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HomeMy Public PortalAboutA 2017-02-14 PLANNING COMMISSIONCity of LYNWOOD 11330 Bullis Roar[ Lynwood, CA 90262 (310) 603 -0220 PLANNING COMMISSION & PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD (PBIDB) REGULAR MEETING Tuesday, February 14, 2017 — 6:00 P.M. R1 E E I " E CITY HALL COUNCIL CHAMBERS FEB 09 2017 LYNWOOD, CA 90262 CITY OF LYNWOOD CITY CLERKS OFFICE AGENDA In Compliance with the Americans with Disabilities Act (ADA), if you are a disabled person and need a disability related modification or accommodation to participate in this meeting, please contact the City Clerk's Department at (310) 603 -0220 ext. 520. Requests must be made as early as possible, and at least one full business day before the start of the meeting. Staff reports or other materials related to an item on this Agenda which are distributed to the Planning Commission less than 72 hours before this scheduled meeting shall be available for public inspection in the Development, Compliance and Enforcement Department/Planning Division office located at 11330 Bullis Road, Lynwood, CA 90262, during normal business hours. 1. CALL TO ORDER 2. CERTIFICATION OF AGENDA 3. ROLL CALL 1. Elizabeth Battle, Commissioner 2. Bill Younger, Commissioner 3. Kenneth West, Vice -Chair 4. Jorge Casanova, Chairperson 4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS AND RECOGNITIONS None Planning Commission & Parking & Business Improvement District Board Agenda February 14, 2017 Page 2 of 3 6. APPROVAL OF MINUTES a. Minutes of the November 8, 2016, regular meeting. 7. SWEARING IN OF SPEAKERS (City Clerk or Designee) 8. NON - AGENDA PUBLIC ORAL COMMUNICATION (This time is reserved for members of the public to address the Planning Commission relative to matters that are not on the agenda. No action may be taken on non - agenda items unless authorized by law) 9. PUBLIC HEARING(S) (With respect to speakers addressing items listed under the heading of public hearing, you are asked to wait until the Chair formally opens the public hearing and the item is called) A. Request to consider proposed amendments to the Lynwood Municipal Code, Chapter 25- 70 -14, to revise the standards for off -site outdoor advertising displays in the City of Lynwood. (Continued from December 13, 2016). I. Staff Report Presentation II. Open Public Hearing ( M III. Public Testimony IV. Close Public Hearing V. Commission Discussion VI. Call for the question /vote ( M S ) S ) B. Request to consider a proposed Ordinance to ban all retail sales of cannabis and marijuana in all Zoning Districts within the City of Lynwood. (Continued from December 13, 2016). I. Staff Report Presentation II. Open Public Hearing ( M III. Public Testimony IV. Close Public Hearing V. Commission Discussion VI. Call for the question /vote ( M S ) S ) C. A request to approve Tentative Parcel Map No. 2016 -03 to create a condominium form of ownership for three (3) residential units on a single parcel located at 5227 Elmwood Avenue. 2 Planning Commission & Parking & Business Improvement District Board Agenda February 14, 2017 Page 3 of 3 I. Staff Report Presentation II. Open Public Hearing ( M III. Public Testimony IV. Close Public Hearing V. Commission Discussion VI. Call for the question /vote ( M S ) S ) D. A request to approve Tentative Parcel Map No. 2016.02 to create a condominium form of ownership for three (3) residential units on a single parcel located at 3304 Cedar Avenue. I. Staff Report Presentation II. Open Public Hearing ( M III. Public Testimony IV. Close Public Hearing V. Commission Discussion VI. Call for the question /vote ( M 10. OLD BUSINESS None S ) S ) 11. PLANNING COMM ISSION /PBIDB ORAL COMMUNICATIONS 1. Elizabeth Battle, Commissioner 2. Bill Younger, Commissioner 3. Kenneth West, Vice Chair 4. Jorge Casanova, Chairperson 12. DIRECTOR COMMUNICATIONS 13. ADJOURNMENT Next Regular Meeting is scheduled for March 14, 2017. APPROVED BY: Andre DuWt, I terim Director of Development, Compliance and Enforcement Services Lynwood Planning Commission 3 ITEM #6 LYNWOOD PLANNING COMMISSION November 8, 2016 Item #i -Call Meeting to Order Chair Casanova called the meeting to order at 6:05 PM Item #2 Welcome New Commissioner Planning Manager Poland stated the new commissioner Mr. Juan Enciso, resigned as a Planning Commissioner. Item #3- Flag Salute Commissioner Younger led the flag salute. Item #4- Roll Call of Commissioners Planning Manager Mike Poland called roll. Commissioner Battle, Commissioner Yourger and Chair Casanova were present, Vice Chair West was absent. Also present were Interim Director of Development, Compliance & Enforcement Services Andre Dupret, Planning Manager Mike Poland, Planning Associate Karen Figueredo, and City Attorney David Garcia. Item #5- Certification of Agenda Posting Chair Casanova asked if the Agenda had been duly posted and Planning Manager Mike Poland indicated that the Agenda was in fact duly posted. Item #6- Presentation and Recognition None Item #7- Minutes It was moved by Commissioner Younger and seconded by Commissioner Battle to approve the Minutes from the October 11, 2016 Planning Commission meeting. Item #8- Swearing in Speakers Executive Assistant to the City Clerk Daryl Betancour swore in members of the audience. 1 Item #9- Public Orals (Non - Agenda) None NEW REGULAR AGENDA (PUBLIC HEARING) Item #10 A- Tentative Tract Map No. 2015 -01 Applicant: Pardo Land Use Consultant ^� 11347 Louise Avenue Proposal: Planning Associate Karen Figueredo introduced the item to the Commission and provided information from the staff report. The applicant, Pardo Land Use Consultant, is requesting that the Planning Commission consider and approve Tentative Tract Map No. 2015 -01 to subdivide one (1) parcel's air space, for future development of six (6) detached condominiums on property located at 11347 Louise Avenue, in the R -3 (Multi - Famility Residential) zone. Recommendation: Staff recommended that the Planning Commission adopt Resolution No. 3348 approving Tentative Tract Map No. 2015 -01. Chair Casanova opened Public Hearing. Project representative Mike Furniss, 11347 Louise Avenue, Lynwood CA 90262, presented his project. Chair Casanova closed public hearing. Chair Casanova inquired about the approval process. Planning manager Poland clarified the Planning Commission is approving the subdivision of the air space only. Commissioner Younger inquired about the density and allowable number of units in the property. Planning Manager Poland replied the lot is large enough for eight (8) units but the applicant is only proposing six (6). Chair Casanova inquired about the balconies and if the driveway was wide enough to facilitated trash pick up. 2 Planning Manager Poland assured the Planning Commission the plans will be checked to meet all development standards. Hearing no further discussion, it was moved by Commissioner Younger, seconded by Commissioner Battle to adopt: RESOLUTION NO 3348 APPROVING TENTATIVE TRACT MAP NO. 2015 -01 (73717) TO SUBDIVE ONE (1) PARCEL'S AIR SPACE TO ALLOW SIX (6) DETACHED CONDOMINIUMS ON PROPERTY LOCATED AT 11347 LOUISE AVENUE, ASSESSOR'S PARCEL NUMBER 6194 - 023 -028 IN THE R -3 (MULTI- FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, ESTATE OF CALIFORNIA. ROLL CALL: AYES: BATTLE, YOUNGER, CASANOVA NOES: NONE ABSTAIN: NONE ABSENT: WEST ITEM #10 B (Amendments to Lynwood Municipal Code (LMC) Section 25 -70- 14 relative to off -site outdoor advertising displays) Applicant: City of Lynwood Proposal: Planning Manager Mike Poland introduced the item to the Commission and provided information from the staff report. The City initiated a proposal to consider text amendments to Lynwood Municipal Code (LMC) Section 25 -70 -14 relative to off -site outdoor advertising displays. Recommendation: City Attorney Garcia recommended the item to be continued as he had received a letter from an attonery and would like to take the time to review it before any recommendation can be made. City Attorney also stated that staff made some changes to the ordinance and would also like extra time to review the changes. Chair Casanova opened the public hearing. Joseph White, 4350 East Camelback Road suite B -195 85015, Phoenix Arizona spoke in favor of the project. Sal Alatorre, 3185 Oakwood Street, Lynwood California 90262, expressed concern regarding the item. 3 Jorge Rodriguez, 1923 Oak Street South Pasadena California 91030, expressed concern regarding the item. Mark Kutler, Billboards Display company (no address provided), expressed concern regarding the item. Hearing no further discussion, it was moved by Chair Casanova, seconded by Commissioner Younger to continue the item to the next Planning Commission meeting. ROLL CALL: AYES: YOUNGER, BATTLE, CASANOVA, NOES: NONE ABSTAIN: NONE ABSENT: WEST ITEM #11- Old Business None PLANNING COMMISSION /PBIDB COMMUNICATION ORALS Commissioner Battle stated she submitted a complaint regarding discarded chairs along Carlin Avenue and have yet to be picked up. DIRECTOR COMMUNICATIONS None ADJOURMENT Having no further discussion, it was moved by Chair Casanova and seconded by Vice Chair West to adjourn the meeting. Planning Commission meeting was adjourned at 6:15 PM PLANNING COMMISSION SECRETARY: Andre Dint% Interim Director Department of Development, Compliance and Enforcement Services ITEM #9 -A (- it,- (f TV FOOD 3'E3; 603 221' DATE: February 14, 2017 TO: Honorable Chairperson and Members of the Planning Commission APPROVED BY: NAndre Dupret, Interim Director of Development, Compliance and Enforcement Services PREPARED BY: Mike Poland, Planning Manager 9 SUBJECT: Request to consider proposed amendments to the Lynwood Municipal Code, Chapter 25- 70 -14, to revise the standards for off - site outdoor advertising displays in the City of Lynwood. (Continued from December 13, 2016). APPLICANT: City of Lynwood RECOMMENDED ACTION Staff recommends that the Planning Commission table this item. ITEM #9 -B TVNWOOD E+J.3�J 13ULLsS 40Av DATE: February 14, 2017 TO: Honorable Chairperson and Members of the Planning Commission APPROVED BY: AAndre Dupret, Interim Director of Development, Compliance and Enforcement Services PREPARED BY: Mike Poland, Planning Manager if SUBJECT: Request to consider a proposed Ordinance to ban all retail sales of cannabis and marijuana in all Zoning Districts within the City of Lynwood. (Continued from December 13, 2016). .APPLICANT: City of Lynwood RECOMMENDED ACTION Staff recommends that the Planning Commission table this item. ITEM #9 -C city ;if TV N PTO Ors i310, 603 L:2 DATE: February 14, 2017 TO: Honorable Chair and Members of the Planning Commission FROM: Ar Dupret, Interim Director Department of Development, Compliance and Enforcement Services Karen Figueredo, Planning Associate SUBJECT: Tentative Parcel Map No. 2016 -03 to subdivide one (1) parcel's air space to allow three (3) detached condominiums. APPLICANT: Raul Echemendia RECOMMENDED ACTION 1. DETERMINE that Tentative Parcel Map No. 2016 -03 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 Minor Land Divisions. 2. ADOPT Resolution No. 3369 thereby approving Tentative Parcel Map No. 2016 -03 to subdivide one (1) parcel's air space to allow three (3) detached condominiums on property located at 3304 Cedar Avenue. PROJECT The applicant, Raul Echemendia, is requesting that the Planning Commission consider and approve Tentative Parcel Map No. 2016 -03 to subdivide one (1) parcel's air space to allow three (3) detached condominiums. The property is located at 3304 Cedar Avenue, further described as Assessor's Parcel Number 6168 - 012 -012. BACKGROUND The Property is located on the south side of Cedar Avenue between Lindbergh Avenue and Alpine Avenue in the R -3 (Multi - Family Residential) zone. The property is irregular in shape and totals approximately 9,160 square feet in area. As part of the subdivision, the applicant proposes to demolish the existing house and garage and create three (3) detached condominiums. The proposed condominiums are two -story in height with three (3) bedrooms and attached two -car garages. DISCUSSION The applicant is seeking approval of a Tentative Parcel Map to convert the form of ownership for the property. Condominium ownership would allow each unit to be sold individually, rather than the entire site having to be included in a single real estate transaction. Condominium owners own the air space of their particular structure, but mutually own the building(s) and the parcel on which the condominiums are located. Condominium owners are mutually responsible for the maintenance of the structure(s) and landscaping. When used in the Subdivision Map Act, and in the City documents associated with this application, the term "unit" applies to the ownership of the airspace, not the construction of new units. The creation of a condominium type of ownership is a two -step process. The first step is approval of a "Tentative" Parcel Map through public hearings at both the Planning Commission and City Council levels. The applicant is presently in the first step of the process. The second step for the subject application will be City Council approval of the Parcel Map. That action does not involve Planning Commission review. Instead, the Parcel Map is reviewed by the Council (usually on its Consent Calendar) for a determination of whether the conditions of approval of the Tentative Parcel Map have been satisfied. The standards of review for a Tentative Parcel Map (TPM) to create condominium units are contained in Chapter 24.40 of the Lynwood Municipal Code. The proposed TPM has been reviewed by the City Engineer for conformance with those standards. Pursuant to this review, The Planning Department recommends approval of the TPM, subject to provisions of Chapter 24.40 and the recommended conditions of approval contained within the draft resolution. The Subdivision Map Act, codified in Government Code Section 66400 et seq., governs subdivision tract and parcel maps. Under Section 25 -180 -2 of the Lynwood Municipal Code ( "LMC "), the provisions of the Subdivision Map Act relating to the review and approval of tentative, final, and parcel maps are applicable to the City. Per Section 66474, the Planning Commission cannot approve a tentative map if it finds any of the following: • That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. • That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. 2 • That the site is not physically suitable for the type of development. • That the site is not physically suitable for the proposed density of development. • That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. • That the design of the subdivision or type of improvements is likely to cause serious public health problems. • That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Staff believes that none of the above applies to the Project and therefore the Planning Commission can approve the Tentative Map. Specifically, the following findings can be made: The Tentative Map is consistent with the approved, applicable general and specific plans. The Tentative Map will result in the subdivision of the Property, one (1) parcel's air space to allow three (3) detached condominiums. The current zoning of R -3 (Multi - Family Residential) is consistent with the General Plan Land Use designation of residential for the Property. The Property will be improved with uses consistent with the goals and objectives of the General Plan. 2. The Property is physically suitable for the proposed type and density of development: The Property will be developed with three (3) detached two -story condominiums with attached two -car garages. The condominiums conform to the density permitted within R -3 (Multi - Family Residential) zone. The proposed Project will also be compatible with the surrounding uses, as they consist of single and multi- family residential uses. 3. The design of the proposed improvements is not likely to cause environmental damage, substantially and avoidably injure fish or wildlife or their habitat, cause serious public health problems, or conflict with public easements: The Project will result in the development of the Property in an area that is fully developed. The Project will not be built on or near habitats of fish or wildlife. The Project will not cause serious health problems because the residential use is similar to the surrounding uses and permitted by the General Plan. There are no conflicting public easements on the Property. CONCLUSION As noted above, the applicant is requesting approval of the Tentative Parcel Map to subdivide one (1) parce's air space to allow condominium ownership so that each dwelling unit can be sold individually, rather than the entire site having to be included in a single real estate transaction. If it is the decision of the Planning Commission to deny the proposed Tentative Parcel, the applicant would still be allowed by right in accordance with the density development standards of the R -3 (Multi - Family Residential) zone to construct three (3) dwelling units for rent (not ownership) through the Site Plan Review Application process that would be administered by Planning Staff. STAFF RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. DETERMINE That Tentative Parcel Map No. 2016 -03 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 Minor Land Division. 2. APPROVE Resolution No. 3369 thereby approving Tentative Parcel map No. 2016- 03 to subdivide one (1) parcel's air space to allow three (3) detached condominiums on the property located at 3304 Cedar Avenue. ATTACHMENTS: LOCATION MAP AERIAL PHOTO RESOLUTION No. 3369 4 LOCATION MAP / \ ^ '_______. � ` � w / ° b {- RESOLUTION NO. 3369 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 2016 -03 (74275) TO SUBDIVIDE ONE (1) PARCEL'S AIR SPACE TO ALLOW THREE (3) DETACHED CONDOMINIUMS ON PROPERTY LOCATED AT 3304 CEDAR AVENUE, ASSESSOR'S PARCEL NUMBER 6168 -012- 012 IN THE R -3 (MULTI- FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: A. Recitals 1. Raul Echemendia, property owner, has filed an application for issuance of Tentative Parcel Map No. 2016 -03 to subdivide one (1) parcel's air space to allow three (3) detached condominiums 3304 Cedar Avenue, Lynwood, California 90262 (APN: 6168 - 012 -012) in the County of Los Angeles. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as the "application ". This resolution supplements any previous approvals for this location. 2. On February 14, 2017, the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. 3. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Lynwood as follows: 1. The Planning Commission hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Planning Commission during the above - referenced hearing, including written staff reports, verbal testimony, and development plans approved February 14, 2017, the Planning Commission hereby specifically finds as follows: a. The Tentative Map is consistent with the approved, applicable general and specific plans. The Tentative Map will result in the subdivision of a single parcel's air space to allow three (3) detached condominiums. The current zoning of R -3 (Multi- Family Residential) is consistent with the General Plan Land Use designation of residential for the Property. The Property will be improved with uses consistent with the goals and objectives of the General Plan. b. The Property is physically suitable for the proposed type and density of development. The Property will be developed with three (3) detached two -story condominiums with attached two car garages. The condominiums conform to the density permitted within R -3 (Multi - Family Residential) zone. The proposed Project will also be compatible with the surrounding uses, as they consist of single and multi - family residential uses. c. The design of the proposed improvements is not likely to cause environmental damage, substantially and avoidably injure fish or wildlife or their habitat, cause serious public health problems, or conflict with public easements. The Project will result in the development of the Property in an area that is fully developed. The Project will not be built on or near habitats of fish or wildlife. The Project will not cause serious health problems because the residential use is similar to the surrounding uses and permitted by the General Plan. There are no conflicting public easements on the Property. In view of all the evidence and based on the foregoing findings and conclusions, the Planning Commission approves Tentative Parcel Map No. 2016 -03 subject to the following conditions: 1. The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court cost or any other cost arising out of or in any way related to the issuance of this Tentative Parcel map, or the activities conducted pursuant to this Tentative Parcel Map. Accordingly, to the fullest extent permitted by law, Raul Echemendia and his representative(s), or his successors shall defend, indemnify and hold harmless the City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitrations proceedings, regulatory proceedings, losses, expenses or cost of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of the Tentative Parcel Map, or the activities conducted pursuant to this Tentative Parcel Map. Raul Echemendia, and his representative(s), or his successors shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably 2 determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. 2. The project shall comply with all regulations of the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, other City Departments and applicable State and Federal regulations. 3. Within twenty -four (24) months, after approval or conditional approval of the Tentative Parcel Map, the subdivider shall file with the City of Lynwood, a Parcel Map in substantial conformance with the Tentative Parcel Map as conditional approval, and in conformance with the Subdivision Map Act and the Subdivision Regulations of the City of Lynwood. 4. No grading permit or building permit shall be issued prior to recordation of the Parcel Map or another appropriate instrument approved by the City of Lynwood, in conformance with the Subdivision Map Act of the State of California and the Subdivision Regulations of the City of Lynwood. 5. Extension of the Tentative Parcel Map approval shall only be considered if the applicant or his /her representative, submits a written request for extension to the Department of Development, Compliance and Enforcement Services stating the reasons for the request, at least thirty (30) days before map approval is due to expire, pursuant to, and in compliance with, Section 25 -18 of the subdivision regulations of the City of Lynwood. 6. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission. 7. Failure to abide by and faithfully comply with any and all conditions attached to this approving action shall constitute grounds for the revocation of said action by the Lynwood Planning Commission. 8. The applicant shall prepare Covenants, Conditions, and Restrictions (CC &Rs) for City review and approval that are applicable to all owners and occupants of the property site. The CC &R's shall be approved by the City and recorded on the property title prior to approval of the final map. 9. Prior to final map approval, the applicant shall create a property owners' association (association) consistent with State law requirements to ensure effective management and maintenance of the property. The association shall be operated by a qualified professional property management company, hired by the association, which shall be responsible for continual maintenance of all common areas, including, but not limited to, parking lots, landscaping, plumbing, fire protection water systems, wiring, trash enclosures, utility areas, utility charges, vehicular and pedestrian circulation areas, exteriors of the buildings, facades, and roofs. The association shall also be responsible for maintaining shared water facilities, including payment of water - related charges. 10. Initially, the applicant shall establish the association with- adequate financial reserves to maintain major site components (e.g., common area), ensure for continued operation of the site within accepted professional standards, and provide adequate and appropriate assessment procedure for said continuing obligation. The provisions of this condition shall be incorporated into the CC &R's recorded on the project site. 11. The CC &Rs shall require that the property management association operate the site as a unified, well maintained, and cohesively operated property. Exterior renovations, remodeling, and site improvements shall be undertaken in a comprehensive manner, including consistent architecture and design on all facades and roofs. This provision shall be incorporated into the CC &Rs recorded on the project site. Department of Public Works 12. A permit from the Engineering Division is required for all off -site improvements. 13. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. 14. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED PRIOR TO RECORDING A SUBDIVISION MAP. 14.1 All conditions of the State Subdivision Map Act and the City's subdivision Ordinance must be met prior to recordation. All matters and improvements shall be consistent with the ordinances, standards, and procedures of the City's Development Standards, Engineering Procedures and Standards, Water Standards, and Planting Standards of the Department of Public Works, Parks and Recreation. The Developer is responsible for checking with staff for clarification of these requirements. 14.2 Submit a Subdivision Guarantee to the Department of Public Works /Engineering Division. 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 if any. Enclosed with the final map is the surveyor's closure sheets. 4 14.3 Developer shall pay all applicable development fees including drainage, sewer and water prior to issuance of any building permits. All special assessments and utilities or sewer connection fees are to be paid prior to recording the final map. All requirements to the serving of utilities are to be met or guaranteed prior to recording of the final map. 14.4 Pay Parcel Map checking fees prior to checking. 15. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED PRIOR TO ISSUING A BUILDING PERMIT. 15.1 A grading plan signed by a registered Civil Engineer shall be submitted for the approval of the Director of Public Works /Engineering Division. The grading plan shall include topography of all contiguous properties and street 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 easements may be necessary. The structural section of all parking areas shall be designated by a Civil Engineer based upon soil analysis supplied by a recognized and approved soil engineering firm. The structural section shall be approved by the Director of Public Works /Engineering Division. In the event that the design is not provided, the minimum structural section that will be approved by the Director of Public Works /Engineering Division would be 2 inches of asphalt on 4 inches on untreated rock base. Submit to the Department of Public Works /Engineering Division a Geological /Soil Report signed by a Registered Soil Engineer. No building permits will be issued prior to submission of the grading inspection report. 15.2 Submity a copy of property deed or recent title report to the Department of Public Works /Engineering Division. 16. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED PRIOR TO ISSUING THE CERTIFICATE OF OCUPANCY. 16.1 The developer shall be provided with public sewer. Connect to public sewer. Provide laterals as necessary. Design of all sanitary sewers shall be approved by the Director of Public Works /Engineering Division. 16.2 All required water meters, meter service changes and /or fire protection lines shall be installed by the developer. The new meter shall be Automatic Meter reading type (Smart Meter). That offers pulse output or a 5 radio interface, and shall be approved by the Department of Public Works prior to installation. Each building shall be connected separately. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Department of Public Works /Engineering Division prior to performing any work. Any and all existing water service line less than one (1) inch in diameter shall be abandoned at the water main line per City instructions. Each building /tenant shall have its own water service /meter. 16.3 Design, configuration and location of sidewalk shall be subject to approval by the Director of Public Works /Engineering Division, 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. 16.4 Reconstruct full width of sidewalk along Cedar Avenue. Per S.P.P.W.C. STD. DWG. 113 -2. 16.5 Remove round curb and construct new curb only along property frontage per S. P. P.W.C. STD. DWG. 120 -2, Al -6 (150). 16.6 Reconstruct damaged and substandard drive approach per S.P.P.W.C. STD. DWG. 110 -2 TYPE A (to be used for ingress and egress as shown on the site plan). 16.7 The minimum distance between the garage or parking spaces and back of sidewalk or fence is twenty -five (25) feet. 16.8 Connect to public sewer. A private sewer main shall be installed in the private driveway connecting to the public sewer. Building sewer laterals shall be connected separately to this main from the house. A cleanout or manhole structure as required shall be installed separately. Construct laterals as necessary. Minimum size required is eight (8) inches 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 Public Works /Engineering Division. Videotaping and verification of sewer lateral size and conditions must be done in the presence of a City Engineer /Inspector. Any and all existing sewer laterals less than six (6) inches in diameter shall be abandoned at the property line per City instructions. 16.9 Underground all new utilities. 16.10 Underground existing utilities if any modifications are proposed for the electrical service panel. G 16.11 All Edison vaults and structures shall be per SCE instructions. 16.12 This development is subject to the City's Standard Urban Stormwater Mitigation Plan Ordinance (SUSMP). Pursuant to Section 14.13 of the City of Lynwood Municipal Code relating to the control of pollutants carried by stormwater runoff, structural and /or treatment control best management practices (BMP's). A maintenance agreement for the Standard Urban Stormwater Mitigation Plan (SUSMP) shall be signed by the owner(s) and submitted to the Department of Public Works /Engineering Division, prior to issuance of a building permit. Fire Prevention 17. 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 18. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. APPROVED this 14th day of February, 2017 by members of the Planning Commission, voting as follows: YES: NOES: ABSENT: ABSTAIN: Andre Dupret, Interim Director of Development, Compliance and Enforcement Services Lynwood Planning Commission ITEM #9 -D City of J ccem 4 ('r ,f W(figj 04nKrpqc� � { DATE: February 14, 2017 TO: Honorable Chair and Members of the Planning Commission FROM: Andre Dupret, Interim Director Department of Development, Compliance and Enforcement Services Karen Figueredo, Planning Associate VI-IF, SUBJECT: Tentative Parcel Map No. 2016 -02 to subdivide one (1) parcel's air space to allow three (3) detached condominiums. APPLICANT: Ivan Roche RECOMMENDED ACTION 1. DETERMINE that Tentative Parcel Map No. 2016 -02 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 Minor Land Divisions. 2. ADOPT Resolution No. 3368 thereby approving Tentative Parcel Map No. 2016 -02 to subdivide one (1) parcel's air space to allow three (3) detached condominiums on property located at 5227 Elmwood Avenue. PROJECT The applicant, Ivan Roche, is requesting that the Planning Commission consider and approve Tentative Parcel Map No. 2016 -02 to subdivide one (1) parcel's air space to allow three (3) detached condominiums. The property is located at 5227 Elmwood Avenue, further described as Assessor's Parcel Number 6194 - 006 -023. BACKGROUND The Property is located on the north side of Elmwood Avenue between Duncan Avenue and Louise Avenue in the R -3 (Multi - Family Residential) zone. The property is rectangular in shape and totals approximately 8,500 square feet in area. 0 As part of the subdivision, the applicant proposes to demolish the existing house and garage and create three (3) detached condominiums. The proposed condominiums are two -story in height with three (3) bedrooms and attached two -car garages. DISCUSSION The applicant is seeking approval of a Tentative Parcel Map to convert the form of ownership for the property. Condominium ownership would allow each unit to be sold individually, rather than the entire site having to be included in a single real estate transaction. Condominium owners own the air space of their particular structure, but mutually own the building(s) and the parcel on which the condominiums are located. Condominium owners are mutually responsible for the maintenance of the structure(s) and landscaping. When used in the Subdivision Map Act, and in the City documents associated with this application, the term "unit" applies to the ownership of the airspace, not the construction of new units. The creation of a condominium type of ownership is a two -step process. The first step is approval of a "Tentative" Parcel Map through public hearings at both the Planning Commission and City Council levels. The applicant is presently in the first step of the process. The second step for the subject application will be City Council approval of the Parcel Map. That action does not involve Planning Commission review. Instead, the Parcel Map is reviewed by the Council (usually on its Consent Calendar) for a determination of whether the conditions of approval of the Tentative Parcel Map have been satisfied. The standards of review for a Tentative Parcel Map (TPM) to create condominium units are contained in Chapter 24.40 of the Lynwood Municipal Code. The proposed TPM has been reviewed by the City Engineer for conformance with those standards. Pursuant to this review, The Planning Department recommends approval of the TPM, subject to provisions of Chapter 24.40 and the recommended conditions of approval contained within the draft resolution. The Subdivision Map Act, codified in Government Code Section 66400 et seq., governs subdivision tract and parcel maps. Under Section 25 -180 -2 of the Lynwood Municipal Code ( "LMC "), the provisions of the Subdivision Map Act relating to the review and approval of tentative, final, and parcel maps are applicable to the City. Per Section 66474, the Planning Commission cannot approve a tentative map if it finds any of the following: • That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. 2 • That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. • That the site is not physically suitable for the type of development. • That the site is not physically suitable for the proposed density of development. • That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. • That the design of the subdivision or type of improvements is likely to cause serious public health problems. • That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Staff believes that none of the above applies to the Project and therefore the Planning Commission can approve the Tentative Map. Specifically, the following findings can be made: 1. The Tentative Map is consistent with the approved, applicable general and specific plans. The Tentative Map will result in the subdivision of the Property, one (1) parcel's air space to allow three (3) detached condominiums. The current zoning of R -3 (Multi - Family Residential) is consistent with the General Plan Land Use designation of residential for the Property. The Property will be improved with uses consistent with the goals and objectives of the General Plan. 2. The Property is physically suitable for the proposed type and density of development: The Property will be developed with three (3) detached two -story condominiums with attached two -car garages. The condominiums conform to the density permitted within R -3 (Multi - Family Residential) zone. The proposed Project will also be compatible with the surrounding uses, as they consist of single and multi- family residential uses. 3. The design of the proposed improvements is not likely to cause environmental damage, substantially and avoidably injure fish or wildlife or their habitat, cause serious public health problems, or conflict with public easements: The Project will result in the development of the Property in an area that is fully developed. The Project will not be built on or near habitats of fish or wildlife. The Project will not cause serious health problems because the residential use is similar to the surrounding uses and permitted by the General Plan. There are no conflicting public easements on the Property. CONCLUSION As noted above, the applicant is requesting approval of the Tentative Parcel Map to subdivide one (1) parce's air space to allow condominium ownership so that each dwelling unit can be sold individually, rather than the entire site having to be included in a single real estate transaction. If it is the decision of the Planning Commission to deny the proposed Tentative Parcel, the applicant would still be allowed by right in accordance with the density development standards of the R -3 (Multi - Family Residential) zone to construct three (3) dwelling units for rent (not ownership) through the Site Plan Review Application process that would be administered by Planning Staff. STAFF RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. DETERMINE That Tentative Parcel Map No. 2016 -02 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 Minor Land Division. 2. APPROVE Resolution No. 3368 thereby approving Tentative Parcel map No. 2016- 02 to subdivide one (1) parcel's air space to allow three (3) detached condominiums on the property located at 5227 Elmwood Avenue. ATTACHMENTS: LOCATION MAP AERIAL PHOTO RESOLUTION No. 3368 4 LOCATION MAP i r r i f' 1� ood i 4v, _ j RESOLUTION NO. 3368 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 2016 -02 (74393) TO SUBDIVIDE ONE (1) PARCEL'S AIR SPACE TO ALLOW THREE (3) DETACHED CONDOMINIUMS ON PROPERTY LOCATED AT 5227 ELMWOOD AVENUE, ASSESSOR'S PARCEL NUMBER 6194- 006 -023 IN THE R -3 (MULTI- FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: A. Recitals 1. Ivan Roche, property owner, has filed an application for issuance of Tentative Parcel Map No. 2016 -02 to subdivide one (1) parcel's air space to allow three (3) detached condominiums 5227 Elmwood Avenue, Lynwood, California 90262 (APN: 6194 - 006 -023) in the County of Los Angeles. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as the "application ". This resolution supplements any previous approvals for this location. 2. On February 14, 2017, the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. 3. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Lynwood as follows: 1. The Planning Commission hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Planning Commission during the above - referenced hearing, including written staff reports, verbal testimony, and development plans approved February 14, 2017, the Planning Commission hereby specifically finds as follows: a. The Tentative Map is consistent with the approved, applicable general and specific plans. The Tentative Map will result in the subdivision of a single parcel's air space to allow three (3) detached condominiums. The current zoning of R -3 (Multi- Family Residential) is consistent with the General Plan Land Use designation of residential for the Property. The Property will be improved with uses consistent with the goals and objectives of the General Plan. b. The Property is physically suitable for the proposed type and density of development. The Property will be developed with three (3) detached two -story condominiums with attached two car garages. The condominiums conform to the density permitted within R -3 (Multi - Family Residential) zone. The proposed Project will also be compatible with the surrounding uses, as they consist of single and multi - family residential uses. c. The design of the proposed improvements is not likely to cause environmental damage, substantially and avoidably injure fish or wildlife or their habitat, cause serious public health problems, or conflict with public easements. The Project will result in the development of the Property in an area that is fully developed. The Project will not be built on or near habitats of fish or wildlife. The Project will not cause serious health problems because the residential use is similar to the surrounding uses and permitted by the General Plan. There are no conflicting public easements on the Property. In view of all the evidence and based on the foregoing findings and conclusions, the Planning Commission approves Tentative Parcel Map No. 2016 -02 subject to the following conditions: 1. The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court cost or any other cost arising out of or in any way related to the issuance of this Tentative Parcel map, or the activities conducted pursuant to this Tentative Parcel Map. Accordingly, to the fullest extent permitted by law, Ivan Roche and his representative(s), or his successors shall defend, indemnify and hold harmless the City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitrations proceedings, regulatory proceedings, losses, expenses or cost of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of the Tentative Parcel Map, or the activities conducted pursuant to this Tentative Parcel Map. Ivan Roche, and his representative(s), or his successors shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably 2 determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. 2. The project shall comply with all regulations of the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, other City Departments and applicable State and Federal regulations. 3. Within twenty -four (24) months, after approval or conditional approval of the Tentative Parcel Map, the subdivider shall file with the City of Lynwood, a Parcel Map in substantial conformance with the Tentative Parcel Map as conditional approval, and in conformance with the Subdivision Map Act and the Subdivision Regulations of the City of Lynwood. 4. No grading permit or building permit shall be issued prior to recordation of the Parcel Map or another appropriate instrument approved by the City of Lynwood, in conformance with the Subdivision Map Act of the State of California and the Subdivision Regulations of the City of Lynwood. 5. Extension of the Tentative Parcel Map approval shall only be considered if the applicant or his /her representative, submits a written request for extension to the Department of Development, Compliance and Enforcement Services stating the reasons for the request, at least thirty (30) days before map approval is due to expire, pursuant to, and in compliance with, Section 25 -18 of the subdivision regulations of the City of Lynwood. 6. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission. 7. Failure to abide by and faithfully comply with any and all conditions attached to this approving action shall constitute grounds for the revocation of said action by the Lynwood Planning Commission. 8. The applicant shall prepare Covenants, Conditions, and Restrictions (CC &Rs) for City review and approval that are applicable to all owners and occupants of the property site. The CC &R's shall be approved by the City and recorded on the property title prior to approval of the final map. 9. Prior to final map approval, the applicant shall create a property owners' association (association) consistent with State law requirements to ensure effective management and maintenance of the property. The association shall be operated by a qualified professional property management company, hired by the association, which shall be responsible for continual maintenance of all common areas, including, but not limited to, parking lots, landscaping, plumbing, fire protection water systems, wiring, trash enclosures, utility areas, utility charges, vehicular and pedestrian circulation areas, exteriors of the buildings, facades, and roofs. The association shall also be responsible for maintaining shared water facilities, including payment of water - related charges. 10. Initially, the applicant shall establish the association with adequate financial reserves to maintain major site components (e.g., common area), ensure for continued operation of the site within accepted professional standards, and provide adequate and appropriate assessment procedure for said continuing obligation. The provisions of this condition shall be incorporated into the CC &R's recorded on the project site. 11. The CC &Rs shall require that the property management association operate the site as a unified, well maintained, and cohesively operated property. Exterior renovations, remodeling, and site improvements shall be undertaken in a comprehensive manner, including consistent architecture and design on all facades and roofs. This provision shall be incorporated into the CC &Rs recorded on the project site. Department of Public Works 12. Site plan is incorrect. Correct the property dimensions and resubmit. 13. A permit from the Engineering Division is required for all off -site improvements. 14. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. 15. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED PRIOR TO RECORDING A SUBDIVISION MAP. 15.1 All conditions of the State Subdivision Map Act and the City's subdivision Ordinance must be met prior to recordation. All matters and improvements shall be consistent with the ordinances, standards, and procedures of the City's Development Standards, Engineering Procedures and Standards, Water Standards, and Planting Standards of the Department of Public Works, Parks and Recreation. The Developer is responsible for checking with staff for clarification of these requirements. 15.2 Submit a Subdivision Guarantee to the Department of Public Works /Engineering Division. 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 if any. Enclosed with the final map is the surveyor's closure sheets. 4 15.3 Developer shall pay all applicable development fees including drainage, sewer and water prior to issuance of any building permits. All special assessments and utilities or sewer connection fees are to be paid prior to recording the final map. All requirements to the serving of utilities are to be met or guaranteed prior to recording of the final map. 15.4 Pay Parcel Map checking fees prior to checking. 15.5 Submission and recordation of a parcel map is required C. of O. will not be issued prior to the recordation of a subdivision map. 15.6 Submission of Access Easement Agreement is required. 15.7 Submit a copy of property deed or recent title report to the Department of Public Works /Engineering Division. 16. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED PRIOR TO ISSUING A BUILDING PERMIT. 16.1 A grading plan signed by a registered Civil Engineer shall be submitted for the approval of the Director of Public Works /Engineering Division. The grading plan shall include topography of all contiguous properties and street 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 easements may be necessary. The structural section of all parking areas shall be designed by a Civil Engineer based upon soil analysis supplied by a recognized and approved soil engineer firm. The structural section shall be approved by the Director of Public Works /Engineering Division. In the event that the design is not provided, the minimum structural section that will be approved by the Director of Public Works /Engineering Division would be 2 inches of asphalt on 4 inches on untreated rock base. Submit to the Department of Public Works /Engineering Division a Geologic /Soil Report signed by a Registered Soil Engineer. No building permits will be issued prior to submission of the grading inspection report. 5 17. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED PRIOR TO ISSUING THE CERTIFICATE OF OCUPANCY. 17.1 Install one (1) thirty six inch box street tree(s) per S.P.P.W.C. in front of the property, species to be determined by Public Works. 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. 17.2 All required water meters, meter service changes and /or fire protection lines shall be installed by the developer. The new meter shall be Automatic Meter reading type (Smart Meter). That offers pulse output or a radio interface, and shall be approved by the Department of Public Works prior to installation. Each building shall be connected separately. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Department of Public Works /Engineering Division prior to performing any work. Any and all existing water service line less than one (1) inch in diameter shall be abandoned at the water main line per City instructions. Each building /tenant shall have its own water service /meter. 17.3 Reconstruct damaged sidewalk along 5227 Elmwood Avenue per S.P.P.W.0 STD. DWG. 113 -2. 17.4 Remove damaged curb and gutter and construct new curb and gutter per S.P.P.W.C. STD. DWG. 120 -2, A2 -6 along 5227 Elmwood Avenue. 17.5 Reconstruct damaged and substandard drive approach per S.P.P.W.C. STD. DWG. 110 -2 TYPE A (to be used for ingress and egress as shown on the site plan). 17.6 The minimum distance between the garage or parking spaces and back of sidewalk or fence is twenty -five (25) feet. 17.7 Connect to public sewer. A private sewer main shall be installed in the private driveway connecting to the public sewer. Building sewer laterals shall be connected separately to this main from the house. A cleanout or manhole structure as required shall be installed separately. Construct laterals as necessary. Minimum size required is eight (8) inches 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 Public Works /Engineering Division. Videotaping and verification of sewer lateral size and conditions must be done in the presence of a City Engineer /Inspector. Any and all existing sewer laterals less than six (6) inches in diameter shall be abandoned at the property line per City instructions. 31 17.8 Underground all new utilities. 17.9 Underground existing utilities if any modifications are proposed for the electrical service panel. 17.10 All Edison vaults and structures shall be placed underground. 17.11 This development is subject to the City's Standard Urban Stormwater Mitigation Plan Ordinance (SUSMP). Pursuant to Section 14.13 of the City of Lynwood Municipal Code relating to the control of pollutants carried by stormwater runoff, structural and /or treatment control best management practices (BMP's). A maintenance agreement for the Standard Urban Stormwater Mitigation Plan (SUSMP) shall be signed by the owner(s) and submitted to the Department of Public Works /Engineering Division, prior to issuance of a building permit. 17.12 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 Public Works. Building permits and /or demolition permits shall not be issued until developer owner contacts the Department of Public Works, Engineering Division. Fire Prevention 18. 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 19. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. APPROVED this 14th day of February, 2017 by members of the Planning Commission, voting as follows- YES- NOES: ABSENT: ABSTAIN: Andre Dupret, Interim Director of Development, Compliance and Enforcement Services Lynwood Planning Commission