex and detached garages would be demolished. The subject properiy is irregular in shape and totals 38,582 square feet in area and is located at 4237 — 4241 Imperial Highway in the R-1 (Single-Family Residential) zone. The project . requires three (3) applications and environmental review as follows: •' Zone Change Na 2004-03: Change the zoning from R-1 (Single- Family Residential) to PRD (Planned Residential Development); and • Conditional Use Permit No. 2004-27: Construct eight (8) detached single-family residences;.and • Tentative Tract Map No. 2004-03 (60592): Subdivide one (1) parcel and a portion of the adjacent parcel into eight (8) lots; and • Mitigated Negative Declaration/Initial Study: Identify potentially � significant impacts and implement mitigation measures to reduce � � impacts to a level of insignificance. Director of Development Services Taylor stated a similar project on the .. same property' by the same developer had been reviewed and denied by the Planning Commission in December of 2003 and denied by the City Council on January 20; 2004. The City Council determined that the project should not exceed seven residences and such residences should be one-story in height, arid no variances. Mr. Taylor stated the revised project has reduced the .number of units, s increased lot sizes and increased setback areas. The Lynwood Municipal - � � Code requires that like or �imilar projects cannot be re-evaluated until one . (1) year has passed. Mr. Taylor stated he made a judgment decision that the � revised project is significantly different in that: 1) The density has been rPduce 11 %(nine units to eight units); and 2) The lot size has been increased 30% (2,400 square feet to 3,500 . square feet); and ` 3) The setbacks adjacent to Pine Avenue have been increased nearly � 300% (from five feet to nineteen feet). �� Director of Development Services Taylor stated that the General Plan designates the property as Multi-Family Residential that is consistent wiYh the PRD (Planned Residential . Development) zone change proposal. However, the existing zoning is R-1 (Single-Family Residential). The General Plan and zoning designations must be consistent to approve a . discretionary application pursuant to State Law and whenever an inconsistency is present the General Plan supercedes. ,• Director of Development Services Taylor summarized the Tentative Tract Map that is consistent with the Subdivision Map Act and Lynwood Municipal Code (LMC). Mr. Taylor summarized the Conditional Use Permit Findings and that the four required findings in LMC Section 25-25.7 can be made. Mr. Taylor summarized the environmental review and that potentially significant impacts may occur pertaining to geology, water, transportation/circulation, noise and aesthetics. Conditions of approval and mitigation measures set forth in Resolution 3032 would reduce potentially significant impacts to a level of insignificance. Director of Development Services Taylor summarized areas of concern pertaining to privacy, the zone change, property taxes, property values, traffic, parking, emergency vehicle access, traffic signal, building covenant, and density. Staff recommended approval. Chair pove opened the public hearing. Daniel Chavez, 8913 '/s San Gabriel, South Gate spoke in support. Deputy City Attorney Mizrahi translated Spanish to English. Mr. Chavez stated that a lot of the neighbors support the project and opposition persons have provided misinformation. Rigoberto Chavez, 8927 San Gabriel, South Gate spoke in support. Anthony Navarro, 457 Tweedy Avenue, South Gate spoke in support. Mr. Navarro is a consultant for the applicant who said the project would improve the area, encourage neighbors .to upgrade, raise property values and everybody would benefit. Jose Chavez, 8913 %z San Gabriel, South Gate spoke in support. ?? (inaudible) Chavez, 1009 Orange Avenue, South Gate spoke in support. Carlos Chavez, 3106 Sequoia Avenue, South Gate spoke in support. Irene Garcia 2737 111` Street spoke in support. Fernando Luna, 9303 ?? (inaudible), South Gate spoke in support. Ralph Gonzales, 2633 108` Lynwood commented about parks, schools, loss of houses and cost of residences. Rene Ornellas, 10432 San Miguel, South Gate spoke in support. Santin Morales, 9317 San Carlos, South Gate spoke in support. Alejandro Juarez, 10724 Califomia Avenue, South Gate spoke in support. COMIvIISSIONER GOMEZ ARRIVED AT 8:04 p.m. Norberto Ortega Sandoval, 10808 Long Beach Boulevard, Lynwood spoke in support. Ken West, 10981 Pine Avenue spoke in opposition. Mr. West stated both the Planning Commission and City Council had previously denied the project, the residences are two-stories invading neighbor privacy, traffic on . Jackson and Pine would increase, vehicles traveling eastbound on Imperial would have to make a U-tum; and the revised project is inconsistent with the City Council determination on January 20, 2004. . � Ronald Fobbs, 4228 Pendleton A.venue, Lynwood spoke in opposition, � Patricia Carr, 3842 Le Sage Avenue spoke in opposition. Ms. Carr stated �� that Mr. Taylor did not include the City Council determination in the staff � report. Ms. Carr alsa stated the LMC does not allow a project to be revised within one year and ,recommended the Planning Commission table the _ application until the year has . passed. Ms. Carr disagreed with staff's � determinations and the applicant's testimony. � ` Directar of Development Services Taylor spoke on behalf of citizen Oscar � Bergman, 10940.Pine Avenue who opposes the project and opposes a zone ', ' change; two-storyresidences and has privacy and traffic concerns. , Ralph Gonzales, 2633 108` Street spoke in opposition. � Anthony Nav'arro, consultant spoke in rebuttal on behalf of the applicant and presented pictures to the Planning Commission and stated the L1VIC permits two-story, residences by right, two-story houses provide more open space, and the project would improve the area. Chair pove closed the public hearing. Vice Chair Morton stated existing power lines on the east property line may pose a safety concern. Director of Development Services Taylor stated that Edison and the Public Works Department review utilities and neither was concerned about the ' power lines. Mr. Taylor also stated that findings must be made to approve or deny a project. Mr. Taylor stated his personal opinion is to deny this project, however, findings to deny cannot be made. The project is consistent with the General Plan, satisfies development standards, and no variances are � necessary. Chair pove spoke about R-1 zone developrnent, other projects and relocating the rear windows on the second stories to increase privacy. Commissioner Abarca supports fhe project but is sensitive to the neighbors concerns. He has to weigh improving the City and applicable codes and cannot consider what the City Council previously said as the project has been revised. Commissioner Araujo stated the City is overcrowded with too many homes and made a motion to deny. ` Commissioner Gomez seconded the motion to deny. � Deputy City, Attomey Mizrahi inquired if the motion is to deny all applications. F Director of Development Services Taylar stated it is only necessary to deny the zone change and the other applications would become moot. Mr. Taylor called roll as follows: � Araujo — Yes (deny) Patel — No (approve) Gomez — Yes ' Abarca — No . � " Reed — No ` Morton — Yes Dove —No Motion to deny failed 3-4. Motion by Commissioner Abarca to certify the Mitigated Negative Declaration/Initial Study, adopt Resolution 3033 approving Zone Change : No. 2004-03, adopt R.esolution 3034 approving Tentative Tract Map No. 2004-03 (60592) and adopt Resolution 3032 approving Conditional Use Permit No. 2004-27. Seconded by Commissioner Reed. Director of Development Services Taylor called roll �as follows: Araujo — No (deny) Patel — Yes (approve) Gomez — No Abarca — Yes Reed — Yes Morton — No Dove — Yes Motion to approve passed 4-3. , A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING ZONE CHANGE NO. 2004-03 FROM R-1 (SINGLE- FAMILY RESIDENTIAL) TO PRD (PLANNED RESIDENTIAL DEVELOPMENT) IN ORDER TO CONSTRUCT EIGHT (8) DETACHED SINGLE-FAMILY RESIDENCES ON PROPERTY LOCATED AT 4237 — 4241 IMPERIAL HIGHWAY, FURTHER DESCRIBED AS ASSF.SSOR PARCEL NUMBERS 6192-023-024 & 025 TRACT 5103, PORTION OF LOT 10, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: Abarca, Dove, Patel & Reed NOES: Araujo, Gomez & Morton ABSENT: NONE ABSTAIN: NONE ' A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE TRACT MAP NO. 2004-03 (60592), SUBDIVIDING TWO (2) PARCELS INTO EIGHT (S) LOTS FOR DETACHED SINGLE-FAMILY RESIDENCES FOR PROPERTY LOCATED AT 4237 — 4241 IMPERIAL HIGHWAY IN THE R-1 (SINGLE-FAMILY RESIDENTIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6192-023-024 & 025, TRACT 5103, PORTION OF LOT 10, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: Abarca, Dove, Patel & Reed NOES: Araujo, Gomez & Morton ABSENT: NONE ABSTAIN: NONE A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSI�N OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2004-27, PERMITTING THE DEVELOPiVIENT OF EIGHT (8) DETACHED SINGLE FAMILY RESIDENCES LOCATED AT 4237 — 4241 IMPERYAL HIGHWAY IN THE R-1 (SINGLE-FAMILY RESIDENTIAL) ZONF., FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6192-023-024 AND 025, CITY OF LYNWOOD, COUNTY OF LOS ANGEL�S, STATE OF CALIFORNIA. ROLL CALL AYES: Abarca, Dove, Patel & Reed NOES: Araujo, Gomez & Morton ABSENT: NONE ABSTAIN: NONE CONTINUED REGULAR AGENDA ITEMS None NEW REGULAR AGENDA ITEMS None PUBLIC ORALS None COMMISSION ORALS Commissioner Gomez apologized for his tardiness and stated the City Council may reorganize the Planning Commission at their next meeting and hopes to return but said it has been a pleasure working with all Cornmissioners. Mr. Gomez said it was good to see Commissioner Reed back. Commissioner Abarca stated they have to make tough decisions. Commissioner Araujo favors one-story residences and larger lots. Overcrowding in the City causes parking and traffic problems and crime. Development should not be pushed by money and Lynwood is overbuilt. Stated staff looks at the law and codes and not the citizens. Chair pove stated nice residential areas in Lynwood are predominantly two- story. Commissioner Patel stated they have to make tough decisions. Commissioner Morton stated he is concerned for the safety of citizens especially children. Commissioner Gomez inquired about the status of the mixed use project on Atlantic. Director of Development Services Taylor stated the applicant is having financial concerns and the project was tabled. STAFF ORALS Director of Development Services Taylor stated staff and a consultant have finished a draft Zoning Ordinance that will be presented to the Commission at the November meeting. Mr. Taylor said it is good to have Commissioner Reed back. ADJOURNMENT Motion by Commissioner Gomez go adjoum, seconded by Commissioner Araujo. Chair pove adjourned the meeting at 9:12 pm. AGENDA ITEM NO. 6 CASE NO. CITY CLERK DATE: October 12, 2004 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services SUBJECT: Swearing In New Commissioners Welcome to the Planning Commission team Lourdes Castro-Ramirez, Carlos Manlapaz, Kenneth West and )uan Enciso. We look forward to working with you. City Clerk Andrea Hooper will perform swearing in, distribute correspondence and summarize applicable laws to include the Brown Act, Robert's Rules of Order, etc. WELCOME!!! H:\WORDFILENLANNING\STAFFRPTmemo.pc.swearin6�n.Jx 1 il AGENDA ITEM NO. 7 CASE NO. CUP No. 2004-29 TTM No. 2004-05 DATE: October 12, 2004 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services SUBJECT: CONDITIONAL USE PERMIT NO. 2004-29 TENTATIVE TRACT P7AP NO. 2004-05 (61882) 11137 Wright Road Assessor Parcel Number 6194-027-018 APPLICANT: Fernardo Nunez/Ortelio & Emma Mendez PROPOSAL The applicant is requesting ,approval to construct four (4) detached single-family residential condominiums, two-stories in height, with attached two-car garages on a rectangular shaped lot fifty feet in width by 202 feet in depth that totals approximately 10,100 square feet in area. In addition, the applicant proposes to subdivide one (1) parcel into five (5) lots and provide a separate lot for common driveway and open spaces areas. The subject properly is located at 11137 Wright Road, on the west side of Wright Road between Los Flores Boulevard and Elmwood Avenue in the R-3 (Multiple-Family Residential) zone. ANALYSIS The project proposes the construction of four (4) detached single-family residences, two-stories in height, with attached two-car garages. The existing one-story residence and a storage shed will be demolished. The site plan indicates four (4) lots running along the north side of the properly that total 1,596 square feet in area each. A common driveway would be located on the south side of the properry twelve feet (12� in width providing access to the two-car garages and a guest stall at the rear of the properry. Twenty foot (20� front and rear yard setback areas would be provided with landscaping. The rear yard would be a common open space playground area. H:\WORDFILE\PLANNMG\STAFFRPTkup2003-?9,rym2004-OS.doc . - 1 - The floor plans indicate two-story residences that would provide 1,332 square feet of livable area, consisting of three (3) bedrooms, 2�/z baths, living room, dining room, kitchen and a 400 square foot garage. Garage and common areas would be on the first floor with bedrooms on the second floor. The elevations indicate Stucco siding with Spanish tile roofs. The total roof height would be twenty-four feet (24� from grade to the top of the roofline. The front elevations would have various building lines, window accents and aesthetically pleasing architecturalfeatures.. DISCUSSION — TENTATIVE PARCEL MAP The project proposes subdividing one (1) existing parcel into five (5) lots. 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 Department of Environmental Services/Engineering and conditions of approval are contained within Resolution 3030. DISCUSSION — CONDITIOIdAL USE PERMIT The applicant is proposing to construct four (4) detached single-family residential condominiums, two-stories in height, with attached 2-car garages. 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 3036. Lynwood Municipal Code Section 25-25.7 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 located in the R-3 zone that is consistent with the General Plan Land Use Map and 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 Lynwood Municipal Code and the R-3 zone. All development standards would be satisfied with no need for variances. . H:\WORDFILE�PLANNING\STAFFRP7lcup200S-29,rym2004-OS.dw . - 2 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 is categorically exempt from the California Environmental Quality Act (CEQA), however, conditions of approval have been included in the project that would reduce 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 Lynwood M�nicipal Code Section 25-4.8 pertaining to development in the PRD zone. ENVIRONMENTAL REVIEW The Development Services Department has determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (b). RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 3036 approving Conditional Use Permit No. 2004-29 and adopt Resolution 3030 approving Tentative Tract Map No. 2004-05 (61862). Attachments: 1. Project Profile ' 2. Location Map 3. Resolution 3030 — Tentative Tract Map No. 2004-05 (61862) 4. Resolution 3036 — Conditional Use Permit No. 2004-29 5. Plans . H:\WORDFILE�PLANNMG\STAFFRPTcup2004d9,tpm2004-0S.dce � - 3 - PROJECT PROFILE Conditional Use Permit No. 2004-29 Tentative Tract Map No. 2004-05 (61862) Assessor Parcel Number 6194-027-018 1. Source and Authoritv Lynwood 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; and LMC Section 25-4.8 sets forth development standards in the R-3 zone. 2. Property Location and Size The subject property is rectangular shaped and totals 10,100 square feet in area. The project proposes five (5) detached single-family residential condominiums, two-stories in height, two-car garages, with three (3) bedrooms and 2�/z baths. 3. Existing Land Uses Site Developed North: Single and Multipie Family Residential South: Single and Multiple Family Residential West: Single and Multiple Family Residential East: Wright Road then Industrial 4. Land Use Designation The subject property has a General Pian Designation of Multi-Family Residential and the current zoning is R-3 (Multiple-Family Residential). The adjoining properties General Plan and Zoning designations are as follows: Site General Plan Zonina North: Multi-Family Residential R-3 (Multiple-Family Residential) South: Multi-Family Residential R-3 (Multiple-Family Residential) West: Multi-Family Residential R-3 (Multiple-Family Residential) East: Industrial M (Manufacturing) H \WORDFILE�PLANNING\STAFFRPTcup2004-29,rym?OOJ-0S.doc ' 4 ' 5. Site Plan Review The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions set forth in Resolutions 3030 and 3036. 6. Code Enforcement Historv No history of code violations. 7. Public Resoonse One (1) citizen spoke in opposition at the Planning Commission meeting held on September 14, 2004. No further comments have been received. H\WORDFILE\PLANNING\STAFFRPTcup?004-29,ipm200a-OS.doc - S - LOCATIOIV HIAP J _/.l-1 � 7 � � Ie / S.Ti52f rA, C ` �!'' 1416 � .9 � •pL G e .o+"��:� : .s�s>� ar ' ��;� 1 r.� 0E i °%R:z��.+s:� �� N �_�' o � , _\�j 1 ,e � �_� � i rv. s� � ; V Z �.6 , O \' �� \� 0 R.A1405 � „D.R��' ;� r��/l.ei3¢. ,.SB' �t II I N�'.' � . �50.�9 � 1 �, � �n 1 �6rM. AI ;"�� y `� ml� i.sc:,s.. 0 1 . � w. i'�.I �i.! .��n � z � o t° o 2 � �i ,\.. �11 h i6 ';�� d 3 �� 5 �14 � rsJ.ct la '.� °��' y�� ¢ roov' nl z . tM a 1$ O �� I � I�,��' � �� i ,e, i9� . a �oa''yI I C . 1� nl 1 �:e�` :N^ ` I � t i� �e I � e �� I Z �.,-1 �� ieeao � ta�ss � isr � zriia � a9s � S � yWRIGFIT RD. . - '' ..,a•u�.o-c �' w .. .. , . . . . . � � .w �aof �'' w � %I I I m I' " I '�- I I I ...._.._.......�_ � '....�__._._. .....,� � I I � O � � � � C.1 . 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RESOLUTION 3030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE TRACT MAP NO. 2004-05 (61862), SUBDIVIDING ONE (1) PARCEL INTO FIVE (5) LOTS 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) 20NE, LOCATED AT 11137 WRIGHT ROAD, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6194- 027-018, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Planning Commission of the City of Lynwood pursuant to law on October 12, 2004 conducted a public hearing on the subject tentative parcel map application; and WHEREAS, the Development Services Department has determined that the proposal is categorically exempt from the California Environmentai Quality Act (CEQA) Guidelines pursuant to Section 15303(b); and WHEREAS, the Planning Commission has carefully considered all oral and written testimony offered at the public hearing, Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. The subdivision satisfies all requirements and conditions required by the State Subdivision Map Act and the Subdivision Regulations of the 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. C. Proper and reasonable provisions are available for adequate ingress and egress to the parcels. H:\ rym 61862.doc � D. Proper and adequate provisions are available for all public utilities and public services. Section 2. The Planning Commission of the City of Lynwood, based upon the findings identified above, hereby approves Tentative Tract Map No. 2004-05 (61862) subject to the following conditions: � DEVELOPMENT SERVICES DEPARTMENT 1. The applicant shall meet the requirements set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles Counry Fire Code and requirements of all other City Departments. 2. The applicant, or his/her representative, shail 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. PLANNING DYVISION 3. Within twenty-four (24) months after approval of the Tentative Tract Map, the subdivider shall file with the City of Lynwood, a Final Map in substantial conformance with the Tentative Tract Map, as conditionaliy approved, and in conformance with the Subdivision Map Act and the Subdivision Regulations of the Ci,ty of Lynwood. . . 4. No certificates of occupancy shali be issued prior to recordation of the Final Tract Map approved by the City of Lynwood. 5. The Final Tract Map shall be filed with the City Engineer, Department of Environmental Services of. the City of Lynwood. DEPARTMENT OF ENVIRONMENTAL SERVICES 6. All conditions of the State Map Act and the City's subdivision Ordinance must be met prior to recordation. All matters and, improvements shall be consistent with the ordinances, . standards, and procedures of the City's Development Standards, Engineering Procedures and Standards, Water Standards, and Planting Standards of the Department of Parks and Recreation. 2 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 shall pay all applicable development fees including drainage, sewer, water and parkway trees prior to issuance of any building permits. Pay Parcel Map checking fees prior to checking. Pay $100 monument checking fee prior to recordation. Deposit $50 with City Engineer to guarantee receipt by City of recorded, reproducible 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 shall include topography of all contiguous properties and streets and shall provide for the methods of drainage in accordance with all applicable City standards. Retaining wails and other protective measures may be required. Off-site drainage easements may be necessary. The structural section of all parking areas shall be designed by a Civil Engineer based upon soils analysis supplied by a recognized and approved soils engineering firm. The structural section shali 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 Serivices/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. . H:\WORDFILE�PLANNMGUtE505Ueso3030rym618b2.doc � 10. The development shall be provided with public sewers. Connect to public sewer. Provide laterals as necessary. Provide laterals as necessary. Design of all sanitary sewers shall be approved by the Director of Environmental Services/City Engineer. 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. 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 five foot (5� wide strip of property along Wright Road. ' 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 Development Services. 4 15. The Developer shall install all public improvemenks, as required by the Director of Environmental Services/Ciry Engineer prior to issuance of an,y occuoancv �ermits for this development. 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 Environmental 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. BUILDING AND SAEFTY DIVISION 16. All construction shall meet or exceed the minimum buiiding standards that are reference 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 Electrical Code — 2001 edition; All as amended by the Califomia 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. , LOS ANGELES COUNTY FIRE DEPARTMENT 17. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. 18. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. H:IWORDFILE�PLANNING�RE5054tm3030rym61862.doc 5 � ' i 19. 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. 20. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. 21. Provide Fire Department or City approved street signs and building access numbers prior to occupancy. WATER SYSTEM REOUIREMENTS- INCORPORATED 22. 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. 23. The required fire flow for public fire hydrants at this location is 1,250 gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand. One (1) Hydrant flowing simultaneousiy may be used to achieve the required fire flow. 24. Fire hydrant requirements are as foliows: Install _ public fire hydrant(s). Upgrade / Verify one (1) exisiting Public fire hydrant. , Install _ private on-site fire hydrant(s). 25. All hydrants shail 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. Location: As per map.on file with the office. 26. All required fire hydrants shall be installed, tested and accepted or bonded for prior to Final Map approval. Vehicular access must be provided and maintained serviceable throughout construction. 27. Upgrade not necessary, if existing hydrant(s) meet(s) fire flow requirements. 6 Section 3. A copy of this resolution shall be delivered to the applicant. APPROVED and ADOPTED this 12 day of October, 2004, by members of the Planning Commission voting as follows AYES: „ NOES: � ABSENT: ABSTAIN: " ; Jim Morton, Vice-Chairman - Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Director ]ennifer Mizrahi, Dep. City Attorney ., Development Services Department Planning Commission Counsel H:\WORDFILE�PLAhINMGVtESOStreso3030rym61862.dac � RESOLUTION NO. 3036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITI( OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2004-29, PERMITTING THE DEVELOPMENT OF FOUR (4) DETACHED CONDOMINIUM RESIDENCES, 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 LYNWOAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on October 12, 2004 conducted a public hearing on the subject appiication;.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) pursuantto Section 15303(b),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 project is consistent with the Multi- Family Residential Designation on the Lynwood General Plan Land Use Map. 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 project and the zoning are consistent with densiry and development standards set forth in the R-3 (Multiple-Family Residential) zone in the Lynwood Municipal Code. � N:\WORDFILENLAhTMG\R[5054ew3036e.dac 1 . 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 and mitigation measures incorporated into the project would reduce 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 complies with development standards set forth in the R-3 zone. Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2004-29, subject to all conditions of approval set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use must be acted upon or substantial progress observed within one hundred eighty (180) days of approval (i.e. April 12, 2005) otherwise such approval , is null and void. One (1) extension of ninety (90) days (i.e. July 12, 2005) may be granted if such extension is requested in writing prior to the end of the valid period, at the discretion of the Development Services Department, Planning Division. 2. The development shall comply with all applicable regulations of the Lynwood Municipal Code, the California Building Code and the Los Angeles County Fire Code and shall be developed in substantial compliance with approved plans on file with the Development Services Department, Planning Division dated October 12, 2004. 3. The applicant shall meet the requirements of all other Ciry Departments to include but not be limited to Building & Safety, Environmental Services, Redevelopment and Code Enforcement. 4. Any proposed subsequent modifcation of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications. H:\0.'ORDFlLENLANNI�GVtE50S4csol�36a doc 2 5. The applicant and/or his representative shall sign a StatemenY of Acceptance . � stating that he/she has read, understands, and agrees to all conditions of this . resolution prior to issuance of any building permits. ; .6. The conditions of approval shall be printed on the cover page of the plans prior to submission tothe Building and Safety Division for plan check. PLANNING DIVISION 7. Landscaped areas shall consist of a minimum of thirly-five (35%) percent of the gross lot area for each parcel. The required front, rear, and side yards shalf be . landscaped and shall consist predominately of plant materials except for necessary walks, drives and fences. Landscaping and permanent irrigation systems shali be ' installed in accordance with detailed plans to be submitted and approved by the Planning Division prior to issuance of any building permits. The front setback area shall consist of roAed turf. 8. A six (6') foot high solid block wall shall be installed around the perimeter of.fhe , property. Solid and sight-obscuring fences may be installed between each parcel, except within the twenty-foot (20') front yard setback areas. Front yard fences may be permitted not exceeding four feet (4� in height and constructed of open , wrought iro,n or wrought iron with block pilasters subject to approval of plans, and issuance of a fence permit by the Development Services Department, Planning Division. 9. Prior to any building permits being issued, the developer shall pay $2.24 per � . square foot for residential buildings to the Lynwood Unified School District, pu�suant to Government Code Section 53080. 10. All vehicle access and parking areas shall be permanently paved and maintained. Such areas-shall remain clear and available for vehicle access and parking at all times. , • 11. Acoustical construction materials shall be used throughout the units to mitigate exterior noise in compliance with Lynwood Municipal Code Section 3-12. 12. The roof shall be constructed with non-reflective materials of concrete tile, Spanish tile, ARC 80 composition asphalt or equivalent as approved by the Planning Commission. Exterior building materials shalf consist of stucco consistent with approved e4evations. . � H:\W00.DFILENLAN!JINGV2ESOSUeso3036aEOC 3 � . 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 contact utility companies including Southern Califomia Edison to ascertain easements and/or covenants present on the subject properties. Any such easements and/or covenants shall be recorded on the Final Parcel Map. 15. Front elevations of each residence shall have superior architectural design with . varying building lines, window accents, and aesthetically attractive materials. 16. Exterior colors shall consist of neutral or earth tone colors. Trim and architectural , features may have brighter colors. The applicanf shall submit a color and material sample board for review and approval of the Development Services Department, . Planning Division prior to the issuance of building permits. ' ' 17. The applicant shall provide a minimum of one hundred fifty (150) square feet of , private open space per unit. No dimension shall be less than seven feet (7�. 18. The applicant shall provide a minimum of two hundred (200) cubic feet of enclosed, weather-proofed and lockable storage space for the sole use of the unit owner, Such storage space shall be separate from standard storage space traditionally provided in residences. 19. The applicant shall provide a minimum of one (1) visitor parking stalL Such parking stali shall 6e delineated and only utilized by visitoi�s. ` 20, The applicant shall submit "Declaration of Covenants, Conditions and Restrictions" .(CC&R's) to the Development Services Department, Planning Division prior to the . issuance of building permits. Such CC&R's shall be consistent with all provisions set forth in Lynwood Municipal Code Section 25-5.5. 21. Utilities shall be consistent with provisions set forth in Lynwood Municipal Code Section 25-5. BUILDING AND SAFETY DIVISION 22. All construction shall nieet or exceed the minimum building standards that are referenced in the foilowing codes. � . � H:\WORDFlLE�PLANNItiG�ESO5vew3036adoc 4 ➢ The Uniform Building Code- 2001 edition; ➢ The Uniform plumbing Code- 2001 edition; ➢ 7he Uniform Mechanical Code- 2001 edition ➢ The Los Angeles Counry Fire Code — 1999 edition; ➢ The Nation Electric Code — 2001 edition; All as amended by the California Buiiding Code 2001. In case 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 COUNTY FIRE DEPARTMENT . 23. 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. It is the responsibility of the developeyapplicant to meet with the Fire Department to review code requirements and conditions. DEPARTMENT OF fNVIftONMENTAL SERVICES/ENGINEERING 24. The site plan is incorrect. Correct the property dimensions and resubmit. Show parcel dimensions as per Tentative Map No. 61862. 25. Provide an irrevocable offer of dedication for five foot (5� wide strip of property along Wright Road. _ 26. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by the .Department of Environmental Services/Engineering Division. No building permits will be issued prior to the approval of the grading plan by the City Engineer. ,� 27. Close existing drive approach and construct proposed drive approach per APWA standards: , 28. Grind and overlay minimum of 1�/z inch damaged pavement along Wright Road fronting developmentfrom edge of gutter to edge of gutter. � H�.\WORDFILEV�LAMVINGUiESOSUemJOlbadoc 5 . .. 29. The minimum distance between the garage or parking spaces and back of sidewalk . is twenty feet (20�. 30. Connect to pubiic sewer. Each building shall be connected separately. Construd laterals es necessary. Minimum size required is six inch (6'�. When connecting to an existing lateral, a City approved contractor shall verify the size of such lateral arid shall provide proof of its integrity by providing a video tape of the lateral to the Department of Environmental Services/Engineering Division. . 31. Install one (1) 24" box street tree per APWA standards along Wright Road. 32. Regrade parkway and landscape with grass. 33. Provide and instafl one (1) marbelite street pole with light fixture, underground' services and conduits. Exact location shall be determined by the City Engineer. ° 34: Underground all new utilities. 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 protecEion 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 • • Department of Environmental Services/E�gineering Division prior to perForming . any work: Each building shall have its own water service/meter. : .H 6 APPROVED AND ADOPTED this 12"' day of October, 2004, by members of the Planning Commission; voting as follows: AYES: NOES: ABSENT: ABSTAIN: Jim Morton, Vice-Chairman Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Director Jennifer Mizrahi, Dep. City Attorney Development Services Department Planning Commission Counsel � , � � e . ' , H�\WORDFILE�PLM:JMGVtES054em}036adoc .' � � AGENDA ITEM NO. 8 � , CASE NO. CUP No. 2004-2� DATE: October 12, 2004 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services BY: _ )onathan Colin, Business License Manager SUBJECT: CONDITIONAL USE PERMIT NO. 2004-26 � 5137 Walnut Avenue ' Assessor Parceh Number 6189-037-014 ' APPLICAlVT: Fidel Alvarez PROPASAL The applicant is requesting approval to construct two (2) attached residences (duplex) , . _ two-stories in height, and construct a detached two-car garage. The existing one-story residence would be demolished and the existing two-car garage would remain. BACKGROUND 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 (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 currently existing two-car �garage would not 6e removed. ANALYSIS & DISCUSSION 'The Lynwood Municipal Code.(LMC) reguires 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. , The site-plan indicates a 25'-3" front yard setback with access provided by a iQfoot � driveway on the south property line. Landscaping exceeds the minimum twenty-five ' � percent (25%) standard. The duplex would be constructed on the front portion of the lot with a stair welf on the inside of the structure. � C'\Docwnenrs und Settings\]colinWty Documents\CUPs\S�aflReportb�p2004-26-doc � 1 , . 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 totais 28' in height to the roof point and co�sists of' stucco siding, and Spanish tile roof. The rear elevations indicate that • the second flooc will 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 €lements. . B. That the proposed location of the conditional use is in accord with the objectives of this cha'pter and the purpose of the zone in which the site is located. The project would be consistent with the R-2 zone pertaining to densiry and would satisfy all development 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) seY forth by the State. Condition's of approval set forth in Resolution 3031 would mitigate potential impacts to a devel of insignificance. D. That the proposed conditional use will comply with each of the applicable provisions of this chapter, except for approved variances. � C:�DOCUmen[s and Sel[ings\jwlinUly Documenls\CUPS\S[aftRepori�cup200d-26.doc . , - _2_ , 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 Resofution 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'�DocumenGand�Se¢ings\jcolinU1yDOC�mencs\CUPS\StaffAeportdcup2003-26.doc ' . � . , , 3 PROJECT PROFILE -• Conditional Use Rermit No. 2004-26 , 5137 WalnutAvenue 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 LNiC Section 25-25J sets forth findings approval of a Conditional Use Permit. - 2. Prooerty 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-� (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. fxistin4 Land Uses Site Developed North: Single and Multi-Family Residential � South: Walnut Avenue then Single and Multi-Family Residential West: Single and Multi-Family East: Single and Multi-Family Residential ° 4. Land Use Desi4nation 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: , QVDocumenLSUndSettingsycolinVNyDocuments�CUPSVS�af�Report�cup?00l-26.doc � - . . , _4_ , Site General Plan Zonin4 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:�DOCnments and Setting5\jcolinVvly Doc�ments�COPs\SIaOReport\cup?00q-26.doc � _5_ LOCA�'ION I�tAP . � � �; I- ' IT- . _ I �� J f i f _ . I 'y � � . ' i. I : � [_ _� I; :. � I. —_� ; s-� � ; . �� I "_ . = F . . � _ � � I � � " y � '_ � �__ "' y ��'"'�-_ . --;. � ` ' � -- a � �-i �� I ' 1 �� ` �--�; i ! '1 f , , r �_ a , � � ii i . 1-,� I _ I i i � " I ,s I �•� Ir i � , . � � � I-== i __ ! �_ --j �_ :--� � ---= . . � a - � ; , . - i �; �'� - � j < i—� I i �-- f-- � �—= _i _ r '--' i � : � I i . <s ,. ,.— - � > - 1 - � � � �- � '-'' i= '-; z 1 � � � � ae> _�as, � s --�,-. _/.' .� , , o'` ) �._. � i "� � ., � _ � k1ARTiN LUTHE�7 KIPlG JR. �� BLVD. -'� � o I o 0 � ' �ti,:F�i2! � .� �o �.� ,n _ . . f� .e 10 6J�� •11.?9 JO C Qs.t r 6C - JJ �1 a 5.: ICJ�d�� f T � .. W,n�. ' _ , ° I. IM I � ' � �a � ' . Q ; �� ,5>? � v C v �;� ;C � ;,,,. , � �s � . � � � � 18) _ /� r,: o < o /e ^ i5 /5 /.' i lB /9 � ZO � ?l "�, i7Z � Q �"`. �� . j/O S/ 57 ]O 50 SS.! ! 60 SC I I SO T IJ I '� � ` . n � ti . - i. J `� _ �. � � _ � ; o c> ��c �� > � c>� <� �- ao- i J '-m ,J�;%_^ u w��w 16 3; a9 �° en i;, e? � w?� '"!� 4 . � 4,cu ' ' 7 9> � a o �� : � `' � �' l . - � i.�C20):: ;, e.' r � �sM . � S.�`� S .1C 6C SC �� f'` f0 �. � .e frJn . �j tl � . - � ° ALniUr �� - . � nvE.° s wuuui � . . .. _ :,=—� � , � .. (24) I •„ . . � . F _. � 1 ... .. , _ i ' ` (� '� < � (°0)�S _' (3° � ' .• q � ' : / :. _ I - j . . . _ _ � (25> :1 . L -� _ :' , c . .' OO : . \-� _ �. - �25i �. i � ' 2�9) :� i _ 31) =�. � , j 41 ' ___? . . .: � r ��• � � .� . I � �� ' ' I . ' ��,.. �i J2� 6 "�' � �j _ 9 � � l J.� � : � - � �;�� 33i S;J. �� q'+� � :I I , i �- - ' I - - • � f'- - :28) :� .'.-F) 'o _ B ( � i� _ _ 1 . . �' � ... �� ' . . '� . . _ � �, = , i -' -� ' � __' '� ` , /> - '� a i .._ :i ' . .. ' ,1 � I __� . . � . . -� y. . .� 1 . � j _ ' . I >. '> � � , I ., �+.'� ` _ { u - . . . . _ I 7 Jy - _ . ' > _ - .. ( +. 1. ^ l . " _ '-. ' . ` < . - _ .i - - ' I . Casc.No. CUP 2004-26 � ` Site Address: 5137 WALNOT AVENiTE � . � ' FIDEL ALVAREZ � Appticant Name: � � � � � � � � � [XJ 300' or [ ] 300' Radius Map � . � � � RESOLUTION NO. 3031 � A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROViNG CONDITIONAL USE PERMIT NO. 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 ASSES50R PARCEL NUMBER 6189-037-014, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on October 1Z, 2004 conducted a public hearing on Conditional Use Permit No. 2004-26; 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 � 'proposai is Categorically Exempt from the California Environmental Qualify Act (CEQA) pursuant to Section 15303(a), therefore; ' Section 1. The Planning Commission of the Ciry 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 properry is located in the R-2 zone and is ' 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 . C�DOwmemseneScaings�jcolin\MyDOwmcros�CUestrcv'o2oaaz6doc 1 � , 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 City of Lynwood hereby approves Conditional Use Permit No. 2004-�6, subject to all conditions, restrictions and limitations set forth as follows CONDITIONS OF APPROVAL DEVELOPMENT 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 Yhe extension is requested in writing prior to the end of the valid period, et the discretion of the Development Services � Department. 2. The _ project shail 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 Flanning 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 _ of building permits. � � c�nocumencxend5aiings�jwfinN1y�ucumems�NPStresozooa]e,eoc ., � _ . 6. Conditions of approval shall be printed on plans prior to submission lo 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 vehicie access at all times. 9. Landscaped areas shall consist of a minimum of twenty five (25%) 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 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 instalied around the perimeter of the property, except within the twenty-foot (20') front yard setback � area. Front yard fences shail 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 permit5, 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 8uilding 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 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. _ 15. The property owner shall maintain a pro-active approach to the elimination of graffiti from the structures,, fence5 and accessory buildings, on a daily basis. Graffiti shall be removed within twenty-four (24) hours. � ." C\DUCUmen�s vnd SeningsveolinNly Do¢umenes\NPS\reso200C]6 dac p ' O 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 shalf 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/ENGINEERING DEPARTMENT . 19. Provide a corrected site plan that indicates the correct property dimensions. 20. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan wilf be checked by the Department of Environmentai 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 to an existing lateral, a City approved contractor shall verify the size of such lateral _ and shall provide proof of its integrity by providing a video tape of the lateral to the DeparEment of Environmental Services/Engineering Division. 24. Remove existing street metal pole with light fixture and install one (1) street marbelite street pole with light fixture, underground_services and conduits along Carlin Aven'ue. The exact location shall be determined by the City Engineer. 25. Underground all new utilities. 26. A permit frorrm the Engineering Division is required for all off-site improvements. 27. All required water meters, meter service changes and/or fire protection fines shall be installed by the developer. The work shall be performed by a licensed ccntractor hired by the developer. The contractor must obtain a permit from the Public Works/Engineering Division prior to performing any work. Each building shall have its own water meter. , C\DOCUmrnts and Sct�ings\jrolio�hty Dnamen�s\NPs\reso200�2fi doc 4 28. Install one (4) Z4"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. BUILDING AND SAFETY DIVIS30N 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; All �as amended by the California Building Code of 2001. In cases where the provisions of the California Building Co�e, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. LOS ANGELES COUIVTY FIRE DEPARTMENT '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. Section 3. A copy of Resolution 303 � shall.be delivered to the applicant. . �C�UOaimcntsandScuings\jcolin\MyDOCUmrn�s\CUPS\mso2006?fiJoc� C . J APPROVED AND ADOPTED this 12 day of October, 2004, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ASSTAIN: 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 Counsei ('�\Dacumrnlsand5evings\jrolinlMyDOeumrn¢\NP5\¢so200426.�oc . C . . � A AGENDA ITEM NO. 9 CASE NO. CUP No: 2004-28 DATE: October 12, 2004 TO: . , Honorable Chairman and Members of the Pianning Commission FROM: GrantTaylor, Director, Development Services Department '_ BY: Art Barfield, Planning Associate SUBJECT: !Conditional Use Permit 2004-28 : �11531 Louise Avenue � : ' APPLICANT: Helen Mendoza/Heriberto Martinez PROPOSAL The applicant is proposing to develop a second single-family residence, one-story in height, and, remodel an existing dweliing, with attached two-car garages for each dwelling, on a parcel located in the R-2 (Two Family Residential) zone, at 11531 Louise Avenue. ` PROJECT CHARACTERISTICS The property is, located on the west side of Louise Avenue, between Walnut Avenue and Cortland Avenue. The parcel is 60 feet wide, 140 deep, totaling, approximately; 8,400 square feet in area. The applicant proposes to construct the second dwelling unit � with an attached new 2-car garage. An existing unit is planned to be remodeled, including containing an attached two (2) car garage. The new unit will have a living room, dining room, kitchen, and bedrooms and baths. Access is proposed from Louise . Avenue and from the alley aYthe rear of the property. The project_proposed landscape will be at least 25% of the site a�ea. , . ANALYIS AND CONCLUSION 1. Consistencv with the General Plan and Zoninq Ordinance � The project is consistent with both the General Plan designation of Town House and Cluster Housing and the �-2 zoning for the property. The proposed development wili be developed at the maximum density of two (2) units based on the density factor for the zone of 14 units per acre. � H:\WORDFlIE�PLAf�T1MG\STAFFRPTwp200i-Te.doc � . 2. Site Suitabilitv and Compatibilitv �. _. The site; 8,400 sq. ft. in size, is suitable to contain two (2) dwelling units and is ' compatible with surrounding residential uses in the neighborhood. FINDING REQUIRED TO GRANT A CONDITIONAL USE PERMIT. a.) G�anting the conditional use permit will not adversely affect the comprehensive General Plan. b.) The proposed location of the conditional use is in accord with the _ requirements of the Zoning Ordinance and the purpose of the zone in which the site is located. c.) The proposed location of the conditional use and the conditions under � which it would be maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in -. the vicinity. d.) The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. Staff determines that these Findings have been met. ENVIRONMENTAL ASSESSMENT � The Development Services Department has determined the proposal to be categorically exempt from the provisions of the Califomia Environmental Quality Act, pursuant to 8ection 15303(b) of the State Guidelines, as amended. - RECOMMENDATION • Staff recommends that the Planning Commission adopt Resolution 3035 approving Conditional Use Permit No. 2004-28. Attachments � 1. ProjecE profile 2. Location Map 3. Resolution 3035 . 4. Plans - H:\WORDFILE�PLANNMG\STAFFRPTcup2000.28.doc � � � . . PROJECT PROFILE . Conditional Use Permit No. 2004-28 � 11531 Louise Avenue , 1. Source of Authoritv � Lynwood Municipal Code (LMC) section 25-4.2 sets forth the uses allowed in residential zones and the requirement for the Conditional Use Pecmit. LMC section 25-257 sets forth the findings that must be made for the approval of a Conditional - Use Permit. ° 2. Propertv Location and Size The project site is located on the west side Louise Avenue. The property is . approximately, 8,400 sq. ft. in size. - 3. Existing Land Use , The subject site contains an existing dwelling. The surrounding land uses are as follows: Location Develoqment North: Single & MuRi-Family Residential ' South: Singie & Multi-Family Residential Wests Single & Multi-Family Residential . East: Single & ivlulti-Family Residential 4. Land Use Desiqnations Location � General Plan Zoninq Su6ject: Town House and Cluster Housing R-2 North; Town House and Cluster Housing R-2 South: Town House and Cluster Housing R-2 West: Town House and Cluster Housing R-2 East: Town House and Cluster Housing R-2 H'\WOR�FILE�PLANIVRJG\STAFFRPT"�up2004-28.doc � - � . 5. Site.Plan Review The Site Plan Review Committee has recommended approval of this project subject to granting Conditional Use Permit No. 2004-28, and the conditions listed in Resolution 3035. 6. Code Enforcement Historv , None at the time of this report. 7. Public Response None at the time of this report. _ - H \N'ORDFILE�PLAMVIKG\STAFFRPllcup2004-28.doc �' � � � . . ' _ ^ .. . . . . . i , -� _�� ' ' I ' " ' - I _ _ � � `'�.]' �' f ' . , -. i ... �� . =5 � :. � . � '5 39 ^J �cw ° J" � � � � � � N . I ��I �I I I . � � _, Y � � I � i , i I -. � JJ 60 50 SO ��99Y Y � cC � . I ..• � r .. 'I • 5 - ' i _.... . ' � __ _. ' __ . WqLNUT ' AVE. � WAI.NUI � AVE. — .i� � ` , o „ I , � rzl CJ O - J �� ' � i_SV� � 11I.iS . y • �... /''�_� ` 4 � � ' > u J y �(J V w I O� c ' 1 p 1�) n °Cl 12 ° r 37 p � & p '. . � �.i `� c • � _' __ p . � - a � Z ` _ a , �� C "7 11o.t6 - �' �" � 21 �) . D u __ - -� $ , n (� 13 @ f�Tl 38 � I�r , b' . . . . Z �� N p q(� '1'2 ... .4' S�q �(� n ' W-� �4 -- �V v 45 �" ' - - . . `r � � l :� , , . O . � w m p3 � O o � — ' S - � n i a6 �+ � � ! __-__� �_ � 5 � 'O' a � 16 ° �- W `:., i° �. � ___- . � . . �� , � . t y � . � Oa �',;'" � �24 o`I b 1 �O Y o ��,� �O 17. 0 43 '�(�y�Z `/ �.. � Q ^ i -� ' eQ' `J' 25� ' 'O '•- . ��° � ° ` � � 39 iS � ,r 7 O � i � .i _ " °�° �.�26.0 .O �V ° k' i �. � 0 S 1� $ � � �g I . u �� .. . mOo O 27 eO o Qb`A� o !� o�; -- 41 .� co I y a ° i s I� , a _s. i „s . m : ---- �o ts � zo m ".�.1 �'-s.ta . � � ti�0 1 � 60 '11 n� p e �� • �� . � � .42 ��, -n . � � r.s. ..s.. '� � .s 1 vss l� 17'..57 � N ' eCOPt „ CORTLAND AVE. �-$ � ""-^"� � . .. . Z `� � t2�� dt 23 b�` � 11 6 b5 d v . � ' ' 101.93 � � . � lAOB , � '%°� 114.81 114.14 �` O `� m ,� '�'o 29 0� 31 � NO o 32 O N 6o N 38� � -°° 0 6° A - , . � '' ~ 1o63b , � 3�33 9 � �� 94 C . .115.61: . o . . � . , ��N.yO'S645'W.. w�y � m i m 35 W� N o �. :.� � o. ~ R � � J 30 `_. D -� � .. �I4t.69 - 109.93 � 4 m r -129.14 33 }� A � ,. . wQt�o .�+. . y , wOa p _ ° N O �O p a` n, " w O _ � • ' iia. � , _ ._ g D _ ~ , . 7T �UBLI,C NOTIFICATION BOgJNDARY ' Aa'N 6189-033-015 - , F ' _ ' 11531 Louise � � � � " � � 7 � �� Lynwood, CA w- �� , E .. September 1, 2004 JN 4376 �� . .oasa rnanngemms semcee ior Gwernmms � � O ' - - a�e s��me,> , .� . - 3 Indicates Map Key No. _ . '� iede �:e. . � .. - 12 Indicates Assessor's-Paicel I.D. No. . . S � , _.. . . . . . . RESOLUTION NO. 3035 , A RESOWTION OF THE PLANNING COMMISSION OF � . THE CITY OF LYNWOOD APPROVING CONDITIONAL ` , USE PERMIT N0. " 2004-28, PERMITTING THE DEVELOPMENT OF A SECOND DETACHED SLNGLE- FAMILY RESIDENCE, ONE (1) STORY IN HEIGHT, WITH ATTACHED 2-CAR GARAGE, AND REMODELING AN EXYSTIAlG DWELLING/GARAGE LOCATED _AT 1153T LOUISE AVENUE, LYNWOOD, CALIFORNIA, IN THE R-2 (TWO-FAMILY RESIDENTIAL) ZONE. . WHEREAS, the Lynwood Planning Commission, pursuant to law, on October 12, 2004 conducted a public hearing on Conditional Use Permit No. 2004-28; 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 pecmit will not adversely affect . the comprehensive General Pla�. The General Plan designation is Town House and Cluster Housing that is consistent with the R-2 (Two Family • Residentiel) zoning designation. 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 sufficient in size and shape to accommodate two (2) residences, required parking and applicable setbacks. C. That the proposed location of the conditional use and the conditions under which it would be operated or maintained wiA not be detrimental to the public. health, safety, or welfare, or materialiy injurious to properties or improvements in the vicinity. Conditions of approval have been included.in the project to mitigate patential impacts to a level of insignificance. � H9WORDFILE�PLANNINGVtE50SVtESOlOJS.DOC . 1 ,, D. That the proposed conditional use will comply with each of the applicable �rovisions of Chapter 25 of the Cynwood Manicipal Code except for approved variances. The project will comply with development standards ' except for minimum lot size and minimum lot width. Findings can be made to approve such variances. , � Section 2i The Pianning Commission of the Ciry of Lynwood hereby approves Conditional Use Permit No. 2004-28, subject to all conditions, restrictions and limitations set forth as follows . CONDITIONS OF APPROV14L � DEVELOPMENT 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 appraval if not acted on within this period. One extension of 90 days may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Community Development Director. , i 2. The project shall comply with all regulations and standards set forth in the Lyrrwood Municipal Code, the 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 sites 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 of building permits. : `6. Conditions of approval shall be printed on plans prior to submission to the Building � and Safety Division for plan check. ��' , ' H:\WORDFILE�PLANNRJGVtE50SVtE$03015.DOC . .1' � � � PLANNING DIVISION 7. The project shall provide a two-car garage for each residence. Such garages shall remain open 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 5hall consist of a minimum of twenty-five (25%) 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 Planning Division prior to issuance of any building permits. 10. A six (6') foot high solid block wall shail be installed around the perimeter of the properry, except within the twenry-feet (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. A solid fence, six feet (6� in height may be installed between the residences along the properry line. '. 11. Prior to the issuance of building permits, the developer shalt pay $2.14 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, or equivalent subject to review by the Planning Division. _ 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. 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 twenry-four (24) hours. ' ' _ H:\WORDFILE�PLAI.'NINGUtE505VtE503035.DOC � . 4 DEPARTMENT OF ENVIRONMENTAL SERVECES / ENGINEERING 16. Provide documentation that lots composing the property were legally tied together to the satisfaction of the Department of Environmental Services/Engineering Division. After reviewing the documents, the Department of Environmental Services/Environmental Services/Engineering Division may require the submission . and recordation of parcel map of lot merger. . 17, Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be ehecked by the Department of Environmental Services. No building permits will be issued prior to the approval of grading plan by the City Engineer. � 18. Reconstruct damaged sidewalk along Louise Avenue. 19. Reconstruct damaged and substandard drive approach (es) per APWA standards. 20. Access through the rear alley is discouraged. Alley may be vacated in the future. � - Revise site plan as-necessary to provide access for the proposed unit. 21. 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 integrity by providing a video tape of the lateral to the Department of Environmental Services/Engineering Division. 22 Root prune three (3) existing street trees and install root barriers at Louise Avenue. 23. Regrade parkway and landscape with grass. 24. Upgrade one (1) existing street metal pole to a,mar6elite street pole with light fixture, underground services and conduits. Exact location to be determined by the City Engineer. 25. . :Underground all new utilities. 26. Underground existing utilities if any modifications are proposed for the electrical service panel. 27. A permit from the Engineering Division is required for alf off-site improvements. HiWORDFILENLANNINGVtESOSVtE501015.DOC � 4 - , - 28. All cequired 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 contactor must obtain a permit from the . Public Works/Engineering Division prior to performing any work. 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; ➢ The Uniform Plumbing Code, - 2001 edition; ➢ The Uniform Mechanica! 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 200L � 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. LAS ANGELES COUNTY 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 County Fire Departmenf, Land Development Unit, Fire Prevention Division, 5823 Rickenbacker � Road, Commerce, CA 90040-3027, (323) 890-4243. . - R\N'OROFILE�PLANNINGUtESO5UtE503035 DOC . � ¢ . . J AP6�ROVED AND ADOPTED this 12"' day of October, 2004, by members of the Lynwood Planning Commission, voting as follows: . AYES: NOES: - ABSENT: ` ABSTAIN: Jim Morton, Vice Chairman . Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM t Grant Taylor, Director Jennifer Mizrahi, Dep. City Attorney . Development Services Department Planning Commission Counsel . . H�.\WORDFILE�PLMTI1VGUtE50SVtE501015.DOC C � . - . . . . . . . v AGENDA ITEM NO. 10 . • CASE NO. CUP No. 2004-30 DATE: October 12, 2004 � T0: Honorable Chai�man and Members of the Planning Commission FROM: Grant Taylor, Director, Development Services Department ' BY: Art Bafield, Pianning Associate � SUB]ECT: Conditional Use Permit No. 2004-30 11215 Long Beach (Plaza Mexico), Building B-5, Unit #5010 APPLICAhT: Maria Loza/Connie Pulido PROPOSAL: The applicant is requesting approval of a Conditional Use Permit for an alcoholic : beverage iicense Type 47 (On-Sale Gene�al Eating Place) in conjunction with a 3,960 square foot restaurant located at 11215 Cong Beach Boulevard, Building B-5, Unit 1010 in the CB-1 (Controlled Business) zone. BACKGRQUND I - The �subject property is located within the Plaza Mexico shopping center on the southwest°corner of Long Beach Boulevard and Imperial Highway. Plaza Mexico totals approximately thirry-six (36) ac�es in area and is comprised of six (6) parcels. Building B-5 totals 12,000 square feet in area, is two-stories in height,, and is located immediately adjacent to and north of a large market i.e„ Food 4 Less. Building B-5 was. _ recently completed and received the Certificate of Occupancy from the City. � DISCUSSION The applicant will operate a new specialty restaurant called Malverde Restaurant that would be an upscale eatery with separate _bar area. The restaurant would total 3,960 square feet in area and operate from 10:00 a.m. to 10:00 p.m. daily. The interior ; design is near cornpletion. Parking is availab{e adjacent to the main entrance off Imperial Highway and behind the restaurant along the previously vacated Femwood Avenue. The shopping center provides•a total of 1,906 parking stalls. .. � .H'\WORDFILF.\PLAYNIttG\STAFFRPTCUp200ad0.doc � 1 - Lynwood Municipal Code Section 25=16.20 requires a conditional use permit for any ' establishment serving alcoholic beverages and sets forth development standards. Findinas Reauired for Grantina a Conditional Use Permit Lynw�od Municipal Code Section 25-25J sets forth four (4) findings that the Planning Commission must make in order to approve a conditional use permit. Followings are the findings and staff responses in bold. a. The granting of the proposed conditional use permit wiil not adversely affect the comprehensive General Plan. The restaurant is consistent w�ith the Commercial Land Use designation " . in the General .Plan and the CB-1 (Controlled Business) zoning designation: The project is consistent with goals and policies setforth in the General Plan land use eiement. . b. That the proposed' location of the Conditional Use is in accord with the . requirements of the Zoning Ordinance and the purpose of the zone in which the - � site is located. Restaurants are permitted uses in all commercial zones. Alcohol serving establishments are permitted subject to a conditional use permit and 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. . Restaurants and are not intensive Bn nature and generally do not create negative impacts on properties in the vicinity. The sale of alcohol is incidenta! to food service and appropriate security measures are - provided'at the subject property. d. That the proposed conditional use will comply with each of the applicable provisions of this chapter, except for approved variances. The project' will comply with all provisions of the Lynwood Municipal Code set forth in Section 25-16.20. � H1WORDFILE�PLANNING\STAFFRPTwp2004dOdw - 2. ENVIRONMENTAL ASSESSMENT The Development Services Department has determined the restaurant project to be categorically exempt from the provisions of the California Environmental Qualiry Act, . pursuant to Section 15301(a) of the State Guidelines, as amended. In addition, an Initial Study and Mitigated Negative Declaration were previously prepared for the Plaza Mexico Shopping Center. RECOMMENDATION Staff recommends' that the Planning Commission adopt Resolution 3037 approving Conditional Use permit No. 2004-30. Attachments: . Location Map Properly Profile ' Resolution 3037 Plans ' � H\WORDFILEWLANNING\STAFFRPTCUp200i-30.doc . � — �, . PRO]ECT PROFILE Conditional Use Permit No. 2004-30 11215 Long Beach Boulevard, Building 6-5, #1010 Source of Authoritv , Lynwood Municipal Code (LMC) Section 25-7(b) sets forth permitted uses in the CB- 1 zone; LMC Section 25-16.20 sets forth requirements for alcohol serving esta6lishments; and LMC Section 25-25J sets forth findings for Conditional Use Permit approvals. Pro�ertv Location and size. The project is located within the Plaza Mexico shopping center on the southwest . corner of Imperial Highway and Long Beach Boulevard. The entire shopping center totals thirty-six (36) acres in area. Building 6-5 totals 12,000 square feet and the subject restaurant proposes 3,960 square feet. � Existing Land Use. The site is developed with a two-story multiple tenant retail center, restaurants and a variety of muiti-tenant commercial buildings. The surrounding land uses'are as follows: Subject: Developed North: Imperial Highway then Commercial � South: I-105 (Century) Freeway West: State Street then Manufacturing & Multi-Farnily Residential East: Long'Beach Boulevard and Commercial Land Use Designation The subject site has a General Plan Designation of Commercial, and a zoning design�ation of CB-1 (Controlled Business). The adjacent property designations are as follows: . �H�\WORDFILE�PLANNRJG�STA£FRM�cup3061d0EOC -y- General Plan Zonin4 Subject: Commercial CB-1 (Controlled Business) North: Commercial C-3 (Heavy Commercial) . South: Transportation No Zone West: Industrial M {Manufacturing) & R-3.(MFR) � East: Commercial CB-1 (Controlled Business) Site Plan Review � The Site Plan Review Committee has reviewed this appiication and recommended approval subject to conditions set forth in Resolution 3037. Code Enforcement Historv . None at the time of this report. Fublic Response None at the time of this report. .. � . . H9WORDFILE�PLAhNRJG�STAFFRP1kup2000dOdac � .. '�J � . 0 � C O � � � �] �� Y �`� .�. � �� !'�� " � � f II �� -� �, ��4 ��.;4 a �. �� y�}�' ,y.q..�� A �IMx � � A � W'- �� v" r ^ A.q Gl� �� d 1 . w�;;'� �� o �� y � � ��. a�+S�\ .. �` ��% y� � q ' �°�� r �� ,� �r�lQ�� rry�`j��aov `�� N ,�` �� 9,� ``� �' � � �r �:c�,�� . � � �i�i',� �;..�, �`N.,�,� � �� c�- � �� y� '`� � � ��m �'�,,�.��► �'��, �. � ��. �, �� .. .�� !�. �� ,�► °�°°��►,� ,�, m��'�. �, . � �m ��m. �►, ;,r-� �m � � , �� , � �;�.. , �. �- �' '�� `� �� ,,. � ' c �' m � �� ..�� `�r��. . � , o��m � �� , � ��, {. a m � �, � � ��, �� • � �:�,��.� � �� _� ;�p�� ,�,as � � �,a'� l�aH� %. p� �.0� ,�;�� l�� .��'.�� ,� �� „a�� , �� ., r�.�► ��s . , [ Q� �*. � � �� .� � y � �� ' ��_ p , ` �" ��" p� � ��"� �J: a�''�.+�0'1 ' .�R'�=LP � -aq ({�� C� �� ..�. �'�� ,,�,'r'�° �� 10K . ...' ; �. �',� �� - , ��°�� r � � °�'��''�,; 'm1 � �� . �s �� . �� y � �' �� .�°� :�w��i��ti�, �3"'4`r � � �6� � '"'-- , ... • � � Gp �m��,rQy�� ` , � � �i��'�'�� s°` r m � � � � ;� Q � � ,� _ � rt qbnl �� } j�� ., : � . � �.�� .�� . ..: g � - rkb�"", .� �,. ,, r�-_�- � �� ,. ...� � � � `�� .3�� '�'��'��'��'� o� �� , � � �� a. - � .�� m �� - •o �� , , ��,� �� °��#��s��y��,� � � o �,� ,,��, ,��, � ��u � � m ' � , � r �� . �°�� . ��'��O�o�� ma�� ;�� ;e ��, � ;�� : �f6tj � �,�'c�, � 01�� , �� r� � � lM�t�� !�1 � .r C� � ��Q '(y,',g� �I; � kA► . 0 ��CD �:�m��S�?0�7c�'�6�D�Y�fi�� a� ��Q?~�.� 1��N� � `��l� � �� ` �►.;'�� , �,��y�4a��1'm�l1�� `j�,� � z �� .� � � ��m r�;�� e wyf�E� �"� ,�- Q'� �;-� ��1 ° o l � .. � . `�'�� d d�1��1�i��°r��s��g�.��?°� �� o o � � �- � �� a o � o o� .� . � 0 � RESOLUTION 3037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, APPROVING CONDITIONAL USE PERMIT NO. 2004-30, ALCOHOlIC BEVERAGE tICENSE TYPE 47 (ON-SALE GENERAL EATING' PLACE) IN A RESTAURANT TOTALING 3,960 SQUARE . FEET IN AREA, LOCATED AT 11215 LONG BEACH BOULEVARD (PLAZA MEXICO), BUILDING B-S, UNIT #1010, IN THE CB-1 (CONTROLLED BUSINESS) . ZONE, CITY OF LYNWOOD, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, held a pubiic ` � hearing on October 12, 2004, regarding Conditional Use Permit No. 2004-30; and WHEREAS, the Lynwood Planning Commission considered all oral and written ' testimony presented at the public hearing; and WHEREAS, the Development Services Department has determined� that the � ,; proposal is categoricaliy exempt from the provisions of the California Environmental Qualiry Act (CEQA) pursuant to Section 15301(a). ' NOW; THEREFORE THE PLANNING COMMISSION OF THE C1TY OF LYNWOOD HEREBY ORDAINS AS FOLLOWS: . Section 1. The Planning Commission of.City of Lynwood hereby finds and . determines A. The grenting of the Conditional Use Permit will not adversely affect the � Lynwood General Plan. The General Plan designation is commercial that is consistent with the CB-1 (Controlled Business) zoning. Restaurants are : permitted uses in the CB-1 zone and serving alcoholic beverages are permitted subject to approval of a Conditionai Use Permit. B. That the proposed location of the conditional use is in accord with the objective of the Zoning Ordinance and the purpose of the zone in which the structure and land uses are located. The restaurant is a permitted land use in the CB-1 (Controlled Business) zone and serving alcoholic . beverages is permitted subject to a Conditionah Use Permit as set forth in Lynwood Municipal Code Section 25-16.20. . . H�\WORDiILE�PLANNIAGUtESOSVtES03 . .. _1_ i 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 the properties or improvements in the vicinity. Conditions set forth in Resolution 3037 would ensure the public health, safety and general welfare. D. That the proposed conditional use will comply with each of the applicable ° provisions of Chapter 25, Zoning, of the Lynwood Municipal Code. The application is consistent with Lynwood Municipal Code Section 25-16.20. Section 2. Tne Planning Commission of the Ciry of Lynwood hereby approves Conditional Use Permit No. 2004-30, subject to ap codes, conditions, and requirements ' • as follows: DEVELOPMENT SEitVICES DEPARTMENT ` 1. The conditionel use permit shall be acted upon within 180 days of approval. The • Conditional Use Permit shall become nuil 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 writing prior to the expiration date. 2. The project shalF comply with all applicable regulations af the Lynwood Municipal Code, California Building Code, Los County Health and Safety Code, and the Los Angeles County Fire Code. The project shall be developed in substantial compliance with approved plans on file with the Development Services Department, Planning Division, dated September 9, 2003. 3. The applicent shall meet the requirements of all other City Departments to include but not be .limited to Building & Safety, Environmental Services, Redevelopment, Finance and Code Enforcement. ',4. Any.proposed subsequent modification of the subject eite or structures thereon shall be reported to#he Development Services Department, Planning Division for � review prior to such modification. S. The applicant or his/her representative shall sign a Statement of Acceptance stating that he/she has read, understands and agrees to all conditions of this resolution prior`to the issuance of permits or licenses. � H:\WORDFI6E�PLANNINGViE50SVtESWO}�.pp� ' . , . ..., � �� _ . .. ' . 6. Conditions of Approval shall be printed on the plans prior to submission to the . Building and Safety Division for plan check. PLANNING DIVISION 7. The business establishment shall be maintained in a neat, clean and orderly manner at all times. � 8. The building exterior of the tenant space shall not be altered by materials, colors or other manner without written permission from the property owner. 9. The applicant shall comply with any conditions set forth by the State D�partment of Alcoholic Beverage Control. _ 10. The applicant shall provide proof of licensing by the State Department of Alcoholic Beverage Control prior to issue of City permits or licenses. . 11. No outside storage of materials, equipment, or suppliesshall be permitted once a - Certificate of Occupancy is issued. � 12. Prior to installing permanent signs, the applicant shall submit detailed sign plans . and obtain a sign permit. No banners, balloons or temporary advertising materials are permitied on exterior elevations. � 13. The tenant shall not permit alcoholic beverages to be consumed outside the premises. No adyertising of alcoholic beverages shail be permitted on exterior ' elevations. 14. At least one (1) adult, minimum twenty-one (21) years of age shall be present during all hours of operation. 15. The applicant shall submit a detailed description and plan of on-site security provisions for the shopping center and proposed restaurant. ° BUILDING AND SAFETY DIVISION 16. All construction shall meet or exceed the minimum buiiding standards that are referenced in the following codes: The Uniform Building Code — 2001 edition; The Uniform Plumbing Code — 2001 edition; � � � H:\WORDFILE�PLA.^TINGVtE50SViES0303].DOC . . �. _ , _ , The Uniform Mechanical Code — 2001 edition; The Los Angeles Counry Fire Code 1999 edition; The National Electric Code - 2001 edition; All as amended by the California Building Code of 200L �: 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 shalF govern. 17. Applicant shall provide interior restrooms within the tenant space pursuant to the California Plumbing Code. REDEYELOPMENT DIVISION - ` 18. The business and maintenance of the premises shall be conducted in compliance ° with the approved Development and Disposition Agreement (DDA). ' , � LOS ANGELES COUNTY FIRE DEPARTMENT 19. The applicant shall comply with all provisions of the Los Angeles County Fire Code and shall contact the Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4125. H�.\WORDFILE�PLANNINGUtESO5VtE50303) DOC . . . _4_ APPROVED AND ADOPTED this 12�' day of October 2004 by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: • Jim Morton, Vice-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 H �.\W OftDFILE�PLANNMGViESO5VtE50101 ].DOC - 5 -