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HomeMy Public PortalAbout07-13-2004 PLANNING COMMISSION F o.t°��;,��Y �it o �YNWOOD � U �� C1 . xiu o�r q <�.� �4 c� City vUeeting ChaQQenges � I I�' � �r 'LF,o¢� 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90282 (370) 603-0220 AGENDA LYNWOOD PLANNING COMMISSION REGULAR MEETING - 6:30 P.M. BATEMAN HALL AUDITORIUM 11330 BULLIS ROAD, LYNWOOD, ;�A 90262 ,, 7uly 13, 2004 �. � �,�\���� CIT ( QF LYtiW00D (•� I v n� ;-r. .�r��nF . PLANNING COMMISSIONERS JtJL 0 g 2004 Donald Dove at°� P�I Chairperson AS��G�1:E12e��,��506 ����� Hector Abarca Jim Morton �� William Araujo Commissioner Vice-Chairperson " Commissioner Victor Gomez Rita Patel Willard "Hawn" Reed Commissioner Commissioner Commissioner COMMISSION COUNSEL ]ennifer Mizrahi, Deputy City Attorney \ Law Offices of Beltran and Medina � STAFF thur Barfield, Grant Taylor, Director of �ning Associate Development Services WNMGWGENDAyulyU,200n doc -1_ / OPENING CEREMONIES 1. Call meeting to order. 2. Flag Salute. 3. Roll call of Commissioners. ; I 4. Certification of Agenda Posting. 5. Minutes of Pianning Commission Meetings: ; June 8, 2004 ; CONTINUED PUBLIC HEARINGS i 6. Conditional Use Permit No. 2004-09 APPLICANT: Luis and Socorro Aguirre '' APN 6171-013-046 (North side of Flower Street east of Peach Street) � Proposal ! Request to construct three (3) attached residences (triplex), two-stories in height, with three I (3) garage stalls and three (3) carport stalls on a vacant lot located at Assessor Parcel Number I 6171-013-046 in the R-3 (Multiple-Family Residential) zone. � Recommendation � ! Staff recommends that the Planning Commission adopt Resolution 2996 approving Conditional � Use Permit No. 2004-09. NEW PUBLIC HEARINGS 7. Conditional Use Permit No. 2004-16 , APPLICANT: Monica Rios ; 12031 Bradfield Avenue H \W OR�FILE�PLANNING�AGENDAyulyq ' ' z _ i 1, I ProPosal Request to construct two (2) attached residences (duplex), two-stories in height, and construct attached two-car garages at 12031 Bradfield Avenue in the R-3 (Multiple-Family Residential) zone. The existing residence in front would remain and the existing garage would be demolished. Recommendation I I Staff recommends that the Planning Commission adopt Resolution 3011 approving Conditional � Use Permit No. 2004-16. I 8. Conditional Use Permit No. 2004-17 and Tentative Tract Map No. 2004-04 (60989� � APPLICANT: Howard Park � 12226 Santa Fe Avenue ' Pro�osal I� Request to construct four (4) detached residences, one-story in height, with attached two-car i garages, retain the existing single family dwelling and subdivide the parcel into five (5) lots creating residential condominiums. The subject property is a through lot located at 12226 Santa Fe Avenue in the R-3 (Multiple-Family Residential) zone. ! Recommendation � Staff recommends that the Planning Commission adopt Resolution 3013 approving Conditional � Use Permit No. 2004-17 and also adopt Resolution 3012 approving Tentative Tract Map No. 2004-04 (60989). ' 9. Conditional Use Permit No. 2004-18 APPLICANT: Wiseman Dawoody ' 10820 Atlantic Avenue � Proposal � Request to develop a mixed use commercial and residential project, two-stories in height to i include 4,681 square feet of commercial and covered parking on the first floor and 8,758 , square feet of residential on the second floor consisting of seven (7) apartments and amenities � in the C-3 (Heavy Commercial) zone. The property totals 18,371 square feet in area. H'.\WORDFILEV LAMINGV.GEW A\julyli,200J.doc _3_ � i Recommendation Staff recommends that the Planning Commission certify the Mitigated Negative Declaration/Initial Study and adopt Resolution 3014 approving Conditional use Permit 2004-18. 10. Conditional Use Permit No. 2004-19 (MODIFICATION) APPLICANT: Clara Howard i 12627 Oak Avenue a � Pro osal � Request to legalize the alteration and conversion of a two-story church into a homeless shelter � and soup kitchen. The first floor has church and worship areas while the second floor has ! been fully converted to a homeless shelter. The subject property is located at 12627 Oak + Avenue in the R-3 (Multiple-Family Residential) zone. � Recommendation � Staff recommends that the Planning Commission adopt Resolution 3016 denying Conditional j Use Permit No. 2004-19 (Modification). ' I 11. General Plan Amendment No. 2004-01; Zone Chanqe No. 2004-02; Variance No. � 2004-03: and Conditional Use Permit No. 2004-20 � APPLICANT: Hermelio Franco � 10700 Alameda Street � Proposal Request to convert a vacant two-story office building into a restaurant and nightclub (EI � Farallon). The building totals 20,223 square feet and would provide the restaurant and nightclub on the first floor; o�ces, storage and employee areas would be on the second floor. The property totals 132,264 square feet or 3.01 acres in area and is located at 10700 Alameda i Street in the M(Manufacturing) zone. The project includes four (4) entitlements to include: � I I 1) General Plan Amendment: Amend the General Plan from Industrial to Commercial; i 2) Zone Change: Change the zone from M(Manufacturing) to C-3 (Heavy Commercial); � 3) Variance: Reduce distance from alcoholic establishments to residences from 500' to 50'; � 4) Conditional Use Permit: Operate a nightclub and on-site general alcohol license (Type 47). I H:\W ORDFII,E�PLANNMGUGENDAyuly U,2006.AOC .. - 4 - I Recommendation Staff recommends that the Planning Commission approve the following actions: • Certify the Mitigated Negative Declaration/Initial Study; and • Adopt Resolution 3017 approving General Plan Amendment No. 2004-01; and • Adopt Resolution 3018 approving Zone Change No. 2004-02; and i . Adopt Resolution 3019 approving Variance No. Z004-03; and , • Adopt Resolution 3020 approving Conditional Use Permit No. 2004-20. � If the applicant does not agree to comply with all conditions set forth in Resolution 3020 or the � Planning Commission elects to deny the project, staff recommends that the Planning i Commission adopt Resolution 3017 denying General Plan Amendment No. 2004-01. Denying � the General Plan Amendment wouid make the other zoning entitlement applications moot. ' CONTINUED REGULAR AGENDA � NONE j NEW REGULAR AGENDA � � NONE � PUBLIC ORALS i COMMISSION ORALS I I i STAFF ORALS ; � AD]OURNMENT Adjourn to the regular meeting of the Planning Commission on August 10, 2004 at 6:30 p.m. in the ; City Hall Council Chambers, 11330 Bullis Road, Lynwood, California. ' � I tl \WORDFILEIPLANNMG�AGEN�Ayutyll? � _5_ � AGLNDA ITEM 5 h�i aw�e s LYNWOOD PLANNING COMMISSION MEETING JUNE 8, 2004 The Lynwood Planning Commission met in regular session in the City Hall Council Chambers. Chairman Dove called the meeting to order at 6:35 p.m. Commissioner Gomez led the flag salute. Special Assistant/Development Services Grant Taylor called roll. , i Chairman Dove presiding. ; Commissioner's Morton, Gomez, Reed, and Patel answered the roll call. Commissioner's Abarca and Araujo were absent. ' Also present were Deputy City Attorney ]ennifer Mizrahi, Special Assistant/Development ; Services Grant Taylor and Planning Associate Art Bafield. � i Chairman Dove inquired if the agenda had been duly posted. Special Assistant/Development Services Grant Taylor stated the agenda had been duly � posted in accordance with the Brown Act. ; Item #5: MINUTES — Mav 11, 2004 � Chairman Dove announced agenda Item #5, Minutes of the May 11, 2004 Planning i Commission meeting and asked if the Planning Commission had any revisions, ! questions or comments. Motion by Commissioner Reed to approve the Planning Commission Minutes of May 11, . I 2004. Second by Commissioner Gomez. , Motion to approve passed 5-0. ; I � I 1 ' H \WORDFILE�PLANNINGN11IJVfES\Ofi-OB-OJminu[es Aoc � I .. . . CONTINUED PUBLIC HEARINGS Chairman Dove requested Deputy City Attorney Mizrahi to swear in all citizens wishing � to testify on any agenda item. � i Deputy Ciry Attorney Jennifer Mizrahi requested all citizens wishing to testify please � stand and Deputy Ciry Attorney Jennifer Mizrahi swore in citizens in both English and ' Spanish. Item #6: Conditional Use Permit No. 2004-09 ; APPLICANT: Luis and Socorro Aguirre ' APN 6171-013-046 (North side of Flower St. east of Peach St. ,' Chairman Dove announced continued public hearing agenda Item #6. � Special Assistant/Development Services Grant Taylor stated the applicant is requesting i to construct three (3) attached residences, a triplex, two-stories in height with three , garages stalls and three carport stalls on a vacant lot on the north side of Flower Street, east of Peach Street. Mr. Taylor stated that the applicant is requesting the item be continued. ! Motion by Commissioner Gomez to continue Conditional Use Permit No. 2004-09 until ! the ne� regular meeting. Seconded by Vice Chairman Morton. ; Motion to continue passed by general consensus. � Commissioner Abarca arrived at 6:40 p.m. � NEW PUBLIC HEARINGS Item #7: Conditional Use Permit No. 2004-12 � APPLICANT: Nextel (Ed Gallo) 3737 Martin Luther King Jr. Boulevard, Lynwood Chair pove announced new public hearing agenda item #7 and requested a staff report. ' . H�,\WORDFILE�PLANNINGUIINUTES\Ofi-UB 2 � 1 Speciai Assistant/Development Services Grant Taylor presented the staff report and stated the applicant is requesting approval to modify an existing nonconforming wireless telecommunication facility owned and operated by Nextel. The project would relocate existing radio equipment from the building roof exterior to inside the building on the si�h floor and increase the number of radios serving the site. The existing roof mounted antennas and equipment shelter would remain in place. The subject property is the six-story Centurywood Medical Building located at 3737 Martin Luther King Jr. Boulevard in the H-M-D (Hospitai-Medical-Dental) zone. Chairman Dove opened the public hearing. Ed Gallo, representing Nextel, 310 Commerce Drive, Irvine, CA 92602 spoke in support � of the project. Mr. Gallo stated the facility on the roof had become obsolete and Nextel � plans to upgrade the facility from six racks to 14 racks and modify equipment. � Chairman Dove closed the public hearing. i Motion by Commissioner Gomez to adopt Resolution 3002 approving Conditional Use i Permit No. 2004-12. Seconded by Commissioner Patel. The motion to approve passed 6-0. RESOLUTION NO. 3002 ENTITLED: A RESOLUTION OF THE PLANNING ; COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE ' PERMIT NO. 2004-12 MODIFY A TELECOMMUNICATION FACILITY BY � RELOCATING EXISTING EOUIPMENT FROM THE BUILDING ROOFTOP TO ; INSIDE THE BUILDING AT 3737 MARTIN WTHER KING 7R. BOULEVARD IN THE H-M-D (HOSPITAL-MEDICAL-DENTAL) ZONE CITY OF LYNWOOD, i COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. � ROLL CALL I AYES: Commissioner(s) Abarca, Dove, Gomez, Morton, Patel, Reed NOES: None I ABSTAIN: None ABSENT: Commissioner Araujo � H\WOftDFILE�PLANNMGU11NUfE5\06-Oe-04minuasdoc 3 i � Item #8: Conditional Use Permit No. 2004-13 APPLICANT: AI DeFaz, 1376 Virginia Avenue, lynwood Chairman Dove announced regular public hearing agenda item #8 and requested a staff report. Planning Associate Art Bafield presented the stafF report and stated the applicant is 'requesting approval to construct a second detached residence, two-stories in height, with an attached 2-car garage; and to upgrade an existing single car garage into a two- car garage. The existing residence would remain. The subject property is located at 11376 Virginia Avenue in the R-2 (Two-Family Residential) zone. The properry totals 6,325 square feet, providing adequate density to accommodate the second residence and satisfy all development standards. Chairman Dove opened the public hearing. AI DeFaz, 4253 Eagle Rock, Los Angeles, CA 90065 spoke in support. Commissioner Gomez inquired if Mr. DeFaz was the owner and if he resides on the property. Mr. DeFaz stated he was representing the owner who does reside at the subject property. Chairman Dove inquired if the applicant and the owner were aware of all conditions of approvaL Mr. DeFaz confirmed the conditions. Chairman Dove closed the public hearing. , Motion by Vice Chairman Morton to adopt Resolution 3003 approving Conditional Use Permit No. 2004-13. Seconded by Commissioner Abarca. H9WORDFILE�PLANNMGVdMU[ES\O `� ' The motion to approved passed 6-0. • RESOLl1TION NO. 3003 ENTITLED: A RESOLUTION OF THE PLANNING COMMYSSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO 2004-13 TO CONSTRUCT A SECOND RESIDENCE, TWO (2) STORIES IN HEIGHT AND A 2-CAR GARAGE, ON A LOT WITH AN EXISTING " DWELLING LOCATED AT 11376 VIGINIA AVE. IN THE R-2 (TWO-FAMILY RESID�NTIAL) ZONE CITY OF LYNWOOD COUNTY OF LOS ANGELES, S'fATE OF CALIFORNIA. � ROLL CALL AYES: Commissioner(s) Abarca, Dove, Gomez, Morton, Patel, Reed NOES: None ABSTAIN: None . ABSENT: Commissioner Araujo Item #9• Tentative Parcel Map No. 2004-02 (061222) APPLICANT: Ernesto fchevarria APN 6171-013-044 (N/S of Flower St. east of Peach St.) Chairman Dove announced new public hearing agenda item #9 and requested the staff . report. Planning Associate Art Barfield presented the staff report and stated the applicant is requesting approval subdivide one parcel into four lots to include three condominiums , and a lot for common drive and open space areas. The subject property is a vacant lot, Assessor Parcel Number 6171-013-044, located on the north side of Flower Street east of Peach Street in the R-3 (Multiple-Family Residential) zone. The property totals 9,000 ' square feet in area and previously received approval to construct three residences pursuant to Conditional Use Permit No. 2004-01. The applicant proposes to subdivide the property into three residential condominiums. � Chairman Dove opened the public hearing. � � H1WOR�FILENLAMVINGN11M1TES\Ob-OS-09minutes.doc 5 ° Ernesto Echevarria, 1620 W. 37 Street, Los Angeles, CA 90018 spoke in support and stated the project would be attractive, include tile roofs and each residence wouid have individual utilities. Chairman Dove closed the public hearing. Motion by Commissioner Gomez to adopt Resolution 3001 approving Tentative Rarcel Map No. 2004-02 (061222). Seconded by Commissioner Abarca. Motion to approve passed 6-0. RESOLUTION NO. 3001 ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING 7ENTATIVE PARCEL MAP MO 061222 TPM 2004-02, BEING A PORTION OF LOT 567 OF TRACT MAP 2551 AS PER MAP RECORDED IN MISCELLANEOUS RECORD BOOK 24 PAGES 78 AND 80 APN NO 6171-013-044. ONE PARCEL, IN THE OFFICE OF THE COUNTY OF LOS ANGELES SUBDIVING A PARCEL INTO THREE (3) LOTS AT FLOWER AND PEACH STREET in the R-3 Zone. ROLL CALL AYES: Commissioner(s) Abarca, Dove, Gomez, Morton, Patel, Reed ' NOES: None ABSTAIN: None ABSENT: Commissioner Araujo Item #10: Conditional Use Permit No. 2004-14 & Variance No. 2004-02 • APPLICANT: Fred Villegas 11581 Virginia Avenue, Lynwood Chairman Dove announced new public hearing agenda item #10 and requested a staff report: Planning Associate Art Barfield presented the staff report and stated the applicant is requesting approval to construct a second detached residence, two-stories in height, with an attached two-car garage and to reduce the required rear yard setback frorn twenty feet (20') to five feet (5'). The subject properly is located at 11581 Virginia . Avenue in the R-2 (Two-Family Residentiai) zone and totals 7,215 square feet in area Chairman Dove opened the public hearing. . H'.\WORDFILE�PLANNINGVvtMUTES\OG 6 Fred Villegas, 5536 Wright Avenue, Lakewood, CA 90712 is the architect who spoke in support on behalf of the owner. Special Assistant/Development Services Grant Taylor advised the Commission that the rear property line is the west side of the property adjacent to the commerciai property. Chairman Dove closed the public hearing. Motion by Commissioner Gomez to adopt Resolution 3006 approving Variance No. 2004-02 and adopt Resolution 3007 approving Conditional Use Permit No. 2004-14. Seconded by Commissioner Abarca. Motion to approve passed 6-0. RESOLUTION NO. 3007 ENTITLED: A RESOLUTION OF THE PLANNING COMIWISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2004-14 TO CONSTRUCT A SECOND RESIDENCE, TWO (2) STORIES IN HEIGHT, AND AN ATTACHED 2-CAR GARAGE, ON A LOT WITH AN EXISTING DWELLING, LOCATED AT 11581 VIGINIA AVE., PROVIDED A VARIANCE REOUEST IS APPROVED TO REDUCED THE REAR YARD SETBACK FROM 20 FEET TO 5 FEET, AT 11581 VIRGINIA STREET IN THE R-2 (TWO- FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. , ROLL CALL AYES: Commissioner(s) Abarca, Dove, Gomez, Morton, Patel, Reed ' NOES: None ABSTAIN: None ABSENT: Commissioner Araujo RESOWTION NO. 3006 ENTITLED: A RESOLUTION OF THE PLANNING ' COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2004- � 02, IN ORDER TO REDUCE THE REQUIRED REAR YARD SETBACK FROM � TWENTY FEET (20') TO FIVE FEET (5') FOR PROPOSED SECOND RESIDENCE i UNDER CONDITIONAL USE PERMIT NO. 2004-14, AT 11581 VIRGINIA AVENUE, LYNWOOD, COUNTY OF LOS ANGELES, IN THE R-2 ZONE. � ROLL CALL ` HiWOItDFILE�PLANMNGU1MUTES\06-OS-04minmes.doc 7 � i AYES: Commissioner(s) Abarca, Dove, Gomez, Morton, Patel, Reed NOES: None ABSTAIN: None ABSENT: Commissioner Araujo Item #11: Conditional Use Permit No. 2004-15 & Tentative Parcel Map No. 2004-04(061470) APPLICANT: Guadalupe Burgos 3259 Flower Street Chairman Dove announced new public hearing agenda item No. 11 and requested a stafF report. I Special Assistant/Development Services Grant Taylor presented the staff report and , stated the applicant is requesting approval to construct three detached condominiums, ; two-stories in height, with attached two-car garages and to subdivide one parcel into four lots to include the three residences and common drive/open space areas. The � subject properry is located at 3Z59 Flower Street in the R-3 (Multiple-Family Residential) zone and totals 8,601 square feet in area. � Chairman Dove opened the public hearing. , Guadalupe Burgos, 3251 Flower Street spoke in support. i Chairman Dove closed the public hearing. I Motion by Vice Chairman Morton to adopt Resolution 3008 approving Conditional Use Permit No. 2004-15 and adopt Resolution 3009 approving Tentative Parcel Map No. 2004-04 (061470). Seconded by Commissioner Patel. Motion to approve passed 6-0. I , H:\WORDFILEVLAMVMGVv1INUTES\06-OB-04minutaAOC O I RESOLUTION NO. 3008 ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2004-15, PERMITTING THE DEVELOPMENT OF THREE (3) DETACHED SINGLE FAMILY RESIDENCES, TWO-STORIES IN HEIGHT, WITH ATTACHED TWO-CAR GARAGES IN THE R-3 (MULTIPLE-FAMILY RESIDENTIAL) ZONE LOCATED AT 3259 FLOWER STREET, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6171-013-048, CITY OF LYNWOOD, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA. ROLL CALL AYES: Commissioner(s) Abarca, Dove, Gomez, Morton, Patel, Reed NOES: None ABSTAIN: None ABSENT: Commissioner Araujo RESOLUTION 3009 ENTITLED: A RESOLUTION OF THE PLANNING � COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO 2004-04 (061470) SUBDIVIDING ONE (1) PARCEL INTO FOUR (4) � LOTS IN ORDER TO CREATE THREE (3) CONDOMINIUMS AND COMMON I ACCESS AND OPEN SPACE AREAS IN THE R-3 (MULTIPLE-FAMILY i RESIDENTIAL) ZONE LOCATED AT 3259 FLOWER STREET, FURTHER ! DESCRIBED AS ASSESSOR PARCEL NUMBER 6171-013-048, CITY OF ; LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: Commissioner(s) Abarca, Dove, Gomez, Morton, Patel, Reed � NOES: None � ABSTAIN: None ABSENT: Commissioner Araujo j CONTINUED REGULAR AGENDA � NONE ' � H'.\WORDFILEIPLANNINGNIMUTES\06-09-Oaminutczdw 9 ' NEW REGULAR AGENDA NONE COMMISSION ORALS � I NONE I I � '� STAFF ORALS ! Special Assistant/Development Services Grant Taylor reminded the Planning � Commission that a joint hearing would be conducted with the Public Safety Commission ; tentatively scheduled for Monday, August 9, Z004 to review the Federal mandated ; Natural Disaster Mitigation Plan. i AD]OURNMENT � Motion by Commissioner Gomez to adjourn, seconded by Commissioner PateL � Chairman Dove adjourned the meeting at 7:40 p.m. �; � i i I � H lO i AGENDA ITEP:4 6 Cu,P a.00N -0 9 DATE: July 13, 2004 T0: Honorable Chairman and Members of the Planning Commission FROM: Grant Taylor, Director/ Development Services Department BY: Art Barfield, Planning Associate SUBJECT: Conditional Use Permit 2004-09 � North Side of Flower Street between Peach Street and j Lindberqh St. APN : 6171-013-044 � � APPLICANT: William Flores/Luis & Socorro Aguirre , PROPOSAL: ' The applicant is proposing to construct three (3) attached residential dwellings, two (2) ' stories in height, with three (3) garages and three (3) carport parking stalls, on a vacant � lot, in the R-3 (Multiple Family Residential) zone, on Flower Street between Peach � Street and Lindberg Street. � PROJECT CHARACTERISTICS � i The property is located on the north side of Flower Street, between Peach Street and ! Lindbergh Street; is 50 feet wide, 180 deep, totaling, approximately 9,000 square feet in � area. The applicant proposes to construct the three residential dwellings configured in � the following manner; each dwelling will have a garage, living room, dining room, and � kitchen on the first floor, and, habitable space on the second floor. The proposal calls � for three (3) bedrooms and two (2) baths on the second floor. The project is required to landscape at least 35% of the site. � ANALYSIS AND CONCLUSION , 1. Consistencv with the General Plan and Zoninq Ordinance � The project is consistent with both the General Plan designation of Multi-Family , Residential and the R-3 zoning for the property. The proposed development will � be developed at the maximum density of three (3) units based on the density factor for the zone of 18 units per acre. - ; H:AWUNDIILblY1,ANNINCA$TAFfl2PI4�up'WS-119bIDf�iTLJn[ � �� 2. Site Suitabilitv and Compatibility The site, 50 feet by 180 feet or 9,000 sq.ft. in size, is suitable to contain three (3) dwelling units and is compatible with surrounding residential uses in the neighborhood. 3. FINDING REQUIRED TO GRANT A CONDITIONAL USE PERMIT. a.) Granting 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 i 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. ENVIRONMENTAL ASSESSMENT I i The Development Services Department has determined the proposal to be categorically exempt from the provisions of the Califomia Environmental Quality Act, pursuant to ' Section 15303(b) of the State Guidelines, as amended. � RECOMMENDATION I Staff respectfully recommends that the Planning Commission adopt Resolution 2996 I approving Conditionai Use Permit No. 2004-09 Attachments � 1. Project profile 2. Location Map 3. Resolution 2996 � 4. Site Plan hl:AWOIiD191.CAPLANNIN(iASTAl1RP'I4Yip2uoA-09emfGpLJuc ri � L PROJECT PROFILE Conditional Use Permit No. 2004-09 North side of Flower St. between Peach St./ Lindbergh Street (APN: 6171-013-044) 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 Permit. LMC section 25-25.7 sets forth the findings that must be made for the approval of a Conditional Use Permit. 2. Property Location and Size The project site is located on the north side Flower Street between Peach Street � and Lindbergh Street. The property is approximately, 9,000 sq. ft. in size. j 3. Existing Land Use The subject site is vacant. The surrounding land uses are as follows: Location Development ' North: Single & Two-Family Residential ' South: Single & Two-Family Residential West: Single & Two-Family Residential ' i East: Single & Two-Family Residential � 4 Land Use Desiqnations � Location General Plan Zoninq � Subject: Multiple Family Residential R-3 ! North: Multiple Family Residential R-3 ! South: Multiple Family Residential R-3 � West: Multiple Family Residential R-3 East: Multiple Family Residential R-3 � H1WOHUI�II,Ii\PI..\�.�'INf\ti9)\IlRPl�cup3iN11�119smfl�p�.tloc � '. i I 5. Site Plan Review The Site Plan Review Committee has recommended approval of fhis project ' subject to the conditions listed under Resolution No. 2996. 6. Code Enforcement Historv None at this time. 7. 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No. i I RESOLUTION NO. 2996 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2004-09, PERMITTING THE DEVELOPMENT OF THREE (3), ATTACHED, SINGLE FAMILY RESIDENTIAL DWELLINGS (TRIPLEX), TWO STORIES IN HEIGHT, LOCATED ON THE NORTH SIDE OF FLOWER STREET BETWEEN PEACH STREET AND LINDBERGH STREET, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6171-013-046, LYNWOOD, CALIFORNIA, IN THE R-3 (MULTIPLE FAMILY RESIDENTIAL) ZONE. WHEREAS, the Lynwood Planning Commission, pursuant to law, on July 13, 2004 �, conducted a public hearing on the subject application; and ; WHEREAS, the Lynwood Planning Commission considered all pertinent testimony I offered at the public hearing; and � WHEREAS, the Development Services Department has determined that the ; proposal will not have a negative impact on the environment and is Categorically Exempt � from the California Environmental Qualify Act (CEQA) pursuant to Section 15303(a), i 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. , 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 I the site in located. � H:\WORDFILEWLANNIIJGUtE5054cso2996 w Oorcs I aguirmdoc 1 � I f C. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or . improvements in the vicinity. D. That the proposed conditional use will comply with each of the applicable provisions of Chapter 25 of the Lynwood Municipal Code. Section 2. The Planning Commission of the City of Lynwood, hereby approves Conditional Use Permit No. 2004-09, subject to all conditions, restrictions and limitations set forth as follows: 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 e�ctension 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 Development Services Department, Planning Division . 2, The project 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 � Community Development Department, Planning Division, dated July 13, 2004. + 3. The applicant shall meet the requirements of all other City Departments. i , 4. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Community Development Department, Planning j Division, for review of said modifications. � . � 5. The applicant and/or property owner shall sign a Statement of I Acceptance stating that he/she has read, understands, and agrees to all � conditions of this resolution prior to issuance of any building permits. ! i 6. Conditions of approval shall be printed on plans prior to submission to the Building , i and Safety Division for plan check. � � Ff\WORDFRE�PLANMNGVtE50Streso2996w0oreslayuirrc.doc 2 ' �� � . i I I PLANNING DIVISION CONDITIONS 7. All driveways shali be permanently paved, maintained and remain clear and accessible for vehicle access at all times. 8. Landscaped areas shall be a minimum of thirly-five (35%) percent of the gross lot area. The required front, rear, and side yards shall be landscaped and shall consist , predominately of plant materials except for necessary walks, drives and fences. Landscaping and permanent irrigation systems shall be installed in accordance with detailed plans to be submitted and approved by the Planning Division prior to i'ssuance of any building permits. 9. A six (6') foot high solid fence shall be installed along the perimeter of the property, except within the twenty-feet (20') front yard setback area. Front yard fences shall not exceed four feet (4� in height and shall be constructed of wrought iron or wrought iron with block pilasters. 10. Before building permits are issued, the developer shall pay $2.24 per square foot to the Lynwood Unified School District. 11. All driveways, access ways and parking areas shall be permanently paved, maintained and remain clear and accessible at all times. 12. Acoustical construction materials shall be used throughout the units to mitigate e�erior noise to the standards and satisfaction of the Building and Safety Division. ' 13. The roof shall be constructed with a non-reflective material . of concrete tile, Spanish tile, ARC 80, or equivalent. 14. Air conditioners, heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanical devices shali 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 i neighboring residents, in accordance with the City's Noise Ordinance. 15. The properly owner shall maintain a pro-active approach to the elimination of graffiti from the structures, fences and accessory buildings, on a daily basis, j , I . � , i i E ' H:\WOMPILENLANNINGIRESO5lrero299bafloreslayuioe.doc 3 ! I I � 16. The structures shall be painted in a neutral or earth tone color, Trim and ' architectural features may be painted in brighter colors. The applicant shall submit a color sample to the Planning Division prior to the issuance of a building permit, DEPARTMENT OF ENVIRONMENTAL SERVICES/ENGINEERINGDIVISION 17. Submit a copy of property deed or recent title report to the Department of Environmental Services/ Engineer Division. 18. Provide an irrevocable offer of dedication for five (5� foot wide strip of properly along Flower Street. 19. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan wili 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. 20. Reconstruct damaged sidewalk, along Flower Street. ' 21. Construct new drive approach(es) per APWA standards. 22. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six (6) inch. When connecting to an existing laterals, a city approved contractor shall verify the size ofsuch laterals and shall provide proof of its integrity by providing a video tape of the lateral to � the Department of Environmental Services/ Engineer Division. 23. Install iwo (2) 24" box street tree(s) per APWA Standards along Flower Street. Species to be determined by Environmental Services. A permit to install the trees is required by the Engineering Division. Exact location of the trees will be determined at the time of the permit is issued. 24. Upgrade on e(1) existing street pole to a marbelite street pole with light fixture, underground services and conduits along Flower Street exact location to be determined by City Engineer. 25. Underground ail new utilities. 26. A permit from the Engineering Division is required for all off-site improvements. I � H9WOROEILE�PLANNMGVtE50Streeo2996wlioreslaguirre.doc 4 ''�� I 27. All required water meters, meter service changes and/or fire protection lines shall be instalied 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 28. 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 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 29. ACCESS: The Fire Department recommends denial of this project as presently submitted. This recommendation maybe changed to an approval if the following conditions are appropriately addressed: The proposed driveway shall provide a minimum unobstructed width of 20" clear to sky. Indicate compliance and ' resubmit for review/approval. 30. 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. � , H'\WORDFILEV'L�INGViESOS4eso2996w�oresleguirre.doc 5 � APPROVED AND ADOPTED this 13"' day of ]uly 2004, by members of the Lynwood Planning Commission, voting as follows: AYES: � NOES: ABSENT: ABSTAIN: I i � Donald Dove, Chairman � Lynwood Planning Commission j � APPROVED AS TO CONTENT: APPROVED AS TO FORM: � � Grant Taylor, Director of Jennifer Mizirahi, Dep. City Attorney ; Development Services Planning Commission Counsel i i � H9W00.�FILE�PLANNrvGUtt505 w Iloms I ayuirrt d« 6 , I AGEDTDA I TEPd � � � Ct�P �oo�l • 1 V DATE: July 13, 2004 TO: Honorable Chairman and Members of the Planning Commission FROM: Grant Taylor, Director, Development Services Department BY: Art Barfield, Planning Associate SUBJECT: Conditional Use Permit 2004-16 12031 Bradfield Avenue, Lvnwood APPLICANT: Guillermo and Esperanza Rios PROPOSAL � � I The applicants are requesting approval to construct two (2) attached residences � (duplex), two (2) stories in height, with three (3) attached two (Z)-car garages at the i rear of the property, with the existing one-story residence, at the front of the property ; remaining. The property, under Assessor Parcel Number 6174-019-021, is located in the R-3 (Multiple Family Residential) zone at 12031 Bradfield Avenue. i PROJECT CHARACTERISTICS ' The property is located on the west side of Bradfieid Avenue, between Agnes Avenue � and Carlin Avenue. The parcel is 69 feet wide, 221 deep, totaling, approximately, � 15,283 square feet in area. The applicant proposes to construct the duplex in the ' following manner; two (2) new attached 2-car garages will be connected to the existing � residential dwelling and the new duplex. An additional 2-car garage will be located on � the first level of Unit A of the duplex. Unit A is proposed to have a 2-car garage, a ; living room, dining room, a bedroom, a kitchen, pantry, and an enclosed laundry on the ' first level. The second leve� will contain two (2) bedrooms, two (2) bathrooms, a ; retreat room, and a 14 ft, by 18.5 ft. family room. Unit B is proposed to have a living � room, a laundry room, a dining room, kitchen, and bathroom on the first level. The second level will contain two (2) bedrooms, and two (2) bathrooms, and a 18 R. by 46 i ft. deep open space to first level (including stairs). The new units will be accessed � through a 15 ft. wide driveway. An existing swimming pool is scheduled to be compacted. The project proposed landscape is at least 35% of the site. ! � � HIWONDIILf\YI,ANNINGIS'fN9�k1'I1cup?(N1l-16smlT�pi.�nc � . i ANALYSIS AND CONCLUSION 1. Consistency with the General Plan and Zoning Ordinance The project is consistent with both the General Plan designation of Multi-Family and the R-3 zoriing for the properry, provided the integrity of the proposal is maintained. The maximum density is six (6) units based on the density factor for the zone of 18 units per acre. . 2. Site Suitabiliry and Compatibility The site, 69 feet by 221 feet or 15,283 sq. ft. in size, is suitable to contain three ', (3) dwelling units and is compatib�e with surrounding residential uses in the ' neighborhood; provided the integrity of the proposal is maintained i.e. one family � per dwelling unit. FINDING REQUIRED TO GRANT A CONDITIONAL USE PERMIT. ; a.) Granting the conditional use permit will not adversely affect the � comprehensive General Plan. � i b.) The proposed location of the conditionai use is in accord with the � i requirements of the Zoning Ordinance and the purpose of the zone in i 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. i Staff finds that these Findings have been met. ; ! H,�wuaoriu:�r�.�uwnc�s'rn��,�xr�cui*'nna-is..marp�ao� � r ENVIRONMENTALASSESSMENT The Development Services Department has determined the proposal to be categorically exempt from the provisions of the California Environmental Quafity Act, pursuant to Section 15303(b) of the State Guidelines, as amended. RECOMMENDATION Staff respectfully recommends that the Planning Commission adopt Resolution 3011 approving Conditiona� Use Permit No. 2004-16. Attachments 1. Project profile ' 2. Location Map i 3. Resolution 3011 4. Site Plan � � � i i � � � i ; � . H',\WOItUFILFi\PLANNINC\ST,\FI'ftlTcvp1011J-I6n�WlipWOC .� PROJECT PROFILE Conditional Use Permit No. 2004-16 12031 Bradfield Avenue, Lynwood 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 Permit. LMC section 25-25.7 sets forth the findings that must be made for the approval of a Conditional Use Permit. 2. Property Location and Size � I i The project site is located on the west side Bradfield Avenue between Agnes , Avenue and Carlin Avenue. The property is approximately, 15,283 sq. ft. in size. � 3. Existing Land Use � I The subject site is developed with one (1) residential dwelling unit. The ; surrounding land uses are as follows: i i Location Development � North: Single & Two-Famiiy Residential � South: Single & Two-Family Residential � West: Single & Two-Family Residential i East: Single & Two-Family Residential � � 4. Land Use Designations j Location General Plan Zo nina i Subject: Multiple Family Residential R-3 � North: Multiple Family Residential R-3 I South: Multiple Family Residential R-3 i West: Multiple Family Residential R-3 i East: Townhouse and Cluster Housing R-2 i i H:\WONDIILii\PLAN�ING\iTAF}ItPl�cup]INIJ-16smt�ryi-0uc � i � 5. Site Plan Review The Site Plan Review Committee has recommended approval of this project subject to granting Conditional Use Permit No. 2004-03, and the conditions listed in Resolution 3011. 6. Code Enforcement Historv None at this time. 7. Public Response None at this time. , I i I � � i � � ; i I � kl:\WONDI9LENfA.�'NINCIST,V4'RI'l4vp^_qIJ-Ifis�vlYrpi_dac ` J ' . . I �ti"'�'� ?�OJECT It�FORMATION ' � G1Z'ICc_i �ue,��CFerrc �2031 BRADFIELD AVENUE P�cv=_arrown,E?usr �YNWOOD, CA / :,,�o�usmr;,�s SCALE 1" = 200' 04-248 ` / (626) 7505?44' � 13'OE:IM9ERTPVE_EL!ACNTE.G9t]'3 . _. V . _— _ __ . � �J � I I I L vtRG.��tA /VE. �ViRG:NW aYE. � i � V ::�' ° � O I O O O C� O O O O O O: a; r C� .r„ p �, _r., O C� � G�J C� G i� ,� +: _ ao V ��- . � I ., I . .. W iO G O O t�: C�,�O �G I O O� .w��7 C? � � E� O c� ,� � C� �J C�i � J U n . I i a �]a � rel � Z �t i �E S .. m �, � I� I w� u � • j � . '',!— � ,. _ ' „ �.. ,!.. .,I. .. .. " .. .. . . . . . � AGnES . AvE� �rl.rdE qvE' � �P r .. - a. � •- . —I"—�.a � . : , � c ;j",.O.O .C>: G �: L�I c,�s' � ^ ., ;'� -�: ;G`�c��:� � ,� �,B�K. lO2 1 ' '�'—_ m ° ...,, � � n �• ..'.� .°' n � '.�:.' " �.-I � p , � f'� K ' li� � � C �� i A � � z ..II '': `.� ____I ,..�� I ltl ln 4 u 1 9 mQ �� u.�t A , � la : . c:� : O C� \ �"ri rt.:� ' G i C� `�:�n . �•�—, ;--- =' , , _ � � 6 ] � 9 ��I I 12 ❑ �; iJ � � O (�� � :�� . � , \_'l G n� i , �G : `3 N� ':r r� I , _ _,_ � � o \_°i N 6i 6'.. . __ —_ _—_ —! ____—_ / .' _ 1 J U.� , �eJ ••• .�.. �. � �. O �'iio aQ �/ � � � * � \+„� , N �, "_ ' i7 ( m �7 ,. 10 �I �IF' �t3: - ,.. G nl a. oy � E{,�"' /_\ n' w" �%���� s 7fi UQ �5 aiJ � j :,< . S� �yi^ ,�. . iJ3 . � . 791.MO ' . : � I e5 ' ' °C 25 eC I ��Q�. I � � tY �'� ..,.,., �� � � � �6 ° i q 13 00 � 28 1p � � ,Sf oL ^ , ,� � 13. .JC. q _ � 1 ti '�l 12 e a�) i h ' f� M1V 2 � � � � " � � I ` � /�� – i —� AlJ � � � • � I ) � a � ' �` ^ ry . ^ t 1. � N'�,/u yri �� ' l �� i 7BY S ; �1. I . . ' h �_�_:....�J � bIAGNOLN U'uc? � .1Yc. o •.s �-+� l.�W.GNOLIA AVE.' � �� Jo `� • ' 1 1 __— i i V � � � [� D � � J �ry tV� . � � r �� Q I ' � i � <f � � RESOLUTION 3011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, APPROVING CONDITIONAL USE PERMIT NO. 2004-16, PERMITTING THE CONSTRUCTION OF TWO (2) ATTACHED RESIDENTIAL DWELLING UNITS (DUPLEX), TWO STORIES IN HEIGHT, WITH THREE (3) ATTACHED 2-CAR GARAGES, ON A PARCEL DEVELOPED WITH AN EXISTING RESIDENTIAL DWELLING UNIT, AT 12031 BRADFIELD AVENUE, IN THE R-3 (MULTIPLE- FAMILY RESIDENTIAL) 20NE, LYNWOOD, CALIFORNIA. WHEREAS, the Planning Commission of the City of Lynwood did pursuant to law, conduct a public hearing on ]uly 13, 2004, on Conditional Use Permit 2004-16 with � respect to the above-identified property; and � WHEREAS, the Planning Commission considered all oral and written testimony I offered at the public hearing; and ' WHEREAS, the Development Services Department has determined that the ! proposal is categorically exempt from the provisions of the California Environmental � Qualiry Act (CEQA) Guidelines pursuant to Section 15303(b); � Section 1. The Planning Commission hereby finds and determines as follows: � i A. The granting of the Conditionai Use Permit will not adversely affect the � General Plan. The Land Use Designation is Multi-Family Residential, that � is consistent with the R-3 (Multiple-Family Residential) zoning of the � subject properties. � � B. The location of the Conditional Use is in accord with the objectives of the � Zoning Ordinance and the purpose of the zone in which the site is located. ' Single-family residences are conditionaily permitted uses in the R-3 zone � subject to Lynwood Municipal Code Section 25-4.2(a). H:AWORUIILIiV'I,ANNINGViLtiUS\mvo3Ul Icioe_dac _1_ 1 C. The location of the Conditional Use and the conditions under which it would be operated and maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Appropriate conditions of approval are included to improve the property and protect adjacent properties. D. The Conditional Use Permit will comply with each of the applicable provisions of the Zoning Ordinance. The second dwelling comply with all provisions of the Lynwood Municipal Code and meets or exceeds all development standards except for minimum landscaping. Section 2. The Planning Commission of the Ciry of Lynwood, based upon the aforementioned findings and determinations, hereby approves Conditional Use Permit No. 2004-16, provided the following conditions are observed and I cornplied with at all times. DEVELOPMENT SERVICES DEPARTMENT � l. The proposed development shall comply with all applicable regulations of the ; Lynwood Municipal Code, the Califomia Building Code, and the Los Angeles � County Fire Code. � I 2. Any proposed subsequent modification of the subject site or structures thereon shall be first reported to the Community Development Department, Planning i Division for review. i 3. 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 building permits. ' 4. This conditional use permit shall become null and void one hundred � eighty (180) days after the use permitted has been abandoned, or ceases to be actively exercised, unless extended. i � 5. The applicant may request an extension of ninety (90) days provided the request ; for extension is submitted in writing to the Planning Division prior to expiration of the Conditional Use Permit. H:AWOItUlll.liANI,ANNIN(iARli$OSVresni0llnas.��s � _2- I f PLANNING DIVISION 6. The applicant shall request new addresses from the Department of Development Services. 7. The roof material shall consist of Spanish tile, concrete tile, ARC 80 or equivalent as reviewed and approved by the Planning Commission. 8. Front, side and rear yard setback areas shall be permanently landscaped and such landscaping shall be permanently maintained in a neat and orderly condition. The front yard shall be developed by install roll turf grass only. 9. The applicant shall submit a landscape and permanent irrigation plan to the Planning Division prior to issuance of building permits. A minimum of thirty-five percent (35%) of the gross lot areas shall be landscaped. 10. All driveways and parking areas shall be permanently paved with concrete and �� maintained in good condition. � i 11. Air conditioners, heating, cooling ventilation equipment, swimming pool pumps ' and heaters and all other mechanical devises shail be located within the rear I yard. Such equipment shall be screened from surrounding properties and streets and so operated that they do not disturb the peace, quiet and comfort of j neighboring residents, in accordance with the City's Noise Ordinance. � 12. A solid fence, six feet (6') in height shall be installed around the perimeter of the j parcel except for the front yard setback area. The applicant shall obtain required ; fence permits prior to installation. , i 13. Parking stalls shali remain clear and accessible for vehicle parking at all times. � 14. The residence shall be painted in neutral color earth tone colors. Trim and , architectural features shali may consist of bright colors. The applicant shall , submit color samples to the Planning Division prior to issuance of a building ; permit. , i NiWORDIIL[1PL,\NI.'IN(IkESOStreso3011nnsAac -3- , BUILDING AND SAFETY DIVISION 15. 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 Code, the Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. ENVIRONMENTAL SERVICES DEPARTMENT/ ENGINEERING DIVISION 16. Submit a copy of property deed or recent title report to the Department of Environmental Services/ Engineering Division. 17. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by the Department of Environmental Services / Engineer Division. No buiiding permits will be issued prior to the approval of the grading pian by the City Engineer. 18. Construct new four (4) foot wide sidewalk along Bradfieid Avenue fronting property. 19. Reconstruct damaged and substandard drive approach(es) per APWA Standards. � 20. Grind and overlay 1Yz inch, minimum, damaged pavement along Bradfield ` Avenue from edge of gutter to edge of gutter fronting development. I ; � H'\WUKDFlI.I?\PI.ANNWG\Rli$Otikcmi011oins.�ac � -4- I �1. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six (6) inch. When connecting to an existing lateral, a City approved contractor shall verify the size of such laterals and shall provide proof of its integrity by providing a video tape of the laterals to the Department of Environmental Services/ Engineering Division. 22. Regrade parkway and landscape with grass. 23. Underground all new utilities. 24. A permit from the Engineering Division is required for all off-site improvements 25. All required water meter, meter service change and/or fire protection lines shall be installed by the developer. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Department of Environmental Services/ Engineering Division prior to performing any work LOS ANGELES COUNTY FIRE DEPARTMENT 26. The applicant shall comply with all conditions set forth by the Los Angeles County Fire Department for this application. Please contact the Los Angeles County Fire Department, Land Development Unit, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, Ca. 90040-3027, or call (323)890-4243. Section 3. A copy of Resolution 3011 and its conditions shall be delivered to the applicants. . Section 4. Any violation of said conditions in this resolution may result in revocation or modification of the Conditional Use Permit by the issuing body at a regularly scheduled meeting. I I I I- � HIWOMDFlI,1;�1'L,V:NING\RGtiOSUcsn31111�incJuc I - C - � J APPROVED AND ADOPTED this 13 day of July, 2004 by members of the Planning Commission, voting as follows: AYES: NOES: ABSEMT: ABSTAIN: Donald Dove, Chairperson Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Director of Jennifer Mizrahi, Deputy City Attomey I Development Services Department Planning Commission Counsel I j I i I i t . I � H]WORDfILL1PI.ANVIF(\RF.S0.5\rcsoi1111nos.0�x -6- I AGENDA IT�ti4 � g ��ooy-t� T PNt a.00 v-a Y DATE: July 13, 2004 TO: Honorabie Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services SUBJECT: CONDITIONAL USE PERMIT NO. 2004-17 TENTATIVE TRACT MAP NO. 2004-04 (60989) 12226 Santa Fe Avenue APPLICANT: Howard Park PROPOSAL The applicant is requesting approval to construct four (4) detached single-family residences, one-story in height, with attached two-car garages and provide four (4) guest parking stalls. The existing residence and two-car garage near Santa Fe Avenue would remain and a detached one-story building would be demolished. In addition, the applicant proposes to subdivide one (1) parcel into five (5) lots to create residential condominiums. ANALYSIS & DISCUSSION The subject properry is located at 12226 Santa Fe Avenue, on the east side of Santa Fe Avenue between EI Segundo Boulevard and Carlin Avenue in the R-3 (Multiple-Family Residential) zone. The property is a through lot with frontage on Peach Street that measures 75 feet in width by 290 feet in depth totaling 21,750 square feet in area. The project proposes the construction of four (4) detached single-family residences, one-story in height, with attached two-car garages. The site plan illustrates the existing residence to remain and four new residences that would all be converted to residentiai condominiums pursuant to the subdivision map. The condominiums would provide guest parking, private open space patios, separate utilities, an association and Covenants, Conditions and Restrictions (CC&R's). Access to the four new residences wouid be provided by a fifteen feet (15� wide driveway from Peach Street, while access to the existing residence is from a driveway off Santa Fe Avenue. Landscaping consists of 8,254 square feet or thirty-eight percent (38%) of the gross lot area. H:\WORDFILL�PI,ANNRJG\STAFFRPilcup2004-17,ttm2 - � The floor plans indicate 1,237 square feet of living area and 400 square foot garages for each new residence. The new residences would provide three (3) bedrooms, two (2) baths, living room, kitchen, and dining room. The elevations indicate Stucco siding with composition asphalt roofs. Staff recommends ARC 80 roof for aesthetic appearance and durability. The total building height would be thirteen feet (13') from grade to the top of the roofline. DISCUSSION — TENTATIVE TRACT MAP The project proposes subdividing one (1) parcel into five (5) lots. Common drive and open space areas would be maintained through the CC&R's. The Tentative Tract Map is in compliance with the State Subdivision Map Act and with Chapter 24 of the Lynwood Municipal Code. The subdivision map would be checked by the Lynwood Department of Environmental Services and Los Angeles County Public Works Department. Conditions of approval are contained in Resolution 3012. Lynwood Municipal Code Section 25-5 sets forth standards for Residential Condominiums to include but not be limited to private open space, private storage space, parking, utilities, the formation of an association and CC&R's. Prior to the issuance of building permits, the applicant must submit CC&R's to be recorded with the Los Angeles County Clerk/Recorder. Staff supports the proposed condominiums as they will be owner occupied residences. Owner occupied residences and better maintained than rental properties. DISCUSSION — CONDITIONAL USE PERMIT The Lynwood Municipal Code requires all multiple family residential projects to obtain approval of a conditional use permit. Conditions of approval are set forth in Resolution 3012. 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. H:\WORDFILE\PLANNMG\STAFFRPTcup2004-17,Itm2 - Z The General Plan Designation is Multi-Family Residential. The project is consistent with the R-3 zoning designation, 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 pertaining to the R-3 Zone and Residential Condominiums. All development standards would be satisfied with no need for variances. C. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Conditions of approval have been included in the project 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 Municipal Code Section 25-4.8 pertaining to development in the R-3 zone and standards set forth in LMC Section 25-5 pertaining to Residential Condominiums. ENVIRONMENTAL REVIEW , The Development Services Department has determined that the project is categorically exempt from the California Environmental Quality Act (CEQA), Section 15303(b). RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 3013 approving Conditional Use Permit No. 2004-17 and adopt Resolution 3012 approving Tentative Tract Map No. 2004-04 (60989). Attachments: 1. Project Profile 2. Location Map 3. Resolution 3013 — CUP 2004-17 4. Resolution 3012 — TPM 2004-04 (60989) 5. Plans H:\WORDFILE�PLANNMG\STAFFRPTcup2004-17 ttm2004A4.doc - 3 PRO7ECT PROFILE Conditional Use Permit 2004-17 & Tentative Tract Map No. 2004-04 (60989) 12226 Santa Fe Avenue 1. Source and Authoritv Lynwood Municipal Code (LMC) Section 25-4.2 sets forth permitted uses and development standards in residential zones; LMC Section 25-25.7 sets forth findings approval of a Conditional Use Permit; LMC Section 25-5 sets forth development standards for Residential Condominiums; and LMC Chapter 24 addresses subdivision maps. 2. Property Location and Size The subject properry is rectangular in shape totaling 21,750 square feet in area. The project proposes to construct four (4) new detached single-family residences, one-story in height, attached two-car garages, with three (3) bedrooms and two (2) baths. The new residences and existing residence would be subdivided to create five (5) residential condominiums. 3. Existina Land Uses Site Develo�ed North: Multi-Family Residential South: Multi-Family Residential West: Santa Fe Avenue then Ciry of Compton East: Peach Street then Multi-Family Residential 4. Land Use Designation The subject property has a General Plan Designation of Multi-Family Residential that is consistent with the R-3 (Multiple-Family Residential) zoning. The adjoining properties General Plan and Zoning designations are as follows: Site General Plan Zonin4 North: Multi-Family Residential R-3 (Multiple-Family Residential) South: Multi-Family Residential R-3 (Multiple-Family Residential) West: City of Compton City of Compton East: Multi-Family Residentiai R-3 (Multiple-Family Residential) H:\WOILDFILE�PLANNMG\STAFF[iPTlcup2004-17,rtm2004-04.dac � 4 5. Site Pian Review The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions set forth in Resolutions 3012 and 3013. 6. Code Enforcement Historv Property maintenance violations have been observed and must be remedied prior to the issuance of building permits. 7. Public Response None at the tirne of this report. H:\WORDFILENLANNING\STAFFRPllcup2004-17,nm • - 5 LOCATION 1�1�4P � � 1 � µJ � O s I� � .. - - O_- � I /��.5 NIYIY< N� � p O O O _ Ya . • n6 � ' �p �' 12_�4 N 16 iB O° l.w O � ess � � vo O $ . � YO � ^ I �� 1 ° ° _ ___ I � ^ . 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HOWdLC7 Pdrk � � �[ ) 300' or [ ] 500' Radlus Map � RESOLUTION 3013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT 'NO. 2004-17, PERMITTING THE CONSTRUCTION OF FOUR (4) DETACHED RESIDENCES, ONE-STORY IN HEIGHT, WITH FIVE (5) ATTACHED TWO-CAR GARAGES. THE EXISTING RESIDENCE NEAR SANTA FE AVENUE WOULD REMAIN. THE PROPERTY IS LOCATED AT 12226 SANTA FE AVENUE, IN THE R-3 (MULTIPLE-FAMILY RESIDENTIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6168-017-003, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on ]uly 13, 2004 conducted a public hearing on the subject application; 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 categoricaily exempt from the California Environmental Qualify Act (CEQA) pursuant to 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 R-3 zoning are consistent with density and development standards set forth in Multiple-Family Residential zone. t�:�woxnFatvur+taMCUtesostr�:o�oi�. a« 1 C. That the proposed location of the conditional use and the conditions under which it would be operated or maintained wili not be detrimental to the public health, safety, or weifare, or materially injurious to properties or improvements in the vicinity. Conditions of approval are incorporated into the project to reduce potential impacts to a level of insignificance. � D. That the proposed conditional use wiil comply with each of the applicable provisions of Chapter 25 of the Lynwood Municipal Code, except for approved variances. The project complies with all development standards set forth in the R-3 zone. No variances are necessary. Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2004-17, 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 otherwise such approval is null and void. One (1) extension of ninety (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 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 July 13, 2004. 3. The applicant shall meet the requirements of all other City Departments to include but not be limited to Building & Safety, Environmental Services, Redevelopment and Code Enforcement. 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 applicant and/or his representative shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of any building permits. H'\WORDFILL�PLANNMG\ftL50StresolOUa.doc 2 6. The conditions of approval shali be printed on the cover page of the plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION 7. Landscaped areas shall consist of a minimum of thirty-five (35%) percent of the gross lot area for each parcel. 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. The front setback area shall consist of rolled turf. 8. A six (6'} foot high solid and sight-obscuring fence shall be installed around the perimeter of the property, except within the twenty-foot (20') front yard setback areas. Front yard fences (Santa Fe and Peach) may be permitted not exceeding four feet (4') in height and constructed of open wrought iron or wrought iron with block pilasters subject to approval of plans and issuance of a fence permit. 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, pursuant to State Law. " 10. All driveways, access ways and parking areas shall be permanently paved and maintained. Such vehicle access and parking areas shall remain clear and available for vehicle access and parking at all times. ` 11. Acoustical construction materials sha{I be used throughout the units to mitigate exterior noise in compliance with the Lynwood Municipal Code. - ` 12. The roof materials shall consist of non-reflective materials of concrete tile, Spanish tile, Arc 80 or equivalent as approved by the Development Services Department. 13. 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. - � H:\WORDFILE@LAMVINGUtE50Streso301la.doc 3 14. The appiicant shall contact utility companies including Southern California Edison to ascertain easements and/or covenants present on the subject properties. Any such easements and/or covenants shalF be recorded on the Final Tract Map. 15. Front elevations of residences facing Santa Fe Avenue and Peach Street shall have superior architectural design with varying building lines and construction materials. , 16. This conditional use permit is subject to approval of Tentative Parcel Map No. 2004-04 (60989) and all conditions set forth therein. 17. The applicant shall provide a minimum of one hundred fifty (150) feet of private open space per each residence. 18. The applicant shall provide a minimum of two hundred (200) cubic feet of private storage space for the sole use of each unit owner. 19. The applicant shall comply with ali utility standards set forth in Lynwood Municipal Code Section 25-5:e. 20. Prior to the issuance of building permits, the applicant shall prepare and submit a "Declaration of Covenants, Conditions and Restrictions" relating to assignement, management and maintenance of the common areas and facilities. DEPARTMENT OF ENVIRONMENTAL SERVICES/ENGINEERING 21. Submission and recordation of a Tract Map is required. Certificates of occupancy will not be issued prior to the recordation of a subdivision map. ._ 22. Dedicate a sixteen feet (16') wide strip of properly along Peach Street fronting the property site. 23. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by the Department of Environmental Services. No building : permits will be issued prior to the approval of grading plan by the City Engineer. � 24. Construct fulf width sidewaik on Peach Street. 25. Construct new drive approach(es) per APWA standards. 26. Close existing drive approach(es) and construct proposed drive approach(es) per APWA standards. H�.\WORDE[LEIPLANNMGViESO5Uem30Ua dac 4 27. Gonnect to public sewer. Each building shali be connected separately. Construct laterals as necessary. When connecting to an existing lateral, a City approved contractor shall verify the size of such laterals and provide proof of its integrity by providing a videotape of the lateral to the Department of Environmental . Seroices/Engineering Division. 28. Install two (2) 24" box street trees per APWA standards along Santa Fe Avenue. ` Species to be deterrnined by Environmental Services. A permit to install the trees , is required by the Engineering Division. Exact location of the trees will be determined at the time the permit is issued. 29. Regrade parkway and landscape with grass. 30. Provide and install one (1) marbelite street pole with light fi�ure, underground services and conduits along Peach Street. 31. Underground all new utilities. ` 32. A permit from the Engineering Division is required for all ofF-site improvements. 33. All required water meters, meter service changes and /or fire protection lines shall be installed by the developer. The work shall be performed by a licensed contractor hired by the developer. The contactor must obtain a permit from the Public Works/ Engineering Division prior to performing any work. Each building shall have its own water service/meter. 34. Widen Peach Street by eight feet six inches (8'-6'�; grind and overlay 1 1/2" minimum from edge of gutter to edge of gutter. Street widening plan shall be reviewed and approved by the City. BUILDING AND SAFETY DIVISION 35. 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 Nation Electric Code — 2001 edition; �� ' H\WORDFILB�PLANNINGUtE505 C � . Ali as amended by the California Building Code. In case where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. LOS ANGELES COUNTY FIRE DEPARTMENT 36. 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. APPROVED AND ADOPTED this 13` day of July, 2004, by members of the Planning Commission, voting as follows � AYES: NOES: ABSENT: ABSTAIN: Donald Dove, Chairman Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Director of Jennifer Mizrahi, Dep. City Attorney Development Services Planning Commission Counsel H�.\WORDEILE�PLAMYMG\RESOSVeso 6 RESOLUTION 3012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE TRACT MAP NO. 2004-04 (60989), SUBDIVIDING ONE (1) PARCEL INTO FIVE (5) LOTS FOR PROPERTY LOCATED AT 12226 SANTA FE AVENUE, IN THE R-3 (MULTIPLE-FAMILY RESIDENTIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6168- 017-9003, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Planning Commission of the City of Lynwood pursuant to law, on July 13, 2004 conducted a public hearing on the subject Tentative Tract Map • application; and WHEREAS, the Development Services Department has determined that the proposal is categorically exempt from the California Environmental 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 meets all the applicable 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 and the �ynwood Municipal Code. C. Proper and reasonable provisions are available for adequate ingress and egress to the parcels. D. Proper and adequate provisions are available for all public utilities and public services. - . H:\WORDFILENLANNING�RESOSVeso3012a.doc 1 � Section 2. The Planning Commission of the City of Lynwood, based upon the findings identified above, hereby approves Tentative Tract Map No. 2004-04 (60989) subject to the following conditions: . DEVELOPMENT SERVICES DEPARTMENT L The applicant shall meet the requirements set forth in the Lynwood Municipal Code, the California Buiiding Code, the Los Angeles County Fire Code and requirements of all other City Departments. 2. The applicant, or his/her representative, shall sign a Statement of Acceptance stating that he/her has read, understands and agrees to the conditions imposed by the Planning Commission, before any building permits are issued. PLANNING DIVISION 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 conditionally approved, and in conformance with the Subdivision Map Act and the Subdivision Regulations of the City of Lynwood. 4. No certificates of occupancy shall be issued prior to recordation of the Final Tract Map approved by the City of Lynwood. 5. The Tentative Tract Map shall be filed with the City Engineer, Department of Environmental Services of the City of Lynwood. DEPARTMENT OF ENVIRONMENTAL SERVICES 6. All conditions of the State Subdivision 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. The Developer is responsible for checking with staff for clarification of these requirements. z 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 appiicable development fees including drainage, sewer, , water and parkway trees prior to issuance of any building permits. Pay Tract Map checking fees prior to checking. Pay $100 monument checking fee prior to recordation. Deposit $50 with City Engineer to guarantee receipt by City of recorded, reproducible mylar, tract map prior to recordation. Alf 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 shail include topography of all contiguous properties and streets and shall provide for the methods of drainage in accordance with all applicable City standards. Retaining walls and other protective measures may be required. 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/Ciry 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. � ' HIWORDF7L�lPLANNINGViESOStrcso30l2a.doc � 3 � 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 Departrnent 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 sixteen feet (16') wide strip of property along Peach Street. 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 ail areas of construction. This may require proper and adequate signs, fences, barricades, or other approved control devices as required by the Director of Community Developer. Y5. The Developer shall install all public improvements, as required by the Director of Environmental Services/City Engineer �rior to issuance of any occupancX ` ep rmits for this development. Public Improvements shall include but are not limited to: a) Reconstruct damaged sidewalk, curb and gutter and required pavement along Santa Fe Avenue. b) Close existing drive approach(es) and construct proposed drive approach(es) per APWA standards. c) Construct full width sidewalk along Peach Street. 4 d) Construct new drive approach(es) and required pavement along Santa Fe Avenue. e) Install two (2) 24° box street trees per APWA standard plans along Santa Fe Avenue. � Regrade parkway and landscape with grass. g) Provide and install one (1) marbelite street pole with light fi�ure, - underground services and conduit along Peach Street. h) Widen Peach Street by eight feet six inches (8'-6"), grind and overlay 1�/z° minimum from edge of gutter to edge of gutter. Plan shall be reviewed and approved by the City. 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/ Gity 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 i6. All construction shall meet or exceed the minimum building 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 California Building Code of 2001. ��H'.\WORDFILE�PLANNMGU2ES054eso3 5 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 compiy with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. 18. Fire Department access shall be e�ended to within 150 feet distance of any � e�erior portion of all structures. 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 REQUIREMENTS- 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 simultaneously may be used to achieve the required fire flow. 24. Fire hydrant requirements are as follows: Install _ public fire hydrant(s). Upgrade / Verify one (1) exisiting Public fire hydrant. Install _ private on-site fire hydrant(s). 6 25. All hydrants shall measures 6"x4"x2-1/2" brass or bronze, conforming to current AWWA standards C503 or approved equal. All on-site hydrants shall be installed a minimum of 25' feet from a structure or protected by a two (2) hour rated firewall. Location: As per map on file with the office. Other location: At the intersection of Fernwood Avenue and Birch Street. 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. Section 3. A copy of this resolution shall be delivered to the applicant. * APPROVED and ADOPTED this 13 day of Iuly, 2004, by members of the Planning Commission voting as follows: AYES: NOES: �ABSENT: ABSTAIN: Donald Dove, Chairman Lynwood Planning Commission ' APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Director of Jennifer Mizrahi, Dep. City Attorney Development Services Planning Commission Counsel H:\WORDFILE�PLANNMGU2HSOSbesa3012e.Uoa '� AGEY�IDA ITEM 9 � �����g - DATE: July 13, 2004 TO: Honorable Chairman and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services SUB]ECT: Conditional Use Permit No. 2004-18 10820 Atlantic Avenue APPLICANfi Wiseman Dawoody PROPOSAL: The applicant is requesting approval to construct a mixed use commercial and residential ` project, two-stories in height, to include 4,681 square feet of commercial stores and covered residential parking on the first floor and 8,758 square feet of residential on the , second floor consisting of seven (7). apartments and amenities. Eighteen (18) open commercial parking stalls and fifteen (15) covered residential parking stalls would be , provided. BACKGROUND On September 9, 2003 the Lynwood City Council approved an update to the Lynwood General Plan that included provisions for mixed use developments within the Land Use Element. On December 16, 20Q3 the Lynwood Redevelopment Agency reviewed the project and granted conceptual approval and directed staff to draft an ordinance that woufd permit end regulate mixed use projects. On June 1, 2004 the Lynwood City Council adopted an ordinance approving Zoning � Ordinance Amendment No. 2004-01 to allow mixed use projects subject to development standards. DISCUSSION & ANALYSIS The site plan illustrates that the building would be Jocated at the rear of the parcel (east end) adjacent to a public alley in the City of South Gate. The building would consist of two-stories-and total 13,452 square feet in area. �' H\WORDFILEIPLANNING\STAFFRPT\cup200448mixeduse.doc 1 . ' The first Floor would total 4,681 square feet and commercial tenant spaces would be leased based on market demand. Covered residential parking would be provided behind the building with access from the alley. The City of South Gate has consented to use of the ailey for access to the residences. Commercial parking would be provided at the front of the project adjacent to Atlantic Avenue from two (2) driveways providing ingress on the south and egress to the north. Four (4) trash enclosures would be provided to include two (2) in the landscaped areas for commercial uses and two (2) under the stairs adjacent to the alley for residential uses. The second floor plan indicates a total of 8,771 square feet in area and consists of seven (7) apartments and residential amenities. The apartments would provide two (2) bedrooms and one (1) bathroom with two (2) different floor plans that indicate 722 square feet or 863 square feet. The seventh residential unit is proposed for an on-site manager. A hallway running north to south down the middle of the second floor would ', provide access to the residential units. I The second floor plan indicates an administrative department totaling 673 square feet, a ' recreation center totaling 864 square feet and storage area totaling 673 square feet. � Exits to the stairways are provided on the north and south ends of the building. The � second floor would overhang the residential parking. I The elevations indicate the exterior would consist of stucco siding with Spanish tile roof. ! The building totals thirry-two feet (32� in height from grade to the highest roofline. The ; project architecture is modeled after the mixed use project located on the corner of � Tweedy Boulevard and California Avenue in the City of South Gate. The applicant would � be required to submit a color and material sample board for review to ensure compliance ' with the City's color code and provide an aesthetically appealing and superior project. In � addition, a comprehensive sign plan will be required to ensure neat and attractive � advertising that satisfies code requirements. ; MIXED USE DEVELOPMENTS I i i Lynwood Municipal Code Section 25-37 permits mixed use developments in commercial i zones subject to approval of a conditional use permit and development standards. The � project satisfies all development standards set forth to include: � • Density � • Design Review i . Lot Size ' • Setbacks ' . Landscaping � H:\WOR�FILE�PLANNING\STAFFRP"I\cup2004-IS.�niseduse.doc 2 � I • Parking . Trash Storage . Lighting . Utilities FINDINGS REOUIRED TO APPROVE A CONDITIONAL USE PERMIT Lynwood Municipal Code Section 25-25.7 sets forth four (4) findings the Planning Commission must make in order to approve a conditional use permit. Following are the findings in bold and staff comments. a. The granting of the proposed conditional use permit will not I � I adversely affect the comprehensive General Plan. , The subject property has a General Plan Land Use Designation of � Commercial that is consistent with the C-3 (Heavy Commercial) zoning. The mixed use commercial and residential development is consistent with , the Lynwood General Plan and goals and policies set forth in the Land Use i Element. 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. ; Mixed use projects are permitted in the C-3 zone subject to a conditional use permit and development standards set forth in LMC Section 25-37. � The project would comply with all code requirements. ' I c. That the proposed location of the conditional use and the conditions under which it has been operated or maintained will not be detrimental ' , to the public health, safety, or welfare, or materially injurious to i properties or improvements in the vicinity. ' The location of the conditional use is adequate in size and shape to ; accommodate the mixed use project including lot size, parking, landscaping, ; setbacks, and other development standards. The initial study identified that : although the project may have potential impacts on the environment, there � will not be significant impacts in this case because mitigation measures and conditions of approval have been added to the project that would reduce ' potential impact to a level of insignificance. H:\WORDFILEN6ANNWG�51'AFFRPTcup2004-IB.mixeduse.doc 3 I I a 1 d. That the proposed conditional use will comply with each of the applicable provisions of this chapter, except for approved variances. The project complies with all applicable provisions set forth in LMC Section 25-10 and 25-37 of the Lynwood Municipal Code. No variances are required. ENVIRONMENTALASSESSMENT The Deve�opment Services Department has determined the proposed project may have significant impacts on the environment pursuant to an Initial Study. There will not be significant impacts in this project because mitigation measures have been added to the project to reduce potential impacts to a level of insignificance pursuant to the California Environmental Quality Act (CEQA) Guidelines. A Negative Deciaration was prepared. RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 3014 approving Conditional Use Permit No. 2004-18. Attachments: 1. Project Profile 2. Location Map 3. Resolution 3014 4. Negative Declaration/Initial Study 5. Plans H:\WORDFILEIPLANNWG\STAFFRPi�cup2004-IB.miseduseAoc 4 PROJECT PROFILE Conditional Use Permit No. 2004-18 10820 Atlantic Avenue 1. Source of Authoritv Lynwood Municipal Code (LMC) Section 25-37 permits mixed use commercial and residential subject to a Conditional Use Permit; and development standards; LMC Section 25-10 regulates land uses in the C-3 (Heavy Commercial) zone; LMC Section 25-25.7 sets forth the findings that must be made by the Planning Commission for approval of a Conditional Use Permit. 2. Property Location and Size The subject property is located at 10820 Atlantic Avenue on the east side of Atlantic Avenue between Abbott Road and Pendleton Avenue in the C-3 (Heavy Commercial) zone. The site totals approximately 18,371 square feet in area. 3. Existing Land Uses Subject: Vacant one-story office North: Residence and Auto Repair South: Restaurant East: Alley then residential in the City of South Gate West: Atlantic Avenue then a commercial shopping center 4 Land Use Designations General Plan Zonina . Subject: Commercial C-3 (Heavy Commercial) North: Commercial C-3 (Heavy Commercial) South: Commercial C-3 (Heavy Commercial) East: City of South Gate Residential City of South Gate Residential West: Commercial C-3 (Heavy Commercial) 5. Site Plan Review The Site Plan Review Committee has reviewed this project and recommended approval subject to conditions in Resolution 3014. H:\WOIiDFILI;IPLANNMG\STAFFRPTcup2004-18.mixeduse.doc 5 6. Zoning Enforcement History None of record at the time this staff report was written. 7. Public Response None of record at the time this report was written. H:\WORDFILEIPLANMNG\STAPFRPTcu0Z004-18,mixeduse.doc 6 LOCATION NI�4P 4Z 43 44 � p1 45 ABBOTT RD. � ,z ♦ NB 'M' ,� �__�� � im a�iSf . e�� � tn t.f 4? Oq `$ .. •ar" 30 � 3 0 � �O �� �I] h � �j & , I� O VO o� � 3 2 � v 3 � es.e Q ua 3 � s to � 29 �3 � . . b R.m U 11 Q �zun ' xoi �' ��m � � . 's� 4 Koo1 a 5 = P,..�:% �z ze ao i � F y � �) 3Z ec:t, ; } °e '�h B6.]J � a�r. � R ___ � � 3r.2 "'q�' 1 ` 27 Q i� ' "`""' � ^° R • AS iao 13 °.R�s � t ��" s�^ v �� � _ _ _ / �3o- _ B>Je i.4 . eE I /: . �� .� o$__ Qarn- 14 q lJ -tas�'�� 2 � 9 _35-_ 4 � 26 r ¢ � o ` iss�a � � a[o ao �+,. .: .,' � S ; � �. 15 Q . au� � . �� 2 __ 25 � �°.) 3 5 �' I %IlP1 ♦ \/ 9663 2 i6 U � �2 `-- —37 e:`�" ��' 2a � v , O 6 w•'� 13 » � � 054 (� ♦, rcvoo • 14 ri3i 18 � 23 T___ /� : i i iuo O 39 Q ��5s Q 7 '\'-' 1 S 7 — — / "+ tur �M �S»o��40 19 q 22 % � .eb - - -q - � /33 /O � � ?J irtit 2 .� B ` n 17ai'� ro:i1m='�41 20 2t 7.far'*$ r.� �< i9 6.} � � NdTSIIO'W. p`�� � . �ave. � PENDELTON � - �� - ` _.. .�H4 P'�� , � p � 38z ,/0 0 i��a+' 39 p e� ( � � Q ' eaJ ' ^ 3/D � ; W,.�" .�JB � !0 b .• �00 C � 4 � O'O 1 I /I061 � ,� ^ � ---- W � U59P_, o . `w,ua 20 � � { /19 {y \ UM�•' � O ^ ti Q . � // 44 ; \ ') so �• � � F 1?l �� Z 0 Q 22 �z 4 5 � �9r se _ C�scNo. Conditional Use Permit No. 2004-18 SiteAddress: 10820 Atlantic Avenue Applican[Name: Wiseman D [] 300' or [] 500' Radius Map RESOLUTION 3014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2004-18, PERMITTING CONSTRUCTION OF A MIXED USE COMMERCIAL AND RESIDENTIAL PROJECT, TWO-STORIES IN HEIGHT, TO INCLUDE 4,681 SQUARE FEET OF COMMERCIAL STORE AND COVERED RESIDENTIA PARKING ON THE FIRST FLOOR AND SEVEN (7) RESIDENCES TOTALING 8,758 SQUARE FEET ON THE SECOND FLOOR. EIGHTEEN (18) COMMERCIAL PARKING STALLS AND FIFTEEN (15) RESIDENTIAL PARKING STALLS ARE PROVIDED. THE SUBJECT PROPERTY IS LOCATED AT 10820 ATLANTIC AVENUE IN THE C-3 (HEAVY COMMERCIAL) ZONE, FURTHER DESCRIBED AS � ASSESSOR PARCEL NUMBERS 6194-001-007 & 008, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a , duly noticed public hearing on July 13, 2004 on Conditional Use Permit No. 2004-18; and WHEREAS, the Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the project may have potential impacts on the environment, therefore an Initial Study and Negative Declaration was prepared for the project and mitigation measures included to reduce potential impacts to a level of insignificance pursuant to the provisions of the California Environmental Quality Act (CEQA) Guidelines; Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. The granting of the conditional use permit will not adversely affect the comprehensive General Plan. The General Plan designation is Commercial that is consistent with mixed use commercial/residential projects. The mixed use project is consistent with the goals and policies of the General Plan Land Use Element. ruwoanFae�r�nnm+mcwESOSe� � - 1 - B. That the proposed location of the conditional use is in accord with the objective of this chapter and the purpose of the zone in which the site is located. The mixed use project is consistent with the C-3 (Heavy Commercial) zone that permits commercial, retail, office, service, restaurant and residential land uses. The mixed use project is consistent with the objective of Section 25.37 of the Lynwood Municipal Code. 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 mixed use project review included an Initial Study to identify potential impacts associated with the project and conditions of approval have been included that would reduce potential impact to a level of insignificance. The public heaith and safety would be protected. D. That the proposed conditional use will comply with each of the applicable provisions of this chapter, except for approved variances. The mixed use project complies with all development standards set forth in the Lynwood Municipal Code. No variances are required. Section 2. The Pianning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Conditional Use Permit No. 2004-18, provided the following conditions are observed and complied with at all times. DEVELOPMENT SERVICES DEPARTMENT 1. The development shall comply with all applicable regulations of the Lynwood Municipal Code, the California Building Code, the Health and Safety Code and the Los Angeles County Fire Code. 2. Any proposed subsequent modification of the subject site or structures thereon shall be first reported to the Community Development Department, Planning Division, for the review. 3. The property owner shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions set forth in this resolution prior to issuance of any building permits. 2 4. The conditional use permit is valid for one hundred eighty (180) days from the date of approvai. The applicant may request a ninety (90) day extension in writing prior to the expiration date. The applicant shall submit for plan check, obtain building permits and make substantial compliance within the aforementioned time frames otherwise such approval may become null and void. PLANNING DIVISION 5. The property owners shall submit a detailed landscaping and irrigation plan to be reviewed and approved by the Development Services Department, Planning Division prior to issuance of building permits. Such landscaping shall be a minimum of seven percent (7%) of the gross lot area. 6. All vehicle access aisles and parking stalls shall be maintained with permanent non pervious asphalt. Such parking stalis shall be delineated and have bumper guards. The property owner shall maintain required fire access at all times. 7. The parking areas shall be illuminated with lights directed and shielded to prevent �ight intrusion to adjacent properties. A lighting plan shall be submitted to and approved by the Development Services Department, Planning Division prior to issuance of building permits. 8. Air conditioners, heating, cooling and ventilation equipment, and all other exterior mechanicai devices shall be located as to be screened from surrounding properties and streets and so operated that they do not disturb the peace, quiet and comfort of neighboring residents, in accordance with the City's Noise Ordinance. 9. Four (4) trash enclosure(s) shall be provided and be constructed of solid block on three (3) sides, a minimum of five feet (5') in height and have a solid and sight obscuring gate. 10. The applicant shall submit a Tentative Parcel Map prior to the issuance of building permits. No Certificate of Occupancy shall be issued until a Final Parcel Map is recorded with Los Angeles County Registrar Recorder/County Clerk. 11. Directional signs shall be installed at driveway entrances and arrows delineated on the vehicle access aisle for the commercial parking area. Such signs shall include entrance only at the southerly driveway, and exit only on the northerly d riveway. H:\WORDFILE�PLANNINGViE50S\mw1 — � 12. A comprehensive sign pian shall be reviewed and approved by the Development Services Department Planning Division prior to installation. Such signs shall consist of individual channel letters of approved colors. 13. The applicant shall obtain written approval from the City of South Gate for use of the alley providing parking access for residences. 14. The mixed use project shall satisfy all development standards set forth in Lynwood Municipal Code Section 25-37. 15. The residentiai part of the project shall have security fencing, gates and other measures to prevent trespass. Fencing and security measures shall be impiemented pursuant to plans approved by the Planning Commission. 16. Residences for senior citizens shall incude speakers or intercoms installed within the unit. 17. The project shall consist of superior design, materials, colors and architectural features. The structure shall have various building lines and attractive architectural features. The building shail have stucco exterior with Spanish tile, concrete tile or similar roof material. Front elevation and fa�ade may consist of other decorative materials approved by the Planning Commission. Building colors shall consist of earth tone or neutral colors, accent features may haye brighter colors. The applicant shall submit a sample material and color board to the Development Services Department, Planning Division prior to plan check. 18. Canopies over windows and doorways may be permitted pursuant to plans approved by the Planning Commission. 19. The front yard setback area shall be a minimum of ten feet (10') except for vehicle access areas. Such front setback area shall consist of landscaping and permanent irrigation consistent with approved plans. 20. A minimum of eighteen (18) commercial parking stalls shall be maintained at all times. Such parking stalls be delineated and measure a minimum of 9' X 20'. 21. After issuance of the Certificate of Occupancy, no outside storage or display of any kind shall be permitted. 22. All roof mounted equipment shall be screened from view of adjacent streets and properties. Screening materials shall be compatible with the deisgn and materials of the building and installed in a manner approved by the Development Services Department, Planning Division. a ' 23. All utilities shall be underground. 24. Commercial tenant spaces shall be separated by floor to ceiling wall partitions. No multiple tenant retail spaces are permitted. Only one (1) tenant may occupy each tenant space. 25. Common open space amenities may be permitted and are encouraged to incluce benches, tables, terraces, landscaping and other common areas as may be approved by the Planning Commission. 26. Alcohol serving establishments may be permitted for bona fide restaurants and/or brand name stores pursuant to standards set forth in the Lynwood Municipal Code Section 25-16.20. 27. The project shall comply with standards and conditions set forth by the Los Angeles County Fire Department to include but not be limited to sprinklers, knox box, insulation, occupancy and separation between floors. The applicant shall receive approval prior to the issuance of building permits from the Los Angeles County Fire Department, Fire Prevention Engineering Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027 (323) 890-4125. REDEVELOPMENT AGENCY 28. The mixed use project shall be in substantial compliance with plans, materials and colors conceptually approved by the Lynwood Redevelopment Agency. BUILDING AND SAFETY DIVISION 29. All construction shail 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; The American Public Works Association — 2001 edition; All as amended by the California Building Code of 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. H:\W00.DFILE�PLANNINGUtESOSUcwJ014a.doc — J DEPARTMENT OF ENVIRONMENTAL SERVICES/ENGINEERING 30. Submission and recordation of a Parcel Map is required. Building certificates of occupancy will not be issued prior to the recordation of a subdivision map. 31. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading pfan will be checked by the Department of Environmental Services . No building permits will be issued prior to the approval of grading plan by City Engineer. 32. Reconstruct damaged sidewalk along Atlantic Avenue. 33. . Construct new drive approach(es) per APWA standards. 34. Grind and overlay two inch (2") minimum damaged pavement along east half of Atlantic Avenue fronting the development. 35. Connect to public sewer. Each building shall be connected separately. Construct late�als as necessary. When connecting to an existing lateral, contractor shall veYify the size of such lateral and provide proof of its integrity. Minimum size required is six inches (6"). 36. Root prune all existing street trees and install root barriers at Atla�tic Avenue. 37. Underground all utilities. 38. A permit from the Engineering Division is required for all off-site improvements. 39. Afl required water meters, meter service changes andior fire protection lines shall be installed by the developer. The work shall be performed by a licensed contractor hired by the Developer. The contractor must obtain a permit from the Public Works/Engineering Division prior to performing any work ' 40. This development is subject to requirements of the City's Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance. Mitigation plans shalF be reviewed and approved by the Public Works Department. � 41. The alley abutting the site east property line is located in the City of South Gate. Developer is to contact City of South Gate for approval of alley access and other . requirements. � 6 ` LOS ANGELES COUNTY FIRE DEPARTMENT 42. The developer and/or applicant shall contact and submit plans to the Los Angeles County Fire Department for review and approval prior to the issuance of � building permits. Contact and submit to: Los Angeles County Fire Department, Fire Prevention, Land Use Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4243. Section 3. A copy of Resolution No. 3014 and its conditions shall be delivered to the applicant. Section 4. Any violation of said conditions in this resolution may result in revocation or modification of the Conditional Use Permit by the issuing body at a regu9arlyscheduled meeting. APPROVED this 13 day of July, 2004 by members of the Planning Commission, voting as follows: AYES: NOES : ABSENT: ABSTAIN : Donald Dove, Chairperson Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Director of Jennifer Mizrahi, Deputy City Attorney ' Development Services Planning Commission Counsei �� � HiWORDFILENLANMNGUtE5054eso3 — � � City of Lynwood ` Development Services Department Planning Division � 11330 Bullis Road . Lynwood, CA 90262 (310) 603-0220, X2S9 NEGATIVE DECLARATION County Clerk . County of Los Angeles 500 West'I'emple � Los Angeles, CA 90012 � � RE: Negative Declaration for Conditional Use Permit No. 2004-18, to construct a mixed use commercial and residential proiect two-stories in hei�ht, to include 4,681 square feet ' of commercial stores and covered residential parkinQ on the first floor; and 8,758 sauare feet of residential on the second floor consisting of seven (7) apartments and amenities. �hteen (18) open commercial parking stalls and fifteen (15) covered residential parking stalls would be pravided. The property totals 18,371 square feet in area. To Whom It May Concern: Application has been filed by the City of Lynwood for approval of the project known as Conditional Use Permit No. 2004-18 a proposal to construct a mixed use commercial and , xesidential development in Yhe G3 (Heaw Commercial) zone subiect to develonment standards conditions and mitiQation measures, to be implemented by the Ci of L wood Develo ment Services De artment Plannin Division. The project is briefly described as: Conditional Use Permit No 2004-18 to nermit a mixed use commercial and residential pr�ects on lot totaling 18 371 square feet in area and nroviding building area consistine of two-stories and 13 439 square feet The mixed use proiect would include design review and develonment standazds to include but not be limited to nermitted uses, densitv narking setbacks IandscapinQ and desiQn. ENVIRONMENTAL ASSESSMENT: An Initial Study was performed and potential - significant impacts were identified pertaining to Population and Housing, Transportation/Circulation, Water, Air Quality, Noise, Aesthetics, Public Services, and • Utilities and Service systems. Development standards have been included in Conditional � use Permit No. 2004-18 pertaining to land uses, density, setbacks, parking, building height, design, eta Mitigation measures and mandatory conditions have been included in ' . the Planning Commission Resolution 3014, and such mitigation measures if implemented and monitored, would reduce potential impacts to a level of insignificance. � - h:\wordfie\plmv�in6�forms\neyd«.doc � . Revised OL24-98 . , ' In accordance with the authority and criteria contained in the California Environmental Quality Act State Guidelines, and the City of Lynwood Guidelines for the implementation of the California Environmental Quality Act, the Department of Development Services, Planning Division of the City of Lynwood analyzed the project and determined that the ; project will not have a significant impact on the environment. Based on this finding, the Department prepared and hereby filed this NEGATIVE DECLARATION. A period of twenty-one (21) working days from the date of filing of this NEGATIVE DECLARATION was provided to enable public review of the project specifications and this document prior to action on the project by the City of Lynwood. A copy of the project specifications is on file in the offices of the Development Services Department, "' Planning Division, City Hall Annex, 11330 Bullis Road, Lynwood, Califomia, 90262 (310) 603-0220, Extension 289. , It is the finding of the City of Lynwood that Ykie project could have significant effects on the environment, however, there will not be significant effects in this project because the mitigation measures identified in the Initial Study have been included in Conditional Use Permit No. 2004-18. The above finding is based on the following: A. The property is adequate in size and shape to accommodate the mixed use project. B, . The proposed project, as conditioned, will reduce potential impacts to a level of insignificance. Conditions of approval will be made a part of the Conditional Use Permit approval and will be implemented and monitored. • , C. The proposed project will not have a negative impact on the value of the surrounding properties or interfere with or endanger the health, safety or welfare orpersons residing or working in the vicinity.' D. The granting of the mixed use project will not adversely affect the comprehensive General Plan. The Land Use Element encourages mixed use projects. E. The location of and conditions under which the mixed use project would be . developed are in accord with the requirements of this Zoning Ordinance. The purpose of the ordinance is to remove old, blighted and underutilized buildings ° and to provide dynamic commercial and residential uses. '- F. The location of the mixed use project and the conditions under which it would be developed and maintained will not be detrimental to the public health, safety, or welfare, ar materially injurious to properties or improvements in the vicinity. G. The mixed use project will comply with each of the applicable provisions of the Zoning Ordinance, no variances are necessary. Prepared and filed by the epartment of Development Services, Planning Division BY: Grant Taylor, Directo evelopment Services DATE: �u��,. Z'z Z �8� h9wardfle\plannningVbrms\negdec.doc � � � Revised 09-P-98 INITIAL STUDY Environmental Checklist 1) Project Title: CONDITIONAL USE PERMIT NO. 2004-18 2) Lead Agency Name and Address: City of Lynwood Development Services Department Planning Division 11330 Bullis Road Lynwood, CA 90262 3) Contact Person, Title and Phone Number: Grant Taylo�, Director of Development Services (310) 603-0220, E�. 3Z6 4) Project Location: ' 10820 Atlantic Avenue Lynwood, CA 90262 5) Project Sponsor's Name and Address: Wiseman Dawoody • ��� Beverly Hills, CA 90262 6) General Plan Designation: Commercial 7) Zoning: C-3 (Heavy Commercial) 8) Description of Project: (Describe the whole action invoived, inciuding but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary). Construct a mixed use commercial and residential project, two-stories in height, to include 4,681 square � feet of commercial stores and covered residential parking on the first floor; and 8,758 square feet of residential on the second floor consisting of seven (7) apartments and amenities. Eighteen (18) open commercial parking stalls and fifteen (15) covered residential parking stalls would be provided. The property totals 18,371 square feetin area. ' . 9) Surrounding Land Uses and Setting: (Briefly describe the projed's surroundings). North: C-3 (Heavy Commercial) zone with residence and auto repair. South: C-3 (Heavy Commercial) zone with restaurant and retail land uses. West: City of South Gate residential properties. East: Atlantic Avenue then C-3 (Heavy Commercial) with a shopping center. 10) Other agencies whose approval is required: (e.g., permits, financing approval or participation agreement). City of South Gate approves use of alley for access to residential parking. Environmental Factors Potentially Affected: The environmental factors checked below woutd be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. _Land Use and Planning X Transportation/Circulation X Public Services X Population and Housing _Biological Resources X Utilities & Service Systems _Geological Problems _Energy & Mineral Resource X Aesthetics X Water _Hazards _Cultural Resources X Air Quality X Noise Recreation _Mandatory Findings of Significance Determination: ' (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECUIRATION wiil be prepared. _ I find that although the proposed project could ha4e a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. XX ' I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. — I find that the proposed project MAY have a significant effect on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and Z) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a"potentially significant impact" or "potentially - significant uniess mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. . I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. _ - � T..n.Z 7 Z�-� c� 0 7 . I Signature Date GRANT TAYLOR, Director of Development Services CITY OF IYNWOOD Printed Name/Title For Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parenthesis following each question. A"No Impact" answer if adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A"No Impact" answer should be explained where it is based on project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as weli as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3)' "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. ' 4) "Potentially Significant Unless Mitigated Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a"Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, °Earlier Analyses," may be cross- referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). • Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potentialimpacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is , substantiated. A source list should be attached and other sources used or individuals contacted should be cited in the discussion. Potentially � � Significant � . Potentially Unless Less Than � Significant Mitigation Significant No �� � Impact Incorporated Impact Impact Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: � �� I. LAND USE AND PLANNING. Would the proposal: � � a) Conflict with general plan designation or _ p� " . zoning? (Source(s): ) — � DISCUSSION: The General Plan encourages mixed use development in the land use element. Residences were previously . not permitted in any commercial zones, however, a teut amendment now permitr mixed use developments subject to a � conditional use permit and development standards. The mixed use development would remove an old, obsolete, blighted and underutilized commercial development with s dynamic commercial and residential center. Appropriate development .�� standards and conditions would be implemented for the project. - .b) ConFlict with applicable environmental plans _ _ p� . � or polities adopted by agencies with jurisdiction . _ . over the project? ( ) � c) Be incompatible with existing land use in _ p� the vicinity? ( ) . ! _. . DISCUSSION: Permitted land uses would be light commercial on the ground Floor with higher density residential of 5even .. (7) apartmentr on the second floor. Development standards would be implemented to assure adequate parking, setbacks, and design to protect the health, safery and welfare of the general public. d) Affect agricultural resources or operations _ _ _ 7�7� .� � (e.g., impacts to soils or farmlands, or impacts . - from incompatible landuses)? ( ) . � e) Disrupt or divide the physical arrangement of _ _ XX _ an established community (including a low . income or minority community)? ( ) - DISCUSSION: The mixed use development would have appropriate standards and design to ensure compatibility with surrounding properties, be a benefit to the City, and replace an obsolete land use. Potentially � � Signi£cant � . Potentially Unless Less Than Significant Mitigation Significant No _ Impact Incorporated� Impact Impact � II. POPULATION AND HOUSING. Would the proposaL � a) CumulaGvely exceed official regional�or local _ � population projections? ( ) . — — — DISCUSSION: The Southern California Association of Governments (SCAG) has set forth Lynwood's fair share of regio�al housing (RHNA) as 967 units in a seven year ptanning period. The City �of Lynwood has a housing shortage the mixed . use commercial/residential projed would provide needed housing opportunities. � b) Induce substantial growth in an area either 7p� � directly or indirectly (e.g., through projects in — — an undeveloped area or extension of major infrastructure)? ( ) � . DISCUSSION: The City of Lynwood consists of approximately fve (5) square miles, has nearly 72,000 residentr and . nearly 15,000 housing uniks. Allowing higher density residences in commercial zones would in�rease [he housing stock while still providing sales tax. The project will include development standards to include density, land uses, parking, � setbacks, design, etc. to provide an aesthetically attractive project and protect the public health, safety and welfare. , c) Displace existing housing, especialiy affordable _ � , _ � housing? ( ) — — — � III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) _ _ � _ � - � b) Seismic ground shaking? ( ) — _ XX . Discussion: . � DISCUSSION: There are no adive fault zones in the City of Lynwood. However, earthquakes or large magnitude tould create seismic ground shaking. The mixed use project would require plan check by the City's engineering mnsultant to ensure compliance with the California Building Code and ensure seismic safety. � c) Seismic ground failure? ( ) _ _ _ XX � . .d) Seiche, trunami, or volcanic hazard? ( ) _ _ _ � e) Landslides or mudFlows? ( ) _ _ _ � � Erosion, changes in topography or unstable soil _ p� � conditions from excavation, grading, or fill? ( ) — — � � DISCUSSION: Construction of the mixed use project would require grading and drainage and therefore may affect ��� , erosion. Grading and drainage plans would be checked by the Department of Environmental Services prior to issuance of �� . building permits. g) Subsidence of the land? ( ) _ _ _ � ' - h) Expansive soils? ( ) _ _ � . _ . DISCUSSION: Parts of the City may mntain expansive soils. The applicant will be required to submi[ a soils report along . with the plan check submittal for the City plan check engineer to review. � i) � Unique geologic or physical features? ( ) _ _ � _ , DISCUSSION: The Ciry has liquefaction areas. The mixed use project would require a soils report along �with the plan - • check submittal. The City Plan Check Engineer would ensure compliance with the Califomia Building Code. Potentially . . Signi£cant . Potentially Unless Less Than Significant Mitigation Signi£cant No Impact Incorporeted Impact Impact IV. WATER. Would the proposal result in; � a) � Changes in absorption rates, drainage pattems, _ � � � or the rate and amount of surtace runoff? ( ) — — , � DISCUSSION: The mixed use projects may involve a large amount of excavating and fill that could signifcantly affect drainage patterns and runoff. The project would require submittal of grading and drainage plans to be pian checked by � . the Department of Environmental Services to ensure proper drainage and code compliance. � . -6) Exposure of people or property to water _ , � � � related hazards such as Flooding? ( ) � — — . . DISCUSSION: The mixed use project would be closety reviewed for code compliance for grading and drainage as well as � adequate infrastructure. � . c) Discharge into surtace waters or other alteration _ � . of surtace water quality (e.g., temperature, — dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surtace water in _ _ � any water body? ( ) . — — � e) Changes in arrents, or the murse or diredion _ � � of water movements? ( ) � — � � Change in the quantity of ground waters, either _ � � . . through direct additions or withdrawals, or — �— . through interception of an aquifer by cuts�or . ' ezcavations, or through substantial loss of groundwater recharge capability? ( ) � g) Altered direction or rate of Flow of groundwater? _ _ � , � h) Impactr to groundwater quality? ( ) _ _ ra � i) Su6stantial reduction in the amount of _ p� groundwater othenvise available for — public water supplies? ( ) . V. AIR QUALITY. Would the proposal: �. a) Vioiate any air quality standard or contribute to _ 7� � an existing or projected air quality violation? ( ) � — DISCUSSIONi The ambient air quality may be.impaded, espetially in the short term during construction activities. Days � and hours of construction would be limited and regulated. The construction site would be watered daily to reduce fugitive dust emissions. The Air Quality Management Distric[ would be consulted for compliance with Regional Air Quali[y . Plans. �� b) Expose sensitive recepto�s to pollutants? O _ 7�7� � DISCUSSION: Development of the mixed use projed may subject nearby properties to pollutantr in the short-term during � . construction. Days and hours of construdion would be limited and the construction site monitored. c) Alter air movement, moisture, or temperature, _ p� � or cause any change in dimate? ( ) Potentially . � Significant Potentially Unless Less Than � Signi£cant Mitigation Signi£cant . No . . Impact � Incorporated Impact Impact . � d) Create objectionable odors? ( ) _ _ XX DISCUSSION: Construction activities may cause odors in the short term. Days and hours of construction would be limited � and the project site monitored to reduce potential impacts to a level of insignifcance. VI. TRANSPORTATION/CIRCULATION.� - � Would�the proposal result in: � � a) Increased vehicle trips or traff�c congestion? O _ XX _ _ . DISCU55ION: The mixed use commercial and residential project may increase traffic on Atlantic Avenue. The Zoning � Ordinance includes development standards to require two (2) parking stalls per residence and one (1) stalb per 250 � square feet of building area for commercial uses. Parking and vehicle access/circulation would ensure adequate on-site ...� traffc circulation and minimal impact the adjacent street and alley. , b) Hazards to safety from design features (e.g., _ _ XX _ . sharp curves or dangerous intersectlon) or � incompatible uses (e.g., farm equipment)? ( ) ' DISCUSSION: Parking areas for the residences would be located at the rear of property and screened from view. , ' Commercial parking areas would be located at the front of project and easily accessible to the public. � � c) Inadequate emergenty access or access i XX ._ �� .. . to nearby uses? ( ) � DISCUSSION: Adequate access will be provided for emergency vehides. The mixed use projed plans have been reviewed by both the Los Angeles County Fire and Sheriff Departments. Codes and comments would be included as mitigation measures. � d) Insufficient parking capaciry on-site or off-site? _ XX _ _ , '. DISCUSSION: Insufficient parking currently exists �in many parts of the City. Adequate parking is necessary for both the � - residences and commercial uses. The City requires two (2) stalls for each residence and a minimum of one (1) stall per � 250 square feet of building for commercial uses. The mixed use project satisfes parking requirement5 by providing - � eighteen (18) commercial parking stalls and ffteen (15) residential parking stalls. e) Hazards or barriers for pedestrians or bicyclists? _ _ XX _ DISCUSSION: The mixed use project has been designed to be pedestrian friendly and vehicle parking access is easy and visible so as to reduce risks to pedestrians and bicyclists. . � ConFllctr with adopted policies supporting _ _ � _ XX - - alternative transportation (e.g., bus turnouts, � bicycle racks)? ( ) . . � g) Rail, waterbome or air traffc impacts? ( ) � XX BIOLOGICAL RESOURCES. � � �� Would the proposal result in impactr to: a) Endangered, threatened, or rare species or their . XX . habitatr (including but not limited to plants, fsh, - ' . insectr, animals, and birds)? ( ) � � b) Localty designated species (e.g., heritage trees)? _ _ _ ?a � c) Locally designated natural mmmunities _ _ �. _ � (e.g., oak forest, coastal habitat, etcJ? ( ) . Potentialty ' � , " Significant . .. . Potentialiy Unless Less Than � � Signi£cant Mitigation Signifiwnt . No � Impact Incorporated Impact Impact �, d) Wetland habitat (e.g., marsh, riparian, and _ _ _ p� vernal pool)? ( ) � � e) Wildlife dispersal or migration corridors? () _ _ p� VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) ConFlitt with adopted energy conservation pians? _ p� � b) Use non-renewable resources in a wasteful and _ _ _ p� inefficient manner? ( ) . c) Result in the loss of availability of a known _ � mineral�esource that would be of future value . ,� to the region and the residents of the State? ( ) . IX. HAZARDS. Would the proposal involve: � a) A risk of accidental explosion or release of _ _ _ X,y . � � hazardous substances (including, but not limited . � to: oil, pesticides, chemicals, or radiation? O '� b) Possible interference with an emergency response _ _ XX _ � Plan or emergency evacuation plan? ( ) DISCUSSION: Adequate vehicle access aisles would be provided. Fire lanes would be painted red and no parking permitted in aisles to ensure clear an unobstructed access for emergency vehicles. c) The creation of any�health hazard or _ _ XX _ potential health hazard? ( ) � DISCUSSION: Development standards would be implemented to protect the public health, safety and welfare to include � permitted uses, densiry, parking, setbacks, landscaping, etc. Compliance with the California Building Code would �be � � mandatory. � � d) Exposure of people to existing sources _ _ _ p( of potential health hazards? ( ) - . e) , Increased fire hazard in areas with flammable _ _ . XX brush, grass, or trees? ( ) - . X. NOISE. Would the proposal result in: - a) Increases in existing noise levels? ( ) _ XX �_ _.. DISCUSSION: The mixed use project may signifcantly increase ambient noise levels in the immediate vicinity. Adequate � setbacks, landscaping and building separations interior insulation, and other applicable development standards would be required. � b) Exposure of people to severe naise levels? ( ) _ _ XX _ . DISCUSSION: The mixed use project may increase ambient noise levels. Development standards would be included in the project to include setbacks, landscaping, interior insulation and other mitigation measures to keep dBA levels in compliance with Lynwood Municipal Code Section 3-13. . � . Potentially � � Significant � � Potentially Uniess Less Than � Signi£cant Mitigation SignifCant No � Impact Inwrporated Impact Impact XI. PUBLIC SERVICES. Would the proposal fiave an � � effect upon, or result in a need for new or altered government services in any of the foilowing areas: � a) Fire protection? ( ) _ XX _ . . DISCUSSION: The mixed use projed may require additional fire services. Compliance with the Califomia Building Code and adequate vehicle access would be mandatory. The los Angeles County Fire Department has reviewed the project � and fire plan check will be mandatory prior to the issuance of building permits. b) Police protection? ( ) _ _ XX _ � � DISCUSSION: The mixed use project may require additional police services. The City of Lynwood contracts with. the Los Angeles County Sheriff Department to serve the public. Neighborhood Block Watch is encouraged citywide: The City of . � Lynwood provides adequate Sheriff protection to serve the mixed use projett. ` c) Schools? ( ) _ _XX_ _ _ � DISCUSSION: Residences in the mixed use project may increase the number of children in the Lynwood Unified School � DistriR (LUSD). 7he LUSD currently has 19,000 studentr and expects 25,000 by the year 2010. The State of California , has deemed Lynwood a hardship school district and is providing 100% funding of their Facilities Master Plan to mnshuct , new schools aad expand or upgrade existin9 schools. Adequate school facilities will be provided. d) Maintenance of public facilities, including rwds? _ _XX_ _ _ � � DISNSSION: The mixed use project may increase wear and tear on roads, sidewalks and other public facilities. The � City's Department of Environmental Services has annual infrastructure repair and capital improvement projects. In addition, developers would be required to make off-site improvement5 to off-site wear and tear. � � � e) Other govemmental services? ( ) _ XX � _ _ � DISCUSSION: The mixed use project may increase the need for other governmental services to include water, sewer, and , utilities. The Department �of Environmental Services is responsible to maintain and upgrade water and sewer systems. The utility companies have adequate facilities to provide, telephone, gas, electric and cable services. - XII. UTILITIES AND SERVICE SYSTEMS. Would the . proposal result in a need for new systems or supplies, � . or substantial alterations to the following utilizes: ' � a) Power or natural gas? ( ) _ _ 70C _ ,. . DISCUSSION: The mixed� use projed would increase the demand Por power.and natural gas, however, the gaswmpany has the capacity to provide additional services. � b) Communications systems? ( ) _ _ XX � _ DISCUSSION: The mixed use project would increase the demand for telephone and cable services, however, Pacifc Bell � . and cable providers have the capacity to provide additional services. c) Local�or regional wa[er treatment or _ XX _ _ distribution facilities? ( ) � DISCUSSION: The mixed use project would increase volumes at wastewater treatment plantr. Los Angeles County , facilities would be able to accommodate the additional demand. � d)� Storm water dreinage? ( ) _ _ XX _ � � DISCUSSION: The mixed use project may impact storm water drainage, however, facilities are maintained by Los Angeles County and are adequate in capacity to accommodate additional development . Potentially ' � Significant � Potentially Unless tessThan Signi£cant Mitigation Significant No . � Impact Incorporated Impact Impact e) Solid waste disposal? ( ) _ XX _ � _ � DISCUSSION: The mixed use projects would increase the volume of solid waste. The City's solid waste contrac[or has the capaciry to accommodate the additional waste. In addition, the waste contractor is responsible for complian�e with Assembly Bill AB 939 (reduce solid waste by 25% 1995 and 50% 2000). The City is implementing recycling programs to reduce the impad on landflis and will continue to implement and monitor such programs. ' � , Local or regional water Supplies? ( ) _ � _ XX _ � DISCUSSION: The mixed use projed may increase water supply demands. City water supplies have the capacity to accommodate increased demand. . . XIII. AESTHETICS. Would the proposal: a) , Affect a scenic vista or scenic highway? ( ) _ _ XX � � b) � Have a demonstrable negative aesthetic effect? _ XX _ _' . � DISCUSSION: The mixed use project may aes[hetically impact the character of commercial corridors. The City would utilize the Conditional Use Permit process and implement conditions of approval that require the mixed use project to - consist of superior architectural design� with varying building lines, stucco siding, Spa�ish tile roofs. In addition, the • project would be reviewed as to be architecturally compatible with surrounding uses and utilize earth tone and neutral colors. � c) Create light or glare? ( ) _ XX _ . DISCUSSION: The mixed use project would consist of two-stones and may increase light and/or glare on neighboring properties. Development standards would be implemented in the Zoning Ordinance Amendment to mitigate such impacts to �include setbacks, building separation, lot mverage, and euterior lighting plans that direct light inward and away from � . adjacent properties. ' XIV. CULTURAL RESOURCES. Would the proposal: . a) Disturb paleontology resources? ( ) _ _ _ XX b) Disturb archaeological resources? ( ) _ � _ _ XX � c) Affect historical resources? ( ) _ _ XX �� d) Have the potential to cause a physical change _ _ _ XX ' that would affect unique ethnic cWtural values? � . . d) Restrid existing religious or sacred uses within _ XX � . the�potentialimpact area?( ) � � XV. �RECREA7ION. Would the proposal: � a) Increase the demand for neighborhood or _ _ XX ._ regional parks or other recreational facilities? O . DISCUSSION: The mixed use projec[ would include resitlentlal uses and may increase the demand for parks and other recreational services. The City is planning development of three (3) parks to include 23 acres on Esther Street, a ten � (10) acre replacement park for Ham Park on Atlantic Avenue, a strip park along Femwood Avenue and rivo (2) traffic ' circle parks consisting of Yz acre each. b) Affect existing recreational opportunities? () _ _ XX . � DISCUSSION: The mixed use project may increase the demand on existing parks and current recreation dasses and �� programs. The City is diligently pursuing development of new parks to provide additional recreational opportunities in all � � areas of the City. � � � . Potentially Significant � Potentialty Unless Less Than � Significant Mitigation Significant No ` Impact Incorporated Impact Impact . . � XVI. MANDATORY FINDINGS OF SIGNIFICANCE. , , a) Does the project have the potential to degrade _ _ p( � � the quality of the environment, substantially � reduce the habitat of a fish or wildlife species, � cause a fish or wildlife population to drop below ' � self-sustaining levels, threaten to eliminate a plant . or animal tommunity, reduce the number or restrict � the range of a rare or endangered plant or animal, or eliminate important examples of the major � periods of California history or prehistory? b) Does the project have the potential to achieve XX _ short-term, to the disadvantage of long-term, - environmental goals? . � DISCUSSION: The State of California has determined there is a housing shortage crisis that must be remedied. The mixed use project will remove an obsolete and blighted tommercial property and provide a dynamic commercial/residential project that will offer much needed housing opportunities. �. c) Does the project have impacts that are _ XX _ individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the - incremental effects�of a project are considerable � when viewed im m�nection with the effects of past projects, the effects of other current projects, � and the effectr of probable future projeds.) � � DISCUSSION: The mixed use project will provide needed housing and still implement development standards to protect , the public health, safery and general welfare. In addition, sales tax revenue would be generated due to the commercial uses. d) Does the project have environmental effects _ _ XX _ � which will cause substantial adverse affects � � on human beings, either directly or indirectly? DISCUSSION: The City of Lynwood� has carefulty reviewed the mixed use project and considered possible impacts and �reviewed development standards and mitigation measures to protect neighboring properties. XVII. EARLIER ANALYSIS. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequatety addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such' effects were addressed by mitigation measures based on the ' earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporeted or refined from the earlier document and the extent to which they address site-specific conditions for the project. Authority: Public Resources Code Sections 21083 and 21087. Reference: Public Resources Code Sections 21080(c), 21080.1, 21080.3, 21082.1, 21083, 21083,3, 21093, 21094, 21151; Sundstrom v. County of Mendocino, 202 Cal.App3d 296 (1988); Leonoff v. Monterey Board of Supervisors, 222 Cal.App3d 1337 (1990). AGEIe'DA ITEM . ro � C.�9�o0 1. Moa DATE: July 13, 2004 ' TO: Honorable Chairman and Members of the Planning Commission FROM: Grant Taylor, Director, Development Services Department gy; Art Bafield, Planning Associate SUBJECT: Conditional Use Permit No. 2004-19 (Modification) 12627 Oak Avenue APPLICANT: Clara Howard PROPOSAL The applicant is requesting approval of a conditional use permit to legalize and operate a homeless shelter, in conjunction with an existing church, for adults, within an existing building, in the R-3 Zone, at 12627 Oak Avenue, � PRO]ECT CHARACTERISTICS The subject properry is located on the west side of Oak Avenue, adjacent to City of Compton property (properly used for parking by the church and shelter). The subject site is, approximately, a'/z acre in size, or 25,284 sq. ft., containing a church, 4,841 sq, ft, in size, and a 884 sq. ft. dweiling. The shelter, 3, 305 sq, ft, in size, is housed on the second floor of the church. The shelter consists of 19 rooms (12 men/7 women), 35 beds (18 men/ 17 women), and two (2) bathing facilities (men - 2 water closets, 2 showers, and 2 lavatories); wome� — 1 water closet, 1 bath, and 1 lavatory. The shelter is staffed by six (6) persons, seven days a weeks, from 9:00 a. m. to 5: 00 ' p, m. The shelter offers sleeping quarters and three (3) meals a day to homeless , clients. H:\WORDFILE�PLANNING\STAFFRPT\cup2004-19homelessshelterdac — 1 ISSUES On ]une 28 and July 7, 2004, staff visited the subject site and use, and found noncompliance and/or code violations in a number of areas. 1 The proposed shelter is not in compliance with Federal Regulations ADA and State Regufations Titie 33 with respect to handicap access. In effect, homeless shelters can only be approved for first floor centers in order to comply with the above regulations. 2. Sixteen (16) Chapters and/or Sections of the California Building Code (CBC) are not adhered to and constitute a hazard to the life, safety, health, and public welfare. 3. A series of health issues and concerns were noted by the Los Angeles County • Health Department. 4. Two (2) citizens complaints were filed with the City of Lynwood on March 15 and March 18, 2004 concerning the operation and act ivies surrounding the shelter. Documents and reports regarding these issues are on file. FINDINGS REQUIRED FOR GRANTING A CONDITIONAL USE PERMIT Pursuant to LMC Section 25-25.7, four findings must be made by the Planning Commission to grant approval of a conditional use permit. Following are the findings in bold and conclusions. a. The granting of the proposed conditional use permit will adversely affect the comprehensive general plan. The General Plan land use designation is Multi-Family Residential that is consistent with the subject properry that has a R-3 (Multiple Family Residential) zoning. However, Policy LU-1.2 of the Land Use Element of the General Plan that calls for nonresidential uses to be compatible with residential uses in a residential district, cannot be carried out by this application for a homeless shelter. H'\WORDFILE\PLAMJING\STAFFRPT\cup2004-19 homeless shelter.doc — 2' 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 islocated. The property is adequate in size, shape and area to accommodate a homeless shelter. LMC Section 25-8.1(a)(8) allows the establishment pursuant to a conditional use permit approvaL c. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will be detrimental to the public health, safety, or welfare, or materialty injurious to properties or improvements in the vicinity. The Site Plan Review Committee hae recommended denial of the application set forth in Resolution 3016. The Committee found that Federal and State Regulations for homeless shelter are not adhered to Los Angeles County Health Department has noted health concerns surrounding the shelter and determined that, under its present operation, the shelter cannot ensure the life, health, safety, and welfare of the general public. d. That the proposed conditional use cannot comply with each of the applicable provisions of this chapter. The proposed project is not consistent with the LMC Section 25-4 that calls '�for group dwellings to be compatible with the neighborhood environment." ENVIRONMENTAL ASSESSMENT The Department of Development Services has determined that the proposed conditional use permit is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15303(c). RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 3016 and deny Conditional Use Permit No. 2004-19 (Modification). Attachments: 1. Project Profile 2. Location Map 3. Resolution 3016 4. Plans . H:\WOADFILE�PLANNING\STAFFRPT\cup2004-19homelessshelrer.doc - 3 . PRO]ECT PROFILE Conditional Use Permit No. 2004-19 (Modification) 12627 Oak Avenue 1. Source and Authoritv Lynwood Municipai Code (LMC) Section 25-4 a. and b. sets forth permitted uses and conditionally permitted uses within the R-3 zone; and LMC Section 25-25.7 sets forth required findings for the Planning Commission to grant approval of a Conditional Use Permit. 2. Proaertv Location and Size 'fhe subject property is located on the west side of Oak Avenue in the R-3 (Multiple Family Residential) zone. The subject site totals approximately 25,284 square feet in size. 3. Existina Land Uses The site is developed with a residential dwelling unit, a church, with the proposed use on the second floor of the church. Surrounding land uses are as follows: Site Developed North Multiple Family Residential/Single Family Residential South City of Compton West Multiple Family Residential/Single Family Residential East Multiple Family Residential/Single Family Residential 4. Land Use Desianation The subject properly has a General Plan Land Use Designation of Multi-Family and the current zoning is R-3 (Multiple Family Residential) that is consistent with the General Plan. The adjoining properties General Plan and zoning designations are as follows: H:\WOADFILE�PLANNING\STAFFAPT\cup2004-191wmelessshelterdac —4 � � i Site General Plan , Zonin North Multi-Family Residential R-3 South Ciry of Compton West Multi-Family Residential R-3 East � Multi-Family Residential R-3 . 5. Site Plan Review - The Site Plan Review Committee has reviewed the application and recommends denial of the proposed homeless shelter set forth in Resolution No. 3016. 6. Code Enforcement Historv The Code Enforcement Division notified the applicant that any second story in a structure i.e. the church, could not be used for a homeless shelter center because second story center can compliant with Federal and State requirements for handicap access. There is no business license for the establishment. 7. Public Response Staff received two (2) written complaints. I i i I ! 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" �`� �� L1 � �n .� .. / I T / e \."/ � r\ RESOLUTION NO. 3016 DENY A RESOLUTION OF THE PLANNWG COMMISSION OF THE CITY OF LYNWOOD DENYING CONDITIONAL USE PERMIT NO. 2004- 19, A REQUEST TO LEGALIZE A HOMELESS SHELTER IN CONJUNCTION WITH AN EXISTING CHURCH, AT 12627 OAK AVENUE, ACCESSOR PARCIAL NUMBER 6176-010-020 & 039, IN THE R-3 (MULTIPLE FqMIL•Y RESIDENTIAL) ZONE, LYNWOOD, CALIFORNIA "' WHEREAS, the Lynwood Planning Commission, pursuant to law, on July 13, 2004 conducted a public hearing on the subject application; and : WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is categorical exempt from the provisions of the CEQA Guidelines pursuant to Section 15301 as amended; Section 1. The Planning Commission hereby finds and determines as follows: A. The subject property is zoned correctly for the proposed land use. Homeless shelters are permitted in the R-3 zone subject to a conditional _ use permit. B. The subject property is consistent with the land use designation in the General Plan. The homeless shelter is located in a Multi-Family Residential area . � C. A component of the proposal is a church. This is not inconsistent with the ; zoning as churches are permitted in the R-3 zone subject to a conditional use permit. D. The applicant has not demonstrated that the proposal would not have a negative impact on neighboring properties. , � H'.AWORIJPLLLAPI.AKNINGANLSOSVmsa�0lfiUCUydoc - 1 - E. The applicant has not demonstrated that there is a need for this facility in Lynwood and the facility would serve the needs of Lynwood residents. F. The applicant has not obtained building permits . The City of Lynwood did not receive a complete floor plan and description of the proposal until applying for a business license. G. The applicants had been previously advised that a twenty-four (24) hour operation and rehabilitation facility would not be supported. H. The applicant did not receive Los Angles County Health Department approval. Section 2. The Planning Corrimission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby denies Conditional Use Permit No. 2004-19 Section 3. A copy of the Resolution No. 3016 shall be delivered to the applicant: � , DENIED this 13 day of July, 2004 by members of the Planning Commission, voting as follows: AYES : NOES: ABSENT: ABSTAIN : Donald Dove, Chairperson City of Lynwood APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Director of Jennifer Mizrahi, Deputy City Attorney Development Services Department Planning Commission Counsel . . e:�woaoFae�ri.nnNwc�arsos�«,comea� - 3 - . � AGENDA ITEM ' ' ����' 'd Z� p-O° y o � DATE: July 13, 2004 va � � � , ��e a�y �. TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services SUBJECT: GENERAL PLAN AMENDMENT NO. 2004-01. ZONE CHANGE NO 2004-02, VARIANCE NO. 2004-03 AND CONDITIONAL USE PERMIT NO. 2004-20 10700 Alameda Street Assessor Parcel Number 6170-002-026 APPLICANT: Hermelio Franco PROPOSAL The applicant is requesting approval to convert a vacant office building into a bona fide restaurant and nightclub (EI Farallon). The building totals 20,223 square feet and would provide the restaurant and nightclub on the first floor; with offices, storage and employee areas on the second floor. The property provides 311 parking stalis and totals 132,264 square feet or 3.01 acres in area. The subject property is located on the southeast corner of Martin Luther King ]r. Boulevard and Alameda Street in the M (Manufacturing) zone. The project requires four (4) discretionary approvals and environmental review as follows: • General Plan Amendment No. 2004-01: Amend the General Plan land use designation from Industrial to Commercial; and • Zone Change No. 2004-02: Change the zoning designation from M (Manufacturing) to C-3 (Heavy Commercial); and • Variance No. 2004-03: Reduce the minimum separation from alcohol serving establishments to residences from five hundred feet (500') to fifry feet (50'); and • Conditional Use Permit No. 2004-20: Allow the operation of a nightclub and , allow the on-site general sales of alcohol (Type 47 license). H:AWOItDPILBWLANNWCASTAFFRPT�cup2WA-20.gpa200J-OI,zc2000.03.vu[200103.elh�allou.doc � � _ . . ' ,. . . Environmental Review: An Initial Study was performed and identified potential significant impacts pertaining to : Land -Use and Planning; Transportation/Circulation; Public Services; Aesthetics; Water; Hazards; Noise and Mandatory Findings of Significance. Mitigation measures and conditions of approval have been incorporated into the project that would reduce potential impacts to a level of insignificance. A Negative Declaration has been prepared. BACKGROUND The Lynwood Unified School District acquired the entire Lynwood Plaza consisting of 12.67 acres in order to construct a new elementary school and a new middle school. The existing businesses were forced to relocate. On March 2, 2004 the 'Lynwood Redevelopment Agency (LRA) directed staff to work with businesses in Lynwood Plaza in their relocation effort. On November 18, 2003 the LRA approved an Exclusive Negotiating Agreement with Mr. Hermilio Franco to relocate his business to the southwest corner of Imperial Highway and Fernwood Avenue. Mr. Franco was not willing to pay the asking price so Cal Trans sold the property. On May 27, 2004 Mr. Franco submitted plans to the Development Services Department for preliminary review at 10700 Alameda Street. On June 1, 2004 the Planning Division provided a written response. On June 16, 2004 the LRA granted conceptual approval of the subject property for relocation of the EI Farallon Restaurant and Nightclub. ANALYSIS The applicant, Hermilio Franco, proposes to convert an existing vacant two-story office building into the new EI Farallon Restaurant and Nightclub. Mr. Franco has entered : escrow and submitted plans for the project. The subject property totals 132,264 square feet in area or 3.01 acres in area. The property is developed with the existing two-story office building that totals 20,223 square feet, a metal storage building, and a large parking lot area. H'AWORDPILE�PLANNINGASTAFFRPTVcup?Wd-20,vpn200-�OI,u300J-0? var?001-0?.elh�ulloadoc � 2 ' The site plan indicates that the office building would be converted to the � restaurant/nightclub, an outdoor dining area provided, the storage building would be demolished, the parking lot repaired, 311 parking stalls delineated, and landscaping installed. Ingress and egress would be provided from two (2) driveways adjacent to Martin Luther King Jr. Boulevard. A ten foot (10') solid block wall would be erected along the south and east property lines to screen and buffer residential uses and ficus trees would be planted to create a landscape canopy above the fence. Additional landscaping would be provided around the perimeter of the property with tree well in the parking lot area. The first floor plan indicates the building would be rehabilitated and converted to a restaurant/nightclub use by removing partition walls and installing a kitchen, stage, dance floor bar, tables/chairs, restrooms, storage, and utility rooms. The stage would ' face away from the doors and the bar would be located away from the entrance doors to buffer noise. The establishrnent would provide approximately 200 tables for dining. The first floor would be the restaurant and nightclub accessible to the pubVic. The second floor wouid be for personnel only and would consist of offices, storage, an employee break area, and utility rooms. The second floor would not be for public use. The applicant had previously considered a mezzanine on the second floor but has amended the floor plan due to engineering concerns and costs. The applicant proposes to upgrade the exterior of the building at a later date once he re-establisFies the business. Elevations/renderings indicate Spanish Mission style architecture with multiple roof heights and varying building lines. Such exterior . renovations would require LRA review and approval prior to submittal for plan check. The project is sensitive as places of public assembly (i.e. nightclubs, dance halls, rental halls, etc.) often are intensive in nature pertaining to traffic, parking, noise and light. The EI Farallon previously located at Lynwood Plaza received public criticism due to impacts on adjacent properties. The proposed location is not the perfect location, but it is a better location than the previous site for the following reasons: • The applicant would be a property owner rather than a tenant. An owner can provide better control and implementation of conditions and mitigation measures. . H_AWORDPILG�PLANNMGASTAFFRPTVcup300J-'O,gpn2001-0I.zc?AHkl-02.va�2001-03-elfaralloadoc -3- . The property on�y has two (Z) driveways, both of which are located adjacent to Martin Luther King Jr. Boulevard. No driveways are present or proposed on Alameda Street or 108 Street. Traffic and parking control would be more manageable with two (2) driveways. • The property is bounded by two (2) arterial streets and industrial areas to the north, west and partly to the south. After 6:�0 p.m. most industrial uses close that would minimize impacts from the project. . The building is in relatively good condition was well engineered and constructed. • The subject property provides a large parking area that would more than satisfy minimum parking requirements. • The project would put vacant properry back into use and provide economic development opportunities. • The project would retain and relocate an existing Lynwood business. • The project would eliminate blight. • The project would generate jobs and provide revenue to the City of Lynwood. The project location also has detriments and potential impacts to include: , o The General Plan Industrial Land Use Designation is inconsistent with places of public assembly. o The M(Manufacturing) Zoning Designation and permitted land uses are inconsistent with Lynwood Municipal Code Chapter 25-1L � a The subject property has residential properties located adjacent to the south and east property lines. � • The establishment proposes to serve alcoholic beverages within 500 feet of . residences. � H:AWORDFII,E�PLANNINGASTAFFRPTVcup2(103-?Q�pa3004-Ol.zc°_W1-02.vaCL00a-03.elfn�uilondoc -4- DISCUSSION — GENERAL PLAN AMENDMENT The Lynwood Municipal Code allows restaurants as a permitted use in all commerciai zones. The LMC allows nightclubs, dance halls, etc. as a conditionally permitted use in all commercial zones subject to development standards. A commercial general plan land use designation is consistent with the proposed use. The subject property current{y has an Industrial General Pfan land use designation. In order to approve a discretionary application, the General Plan and zoning must be consistent. Therefore, the General Plan land use would require amending from Industriaf to CommerciaL LMC Section 25-31 regulates amendments to the general plan and application for a General Plan Amendment may be made pursuant to LMC Section 25-31.2(b). State Law requires that Generai Plan Amendments receive a minimum of one (1) public hearing before the Planning Commission and one (1) public hearing before the City Council. A Generai Plan Amendment is adopted by City Council resolution. DISCUSSION — ZONE CHANGE The subject property currently has a zoning designation of M(Manufacturing). Restaurants and nightclubs are not permitted in manufacturing zones. State Law requires that the general plan and zoning designations be consistent to approve a discretionary application. LMC Section 25-27 regulates zone changes (amendments) and such a zone change may be initiated by a property owner subject to LMC Section 25-27.2. State Law requires that Zone Changes receive a minimum of one (1) public hearing before the Planning Commission, one (1) public hearing before the City Council, and a second hearing by the City Council. A Zone Change is adopted by ordinance that requires first reading and introduction at a public hearing, second reading and adoption at a subsequent meeting, and the ordinance becomes effective thirty (30) days afrer City Council adoption. DISCUSSION — VARIANCE The applicant proposes to serve alcoholic beverages and has applied to the State Department of Alcoholic Beverage Control for an On-Site Generai License for bona fide eating establishments (Type 47). ' H:AWORDPILHWLANNINOASTAFPRPTVcup200130.gpa?W1-OI,zc200�t-02.va�?00103.elfa�allov.doc . ` -5- LMC Section 25-16.20 regulates liquor establishments requires minimum separations from other alcohol serving establishments, residences, churches, parks, and health care facilities. LMC Section 25-16.20(d) requires alcohol establishments to be a minimum of 500 feet from consideration points, however, bona fides restaurants shall me a minimum of 150 feet from such consideration points. Following are the findings in bold and staff determinations. A. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter. All commercial corridors and the majority of industrial corridors are within 500 feet of residential zones. Only the area by Alameda and Industry Way complies with current code requirements. B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone. The LMC requires that nightclubs shall have a minimum lot area of one (1) acre or 43,560 square feet. There are few properties in the City of Lynwood that can satisfy that requirement. The subject property totals 3.01 acres in area. C. Yhat strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. The City of Lynwood currently has seventy (70) alcohol serving establishments and every such business is within 500 feet of residences. All existing establishments are considered legal nonconforming or have a variance. D. That the granting of the variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone. Because other alcohol serving establishments are located within 500 feet of residences, approving this variance would not be a grant of special priviledge. � H:AWORDPILBAYLANNINCISTAYFRPTVwp200-1-2Qgpu2001-OI.zc3W1-03,vac2W1-Oi,zlfarallon.doc - 6 - . E. That the grahting of the variance will not be detrimental to the public, health, safety, or general welfare, or materially injurious to properties or improvements in the vicinity. Staff performed an Initial Study in compliance with the California Environmental Quality Act (CEQA) and determined the project may have potentially significant impacts. Conditions of approval and mitigation measures have been included in the project to reduce potential impacts to a level of insignificance. F. That the granting of the variance will not adversely affect the orderly . development of the City. Establishing and operating a restaurant and nightclub at the subject property would not affect orderly development. The property was previously an office building that is not permitted in manufacturing zones and was therefore legal nonconforming. Approval of the general plan amendment and zone change would make the property conforming. DISCUSSION — CONDITIONAL USE PERMIT LMC Section 25-26.27 requires nightclubs obtain approval of a Conditional Use Permit. In addition, LMC Section 25-16.20 requires liquor establishments to obtain approval of a Conditional Use Permit. Conditions of approval are set forth in Resolution 2973. 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 determinations. A. The granting of the proposed conditional use permit will not adversely affect the comprehensive General Plan. ' The General Plan Designation is Industrial that is inconsistent with commercial establishments. Amending the General Plan from Industrial to Commercial would make the project consistent and would satisfy goals and policies set forth in the General Plan Land Use and Economic Development 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. H:AWORDPILBAPLANNINGASTAPFRPT�cup20042Qgp�W+01.z@OOi-03,vu1300.l-03.e1lanlloadoc - 7 The Zoning designation is M(Manufacturing) that is inconsistent with commercial establishments. Changing the zoning from M(Manufacturing) to C-3 (Heavy Commercial) would make the project consistent with the General Plan and Consistent with C-3 land uses. The project would satisfy all development standards for piaces of public assembly set forth in LMC Section 25-26.27. C. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The project may have potentially significant impacts. However, conditions of approval and mitigation measures would reduce potential significant impacts to a level of insignificance. D. That the proposed conditional use will comply with each of the applicable provisions of this chapter, except for approved variances. The project would comply with all development standards except separation of alcohol establishments from residences. Findings set forth in Lynwood Municipal Code Section 25-26J can be made to approve the variance. ENVIRONMENTAL REVIEW The Development Services Department performed an Initial Study and has determined that the project may have potentially significant impacts pertaining to Land Use and - Planning; Transportation/Circulation; Public Services; Aesthetics; Water; Hazards; Noise; and Mandatory Findings of Significance. Mitigation measures and conditions of approval have been incorporated into the project that would reduce potential impacts to a level of insignificance. A Negative Declaration was prepared. RECOMMENDATION ' � Staff recommends that the Planning Commission approve the following actions: • Certify the Mitigated Negative Declaration/Initial Study , . Adopt Resolution 3017 approving General Plan Amendment No. 2004-01 , . Adopt Resolution 3018 approving Zone Change No. 2004-02; . Adopt Resolution 3019 approving Variance No. 2004-03; . Adopt Resolution 3020 approving Conditional Use Permit No. 2004-20. ' � ' H:AWORDFiL6lPLANNINGASTAFFRPTkup200k24gpa2004-0I,zc200J-0=vac2001-03.elfnrallo��doc _ $ _ Attachments: 1. Project Profile 2. Location Map 3. Resolution 3017 — General Plan Amendment 2004-01 4. Resolution 3018 — Zone Change No. 2004-02 5. Resolution 3019 — Variance No. 2004-03 6. Resolution 3020 — Conditional Use Permit No. 2004-20 7. Initial Study/Negative Declaration/Notice of Determination 8. Plans (Site, Floor, Elevations) H:\W ORDFILE\PI.ANNING�STAFFRPI\cup?OPi-?O.gpa200.1-OLZC?WJ-02.var?001-03.tlfar,nllon.doc - 9 - PROJECT PROFILE GPA 2004-01, 2C 2004-02, VAR 2004-03 AND CUP 2004-20 10700 Alameda Street 1. Source and Authoritv Lynwood Municipal Code (LMC) Section 25-10.1 identifies permitted uses in the C-3 (Heavy Commercial) zone; LMC Section 25-16.27 regulates nightclubs and places of public assembly; LMC Section 25-27 regulates zone changes; LMC Section 25-31 regulates amendments to the General Plan; LMC Section 25-�5.7 sets forth findings approval of a Conditional Use Permit; and LMC Section 25- , 26J sets forth findings to grant a variance. 2. Propertv Location and Size The subject properly is located at 10700 Alameda Street, on the soukheast corner of Martin Luther King Jr. Boulevard and Alameda Street. The parceis are rectangular in shape, and total 132,264 square feet or 3.01 acres in area. The property is developed with a vacant two-story building totaling 20,223 square feet that would be converted to a restaurant a nightclub, a metal storage buiiding would be demolished, and 311 parking stalls provided. 3: Existin�Land Uses Site Developed North: Martin Luther King Jr. Boulevard then Manufacturing South: Manufacturing and Single-Family Residential West: Alameda Street then Manufacturing East: Manufacturing and Singie-Family Residential 4. Land Use Designation The subject property has a General Plan Designation of Industrial and the current zoning is M(Manufacturing). The adjoining properties are as follows: Site General Plan Zonina North: Industriai M (Manufacturing) South: Industrial & Single-Family M and R-1 (Single-Family Res.) West: Industrial M (Manufacturing) East: Industrial & Single-Family M& R-1 H:AWORI7PILEAPLANNINGASTAFYRPIlcop300�420,gpa2001-0I,u3W10?,va2200d-03.elRanllon.doc - 1� - 5. Site Plan Review The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions set forth in Resolution 3020. 6. Code Enforcement Historv No history of code violations. 7. Public Response Planning staff has received a number of citizen inquiries. The item was conceptually reviewed by the Lynwood Redevelopment Agency on June 16, 2004 and a number of citizens spoke in both support and opposition. H:\WORUFILE\PI.ANNINC\STAFFRPT\cup?00-4-30.�pn2001-0 Lu2IX)1-0?,va�2003-03.ell�vullandoc _ � � _ L�CATIOIV I�Ii4P o v ,�,- ; , ° � � .�, •, .,,� , :. �j �;;��" �BB.33 y O �g.60 N w N O !; � � w � g: � p Q �, a .- x a' � a ,` m a �,�. , � . °� 9 /9t9� n rviprqEenixG�e. a /J;D9 � � �� �l -!,OFO ^ � ' . � � �� � ..�F � O Q � � , \ N Q� e e e e � ¢� a a o e o o a' O� ` �O U ' wB '" e � ' I �e �° ' r :O O O O O 0�m O O�J � C� . �' �'' � Y � ♦ µt0.PG2 � � e � • � ' O � 0 B O 0 0 O 0 0 0 � 9 � �� 0 0 : � p� „0 r � 00 3 � si� " , e L O ` `asT' .. a n m m � m a� m m � " � v p e�' n O' � O O O G E � 0 �� E G O O' Y �nr �,�Yn4� '� O� �.�0Gf,00� „I; a a a a � - r o � N . �� ". _ _ _ .. ' General Plan Amendment No. 2004-01; Zone Change No. 2004-02 CascNo. Variance No. 2004-03; and Conditional Us Pe rmi t No. 2004-20 Site.4ddress: 10700 Alameda Street ApplicanWame: Hei'[�Ie110 Franco [] 300' or [] 500' Radius Map RESOLUTION 3017 (DENY) A RESOLUTION OF THE CITY PLANNING COMMiSSION OF THE CITY OF LYNWOOD DENYING GENERAL PLAN AMENDMENT NO. 2004-01, THAT THE GENERAL PLAN LAND USE MAP NOT BE AMENDED FROM INDUSTRIAL TO COMMERCIAL FOR THE PURPOSE OF DEVELOPING A RESTAURANT AND NIGHTCLUB ON PROPERTY LOCATED AT 10700 ALAMEDA STREET, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6170-002- 026, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood City Council, pursuant to law, on July 13, 2004 conducted a public hearing on General Plan Amendment No. 2004-01; and WHEREAS, the Lynwood City Council has carefully considered all pertinent testimony offered at the public hearing; and WHEREAS, the Lynwood City Councii has determined that amending the General . Plan Land Use Map from Industrial to Commercial in order to develop and operate a restaurant and nightclub is not appropriate for the subject property and would not be consistent with the goals, policies and of the General Plan; and WHEREAS, the Development Services Department has determined that the proposal may have substantial impacts on the environment as indicated in the Initial Study that was performed by staff pursuant to the California Environmental Quality Act (CEQA) Guidelines. Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. Amending the Lynwood Generai Plan Land Use Map from Industrial to Commercial to develop and operate a restaurant and nightclub would not be consistent with the residential properties adjacent to the south and west property lines. H:\WORDFILE\PLANNIYGV2CSOS4eso3017.deny.doc - I - B. The proposed general plan amendment would be inconsistent with goals and policies set forth in the Lynwood General Plan. C. An Commercial General Plan Land Use designation may be inconsistent with properties surrounding the site and may negatively impact the public health, safety, or general welfare. D. The proposal to develop and operate a restaurant and nightclub may have significant impacts on the environment pertaining to land use and planning, transportation/circulation, public services, aesthetics, water, hazards, noise and mandatory findings of significance. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby DENIES General Plan Amendment No. 2004-01, and therefore denies changing the land use designation for the subject property from Industrial to Commercial. APPROVED and ADOPTED this 13` day of July, 2004 by members of the Lynwood Planning Cornmission, voting as follows: AYES: NOES: ABSENT: ABSTAI N: Donald Dove, Chairperson Lynwood Planning Commission Grant Taylor, Director of Jennifer Mizrahi, Deputy City Attorney Development Services Planning Commission Counsel H'.\WORDFILEV'LANNINCU2ESOSUeso30i7.dtny.doc - 2 - RESOWTION 3017 A RE50LUTION OF THE PLANNING COMMISSION OF THE , CITY OF LYNWOOD RECOMMENDING APPROVAL TO THE CITY COUNCIL AN AMENDMENT TO THE LYNWOOD GENERAL PLAN LAND USE MAP DESIGNATION, PURSUANT TO GENERAL PLAN AMENDMENT NO. 2004-01, FROM INDUSTRIAL TO COMMERCIAL, PERTAINING TO PROPERTY LOCATED AT 10700 ALAMEDA STREET, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6170-002-026, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, CALIFORNIA. WHEREAS, the Planning Commission of the City of Lynwood, on July 13, 2004, pursuant to law, conducted a public hearing on the subject application; and WHEREAS, the Planning Commission carefully considered all public oral and ' written testimony offered at the pubfic hearing; and WHEREAS, the Planning Commission determined that a Commercial Land Use Map designation of the subject property would be consistent with the goals and policies of the General Plan Land Use and Economic Development Elements; and WHEREAS, the Development Services Department has performed and Initial Study and determined that the proposal may have potentially significant impacts on the environment, however, mitigation measures have been incorporated in the project that would reduce potential significant impacts to a level of insignificance. A Negative Declaration has been prepared pursuant to the California Environmental Qualify Acf (CEQA) Guidelines. Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows A. A Commercial Land Use Map designation of the subject property would be compatible with surrounding land uses. B. The subject property would comply with all required development standards set forth in the Lynwood Municipal Code, except distance for alcohol. C. The General Plan Amendment would be consistent with the goals and policies of � the General Plan Land Use and Economic Development Elements. FLAWORDPII,LAPLANNINGARLSOS\rcsu301]wfoc . i � D. The General Plan Amendment will not be detrimental to the properties surrounding the site, or the public health, safety and general weifare as mitigation measures and conditions have been incorporated into the project to reduce potential impacts to a level of insignificance. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned finding and determination, hereby approves General Plan Amendment No. 2004-01 and recommends City Council adoption of a Resolution amending the General Plan Land Use map designation for 10700 Alameda Street from Industrial to Commercial. Section 3. A copy of this resolution shall be delivered to the applicant. APPROVED AND ADOPTED this 13 day of July, 2004 by members the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: Donald Dove, Chairperson Lynwood Pianning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Director of Jennifer Mizrahi, Deputy City Attorney Development Services Planning Commission Counsel H:\ W uBl �I'ILE\YLAN N INCi\kGS05\asoip 19uJuc -Z- RESOLUTION 3018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING ZONE CHANGE NO. 2004-02; CHANGING THE ZONING DESIGNATION FROM M (MANUFACTURING) TO C-3 (HEAVY COMMERCIAL) IN ORDER TO CONVERT A VACANT TWO-STORY OFFICE INTO A RESTAURANT AND NIGHTCLUB (EL FARALLON) ON PROPERTY LOCATED AT 10700 ALAMEDA STREET, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6170-002-026, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public hearing on July 13, 2004 on Zone Change No. 2004-02; and WHEREAS, the Lynwood Planning Commission has carefully considered all oral and written testimony offered at the public hearing; and WHEREAS, the Lynwood Planning Commission has determined that a C-3 (Heavy Commercial) zoning designation for the subject property would be consistent with the goals and policies of the General Plan Land Use and Economic Development Elements and would be appropriate for a restaurant and nightclub project; and WHEREAS, the Development Services Department has determined that the project may have potentially significant impacts on the environment, therefore, staff performed and Initial Study pursuant to the California Environmental Quality Act (CEQA) Guidelines, mitigation measures and conditions were incorporated into the project to reduce potential impacts to a level of insignificance and a Mitigated Negative Declaration was prepared; and WHEREAS, property maintenance and aesthetics are better maintained on commercial zoned properties than on properties zoned for manufacturing. H:\WORDFIUi\PI.ANNWG\kfSOS4uo3018adoc - 1 - Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows A. A C-3 (Heavy Commercial) zoning designation of the subject property would be consistent with the General Plan Land Use Map provided General Plan Amendment No. 2004-01 is approved. B. The C-3 (Heavy Commercial) zoning designation is consistent with existing development in the vicinity. C. The C-3 (Heavy Commercial) zoning designation will be consistent with goals and policies set forth in the Lynwood General Plan Land Use and , Economic Development Elements. D. The C-3 (Heavy Commercial) zoning designation will not be detrimental to the properties surrounding the site and would not negatively impact the public health, safety, or general welfare. Mitigation measures and conditions of approval have been included in the project to mitigate potential impacts to a level of insignificance. E. A C-3 zoning designation permits land uses that are less intensive than M (Manufacturing) land uses in that commercial land uses generally do not utilize hazardous materials, do not manufacture, do not have large truck deliveries, do not operate 24 hours a day, and are better maintained. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Zone Change No. 2004-02 changing the zoning designation for 10700 Alameda Street, Assessor Parcel Number 6170-002-026 from M(Manufacturing) to C-3 (Heavy Commercial). � H:AWORDFILB�PLANNINCVtE50.54'eso3018a.doc — 2 — , APPROVED AND ADOPTED this 13 day of )uly, 2004 by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Donald Dove, Chairperson Lynwood Planning Commission Grant Taylor, Director of ]ennifer Mizrahi, Deputy City Attorney Development Services Planning Commission Counsel HIWORDPILE�PLANNWGVtFS0.S4eso3018aduc - 3 - RESOLUTION 3019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2004-03; TO REDUCE MINIMUM DISTANCE REQUIREMENTS FROM FIVE HUNDRED FEET (500') TO FIFTY FEET (50') FOR ON-SITE GENERAL SALE OF ' BEER, WINE, AND DISTILLED SPIRITS WITHIN A BONA FIDE EATING ESTABLISHMENT (TYPE 47), LOCATED AT 10700 ALAMEDA STREET IN THE C-3 (HEAVY COMMERCIAL) ZONE, ASSESSOR PARCEL NUMBER 6170-002-026, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on July 13, 2004 conducted a public hearing on the subject application; and WHEREAS, the Planning Commission considered all oral and weritten testimony offered at the public hearings; and WHEREAS, the Development Services Department has determined that the proposal may have potentially significant impacts, however, staff performed an Initial Study pursuant to the California Environmental Quality Act (CEQA), mitigation measures and conditions of approval have been incorporated into the project to reduce potential impacts to a level of insignificance, a Negative Declaration was prepared. Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. The strict or literal interpretation and enforcement of the specific regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this chapter. Ali commercial corridors and the majority of Industrial corridors are within 500 feet of residential zones. Only the areas on Alameda Street and Industry Way comply with current code requirements. H:\ W OR DF I LFIPLANN MCUi ESOS\�eso3019a.doc - 1 - B. That the there are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone. The Lynwood Municipal Code requires that nightclubs shall have a minimum lot area of one (1) acre or 43,560 square feet. There are few properties in the Ciry of Lynwood that can satisfy the lot size requirement. The subject property totais 3.01 acresin area. C. The strict or literal interpretation and enforcement and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other similar properties in the same zone. The City of Lynwood currently has sevenry (70) alcohol serving establishments and every such business is within 500 feet of residences. All existing establishment are considered legal nonconforming or have a variance. D. That the granting of the variance will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vic+nity classified in the same zone. Because other alcohoi serving establishments are located within 500 feet of residences, approving this yariance would not be a grant of special priviledge. E. That the grant+ng of the variance wi{I not detrimentai to the pubiic health, safery, or welfare, or matrially injurious to properties or improvements in ,. the vicinity. Staff performed an Initial Study in compliance with the California Environmental Quality Act (CEQA) and determined that the projmect may have potentially significant impacts. Conditions of approval and mitigation measures have been included in the project to reduce potentiaf impacts to a level of insignificance. F. That the granting of variance will not adversely affect the orderly deveopment of the Ciry. The property was previously an o�ce building that is not permitted in manufacturing zones and was therefore legal nonconforming. Approval of the general plan amendment and zone change would make the property conforming. Section 2. The Planning Cornmission of the City of Lynwood, based upon the ' aforementioned findings and determinations, hereby approves Variance No. 2004-03. Section 3. A Copy of this resolution shall be delivered to the appliant. 2 APPROVED AND ADOPTED this 13 day of July, 2004, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Donald Dove, Chairperson Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Director of ]ennifer Mizrahi, Deputy City Attorney _ Development Services Planning Commission Counsel � H:AWORUFII,L>�PA.ANNINGARESOSUeso30l9a.doc -3- RESOLUTION 3020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2004-20 PERMITTING THE OPERATION OF A RESTAURANT AND NIGHTCLUB (EL FARALLON) PROVIDING ALCOHOLIC BEVERAGES FOR ON-SITE GENERAL CONSUMPTION (TYPE 47) AT 10700 ALAMEDA STREET, IN THE C-3 (HEAVY COMMERCIAL) ZONE, ASSESSOR PARCEL NUMBER 6170-002- 026, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. � WHEREAS, the Lynwood Planning Commission, pursuant to law, on July 13, 2004 conducted a public hearing on the subject appiication; and _ WHEREAS, the Planning Commission considered all public oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal may have significant impacts on the environment, an Initial Study was prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) guidelines. Mitigation measures have been incorporated into the project to reduce potential impacts to a level of insignificance and a Negative Declaration was prepared. Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. The site of the proposed project and the existing building are adequate in size and shape to accommodate the proposed restaurant and nightclub • and satisfy development standards. B. The granting of the Conditional Use Permit will not adversely affect the _ General Plan and is consistent with the General Pian Land Use Designation. Approval of General Plan Amendment No. 2004-01 changes the land use designation from Industriai to Commercial. Restaurants and other commerciai uses are permitted uses in commercial zones and nightclubs are conditionally permitted in all commercial zones. fl:AWOIiDfIL6APLANNINCARLSOtiVrtxn3tnlla.doc - 1 - C. The location of the conditional use is in accord with the objectives of the zoning chapter and the purpose of the zone in which the site is located. The project would satisfy all development standards set forth in Lynwood Municipal Code Section 25-16.27 pertaining to dance halls, nightclubs, rentai halls and other places of public assembty. �; ,. D. The 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. Staff performed an Initial Study and identified potential significant impacts. Mitgation measures and conditions of approval have been incorporated into the project. A Negative Declaration was prepared. E. The conditional use permit will comply with each of the applicable provisions of the zoning chapter, except for approved variances. The project is consistent with Chapter 25-10 of the Lynwood Municipal Code (LMC) pertaining to permitted and conditionally permitted uses in the C-3 zone, consistent with LMC Chapter 25-16.27 regulating places of public assembly and consistent with LMC Chapter 25-16.20 regulating alcohol serving establishments. F. The project would remedy a blignted property and provide a land use on a vacant property. G. The restaurant and nightclub wouid provide jobs and provide revenue for the City (i.e. sales tax, property tax, building permits, plan check fees, . business licenses, etc.) H. The project would retain a business displaced by the Lynwood Unified School District in the City of Lynwood. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Conditional Use Permit No. 2004-20, provided the following conditions are implemented and complied with at all times. z CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The business establishment shall comply with all applicable regulations of the Lynwood Municipal Code, the California Building Code, the Health and Safety Code, the Los Angeles County Fire Code and the State Department of Alcoholic Beverage Control. 2. Any proposed subsequent modification ot the subject site or structures thereon , shall be first reported to the Development Services Department, Pianning Division, for review. 3. The applicant and/or his representative shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of any building permits. 4. This Conditional Use Permit approval is valid for one hundred eighty (180) days from date of approval (i.e. expires January 13, 2005). Substantial compliance ' must be observed otherwise such conditional use permit shali become null and void. The applicant may apply for one ninety (90) day extension provided such extension is made in writing prior to the expiration date. PLANNING DNISION 5. The project shall provide a minimum of ten feet (10') front setback and such front °� setback area shall consist of Iandscaping and a permanent irrigation system except for required walkways, driveways and the existing building footprint. 6. The project shall provide landscaping consisting of a minimum of seven percent (7%) of the gross lot area. Such landscaping shall be installed and maintained pursuant to approved landscaping and permanent irrigation plans. Such plans ' shall be submitted and approved prior to the issuance of building permits. 7. The applicant shall submit a comprehensive sign program prior to the issuance of building permits. Such sign program shall comply with Chapter 25-33 of the Lynwood Municipal Code and consist of individuai channel letters and approved colors. H:AWORDIILGAPLANNMCARP.SOS\rcsa}p�pa�uc - 3 ' 8. The applicant shall provide a minimum of two (2) trash enclosures on-site and located within one hundred feet (100') of the building. Such refuse areas shall be surrounded on three (3) sides by a solid masonry, brick or concrete fence that shall be a minimum of five feet (5') in height and shali be enclosed with a solid and sight-obscuring decorative gate. 9. The applicant shall install a solid block wall, a minimum of ten feet (10') in height along the southerly and easterly property lines. Such fencing shall have engineering calculations and details approved by the Building & Safety Division. The applicant shall obtain a fence permit prior to installation. 10. The applicant shall submit, implement and maintain a detailed and comprehensive security plan. Such security plan shall include but not be limited ta ° a) A site plan and detailed written description of security measures, personnel, locations and hours. b) Security shall be provided a minimum of one (1) hour after closing or 3:00 a.m. on Fridays, Saturdays and Sunday mornings. c) No loitering in the parking lot or areas outside the building shall be permitted at any time. Post no loitering signs. . d) Security personnel and traffic blockinq� instruments shall be maintained on Littie (east) Alameda Street and 108 Street and a minimum of one (1) hour after closing on weekends and holidays. Only residents and guests may enter residential streets. e) Security personnel shall regularly drive Santa Fe Avenue, 108�" Street and surrounding streets to ensure no loitering or trespass pertaining to business patrons exists. f) The applicant shali contract with the Los Angeles County Sheriff for Friday and Saturday nights. Such contract shall include a minimum of two (2) deputies and one (1) vehicle. g) Install security cameras to the interior and exterior of the premises. h) Prohibit parking outside the business on the streets. 11. The applicant shall implement and maintain a detailed traffic circulation and parking plan prior to the issuance of building permits. Such plan shall include security providing assisted parking on Fridays, Saturdays and special events. . 12. The applicant shall implement and maintain a detailed exterior lighting plan for the parking lots areas and the exterior of the business. Such lighting plan shall illuminate parking and other public areas. Lighting shall be screened and directed away from adjacent properties. 4 • 13. The kiuilding exterior shall consist of improvements, materials and colors as reviewed and approved by the Lynwood Redevelopment Agency prior to construction. 14. Adult activities are strictly prohibited pursuant to Section 25-16.19.d of the Lynwood Municipal Code. 15. The applicant shall receive approval of a special permit business license by the Lynwood City Council for live entertainment and dance hall. 16. Hours of operation shall not extend beyond 10:00 a.m. to 11:00 p.m. Sunday through Thursday, and 10:00 a.m. to 2:00 a.m. on Friday, Saturday and holidays. 17. The project shall provide a minimum of one (1) parking stall per one hundred (100) square feet of gross building area, or a minimum of 311 parking stalis. 18. Such parking stalls shall have minimum dimensions of 9' X 20'. Handicap parking stalls shall be provided pursuant to ADA standards. 19. Vehicle access and parking areas shall be maintained and kept clear and accessible for vehicle access and parking at all times. No parking and fire lanes shall be delineated. The parking lot area shall be improved pursuant to requirements set forth by the Department of Environmental Services. 20. The parking area and exterior of the business shall be maintained in a neat, clean and sanitary condition at all times. 21. After issuance of the Certificate of Occupancy no outside storage of materials of any kind shall be permitted. 22. The applicant shall hire a certified acoustical engineer to perform a detailed noise analysis of the subject property and surrounding properties. The acoustical analysis shall identify compliance with the City's Noise Ordinance set forth in Lynwood Municipal Code Section 3-12. Such study shall be presented to the City Council. 23. The applicant shall hire a licensed traffic and parking engineer to perform a detailed analysis of project traffic and parking volumes, potential impacts, and mitigation measures. Such study shali be presented to the City Council. � fLAWORDFILIAPLANNIN6ARLSOSVrixoip20aAOC - S - 24. The applicant shall install ciimbing vines at the base of the block wall along the perimeter of the property adjacent to 108 Street. A detailed landscaping plan and permanent irrigation system shall be submitted prior to the issuance of building permits. 25. The applicant shall instali trees along the south and east property lines inside the fence. Such trees shall be tall and fast growing to create a bufter for the residential properties. 26. The westerly driveway shall be entrance only and the easterly driveway shall be exit only on Fridays, Saturdays and special events. Security personnel shall monitor and direct traffic. 27. The applicant shall submit a construction plan and time frame for exterior improvements prior to the issuance of building permits. 28. The conditional use permit shall be brought back to the Planning Commission for review of said conditions within six (6) months of approval. 29. Ail conditions of approval shall be printed on the cover page of plans prior to submittal to the Building and Safety Division for plan check. 30. The applicant shail not exceed building occupancy loads as established under the California Building Code, Los Angeles County Fire Code, or which may be more restrictive based on the recommendation of Los Angeles County Sheriff in the security plan. 31. The applicant shall secure all licenses from the State Department of Alcoholic Beverage Control. A copy of said license shall be submitted to the Development ' Services Department, Planning Division. 32. The applicant shall obtain and keep current all required City of Lynwood business licenses. 33. No exterior advertising of alcoholic beverages shall be permitted. 34. No temporary signs, banners or advertising shall be permitted. 35. The applicant shall install decorative security gates across both driveways. Such gates shall be closed and secured during non-business hours. The applicant shall submit plans and obtain a fence permit prior to installation. 6 36. The applicant shall receive and submit a written determination from Southern California Edison to the Development Services Department, Planning Division. Such written determination shall identify Edison poles on-site regarding undergrounding and related concerns or conditions from the utility company. Such determination shall be submitted prior to building plan check. 37. The outside patio area may only be utilized during lunch hours (i.e. 10:00 a.m. to 3:00 p.m. daily. The outside patio shall not be used for any reason after 3:00 p.m. daily. 38. The applicant shall identify emergency routes from both stories in the building. , Such emergency route plan shall be submitted to the Development Services Department, Planning Division and posted on the second floor. 39. Failure to comply with ali conditions set forth in the Resolution and/or any applicable municipal code, state or federal law shall be grounds for revocation proceddings. BUILDWG AND SAFETY DIVISION . 40. 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 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. DEPARTMENT OF ENVIRONMENTAL SERVICES/ENGINEERING 41. �The site plan is incorrect. Show all existing buildings and utility poles. 42. Submission and recordation of a parcel map is required. Certificate of Occupancy will not be issued prior to the recordation of a subdivision map. . H:AWOHIJ[ILEVPI AN61NGAIiP,SOS\rcsut020u.do< ' / — 43. Submit a grading plan prepared and signed by a registered Civil Engineer. The grading plan will be checked by the Department of Environmental Services/Engineering Division. No building permits will be issued prior to the approval of a grading plan. 44, Reconstruct damaged sidewalk along 108 Street, Martin Luther King Jr. Boulevard and Alameda Street. 45. Close all existing drive approach(es) fronting proposed development and construct proposed drive approach(es) per APWA standards. 46. Grind and overlay 1'/z" minimum existing pavement along 108` Street from edge of gutter to edge of gutter along proposed development. 47. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six inch (6"). When connecting to an existing lateral, a City approved contractor shall verify the size of such latera� and shall provide proof of its integrity by providing a video tape of the lateral to the Department of Environmental ServicesJEngineering Division. 48. Root prune all existing street tree(s) and install root barriers at Alameda Street fronting development site. 49. Instail twenty (20) 24" box street trees per APWA standards along Martin Luther King Jr. Boulevard. Species to be determined by Environmental Services. A permit to install the trees is required by the Engineering Division. Exact location of the trees will be determined at the time the permit is issued. ; 50. Construct tree well covers per APWA standards for existing and proposed street trees. 51. Regrade parkway and landscape with grass on Martin Luther King Jr. Boulevard. 52. Underground all new utilities. Underground existing utilities if any modifications are proposed for the electric service panel. ; 53. All Edison vaults and utilities shall be placed underground. 54. A permit from the Engineering Division is required for all off-site improvements. , 55. All required water meters, meter service changes and/or fire protection lines shall be .installed by the developer. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Department of Environmental Services/Engineering prior to performing any work. 8 56. This development is subject to the City's Standard Urban Stormwater Mitigation Plan Ordinance (SUSMP) which requires stormwater runoff from the site to be filtered. Pursuant to Section 14.13 of the City for Lynwood Municipal Code relating to the control of pollutants carried by stormwater runoff, structural and/or treatment control best management practices (BMP's); a maintenance agreement for the Standard Urban Stormwater Mitigation Plan (SUSMP) shall be signed by the owner(s) and submitted to the Department of Environmental Services/Engineering Division. 57. Remove existing and unused wooden pole located at the northeast corner of Alameda Street and 108 Street 58. Construct landscaped median islands on Martin Luther King Jr. Boulevard between Alameda Street and Santa Fe Avenue. Plans shall be reviewed and approved by the City. � 59. The developer shall investigate the feasibility and implementation of vacating a section of 108 Street west of the alley and construct a street knuckle to eliminate through tratfic on 108�" Street. This will require land dedication from the developer. The City will review and approve street knuckle design. 60. Underground all existing power poles located on site. 61. The developer is required to submit a traffic study prepared by a registered traffic engineer to determine traffic impact and mitigation measures. CODE ENFORCEMENT 62. The developer shall cut back ail overgrown vegetation anhd shall remove and junk, trash and debris throughout the property. LOS ANGELES COUNTY SHERIFF DEPARTMENT 63. No vehicle access from Alameda Street or 108 Street shall be allowed. 64. Increase the size of the wall and/or add shrubbery to decrease noise from the business onto 108 Street as planned. Research if it is possible to soundproof or reduce sound past the wall. 65. Add an interior wall or courtyard inside the lot and outside the entrance doors to help reduce noise. H:AWURDI'ILCWLANNINGARFSOSIi'e,m}ULln.doc - 9 ' , 66. Ensure appropriate level of lighting in parking lot to discourage thefts from vehicles or crimes against persons in the lot. 67. Ensure adequate interior and exterior security personnel levels to discourage crime and inappropriate activitiy during all hours of business operation. Assign additional lot security and continuance of current extra Sheriff's patrol (two (2) patrol deputies 2200 hours until 0300 hours on weekend evenings (Friday, Saturday and special events). . 68. Add emergency routes from second story. 69. Install recorded security cameras to interior and exterior. 70. Parking outside the business shall be prohibited or discouraged. LOS ANGELES COUNTY FIRE DEPARTMENT 71. The applicant shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Fire Protection Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4243. Section 3. A copy of Resolution No. 3020 and its conditions shall be delivered to the applicant: Section 4. Any violation of said conditions in this resolution may result in revocation or modification of the Conditional Use Permit by the issuing body at a regularly scheduled meeting. io PASSED, APPROVED AND ADOPTED this 13` day of July, 2004 by members of the Planning Commission, voting as follows: AYES : NOES: ABSENT: ABSTAIN : Donald Dove, Chairperson Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Director of Jennifer Mizrahi, Deputy City Attorney ° Development Services Planning Commission Counsel H:AWORIJFILL'A�LANYMGAItliSUtiV[uo3(Y41a.dec - ll - CITY OF LYNWOOD DHVELOPMC:NTSE2VICESDEPARTMFNT � 11330 BULLIS ROAD LYNWOOD, CA 90262 (310) 603-0220, Extension 289 NEGATIVE DECLARATION � Counry Clerk Coiporation Division, Room 106 Post Office Box 151 Los Angeles, Ca. 90053 RE: Negalive Declaration for General Plan Amendment No. 2004-01, Zone Chan�e No. 2004-02, Variance No. 2004-03 and Conditional Use Permit No. 2004-20. To Whom It May Concern: Application has been filed with Che Ciry of Lynwood for approval of the project known as - EI Farallon Restaurant and Nightclub (General Plan Amendment No. 2004-01, Zone Change No. 2004-02, Variance No. 2004-03 and Conditional Use Permit No. 2004- ,- 20), located at 10700 Alameda Street in the M(Manufacturina) zone. The pcopertv is � further described as Tract 5418. Lots 2. 3, 4, 5, 6, 7, 8, 9, 10, 11, 41, 42, 43, 44 and 45; � Assessor's Parcel Number 6170-002-026. The project is briefly described as: Convert a vacant two-story office buildin� into a bona fide restaurant and nightclub (EI , Farallon). The building totals 20,223 square feet and would provide the restaurant and �� ni�htclub on the first floor: with offices, stora4e and emplovee areas on the second floor. - The �roperty provides 311 arkin� stalls and totals 132,264 square feet or 3.OL acres in area. The subject propertv is locaYed on the southeast corner of Martin Luther King Jr. Boulevard and Alameda Street In accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), State Guidelines, and the City of Lynwood Guidelines for the implementation of the California Environmental Quality Act, the Development Services Department of the Ciry of Lynwood analyzed the project and deteimined that the project may have a significant impact on the environment pertaining to Land Use and Planning; Transportation/Circulation; Public Services; Aesthedcs; Water, Hazards; Noise and � Mandatory Findings of Significance. The Mitigation Measures included in the attached � [nitial Study would reduce potenual impacts to insignificant levels. Based on this � finding, the Development Services Department �prepared and hereby filed this NEUATNE DECLARATION. The aboVe finding is based on the following: . - h:Awnodlil�AplannningVCOmislnegifectloc Revi�zJ 09 ?�-98 Neg. Dec. — El Farallon July 6, 2004 Paae 2 - 1) The site of the proposed project and the existing building are adequate in size aud � shape Co accommodate the proposed restaurant and nightclub and� satisfy ` development standuds. , 2) The granting of the project will not adversely affect the �General Plan and is � consistent with the General Plan Land Use Designation. Approval of General Plan Amendment No. 2004-01 changes the land use designation from Industrial to Commercial. Restaurants and other commercial uses are permitted uses in all commercial zones and nightclubs are conditionally permitted in all commercial zones. � 3) The location of the conditional use is in accord with the objectives oP the zoning � chapter and the puipose of the zone in� which the site is located. The project , would satisfy all development standards set forth in Lynwood Municipal Code Section 25-16.27 pertaining to dance halls, nightclubs, rental hails and places of � public assembly. � 4) The location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public healfl�, safery, or _ welfare, or materially injurious to properties or. improvements iu the vicinity. Staff performed and Initial Study and identified potential significant impacts. Mitigation measures and conditions of approval have been incorporated into the project. A Negative Declaration was prepared. 5) The� conditional use permit will comply with each of the applicable provisions of the zoning chapter. The project is consistent with Chapter 25-10 of the Lynwood - � Municipal Code (LMC) pertaining [o permitted and conditionally permitted uses � in the C-3 zone, consistent with LMC Chapter 25-16.27 regulating places oP public assembly and consistent with LMC Chapter 25-16.20 regulating alcohol serving establishments. 6) The project would remedy a blighted propert�y and provide a land use on a vacaot � property. 7) The restaurant and nightclub would provide jobs and revenue for the City (i.e. � sales tax, properCy tax, permit fees, plan check fees, business license fees, etc.). � � 8) The project would retain a business displaced by the Lynwood Unified School , District in the City of Lynwood. R\wuttl�JcAplwnnlnpAformsVnc¢tlu:-0uc Reviscd�l]-2]-98 Neg. Dec. — EI Farallon July 6, 2004 Page 3 A period of twenty-one (21) days from the daCe of filing of this NBGAT[VE DECLARATION will�be provided to enable public review of the project specifications and [his document prior to action on the project by the Ciry oP Lynwood. A copy of the � project specification is on file in the offices of the Depai2ment of Community Development, City Hall 11330 Bullis Road, Lynwood�, CaLifornia. This Document is being filed in duplicate. Please acknowledge filing date and return the copy in the enclosed stamped, self- addressed envelope. Prepared and filed by: The Development Services Department, Planning Division City of Lynwood BY: - � . i � Grant Taylor, Director o elopmcnt Scrvices DATE: J(�h,Z Z Z� � u � � h:AwoNfldplannningV[artmAoce��c.aoc ReviscJ 09 �J-YS . INITIAL STUDY Environmental Checklist � 1) ProjectTitle:' General Plan Amendment No. 2004-01 Zone Change No. 2004-02 Variance No. 2004-03 Conditional Use Permit No. 2004-20 2) Lead Agency Name and Address: City of Lynwood Development Services Department 11330 Bullis Road Lynwood, CA 90262 3) Contact Person, Title and Phone Number: Grant Taylor, Director of Development Services (310) 603-0220, Ext. 326 . 4) Project Location: 10700 Alameda Street, Lynwood, CA 90262 5) Project Sponsor's Name and Address: City of Lynwood Development Services Department 11330 Bullis Road Lynwood, CA 90262 6) General Plan Designation: Industrial 7) Zoning: M (Manufacturing) 8) Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary). The project is to convert a vacant two-story o�ce building into a bona fide restaurant and nightdub. The building totals 20,223 square feet and would provide the restaurant and nightclub on the first floor with offices, storage and employee areas on the second floor. The property provides 311 parking stalls and totals 132,264 square feet or 3.01 acres in area. The subject property is located on the southeast corner of Martin Luther King Jr. Boulevard and Alameda Street. 9) Surrounding Land Uses and Setting: (Briefly describe the project's surroundings). The subject property is located within an industrial and single-family residential setting. The existing - building is the former Jorgenson Steel administrative office building. Following are adjacent land uses. North: Martin Luther King Jr. Boulevard then Industrial,(]orgenson Steel) South: 108`h Street then Single-Family Residential and Industrial (Ranger Die Casting) East: Industrial (Warehousing) ' West: Alameda Street then Industrial (Jones Lumber) � 10) Other agencies whose approval is required: (e.g., permits, financing approval or participation agreement). State of California, Alcoholic Beverages Control , County of Los Angeles, Fire Department Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one ' impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. X Land Use and Planning X Transportation/Circulation X Public Services _Population and Housing _Biological Resources _Utilities & Service Systems _Geological Problems Energy & Mineral Resource X Aesthetics X Water X Hazards _Cultural Resources _Air Quality X Noise _Recreation X Mandatory Findings of Significance Determination: (To be completed by the Lead Agency.) - On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ' I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. XX I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a"potentially significant impacY' or °potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project . � y�� ��-,� Zz zooy • Signature Date GRANT TAYLOR, Director of Development Services CITY OF LYNWOOD Printed Name/Title For Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sourcesa lead agencycites in the parenthesis following each question. A"No Impact" answer if adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the projed falls outside a fault rupture zone). A"No Impact" answer should be explained where it is based on project-specific screening analysis). 2) All answers must take account of the whole action invobed, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as'operational impacts. , 3) "Potentially Significant ImpacY' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "POtentially Significant Impact" entries when the determination is made, an EIR is required. ' 4) "Potentially Significant Unless Mitigated Incorporated" applies where the incorporetion of mitigation measures has reduced an effect from "Potentially Significant Impact" to a"Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a iess than significant IeveF (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). , 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D}. Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contaded should be cited in the discussion. Potentially �� Significant � . � Potentially Unless Less Than � Significant Mitigation Significant No � � Impact incorporated Impact Impact ' Issues (and Supporting Information � Would the proposal result in potential impacts involving: . �` I. LAND USE AND PLANNING. Would the proposal: a) . ConFlict with general ptan designation or _ p� . . zoning? (Source(s): ) . DISCUSSION: The project is inconsistent with the Industrial General Plan land �use designation. Restaurants are .. . � permitted uses and nightclubs are permitted in commercial zones subject to approval of a conditional use permit. The �� � former office building was legal non-conforming and also inconsistent with the General Plan. The project includes a �� � � general plan amendment to amend the general plan from Industrial to Commercial. A Commercial General Plan designation is generally less intensive as industrial uses often consist ofhazardous materials, ground vib�ation, large . - delivery trucks, and 24-hour operations. � b) Conflict with applicable environmental plans _ XX . - or policies adopted by agencies with jurisdidion � overthe project? ( ) � � � c) Be inmmpatible with existing land use in _ )0( '. - . the viciniry? ( ) . � DISCUSSION: The restaurant and nightclub may have a substantiai negative impact on properties in the� vicinity if not � regulated. These establishments require substantial parking, tra�� control, security, light and �noise mitigation measures. �- Single-Family residentes are located south and east of the subjed property. Mitigation measures and conditions would ' � �, be mandatory to include but not be limited to: a ten foot (10� solid bbck wall and tall fcus trees adjacent to the residential areas; parking at a minimum of one (1) stall per 100 square feet of building area plus security providing assisted parking on weekends; submission and implementation of a detailed security plan to include blocking residential streets and mntracting with the Sheriff Department on weekends; submission of a detailed lighting .plan to identify - � lighting suffcient to deter loitering while being shielded and directed away from residences; a detailed noise study - performed by a licensed�acoustical engineer to demonstrate compliance with the Citys noise ordinance. � ' � d) Affect agricultural resources or operations _ _ XX , (e.g., impacLS to soils or farmlands, or impacts . �� � from incompatible land uses)? ( ) . � e) Disrupt or divide the physical arrangement of _ _ _ XX � � � an established mmmunity (including a low � � � inmme or minoriry community)? ( ) � , � , . � Potentialty � . Significant � Potentially Unless Less Than �� � Significant Mitigation Significant No . � � Impact Inwrporatetl Impact Impact � II. ' POPULATION AND HOUSING. Would the proposaC � a) Cumulatively exceed official regional or local _ _ _ XX population projections? ( ) � b) Induce substantial growth in an area either _ _ _ XX � .� , � direcCty or indirectly (e.g, through projeds in . - � an undeveloped area or extension of major � � . � infrastrudure)? ( ) � � - � c) Displace existing housing, especially affordable , _ XX -. � � housing? ( ) • III. GEOLOGIC PROBLEMS. Would the proposal result - in or expose people to potential impacts involving: a) � Fault rupture? ( ) _ XX � � ' b) Seismic ground shaking? ( ) , _ _ XX _ Discussion: � � � - DISCUSSION: There.are no active fault zones in the City of Lynwood. However, earthquakes of large magnitude could� create seismic ground shaking. The restaurant and nightclub would �.require submittal of plans that have been engineered � � and plan checked to withstand potential earthquake hazards. „ � c) Seismic ground failure? ( ) _ _ _ XX � . d) Seiche, trunami, or volcanic hazard? ( ) _ � XX . � e) landslides or mudflows? ( ) _ _ � _ XX ' �� Erosion, changes in topography or unstable soil _ , XX _ conditions from excavation, grading, or fill? ( ) . . DISCUSSION: Grading activities associated with demolition� of an existing storage building and implementation of the . Standard Urban Stormwater Mitigation Plan (SUSMP) would alter drainage pattems. The City will require a detailed . � grading and drainage plan and impiementation of a SUSMP plan to ensure proper drainage and mitigation of pollutants going into storm drains. , . . g) Subsidence of the land? ( ) _ _ _ XX . h) Expansive soils? ( ) _ ' _ XX _ The City is within a liquefactions area. The�ezisting building wouid not be altered and proper grading and mmpaction �- were performed at the time of construction. Grading and repair of the parking area due to demolition and SUSMP wil6 � , _ require plan check approval and soil compaction. � .. i) Unique geologic or physical features? ( ) _ _ _ .. � XX � IV. WATER. Would the proposal resWt in: . � . a) Changes in absorption rates, drainage pattems, _ XX _ or the rete and amount of surface runoff? ( ) -,. DISNSSION: Demolition of the existing metal storage building, grading and implementation of the SUSMP plan would � alter dreinage pattems. The grading and� drainage plan wouid be plan checked by the Department of Environmental _ . � Services to ensure wde compliance and�protect neighboring properties. Potentially . � � Significant Potentially Unless . Less Than � � . ' Significant MiEigation Significant No � Impact Incorporated Impact Impact b) - Exposure of people or property to water _ _ _. XX ' _ ' related hazards such as Flooding? ( ) � c) �Discharge into surface waters or other alteration _ XX � � of surface water qualiry (e.g., temperature, � , dissolved oxygen or turbidity)? ( ) � � � � � � d) Changes in the amount of surface water in _ _ XX any water body? ( ) � ��e) Changes in currents, or the course or direction _ � _ _ XX � of water movements? ( ) . - � � Change in the quantity of ground waters, either _� _ XX . � _ , �through direct additions or withdrawals, or - � � through interception of an aquifer by cuks or � excavations, or through substantial loss of � - groundwater recharge capability? ( ) �_ DISCUSSION: Grading activities may impact ground water in the short term due to demolition, resurfacing of the parking bt and �implementation of the SUSMP. Grading plans would be plan checked and construction adivities monitored to . � ensure code compliance. � � g) Altered direction or rate of flow of groundwater? _ _ XX h) � Impactr to groundwater quality? ( ) _ _ XX _ . ' DISCUSSION: Demolition, grading and SUSMP adivities may have an impact to groundwater, however, grading� plans wili . � be pian checked and construction activities monitored to ensure protection of groundwater qualiry.. �� i) Substantial reduction in the amount of _ _ � XX � groundwater otherwise available for - . pubiic water supplies? ( ) � V. - AIR QUALITY. Would the proposal: , . , a) Violate any air quality standard or contribute to _ XX � � an existing or projected air quality violation? ( ) I b) Expose sensitive receptors to pollutants? O _ _ _ � � XX � � ` _ c) Alter,air movement, moisture, or temperature, _ _ _ XX � , or cause any change in climate? ( ) � d) Crea[e objectionable odors? ( ) _ XX � DISCUSSION: The restaurant and nightclub would provide food. Plans would be reviewed to �include food preparation, � - � serving and disposal��. The Los Angeles Counry Health Department would review the serving food and beveragesprior to a � certificate of occupancy from the City, ' � VI. TRANSPORTATION/CIRCULATION. , . , Would the proposal resuit in: � . , a) Increased vehicle trips or traffic congestion? Q _� XX _ _ � DISCUSSION: The restaurant and nightciub would increase traffic and parking demands. The applicant must submit and - , implement a detailed parking plan and provided assisted parking on weekends. In addition, the City will require outside . security personnel to block access to residential streets (i.e. 108`" Street and tittle (East) Alameda) regulate traffic, and � � discourage cruising and loitering. ' . . ' Potentially _ � . � . Significant � � - ' . . Potentially Unless Less Than . . � � Signi£cant Mitigation Significant No � . Impact Inwrporated Impact Impact � � b) Hazards to safety from design features (e.g., _ XX _ . sharp curves or dangerous intersection) or . . incompati6le uses (e.g, farm equipment)? ( ) �� � . DISCUSSION: The owner of the restaurant and nightclub will be required to submit detailed plans identifying traffic Flow ` � and parking regulation oo-site. Two (2) driveways provide ingress and egress to the property and both driveways are � � � located on Martin Luther King� Jr. Boulevard. The westerly driveway would be entrance only and tlie easterly �driveway . would,be exit only. In addition, the City will require the appiicant to develop landscape medians on Martin Luther King as a traffic calming measure to discourage cruising and prohibit crossing the lanes. The City will biock access to residential � areas except for residents and will research installing a cul-de-sac on 108`" Street from LitUe Alameda to protectthe � residences. In addition, securiry wil� patrol surrounding �residential neighborhoods and Santa Fe Avenue to discourage . . . � loitering and unauthorized activities. ` � � , c) Inadequate emergency access or access _ _ XX _ . to nearby uses? ( ) . DISCUSSION: Detailed parking and traffic circulation plans will be required to insure that police, fire and other emergency ,- , � service vehides have clear and unobstructed access to the business establishment at all times. No parking or stopping zones will be delineated and security personnel would prevent unauthorized parking and vehicle stopping. � �.. d) Insufficient parking capacity on-site or off-site? _ XX � - _ DISCUSSION: The restaurant and nightdub would be parking intensive. The establishment may have a high occupancy ,- - rating and therefore require more pa�king than other commercial businesses. The business will require a minimum of one � � � � (1) parking stall per 100 square feet of grossbuilding area. The business requires 201 parking stalls and proposes 311, a surplus of 210 parking stalls. In addition, parking will be prohibited in the street on� Martin Wther King unless parking . capacity on-site has been exhausted. � e) Hazards or barriers for pedestrians or bicydistr? _ _ XX � � DISCUSSION: The restaurant and nightclub would generate substantial vehide traffic. The parking and traffic plans - - � . would identify safety measures to�be implemented by security to protect pedestrians and� bicyclists. � ConFlicts with adopted policies supporting _ _ _ XX . alternative transportation (e.g., bus turnouts, bicycle racks)? ( ) � g) Rail, waterbome or air traffic impac[s? ( ) _ _ _ XX . � - VII. BIOLOGICAL RESOURCES. . . � Would the proposal result in impacts to: � - � a) Endangered, threatened, or rare species or tBeir _ XX habitats (induding but not limited to plants, fish, �- insects, animais, and birds)? ( ) . b) Locally designated species (e.g., heritage trees)? _ _ _ XX c) Locally designated natural communities XX � (e.g., oak forest, mastal habitat, etc.)? ( ) ' � � . - d) Wetland habitat (e.g., marsh, riparian, and _ _ _ XX � � vernal pool)? ( ) e) Wildlife dispersal or migration corridors? O _ _ XX ' , � Potentially � � � � Significant �� . � Potentialty Unless LessThan � � Significant Mitigation Significant No � , ' Impact Incorporated Impact Impact � VIII. ENERGY AND MINERAL RESOURCES. � � • ' Would the proposal: �� a) Conflict with adopted energy conservation plans? _ _ _ XX , . � �b) Use non-renewable resources in a wasteful and ` _ XX � , . ineffcient manner? ( ) , � c) Result in the loss of availability of a known _ _ . XX mineral resource that would be of future value ,� , ' to the region and the residents of the State? ( ) . �IX. HAZARDS. Would the proposaf involve: . ., a) A risk of accidental explosion or release of _ _ _ XX . � hazardous substances (induding, but not limited� , � to: oil, pesticides, chemicais, or radiation? O � b)� Possible interference with an emergency response _ XX _ . � � Plan or emergency evacuation plan? ( ) . � � DISCUSSION: The restaurant and nightclub would generate substantial vehicle movement and kraffic. A detailed parking - � and traffc.plan would be required� that keep vehide access aisles clear an unobstructed, would allow emergency vehicles � easy access, and provide patrons access to evaaatiom. routes. . c) The creation of any health hazard or XX _ ` , potential health hazard? ( ) � � DISCUSSION: The restaurant and nightdub would have a high occupancy rating, generate substantial vehide movements � � and parking requirements. Security personnel would be required to implement parking and traffic ciralation plans to � � ensure traffc and parking safety. Exterior lighting would be implemented pursuant to detailed plans to dismurage . loitering and mischief, and a security plan would be implemented to address the number of customers, surrounding properties and other pertinent issues. �� d) Exposure of people to existing sources _ XX _ of potential health hazards? ( ) � DISCUSSION: The Los Angeles County Fire Department will identify an occupancy capacity and set forth fre protection � measures. Evacuation routes will be posted inside the building. The structure will be plan checked by the City �Plan Check Engineer to ensure compliance with the Califomia Building Code and proted the public heath, safety and welfare. e) Increased fre hazard in areas with flammable XX � � � brush, grass or trees? ( ) � � � ` X. NOISE. Would the proposal result in: . a)� Increases in existing �noise levels? ( ) _ XX _ . � DISCUSSION: The restaurant and nightclub would generate significant customer usage, traffic, music, bands and other assorted noise generators that could effed the peace and comfort of people working and residing in the vicinity. Building & Safery plan check would be performed to buffer noise to the greatest extent possible. Customers would not be '� permitted to �loiter, cruise, or gather outside the establishment. A security plans would be required that has security . continuously monitoring the exterior of the premises to include parking areas, streets and adjacent properties. In � addition, a� noise study by a certified acoustical �engineer will be required to ensure compliance with the City's noise ordinance. ' � b) Exposure of people to severe noise levels? ( ) XX _ _ � . � DISCUSSION: Due to the high occupancy rating of such land uses the security plans must be implemented to discourage � e�Rerior activities that would disrupt adjacent properties. A security plan, traffc circulation and parking plan, lighting plan � � . � and��other appropriate mnditions of approval would be implemented through the conditional use permit process. { � Potentially Significant � - � Potentially Unless . less 7han � Significant Mitigation Significant No , Impact Incorporated Impact Impact � XI. PUBLIC SERVICES. Would theproposahhave an � � effect upon, or resWt in a need for new or altered � � govemment services in any of the following areas � � a) Fire protection? ( ) � _ XX _ , � DISCUSSION: The restaurant and nightclub may require calls for fre safety personnel.. Detailed plans would be � . submi@ed�and plan checked to ensure fre access at all times. Such places of public assembly are required tohave fre - � � sprinklers, fire e#inguishers, and unobstructed access to all entrances and exitr. . � b) Police protection? ( ) _ XX _ _ _ DISCUSSION: The restaurant and nightdub may require greater police enforcement �to prevent malicious mischief, The � _ establishment will be required to have security personnel and a detailed secanty plan. In addrtion, contracting with the � Los Angeles County Sheriff would be required on weekends to include a minimum of one (1) vehide and two (2) ' deputies. � _ c) � Schools? ( ) _ _ _ XX � d) Maintenance of public facilities, including roads? _ _ _ XX . � e) Other govemmental services? ( ) _ XX '_ � � � DISCUSSION: The restaurant and nigMdub would require frequent monitoring by City staff. The City would �monitor to � ensure that the public health, safety and general welfare are protected at all times. In addition, staff'must monitor �� , conditions of approval to ensure these land uses do not create a negative impact on properties in the vicinity. . �: . XII. UTILITIES AND SERVICE SYSTEMS. Would the � . proposal result in a need for new systems or suppties, . or substantial alterations to the following utilizes: � , ' a) Power or natural gas? ( ) _ _ XX , � b) . Communications systems? ( ) _ _ _ XX � c) Local or regional water treatment or _ _ XX � �� . distributionfiacilities?( ) d) Storm water drainage? ( ) _ _ _ XX � . e) Solid waste�disposal? ( ) _ _ _ XX . � � , � Local or regional water supplies? ( ) _ _ _ XX XIII. AES7HETICS. Would the proposal: . . � a) Affect a sceNC vista or scenic highway? ( ) _ _ _ XX ' ' � b) Have a��demonstrable negative aesthetic effed? _ XX _ I I i DISCUSSION: The restaurant and nightdub projed indudes substantial exterior improvements to be implemented at a . � later date. Such improvements indude a Spanish Mission type theme. The applicant would be required to submit . � detailed elevations and building plans, as well as material and color sample boards. The City would� ensure that sucli -� establishments comply with colors approved by the City CounciL In addition a comprehensive sign program is required to ensure that signs are consistent with the sign ordinance and exterior materials and colors are attractive. c) Create light or glare? ( ) _ XX _ � _ � DISCUSSION: A detailed lighting plan would be required to discourage loitering and mischief and ensure safety for the, I - ' customers and neighboring properties. In addition, such lighting plan would shield and dired light inward toward the , business and away from adjacent properties. � i I I Potentially � Significant Potentially Unless Less Than . Significant Mitigation Signi£cant No Impact Incorporated Impact Impact XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontology resources? ( ) _ _ _ XX b) Disturb archaeological resources? ( ) _ _ _ XX c) Affect historical resources? ( ) _ _ _ XX d) Have the potential to cause a physical change _ _ _ XX that would affed unique ethnic cultural values? . d) Restrict ezisting religious or sacred uses within _ _ _ XX � the potential impact area?( ) XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or _ _ _ XX "� regional parks or other recreaTional facilities? O � b) Affed existing recreational opportunities? O _ _ _ XX � XVI. MANDATORY FINDINGS OF SIGNIFICANCE. I ' I a) Does the projed have the potential to degrade _ _ _ XX - the quality of the environment, substantially I reduce the habitat of a fish or wildiife species, � cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant ; or animal community, reduce the number or restrict , the range of a rare or endangered plant or animal, or eliminate important examples of the major , periods of California history or prehis[ory? �, b) Does the project have the potential to achieve _ _ XX � short-term, to the disadvantage of long-term, � i environmentai goals? � r c) Does the project have impactr that are XX _ _ , individually limi[ed, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effeds of a project are considerable when viewed im m�nection wi[h the effects of past projects, the effects of other current projects, � and [he effectr of probable future projects.) DISCUSSION: The restaurant and nightdub includes conditions and mitigation measures to reduce potential impacts [o a level of insignificance. Detailed plans will be required to include security, traffic, and lighting. Other appropriate conditions will be implemented and monitored. d) Does the project have environmental effects _ XX _ _ which will cause substan[ial adverse affectr � on human beings, either directly or indirec[ly? ' DISCUSSION: The restaurant and nightclub may cause negative impacts pertaining to traffc, noise, light, police and othe issues. Detailed plans would be reviewed, public testimony [aken into account and very strid and specific conditions' approval implemented and monitored. [f the project does not satisry development standards or comply with mandato conditions, such application will be denied. If the project violates condi[ions of approval or threatens the public healt safety or welfare, revocation proceedings would be initiated. XVII. EARLIER ANALYSIS. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. ' b) Impacts adequately addressed. Identify which effects from the above checklist were within I the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the ( earlier analysis. � i c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," � describe the mitigation measures which were incorporated or refined from the earlier document I and the e�ent to which they address site-specific conditions for the project. i Authority: Public Resources Code Sections 21083 and 21087. ' � Reference: Public Resources Code Sections 21080(c), 21080.1, 21080.3, 21082.1, 21083, 21083.3, 21093, 21094, 21151; Sundstrom v. County of Mendocino, 202 Cal.App3d 296 (1988); I Leonoff v. Monterey Board of Supervisors, 222 Cal.App.3d 1337 (1990). i I i i I I