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Home My Public Portal About2016.001 (01-05-16)RESOLUTION NO. 2016.001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN APPEAL AND OVERTURNING THE PLANNING COMMISSION'S DECISION TO DENY VARIANCE 2015 -01 TO ALLOW THE DEVIATION OF THE APPLICABLE DEVELOPMENT STANDARDS AND THE CONDITIONAL LEGALIZATION OF AN EXISTING 357 SQUARE FOOT SEMI - ENCLOSED ATTACHED PATIO BETWEEN THE EXISTING SINGLE FAMILY RESIDENCE AND THE EXISTING DETACHED TWO CAR GARAGE, LOCATED AT 11175 ELM STREET (APN 6193- 011 -013), CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Planning Commission at its meeting held at City Hall in the City of Lynwood on heard and considered evidence regarding the proposed Variance and made findings in connection therewith; and WHEREAS, December 8, 2015, said Planning Commission, after due consideration, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said meeting, did make findings and determinations approving the requested Variance; and WHEREAS, said Planning Commission at its meeting held at City Hall in the City of Lynwood on December 8, 2015, did adopt Resolution No. 3347, denying Variance No. 2015 -01 to allow the conditional legalization of an existing 357 square foot semi - enclosed attached patio located between the existing single family residence and the existing detached two car.garage; and WHEREAS, on December 10, 2015, an application for an appeal of the Planning Commission's denial of Variance No. 2015 -01 to allow the conditional legalization of an existing 357 square foot semi - enclosed attached patio located between the existing single family residence and the existing detached two car garage was submitted by Ana M. Munguia to the City Clerk's office; and WHEREAS, on January 5, 2016, the City Council held a public hearing to consider an appeal of the Planning Commission's decision to deny Variance No. 2015 -01 and, after consideration of all evidence and reports offered at said hearing, did make findings and determinations and motioned to approve the appeal and overturn the Planning Commission's decision to deny Variance No. 2015 -01, and the motion carried 3 -2; and NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Lynwood does - hereby determine that said Variance is in compliance with the intent of the Lynwood Municipal Code based upon the following findings: 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. 1 ; I-i;F Due to its corner location, the subject property, which is located at the northwest corner of the intersection of Elm Street and Beechwood Avenue, has less street frontage along its front property line fronting on Elm Street than other properties in the same vicinity and zone. Interior lot properties on Elm Street have street frontage widths ranging from 50 to 60 feet, whereas, the subject property has only 45 feet of street frontage along Elm Street. In addition, interior lot properties on Elm Street have lot sizes ranging from 6,000 square feet to 7,500 square feet and the lot size of subject site is 4,950 square feet. 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. The applicant's request is necessary for the preservation and enjoyment of substantial property rights that are possessed by other properties in the vicinity and zone. Due to its corner lot location and size, the subject site cannot be developed to the same extent (lot coverage, setback, etc.) that other properties enjoy. 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. The applicant's proposal will not be detrimental to the public welfare or injurious to properties or improvements in the vicinity. The proposed construction will be required to comply with the most recent edition of the adopted building code requirements and will be inspected by a City building inspector. D. That in granting the Variance, the spirit and intent of this Zoning Code will be observed. The granting of the applicant's Variance request observes the spirit and intent of the Zoning Code in that the proposed semi - enclosed covered patio has been constructed with high quality and durable material that will inspected by the City to insure that the semi - enclosed covered patio will not have any aesthetic and /or safety impacts to any of the surrounding properties. E. That the Variance does not grant special privilege to the applicant. The variance request does not grant special privilege to the applicant because the applicant shall be subject to the latest adopted ordinances, resolutions, policies and fees adopted by the City Council at the time of the building permit review and approval. N F. That the Variance request is consistent with the General Plan of the City of Lynwood. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of R (Residential) on the subject property, including Goal No. 1 of the Community Design Element of the City's General Plan. Goal No. 1, which states that the City should encourage physical development which enhances the positive image of the City as a balanced residential community indicative of its "All America City" status. BE IT FURTHER RESOLVED that the Council finds and determines said Variance would not be approved but for the applicability and validity of each and every one of the below conditions and that if any one or more of the below conditions are determined invalid, this Variance would not have been approved without requiring other valid conditions for achieving the purposes and intent of such approval. BE IT FURTHER RESOLVED that the Council approves the appeal and Variance No. 2015 -01 on file in the Development Services Department, subject to the following conditions: 1. Compliance with the Conditions of Approval attached hereto as Exhibit A and part of the resolution. 2. The approval of this project shall be subject to the latest adopted ordinances, resolutions, policies and fees adopted by the City Council at the time of the building permit review and approval. Section 1. This resolution shall become effective immediately upon its adoption. Section 2. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 5th day of January 2016. F Edwin Hernandez ayor ATTEST: k APPROVED AS TO FORM: David A. Garcia, ity Attorney APPROVED AS TO CONTENT: J. Arnoldo Beltran, City Manager [THIS SPACE INTENTIONALLY LEFT BLANK] STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, Maria Quihonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 5th day of January 2016, and, passed by the following vote: AYES: COUNCIL MEMBERS ALATORRE, SOLACHE, CASTRO AND MAYOR HERNANDEZ NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER SANTILLAN -BEAS Is Me RZ Maria Quihonez, Citj Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, Maria Quihonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2016 -001 is on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 5th day of January 2016. 5 STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, Maria Quibonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 51th day of January 2016, and, passed by the following vote: AYES: COUNCIL MEMBERS ALATORRE, SOLACHE, CASTRO AND MAYOR HERNANDEZ NOES: NONE ABSTAIN: NONE ABSENT: i aria Quihonez, Ci y Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2016 -001 is on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 5th day of January 2016. Maria Whonez, City Clerk EXHIBIT "A" CONDITIONS OF APPROVAL VARIANCE NO. 2015 -01 JANUARY 5, 2016 11175 ELM STREET APN: 6193- 011 -013 LYNWOOD, CA The Variance approval must be acted upon within one year. The Variance shall become null and void 365 days from the date of approval if not acted on within this period. The expiration date is January 5, 2017. 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 by all City Departments. 3. The Project shall be substantial compliance with plans approved by the Lynwood City Council dated January 5, 2016 and on file in the Development Services Department, Planning Division. 4. Any proposed subsequent modification of the Project site, structures thereon or hours of operation shall be first reported to the Development Services Department for review and written approval of said modifications prior to any modification. 5. The Applicant shall sign a Statement of Acceptance stating that he /she has read, understands, and agrees to all conditions of this resolution. 6. Conditions of approval shall be printed on plans to submission to the Building and Safety Division for plan check. 7. The Applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of this approval. The Applicant shall reimburse and indemnify the City, its agents, officers or employees for any award, court costs, and attorney's fees which the City, its agents, officers, or employees may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve Applicant of his obligations under this condition. ;I 8. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. •The California Building Code - 2014 edition; • The California Plumbing Code - 2014 edition; • The California Mechanical Code - 2014 edition; *The Los Angeles County Fire Code — 2014 edition; • The California Electrical Code — 2014 edition; In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. 9. Review and approval by the County of Los Angeles Fire Department Fire Prevention Engineering Section Building Plan Check Unit may be required for this project prior to building permit issuance. Contact the Fire Prevention Engineering Section Plan Check office checked below for specific submittal requirements for this project. . Fire Prevention Commerce Office 5823 Rickenbacker Road Commerce, CA 90040 (323) 890 -4125 10. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. 7