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HomeMy Public PortalAbout2005-051 (04-05-05)RESOLUT1'ON NO. A RESOLUTZON OF THE cTrY COUNCZL OF THE CZTY OF LYNWOOD APPROVZNG APPEAL NO. 2005-02 (MODZFZCATZON OF CONDZTi'ONAL USE PERMZT NO. 2003-26), PERMZ'I-rZNG THE DEVELOPMENT OF NZNE °(9) DETACHED SZNGLE FAMZLY RESZDENCES, TWO- STORZES ZN HEZGHT, WZTH ATrACHED TWO-CAR GARAGES, AND WAZVZNG PLANNI'NG COHMi'SSZON CONDI'TZONS 18, 25, 27 AND 32 ON PROPERTY LOCATED AT 3125 - 3173 REDWOOD AVENUE, ASSESSOR PARCEL NUMBER 6171-012-907, LOTS 14 - 42, I*N THE PRD (PLANNED RESI'DENTI'AL DEVELOPMENT) ZONE, ClrTy OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALI*FORNI'A. WHEREAS, the Lynwood Planning Commission, pursuant to law, on March 8, 2005 conducted a public hearing and approved the project subject to conditions; and WHERAS, the Lynwood City Council, pursuant to law, conducted a public hearing on April 5, 2005 and approved the project subject to waiving four (4) conditions of approval set forth by the Lynwood Planning Commission; and WHEREAS, the Lynwood City Council considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal will not have sighificant impacts on the environment, an Initial Study was performed, and a Negative Declaration prepared in accordance with the California Environmental Qualify ACt (CEQA), therefore; Section 1. The Lynwood City Council hereby finds and determines as follows: Ao The granting of the proposed conditional use permit will not adversely affect the comprehensive General Plan. The project is consistent with the Multi- Family Residential Designation on the Lynwood General Plan Land Use Map. 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 nine (9) residences are consistent with the density of eighteen (18) units per acre in Multiple-Family Residential zone. 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. An Initial Study was performed and conditions of approval and mitigation measures are incorporated in the project to reduce potential impacts to a level of insignificance. Do That the proposed conditional use will comply with each of the applicable provisions of Chapter 25 of the Lynwood Municipal Code, except for approved variances. The project complies with development standards except front yard setback. The subject property is an irregular shaped parcel and the applicant is providing eight feet (89 in lieu of the minimum ten feet (109. Six (6) required findings to grant a variance have been made by the Planning Commission to approve Variance No. 2005-02. ~"tion 2. The City Council of the City of Lynwood hereby approves APPEAL NO. 2005-02 (Modification of Conditional Use Permit No. 2003-26), subject to all conditions of approval set forth as follows: CONDTI'ZONS OF APPROVAL · DEVELOPMENT SERVZCES DEPARTMENT 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. 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 March 8, 2005. 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. 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. 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. pLANNINI~ DIVISION CONDITIONS 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 detai!ed 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. A six (6') foot high solid and sight-obscuring fence 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 (47 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. 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. 2 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. 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. 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 Nap. 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- 0! (60553), and Variance No. 2005-02 and all conditions set forth therein. DEPARTMENT OF ENVZRONMENTAL SERVZCES/EN~;I'NEERTNG 17. Submission and recordation of a Tract Map is required. Certificates of occupancy will not be issued prior to the recordation of a subdivision map. 18. 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. 19. Construct five-foot (59 wide sidewalk along Redwood Avenue. 20. Construct new sidewalk, curb and gutter, drive approaches, and required pavement as necessary along Redwood Avenue. 21. Construct twenty-four inch (24'9 wide gutter and asphalt pavement along property frontage on Redwood Avenue. 22. Close existing drive approaches and construct proposed drive approaches per APWA standards on Redwood Avenue. 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. I~linimum 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. 24. Remove existing street trees. Reconstruct damaged sidewalk, curb and pavement. 25. 26. 27. 28. 29. 30. Underground all new utilities. All Edison vaults and structures shall be placed underground. A permit from the Engineering Division is required for all off-site improvements. 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. REDEVELOPMENT DIVISION The developer shall comply with all provisions set forth in the Development and Disposition Agreement (DDA) as amended and approved by the Lynwood Redevelopment Agency. BI)T! nING AND SAFETY DIVISION 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- 200::[ edition The Los Angeles County Fire Code - 2001 edition; The Nation Electric Code - 2001 edition; 31. 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 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. ~ This Resolution shall become effective immediately upon its adoption. City of Lynwood ANDREA HOOPER, City Clerk City of Lynwood GI~.AI~F TAYLOR, ' - ' Development Services Department City of Lynwood RNOLDO BELTRAN, City Attorney nwood City Council S-rATE OF CALIFORNIA ) )$5 COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk for 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 rrrc,~cting held on the 5th day of Apri I ' 2005. AYES: NOES: ABSENT: ABSTAIN: COUNCILMEN BYRD, PEDROZA,AND VASQUEZ NONE MAYOR RODRXGUEZ MAYOR PRO TEM SANTILLAN City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 2005.051 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 ADril ,2005. City Clerk, City of Lynwood