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Home My Public Portal About05-24-2005 PLANNING COMMISSIONCity o f LYNWOOD CC= ALL-AMERICA CITY � City vUeeting ChaQQenges ) � � D D � 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 X310) 6030220 AGENDA LYNWOOD PLANNING COMMISSION SPECIAL MEETING CITY HALL COUNCIL CHAMBERS 11330 BULLIS ROAD .m t- LYNWOOD, CA 90262 o'r''` r!�',.V:,,oO�; I May 24, 2005 MAY 19 2005 6:30 P.M. A`9 , PLANNING COMMISSIONERS Victor Gomez Chairperson ' J Carlos Manlapaz Kenneth West Jim Morton Commissioner Vice Chairperson Commissioner Lourdes Castro - Ramirez Rita Patel Juan Enciso Commissioner Commissioner Commissioner COMMISSION COUNSEL Jennifer Mizrahi, Deputy City Attorney STAFF Grant Taylor, Director Arthur Barfield, Development Services Planning Associate Jonathan Colin, Business License Manager H \ WORDFIUTLANNINGNGENDA \may24,2005 special doe Kimberly Acosta Administrative Analyst I -1- OPENING CEREMONIES 1. Call meeting to order. 2. Flag Salute. 3. Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minutes of Planning Commission Meetings: NONE CONTINUED PUBLIC HEARINGS NONE NEW PUBLIC HEARINGS NONE CONTINUED REGULAR AGENDA ITEMS NONE NEW REGULAR AGENDA ITEMS 6. Discussion Regarding Eminent Domain Proposal: Presentation from the Deputy City Attorney regarding public agency's use of eminent domain, existing law, and current litigation. Recommendation: Staff recommends that the Planning Commission accept a presentation, discuss, and receive and file. H IWOR FMETLANNW"GENDAIn 23 ,2005 special doc -2- 7. Discussion Regarding the Brown Act Proposal: Presentation from the Deputy City Attorney regarding the Brown Act and City's responsibilities for compliance with State Law. Recommendation: Staff recommends that the Planning Commission accept a presentation, discuss and receive and file. 8. Discussion Regarding Ethics and Conflicts of Interest Proposal: Presentation from the Deputy City Attorney regarding appointed official ethics and potential conflicts of interest. Recommendation: Staff recommends that the Planning Commission accept a presentation, discuss and receive and file. PUBLIC ORALS COMMISSION ORALS STAFF ORALS ADJOURNMENT Adjourn to the regular meeting of the Planning Commission to June 14, 2005 at 6:30 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California. H \WOR FRETLANNINGUGENOAM y24 ,2005 spend doc Sim AGENDA ITEM N0. CASE CIO. DATE; May 24, 2005 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Senior Planner SUBJECT: Discussion Regarding Eminent Domain ' Proposal: Deputy City Attorney Jennifer Mizrahi will be presenting a discussion on eminent domain address issues to include but not be limited to State Law, process, procedure, and current litigation. A brief power point illustration will be provided as an outline or guide for the presentation followed by discussion, questions and answers. Attached for Planning Commission review and consideration is eminent domain documentation prepared by the Deputy City Attorney. Recommendation: Staff recommends that the Planning Commission accept a presentation, discuss, and receive and file. H \WORDFILE�PLANNIN&STAFFRMmmo pc=nmtdomam.5 -24 -05 doc 1 AGENDA ITEM NO. 77 CASE NO. . sr DATE: May 24, 2005 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Senior Planner SUBJECT: Discussion Regarding the Ralph M. Brown Act Proposal: Deputy City Attorney Jennifer Mizrahi will be presenting a discussion on the Brown Act to include but not be limited to definitions, meetings, notices, and agendas. A brief power point illustration will be provided as an outline and guide for the presentation followed by discussion, questions and answers. Attached for Planning Commission review and consideration is text of the Brown Act prepared by the State Department of Justice. Recommendation: Staff recommends that the Planning Commission accept a presentation, discuss, and receive and file. H' \WORDFILE\PLANNING \SYAFFRPryo pc brow act 5 -24 -05 doc I BILL LOCKYER State of California Attorney General DEPARTMENT OF JUSTICE 1300 1 STREET, SUITE 125 P.O. BOX 944255 SACRAMENTO, CA 94244 -2550 INTRODUCTION Set forth below is the complete text of the Ralph M. Brown Act, as it appeared on January 1, 2001 This law governs notice and open meeting requirements for local bodies. A table of contents and explanatory headings have been included to assist you. In the future, our office plans to prepare a pamphlet that will discuss the requirements of the law along with interpretations included in court decisions and published opinions issued by our office. V r� TABLE OF CONTENTS n Page § 54950. Policy declaration 1 § 54950.5 Title I § 54951. Definition of local agency 1 § 54952. Definition of legislative body 1 § 54952.1 Definition of member of a legislative body 2 § 54952.2. Definition of meeting 2 § 54952.6. Definition of action taken 3 § 54952.7 Copies of Act; Distribution 3 §54953 Open meetings required; Teleconferencing; Secret ballots 4 § 54953.1 Grand jury testimony by members 4 § 54953.3. Conditions to attendance at meetings 5 § 54953.5 Recording meetings 5 § 54953.6. Broadcasting meetings 5 § 54953 7 Greater access to meetings permitted 5 § 54954. Notice of regular meetings; Boundary restrictions for all meetings 6 § 54954.1 Agenda information provided by mail; Fee 7 § 54954.2. Agenda requirements; Regular meetings 7 § 54954.3. Public's right to testify at meetings g § 54954.4 Reimbursement of costs 9 § 54954.5 Safe harbor agenda for closed sessions 9 § 54954.6. New taxes and/or assessments; Procedural requirements 12 § 54955 Adjournment 15 § 54955 1 Continuance 16 § 54956. Special meetings 16 § 54956.5 Emergency meetings 16 n § 54956.6. Fees 17 § 54956.7 Closed session; License application of rehabilitated criminal 17 § 54956.8. Closed session; Real estate negotiations 18 § 54956.86. Closed session; Health claims 18 § 54956.9 Closed session; Pending litigation 18 § 54956.95. Closed session; Insurance liability 20 § 54957 Closed session; Personnel and threat to public security 20 § 54957 1 Report at conclusion of closed session 21 § 54957.2. Minutes of closed session 23 § 54957.5. Agendas and other materials; Public records 23 § 54957.6. Closed session; Labor negotiations 24 § 54957 7 Announcement prior to closed sessions 24 § 54957.8. Closed session; Multijurisdictional drug enforcement agency 25 § 54957.9 Disruption of meeting 25 § 54958. Act supercedes conflicting laws 25 § 54959 Violation of Act; Criminal penalty 25 § 54960. Violation of Act; Civil remedies 26 § 54960.1 Violation of Act; Actions declared null and void 27 § 54960.5 Costs and attorney fees 28 § 54961 Discrimination; Disabled access; Fees for attendance; Disclosure of victims 28 § 54962. Closed session; Express authorization required 29 iii Ralph M. Brown Act 2001 CALIFORNIA GOVERNMENT CODE SECTIONS 54950 -54962 § 54950. Policy declaration 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know The people insist on remaining informed so that they may retain control over the instruments they have created. § 54950.5. Title 54950.5 This chapter shall be known as the Ralph M. Brown Act. § 54951. Definition of local agency 54951. As used in this chapter, "local agency" means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency § 54952. Definition of legislative body 54952. As used in this chapter, "legislative body" means: (a) The governing body of a local agency or any other local body created by state or federal statute. (b) A commission, committee, board, or other body of a local agency, whether permanent or temporary , decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body However, advisory committees, composed solely of the members of the legislative body which are less than a quonun of the I gislatrve body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter. (c) (1) A board, commission, committee, or other multimember body that governs a private corporation or entity that either: (A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation or entity (B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency (2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a pnvate corporation or entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation or entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member. (d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority § 54952.1. Definition of member of a legislative body 54952.1 Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office. § 54952.2. Definition of meeting 54952.2. (a) As used in this chapter, "meeting" includes any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains. (b) Except as authorized pursuant to Section 54953, any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item by the members of the legislative body is prohibited. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following: (1) Individual contacts or conversations between a member of a legislative body and any other person. (2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency (5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves 2 business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers. § 54952.6. Definition of action taken 54952.6. As used in this chapter, "action taken" means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance. § 54952.7. Copies of Act; Distribution 54952.7 A legislative body of a local agency may require that a copy of this chapter be given to each member of the legislative body and any person elected to serve as a member of the legislative body who has not assumed the duties of office. An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body § 54953. Open meetings required; Teleconferencing; Secret ballots 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) No legislative body shall take action by secret ballot, whether preliminary or final § 54953.1. Grand jury testimony by members 54953.1 The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a local agency from giving testimony in private before a grand jury, either as individuals or as a body § 54953.3. Conditions to attendance at meetings 54953.3 A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the room where the meeting is to be held, or is circulated to the persons present during the meeting, it shall state clearly that the signing, registering, or completion of the document is voluntary, and that all persons may attend the meeting regardless of whether a person signs, registers, or completes the document. § 54953.5. Recording meetings 54953.5. (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. (b) Any tape or film record of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the taping or recording. Any inspection of a video or tape recording shall be provided without charge on a video or tape player made available by the local agency § 54953.6. Broadcasting meetings 54953.6. No legislative body of a local agency shall prohibit or otherwise restrict the broadcast of its open and public meetings in the absence of a reasonable finding that the broadcast cannot be accomplished without noise, illumination, or obstruction of view that would constitute a persistent disruption of the proceedings. § = d953.7. Greater access to meetings permitted 54953.7 Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose such requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body § 34954. Notice of regular meetings; Boundary restrictions for all meetings 54954 (a) Each legislative body of a local agency, except for advisory committees or standing committees, shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings. Cl r' Meetings of advisory committees or standing committees, for which an agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision (a) of Section 54954.2, shall be considered for purposes of this chapter as regular meetings of the legislative body (b) Regular and special meetings of the legislative body shall be held within the boundaries of the territory over which the local agency exercises jurisdiction, except to do any of the following: (1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the local agency is a party (2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory over which the local agency exercises jurisdiction provided that the topic of the meeting is limited to items directly related to the real or personal property (3) Participate in meetings or discussions of multiagency significance that are outside the boundaries of a local agency's jurisdiction. However, any meeting or discussion held pursuant to this subdivision shall take place within the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for in this chapter. (4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office is located outside the territory over which the agency exercises jurisdiction. (5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of California when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. (6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility (7) Visit the office of the local agency's legal counsel for a closed session on pending litigation held pursuant to Section 54956.9, when to do so would reduce legal fees or costs. (c) Meetings of the governing board.of a school district shall be held within the district except under the circumstances enumerated in subdivision (b), or to do any of the following: (1) Attend a conference on nonadversarial collective bargaining techniques (2) Interview members of the public residing in another district with reference to the trustees' potential employment of the superintendent of that district. (3) Interview a potential employee from another district. (d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies, or as provided in subdivision (b). However, a joint powers authority which has members throughout the state may meet at any facility in the state which complies with the requirements of Section 54961 (e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe to meet in the place designated, the meetings shall be held for the duration of the emergency at the place designated by the presiding officer of the legislative body or his or her designee in a notice to the local media that have requested notice pursuant to Section 54956, by the most rapid means of communication available at the time. r` § 54954.1. Agenda information provided by mail; Fee 54954 1 Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, of any meeting of a legislative body be mailed to that person. Upon receipt of the written request, the legislative body or its designee shall cause the requested materials to be mailed at the time the agenda is posted pursuant to Section 54954.2 and 54956 or upon distribution to all, or a majority of all, of the members of a legislative body, whichever occurs first. Any request for mailed copies of agendas or agenda packets shall be valid for the calendar year in which it is filed, and must be renewed following January 1 of each year. The legislative body may establish a fee for mailing the agenda or agenda packet, which fee shall not exceed the cost of providing the service. Failure of the requesting person to receive the agenda or agenda packet Pursuant to this section shall not constitute grounds for invalidation of the actions of the legislative body taken at the meeting for which the agenda or agenda packet was not received. § 54954.2. Agenda requirements; Regular meetings 54954.2. (a) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3 In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5 (2) Upon a determination by a two- thirds vote of the members of the legislative body present at the meeting, or, if less than two- thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. § 54954.3. Public's right to testify at meetings 54954.3. (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, that is within the subject matter jurisdiction r f of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee's consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. (b) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carved out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. (c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law § 54954.4. Reimbursement of costs 54954.4 (a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of the Statutes of 1986, authorizing reimbursement to local agencies and school districts for costs mandated by the state pursuant to that act, shall be interpreted strictly The intent of the Legislature is to provide reimbursement for only those costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986. (b) In this regard, the Legislature directs all state employees and officials involved in reviewing or authorizing claims for reimbursement, or otherwise participating in the reimbursement process, to rigorously review each claim and authorize only those claims, or parts thereof, which represent costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986 and for which complete documentation exists. For purposes of Section 54954.2, costs eligible for reimbursement shall only include the actual cost to post a single agenda for any one meeting. (c) The Legislature hereby finds and declares that complete, faithful, and uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a matter of overriding public importance. Unless specifically stated, no future Budget Act, or related budget enactments, shall, in any manner, be interpreted to suspend, eliminate, or otherwise modify the legal obligation and duty of local agencies to fully comply with Chapter 641 of the Statutes of 1986 in a complete, faithful, and uninterrupted manner. § 54954.5. Safe harbor agenda for closed sessions 54954.5 For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe closed sessions as provided below No legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below, irrespective of its format. K (a) With respect to a closed session held pursuant to Section 54956.7 LICENSE/PERMIT DETERMINATION Applicant(s): (Specify number of applicants) (b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property (Specify street address, or if no street address, the parcel number or other unique reference, of the real property under negotiation) Agency negotiator: (Specify names of negotiators attending the closed session) Qf circumstances necessitate the absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Negotiating parties: (Specify name of party (not agent)) Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment, or both) (c) With respect to every item of business to be discussed in closed session pursuant to Section 54956.9• CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: (Specify by reference to claimant's name, names of parties, case or claim numbers) or Case name unspecified: (Specify whether disclosure would jeopardize service of process or existing settlement negotiations) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9• (Specify number of potential cases) (In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to subparagraphs (B) to (E), inclusive of paragraph (3) of subdivision (b) of Section 54956.9 ) Initiation of litigation pursuant to subdivision (c) of Section 54956.9• (Specify number of potential cases) (d) With respect to every item of business to be discussed in closed session pursuant to Section 54956.95• LIABILITY CLAIMS Claimant: (Specify name unless unspecified pursuant to Section 54961) Agency claimed against: (Specify name) r' (e) With respect to every item of business to be discussed in closed session pursuant to Section 54957 THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: (Specify name of law enforcement agency and title of officer) PUBLIC EMPLOYEE APPOINTMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: (Specify position title of employee being reviewed) PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (No additional information is required in connection with a closed session to consider discipline, dismissal, or release of a public employee. Discipline includes potential reduction of compensation.) (f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: (Specify names of designated representatives attending the closed session) (If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Employee organization: (Specify name of organization representing employee or employees in question) or Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations) (g) With respect to closed sessions called pursuant to Section 54957.8. CASE REVIEW/PLANNING (No additional information is required in connection with a closed session to consider case review or planning.) (h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code: REPORT INVOLVING TRADE SECRET Discussion will concern: (Specify whether discussion will concern proposed new service, program, or facility) Estimated date of public disclosure: (Specify month and year) HEARINGS Subject matter: (Specify whether testimony /deliberation will concern staff privileges, report of medical audit committee, or report of quality assurance committee) (i) With respect to every item of business to be discussed in closed session pursuant to Section 54956.86: CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW (No additional information is required in connection with a closed session to discuss a charge or complaint pursuant to Section 54956.86.) § 54954.6. New taxes and/or assessments; Procedural requirements 54954.6. (a) (1) Before adopting any new or increased general tax or any new or increased assessment, the legislative body of a local agency shall conduct at least one public meeting at which local officials shall allow public testimony regarding the proposed new or increased general tax or new or increased assessment in addition to the noticed public hearing at which the legislative body proposes to enact or increase the general tax or assessment. For purposes of this section, the term "new or increased assessment" does not include any of the following: (A) A fee that does not exceed the reasonable cost of providing the services, facilities, or regulatory activity for which the fee is charged. (B) A service charge, rate, or charge, unless a special district's principal act requires the service charge, rate, or charge to conform to the requirements of this section. (C) An ongoing annual assessment if it is imposed at the same or lower amount as any previous year. (D) An assessment that does not exceed an assessment formula or range of assessments previously specified in the notice given to the public pursuant to subparagraph (G) of paragraph (2) of subdivision (c) and that was previously adopted by the agency or approved by the voters in the area where the assessment is imposed. (E) Standby or immediate availability charges. (2) The legislative body shall provide at least 45 days' public notice of the public hearing at which the legislative body proposes to enact or increase the general tax or assessment. The legislative body shall provide notice for the public meeting at the same time and in the same document as the notice for the public hearing, but the meeting shall occur prior to the hearing. (b) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased general tax shall be accomplished by placing a display advertisement of at least one- eighth page in a newspaper of general circulation for three 10 r i weeks pursuant to Section 6063 and by a first -class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the first publication of the joint notice pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include notice of the public meeting after the meeting has taken place. The public hearing pursuant to subdivision (a) shall take place no earlier than 45 days after the first publication of the joint notice pursuant to this subdivision. Any written request for mailed notices shall be effective for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (2) The notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following: (A) The amount or rate of the tax. If the tax is proposed to be iticreased from any previous year, the joint notice shall separately state both the existing tax rate and the proposed tax rate increase. (B) The activity to be taxed. (C) The estimated amount of revenue to be raised by the tax annually (D) The method and frequency for collecting the tax. (E) The dates, times, and locations of the public meeting and hearing described in subdivision (a). (F) The phone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the tax. (c) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased assessment on real property shall be accomplished through a mailing, ppostage prepaid, in the United States mail and shall be deemed given when so deposited. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the joint mailing pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. The envelope or the cover of the mailing shall include the name of the local agency and the return address of the sender. This mailed notice shall be in at least 10 -point type and shall be given to all property owners proposed to be subject to the new or increased assessment by a mailing by name to those persons whose names and addresses appear on the last equalized county assessment roll or the State Board of Equalization assessment roll, as the case may be. (2) The joint notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following: (A) The estimated amount of the assessment per parcel. If the assessment is proposed to be increased from any previous year, the joint notice shall separately state both the amount of the existing assessment and the proposed assessment increase. (B) A.general description of the purpose or improvements that the assessment will fund. (C) The address to which property owners may mail a protest against the assessment. (D) The phone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the assessment. 11 (E) A statement that a majority protest will cause the assessment to be abandoned if the assessment act used to levy the assessment so provides. Notice shall also state the percentage of protests required to trigger an election, if applicable. (F) The dates, times, and locations of the public meeting and hearing described in subdivision (a). (G) A proposed assessment formula or range as described in subparagraph (D) of paragraph (1) of subdivision (a) if applicable and that is noticed pursuant to this section. (3) Notwithstanding paragraph (1), in the case of an assessment that is proposed exclusively for operation and maintenance expenses imposed throughout the entire local agency, or exclusively for operation and maintenance assessments proposed to be levied on 50,000 parcels or more, notice may be provided pursuant to this subdivision or pursuant to paragraph (1) of subdivision (b) and shall include the estimated amount of the assessment of various types, amounts, or uses of property and the information required by subparagraphs (B) to (G), inclusive, of paragraph (2) of subdivision (c). (4) Notwithstanding paragraph (1), in the case of an assessment proposed to be levied pursuant to Part 2 (commencing with Section 22500) of Division 2 of the Streets and Highways Code by a regional park district, regional park and open -space district, or regional open -space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26 (commencing with Section 35100) of, the Public Resources Code, notice may be provided pursuant to paragraph (1) of subdivision (b). (d) The notice requirements imposed by this section shall be construed as additional to, and not to supersede, existing provisions of law, and shall be applied concurrently with the existing provisions so as to not delay or prolong the governmental decisionmaking process. (e) This section shall not apply to any new or increased general tax or any new or increased assessment that requires an election of either of the following: (1) The property owners subject to the assessment. (2) The voters within the local agency imposing the tax or assessment. (f) Nothing in this section shall prohibit a local agency from holding a consolidated meeting or hearing at which the legislative body discusses multiple tax or assessment proposals. (g) The local agency may recover the reasonable costs of public meetings, public hearings, and notice required by this section from the proceeds of the tax or assessment. The costs recovered for these purposes, whether recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of the public meetings, public hearings, and notice. (h) Any new or increased assessment that is subject to the notice and hearing provisions of Article XIIIC or XIIID of the California Constitution is not subject to the notice and hearing requirements of this section. § 54955. Adjournment 54955 The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the legislative body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of the adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special 12 or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule. § 54955.1. Continuance 54955 1 Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the legislative body in the same manner and to the same extent set forth in Section 54955 for the adjournment of meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. § 54956. Special meetings 54956. A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before-die time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. § 54956.5. Emergency meetings 54956.5. In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24 -hour notice requirement or the 24 -hour posting requirement of Section 54956 or both of the notice and posting requirements. For purposes of this section, "emergency situation" means any of the following: (a) Work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body (b) Crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body However, each local newspaper of general circulation and radio or television station which has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting by telephone and all telephone numbers provided in the most recent request of such newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any.action taken at the meeting as soon after the meeting as possible. 13 r Notwithstanding Section 54957, the legislative body shall not meet in closed session during a meeting called pursuant to this section. All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24 -hour notice requirement. The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. §54956.6. Fees 54956.6. No fees may be charged by the legislative body of a local agency for carrying out any provision of this chapter, except as specifically authorized by this chapter. § 54956.7. Closed session; License application of rehabilitated criminal 54956.7 Whenever a legislative body of a local agency determines that it is necessary to discuss and determine whether an applicant for a license or license renewal, who has a criminal record, is sufficiently rehabilitated to obtain the license, the legislative body may hold a closed session with the applicant and the applicant's attorney, if any, for the purpose of holding the discussion and making the determination. If the legislative body determines, as a result of the closed session, that the issuance or renewal of the license should be denied, the applicant shall be offered the opportunity to withdraw the application. If the applicant withdraws the application, no record shall be kept of the discussions or decisions made at the closed session and all matters relating to the closed session shall be confidential. If the applicant does not withdraw the application, the legislative body shall take action at the public meeting during which the closed session is held or at its next public meeting denying the application for the license but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the applicant, except in an action by an applicant who has been denied a license challenging the denial of the license. § 54956.8. Closed session; Real estate negotiations 54956.8. Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by orTor the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate. For purposes of this section, negotiators may be members of the legislative body of the local agency For purposes of this section, "lease" includes renewal or renegotiation of a lease. Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9 § 54956.86. Closed session; Health claims 54956.86. Notwithstanding any other provision of this chapter, a legislative body of a local agency which provides services pursuant to Section 14087.3 of the Welfare and Institutions Code may hold a closed session to hear a charge or complaint from a member enrolled in its health plan if the member does not wish to have his or her name, medical status, or other information that is protected by federal law publicly disclosed. Prior to holding a closed session pursuant to this 14 f f section, the legislative body shall inform the member, in writing, of his or her right to have the charge or complaint heard in an open session rather than a closed session. § 54956.87. Record Exempt; Closed Session; County Health Plan 54956.87 (a) Notwithstanding any other provision of this chapter, the records of a health plan that is licensed pursuant to the Knox -Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper records, records maintained in the management information system, or records in any other form, that relate to provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulae or calculations for these payments, and contract negotiations with providers of health care for alternative rates are exempt from disclosure for a period of three years after the contract is fully executed. The transmission of the records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute a waiver of exemption from disclosure, and the records and information once transmitted to the board of supervisors shall be subject to this same exemption. (b) Notwithstanding any other provision of law, the governing board of a health plan that is licensed pursuant to the Knox -Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors may order that a meeting held solely for the purpose of discussion or taking action on health plan trade secrets, as defined in subdivision (c) of Section 32106 of the Health and Safety Code, shall be held in closed session. The requirements of making a public report of action taken in closed session, and the vote or abstention of every member present, may be limited to a brief general description without the information constituting the trade secret. (c) The governing board may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session held pursuant to subdivision (b) that are provided to persons who have made the timely or standing request. (d) Nothing in this section shall be construed as preventing the governing board from meeting in closed session as otherwise provided by law (e) The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The provisions of this section also shall not prevent access to any records by the Department of Corporations in the exercise of its powers pursuant to Article 1 (commencing with Section 1340) of Chapter 2.2 of Division 2 of the Health and Safety Code. § 54956.9. Closed session; Pending litigation 54956.9 Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation. For purposes of this chapter, all expressions of the lawyer- client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of the lawyer - client, privilege for purposes of conducting closed- session meetings pursuant to this chapter. For purposes of this section, "litigation" includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. is r For purposes of this section, litigation shall be considered pending when any of the following circumstances exist: (a) Litigation, to which the local agency is a party, has been initiated formally (b) (1) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency (2) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (1) of this subdivision. (3) For purposes of paragraphs (1) and (2), "existing facts and circumstances" shall consist only of one of the following: (A) Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. (B) Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced. (C) The receipt of a claim pursuant to the Tort Claims Act or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5. (D) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body , (E) A statement threatening litigation made by a person outside an open and public meeting on a specific matter within the responsibility of the legislative body so long as the official or employee of the local agency receiving knowledge of the threat makes a contemporaneous or other record of the statement prior to the meeting, which record shall be available for public inspection pursuant to Section 54957.5 The records so created need not identify the alleged victim of unlawful or tortious sexual conduct or anyone making the threat on their behalf, or identify a public employee who is the alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation is based, unless the identity of the person has been publicly disclosed. (F) Nothing in this section shall require disclosure of written communications that are privileged and not subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). (c) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state on the agenda or publicly announce the subdivision of this section that authorizes the closed session. If the session is closed pursuant to subdivision (a), the body shall state the title of or otherwise specifically identify the litigation to be discussed, unless the body states that to do so would jeopardize the agency's ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. A local agency shall be considered to be a "party" or to have a "significant exposure to litigation" if an officer or employee of the local agency is a party or has significant exposure to litigation concerning prior or prospective activities or alleged activities during the course and scope of that 16 office or employment, including litigation in which it is an issue whether an activity is outside the course and scope of the office or employment. § 54956.95. Closed session; Insurance liability 54956.95 (a) Nothing in this chapter shall be construed to prevent a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, for purposes of insurance pooling, or a local agency member of the joint powers agency, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses, or workers' compensation liability incurred by the joint powers agency or a local agency member of the joint powers agency (b) Nothing in this chapter shall be construed to prevent the Local Agency Self- Insurance Authority formed pursuant to Chapter 5.5 (commencing with Section 6599.01) of Division 7 of Title 1, or a local agency member of the authority, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses, or workers' compensation liability incurred by the authority or a local agency member of the authority (c) Nothing in this section shall be construed to affect Section 54956.9 with respect to any other localagency § 54957. Closed session; Personnel and threat to public security 54957 Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency from holding closed sessions with the Attorney General, district attorney, sheriff, or chief of police, or their respective deputies, on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities, or from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session. As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee, the employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any disciplinary or other action taken by the legislative body against the employee based on the specific complaints or charges in the closed session shall be null and void. The legislative body also may exclude from the public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body For the purposes of this section, the term "employee" shall include an officer or an independent contractor who functions as an officer or an employee but shall not include any elected official, member of a legislative body or other independent contractors. Nothing in this section shall limit local officials' ability to hold closed session meetings pursuant to Sections 1461, 32106 and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held pursuant to this section shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. § 54957.1. Report at conclusion of closed session 54957.1 (a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention of every member present thereon, as follows: 17 (1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is final, as specified below- (A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in.open session at the public meeting during which the closed session is held. (B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent has informed the local agency of its approval. (2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency's ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (3) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any stage prior to or during a judicial or quasi - judicial proceeding shall be reported after the settlement is final, as specified below (A) If the legislative body acce�ts a settlement offer signed by the opposing parry, the body shall report its acceptance and identi the substance of the agreement in open session at the public meeting during which the close session is held. (B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final, and upon inquiry by any person, the local agency shall disclose the fact of that approval, and identify the substance of the agreement. (4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against, the substance of the claim, and any monetary amount approved for payment and agreed upon by the claimant. (5) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the title of the position. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any (6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section 54957.6 shall be reported after the agreement is final and has been accepted or ratified by the other party The report shall identify the item approved and the other party or parties to the negotiation. (b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 54954 1 or 54956, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements, or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the 18 related documents requiring retyping, the documents need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body or his or her designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information. (c) The documentation referred to in paragraph (b) shall be available to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete. (d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise subject to legislative body approval. (e) No action for injury to a reputational, liberty, or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this section. § 54957.2. Minutes of closed session 54957.2. (a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other officer or employee of the local agency who shall then attend each closed session of the legislative body and keep and enter in a minute book a record of topics discussed and decisions made at the meeting. The minute book made pursuant to this section is not a public record subject to inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall be kept confidential. The minute book shall be available only to members of the legislative body or, if a violation of this chapter is alleged to have occurred at a closed session, to a court of general jurisdiction wherein the local agency lies. Such minute book may, but need not, consist of a recording of the closed session. (b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a). § 54957.5. Agendas and other materials; Public records 54957.5 (a) Notwithstanding Section 6255 or any other provisions of law, agendas of public meetings and any other writings, when distributed to all, or a majority of all, of the members of a legislative body of a local agency by any person in connection with a matter subject to discussion or consideration at a public meeting of the body, are disclosable public records under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall be made available upon request without delay However, this section shall not include any writing exempt from public disclosure under Section 6253.5, 6254, or 6254 7 (b) Writings that are public records under subdivision (a) and that are distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. (c) Nothing in this chapter shall be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 6257 (d) This section shall not be construed to limit or delay the public's right to inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). Nothing in this chapter shall be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication. 19 § 54957.6. Closed session; Labor negotiations 54957.6. (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency's designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives. Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency's designated representatives. Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees. Closed sessions with the local agency's designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agency's available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency's designated representative. Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or more unrepresented employees. For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. (b) For the purposes of this section, the term "employee" shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors. § 54957.7. Announcement prior to closed sessions 54957 7 (a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative body may consider only those matters covered in its statement. Nothing in this section shall require or authorize a disclosure of information prohibited by state or federal law (b) After any closed session, the legislative body shall reconvene into open session prior to adjournment and shall make any disclosures required by Section 54957 1 of action taken in the closed session. (c) The announcements required to be made in open session pursuant to this section may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements. § 54957.8. Closed session; Multijurisdictional drug enforcement agency •54957.8. Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional drug law enforcement agency, or an advisory body of a multijurisdictional drug law enforcement agency, from holding closed sessions to discuss the case records of any ongoing criminal investigation of the multijurisdictional drug law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases. 10411 "Multijurisdictional drug law enforcement agency," for purposes of this section, means a joint powers entity formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, which provides drug law enforcement services for the parties to the joint powers agreement. The Legislature finds and declares that this section is within the public interest, in that its provisions are necessary to prevent the impairment of ongoing law enforcement investigations, to protect witnesses and informants, and to permit the discussion of effective courses of action in particular cases. § 54957.9. Disruption of meeting 54957.9 In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. § 54958. Act supercedes conflicting laws 54958. The provisions of this chapter shall apply to the legislative body of every local agency notwithstanding the conflicting provisions of any other state law § 54959. Violation of Act; Criminal penalty 54959 Each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of any provision of this chapter, and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under this chapter, is guilty of a misdemeanor. § 54960. Violation of Act; Civil remedies 54960. (a) The district attorney or any interested person may commence an action by mandamus, injunction or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to actions or threatened future action of the legislative body, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to tape record its closed sessions as hereinafter provided. (b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, order the legislative body to tape record its closed sessions and preserve 'the tape recordings for the period and under the terms of security and confidentiality the court deems appropnate. (c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording. (2) The tapes shall be subject to the following discovery procedures: (A) In any case in which discovery or disclosure of the tape is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter has occurred in a closed session which has been recorded pursuant to P*4 this section, the parry seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency which has custody and control of the tape recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure. (B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following: (i) Identification of the proceeding in which discovery or disclosure is sought, the parry seeking discovery or disclosure, the date and time of the meeting recorded, and the governmental agency which has custody and control of the recording. (ij) An affidavit which contains specific facts indicating that a violation of the act occurred in the closed session. (3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act. (4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding. (5) Nothing in this section shall permit discovery of communications which are protected by the attorney-client privilege. § 54960.1. Violation of Act; Actions declared null and void 54960.1 (a) The district attorney or any interested person may commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that an action taken by a legislative body of a local agency in violation of Section 54953, 54954.2, 54954.5, 54954.6, or 54956 is null and void under this section. Nothing in this chapter shall be construed to prevent a legislative body from curing or correcting an action challenged pursuant to this section. (b) Prior to any action being commenced pursuant to subdivision (a), the district attorney or interested person shall make a demand of the legislative body to cure or correct the action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, or 54956. The demand shall be in writing and clearly describe the challenged action of the legislative body and nature of the alleged violation. (c) (1) The written demand shall be made within 90 days from the date the action was taken unless the action was taken in an open session but in violation of Section 54954.2, in which case the written demand shall be made within 30 days from the date the action was taken. (2) Within 30 days of receipt of the demand, the legislative body shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct or inform the demanding party in writing of its decision not to cure or correct the challenged action. (3) If the legislative body takes no action within the 30 -day period, the inaction shall be deemed a decision not to cure or correct the challenged action, and the 15 -day period to commence the action described in subdivision (a) shall commence to run the day after the 30 -day period to cure or correct expires. (4) Within 15 days of receipt of the written notice of the legislative body's decision to cure or correct, or not to cure or correct, or within 15 days of the expiration of the 30 -day period to cure or correct, whichever is earlier, the demanding party shall be required to commence the action .pursuant to subdivision (a) or thereafter be barred from commencing the action. 22 , (d) An action taken that is alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, or 54956 shall not be determined to be null and void if any of the following conditions exist: (1) The action taken was in substantial compliance with Sections 54953, 54954.2, 54954.5, 54954.6, and 54956. (2) The action taken was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness or any contract, instrument, or agreement thereto. (3) The action taken gave rise to a contractual obligation, including a contract let by competitive bid other than compensation for services in the form of salary or fees for professional services, upon which a party has, in good faith and without notice of a challenge to the validity of the action, detrimentally relied. (4) The action taken was in connection with the collection of any tax. (5) Any person, city, city and county, county, district, or any agency or subdivision of the state alleging noncompliance with subdivision (a) of Section 54954.2, Section 54956, or Section 54956.5, because of any defect, error, irregularity, or omission in the notice given pursuant to those provisions, had actual notice of the item of business at least 72 hours prior to the meeting at which the action was taken, if the meeting was noticed pursuant to Section 54954.2, or 24 hours prior to the meeting at which the action was taken if the meeting was noticed pursuant to Section 54956, or prior to the meeting at which the action was taken if the meeting is held pursuant to Section 54956.5 (e) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines, pursuant to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, or 54956 has been cured or corrected by a subsequent action of the legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice. (f) The fact that a legislative body takes a subsequent action to cure or correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter. § 54960.5. Costs and attorney fees 54960.5 A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960 or 54960.1 where it is found that a legislative body of the local agency has violated this chapter. The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency A court may award court costs and reasonable attorney fees to a defendant in any action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit. § 54961. Discrimination; Disabled access; Fees for attendance; Disclosure of victims 54961 (a) No legislative body of a local agency shall conduct any meeting in any facility that prohibits the admittance of any person, or persons, on the basis of race, religious creed, color, national origin, ancestry, or sex, or which is inaccessible to disabled persons, or where member of the public may not be present without making a payment or purchase. This section shall apply to every local agency as defined in Section 54951 (b) No notice, agenda, announcement, or report required under this chapter need identify any victim or alleged victim of tortious sexual conduct or child abuse unless the identity of the person has been publicly disclosed. 23 t § 54962. Closed session; Express authorization required 54962. Except as expressly authorized by this chapter, or by Sections 1461, 1462, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code as they apply to hospitals, or by any provision of the Education Code pertaining to school districts and community college districts, no closed session may be held by any legislative body- of any local agency I: \Gvt\Prim\Final\Brown Act 01 24 DATE: May 24, 2005 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Senior Planner SUBJECT: Discussion Regarding Ethics and Conflicts of Interest Proposal: Deputy City Attorney Jennifer Mizrahi will be presenting a discussion on ethics and conflicts of interest pertaining to public officials obligations. A brief power point illustration will be provided as an outline and guide for the presentation followed by discussion, questions and answers. Attached for Planning Commission review and consideration is text from the California Fair Political Practices Commission. Recommendation: Staff recommends that the Planning Commission accept a presentation, discuss, and receive and file. H \WORDFILE\PLANNIN&STAFFRPTPmemo pc.etlucs,confltctsmterest 5 -24 -05 foc r Obligation Un der I Po R efor m Act f C on fl i ct - of - Intere st M f� . I r" Page 2 CF r Fair 9 EK �F �Pspm Political ® 01 Practices CgLIF ItA P commission Many of you may have been confronted with such questions. This booklet is offered by the FPPC as a general overview of your obliga- tions under the Political Reform Act's conflict - of- interest rules. Using non - technical terms, the booklet is aimed at helping you understand your obligations at the "big picture" level and to help guide you to more detailed resources. Stripped of legal jargon: ➢ You have a conflict of interest with regard to a particular government decision if it is suf- ficiently likely that the outcome of the deci- sion will have an important impact on your Fair Political Practices Commission Page 3 economic interests, and ➢ if a significant portion of your jurisdiction does not also feel the important impact on their economic interests. The voters who enacted the Political Re- form Act by ballot measure in 1974 judged such circumstances to be enough to influence, or to appear to others to influence, your judg- ment with regard to that decision. The most important thing you can do to comply with this law is to learn to recognize the economic interests from which a conflict of in- terest can arise. No one ever has a conflict of Page 4 interest "on general principles" under the Act. A conflict of interest can only arise from particu- lar kinds of economic interests, which are ex- plained in non - technical terms later in this booklet. If you learn to understand these inter- ests and to spot potential problems, the battle is mostly won because you can then seek help on the more technical details of the law from your agency's legal counsel or from the Califor- nia Fair Political Practices Commission. The Commission's toll -free advice line is 1 -866 ASK- FPPC (1- 866 -275- 3772). Under rules adopted by the FPPC, decid- ing whether you have a financial conflict of in- terest under the Political Reform Act is an eight -step process. If you methodically think through the steps whenever you think there may be a problem, you can avoid most — if not all — mistakes. These steps are spelled out and explained in general terms in this booklet. If you learn nothing else from this book- let, remember these things: ➢ This law applies only to financial con- flicts of interest; that is, conflicts of in- terest arising from economic interests. ➢ Whether you have a conflict of interest that disqualifies you depends heavily on i I r Fair Political Practices Commission Page 5 Eight steps to help you decide Step One: Are you a "public officiaV.'„ within the meaning of the rules? L�4E� Step Two: Are you making, partici- pating in making, or influencing a governmental decision? Step Three: What are your economic interests? That is, what are the possible sources of a financial conflict of interest? Step Four: Are your economic interests directly or indirectly involved in the governmental decision? Step Five: What kinds of financial impacts on your economic interests are considered important enough to trigger a conflict of interest? V Step Six: The important question: Is it substan- P tially likely that the governmental decision will re- sult in one or more of the materiality standards be- ing met for one or more of your economic inter- ests? Step Seven: If you have a conflict of interest, does the "public generally" exception apply? a 'gT 1 , Step Eight: Even if you have a disqualifying conflict of interest, is your participation legally required? M . the facts of each governmental decision. ➢ The most important proactive step you can take to avoid conflict of interest problems is learning to recognize the eco- nomic interests from which conflicts of interest can arise. Here are the eight steps in more detail and a non - technical explanation of each: Public Official Step One -- Are you a "public of within the meaning of the rules? The Act's conflict -of- interest rules apply to "public officials" as defined in the law. This first step in the analysis is usually a formal- ity — you are probably a public official covered by the rules. If you are an elected official or an employee of a state or local government agency who is designated in your agency's conflict -of- interest code, you are a "public official." If you file a Form 700 statement of economic interests (S.E.I.) each year, you are a "public official" un- der the Act (Even if you are not required to file a Form 700, in some cases you. may still be considered a public official because the defini- /f . Fair Political Practices Commission Page 7 tion covers more than specifically designated employees). The cases that are tougher to de- termine typically involve consultants, invest- ment managers and advisers, and public - private partnerships. If you have any doubts, contact your agency's legal counsel or the FPPC. Governmental Decision Step Two -- Are you making, participating in making, or influencing a governmental decision? The second step in the process is deciding if you are engaging in the kind of conduct regu- lated by the conflict -of- interest rules. The Act's conflict -of- interest rules apply when you: ➢ Make a governmental decision (for example, by voting or making an appointment). ➢ Participate in making a governmental deci- sion (for example, by giving advice or mak- ing recommendations to the decision - maker). ➢ Influence a governmental decision by com- municating with the decision - maker. A good rule of thumb for deciding whether your actions constitute making, participating in making, or influencing a governmental decision is to ask yourself if you are exercising discretion or judgment with regard to the decision. If the answer is "yes," then your conduct with regard to the decision is very probably covered. Economic Interests Step Three -- What are your economic in- terests? That is, what are the possible sources of a financial conflict of interest? From a practical point of view, this third step is the most important part of the law for you. The Act's conflict - of- interest provisions apply only to conflicts of interest arising from economic interests. There are six kinds of such economic interests from which conflicts of "The most important thing you can do to comply with this law is to learn to recognize the economic interests from which a conflict of interest can arise." interest can arise. ➢ Business Investment. You have an eco- nomic interest in a business entity in which you, your spouse, your dependent children or anyone acting on your behalf has in- vested $2,000 or more. ➢ Business Employment or Management. You have an economic interest in a business entity for which you are a director, officer, Fair Political Practices Commission partner, trustee, employee, or hold any posi- tion of management. ➢ Real Property. You have an eco- nomic interest in real property in which you, your spouse, your de- pendent children or anyone acting on your behalf has in- vested $2,000 or more, and also in certain leasehold. interests. ➢ Sources of Income. You have an economic interest in anyone, whether an individual or an organization, from whom you have re- ceived (or from whom you have been prom- ised) $500 or more in income within 12 months prior to the decision about which you are concerned. When thinking about sources of income, keep in mind that you have a community property interest in your spouse's income -- a person from whom your spouse receives income may also be a source of a conflict of interest to you. Also keep in mind that if you, your spouse or your dependent children own 10 percent of more of a business, you are considered to be receiving "pass- through" income from the business's clients. In other words, the busi- r �. C Page 10 ness's clients may be considered sources of income to you. ➢ Gifts. You have an economic interest in anyone, whether an individual or an organi- zation, who has given you gifts which total $340 or more within 12 months prior to the decision about which you are concerned. ➢ Personal Financial Effect. You have an economic interest in your personal ex- penses, income, assets, or liabilities, as well as those of your immediate family. This is known as the "personal _financial effects" rule. If these expenses, income, assets or li- abilities are likely to go up or down by $250 or more in a 12 -month period as a result of the governmental decision, then the decision has a "personal financial effect" on you. On the Statement of Economic Interests (Form 700) you file each year, you disclose many of the economic interests that could cause a conflict of interest for you. However, be aware that not all of the economic interests . that may cause a conflict .of interest are listed on the Form 700. A good example is your home. It is common for a personal residence to be the economic interest that triggers a conflict of interest even though you are not required to disclose the home on the Form 700. t ' r Fair Political Practices Commission Page 11 Directly or Indirectly Involved? Step Four -- Are your economic interests directly or indirectly involved in the governmen- tal decision? An economic interest which is directly in- volved in — and therefore directly affected by — a governmental decision creates a bigger risk of a conflict of interest than does an economic in- terest which is only indirectly involved in the decision. As a result, the FPPC's conflict -of- interest regulations distinguish between eco- nomic interests that are directly involved and interests that are indirectly involved. Once you have identified your economic interests; you must next decide if they are di- rectly involved in the governmental decision r Page 12 about which you are concerned. The FPPC has established specific rules for determining whether each kind of economic interest is di- rectly or indirectly involved in a governmental decision. The details of these rules are beyond the scope of this guide. In general, however, an economic interest is directly involved if it is the subject of the governmental decision. For ex- ample, if the interest is real property, and the decision is whether to grant a permit or vari- ance on the property, the interest is directly in- volved. If the interest is a business, and the de- cision is whether to grant a license for which the business has applied, the interest is di- rectly involved. These are just examples; you should con- tact your agency counsel, the FPPC and the specific regulations if you have questions as each case arises. Note also that the next step in the analysis — applying the right standard for whether an impact is material — depends in part on whether the interest is directly or indi- rectly involved. The regulations — Sections 18704 through 18704.5 — and other helpful information can be found on the FPPC's web site, www.fppc.ca.gov. Fair Political Practices Commission Page 13 Materia litu tImborta Step Five -- What kinds of financial im- pacts on your economic interests are considered important enough to trigger a conflict of interest? At the heart of deciding whether you have a conflict of interest is a prediction: Is it sufficiently likely that the governmental deci- sion will have a material financial effect on your economic interests? As used here, the word "material' is akin to the term "important." You will have a conflict of interest only if it is reasonably foreseeable that the governmental decision will have an important impact on your economic interests. The FPPC has adopted rules for deciding what kinds of financial effects are important enough to trigger a conflict of interest. These rules are called "materiality standards," that is, they are criteria or guidelines for judging what A good idea - � • Call for toll- free OP advice at: 1- 866- ASK- FPPC (1- 866- 275- 3772) Page 14 kinds of financial 'impacts resulting from gov- ernmental decisions are considered material or important. There are too many of these.rules to review in detail in this booklet. Again, you can seek advice for your agency counsel or the FPPC. However, to understand the rules at a "big pic- ture" level, remember these facts: 1] If the economic interest is directly involved in the governmental decision, the standard or threshold deeming a financial impact to be mate- rial is stricter (i.e. lower). This is be- cause an economic interest that is di- rectly involved in a governmental deci- sion presents a big- ger conflict -of- interest risk- for the public of- ficial who holds the interest. ➢ On the other hand, if the economic interest is not directly involved, the materiality stan- dard is more lenient because the indirectly involved interest presents a lesser danger of a conflict of interest. ➢ There are different sets of standards for the Fair Political Practices Commission Page 15 different types of economic interests. That is, there is one set of materiality standards for business entities, another set for real property interests, and so on. ➢ The rules vary by the size and situation of the economic interest. For example, a mo- ment's thought will tell you that a $20,000 impact resulting from a governmental deci- sion may be crucial to a small business, but may be a drop in the bucket for a big corpo- ration. For example, the materiality stan- dards distinguish between large and small businesses, between real property which is close or far from property which is the sub- ject of the decision. Does a Conflict of Interest Result? Step STx -- Is it substantially likely that the governmental decision will result in one or more of the materiality standards being met for one or more of your economic interestsP As already mentioned in the introduc- tion, the heart of the matter is deciding whether it is sufficiently likely that the outcome of the decision will have an important impact on your economic interests. Page 16 What does "sufficiently likely" mean? Put another way, how "likely" is "likely enough ?" The Political Reform Act uses the words "reasonably foreseeable." The FPPC has inter- preted these words to mean "substantially likely." Generally speaking, the likelihood need not be a certainty, but it must be more than merely possible. A concrete way to think about this is to ask yourself the following question: Is it sub- stantially likely that one of the materiality stan- dards I identified in step five will be met as a result of the government decision? Step six calls for a factual judgment, not necessarily a legal one. You must look at your economic in- terest and how it fits into the entire factual pic- ture surrounding the decision. "Public Ge nera ll . am Step Seven -- If you have a conflict of in- terest, does the `public generally" exception ap- ply? Does your conflict of interest disqualify you? Not all conflicts of interest prevent you from lawfully taking part in the government de- cision at hand. Even if you otherwise have a conflict of interest, you are not disqualified Fair Political Practices Commission Page 17 from the decision if the "public generally" ex- ception applies. This exception exists because you are less likely to be biased by a financial impact when a significant part of the community is substantially likely to feel essentially the same impact from a governmental decision that your economic interests are likely to feel. If you can show that a significant segment of your juris- diction feels a financial impact which is sub- stantially similar to the impact on your eco- nomic interest, then the exception applies. The "public generally" exception must be considered with care. You may not just as- sume that it applies. There are specific rules for identifying the specific segments of the gen- eral population with which you may compare your economic interest, and specific rules for deciding whether the financial impact is sub- stantially similar. Again, contact your agency counsel, the FPPC and the specific rules for ad- vice and details. Are y ou required to participate? Step Eight -- Even if you have a disquali- fying conflict of interest, is your participation le- gally required? I Page 18 In certain rare circumstances, you may be called upon to take part in a decision de- spite the fact that you have a disqualifying con- flict of interest. This "legally required participa- tion" rule applies only in certain very specific circumstances in which your government agency would be paralyzed, unable to act. You are most strongly encouraged to seek advice from your agency legal counsel or the FPPC be- fore you act under this rule. Conclusion Generally speaking, here are the keys to meet- ing your obligations under the Political Reform Act's conflict -of- interest laws: ➢ Know the purpose of the law, which is to prevent bi- ases, actual and apparent, which result from the finan- cial interests of the decision- makers. ➢ Learn to spot potential trouble early. Understand which of your economic inter- ests could give rise to a con- flict of interest. ➢ Understand the "big picture" of the rules. For example, know why the rules distinguish Fair Political Practices Commission Page 19 between directly and indirectly involved in- terests, and why the public generally excep- tion exists. ➢ Realize the importance of the facts. Deciding whether you have a disqualifying conflict of interest depends just as much — if not more — on the facts of your particular situation as it does on the law. ➢ Don't try to memorize all of the specific con - flict-of- interest rules. The rules are complex, and the penalties for violating them are sig- nificant. Learn to understand the "big pic- ture." You'll then be able to look up or ask about the particular rules you need to apply to any given case. ➢ Don't be afraid to ask for advice. It is avail- able from your agency's legal counsel and from the FPPC. How To Contact Us: By mail: Fair Political Practices Commission I' • : • :1 428 J Street, Suite 620 Sacramento, CA 95812 -0807 Internet: www.fppc.ca.gov By telephone: Toll -free advice line: 1- 866 - ASK -FPPC (1- 866- 275 -3772) Regular line: 1- 916 - 322 -5660 Enforcement hot -line: 1- 800 -561 -1861 City of LYNWOOD LA City �Mcking C dhpges 11 1 I 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 AGENDA LYNWOOD PLANNING COMMISSION CITY HALL COUNCIL CHAMBERS 11330 BULLIS ROAD J '7\ LYNWOOD, CA 90262 July 12, 2005 6:30 P.M. PLANNING COMMISSIONERS Victor Gomez Chairperson Carlos Manlapaz Kenneth West Commissioner Vice Chairperson (U _ 7 i110J7 Jim Morton Commissioner Lourdes Castro - Ramirez Rita Patel Juan Enciso Commissioner Commissioner Commissioner COMMISSION COUNSEL Jennifer Mizrahi, Deputy City Attorney Law Offices of Beltran and Medina STAFF Grant Taylor, Director Arthur Barfield, Development Services Planning Associate Jonathan Colin, Business License Manager Kimberly Acosta Administrative Analyst I H \WORDFILETLANNMGV GENDjuly]2,2W5 doc -1- OPENING CEREMONIES 1. Call meeting to order. 2. Flag Salute. 3. Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minutes of Planning Commission Meetings: June 14, 2005 CONTINUED PUBLIC HEARINGS 6. Conditional Use Per No. 2 00 5 -16, T entativ e Tract Map No. 2005 -02 (62978 Zone Change No. 2005 -02, Negative Declaration /Initial Study APPLICANT: Luis Armona and Carlos Losada 12060 Santa Fe Avenue Assessor Parcel Number 6168 - 016 -013 Proposal Request to construct eight (8) detached single - family residences, two- stories in height, with attached two -car garages. In addition, subdivide one (1) parcel into nine (9) lots to accommodate the eight residences and common drive. The project includes changing the zoning designation from R -3 (Multiple - Family Residential) to PRD (Planned Residential Development). The subject property is located at 12060 Santa Fe Avenue on a parcel totaling 21,675 square feet in area. Recommendation Staff recommends that the Planning Commission approve the project pursuant to the following actions: • Certify the Negative Declaration /Initial Study; • Adopt Resolution 3084 approving Zone Change No. 2005 -02; • Adopt Resolution 3083 approving Tentative Tract Map No. 2005 -02 (62978); • Adopt Resolution 3082 approving Conditional Use Permit No. 2005 -16. H \WOR FILETLMT GVGENOAIryIy 12,2005 dx -2- 7. Conditional Use Permit No. 2005 -17 APPLICANT: Amber Mariscal 11149 Wright Road Assessor Parcel Number 6194 - 027 -016 Proposal Request to develop four (4) detached single - family residences, two- stories in height, with attached two -car garages on property located at 11149 Wright Road in the R -3 (Multiple - Family Residential) zone. Recommendation Staff recommends that the Planning Commission adopt Resolution 3085 approving Conditional Use Permit No. 2005 -17. 8. Conditional Use Permit No. 2005 -18 & Variance No. 2005 -05 APPLICANT: Grae Ventures (David Gilmore) 4345 Imperial Highway Assessor Parcel Number 6193 - 003 -043 Proposal Request to construct a 1,694 square foot addition to the DaVita Kidney Dialysis facility located at 4345 Imperial Highway in the PCD (Planned Commercial Development) zone. The existing medical building totals 6,601 square feet and the addition would bring the total to 8,295 square feet. In addition, the applicant is requesting a variance to reduce parking from the minimum requirement of 278 stalls to 265 stalls. The dialysis building is located within a commercial shopping center that totals 228,627 square feet or 5.24 acres in area and is located.on the northwest corner of Imperial Highway and Atlantic Avenue. Recommendation Staff recommends that the Planning Commission adopt Resolution 3087 approving Variance No. 2005 -05 and adopt Resolution 3086 approving Conditional Use Permit No. 2005 -18. H \WOI FILETLANNING\AGENDAyuly[2.2WS doc -3- NEW PUBLIC HEARINGS 9. Conditional Use Permit No. 2005 -19 APPLICANT: Jose Murguia 11262 Duncan Avenue Assessor Parcel Number 6194 - 016 -027 Proposal Request to construct six (6) residences consisting of three (3) duplexes, two- stories in height, with attached two -car garages at 11262 Duncan Avenue R -3 (Multiple - Family Residential) zone. The existing residence would be demolished. Recommendation Staff recommends that the Planning Commission adopt Resolution 3088 approving Conditional Use Permit No. 2005 -19. 10. Conditional Use Permit No. 2005 -20 APPLICANT: Jose & Vicente Salmeron 11856 Pope Avenue Assessor Parcel Number 6189 - 021 -010 Proposal Request to construct two (2) attached residences (duplex), two- stories in height, with attached two -car garages. The existing residence at the front of the property and existing two -car garage at the rear would remain. The subject property is located at 11856 Pope Avenue in the R -3 (Multiple - Family Residential) zone. Recommendation Staff recommends that the Planning Commission adopt Resolution 3089 approving Conditional Use Permit No. 2005 -20. 11. Conditional Use Permit No. 2005 -21, Tentative Tract Mai) No. 2005 -03 (063345), Zone Change No. 2005 -03 and Negative Declaration /Initial Study H \WOR FILETLANNING\AGENOA\luly 12,2005 doc -4- Proposal Request to construct eighteen (18) detached residences, two- stories in height, with attached two -car garages. The property would be subdivided crating residential condominiums and change the zone from R -2 (Two-Family Residential) to PRD (Planned Residential Development). The existing trailers would be relocated or demolished. Recommendation: Staff recommends that the Planning Commission approve the project pursuant to the following actions: • Certify the Negative Declaration /Initial Study; • Adopt Resolution 3092 approving Zone Change No. 2005 -03; • Adopt Resolution 3091 approving Tentative Tract Map No. 2005 -03 (063345); • Adopt Resolution 3090 approving Conditional Use Permit No. 2005 -21. CONTINUED REGULAR AGENDA ITEMS None NEW REGULAR AGENDA ITEMS PUBLIC ORALS COMMISSION ORALS STAFF ORALS ADJOURNMENT Adjourn to the regular meeting of the Planning Commission to August 9, 2005 at 6:30 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California. H MOR FM L. . GI GEN AtjuNl :,Z 05 do _ C ITEM N0. S MINUTES LYNWOOD PLANNING COMMISSION MEETING, June 14, 2005 The Lynwood Planning Commission met in regular session in the City Hall Council Chambers. Chair Gomez called the meeting to order at 6:35 p.m. Commissioner Morton led the flag salute. Chair Gomez requested the roll call. Director of Development Services Taylor called roll. Chair Gomez presiding. Vice Chair West and Commissioner's Morton, Castro - Ramirez, Manlapaz, and Enciso answered the roll call. Commissioner Patel was absent. Also present were Planning Commission staff liaisons Deputy City Attorney Jennifer Mizrahi, Director of Development Services Grant Taylor, Planning Associate Art Barfield and Business License Manager Jonathan Colin. Chair Gomez asked if the agenda had been duly posted. Director of Development Services Taylor stated the agenda had been duly posted in accordance with the Brown Act. Item #5: MINUTES — May 10, 2005 Chair Gomez announced agenda Item #5, Minutes of the May 10, 2005 Planning Commission meeting and asked if the Commissioner's had any revisions, questions or comments Deputy City Attorney Mizrahi suggested that under Staff orals the wording be changed from "correspondence" to "documents." Motion by Commissioner Morton to approve the May 10, 2005 minutes as amended, seconded by Commissioner Manlapaz. Chair Gomez requested roll call. Director of Development Services Taylor called roll and the motion to approve passed 6 -0. CONTINUED PUBLIC HEARINGS Chair Gomez requested that all persons wishing to testify on any agenda item be sworn in. Deputy City Attorney Mizrahi swore in members of the audience in both English and Spanish. Item #6: Conditional Use Permit 2004 -13 APPLICANT: Angel Razo, Fernando and Maria Argomaniz 3201 Euclid Avenue Assessor Parcel Numbers 6176 -002 -036 & 037 Chair Gomez introduced continued public hearing agenda item #6 and requested a staff report. Business License Manager Colin presented the staff report and stated the applicant is requesting approval to construct a second detached residence, one -story in height, with an attached two -car garage at the rear of the property The existing residence and attached garage at the front of the property would remain. The property is located at 3201 Euclid Avenue in the R -3 (Multiple - Family Residential) zone. Director of Development Services Taylor identified the elevations for the second residence and stated they are consistent and compatible with the existing residence. Chair Gomez opened the public hearing. Angel Razo, 3201 Euclid Avenue spoke in support. Deputy City Attorney Mizrahi translated for Mr. Razo Commissioner Enciso inquired about the purpose of the second residences. Commissioner Castro - Ramirez inquired about Condition #19 in Resolution 3077 Mr. Razo stated the second residence was for his brother and his family Director of Development Services Taylor stated the site plan is slightly off and inconsistent with the Assessor Parcel Map. Condition # 19 requires the site plan be amended. Chair Gomez closed the public hearing. Motion by Commissioner Manlapaz to adopt Resolution 3077 approving Conditional Use Permit No 2005 -13, seconded by Commissioner Enciso. Chair Gomez requested roll call. Director of Development Services Taylor called roll and the motion to approve passed 6 -0 A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2005-13, TO CONSTRUCT ONE ATTACHED RESIDENCE, ONE -STORY IN HEIGHT AND ONE (1) ATTACHED TWO -CAR (2) GARAGE, LOCATED AT 3201 EUCLID AVENUE, IN THE R -3 (MULTI- FAMILY RESIDENTIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6176 - 002 -036, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: CASTRO- RAMIREZ, ENCISO, GOMEZ, MANLAPAZ, MORTON & WEST NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #7: Conditional Use Permit No. 2005 -16, Tentative Tract Map No. 2005 -02 (62978) and Zone Chance No. 2005 -02 APPLICANT• Luis Armona and Carlos Losada 12060 Santa Fe Avenue Assessor Parcel Number 6168- 016 -013 Request to construct eight (8) detached single - family residences, two - stories in height, with attached two -car garages. In addition, subdivide one (1) parcel into nine (9) lots to accommodate residential condominiums and common vehicle drive areas. The project includes changing the zoning from R -3 (Multiple - Family Residential) to PRD (Planned Residential Development). The subject property is a through lot totaling 21,675 square feet in area with frontage on Santa Fe Avenue and Peach Street. The project requires three (3) zoning entitlements and environmental review as follows: Conditional Use Permit: Construct eight (8) residences; and Tentative Tract Map No 2005 -02: Divide one (1) parcel into nine (9) lots; Zone Change: R -3 to PRD; Negative Declaration/Initial Study: Mitigate potential impacts pertaining to geological, water, transportation/circulation, noise and aesthetics. Chair Gomez stated the elevations were basic and did not offer much detail. Commissioner Castro - Ramirez concerned about off - street parking. Vice Chair West inquired about private and common open space. Commissioner Enciso inquired about the subdivision drainage. Director of Development Services Taylor stated the residences would have stucco siding, Spanish tile roofs, and aluminum garage doors. Parking is provided from two -car garages with space to park in front of the garages. The code requires 35% open space either private, common or a combination. Chair Gomez opened the public hearing. Carlos Losada, 7941 Stewart & Gray, Downey, CA 90241 spoke in support. Mr Losada requested reducing the marbelite poles required from two poles to one pole. Chair Gomez asked the applicant to respond to Planning Commission concerns. Mr Losada stated he would provide fences for private open space areas, would bring a rendering and improved elevations, and would have drainage directed to both Santa Fe and Peach and the center of the project. Commissioner Manlapaz inquired about a contractor. Commissioner Castro - Ramirez inquired about a condominium association, attorney for the CC &R's, affordable housing, landscaping for the project a gated community and speed bumps. Vice Chair West inquired about an association. Director of Development Services Taylor summarized the Planning Commissioner's concerns and stated the applicant is a contractor, improved elevations and a rendering would be provided, landscaping plans to include private and common open space and a materials sample board. Mr Taylor recommended continuing the item. Mr. Losada stated the association would be formed pursuant to CC &R's drafted by an attorney and recorded with Los Angeles County. Mr. Losada stated he would address all concerns and be prepared next month. Chair Gomez reiterated landscape plans and improved elevations. Motion by Commissioner Morton to continue the item to the next regular meeting, seconded by Commissioner Enciso Motion to continue passed by general consensus. Item #8: Conditional Use Permit No. 2005 -17 APPLICANT: Amber Mariscal 11149 Wright Road Assessor Parcel Number 6194 - 027 -016 Chair Gomez introduced regular agenda item #8 and requested the staff report. Business License Manager Colin provided a staff report and stated the applicant is requesting to construct four (4) detached single - family residences, two - stories in height, with attached two -car garages. Chair Gomez opened the public hearing. The applicant was not present. Director of Development Services Taylor stated the applicant was notified by mail and telephone and requested that the item be continued. Motion by Vice Chair West to continue, seconded by Chair Gomez. The motion to continue was approved by general consensus. Item #9: Conditional Use Permit No. 2005 -18 & Variance No. 2005 -05 APPLICANT• David Gilmore (Grae Ventures) 4345 Imperial Highway Assessor Parcel Number 6193 - 003 -043 Chair Gomez announced new public hearing agenda item #9 and requested a staff report. Director of Development Services Taylor presented the staff report and stated the applicant is requesting to construct a 1,694 square foot addition to the DaVita Kidney Dialysis facility located at 4345 Imperial Highway in the PCD (Planned Commercial Development) zone. The existing medical building totals 6,601 square feet and the addition would bring the total building area to 8,295 square feet. In addition, the applicant proposes a parking variance reducing parking from the minimum requirement of 278 stalls to 265 stalls. The dialysis facility is located within the Atlantic Crossings Shopping Center behind the Kentucky Fried Chicken/Long John Silver Restaurant. The shopping center totals 228,627 square feet in area. Commissioner Castro - Ramirez inquired about lighting and landscaping. Vice Chair West inquired about the parking variance. Director of Development Services Taylor stated an exterior lighting plan would be required, a minimum of seven percent (7 %) of the shopping center is landscaped, and staff has the authority to approve the parking reduction pursuant to a "Minor Variance" however, staff elected to process a Mayor Variance before the Planning Commission. Chair Gomez opened the public hearing. David Gilmore, 229 E. Commonwealth, Fullerton, CA spoke in support stating DaVita Kidney Dialysis has more requests than renal stations and requests expanding the building to increase the dialysis capacity from 20 stations to 31 stations. Chair Gomez inquired about the bus loading area. Commissioner Castro Ramirez inquired about landscaping areas. Vice Chair West inquired about hours of operation, security cameras and waste disposal. Director of Development Services Taylor suggested directional arrows, landscaping plans, lighting plans, and that the item be continued for Redevelopment Department review. Mr Gilmore stated he would check the hours of operation and location of security cameras. Mr Gilmore stated he would rather provide directional signs and arrows rather than remove and replace curbing. Chair Gomez closed the public hearing. Motion by Chair Gomez to continue the item and refer the project to the Redevelopment Department, seconded by Commissioner Manlapaz. The motion to continue was approved by general consensus. CONTINUED REGULAR AGENDA ITEMS hKelelI NEW REGULAR AGENDA ITEMS Item #10: Home Occupation No. 2005 -01 APPLICANT. Makila Moorer and Khristal King 3284 Louise Street Chair Gomez announced new regular agenda item No. 10 and requested a staff report. Director of Development Services Taylor presented the staff report and stated the applicants have applied for a Home Occupation Business License to operate an office for a "Freelance Photography" business on property located at 3284 Louise Street in the R -1 (Single - Family Residential) zone. Mr. Taylor stated home occupations are permitted provided they operate in the house, do not operate in a garage, do not have commercial vehicles, do not have signs, and do not have customers come to the residence. Mr Taylor stated notice is mailed to property owners within 150 feet. If no objections are received, the license is issued and if an objection is received, the item is scheduled for Planning Commission consideration. Staff received objections. Business License Manager Colin explained specifics of requirements in the Lynwood Municipal Code. Chair Gomez requested the applicants address the Planning Commission. Khristal King, 3284 Louise Street stated her and her partner operate a photography business mostly for weddings and receptions. Makila Moorer, 3284 Louise Street stated they only need an office and place to store the lights and cameras. Chair Gomez inquired about editing and staff inspection of the premises. Commissioner Morton inquired about a studio on the premises. Commissioner Manlapaz inquired about film developing, carrying equipment and were the neighbors notified. Commissioner Castro - Ramirez inquired if the applicants contacted the small business bureau for assistance and suggested public relations with the neighbors. Vice Chair West inquired about garage storage, cameras and printers. Commissioner Enciso inquired about why the residence and how do they promote the business. Director of Development Services Taylor stated planning, fire and building staff inspect the premises before a business license is issued. Neighbors within 150 feet of the property are notified. No storage in the garage is permitted. Ms. Moorer stated there is no studio on the premises, developing is all digital with no darkroom, she has not contacted the Small Business Bureau, the equipment breaks down it is stored in carrying cases, the home is convenient and they advertise via flyers and the internet. Motion by Commissioner Castro - Ramirez to approve Home Occupation No 2005 -01, seconded by Commissioner Enciso. Chair Gomez requested roll call. Director of Development Services Taylor called roll and the motion to approve passed 6 -0. Item #11: Staff Presentation of the State Subdivision Map Act Director of Development Services Taylor made a presentation summarizing provisions of the State Subdivision Map Act and subdivisions to include: • Lot Line Adjustments; • Lot Mergers; • Parcel Maps; • Tract Maps; • Tentative Maps; • Final Maps. PUBLIC ORALS NONE COMMISSION ORALS Commissioner Castro - Ramirez suggested a joint meeting with the City Council. Chair Gomez discussed the meeting Planning Commissioners had with the City Manager, encouraged team work, and suggested a memo from staff on behalf of the Planning Commission requesting a joint meeting. Commissioner Manlapaz also suggested a joint meeting with the City Council. STAFF ORALS Director of Development Services Taylor suggested the Planning Commission go on periodic field trips to review desirable developments. Staff and the Planning Commission discussed potential locations to include Downey, Carson and Huntington Park. Mr. Taylor also identified a three (3) days APA conference in Yosemite from October 30 to November 2, 2005 ADJOURNMENT Motion by Commissioner Morton to adjourn, seconded by Commissioner Manlapaz. Chair Gomez adjourned the meeting at 9:30 pm. ITEM NO. 6 CUP NO. 2005 -16 TTM NO. 2005 -02 ZC NO. 2005 -02 DATE: July 12, 2005 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services SUBJECT: CONDITIONAL USE _PERMIT NO. 2005 -16, TENTATIVE TRACT MAP NO. 2005 -02 (62978) AND ZONE CHANGE NO. 2005 -02 12060 Santa Fe Avenue Assessor Parcel Number 6168 - 016 -013 APPLICANT: Luis Armona and Carlos Losada PROPOSAL The applicant is requesting approval to construct eight (8) detached single - family residences, two- stories in height, with attached two -car garages. In addition, subdivide one (1) parcel into nine (9) lots to accommodate residential condominiums and common vehicle drive areas. The project includes changing the zoning from R -3 (Multiple - Family Residential) to PRD (Planned Residential Development). The subject property totals 21,675 square feet in areas and is a through lot located on the east side of Santa Fe Avenue and west side of Peach Street between El Segundo Boulevard and Banning Avenue. The project may have potential impacts on the environment so Environmental review was performed and applicable documentation prepared. The project requires three (3) discretionary approvals and environmental review as follows: • Conditional Use Permit No. 2005 -16: Construct eight (8) detached residential condominiums; • Tentative Tract Map No. 2005 -02: Divide one (1) parcel into nine (9) lots; • Zone Change No. 2005 -02: Change the zoning from R -3 (Multiple - Family Residential) to PRD (Planned Residential Development). • Environmental Review: An Initial Study was performed and identified potential significant impacts on the environmental. Mitigation measures have been incorporated into the project that would reduce potential impacts to a level of insignificance. A Negative Declaration has been prepared. H \WORDFILE\ PLANNING\ STAFFRPT\ cup2005 - 16,=2005 -02,zc2005 -02 12060santafe doe -1- ANALYSIS & DISCUSSION The project proposes the construction of eight (8) detached single - family residences, two- stories in height, with attached two -car garages. The floor plans are the same for all units proposing 1,595 square feet of living area consisting of three (3) bedrooms and 2 1 /2 baths. The site plan indicates the property is long and linear, 75 feet in width by 289 feet in depth totaling 21,675 square feet in area. The property is a through lot with vehicle access provided from a twenty foot (20� wide driveway at Santa Fe Avenue to the west and Peach Street to the east. The residences are located on the north side of the parcel with the driveway running along the south property line. The project would provide 5,518 square feet of landscaping and open space areas exceeding the minimum thirty-five percent (35 %) standard. The floor plans identify 1,595 square feet of total living area with the two -car garage, common areas and half bath on the first floor and bedrooms and full baths on the second floor. The elevations indicate two -story structures twenty-four feet (24') in height consisting of Spanish tile roof, stucco siding, aluminum roll up garage doors, decorative aluminum window trim and wood /plastic balcony railings. Pursuant to Planning Commission direction, the applicant has improved and provided more detail to the elevations, included landscaping specifics, and identified private open space patios for each residence. The property is sufficient in area to accommodate a maximum of nine (9) residences pursuant to the Lynwood Municipal Code that allows eighteen (18) units per acre or one (1) residence per 2,420 square feet of lot area. DISCUSSION — ZONE CHANGE The existing zoning is R -3 (Multiple - Family Residential). The intent of the PRD zone is to provide for flexibility and creativity in the design of larger scale residential projects and condominium developments. The General Plan Land Use Map designates the property as Multi - Family Residential and the PRD zoning would be consistent with the General Plan. H \ WORDFILENCANNING\$ TAFFRPT \cup2005- 16,ttm2005- 02,zc2005 -02 12060samafe doc _ -2- DISCUSSION — TENTATIVE TRACT MAP The project proposes subdividing one (1) parcel into nine (9) lots. Lot "A" is a common drive that would be maintained by all residents pursuant to an Association setting forth Covenants, Conditions and Restrictions (CC &R's) to be recorded with Los Angeles County. The subdivision map would be in compliance with the State Subdivision Map Act and Chapter 24 of the Lynwood Municipal Code. The subdivision map would be checked by the Lynwood Department of Environmental Services and conditions of approval are contained within Resolution 3083. DISCUSSION — CONDITIONAL USE PERMIT The applicant is proposing to construct eight (8) detached single - family residences, two- stories in height, with attached two -car garages. The Lynwood Municipal Code requires all multiple family residential properties to obtain approval of a conditional use permit. Conditions of approval are set forth in Resolution 3082. 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. That the proposed Conditional Use is consistent with the General Plan. The General Plan Designation is Multi - Family Residential. The project is consistent with the PRD zoning designation and consistent with the General Plan Land Use Map and policies and goals in the Land Use and Housing Elements. B. That the nature, condition, and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures. Conditions of approval and mitigation measures have been included to reduce potential impacts to insignificant levels. The health, safety and welfare of persons residing in the vicinity would be protected. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The property is adequate in size and shape to accommodate the residences, vehicle access, parking and landscape areas. H\ WORDFILE\ PLANNI NG\ STAFFRPT\ cup2005 - 16,=2005- 02zc2005- 0212060s tafe do _ -3- D. That the proposed conditional use complies with all applicable development standards of the zoning district. The project would satisfy all development standards set forth in the LMC to include but not be limited to lot size, lot coverage, setbacks, parking, landscaping, building height. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The project is consistent with all standards of the zoning code and is compatible with developments in the vicinity. ENVIRONMENTAL REVIEW The Development Services Department performed an Initial Study and has determined that the project may have potentially significant impacts. Mitigation measures and conditions of approval have been incorporated into the project that would reduce potential significant. impacts to a level of insignificance. A Negative Declaration was prepared. RECOMMENDATION Staff recommends that the Planning Commission approve the project pursuant to the following actions: • Certify the Negative Declaration /Initial Study; and • Adopt Resolution 3084 recommending that the City Council approve Zone Change No. 2005 -02; and • Adopt Resolution 3082 approving Conditional Use Permit No. 2005 -16 • Adopt Resolution 3083 approving Tentative Tract Map No. 2005 -02 (62978) Attachments: 1. Project Profile 2. Location Map 3. Resolution 3084 — Zone Change No. 2005 -02 4. Resolution 3083 — Tentative Tract Map No. 2005 -02 (62978) 5. Resolution 3082 — Conditional Use Permit No. 2005 -16 6. Initial Study /Negative Declaration /Notice of Determination 7. Plans (Site, floors, elevations and tentative tract map) H\ WORUFILE\ PLANNI NG\ STAFFRPT\ cup2005- Ib,ttm2005- 02,m2005- 02120h0s tale dm -4- PROJECT PROFILE CUP 2005 -16, TTM 2005 -02, ZC 2005 -02 12060 Santa Fe Avenue 1. Source and Authority Lynwood Municipal Code (LMC) Section 25- 4.2(a) sets forth permitted uses in residential zones; LMC Section 25 -25.7 sets forth findings approval of a Conditional Use Permit; LMC Section 25 -26.7 sets forth findings to grant a variance; and LMC Section 25 -27 sets forth procedures for Zone Changes. 2. Prooerty Location and Size The subject property is a rectangular shaped lot that totals 21,675 square feet in area. The project proposes eight (8) detached single - family residences, two - stories in height, attached two -car garages, with three (3) bedrooms and 2 1 /2 baths. 3. Existing Land Uses Site Developed North: Multiple - Family Residential South: Multiple - Family Residential West: Santa Fe Avenue then City of Compton East: Single - Family and Multiple - Family Residential 4. Land Use Designation The subject property has a General Plan Designation of Multi- Family Residential and the current zoning is R -3 (Multiple - Family Residential). The adjoining properties General Plan and Zoning designations are as follows: Site General Plan Zoning 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 Residential R -3 (Multiple - Family Residential) H \WORDFILE\ PLANNING\ STAFFRPT \cup2005- 16,nm2005- 02,zc2005- 0212060s Cafe doc -5- 5. Site Plan Review The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions set forth in Resolutions 3082 and 3083. 6. Code Enforcement History The property is blighted with property maintenance violations. 7. Public Response None at the time of this report. H. IWORDFILEWLANNI NGISTAFFRPTicup2005- 16,ttm2005 -07,m 2005 -02 12060samafeduc -6- RESOLUTION 3082 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2005 -16, PERMITTING THE DEVELOPMENT OF EIGHT (8) DETACHED SINGLE FAMILY RESIDENCES, TWO- STORIES IN HEIGHT, WITH ATTACHED TWO -CAR GARAGES ON PROPERTY LOCATED AT 12060 SANTA FE AVENUE, ASSESSOR PARCEL NUMBER 6168 - 016 -013, IN THE PRO (PLANNED RESIDENTIAL DEVELOPMENT) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission conducted a continued public hearing on July 12, 2005 on the subject application; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on June 14, 2005 conducted a public hearing on the subject application and continued the item; and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal may have significant impacts on the environment, an Initial Study was performed, mitigation measures incorporated into the project to reduce potential impacts to insignificant levels, and a Negative Declaration prepared in accordance with the California Environmental Qualify Act (CEQA); Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. That the proposed conditional use is consistent with the General Plan. The project and zoning designation is consistent with the Multi- Family Residential Designation on the Lynwood General Plan Land Use Map. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings or structures. Conditions of approval and mitigation measures have been included to reduce potential impacts to insignificant levels. H lW ORDFILE1PLeWNiNOIRE50SUem308:a dx C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The eight (8) residences are consistent with the density of eighteen (18) units per acre (i.e. one residence per 2,420 square feet of property area) in Multiple - Family Residential zone. D. That the proposed conditional use complies with all applicable development standards of the zoning district. The project complies with all development standards in the PRD zone and no variances are necessary. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The project is consistent with all provisions of the zoning code and is compatible with development in the vicinity. Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2005 -16, 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 Director. 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 June 14, 2005. 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. H \WOR FILETLAN GV SOSVCW3082s dm 2 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. 6. The conditions of approval shall be printed on the cover page of the plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION CONDITIONS 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 block wall shall be installed around the perimeter of the property and between each parcel, except within the twenty-foot (20') front yard setback areas. Front yard fences may be permitted not exceeding four feet (4� in height and constructed of open wrought iron or wrought iron with block pilasters. Fences may be installed between lots provided such fences are solid and sight - obscuring. Prior to installing fences the applicant /developer shall submit plans and obtain 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 Government Code Section 53080. 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 shall be used throughout the units to mitigate exterior noise in compliance with the Lynwood Municipal Code. 12. The roof shall be constructed with non - reflective materials of concrete tile, clay tile, or equivalent. H \WOR FILETLA NINGAESOS4e 3082a do 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. 14. The applicant 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 shall be recorded on the Final Tract Map. 15. Front elevations of each residence shall have superior architectural design with varying building lines and construction materials. 16. This conditional use permit is subject to approval of Tentative Tract Map No. 2005- 02 (62978), and Zone Change No. 2005 -02 and all conditions set forth therein. 17. Prior to demolition of the existing residence, the applicant shall notify the Air Quality Management District and obtain a demolition permit. 18. Prior to the issuance of building permits the applicant shall remove all weeds, trash and debris from the property. 19. Prior to submittal for building plan check, the applicant shall submit a color rendering and a color and materials sample board. Building colors shall be neutral or earth tone. Trim and architectural features may have brighter colors subject to approval by the Planning Division. 20. Days and hours of construction shall be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m. only. 21. The project site shall be watered daily to discourage fugitive dust from disturbing properties in the vicinity. DEPARTMENT OF ENVIRONMENTAL SERVICES/ ENGINEERING 22. Submission and recordation of a Tract Map is required. Certificates of occupancy will not be issued prior to the recordation of a Final Tract Map. 23. Provide an irrevocable offer of dedication for one and one -half (1 1 /2) foot wide strip of property along Peach Street. H \WOR FILETLAMWGV SOS\ W3082a dm 4 24. Submit a grading plan prepared and signed by a registered Civil Engineer Grading plan will be checked by the Public Works Department. No building permits will be issued prior to the approval of grading plan by the City Engineer. 25. Construct four -foot (4) wide sidewalk along Peach Street. 26. Construct new sidewalk, curb and gutter, drive approaches and required pavement along Santa Fe Avenue and Peach Street. 27. Reconstruct damaged sidewalk along Santa Fe Avenue. 28. Construct new drive approaches per APWA standards. 29. Close existing drive approach and construct proposed drive approaches per APWA standards. 30. Proposed driveway shall be realigned so that the top "X" is located one -foot (1� inside the property line. 31. Grind and overlay one and one -half inch (1 1 /2) minimum damaged pavement along Peach Street fronting the development from west side of street to east side of street. 32. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. When connecting to an existing laterals, contractor shall verify the size of such laterals and provide proof of its integrity. Minimum size required is six - inches (6'�. When connecting to an existing lateral, a City approved contractor; shall verify the size of such lateral and shall provide proof of its integrity by providing a videotape of the lateral to the Department of Environmental Services /Engineering Division. 33. Remove existing street trees. Reconstruct damaged sidewalk, curb and pavement. _ 34. Install four (4) 24" box street trees per APWA standards. Two (2) trees on Santa Fe Avenue and two (2) trees on Peach Street. 35. Regrade parkway and landscape with grass. 36. Provide and install two (2) marbelite street poles with light fixture, underground services and conduits. Exact location shall be determined by the City Engineer. H MORDFILEWLAN INGU SOSVe 3082a do e 37. Underground all new utilities. 38. All Edison vaults and structures shall be placed underground. 39. A permit from the Engineering Division is required for all off -site improvements. 40. 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 residence shall have its own water service and meter. 41. This project may be subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost estimate to the Department of Environmental Services. BUILDING AND SAFETY DIVISION 42. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. ➢ The Uniform Building Code- 2001 edition; The Uniform plumbing Code- 2001 edition; ➢ The Uniform Mechanical Code- 2001 edition ➢ The Los Angeles County Fire Code — 2001 edition; ➢ The Nation Electric Code — 2001 edition; All as amended by the California Building Code 2001. In case where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. LOS ANGELES COUNTY FIRE DEPARTMENT 43. 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 \WO0. FILEPLANNINGN SOSVeo3O82a Eoc 6 PASSED, APPROVED AND ADOPTED this 12' day of ]uly, 2005, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Grant Taylor, Director Development Services Department Victor Gomez, Chairman Lynwood Planning Commission APPROVED AS TO FORM: Jennifer Mizrahi, Dep. City Attorney Planning Commission Counsel H \WOR FILETLANNINGV SOSV,w3082a d.c 7 RESOLUTION NO. 3083 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE TRACT MAP NO. 2005 -02 (62978), SUBDIVIDING ONE (1) PARCEL INTO EIGHT (8) LOTS FOR DETACHED SINGLE - FAMILY RESIDENCES FOR PROPERTY LOCATED AT 12060 SANTA FE AVENUE IN THE PRD (PLANNED RESIDENTIAL DEVELOPMENT) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6168 - 016 -013, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Planning Commission of the City of Lynwood pursuant to law on June 14, 2005 conducted a public hearing on Tentative Tract Map No. 2005 -02 (62978); and WHEREAS, the Lynwood Planning Commission carefully considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal may have a significant impacts on the environment, conducted an Initial Study, included conditions of approval and Mitigation Measures that would reduce potential impacts to a level of insignificance, and prepared a Negative Declaration consistent with the California Environmental Quality Act (CEQA) Guidelines; and Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. The subdivision meets all the applicable requirements and conditions required by the State Subdivision Map Act and the Subdivision Regulations of Lynwood Municipal Code Chapter 24 and Section 25 -18. B. The proposed subdivision is consistent with the applicable goals and policies of the Lynwood General Plan Land Use and Housing Elements. C. Proper and reasonable provisions are available for adequate ingress and egress to the parcels. HIWORDFILE\PLANNING\RESOSVeso30 83a dw I D. Proper and adequate provisions are available for all public utilities and public services. E. The project is consistent with the intention and standards set forth in the PRD (Planned Residential Development) zone. Section 2. The Planning Commission of the City of Lynwood, based upon the findings identified above, hereby approves Tentative Tract Map No. 2005 -02 (62978) subject to the following conditions: DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION 1. The applicant shall meet the requirements set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and requirements of 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. 3. Within twenty-four (24) months after approval of the Tentative Parcel Map, the subdivider shall file with the City of Lynwood, a Final Map in substantial conformance with the Tentative Parcel 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 Map Act and the City's subdivision Ordinance must be met prior to recordation. 2 All matters and improvements shall be consistent with the ordinances, standards, and procedures of the City's Development Standards, Engineering Procedures and Standards, Water Standards, and Planting Standards of the Department of Parks and Recreation. The Developer is responsible for checking with staff for clarification of these requirements. 7. Submit a Subdivision Guarantee to this office. The final map shall be based on a field survey. All surveying for the proposed development will be done by the Developer, including the establishment of centerline ties. Enclose with the final map the surveyor's closure sheets. 8. Developer shall pay all applicable development fees including drainage, sewer, water and parkway trees prior to issuance of any building permits. Pay Tract Map checking fees prior to checking. Pay $100 monument checking fee prior to recordation. Deposit $50 with City Engineer to guarantee receipt by City of recorded, reproducible mylar, tract map prior to recordation. All special assessments and utilities or sewer connection fees are to be paid prior to recording the final map. All requirements to the serving utilities to be met or guaranteed prior to recording of the final map. 9. A grading plan signed by a registered Civil Engineer shall be submitted for the approval of the Director of Environmental Services /City Engineer. The grading plan shall include topography of all contiguous properties and streets and shall provide for the methods of drainage in accordance with all applicable City standards. Retaining walls and other protective measures may be required. Off -site drainage easement may be necessary. The structural section of all parking areas shall be designed by a Civil Engineer based upon soils analysis supplied by a recognized and approved soils engineering firm. The structural section shall be approved by the Director of Environmental Services /City Engineer. In the event that the design is not provided, the minimum structural section that will be approved by the Director of Environmental Services /City Engineer would be 2 inches of asphalt on 4 inches on untreated rock base. H \ WORDFILENLANNINGURESOS4eso3083a dm 3 Submit to this office a Geologic /Soils Report signed by a Registered Soils Engineer. 10. The development shall be provided with public sewers. Connect to public sewer. Provide laterals as necessary. Extension of existing sewer main might be necessary at developer's cost. Design of all sanitary sewers shall be approved by the Director of Environmental Services /City Engineer. 11. The Developer shall construct a water system including water services, fire hydrants and appurtenance though the development as required by the Director of Environmental Services /City Engineer. The Developer shall submit a water system plan to the Los Angles County Fire Department for fire hydrant locations. The Developer shall install and provide at his /her expense all required water meters per City of Lynwood Plans /Spects. The Developer shall install on -site water facilities including stubs for water and fire hydrants on interior and on boundary arterial streets. All conditions of the Los Angeles County Fire Department must be met prior to recordation. 12. Where drainage, sewer and other such easements are required, the minimum easement width shall be ten feet (10� to facilitate maintenance unless otherwise approved by the Director of Environmental Services /City Engineer. Dedicate a one and one -half foot (1 1 /2.') 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: 4 a. Submit a plan indicating safety methods to be provided to maintain safe pedestrian ways around all areas of construction. This may require proper and adequate signs, fences, barricades, or other approved control devices as required by the Director of Community Developer. 15. The Developer shall install all public improvements, as required by the Director of Environmental Services /City Engineer prior to issuance of any occupancy p ermits for this development. Public Improvements shall include but are not limited to: a) Construct four -foot (4� wide sidewalk along Peach Street. b) Construct new sidewalk, curb and gutter, drive approaches and required pavement along Santa Fe Avenue and Peach Street. c) Reconstruct damaged sidewalk along Santa Fe Avenue. d) Grind and overlay one and one -half inch (1 1 12'� of damaged pavement on Peach Street fronting development from west side to east side of street. e) Install four (4) 24" box street trees per APWA standard plans. Two (2) trees on Santa Fe Avenue and two (2) trees on Peach Street. f) Provide and install two (2) marbelite street poles with light fixture, underground services and conduits. Exact location shall be determined 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/ City Engineer before commencing any improvements, a sum estimated by the Director of Environmental Services/ City Engineer to cover cost of inspection of all improvements under his jurisdiction. H\ WOPDFILE \PLANNINGVLESOStreso3083a doe 5 - BUILDING AND SAEFTY DIVISION 16. 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 —2001 edition; The National Electrical Code — 2001 edition; All as amended by the California Building Code. In cases where the provision of the California Building Code, the City of Lynwood Municipal Code, or the plans or specification in these plans may conflict, the more restrictive provisions shall govern. LOS ANGELES COUNTY FIRE DEPARTMENT 17. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. 18. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. 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. 6 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 gallons per minute at 20 psi for a duration of _ 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 two (2) exisiting Public fire hydrants. Install _ private on -site fire hydrant(s). 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: South side of Redwood, across from the proposed project. 26. All required fire hydrant 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 Resolution 3083 shall be delivered to the applicant. H\ WORDFILE�PLANNING \RESOSveso3083a dm 7 APPROVED and ADOPTED this 12 day of July, 2005, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Victor Gomez, Chairman Lynwood Planning Commission APPROVED AS TO FORM: Grant Taylor, Director Jennifer Mizrahi, Deputy City Attorney Development Services Department Planning Commission Counsel 8 RESOLUTION 3084 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING ZONE CHANGE NO. 2005 -02; CHANGING THE ZONING DESIGNATION FROM R -3 (MULTIPLE- FAMILY RESIDENTIAL) TO PRD (PLANNED RESIDENTIAL DEVELOPMENT) IN ORDER TO DEVELOP EIGHTR (8) DETACHED RESIDENTIAL CONDOMINIUMS ON PROPERTY LOCATED AT 12060 SANTA FE AVENUE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6168 - 016 -013, 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 June 14, 2005 on Zone Change No. 2005-02; 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 PRD (Planned Residential Development) zoning designation for the subject property would be consistent with the Lynwood General Plan and would be an appropriate location for a multi - family residential project; and WHEREAS, the Development Services Department has determined that the project may have potentially significant impacts on the environment, therefore an Initial Study was performed, Mitigated Negative Declaration prepared and conditions of approval and mitigation measures incorporated into the project to reduce potential impacts to a level of insignificance pursuant to the California Environmental Quality Act (CEQA) Guidelines. Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: H\ WORDFILETLANNING\RESOSaeso3084a doc - I - A. A PRD (Planned Residential Development) zoning designation of the subject property would be consistent with the General Plan Land Use Map. B. The PRD (Planned Residential Development) zoning designation is consistent with existing development in the vicinity. C. The PRD (Planned Residential Development) zoning will be consistent with goals and policies set forth in the Lynwood General Plan Land Use and Housing Elements. D. The PRD (Planned Residential Development) zoning designation will not be detrimental to the properties surrounding the site and would not negatively impact the public health, safety, or welfare or properties in the vicinity. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Zone Change No. 2005 -02 changing the zoning designation for Assessor Parcel Number 6168- 016 -013 from R -3 (Multiple - Family Residential) to PRD (Planned Residential Development). APPROVED AND ADOPTED this 1P day of July, 2005 by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Grant Taylor, Director Development Services Department H \ WOPDFILE \PLANNINGVRESOSVeso3084a doc Victor Gomez, Chairman Lynwood Planning Commission Jennifer Mizrahi, Deputy City Attorney Planning Commission Counsel -2- I LOCATION MAC CARLIN 4 z ST CARLIN AVE CARLIN CascNo CUP 2005-16, TTM 2005-02 & ZC 2005-02 Site Address 12060 SANTA FE AVENUE Applicant Name: LUIS ApMONA 300' or 500' Radius Mal) BANNING AVE u G BAWAING - 7-= IT 3 �n 16 17 39 Y7 X .0 1 BLI (5 1 1 4 4 41 - A 15% 1 �j 3e i 4 T6 IB 43 7 I z BLV EL SEGUNDO BLVD EL SEGUNDO g 0 ( 46 37 45 r v (336 41 41 �11 �0 i 0, 01& 35 -2nw ' R 13 , 1 ts 'r' 3 a �K G'40 04 N BL W4 1 @41 (2)5 &42 .581 0 T- q) I (D _7 3 7 z < I 3 CARLIN 4 z ST CARLIN AVE CARLIN CascNo CUP 2005-16, TTM 2005-02 & ZC 2005-02 Site Address 12060 SANTA FE AVENUE Applicant Name: LUIS ApMONA 300' or 500' Radius Mal) City of Lynwood Community Development Department 11330 Bullis Road Lynwood, CA 90262 (310) 603 -0220, X289 NEGATIVE DECLARATION County Clerk County of Los Angeles 500 West Temple Los Angeles, CA 90012 RE. Negative Declaration for Conditional Use Permit No. 2005 -16. Zone Chime No 2005 -02 and Tentative Tract Man No 2 005 -02 (62978) To Whom It May Concern: Application has been filed with the City of Lynwood for approval of the project known as Conditional Use Permit No. 2 005 -16 Zone Change No 2005 -02 and Tentative Tract Map No. 2005 -02 (62978), located at 12060 Santa Fe Avenue on a parcel totaling 21.675 � s_quare feet, a through lot located on the east side of Santa Fe Avenue and west side of Peach Street between El Segundo Boulevard and Banning Avenue within a R -3 (Multiple - Family Residential) zone, and to be developed by the applicant Luis Armona The project is briefly described as: Approval to construct eight (8) detached residential condominiums two - stories in height with attached two -car garages on a lot that totals approximately 2 1 675 square feet in area. In addition, the applicant proposes to subdivide one (1) parcel into nine (9) lots and change the zoning from R -3 (Multiple- Family Residential) to PRD (Planned Residential Development). The property is described as Assessor Parcel Number 6168 - 016 -013 ENVIRONMENTAL ASSESSMENT. An Initial Study was performed and possible significant impacts were identified pertaining to Geological Problems, Water, Transportation/Circulation, Noise and Aesthetics. Mitigation measures have been included in the project and if such mitigation measures are implemented and monitored, potential significant impacts would be reduced to a level of insignificance. h \wordfilekply ,Vorms\negde do Remsed 07-27-98 Negative Declaration 12060 Santa Fe Avenue Page 2 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 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 Department of Development Services, Planning Division, City Hall Annex, 11330 Bullis Road, Lynwood, California, 90262 (310) 603 -0220, Extension 289 It is the finding of the City of Lynwood that the project will not have a significant effect on the environment. The Mitigation Measures included in the attached Initial Study and Conditions of Approval set forth in Planning Commission Resolutions 3032 and 3034 would reduce the impacts to insignificant levels. The above finding is based on the following: A. The site of the proposed project is adequate in size and shape to accommodate eight (8) residences. B. The proposed project, as conditioned, will reduce possible significant impacts to a level of insignificance. Conditions of approval have been made a part of the conditional use permit and will be implemented and monitored. C. The proposed project will not have a negative impact on the value of the surrounding properties or interfere with or endanger the health, safety or welfare or persons residing or working in the vicinity D The granting of the zone change, tentative tract map and conditional use permit will not adversely affect the comprehensive General Plan. The City has an updated General Plan and Land Use Map that are consistent with the project. E. The location of the project and conditions under which the residences would operate are in accord with the requirements of the Zoning Ordinance and the purpose of the zone in which the site is located. F The location of the project and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity h \wordfile \plan=ngWormsme dec doc Revised 07-27 -98 Negative Declaration 12060 Santa Fe Avenue Page 3 This Document, the Notice of Determination and Initial Study are being filed in duplicate. Prepared and filed by- The Department of Development Services, Planning Division C Grant Taylor, Director of Development Services DATE. h Re,ud \o 0 e \plemwngVOnns�negdec doc 0]- '_] -9B INITIAL STUDY Environmental Checklist 1) 2) 3) 4) 5) 6) 7) a Project Title: Conditional Use Permit 2005 -16, Zone Change 2005 -02 and Tentative Tract Map 2005 -02 (62978) Lead Agency Name and Address: City of Lynwood Development Services Department, Planning Division 11330 Bullis Road Lynwood, CA 90262 Contact Person, Title and Phone Number: Grant Taylor, Director Development Services Department (310) 603 -0220, Ext. 326 Project Location: A parcel totaling 21,675 square feet in area located at 12060 Santa Fe Avenue, APN 6168- 016 -013. The property is a through lot located on the east side of Santa Fe Avenue and west side of Peach Street between El Segundo Boulevard and Banning Avenue in the R -3 (Multiple - Family Residential) zone. Project Sponsor's Name and Address: Luis Armona 9550 Firestone Boulevard, Suite 105 Downey, CA 90241 (562) 862 -4360 General Plan Designation: Multi - Family Residential Zoning: R -3 (Multiple - Family Residential) - existing; PRD (Planned Residential Development) - proposed 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.) Construct eight (8) detached residential condominiums, two- stories in height, with attached two -car garages. The residences consist of three (3) bedrooms with 2 1 /2 baths providing 1,590 square feet of living area and lots range from 1,890 to 2,160 square feet. The project requires three (3) discretionary applications as follows: Conditional Use Permit No. 2005 -16. Construct eight (8) residential dwelling units; Tentative Tract Mao No 2005 -02 f62978L Subdivide one (1) parcel into nine (9) lots; Zone Change No. 2005 -02: Change the zone from R -3 ( Multipe- Family Residential) to PRD (Planned Residential Development). 9) Surrounding Land Uses and Setting: (Briefly describe the project's surroundings). The subject property is a vacant triangular parcel totaling 38,542 square feet or 1.08 acres in area. The subject property is within an area that has a mix of single - family and multiple - family residential land uses as follows: Subject: Vacant North: Multi - Family Residential South: Multi - Family Residential East: Single and Multi- Family Residential West: City of Compton 10) Other agencies whose approval is required: (e.g., permits, financing approval or participation agreement). Los Angeles County Public Works Department Los Angeles County 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. _Land Use and Planning _Population and Housing X Geological Problems X Water _Air Quality Determination: (To be completed by the Lead Agency.) On the basis of this initial evaluation: X Transportation /Circulation _Biological Resources _Energy & Mineral Resource _Hazards X Noise _Mandatory Findings of Significance _Public Services _Utilities & Service Systems X Aesthetics _Cultural Resources _Recreation 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. A 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 impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find 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. Signature Date GRANT TAYLOR, DIRECTOR CITY OF LYNWOOD DEVELOPMENT SERVICES DEPARTMENT 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 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 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 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 contacted should be cited in the discussion. Potentially Significant Impact Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: I. LAND USE AND PLANNING. Would the proposal: a) II. b) c) Conflict with general plan designation or zoning? (Source(s): ) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) Discussion: Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact XX No Impact �1 The City of Lynwood is in a liquefaction and expansive soil area. Soil reports will be required with submittal of plans for building plan check prior to issuance of permits. Be incompatible with existing land use in the vicinity? ( ) Discussion: I RA The project vicinity contains mostly multi - family residential properties. Exterior lighting would be shielded and directed away from adjacent properties. All development standards would be met. d) Affect agncultural resources or operations _ (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? ( ) e) Disrupt or divide the physical arrangement of _ an established community (including a low income or minority community)? ( ) POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local _ population projections? ( ) b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructurep ( ) C) Displace existing housing, especially affordable housing? ( ) M 4 . MEN 8 0 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) b) Seismic ground shaking? ( ) Discussion: IV. — XX XX There are no active fault zones in the vicinity of the subject property However, earthquakes of large magnitude could create seismic ground shaking. The residences would be plan checked and inspected to ensure seismic retrofit and compliance with the Uniform Building Code. C) Seismic ground failure? ( ) XX d) Seiche, tsunami, or volcanic hazard? ( ) xx e) Landslides or mudFlowsz ( ) jtj( f) Erosion, changes in topography or unstable soil X( conditions from excavation, grading, or fill? ( ) Discussion: Eight (8) residences would be constructed to include grading, drainage, concrete and asphalt that would alter existing grading and drainage patterns. Grading could create erosion in the short term during construction, however, detailed grading and drainage plans would be required and the property would be inspected to ensure code compliance. g) Subsidence of the land? ( ) )x h) Expansive soils? ( ) ax Discussion: The City is within a liquefaction area and soil compaction may be an issue. Therefore, a detailed soils report would be required during plan check and prior to issuance of building permits. i) Unique geologic or physical featuresz ( ) ja WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, XX or the rate and amount of surface runoff? ( ) Discussion: Development of eight (8) residences would require that the currently vacant property would have structures, fences, driveways and landscaping, thereby altering absorption rates and drainage patterns. The City will require detailed grading and drainage plans to ensure proper drainage and protect properties in the vicinity b) Exposure of people or property to water p� related hazards such as Flooding? ( ) — Discussion: The subject property is not within a 100 -year Flood zone, however, grading and paving would alter drainage patterns. The City will require grading and drainage plans to be checked and approved by the Department of Environmental Services. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Discharge into surface waters or other alteration _ of surface water quality (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? ( ) f) Change in the quantity of ground waters, either XX through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of groundwater? XX h) Impacts to groundwater quality? ( ) XX Discussion: Construction activities associated with the development of eight (8) residences may have short and long term impacts. A Standard Urban Storm Water Mitigation Plan will be required pursuant to the Regional Water Quality Control Board. i) Substantial reduction in the amount of XX Ground water otherwise available for public 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? ( ) b) Expose sensitive receptors to pollutants? O XX Discussion: Residential properties in the immediate vicinity may be affected in the short-term by grading and construction activities. The applicant would be required to water the site daily to reduce dust emissions during construction. C) Alter air movement, moisture, or temperature, XX or cause any change in climate? ( ) d) Create objectionable odors? Discussion: Odors may be present in the short-term during construction. The applicant would be required to comply with all local, state, and federal code requirements pertaining to air quality. Days and hours of construction would be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m. to protect the health, safety, and welfare of persons in the area. VI. TRANSPORTATION /CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? Q XX Discussion: Eight (8) residences would increase traffic and vehicle trip ends. Vehicle access and parking facilities are adequate to accommodate additional vehicles and provide off - street parking. 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 pt inefficient manner? ( ) Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Hazards to safety from design features (e.g., XX sharp curves or dangerous intersection) or incompatible uses (e.g., farm equipment)? ( ) Discussion: Two (2) access driveways would be located adjacent to Santa Fe Avenue and Peach Street. The driveway is 21 feet in width providing adequate access for emergency vehicles. C) Inadequate emergency access or access Xx to nearby uses? ( ) Discussion: The applicant will be required to maintain adequate vehicle access and the driveways shall remain clear and accessible to vehicles at all times. d) Insufficient parking capacity on -site or off-site? XX Discussion: The applicant will be required to provide a two -car garage for each residence. Such garages shall remain clear and accessible for vehicle parking at all times. e) Hazards or barriers for pedestrians or bicyclists? Xx f) Conflicts with adopted policies supporting )0( alternative transportation (e.g., bus turnouts, bicycle racks)? ( ) g) Rail, waterborne or air traffic impacts? ( ) pl VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their pt habitats (including but not limited to plants, fish, insects, animals, and birds)? ( ) b) Locally designated species (e.g., heritage trees)? pl C) Locally designated natural communities X , (e.g., oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g., marsh, riparian, and pt vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) XX 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 pt inefficient manner? ( ) Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 proposal involve: a) A risk of accidental explosion or release of pX hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation? ( ) Discussion: Construction activities and vehicles would require hazardous materials in the short-term. Frequent property inspections will be made by the City to ensure the public health, safety and general welfare. Upon project completion, no hazardous materials are expected in the residences. b) Possible interference with an emergency response Xx plan or emergency evacuation plan? ( ) C) The creation of any health hazard or p� potential health hazard? ( ) Discussion: Construction activities in the short-term may create noise, dust, odors, etc. Days and hours of construction will be limited and the project site watered daily. No overnight storage of construction vehicles will be permitted. Regular site inspections will be performed by City staff. J) Exposure of people to existing sources )0( or potential health hazards? ( ) e) Increased fire hazard in areas with flammable brush, grass, or trees? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) XX Discussion: Construction activities in the short-term would increase ambient noise levels. Days and hours of construction would be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m. The residences would have acoustical features to reduce noise levels and be in compliance with the City's Noise Ordinance. b) Exposure of people to severe noise levels? ( ) XX Discussion: Construction activities in the short-term would increase noise levels in the vicinity Days and hours of construction would be limited. Upon project completion, the eight (8) residences are not expected to substantially increase noise levels. XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) Discussion: Eight (8) residences may require additional fire protection. The Los Angeles County Fire Department has two (2) locations in the City of Lynwood capable of responding. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Police protection? Discussion: Eight (8) residences may require additional police services. The Los Angeles County Sheriff Department has adequate resources to respond to service calls. C) Schools? ( ) xx Discussion: Eight (8) residences would include school age children as the average occupancy rate in Lynwood is 4.8 persons per household. The Lynwood unified School District is in the process of implementing their facility master plan to add to existing schools, and construct additional schools to accommodate growth. d) Maintenance of public facilities, including roads? Xx Discussion: Additional residences would increase wear and tear on streets in the vicinity The City has budgeted for future street improvements in the vicinity e) Other governmental services? ( ) XX 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 gasz ( ) XX b) Communications systems? ( ) XX C) Local or regional water treatment or XX distribution facilities? ( ) d) Storm water drainage? ( ) XX Discussion: The project wit[ require building and paving that may increase storm water drainage. The applicant would be required to comply with the City of Lynwood Standard Urban Storm Water Mitigation Plan Ordinance to ensure proper drainage and that pollutants are treated prior to entering storm drains. e) Solid waste disposal? ( ) Discussion: Additional residences would increase solid waste. The City's solid waste contractor is capable of providing trash pick -up services to the project. f) Local or regional water supplies? ( ) XX XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? ( ) XX b) Have a demonstrable negative aesthetic effects p( XIV. Xv. XVI. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Discussion: Impact Incorporated Impact Impact The project has been reviewed and checked to ensure harmony with the existing residences in the vicinity The residences would consist of stucco siding, Spanish tile roofs, decorative garages and window trim, attractive landscaping and concrete driveways. C) Create light or glare? ( ) XX Discussion: The residences will require exterior lighting. A detailed lighting plan will be required that identifies light intensities and that such lights are shielded and directed away from adjacent properties. Construction days and hours will be limited. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontology resources? ( ) Xx b) Disturb archaeological resources? ( ) V C) Affect historical resources? ( ) XX d) Have the potential to cause a physical change XX that would affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within X]X the potential impact area? ( ) RECREATION. Would the proposal: a) Increase the demand for neighborhood or )0( regional parks or other recreational facilities? () b) Affect existing recreational opportunities? ( ) V MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade Xx the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fsh or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long -term, environmental goals? 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 in connection with the effects of past Projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse affects on human beings, either directly or indirectly? XVII. EARLIER ANALYSIS. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one 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 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 incorporated 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.App.3d 296 (1988); Leonoff v Monterey Board of Supervisors, 222 Cal.App.3d 1337 (1990). ITEM NO. 7 CUP NO. 2005 -17 DATE: July 12, 2005 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services BY: Jonathan Colin, Business License Manager SUBJECT: CONDITIONAL USE PERMIT NO. 2005 -17 11149 Wright Road Assessor Parcel Number 6194 - 027 -016 APPLICANT: Amber Mariscal PROPOSAL This item was continued from the Planning Commission meeting June 14, 2005. The applicant is requesting approval to construct a four (4) detached single- family residences, two- stories in height, with attached 2 -car garages. The applicant proposes to subdivide the property at a later date creating residential condominiums. BACKGROUND The subject property is located at 11149 Wright Road on the west side of Wright Road between Los Flores Boulevard and Beechwood Avenue, Assessor Parcel Number 6194- 027 -016, in the R -3 (Multiple - Family Residential) zone. The parcel totals 10,100 square feet in area. ANALYSIS & DISCUSSION The Lynwood Municipal Code (LMC) requires multiple family residential developments in R -3 zones to obtain approval of a conditional use permit. The project is consistent with both the General Plan designation of Multi - Family Residential and the R -3 zoning for the property The site has a General Plan designation of Multi- family Residential allowing 18 units per acre or 1 unit per 2,420 square feet of property. The parcel totals 10,100 square feet and could accommodate a maximum of four (4) residences. The site plan indicates a minimum 20' -0" front yard setback with access provided by a 14 foot driveway along the north property line. Landscaping exceeds the minimum thirty -five percent (35 %) standard. C \Docume NS and Se[nnp \,cohn \My Documents\ CUPS \StaffRepoTeup2005- 17Commued doc _ -I - The floor plan for the proposed structure indicates the residence will provide 1,332' square feet of livable area consisting of three bedrooms, two and a half bathrooms, kitchen, dining and living room. The garages are attached and total 204 square feet each. The elevations indicate the two -story structure that totals 23' -11" in height to the roof point and consists of stucco siding, and ARC 80/ Spanish Tile. Lynwood Municipal Code Section 25 -25.7 sets forth four (4) findings the Planning Commission must make in order to grant a conditional use permit. Following are the findings in bold, and staff responses. A. The granting of the proposed conditional use permit will not adversely affect the comprehensive General Plan. The General Plan Designation for the subject property is Multi - Family Residences that is consistent with the R -3 zoning designation. The project is consistent with the General Plan policies and goals in the Land Use and Housing Elements. B. That the proposed location of the conditional use is in accord with the objectives of this chapter and the purpose of the zone in which the site is located. The project would be consistent with the R -3 zone pertaining to density and would satisfy all development standards to include but not be limited to setbacks, building height, landscaping and parking. C. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Approval of the conditional use permit is permitted pursuant to Section 25 -4 of the Lynwood Municipal Code. The project would provide new housing and assist the City's fair share of regional housing (RHNA) set forth by the State. Conditions of approval set forth in Resolution 3085 would mitigate potential impacts to a level of insignificance. D. That the proposed conditional use will comply with each of the applicable provisions of this chapter, except for approved variances. The project would comply with all development standards set forth in the LMC. No variances are,necessary C Noeun vnts and SenmgctjslidWy Ducu=nts\CVPs1StaltRepon%cup 2005- 17Conunued dm - _ I - ENVIRONMENTAL REVIEW The Development Services Department has determined that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) guidelines pursuant to Sections 15303(b). RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 3085 approving Conditional Use Permit No. 2005 -17. Attachments: 1. Project Profile 2. Location Map 3. Vicinity Map 4. Resolution 3085 5. Plans (Site, floor and elevations) C \Documents and Setun's \tCOhn \bfy D.C.ncnts\ CUPS \StattRepon\cup2005- 17Conhnued do. -3- PROJECT PROFILE Conditional Use Permit No. 2005 -17 11149 Wright Road Assessor Parcel Number 6194 - 027 -016 1. Source and Authority Lynwood Municipal Code (LMC) Section 25- 4.2(a) sets forth permitted uses in residential zones; LMC Section 25 -4.5 sets forth development standards in residential zones and LMC Section 25 -25.7 sets forth findings approval of a Conditional Use Permit. 2. Property Location and Size The subject property is located at 11149 Wright Road, on the west side of Wright Road, between Los Flores Boulevard, and Beechwood Avenue, Assessor Parcel Number 6194 - 027 -016, in the R -3 (Multi - Family Residential) zone. The property is a vacant lot that measures 10,100 square feet. 3. Existing Land Uses Site Developed North: Manufacturing South: Single and Multi - Family Residential West: Single and Multi - Family Residential East: Manufacturing 4. Land Use Designation The subject parcels have a General Plan Designation of Multi - Family Residential that is consistent with the R -3 (Multi - Family Residential) zoning. The adjacent properties General Plan and Zoning designations are as follows: C \Documents and Setnngs \jcohnddy Doiunnnt s\ CUps \SmffRepon\cup2()n5- 17Connnued doc -4- Site General Plan North: Industrial South: Multi - Family Residential West: Multi - Family Residential East: Industrial 5. Site Plan Review Zoning M (Manufacturing) R -3 (Multi - Family Residential) R -3 (Multi - Family Residential) M (Manufacturing) The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions of approval set forth in Resolution 3085. 6. Code Enforcement History No code enforcement case to date. 7. Public Response None of record at the time of this report. C \Doco, eots and SatUngs \jcoLnN1y Doc Un vnO CUPS \StattRepwA,p'_OD5- 17Conunced doc -5- LOCATION MAP --ff5t j.� yf. e! yry p�95 Q A p: 195 f � � °.I oT 1 al 1 I6 } 4 �Y RD. I I4 hI ° i I J ansa 11� i3i \� WRIGHT p5.oc 21 oT 1 al 1 ell. 119 RD. I I I I i I I I I 1 I I I I I I I I I I i< -^ r� �� r I h I I I I I I I � \ I I ry \'\ji_[� _ O L..VVI\)l !S » Case No. CUP NO 2005 -17 Site Address: 111 Wright Road O r- woP.n I I: Q nn m O O O a ry8 A ` IJ i OB � M% pfAZ�M I I e Y — TI I I I 1 I 1 I I � /AVE �+I� Q til I I G Ai N 6i44- 021 -IGi6 Applicant Name: Ama�!c F.^,'? 'sca! [ X ] 300' or [ ] 500' Radius Map RESOLUTION NO. 3085 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2005 -17, TO CONSTRUCT FOUR (4) DETACHED RESIDENCES, TWO- STORIES IN HEIGHT, WITH ATTACHED TWO -CAR GARAGES AT THE PROPERTY LOCATED AT 11149 WRIGHT ROAD, IN THE R -3 (MULTI- FAMILY RESIDENTIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6194- 027 -016, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on July 12, 2005 conducted a public hearing on Conditional Use Permit No 2005 -17, and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is Categorically Exempt from the California Environmental Qualify Act (CEQA) pursuant to Section 15303(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 zoning is R -3 (Multi - Family Residential) and is consistent with the General Plan designation of Multi - Family Residential. B. That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site in located. The subject property is located in the R -3 zone and is sufficient in size and shape to accommodate four (4) residences and satisfy all applicable development standards. - C That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity Conditions of approval have been included in the project pursuant to Resolution 3085 to mitigate potential impacts to a level of insignificance. ,, ati. mv., \1 ,'h1\,1 > CIInMLI,d m", 1 D That the proposed conditional use will comply with each of the applicable provisions of Chapter 25 of the Lynwood Municipal Code except for approved variances. The project will comply with all development standards set forth in LMC Section 25 -4 Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2005 -17, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1 The conditional use must be acted upon within 180 days of approval. The Conditional Use Permit shall become null and void 180 days from the date of approval if not acted on within this period. One extension of 90 days may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Development Services Department. 2. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. 3. The project shall be developed in accordance with plans approved by the Lynwood Planning Commission and on file in the Development Services Department, Planning Division. 4 Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications 5 The property owner shall sign a Statement of Acceptance stating that he /she has read, understands, and agrees to all conditions of this resolution prior to issuance of building permits. 6. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION 7 The project shall provide four (4) 2 -car garages. Such garages shall remain unobstructed and available for vehicle parking at all times. C Uou'.I.0CUP, \RC .... W -3115 Cnnunucd&1 2 8 All driveways shall be permanently paved, maintained and remain clear and accessible for vehicle access at all times. 9 Landscaped areas shall consist of a minimum of thirty -five (35 %) percent of the gross lot area. The required front, rear, and side yards shall be landscaped and shall consist predominately of plant materials except for necessary walks, drives and fences. Landscaping and permanent irrigation systems shall be installed in the front yard setback area in accordance with detailed plans to be submitted and approved by the Planning Division prior to issuance of any building permits. 10. A six (6) foot high solid and sight- obscuring fence shall be installed around the perimeter of the property, except within the twenty -foot (20') front yard setback area. Front yard fences shall not exceed four feet (4') in height and may be constructed of wrought iron or wrought iron with block pilasters. 11 Prior to the issuance of building permits, the developer shall pay $2.24 per square foot to the Lynwood Unified School District. 12. Acoustical construction materials shall be used throughout the units to mitigate exterior noise to the standards and satisfaction of the Building and Safety Division. 13. The roof shall be constructed with a non - reflective material of concrete tile, Spanish tile, ARC 80 or equivalent subject to review by the Planning Commission. 14 Air conditioners, heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanical devices shall be located within the rear yard or side yards. Such equipment shall be screened from surrounding properties and streets and operated so that they do not disturb the peace, quiet and comfort of neighboring residents, in accordance with the City's Noise Ordinance 15. The property owner shall maintain a pro- active approach to the elimination of graffiti from the structures, fences and accessory buildings, on a daily basis. Graffiti shall be removed within twenty -four (24) hours. 16. New structures shall consist of colors reviewed and approved by the Development Services, Planning Division. 17 Two (2) large trees on property must be removed. 18. Chain link fence in front yard must be removed and replaced with a rod iron or block and iron fence. cvm, ummi. and y uo�umemmt ur.\xo„ r«omxsa,nnnu.aa,). 3 ENVIRONMENTAL SERVICES /ENGINEERING DEPARTMENT 19 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 20 Construct new sidewalk, curb and gutter, drive approach(es) and required pavement along Wright Road. 21 Construct new drive approach(es) per APWA standards. 22. Close existing drive approach and construct proposed drive approach(es) per APWA standards. 23. Ground and overlay (11/2 ") min) of Wright Road from edge of gutter to edge of gutter '24 Connect to public sewer Each building shall be connected separately Construct laterals as necessary Minimum size required is six inches (6 "). When connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integrity by providing a video tape of the lateral to the Department of Environmental Services /Engineering Division 25 Install two (2) 24" box street tree(s) per APWA standards along Wright Road. Species shall be determined by Environmental Services. A permit to install the trees is required by the Engineering Division. The exact location of the trees will be determined at the time the permit is issued. 26 Regrade parkway and landscape with grass. 27 Provide and install one (1) marbelite street pole with light fixture, underground services and conduits along Wright Road. Exact location shall be determined by City 28. Underground all new utilities. 29 A permit from the Engineering Division is required for all off -site improvements. 30. All required water meters, meter service changes and /or fire protection lines shall be installed by the developer The work shall be performed by a licensed contractor hired by the developer The contractor must obtain a permit from the Public Works /Engineering Division prior to performing any work. Each building shall have its own water meter. t' \IJJWmfOn enJ SCnmc� \V nlin�V�Unuimcno \WI's \Rnudre�u 11kl5 Con,m�Id Jug 4 31 This project may be subject to the city of Lynwood's Construction and Demolition Ordinance Determination shall be made upon submittal of the project's cost estimate to the Department of Environmental Services. BUILDING AND SAFETY DIVISION 32. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. The Uniform Building Code - 2001 edition, The Uniform Plumbing Code - 2001 edition; The Uniform Mechanical Code - 2001 edition The Los Angeles County Fire Code — 2001 edition, The 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 0 restrictive provisions shall govern LOS ANGELES COUNTY FIRE DEPARTMENT 33. The applicant shall comply with all conditions set forth by the Los Angeles County Fire Department for this application. Please contact the Los Angeles County Fire Department, Land Development Unit, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040 -3027, (323) 890 -4243. Section 3. A copy of Resolution 3085 shall be delivered to the applicant. C \I maumrni. Ind ... 30n5 C,,nununJ Jac 5 APPROVED AND ADOPTED this 12 day of July, 2005, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT Grant Taylor, Director Development Services Department Victor Gomez, Chairman Lynwood Planning Commission APPROVED AS TO FORM: Jennifer Mizrahi, Deputy City Attorney Planning Commission Counsel OWu.umcnh end Seamed palm \MV Iknumcnty \CUI'dkcm.4c�uUBS pmunucJ Ja. 6 ITEM NO. 8 CUP NO. 2005 -18 VAR NO. 2005 -05 DATE: July 12, 2005 TO: Honorable Chair and Members of the Planning Commission BY: Grant Taylor, Director of Development Services SUBJECT: Conditional Use Permit 2005 -18 and Variance 2005 -05 4345 Imperial Highway Assessor Parcel Number 6193 - 003 -043 APPLICANT: David Gilmore (Grae Ventures) PROPOSAL The applicant is requesting approval to construct a 1,694 square foot addition to the DaVita Kidney Dialysis facility located at 4345 Imperial Highway in the PCD (Planned Commercial Development) zone. The existing medical building totals 6,601 square feet and the addition would bring the total building area to 8,295 square feet. In addition, the applicant proposes a parking variance reducing parking from the minimum requirement of 278 stalls to 265 stalls. At the last Planning Commission meeting the item was continued and the Commission directed staff and the applicant to address the following: 1) Lighting behind the building; 2) Hours of Operation; 3) Landscaping; 4) Pick -up /Drop -off in front of the building to include: • speed limit signs • directional signs • striping • altering curb The applicant has addressed the above - identified concerns to be reviewed and acted upon at the Planning Commission meeting. The Lynwood Redevelopment Agency Executive Director and Assistant Director agreed that the item does not require revisiting by the Agency. h�worEfilelplarvun8�s/aA ytfTPM ?000 -01 DOC BACKGROUND The subject building is located in the Atlantic Crossings Shopping Center on the north side of Imperial Highway just west of Atlantic Avenue, behind the Kentucky Fried Chicken /Long John Silver Restaurant. The property is irregular in shape and totals approximately 228,627 square feet (5.24 acres) in area. The shopping center project received approval of Conditional Use Permit No. 2001 -09 pursuant to Resolution 2842 on September 11, 2001 and the property was developed in three (3) phases to include: Existing Medical Building: 6,601 square feet Proposed Addition 1,694 Building A (Starbuck's) 4,109 Building B 20,945 Building C 3,225 TOTAL 51,064 The project site was previously larger, however, the developer gave. the City of Lynwood a parcel over 25,000 square feet in area that is just west of the medical building parking lot area and is currently vacant. DISCUSSION & ANALYSIS Professional and medical offices are permitted uses in all commercial zones. The dialysis facility, due to demand, proposes to expand 1,694 square feet. The site plan identifies the facility at the rear of the property just west of the Walgreen's and just north of the KFC restaurant. The addition would remove one row of parking or approximately six (6) stalls. The floor plan identifies a large treatment area to accommodate additional patients, storage, bins area, lab area, and a nurse station. The elevations identify that the addition will be architecturally consistent with the existing building and shopping center including a tile roof, concrete building and stucco pilasters. The elevations contain a detailed exterior finish schedule. The project requires 278 parking stalls and the project would provide 265 stalls, a deficit of thirteen (13) parking stalls (i.e. 4.7% reduction). The Lynwood Municipal Code allows staff to administratively grant a parking variance not to exceed ten percent (i.e. 27 parking stalls), however, due to the commercial activity and traffic circulation in the shopping center, staff is processing a formal variance. h'..'dfiklpj..'y o. ryPATPX120 1 WC 2 Lynwood Municipal Code Section 25.130.050 identifies five (5) findings that must be made by the Lynwood Planning Commission to approve a conditional use permit to include: a) That the proposed Conditional Use Permit is consistent with the General Plan; b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; c) That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; d) That the proposed conditional use complies with all applicable development standards of the zoning district; e) That the proposed conditional use observes the spirit and intent of this Zoning Code. Staff has determined that the above - identifies findings have been satisfied. LMC Section 25.135.060 identifies six (6) findings required to approve a variance to include: a) That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone; b) That such Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone, but which is denied the property in question; c) That the granting of such Variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; d) That in granting the Variance, the spirit and intent of this Zoning Code will be observed; e) That the Variance does not grant special privilege to the applicant; f) That the Variance request is consistent with the General Plan of the City of Lynwood. Staff has determined that the above - identifies findings can be made. h�wrdfil6planning \saftffPM200 I DOC 3 ENVIRONMENTAL ASSESSMENT A Mitigated Negative Declaration /Initial Study was previously certified for the project and would satisfy the proposed addition. RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 3087 approving Variance No. 2005 -05 and adopt Resolution 3086 approving Conditional Use Permit No. 2005 -18 Attachments: 1. Project Profile 2. Location Map 3. Resolution 3086 4. Resolution 3087 5. Plans h\ worEfile \plarwng�sufl'rpr \TPM2000 -01 DO 4 PROJECT PROFILE Conditional Use Permit No. 2005 -18 & Variance No. 2005 -05 4345 Imperial Highway APN 6193 - 003 -043 1. Source of Authority Lynwood Municipal Code (LMC) Section 25 -25.7 sets forth the findings for the Planning Commission to approve a conditional use permit; LMC Chapter 25 -34 sets forth the permitted uses and development standards for the PCD (Planned Commercial Development) zone; LMC Section 25 -26.7 sets forth findings for the Planning Commission to approve a Variance. 2. Property Location and size. The medical building totals 6,601 square feet in area and is located in the Atlantic Crossings Shopping Center on the northwest corner of Atlantic Avenue and Imperial Highway, and totals approximately 282,627 square feet or 5.24 acres in area. 3. Existing Land Use. The shopping center consists of five (5) buildings that total 51,064 square feet. The land uses surrounding the parcels consist of the following: North: On Atlantic is a commercial shopping center & Lugo School South: On Imperial Highway is a restaurant and service station East: On Atlantic Avenue commercial uses and a service station West: On Imperial Highway is multiple - family residential 4. Land Use Designation The General Plan Designation for the property is Commercial. The surrounding land use designations and zoning classifications are as follows: Zonino PCD (Planned Commercial Development) PCD (Planned Commercial Development) C -3 (Heavy Commercial) C -3 (Heavy Commercial) R -1 (Single - Family Residential) h \wot file\plar ng\ sta pt \TPh12o ] W 5 General Plan Subject: Commercial North: Commercial South: Commercial East: Commercial West: Single - Family Res. Zonino PCD (Planned Commercial Development) PCD (Planned Commercial Development) C -3 (Heavy Commercial) C -3 (Heavy Commercial) R -1 (Single - Family Residential) h \wot file\plar ng\ sta pt \TPh12o ] W 5 5. Zonino Enforcement History None of record. 6. Public Response None of record at the time this report was written. 7. Site Plan Review The Site Plan Review Committee has recommended approval to the Planning Commission, subject to specific conditions set forth in Resolution 3086. The Redevelopment Division recommends concept review and comments from the Planning Commission. h \wordfile\plm ng \staffrpffPM200 I DO 6 ;eILS ^c: 6i r� A N `ST �C <� j F-� 0 Z0 0 _ o, ID m m o C 3 Ic Case No CONDITIONAL USE PERMIT NO. 2005 -18 & VARIANCE NO. 2005 -05 Site Address 4345 IMPERIAL HIGHWAY ApphcantName GRAE VENTURES (DAVID GIIMORE) [ 1 300' or [ 1 500' Raduis Map RESOLUTION 3086 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2005 -18; TO CONSTRUCT A 1 SQUARE FOOT ADDITION, ONE -STORY IN HEIGHT, TO A MEDICAL BUILDING, ON PROPERTY LOCATED AT 4345 IMPERIAL HIGHWAY, APN 6193 - 003 -043 IN THE PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission conducted a continued public hearing on July 12, 2005 on the application; and WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public hearing on June 14, 2005 and continued the item; and WHEREAS, the Lynwood Planning Commission considered all public oral and written testimony at the public hearing; and WHEREAS, the Lynwood Redevelopment Agency provided development concept approval of the commercial shopping center and medical office building; and WHEREAS, the Development Services Department has determined that the project may have significant impacts on the environment, therefore, an Initial Study was previously performed, a Negative Declaration prepared, and appropriate mitigation measures included in the project to reduce potential impacts to a level of insignificance pursuant to the provisions of the California Environmental Quality Act (CEQA). The addition is categorically exempt pursuant to Section 15303(c). Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. That the proposed conditional use is consistent with the General Plan. The project is consistent with the Commercial General Plan Land Use Map designation. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures. All development standards set forth in the Lynwood Municipal Code for the PCD zone have been satisfied. H \WOR FIUTLA NINGU SOS\ .3086 d. 1 C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. Mitigation measures and conditions of approval have been included into the project to reduce potential impacts to insignificant levels. The site is adequate for the addition. D. That the proposed conditional use complies with all applicable development standards of the zoning district. All development standards would be met except parking. Staff has the authority to approve a minor variance administratively but elected to process a formal variance. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. Proper and reasonable provisions have been made for adequate ingress and egress to the property, parking, setbacks, landscaping and other applicable development standards. Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2005 -18, subject to the following conditions: CONDITIONS OF APPROVAL 1. The applicant, or his /her representative, shall sign a Statement of Acceptance stating that he /she has read, understands, and agrees to the conditions included in this Resolution prior to the issuance of any building permits. 2. The applicant shall meet the requirements of the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other applicable City Departments. I Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division. 4. This conditional use permit is valid for one hundred eighty (180) days and shall become null and void unless the applicant makes progress and is actively pursuing use of such permit. This approval may be extended for an additional ninety (90) days, provided that prior to the expiration date, a request for extension is filed with the Planning Division in writing. 5. All conditions of approval shall be printed on the cover page of plans prior to submittal to the Building and Safety Division for plan check. H MOR FILE\PLA INGV SOSVe.3086a do 2 PLANNING DIVISION 6. The applicant shall submit a detailed landscaping and permanent irrigation plan prepared by a licensed landscape architect to be reviewed and approved by the Development Services Department, Planning Division prior to the issuance of building permits. Such landscaping shall occupy a minimum of seven percent (7 %) of the project area. 7. All parking areas shall be permanently paved and maintained and shall be delineated and equipped with bumper guards. Such parking areas shall be well illuminated and secure as to prevent loitering and the attraction of public nuisances. 8. There shall be no outdoor storage of materials or equipment once the Certificate of Occupancy is issued. 9. The business operators and /or property owners shall maintain a proactive approach to the removal of graffiti. Graffiti shall be removed within twenty-four (24) hours. 10. A six -foot (6� chain fence shall be maintained around the property during construction activities to prevent trespass and loitering. 11. A minimum of one (1) trash enclosure accessible for removal by the solid waste company. Such trash enclosures shall be constructed of masonry walls on three sides, six feet (6� in height, with solid sight obscuring gates. The property owner shall only contract with Consolidated Waste Disposal. 12. The building shall comply with a comprehensive sign program consistent with the commercial shopping center. Sign permit applications shall be reviewed and approved by the Development Services Department, Planning Division prior to the installation of any signs. 13. The applicant shall submit a building exterior materials and color sample board. Such materials and colors may be subject to review and approval of the Lynwood Redevelopment Agency. 14. During construction, the contractor shall water exposed dirt areas on a daily basis in order to reduce dust impacts on properties in the vicinity. 15. Days and hours of construction shall be limited from 7:00 a.m. to 7:00 p.m. Monday through Friday only. 16. The applicant shall submit a detailed security plan to include cameras, security personnel and other proposed public safety measures. H \WOR FIUTLANNINGU SOS4.3086a d. 3 17. The vehicle access areas shall have directional signs and directional arrows delineated to provide safe flow of traffic. 18. The property owner or tenants shall post no loitering signs and prevent persons from loitering on the premises during business hours. 19. Prior to the issuance of building permits, the applicant shall submit a detailed exterior lighting plan. The lighting plan shall identify locations, intensity and shielding to direct lighting inward and away from adjacent properties. BUILDING AND SAFETY DIVISION 20. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: The Uniform Building Code — 2001 edition; The Uniform Plumbing Code — 2001 edition; The Uniform Mechanical Code — 2001 edition; The National Electric Code — 2001 edition; The Los Angeles County Fire Code — 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. REDEVELOPMENT AGENCY 21. The applicant shall pave the City owned lot west of the project. 22. The project shall be consistent with all provisions set forth in the Development and Disposition Agreement (DDA) approved by the Lynwood Redevelopment Agency. ENVIRONMENTAL SERVICES / ENGINEERING 23. This project may be subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost estimate to the Department of Environmental Services. LOS ANGELES COUNTY FIRE DEPARTMENT 24. The applicant shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Land Use and Engineering Divisions. H IWOMFIUPLANMNGU SOSVem3086. do 4 25. Submit architectural drawings, including: site plan, floor plan, elevations, door and window schedules to Fire Prevention Engineering, 5823 Rickenbacker Road, Commerce, CA 90040 -3027, (323) 890 -4125. Section 3. A copy of Resolution 3086 and its conditions shall be delivered to the applicant. APPROVED AND ADOPTED this 12 day of July, 2005, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Grant Taylor, Director Development Services Department Victor Gomez, Chairperson Lynwood Planning Commission APPROVED AS TO FORM: Jennifer Mizrahi, Deputy City Attorney Planning Commission Council H \WOft FIMPLA NINGU SOS4eM308bd do ` RESOLUTION 3087 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2005 -05, TO REDUCE THE MINIMUM REQUIRED PARKING THIRTEEN (13) STALLS FROM 278 STALLS TO 265 STALLS IN ORDER TO CONSTRUCT A 1 SQUARE FOOT ADDITION TO AN EXISTING 6,601 SQUARE FOOT KIDNEY DIALYSIS FACILITY LOCATED AT 4345 IMPERIAL HIGHWAY IN THE PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6193- 003 -043, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission conducted a continued public hearing on July 12, 2005 on the project; and WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a duly noticed public hearing on Variance No. 2005 -05 on June 14, 2005 and continued the application; and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department determined that the project is categorically exempt from provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303(a). A Mitigated Negative Declaration /Initial Study was previously prepared for the shopping center. The environmental review will satisfy the proposed addition. Section 1. The Planning Commission hereby finds and determines as follows: a. That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone. The property is irregular in shape and parking stall and aisle dimensions are difficult to implement. H 1%'G FILETLAN WGNESOSVcw308 do 1 b. That such Variance is necessary for the preservation and enjoyment of substantial properly rights possessed by other properties in the same vicinity and zone, but which is denied the property in question. Many commercial projects are developed at one parking stall per 400 square feet of building area, whereas this shopping center is developed at one parking stall per 250 square feet of building area. C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. Conditions of approval and mitigation measures have been included to reduce potential impacts to insignificant levels. d. That in granting the Variance, the spirit and intent of this Zoning Code will be observed. The project satisfies all other development standards. In addition, staff does have the authority to grant the variance administratively. e. That the Variance does not grant special privilege to the applicant. Many commercial developments in the City do not satisfy current parking standards. The subject property is only parking deficient by thirteen (13) stalls or 4.7 %. f. That the Variance request is consistent with the general Plan of the City of Lynwood. The property is zoned PCD that is consistent with the Commercial General Plan Land Use Map designation. Section 2. The Planning Commission of the City of Lynwood, based upon the findings and determinations identified above, hereby approves Variance No. 2005 -05. H MOB FILETLA NINGV SOSVee 3087 d. 2 APPROVED AND ADOPTED this 12 day of )uly, 2005, by members of the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Grant Taylor, Director Development Services Department I H \WOfl FILETLANNINGV SOSV<.3087 d. Victor Gomez, Chair Lynwood Planning Commission APPROVED AS TO FORM: Jennifer Mizrahi, Deputy City Attorney Planning Commission Counsel 3 ITEM NO. 9 CUP NO. 2005 -19 DATE: July 12, 2005 TO: Honorable Chairman and Members of the Planning Commission FROM: Grant Taylor, Director, Development Services BY: Art Barfield, Planning Associate SUBJECT: Conditional Use Permit No. 2005 -19 11262 Duncan Avenue Assessor Parcel Number 6194 - 016 -027 APPLICANT: Jose Murguia PROPOSAL The applicant is requesting approval of a Conditional Use Permit to develop six (6) new single family dwelling units arranged as three (3) attached residential duplexes, and regulated as a Residential Condominium Projection Section 25 -20.70 in a R -3 (Multi - Family Residential) zone, at 11262 Duncan Avenue. PROJECT CHARACTERISTICS The subject property is located on the east side of Duncan Avenue between Beechwood Avenue and Sanborn Avenue, in the R -3 (Multiple Family Residential) zone. The parcel has 60 feet of street frontage, and is 264 feet in depth, totaling approximately 15,840 square feet in area. The property is currently developed with a residential dwelling, scheduled to be demolished. The project is described as a development of three (3) two -story residential duplexes and, typically, with a two -car garage on the first level and living quarters on the second level per unit. The proposed residential dwelling units would have 1, 828 square feet of living and 425 sq. ft. parking area per unit and 2,240 total square feet in size, with each individual dwelling site, approximately 34 x 60 feet in size. The existing driveway would be utilized for access and expanded to the rear of the property. The floor plans indicate that each dwelling unit would consist of a kitchen, living room, bedrooms, and balcony. The elevations indicate the two -story structure would total 23 feet in height, have a stucco exterior, an Arch 80 asphalt shingles. The proposed duplexes are architecturally compatible with surrounding development. H \WORDFILE \PLANNING \STAFFRPT \cup2005 - 1911262 duncan avdoc - 1 - A project of this type can be viewed at 8008 -16 Rose Avenue, Paramount, Ca. 90723 The Lynwood Municipal Code (LMC) permits eighteen (18) dwelling units per acre in the R -3 zone. That translates to one unit per 2, 420 square feet of gross property area. The property, which allows a maximum of six units, is sufficient in size and shape to accommodate the three (3) new duplexes. The Lynwood Municipal Code requires that, at least, 35% of the subject site be landscaped. ANALYSIS AND CONCLUSION 1. Consistency with the General Plan and Zoning Ordinance The use, new residential units, is compatible with the General Plan, and, the proposed off - street parking is consistent with the Circulation Element of the General Plan. New residential units are allowable uses according to Chapter 25 -20 of the Lynwood Zoning Code. 2. Site Suitability and Compatibility The site is developed with one existing residential use scheduled to be demolished. The site is suitable for the new uses and compatibility with surrounding residential uses in the area. FINDINGS REQUIRED FOR GRANTING A CONDITIONAL USE PERMIT Pursuant to LMC Section 25.130.050 five (5) 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. That the proposed Conditional Use is consistent with the General Plan. The General Plan land use designation is Multi - Family Residential that is consistent with the subject property that has an R -3 (Multiple Family Residential) zoning classification. H \WORDFILE \PLANNING \STAFFRPT \cup2005 -19 11262 duncan av dx - 2 - b. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures. Conditions of approval set forth in Resolution 2871 would ensure that the public health, safety and welfare is protected and reduce possible negative impacts to a level of insignificance. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The proposed project is consistent with all requirements and standards in the LMC and no variances are necessary. d. That the proposed conditional use complies will all applicable development standards of the zoning district. The project satisfies all standards to include density, setbacks, lot coverage, parking and landscaping. e. That the proposed conditional use observes the spirit and intent of the Zoning Code. Pursuant to Section 25.20.010 (c) the project carries out the intent of the Multi - Family Family Residential zone with respect to use, location and density. ENVIRONMENTAL ASSESSMENT The Development Services Department 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(b), of the State Guidelines. RECOMMENDATION Staff respectfully recommends that the Planning Commission adopt Resolution 3088 and approve Conditional Use Permit No. 2005 -19 Attachments: 1. Project Profile 2. Location Map 3. Resolution 3088 4. Plans H \ WORDFILEWLANNMG \STAFFRPT%cup2005 -19 11262 duncan av do -3 - PROJECT PROFILE Conditional Use Permit No. 2005 -19 11262 Duncan Avenue 1. Source and Authority Lynwood Municipal Code (LMC) Section 25- 20.020 sets forth permitted uses; LMC Section 25.20.30 sets forth development standards within the R -1, R -2 and R -3 zones; and LMC Section 25 -130 sets forth required findings for the Planning Commission to grant approval of a Conditional Use Permit. 2. Property Location and Size The subject property is located on Duncan Avenue between Beechwood Avenue and Sanborn Avenue. The subject property is located on the east side of Duncan Avenue. The property totals approximately 15,840 square feet in size. 3. Existing Land Uses The site is currently developed with a single story dwelling. Surrounding land uses are as follows: Site Developed North School South Multiple Family Residential West Multiple Family Residential East Multiple Family Residential 4. Land Use Designation The subject property has a General Plan Land Use Designation of Mult- iFamily Residential, and, currently zoned R -3 (Multi - Family Residential), therefore, consistent with the adjoining properties. The General Plan and zoning designations are as follows: H 1WORDFILE \PLANNING \STAFFRPTkup2005 -19 11262 duncan av doe - 4 - Site General Plan Zoning North Multi- Family Residential R -3 South Multi - Family Residential R -3 West Multi - Family Residential R -3 East Multi - Family Residential R -3 5. RE 7 Site Plan Review The Site Plan Review Committee has reviewed the project, recommended approval, and conditions are included in Resolution 3088. Code Enforcement History No record at the time of this report. Public Response None of record at the time of this report. H.\ WORDFILETLANNING \STAFFRPT%cup2005 -19 11262 duncan av doc - 5 - �Iervrces am, OWNERSHIP / OCCUPANTS LIST RADWS MAPS - LAND USE - PLANS MUNICIPAL COMP WNCE CONSULTING LAMBERT AVE-EL MONTE, CA 91732 FAX(M)3 i PROJECT INFORMAWN 11262 DUNCAN AVE LYNWOOD, CA. 05-279 �Z7 SCALE 1'=150' a / L� n! :41� RESOLUTION 3088 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2005 -19, PERMITTING THE CONSTRUCTION OF SIX (6) DWELLINGS AS THREE (3) DUPLEXES ON PROPERTY LOCATED AT 11262 DUNCAN AVENUE, IN THE R -3 (MULTIPLE FAMILY RESIDENTIAL) ZONE, ASSESSOR PARCEL NUMBER 6194 - 016 -027, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Planning Commission of the City of Lynwood did pursuant to law, conduct a public hearing on July 12, 2005, on a proposed Conditional Use Permit with respect to the above - identified property; and WHEREAS, the Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is categorically exempt from the provisions of the California. Environmental Quality Act (CEQA) Guidelines pursuant to Section 15303(b); Section 1. The Planning Commission hereby finds and determines as follows: A. That the proposed Conditional Use is consistent with the General Plan. B. That the nature, condition, and development of the adjacent uses, buildings, and structures have been considered, and that use will not adversely or be materially be detrimental to these adjacent uses, buildings, or structions. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. D. That the proposed conditional use complies with all applicable development standards of the zoning district. 11 aunon dm E. That the proposed Conditional Use observes the spirit and intent of this Zoning Code. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Conditional Use Permit No. 2005 -19, provided the following conditions are observed and complied with at all times. DEVELOPMENT SERVICES DEPARTMENT 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, the California Building 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 review. 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 year after the use permitted has been abandoned, or ceases to be actively exercised, unless extended. 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. PLANNING DIVISION 6. The roof material shall consist of Spanish tile, concrete tile, ARC 80 Composition Asphalt or equivalent as reviewed and approved by the Planning Division. 7. 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 consist of installed roll turf grass only. H \WOR FILETLAN NGaESOSV SO}Qgg 11262 duM. d. -2- 8. 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. 9. All driveways and parking areas shall be permanently paved with concrete and maintained in good condition. 10. Air conditioners, heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanical devises shall be located within the rear 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 neighboring residents, in accordance with the City's Noise Ordinance. 11. A solid and sight- obscuring fence, six feet (6� in height shall be provided and maintained around the perimeter of the parcel except for the front yard setback area. The applicant shall obtain required fence permits prior to installation. 12. Parking stalls shall remain clear and accessible for vehicle parking at all times. 13. The roof on the existing residence shall be inspected by the Building & Safety Division prior to issuance of the Certificate of Occupancy. If such roof is substandard or does not satisfy standards set forth in the California Building Code, a permit shall be obtained and such roof repaired. 14. The property owner shall remove the unauthorized addition to the front residence that encroaches into the driveway prior to issuance of the Certificate of Occupancy. 15. The applicant shall remove the tree stump prior to the issuance of the Certificate of Occupancy. BUILDING AND SAFETY DIVISION 16. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: The Uniform Building Code — 2001 edition, The Uniform Plumbing Code — 2001 edition; The Uniform Mechanical Code — 2001 edition; The Los Angeles County Fire Code 2001 edition; The National Electric Code — 2001 edition; N(N'OR FILET L 4NNINGU SOSV S0308811262&nwn dm -3- 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. DEPARTMENT OF ENVIRONMENTAL SERVICES 17. Site plan is incorrect. Show all existing structures. 18. Submission and recordation of a tract map is required. Certificates of Occupancy will not be issued prior to the recordation of a subdivision map. 19. Submit a grading plan prepared and signed by a registered Civil Engineer. Property located within the 100 year flood level zone per boundary map. Also, conform to all applicable codes per section 12 1 /2 of Lynwood Municipal Code. Building above the flood level will require substantial amount of fill, therefore, alternative method of design to minimize amount of livable space at ground level. 20. Construct new sidewalk, curb and gutter, drive approach (es) and required pavement along Duncan Avenue. Address the ponding water problem in front of existing common drive approach. 21. Close existing common drive approach and reconstruct proposed 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 lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integrity by providing video tape of the lateral to the Department of Environmental Services /Engineering Division. 23. Install one (1) 24" box street tree per APWA standards along Duncan Avenue. 24. Regrade parkway and landscape with grass. 25. Provide and install two (2) marbelite street poles with light fixture, undergrounds services and conduits. Exact location shall be determined by the City Engineer. H \WORDFILEWLA INGU SOMS0308811262 dunr d« l� 26. Underground all new utilities. 27. All Edison vaults and structures shall be placed underground. 28. A permit from the Engineering Division is required for all off -site improvements. 29. 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 Division prior to performing any work. Each building shall have its own water service /meter. 30. This project may be subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost estimate to the Department of Environmental Services. 31. Show existing building on grade plan, LOS ANGELES COUNTY FIRE DEPARTMENT 32. The applicant shall contact the Los Angeles County Fire Department for plan check and permit requirements. Contact the Fire Prevention Division, Land Use Unit, 5823 Rickenbacker Road, Commerce, CA 90040 -3027, (323) 890 -4243. Section 3. A copy of Resolution 3088 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. H \WOF FILETLA . WGN SOSV 50308811262 dun ndw —5— APPROVED AND ADOPTED this 12` day of July, 2005 by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Grant Taylor, Director Development Services Department Victor Gomez, Chairperson Lynwood Planning Commission APPROVED AS TO FORM: Jennifer Mizrahi, Deputy City Attorney Planning Commission Counsel H \WOR FILEWLA INGV SOSU S0308811262 duno dm -6- ITEM NO. 10 CUP NO. 2005 -20 DATE: July 12, 2005 TO Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services BY: Jonathan Colin, Business License Manager SUBJECT: CONDITIONAL USE PERMIT NO. 2005 -20 11856 Pope Avenue Assessor Parcel Number 6189 - 021 -010 APPLICANT: Jose & Vicente Salmeron PROPOSAL The applicant is requesting approval to construct two (2) attached residences (duplex), two stories in height, with attached two -car garages. The existing residence at the front of the property and existing two -car garage at the rear would remain. The subject property is located on the east side of Pope Avenue between Lavinia Avenue and Josephine Avenue, BACKGROUND The subject property measures 60 feet in width by 160 feet in depth totaling 9, 600 square feet in area and is located on the east side of Pole Avenue between Lavinia Avenue and Josephine Avenue, Assessor Parcel Number 9189- 021 -010, in the R -3 (Multiple - Family Residential) zone. The parcel totals 9,600 square feet in area. At present, there is an existing one -story residence with a two (2) car garage at the rear, which will not be removed. ANALYSIS & DISCUSSION The Lynwood Municipal Code (LMC) requires multiple family residential developments in R -3 zones to obtain approval of a conditional use permit. The project is consistent with both the General Plan designation of Multi - Family Residential and the R -3 zoning for the property. The Lynwood Municipal Code density allows 18 units per acre or 1 unit per 2,420 square feet of property The parcel totals 9,600 square feet and could accommodate a maximum of four (4) residences. C iDocwrienn and Senmg0jl a .MA Dn vo -fl�CUVS1Si,ffR,port4up21()5-10 doc _ -1- The site plan indicates a minimum 20' -0" front yard setback with access provided by a 12 foot driveway on the south property line. Landscaping exceeds the minimum thirty - five percent (35 %) standard. The floor plan for the proposed structure indicates the residence will provide 1,620' square feet of livable area consisting of three bedrooms, two and a half bathrooms, kitchen, dining and living room. The garages are attached and total 400 square feet each. The elevations indicate the two -story structure that totals 22' -9" in height to the roof point and consists of stucco siding, and Spanish Tile. Lynwood Municipal Code Section 25.130.050 sets forth five (5) findings the Planning Commission must make in order to grant a conditional use permit. Following are the findings in bold, and staff responses. A. That the proposed Conditional Use is consistent with the General Plan The General Plan Designation for the subject property is Multi - Family Residences that is consistent with the R -3 zoning designation. The project is consistent with the General Plan policies and goals in the Land Use and Housing Elements. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; The project would be consistent with the R -3 zone pertaining to density and would satisfy all development standards to include but not be limited to setbacks, building height, landscaping and parking. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The site is appropriate in size to house the proposed new structures consistent with the R -3 zone specifications. D. That the proposed conditional use complies with all applicable development standards of the zoning district; and The project would comply with all development standards set forth in the LMC. No variances are necessary. C\ Documents and Semncs \jcuhn\Afy Docuv nts \CUPS \StaffRepon0.up2005 -20 doe _ -2- E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The project would comply with all development standards set forth in the LMC. ENVIRONMENTAL REVIEW The Development Services Department has determined that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) guidelines pursuant to Sections 15303(a). RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 3089 approving Conditional Use Permit No. 2005 -20. Attachments. 1. Project Profile 2. Location Map 3. Vicinity Map 4. Resolution 3089 5. Plans (Site, floor and elevations) C U),,cuinents and Settings \jcohn\NIv Do um nt< \CUP. \SmftReponkup'0o5 - 20 doc -3- PROJECT PROFILE Conditional Use Permit No. 2005 -20 11856 Pope Avenue Assessor Parcel Number 6189 - 021 -010 1. Source and Authority Lynwood Municipal Code (LMC) Section 25- 20.020 sets forth permitted uses in residential zones; LMC Section 25.20.30 sets forth development standards in residential zones and LMC Section 25.130.050 sets forth findings approval of a Conditional Use Permit. 2. Property Location and Size The subject property is located at 11856 Pope Avenue, on the east side of Pope Avenue between Lavinia Avenue and Josephine Avenue, Assessor Parcel Number 6189-021 -010, in the R -3 (Multi - Family Residential) zone. The property measures 9,600 square feet and is developed with a 780 square foot residence. At present, there is an existing one -story residence that will not be demolished and a currently existing detached two -car that will also not be removed. 3. Existing Land Uses Site Developed North: Single and Multi - Family Residential South: Single and Multi - Family Residential West: Single and Multi - Family Residential East: Single and Multi - Family Residential 4. Land Use Designation The subject parcels have a General Plan Designation of Multi - Family Residential that is consistent with the R -3 (Multi - Family Residential) zoning. The adjacent properties General Plan and Zoning designations are as follows: C \Documents and Setunn \,m1WNIN Docum nt. \CUPS \StatfRepnrt4up2005 -20 duc -4- Site General Plan k , 7 North: Multi- Family Residential South: Multi- Family Residential West: Multi - Family Residential East: Multi - Family Residential Site Plan Review Zonin R -3 (Multi - Family Residential) R -3 (ingle - Family Residential) R -3 (Multi - Family Residential) R -3 (Multi - Family Residential) The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions of approval set forth in Resolution 3089. Code Enforcement History No code enforcement case to date. Public Response None of record at the time of this report. C \Docunxnts and SetungiljcoI nWy DocauentsVUPs \StaffRcpon\c up2D)5.>pdoc -5- LOCATION MAP County of Lo54,eI .- Ff., �rerhocY Assess:. 1 6189 I I $I .� s� I I 7 985 I ue r J DUNCAN AVE c w P60 61 6_ 6) as 65 s6 � 6i 68 i s3 ' iP � 5 ' "o \ g POPE AVE a TRACT NO 5686 M 9 62-69 a »r x- 11 Case No. CUP 2005 -20 Site Address: 11856 Pope Ave APN 6189- 021 -010 Applicant Name: Jose & Vicente Salieron X 1300' or [ ] 500' Radius Map 11856 Pope Avenue e' Z J10h L�rege •. m_ Ua +rle St r e ILI V 0 gv H Bre oryd -qd Sr V uergvN �r '�g neg qve 30Um 0EE �900tt c w r. s z ✓ohit" D )lane Park Aotlydale Park, yel vrr 'E Treveg Dr 0 Lugo Sf c Vonna Dr m Cortland Ave lr e n 5� Ajifngton Ave V : Fertile St b r t 04chllllan m . u, r P $lmg v C$dgve � y �' e Q ro c �;` Nifand o, .S y E wilbarn �o . Atvada St pe Lr Pg O drdsr;l2 Q n� Lynwood p Gardens Clalk St Dian gee 9a m ' C .o PeAeruS E Pine St o' Q �, V t% n m Rayburn Sf E'McM ,Van St ` i Z N Jo Otanda S! Aotlydale Park, yel vrr 'E Treveg Dr 0 Lugo Sf c Vonna Dr m Cortland Ave lr e n 5� Ajifngton Ave V : Fertile St b on'S1 E;Addut9! t 04chllllan m . u, r m 3 v tr N� N N o yS f C ante _n_to St z o, .S y E wilbarn Pl r— - E Rosecrans Ave cs"K p Rosecrans Ave �A1e5re Pt 5� Ajifngton Ave V : Fertile St on'S1 E;Addut9! t 04chllllan m . u, r m 3 ._ N N o yS f C ante _n_to St z E y E wilbarn Pl r— - E Rosecrans Ave cs"K p Rosecrans Ave �A1e5re Pt ' _ 1 2005 E Satinde_rsS_ t C PAaDOuest.com, Inc. ; lit V_ ®2005 NAVTEQ RESOLUTION NO. 3089 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2005 -20, TO CONSTRUCT TWO (2) ATTACHED RESIDENCES, TWO- STORIES IN HEIGHT, WITH ATTACHED TWO -CAR GARAGES AT THE PROPERTY LOCATED AT 11856 POPE AVENUE, IN THE R -3 (MULTI- FAMILY RESIDENTIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6189- 021 -010, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on July 12, 2005 conducted a public hearing on Conditional Use Permit No. 2005 -20; and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is Categorically Exempt from the California Environmental Qualify Act (CEQA) pursuant to Section 15303(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 zoning is R -3 (Multi - Family Residential) and is consistent with the General Plan designation of Multi - Family Residential. B. That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site in located. The subject property is located in the R -3 zone and is sufficient in size and shape to accommodate two (2) residences and satisfy all applicable development standards. C That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity Conditions of approval have been included in the project pursuant to Resolution 3089 to mitigate potential impacts to a level of insignificance. C \Uucunsntn and Setting \ palm\Nl)Uocunncnts\CUPa \Nc.u.trnn I0 ha Jut 1 D That the proposed conditional use will comply with each of the applicable provisions of Chapter 25 of the Lynwood Municipal Code except for approved variances. The project will comply with all development standards set forth in LMC Section 25.20 030 Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No 2005 -20, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT The conditional use must be acted upon within one (1) year of approval. The Conditional Use Permit shall become null and void 365 days from the date of approval if not acted on within this period. One extension of one (1) year may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Planning Commission 2. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. 3. The project shall be developed in accordance with plans approved by the Lynwood Planning Commission and on file in the Development Services Department, Planning Division 4 Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 5 The property owner shall sign a Statement of Acceptance stating that he /she has read, understands, and agrees to all conditions of this resolution prior to issuance of building permits. 6. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION 7 The project shall provide two (2) new 2 -car garages. Such garages shall remain unobstructed and available for vehicle parking at all times. C \Un.umcni. And lcu,ng.�p'o6n \ \B Umumcnh \( ❑I'. \RCan..... 31 x4 du. 8. All driveways shall be permanently paved, maintained and remain clear and accessible for vehicle access at all times. 9 Landscaped areas shall consist of a minimum of thirty -five (35 %) percent of the gross lot area. The required front, rear, and side yards shall be landscaped and shall consist predominately of plant materials except for necessary walks, drives and fences. Landscaping and permanent irrigation systems shall be installed in the front yard setback area in accordance with detailed plans to be submitted and approved by the Planning Division prior to issuance of any building permits. 10. A six (6) foot high solid and sight- obscuring fence shall be installed around the perimeter of the property, except within the twenty -foot (20') front yard setback area. Front yard fences shall not exceed four feet (4') in height and may be constructed of wrought iron or wrought iron with block pilasters. 11 Prior to the issuance of building permits, the developer shall pay $2.24 per square foot to the Lynwood Unified School District. 12. Acoustical construction materials shall be used throughout the units to mitigate exterior noise to the standards and satisfaction of the Building and Safety Division. 13. The roof shall be constructed with a non - reflective material of concrete tile, Spanish tile, ARC 80 or equivalent subject to review by the Planning Commission. 14 Air conditioners, heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanical devices shall be located within the rear yard or side yards. Such equipment shall be screened from surrounding properties and streets and operated so that they do not disturb the peace, quiet and comfort of neighboring residents, in accordance with the City's Noise Ordinance. 15. The property owner shall maintain a pro- active approach to the elimination of graffiti from the structures, fences and accessory buildings, on a daily basis. Graffiti shall be removed within twenty -four (24) hours. 16. New structures shall consist of colors reviewed and approved by the Development Services, Planning Division. Colors shall be neutral or earth tone Trim and architectural features may consist of bright colors. 17 Chain link fence in front yard must be removed and replaced with a rod iron or block and iron fence. C \Uuwmcnp antl SCipneQpohn\\ Iy UawmcnH \CUI'J tvm \rcbAlIF4 dm ENVIRONMENTAL SERVICES /ENGINEERING DEPARTMENT 18. 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 19 Reconstruct damaged sidewalk and cub, and gutter along Pope Avenue 20 Reconstruct damaged and substandard drive approach(es), per APWA standards. 21 Proposed driveway shall be realigned so that the top 'X' is located one foot inside the property line 22. Connect to public sewer Each building shall be connected separately Construct laterals as necessary Minimum size required is six inches (6 ") When connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integrity by providing a video tape of the lateral to the Department of Environmental Services /Engineering Division 23. Root prune two (2) existing street tree(s) and install 24" root barriers at Pope Avenue. 24 Regrade parkway and landscape with grass. 25 Upgrade one (1) existing street metal pole to one (1) marbelite street pole with light fixture, underground services and conduits. Exact location shall be determined by City 26. Underground all new utilities. 27 A permit from the Engineering Division is required for all off -site improvements. 28 All required water meters, meter service changes and /or fire protection lines shall be installed by the developer The work shall be performed by a licensed contractor hired by the developer The contractor must obtain a permit from the Public Works /Engineering Division prior to performing any work. Each building shall have its own water meter 29 This project may be subject to the city of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost estimate to the Department of Environmental Services. v n��m,�n ��a tienm.mn,d�mhty uo.�m.m,�urae,,�„ �rc „annv d... 4 BUILDING AND SAFETY DIVISION 30 All construction shall meet or exceed the minimum building standards that are referenced in the following codes. The Uniform Building Code - 2001 edition, The Uniform Plumbing Code - 2001 edition, The Uniform Mechanical Code - 2001 edition The Los Angeles County Fire Code — 2001 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 0 restrictive provisions shall govern LOS ANGELES COUNTY FIRE DEPARTMENT 31 The applicant shall comply with all conditions set forth by the Los Angeles County Fire Department for this application. Please contact the Los Angeles County Fire Department, Land Development Unit, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040 -3027, (323) 890 -4243. Section 3. A copy of Resolution 3089 shall be delivered to the applicant. l \Uaumem�enJ Senme� \µnW \ \Iy Uniumem� \fUl'. \NC.mtrewiuXV Joi 5 APPROVED AND ADOPTED this 12 day of July, 2005, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT Grant Taylor, Director Development Services Department Victor Gomez, Chairman Lynwood Planning Commission APPROVED AS TO FORM: Jennifer Mizrahi, Deputy City Attorney Planning Commission Counsel C \Dmumonn and ScnmeOyvlm \M, II, vm... V189 dtm 6 ITEM NO. it CUP NO. 2005-21 TTM NO. 2005 -03 ZC NO. 2005 -03 DATE: July 12, 2005 TO: Honorable Chair and Members of the Planning Commission - .FROM: Grant Taylor, Director of Development Services SUBJECT: CONDITIONAL USE PERMIT NO. 2005 -21, TENTATIVE TRACT MAP NO. 2005 -03 (063345) AND ZONE CHANGE NO. 2005 -03 4307 Carlin Avenue Assessor Parcel Number 6186 - 011 -083 APPLICANT: Michael Chapin PROPOSAL The applicant is requesting approval to construct eighteen (18) detached residential condominiums, two- stories in height, with attached two -car garages. The project proposes subdividing one (1) parcel into nineteen (19) lots and changing the zoning from R -2 (Two - Family Residential) to PRD (Planned Residential Development). The subject property totals 46,032 square feet or 1.06 acres in area and is located on the north side of Carlin Avenue between Waldorf Drive and Atlantic Avenue. The project requires three (3) discretionary approvals and environmental review as follows: Conditional Use Permit No. 2005 -21: Construct eighteen (18) detached residential condominiums; • Tentative Tract Map No. 2005 -03: Divide one (1) parcel into nineteen (19) lots; • Zone Change No. 2005 -03: Change the zoning from R -2 (Two - Family Residential) to PRD (Planned Residential Development). • Environmental Review: An Initial Study was performed and identified potential significant impacts on the environment to include geology, water, transportation, noise and aesthetics. Mitigation measures have been incorporated into the project that would reduce potential impacts to a level of insignificance. A Negative Declaration has been prepared. ANALYSIS & DISCUSSION H \WORDFILE\ PLANNING\ STAFFRPT \cup2005 - 21,=2005- 03,zc2005 -03 4307cwhn doc _ -1- The project proposes the construction of eighteen (18) detached single - family residences, two- stories in height, with attached two -car garages. The floor plans are the same for all units proposing 1,414 square feet of living area consisting of three (3) bedrooms and 2 I/2 baths. The site plan indicates the property measures 112 feet in width by 411 feet in depth totaling 46,032 square feet in area. Vehicle access is provided from a twenty foot (20� wide driveway off Carlin Avenue with a hammerhead turnaround area for emergency vehicles at the rear (north end) of the property. The residences are located on the north and south sides of the parcel with the driveway in the center of the project. The project would exceed the minimum thirty -five percent (35 %) standard. The floor plans identify 1,414 square feet of total living area consisting of three (3) bedrooms, two and one - half (2'/2) baths, living room, dining room and balcony. Two - car garages are provided for each residence. The elevations indicate two -story structures twenty-five feet (25� in height consisting of ARC 80 composition asphalt roof, hard plank wood siding, a balcony on the front elevation, and decorative window trim and garages. DISCUSSION — ZONE CHANGE The existing zoning is R -2 (Two- Family Residential). The intent of the PRD zone is to provide for flexibility and creativity in the design of larger scale residential projects and condominium developments. The General Plan Land Use Map designates the property as Multi - Family Residential and the PRD zoning would be consistent with the General Plan Land Use Map. DISCUSSIO — TENTATIVE TRACT MAP The project proposes subdividing one (1) parcel into nineteen (19) lots to accommodate the residences and a separate lot for common drives and open space areas. A condominium association would be created and maintained pursuant to Covenants, Conditions and Restrictions (CC &R's) to be recorded with the Los Angeles County Clerk/Registrar Recorder. The subdivision map would be in compliance with the State Subdivision Map Act and Lynwood Municipal Code. The subdivision map would be checked by the Lynwood Department of Environmental Services and conditions of approval are contained within Resolution 3091. H \WORDFILE\ PLANNING\ STAFFRPT�cup20O5- 21,am2005- 03,u2005 -03 4307car1m doc _ -2- DISCUSSION — CONDITIONAL USE PERMIT The applicant is proposing to construct eighteen (18) detached residential condominiums, two- stories in height, with attached two -car garages. The Lynwood Municipal Code requires all multiple family residential properties to obtain approval of a conditional use permit. Conditions of approval are set forth in Resolution 3082. Lynwood Municipal Code Section 25.130.050 sets forth five (5) findings the Planning Commission must make in order to grant a conditional use permit. Following are the findings in bold, and staff determinations. A. That the proposed Conditional Use is consistent with the General Plan. The General Plan Land Use Map Designation is Multi - Family Residential. The project is consistent with the General Plan and the PRD zoning request and complies with policies and goals in the Land Use and Housing Elements. B. That the nature, condition, and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures. Conditions of approval and mitigation measures have been included to reduce potential impacts to insignificant levels. The health, safety and welfare of persons residing in the vicinity would be protected. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The property is adequate in size and shape to accommodate the residences, vehicle access, parking and landscape areas. D. That the proposed conditional use complies with all applicable development standards of the zoning district. The project would satisfy all development standards set forth in the LMC. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The project is consistent with all standards of the zoning code and is compatible with developments in the vicinity. H \WORDFILE\ PLANNING\ STAFFRP71cup2005- 21,nm2005 -03zc2005 -03 4307carhn doe _ -3- ENVIRONMENTAL REVIEW The Development Services Department performed an Initial Study and has determined that the project may have potentially significant impacts pertaining to geology, water, transportation, noise and aesthetics. Mitigation measures and conditions of approval have been incorporated into the project that would reduce potential significant impacts to a level of insignificance. A Negative Declaration was prepared. RECOMMENDATION Staff recommends that the Planning Commission approve the project pursuant to the following actions: • Certify the Negative Declaration /Initial Study; and • Adopt Resolution 3092 recommending that the City Council approve Zone Change No. 2005 -03; and • Adopt Resolution 3091 approving Tentative Tract Map No. 2005 -03 (063345) • Adopt Resolution 3090 approving Conditional Use Permit No. 2005 -21. Attachments: 1. Project Profile 2. Location Map 3. Resolution 3092 — Zone Change No. 2005 -03 4. Resolution 3091 — Tentative Tract Map No. 2005 -03 (063345) 5. Resolution 3090 — Conditional Use Permit No. 2005 -21 6. Initial Study /Negative Declaration /Notice of Determination 7. Plans (Site, floors, elevations and tentative tract map) H \WORDFILE \PLANNING \STAFFRPTcup2005- 21,nm2005- 03,=2005-03 4307carhn do _ -4- PROJECT PROFILE CUP 2005 -21, TTM 2005 -03, ZC 2005 -03 4307 Carlin Avenue 1. Source and Authority Lynwood Municipal Code (LMC) Section 25.20.020 sets forth permitted uses in residential zones; LMC Section 25.20.030 sets forth development standards in residential zones; LMC Section 25.130.050 sets forth findings approval of a Conditional Use Permit; LMC Section 25.135.060 sets forth findings to grant a variance; and LMC Section 25.115 sets forth procedures for Zone Changes. 2. Property Location and Size The subject property totals 46,032 square feet in area. The project proposes eighteen (18) detached residential, two- stories in height, attached two -car garages, consisting of three (3) bedrooms and 2 1 /2 baths. 3. Existing Land Uses Site Developed North: Single - Family Residential South: Carlin Avenue then Single - Family Residential West: Multiple - Family Residential East: Single - Family Residential 4. Land Use Designation The subject property has a General Plan Designation of Multi - Family Residential and the current zoning is R -2 (Two - Family Residential). The adjoining properties General Plan and Zoning designations are as follows: Site General Plan Zoning North: Multi - Family Residential R -3 (Multiple - Family Residential) South: City of Compton City of Compton West: Multi - Family Residential R -3 (Multiple - Family Residential) East: Multi - Family Residential R -3 (Multiple - Family Residential) H \WORDFILE\ PLANNING \STAFFRPT\cup2005.21,nm2005 -03,=2005 -03 4307car1m dx 5 5. Site Plan Review The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions set forth in Resolutions 3090 and 3091. 6. Code Enforcement History The property is blighted with property maintenance violations. 7. Public Response None at the time of this report. H \ WORDF[ LE\ PLANNM G\ STAFFRPT\cup2005- 21,nm2005 -03,zc200$ -03 4307carhn doe _ -6- owromw krric ( 0 ( wMetr/occ lPAWMuer RA" wm -wo UK - wwa IRMCM MOM CONRUM PROJECT 1NFO '; N 4307 CARLIN AVE. LYNWOOD, CA. 05-05 ( 5 SCALE 1'= 150' ep V2 /` f Aft y Awim 4 is O , •o /s / / / �25 C ARCt,V E. 8 ® G v 3T Q Jp 114 �, .P 40 r S 4ry n_ �. ' I (� 1• • ? J ` mom ° q +� .� \� y - �• � •o 28 9 ]t � . r La 13� 10 ° \30 36j j n° : �� a J r l o �' JJ JJ y 5 /,• $ '� 2 151 c a� r moral R /� ( Q !��, n 8 N O ' I n u� T ll� a r Y a 2 Y RESOLUTION 3090 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2005 -21, PERMITTING THE DEVELOPMENT OF EIGHTEEN (18) DETACHED RESIDENTIAL CONDOMINIUMS, TWO- STORIES IN HEIGHT, WITH ATTACHED TWO-CAR GARAGES ON PROPERTY LOCATED AT 4307 CARLIN AVENUE, ASSESSOR PARCEL NUMBER 6186 - 011 -083, IN THE PRD (PLANNED RESIDENTIAL DEVELOPMENT) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public hearing on July 12, 2005 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 may have significant impacts on the environment, an Initial Study was performed including mitigation measures to reduce potential impacts to insignificant levels, and a Negative Declaration prepared in accordance with the California Environmental Qualify Act (CEQA), therefore; Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. That the proposed Conditional Use is consistent with the General Plan. The project is consistent with the Multi - Family Residential Designation on the Lynwood General Plan Land Use Map. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures. 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. An Initial Study was performed and conditions of approval and mitigation measures are incorporated in the project. H \WOR FIUTLANNING SOS4es 3Ma dm 1 C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The subject property provides adequate ingress and ingress and is of appropriate density to accommodate the residential project. D. That the proposed conditional use complies with all applicable development standards of the zoning district. The project complies with all development standards to include density, setbacks, lot coverage, landscaping, parking and building height. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The project is consistent with the intent and standards set forth for multiple - family residential developments. Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2005 -21, 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 year (1) of approval otherwise such approval is null and void. One (1) extension of one (1) year may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Lynwood Planning Commission. 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 12, 2005. 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. H \WOMFII TLAMJ GV SOS4.30W. d. n 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. 6. The conditions of approval shall be printed on the cover page of the plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION CONDITIONS 7. Landscaped areas shall consist of a minimum of thirty-five (35 %) percent of the gross project. 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 block wall shall be installed around the perimeter of the property, except within the twenty-foot (20') front yard setback area. Front yard fencing 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. Fences may be installed between residences subject to approved plans and 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 Government Code Section 53080. 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 shall be used throughout the units to mitigate exterior noise in compliance with the Lynwood Municipal Code. 12. The roof shall be constructed with ARC 80 composition asphalt shingles. 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 public welfare. H \WOR FILETLA , MGV SOSVe 3OWa 6o 14. The applicant 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 shall be recorded on the Final Tract Map. 15. Front elevations of each residence shall have superior architectural design with varying building lines and construction materials. 16. This conditional use permit is subject to approval of Tentative Tract Map No. 2005- 03 (063345), and Zone Change No. 2005 -03 and all conditions set forth therein. DEPARTMENT OF ENVIRONMENTAL SERVICES/ ENGINEERING 17. Site plan is incomplete. Site plan should show existing drive approaches, fire hydrants, street trees, etc. Correct and resubmit. 18. Submission and recordation of a Tract Map is required. Certificates of occupancy will not be issued prior to the recordation of a subdivision map. 19. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by the Public Works Department. No building permits will be issued prior to the approval of grading plan by the City Engineer. 20. Construct new sidewalk, curb and gutter, drive approaches, and required pavement as necessary along Carlin Avenue. 21. Close existing drive approaches and construct proposed drive approaches per APWA standards. Existing common drive approach located between 4301 and 4307 Carlin Avenue shall be modified per city instructions. 22. Proposed and existing driveway shall be realigned so that the top "X" is located one foot inside the property line. 23. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. When connecting to an existing laterals, contractor shall verify the size of such laterals and provide proof of its integrity. Minimum size required is six - inches (6'). When connecting to an existing lateral, a City approved contractor; shall verify the size of such lateral and shall provide proof of its integrity by providing a videotape of the lateral to the Department of Environmental Services /Engineering Division. H \WOf HD TLANMNGV SOS\reWN Wa dM 4 24. Remove existing street trees. Reconstruct damaged sidewalk, curb and pavement. 25. Install three (3) 24" box street trees per APWA standards along Carlin Avenue, The species are to be determined by the Environmental Services Department. 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. 26. Upgrade two (2) existing street light metal poles to marbelite street poles with light fixtures, underground services and conduits. Exact locations shall be field determined. 27. Underground all new utilities. 28. All Edison vaults and structures shall be placed underground. 29. A permit from the Engineering Division is required for all off -site improvements. 30. 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. All proposed water meters shall be installed within the front setback. This development is serviced by Park Water Company. 31. This development is subject to the City's Standard urban Storm Water Mitigation Plan Ordinance (SUSMP). Pursuant to Section 14.13 of the City for Lynwood Municipal Code relating to the control of pollutants carried by storm water runoff, structural and /or treatment control best management practices (BMP's). A maintenance agreement for the Standard Urban Storm Water Mitigation Plan (SUSMP) shall be signed by the owner(s) and submitted to the Department of Environmental Services /Engineering Division. 32. This project may be subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost estimate to the Department of Environmental Services. 33. Underground /remove Southern California Edison power poles on site and on Carlin Avenue between the westerly property line of parcel 6186 - 011 -035 and the easterly property line of parcel 6186 - 011 -083. H\WOMFILEPLA , MGV SOStres3OWadoc 34. Provide and install two (2) marbelite street poles with light fixtures, underground services and conduits. Exact locations shall be determined 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 — 2001 edition; The Nation Electric Code — 2001 edition; All as amended by the California Building Code 2001. In case where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. LOS ANGELES COUNTY FIRE DEPARTMENT 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. H \WOR FILETLA NINGV SOSVCW30%a dm - 6 PASSED, APPROVED AND ADOPTED this 12"' day of July, 2005, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Grant Taylor, Director Development Services Department Victor Gomez, Chair Lynwood Planning Commission APPROVED AS TO FORM: Jennifer Mizrahi, Dep. City Attorney Planning Commission Counsel H \WOR FILENLA NINGV SOS\res 3Ma do RESOLUTION NO. 3091 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE TRACT MAP NO. 2005 -03 (063345), SUBDIVIDING ONE (1) PARCEL INTO NINETEEN (19) LOTS FOR DETACHED EIGHTEEN (18) RESIDENTIAL CONDOMINIUMS AND COMMON DRIVE AND OPEN SPACE AREAS FOR PROPERTY LOCATED AT 4307 CARLIN AVENUE IN THE PRD (PLANNED RESIDENTIAL DEVELOPMENT) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6186- 011 -083, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Planning Commission of the City of Lynwood pursuant to law, on July 12, 2005, conducted a public hearing on Tentative Tract Map No. 2005 -03 (063345); and WHEREAS, the Lynwood Planning Commission carefully considered all oral and written testimony offered at the public hearing, and WHEREAS, the Development Services Department has determined that the proposal may have a significant impacts on the environment, conducted an Initial Study, included conditions of approval and Mitigation Measures that would reduce potential impacts to a level of insignificance, and prepared a Negative Declaration consistent with the California Environmental Quality Act (CEQA) Guidelines; and Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. The subdivision meets all the applicable requirements and conditions required by the State Subdivision Map Act and the Subdivision Regulations of Lynwood Municipal Code Chapter 24 and Section 25 -18. B. The proposed subdivision is consistent with the applicable goals and policies of the Lynwood General Plan Land Use and Housing Elements. H \ WORDFILE\PLANNING\RESOSVeso3091a doe 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. E. The project is consistent with the intention and standards set forth in the PRD (Planned Residential Development) zone. Section 2. The Planning Commission of the City of Lynwood, based upon the findings identified above, hereby approves Tentative Tract Map No. 2005 -03 (063345) subject to the following conditions: DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION 1. The applicant shall meet the requirements set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and requirements of 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. 3. Within twenty-four (24) months after approval of the Tentative Parcel Map, the subdivider shall file with the City of Lynwood, a Final Map in substantial conformance with the Tentative Parcel 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. 2 DEPARTMENT OF ENVIRONMENTAL SERVICES 6. All conditions of the State Map Act and the City's subdivision Ordinance must be met prior to recordation. All matters and improvements shall be consistent with the ordinances, standards, and procedures of the City's Development Standards, Engineering Procedures and Standards, Water Standards, and Planting Standards of the Department of Parks and Recreation. The Developer is responsible for checking with staff for clarification of these requirements. 7. Submit a Subdivision Guarantee to this office. The final map shall be based on a field survey. All surveying for the proposed development will be done by the Developer, including the establishment of centerline ties. Enclose with the final map the surveyor's closure sheets. 8. Developer shall pay all applicable development fees including drainage, sewer, water and parkway trees prior to issuance of any building permits. Pay 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. All special assessments and utilities or sewer connection fees are to be paid prior to recording the final map. All requirements to the serving utilities to be met or guaranteed prior to recording of the final map. 9. A grading plan signed by a registered Civil Engineer shall be submitted for the approval of the Director of Environmental Services /City Engineer. The grading plan shall include topography of all contiguous properties and streets and shall provide for the methods of drainage in accordance with all applicable City standards. Retaining walls and other protective measures may be required. H\ WORDFILEIpLANNING\RESOS4es .3091a doc 3 Off -site drainage easement may be necessary. The structural section of all parking areas shall be designed by a Civil Engineer based upon soils analysis supplied by a recognized and approved soils engineering firm. The structural section shall be approved by the Director of Environmental Services /City Engineer. In the event that the design is not provided, the minimum structural section that will be approved by the Director of Environmental Services /City Engineer would be 2 inches of asphalt on 4 inches on untreated rock base. Submit to this office a Geologic /Soils Report signed by a Registered Soils Engineer. 10. The development shall be provided with public sewers. Connect to public sewer. Provide laterals as necessary. Extension of existing sewer main might be necessary at developer's cost. Design of all sanitary sewers shall be approved by the Director of Environmental Services /City Engineer. 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. 12. 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 proposed water meters shall be installed within the front setback. This development is services by Park Water Company. All conditions of the Los Angeles County Fire Department must be met prior to recordation. 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: F1 a. Submit a plan indicating safety methods to be provided to maintain safe pedestrian ways around all areas of construction. This may require proper and adequate signs, fences, barricades, or other approved control devices as required by the Director of Community Developer. 15. The Developer shall install all public improvements, as required by the Director of Environmental Services /City Engineer prior to issuance of any occupancy ermits for this development. Public Improvements shall include but are not limited to: a) Close existing drive approach(es) and construct proposed drive approach(es) per APWA standards. Existing common drive approach located between 4301 and 4307 Carlin Avenue shall be modified per City instructions. b) Construct new sidewalk, curb and gutter, drive approaches and required pavement along Carlin Avenue. C) Remove existing street trees. Reconstruct damaged sidewalk, curb and pavement. d) Upgrade two (2) metal street poles to marbelite street poles with light fixture, underground services and conduits. Exact location shall be determined by the City. e) Install three (3) 24" box street trees per APWA standard plans along Carlin Avenue. f) This development is subject to the City's Standard Urban Storm water Mitigation Plan Ordinance (SUSMP). Pursuant to Section 14.13 of the City for Lynwood Municipal Code relating to the control of pollutants carried by storm water runoff, structural and /or treatment control best management practices (BMP's). A maintenance agreement for the Standard Urban Storm water Mitigation Plan (SUSMP) shall be signed by the owner(s) and submitted to the Department of Environmental Services /Engineering Division. g) This project may be subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost estimate to the Department of Environmental Services. H \WORDFILE\PLANNING\RESOS\,so309 la doc 5 h) Underground /remove Southern California Edison power poles on site and on Carlin Avenue between the westerly properly line of parcel 6186 -011- 035 and the easterly property line of parcel 6186 -011 -083. i) Provide and install two (2) marbelite street poles with light fixtures, underground services and conduits. Exact location shall be determined 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/ City Engineer before commencing any improvements, a sum estimated by the Director of Environmental Services/ City Engineer to cover cost of inspection of all improvements under his jurisdiction. BUILDING AND SAEFTY DIVISION 16. All construction shall meet or exceed the minimum 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 —2001 edition; The National Electrical Code — 2001 edition, All as amended by the California Building Code. In cases where the provision of the California Building Code, the City of Lynwood Municipal Code, or the plans or specification in these plans may conflict, the more restrictive provisions shall govern. LOS ANGELES COUNTY FIRE DEPARTMENT 17. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. 18. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. 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 gallons per minute at 20 psi for a duration of _ 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 exisiting Public fire hydrants. Install _ private on -site fire hydrant(s). 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. H\ WORDFILE \\PLANNINGIRESOSVeso3091a doc 7 Location: As per map on file with the office. Other location: South side of Redwood, across from the proposed project. 26. All required fire hydrant 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 Resolution 3091 shall be delivered to the applicant. APPROVED and ADOPTED this 12 day of July, 2005, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Victor Gomez, Chairman Lynwood Planning Commission APPROVED AS TO FORM: Grant Taylor, Director Jennifer Mizrahi, Deputy City Attorney Development Services Department Planning Commission Counsel 8 RESOLUTION 3092 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING ZONE CHANGE NO. 2005 -03; CHANGING THE ZONING DESIGNATION FROM R -2 (TWO- FAMILY RESIDENTIAL) TO PRD (PLANNED RESIDENTIAL DEVELOPMENT) IN ORDER TO DEVELOP EIGHTEEN (18) DETACHED RESIDENTIAL CONDOMINIUMS ON PROPERTY LOCATED AT 4307 CARLIN AVENUE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6186 - 011 -083, 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 12, 2005 on Zone Change No. 2005 -03; 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 PRD (Planned Residential Development) zoning designation for the subject property would be consistent with the Lynwood General Plan and would be an appropriate location for a multi - family residential project; and WHEREAS, the Development Services Department has determined that the project may have potentially significant impacts on the environment, therefore an Initial Study was performed, Mitigated Negative Declaration prepared and conditions of approval and mitigation measures incorporated into the project to reduce potential impacts to a level of insignificance pursuant to the California Environmental Quality Act (CEQA) Guidelines. Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: H. \WORDFILEWLANNING\RESOShew3092a doc - I A. A PRD (Planned Residential Development) zoning designation of the subject property would be consistent with the General Plan Land Use Map. B. The PRD (Planned Residential Development) zoning designation is consistent with existing development in the vicinity. C. The PRD (Planned Residential Development) zoning will be consistent with goals and policies set forth in the Lynwood General Plan Land Use and Housing Elements. D. The PRD (Planned Residential Development) zoning designation will not be detrimental to the properties surrounding the site and would not negatively impact the public health, safety, or welfare or properties in the vicinity. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Zone Change No. 2005 -03 changing the zoning designation for 4307 Carlin Avenue (Assessor Parcel Number 6186- 011 -083) from R -2 (Two - Family Residential) to PRD (Planned Residential Development). APPROVED AND ADOPTED this 12"' day of July, 2005 by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Grant Taylor, Director Development Services Department H.\ WOPDFILE \PLANNING\RESOS4eso3092a dm Victor Gomez, Chairman Lynwood Planning Commission Jennifer Mizrahi, Deputy City Attorney Planning Commission Counsel -1) - City of Lynwood Community Development Department 11330 Bullis Road Lynwood, CA 90262 (310) 603 -0220, X289 NEGATIVE DECLARATION County Clerk County of Los Angeles 500 West Temple Los Angeles, CA 90012 RE. Negative Declaration for Conditional Use Permit No. 2005 -21, Tentative Tract Map No. 2005 -03 (063345) and Zone Change No. 2005 -03. To Whom It May Concern: Application has been filed with the City of Lynwood for approval of the project known as Conditional Use Permit No, 2005 -21, Tentative Tract Man No. 2005 -03 (063345) and Zone Change No. 2005 -03 located at 4307 Carlin Avenue on the north side of Carlin Avenue between Waldorf and Atlantic Avenue, Assessor Parcel Numbers 6186 - 011 -083 within a R -3 (Two - Family Residential zoning designation and to be developed by the applicant Michael Chapin The project is briefly described as: Approval to construct eighteen (18) detached residential condominiums two- stories in height with attached two -car garages on property that totals approximately 46,032 square feet or 1.06 acres in area In addition the applicant proposes to subdivide one (1) parcel into nineteen (19) lots and change the zoning from R -2 (Two - Family Residential) to PRD (Planned Residential Development). The properties are further described as Assessor Parcel Numbers 6186- 011 -083. ENVIRONMENTAL ASSESSMENT An Initial Study was performed and possible significant impacts were identified pertaining to Geological Problems, Water, Transportation/Circulation, Noise and Aesthetics. Mitigation measures have been included in the project and if such mitigation measures are implemented and monitored, potential significant impacts would be reduced to a level of insignificance. h \wnrdfil6pWn Torm egdw dm R. 09 -27-98 Neg. Dec. 4307 Carlin Ave. July 12, 2005 Page 2 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 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 Department of Development Services, Planning Division, City Hall Annex, 11330 Bullis Road, Lynwood, California, 90262 (310) 603 -0220, Extension 289 It is the finding, of the City of Lynwood that the project will not have a significant effect on the environment. The Mitigation Measures included in the attached Initial Study and Conditions of Approval set forth in Planning Commission Resolutions 3041 and 3042 would reduce the impacts to insignificant levels. The above finding is based on the following: A. The site of the proposed project is adequate in size and shape to accommodate the eighteen (18) residences and satisfy all development standards. B. The proposed project, as conditioned, will reduce potential significant impacts to a level of insignificance. Conditions of approval have been made a part of the conditional use permit and will be implemented and monitored. C. The proposed project will not have a negative impact on the value of the surrounding properties or interfere with or endanger the health, safety or welfare or persons residing or working in the vicinity D The granting of the zone change, tentative tract map and conditional use permit will not adversely affect the comprehensive General Plan. The City General Plan and Land Use Map are consistent with the project. The project will comply with goals and policies in the Land Use and Housing Elements. E. The location of the project and conditions under which the residences would operate are in accord with the requirements of the Zoning Ordinance and the purpose of the zone in which the site is located. F The location of the project and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity h \wordfile \pleviningVortns\negda d9 Re 07 -27 -98 Neg. Dec. — 4307 Carlin Ave. July 12, 2005 Page 3 This Document, the Notice of Determination and Initial Study are being filed in duplicate. Prepared and filed by- The Department of Development Services, Planning Division C Grant Taylor, Director of Development Services M h \w9rdle\p1anm tngVmms\negdm dm Rensed 0) -2].98 INITIAL STUDY Environmental Checklist 1) Project Title: Conditional Use Permit 2005 -21, Tentative Tract Map No. 2005 -03 (063345) and Zone Change 2005 -03 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 Taylor, Director Development Services Department (310) 603 -0220, Ext. 326 4) Project Location: A parcel totaling 46,032 square feet or 1.06 acres in area located at 4307 Carlin Avenue, Assessor Parcel Number 6186- 011 -083. The property is located on the north side of Carlin Avenue between Waldorf Drive and Atlantic Avenue in the R -2 (Two - Family Residential) zone. 5) Project Sponsor's Name and Address: Michael Chapin 8841 Spectrum Center Boulevard, #5113 San Diego, CA 92123 (858) 337 -4002 6) General Plan Designation: Multi- Family Residential 7) Zoning: R -2 (Two - Family Residential) —existing; PRD (Planned Residential Development) - proposed 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.) Construct eighteen (18) detached residential condominiums, two- stories in height, with attached two -car garages. The residences consist of three (3) bedrooms with 2 1 /2 baths providing 1,414 square feet of living area and lots range from 1,758 to 1,862 square feet. The project requires three (3) discretionary applications as follows: Conditional Use Permit No. 2005 -21: Construct eighteen (18) residential dwelling units; Tentative Tract Map No. 2005 -03 (063345): Subdivide one (1) parcel into nineteen (19) lots; Zone Change No. 2005 -03: Change the zone from R -2 (Two - Family Residential) to PRD (Planned Residential Development). 9) Surrounding Land Uses and Setting: (Briefly describe the project's surroundings). The subject property is a vacant triangular parcel totaling 38,542 square feet or 1.08 acres in area. The subject property is within an area that has a mix of single - family and multiple - family residential land uses as follows: Subject: Existing one -story residence North: Single - Family Residential South: Carlin Avenue then Single - Family Residential East: Multi - Family Residential West: Single - Family Residential 10) Other agencies whose approval is required: (e.g., permits, financing approval or participation agreement). Los Angeles County Public Works Department Los Angeles County 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. _Land Use and Planning _Population and Housing X Geological Problems X water _Air Quality X Transportation /Circulation _Biological Resources _Energy & Mineral Resource _Hazards X Noise _Mandatory Findings of Significance _Public Services _Utilities & Service Systems X Aesthetics _Cultural Resources _Recreation 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 impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find 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. Signature Date GRANT TAYLOR, DIRECTOR CITY OF LYNWOOD DEVELOPMENT SERVICES DEPARTMENT 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 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 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 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 contacted should be cited in the discussion. Potentially Significant Impact Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: I. LAND USE AND PLANNING. Would the proposal: a) II. b) C) Conflict with general plan designation or zoning? (Source(s): ) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) Discussion: Potentially Significant Unless Less Than Mitigation significant No Incorporated Impact Impact X LOA a *w The City of Lynwood is in a liquefaction and expansive soil area. Soil reports will be required with submittal of plans for building plan check prior to issuance of permits. Be incompatible with existing land use in the vicinity? ( ) XX Discussion: The project vicinity contains mostly multi - family residential properties. Exterior lighting would be shielded and directed away from adjacent properties. All development standards would be met. d) Affect agricultural resources or operations )a (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? ( ) e) Disrupt or divide the physical arrangement of XX an established community (including a low income or minority community)? ( ) POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local XX population projections? ( ) b) Induce substantial growth in an area either )0( directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ( ) C) Displace existing housing, especially affordable XX housing? ( ) IV. Eighteen (18) residences would be constructed to include grading, drainage, concrete and asphalt that would alter existing grading and drainage patterns. Grading could create erosion in the short term during construction, however, detailed grading and drainage plans would be required and the property would be inspected to ensure code compliance. g) Subsidence of the land? h) Expansive soils? ( ) xx Discussion: The City is within a liquefaction area and soil compaction may be an issue. Therefore, a detailed soils report would be required during plan check and prior to issuance of building permits. i) Unique geologic or physical features? ( ) pt WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, V or the rate and amount of surface runoffs ( ) Discussion: Development of eighteen (18) residences would require that the currently vacant property would have structures, fences, driveways and landscaping, thereby altering absorption rates and drainage patterns. The City will require detailed grading and drainage plans to ensure proper drainage and protect properties in the vicinity b) Exposure of people or property to water )a _ related hazards such as flooding? ( ) Discussion: The subject property is not within a 100 -year flood zone, however, grading and paving would alter drainage patterns. The City will require grading and drainage plans to be checked and approved by the Department of Environmental Services. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) fault rupture? ( ) pt b) Seismic ground shaking? ( ) Xx Discussion: There are no active fault zones in the vicinity of the subject property However, earthquakes of large magnitude could create seismic ground shaking. The residences would be plan checked and inspected to ensure seismic retrofit and compliance with the Uniform Building Code. C) Seismic ground failure? ( ) xx d) Seiche, tsunami, or volcanic hazard? ( ) )O( e) Landslides or mudflows? ( ) xx f) Erosion, changes in topography or unstable soil XX conditions from excavation, grading, or fill? ( ) Discussion: IV. Eighteen (18) residences would be constructed to include grading, drainage, concrete and asphalt that would alter existing grading and drainage patterns. Grading could create erosion in the short term during construction, however, detailed grading and drainage plans would be required and the property would be inspected to ensure code compliance. g) Subsidence of the land? h) Expansive soils? ( ) xx Discussion: The City is within a liquefaction area and soil compaction may be an issue. Therefore, a detailed soils report would be required during plan check and prior to issuance of building permits. i) Unique geologic or physical features? ( ) pt WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, V or the rate and amount of surface runoffs ( ) Discussion: Development of eighteen (18) residences would require that the currently vacant property would have structures, fences, driveways and landscaping, thereby altering absorption rates and drainage patterns. The City will require detailed grading and drainage plans to ensure proper drainage and protect properties in the vicinity b) Exposure of people or property to water )a _ related hazards such as flooding? ( ) Discussion: The subject property is not within a 100 -year flood zone, however, grading and paving would alter drainage patterns. The City will require grading and drainage plans to be checked and approved by the Department of Environmental Services. V. VI. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact C) Discharge into surface waters or other alteration XX of surface water quality (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 of water movements? ( ) f) Change in the quantity of ground waters, either XX through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of groundwater? XX h) Impacts to groundwater quality? ( ) XX Discussion: Construction activities associated with the development of eighteen (18) residences may have short and long term impacts. A Standard Urban Storm Water Mitigation Plan will be required pursuant to the Water Quality Control Board. i) Substantial reduction in the amount of p( Ground water otherwise available for public water supplies? ( ) AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to XX an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? () XX Discussion: Residential properties in the immediate vicinity may be affected in the short-term by grading and construction activities. The applicant would be required to water the site daily to reduce dust emissions during construction. C) Alter air movement, moisture, or temperature, XX or cause any change in climate? ( ) d) Create objectionable odors? Discussion: Odors may be present in the short-term during construction. The applicant would be required to comply with all local, state, and federal code requirements pertaining to air quality. Days and hours of construction would be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m. to protect the health, safety, and welfare of persons in the area. TRANSPORTATION /CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? Q XX Discussion: Eighteen (18) residences would increase traffic and vehicle trip ends. Vehicle access and parking facilities are adequate to accommodate additional vehicles and provide off - street parking. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Hazards to safety from design features (e.g., )X sharp curves or dangerous intersection) or ' incompatible uses (e.g., farm equipment)? ( ) Discussion: Vehicle access would be provided from a 20 foot driveway located adjacent to Carlin Avenue. A turnaround area at the rear of the project is provided for emergency vehicles. C) Inadequate emergency access or access )0 to nearby uses? ( ) _ Discussion: The applicant will be required to maintain adequate vehicle access and the driveways shall remain clear and accessible to vehicles at all times. d) Insufficient parking capacity on -site or off -site? XX _ Discussion: The applicant will be required to provide a two -car garage for each residence. Such garages shall remain clear and accessible for vehicle parking at all times. e) Hazards or barriers for pedestrians or bicyclists? XI( f) Conflicts with adopted policies supporting )pl alternative transportation (e.g., bus turnouts, bicycle racks)? ( ) g) Rail, waterbome or air traffic impacts? ( ) X( VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their )p( habitats (including but not limited to plants, fish, insects, animals, and birds)? ( ) b) Locally designated species (e.g., heritage trees)? )a C) Locally designated natural communities pl (e.g., oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g., marsh, riparian, and px vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) XX 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 )� inefficient manner? ( ) IX. X. XI. Potentially Significant Impact C) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? ( ) HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation? ( ) Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact XX XX Discussion: Construction activities and vehicles would require hazardous materials in the short-term. Frequent property inspections will be made by the City to ensure the public health, safety and general welfare. Upon project completion, no hazardous materials are expected in the residences. b) Possible interference with an emergency response _ XX plan or emergency evacuation plan? ( ) C) The creation of any health hazard or XX potential health hazard? ( ) Discussion: Construction activities in the short-term may create noise, dust, odors, etc. Days and hours of construction will be limited and the project site watered daily. No overnight storage of construction vehicles will be permitted. Regular site inspections will be performed by City staff. d) Exposure of people to existing sources XX or potential health hazards? ( ) e) Increased fire hazard in areas with flammable XX brush, grass, or trees? ( ) NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) XX Discussion: Construction activities in the short-term would increase ambient noise levels. Days and hours of construction would be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m. The residences would have acoustical features to reduce noise levels and be in compliance with the City's Noise Ordinance. b) Exposure of people to severe noise levels? ( ) XX Discussion: Construction activities in the short-term would increase noise levels in the vicinity Days and hours of construction would be limited. Upon project completion, the eighteen (18) residences are not expected to substantially increase noise levels. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? Discussion: Eighteen (18) residences may require additional fire protection. The Los Angeles County Fire Department has two (2) locations in the City of Lynwood capable of responding. XII. XIII. b) C) d) Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Police protection? ( ) XX Discussion: Eighteen (18) residences may require additional police services. The Los Angeles County Sheriff Department has adequate resources to respond to service calls. Schools? ( ) XX Discussion: Eighteen (18) residences would include school age children as the average occupancy rate in Lynwood is five (5) persons per household. The Lynwood unified School District is in the process of implementing their facility master plan to add to existing schools, and construct additional schools to accommodate growth. Maintenance of public facilities, including roads? XX _ Discussion: Additional residences would increase wear and tear on streets in the vicinity. The City has budgeted for future street improvements in the vicinity e) Other governmental services? ( ) XX 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? ( ) XX b) Communications systems? ( ) XX C) Local or regional water treatment or XX distribution facilities? ( ) d) Storm water drainage? ( ) XX Discussion: The project will require building and paving that may increase storm water drainage. The applicant would be required to comply with the City of Lynwood Standard Urban Storm Water Mitigation Plan Ordinance to ensure proper drainage and that pollutants are treated prior to entering storm drains. e) Solid waste disposal? ( ) XX Discussion: Additional residences would increase solid waste. The City's solid waste contractor is capable of providing trash pick -up services to the project. f) Local or regional water supplies? ( ) XX AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? ( ) XX b) Have a demonstrable negative aesthetic effect? XX Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I XIV XV. U11 Discussion: The project has been reviewed and checked to ensure harmony with the existing residences in the vicinity. The residences would consist of stucco siding, Spanish the roofs, decorative garages and window trim, attractive landscaping and concrete driveways. c) Create light or glare? ( ) XX Discussion: The residences will require exterior lighting. A detailed lighting plan will be required that identifies light intensities and that such lights are shielded and directed away from adjacent properties. Construction days and hours will be limited. 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 cultural values? d) Restrict existing religious or sacred uses within XX the potential impact area? ( ) RECREATION. Would the proposal: a) Increase the demand for neighborhood or XX regional parks or other recreational faohbeO ( ) b) Affect existing recreational opportunities? ( ) XX MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade XX 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 community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve XX short-term, to the disadvantage of long -term, environmental goals? 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 in connection with the effects of past ' projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects XX which will cause substantial adverse affects on human beings, either directly or indirectly? XVII. EARLIER ANALYSIS. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one 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 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 incorporated 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.App.3d 296 (1988); Leonoff v. Monterey Board of Supervisors, 222 Cal.App.3d 1337 (1990).