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HomeMy Public PortalAbout2005-103 (07-05-05)RESOLUT]:ON NO. 2oo5.to3 A RESOLUTTON OF THE CI'TY COUNC'rL OF THE CTTY OF LYNWOOD DENYI~NG APPEAL NO. 2005-03 THEREBY UPHOLDZNG THE DECZSI'ON OF THE LYNWOOD PLANNZNG COMMISSTON TO APPROVE CONDTTTONAL USE PERMM~'T NO. 2005-11 W1;TH ALL CONDZTZONS; TO CONSTRUCT TWO (2) COMMMERCt'AL BUt'LDI'NGS, ONE- STORY ZN HETGHT, ON TWO (2) SEPARATE PARCELS TOTALI'NG 12,300 SQUARE FEET I'N AREA LOCATED AT 11833 ATLANT1'C AVENUE AND 4335 - 4343 AGNES STREET TN THE CB-1 (CONTROLLED BUS1;NESS) ZONE. THE PROPERTY FAC1'NG ATLANTZC AVENUE WOULD BE DEVELOPED W1~TH AN 8,100 S(~UARE FOOT BUZLDZNG AND THE PROPERTY FACZNG AGNES STREET WZLL BE DEVELOPED WZTH A 4,200 S(~UARE FOOT BUZLD~[NG. THE PRO3ECT ]'NCLUDES CONSOLTDATI~NG THI'RTEEN (13) LOTS AND PORTI'ONS OF PUBLI'C ALLEYS I'NTO TWO (2) PARCELS AND CHANGt'NG THE ZONI'NG DESTGNATI'ON ON AGNES STREET FROMM P-1 (PARKI'NG) TO CB-1 (CONTROLLED BUSI'NESS). THE PROPERTY 1~S LOCATED ON THE NORTHWEST CORNER OF ATLANTZC AVENUE AND AGNES STREET, ASSESSOR PARCEL NUMMBERS 6189-018-030, 031, 046 AND 047, CZTY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNZA. WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public hearing on May 10, 2005, considered all public oral and written communication; and WHEREAS, the Lynwood City Council considered all public oral and written testimony at the public hearing; and WHEREAS, the Lynwood City Council conducted a duly noticed public hearing on Appeal No. 2005-03 on .]uly 5, 2005; and WHEREAS, the Lyfiwood R~development Agency provided development concept approval of the project on January 4, 2005; and WHEREAS, the Development Services Department has determined that the project may have significant impacts on the environment, therefore, an :Initial Study was performed, Negative Declaration prepared, and appropriate mitigation measures have been included in the project to reduce potential impacts to a level of insignificance pursuant to the provisions of the California Environmental Quality Act (CEQA). Section 1. determines as follows: The City Council of the City of Lynwood hereby finds and A. The granting of the proposed conditional use permit will not adversely affect the comprehensive General Plan. The project is consistent with the Commercial General Plan Land Use Map designation. 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. All development standards set forth in the Lynwood Municipal Code for the CB-1 zone have been satisfied. Ce 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. Mitigation measures and conditions of approval have been included into the project to reduce potential impacts to insignificant levels. D. That the proposed conditional uses will comply with each of the applicable provisions of this chapter. All development standards have been met. 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 City Council of the City of Lynwood hereby approves Appeal No. 2005-03 thereby upholding the decision of the Lynwood Planning Commission to approved Conditional Use Permit No. 2005-11, subject to all the following conditions: COND?T?ONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 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. The applicant shall meet the requirements of the Lynwood Municipal Code, the California Building Code and the Los Angeles County Fire Code. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Community Development Department, Planning Division. 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. 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. PLANNING DIVISION 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 gross lot area. 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. Them shall be no outdoor storage of materials or equipment once the Certificate of Occupancy is issued. 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. 11. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. A six-foot (67 chain fence shall be maintained around the property during construction activities to prevent trespass and loitering. Each parcel shall provide 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 (67 in height, with solid sight obscuring gates. The property owner shall only contract with Consolidated Waste Disposal. The applicant shall submit a detailed and comprehensive sign program application. Such sign program shall be reviewed and approved by the Development Services Department, Planning Division to final approval. Each tenant or business shall receive approval of a sign permit and plans prior to the installation of any signs. The applicant shall submit a building exterior materials and color sample board. Such materials and colors shall be subject to approval of the Lynwood Redevelopment Agency. During construction, the contractor shall water exposed dirt areas on a daily basis in order to reduce dust impacts on properties in the vicinity. Hours of construction shall be limited from 7:00 a.m. to 7:00 p.m. Monday through Friday only. The applicant shall submit a detailed security plan to include cameras, security personnel and other proposed public safety measures. The vehicle access areas shall have directional signs and directional arrows delineated to provide safe flow of traffic. Prior to the issuance comprehensive traffic Such traffic parking Services Department, of building permits, the applicant shall submit a detailed and and parking study identifying impacts and mitigation measures. study shall be reviewed and approved by the Development Planning Division. Prior to the issuance of building permits, the applicant shall submit a detailed and comprehensive water and sewer study identifying impacts and mitigation measures. Such water and sewer study shall be reviewed and approved by the Development Services Department, Planning Division. The property owner or tenants shall post no loitering signs and prevent persons from loitering on the premises during business hours. 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. A security person may reside at the location in a trailer. Such trailer shall be located on private property and shall be removed upon issuance of the Certificate of Occupancy. BU~LD?NG AND SAFETY DI'V[S~ON 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- 200! edition; · The Uniform Mechanical Code- 200! edition; · The National Electric Code - 200! edition; · The Los Angeles County Fire Code - 200! edition; 3 24. 25. 26. 27. 28. 29. 30. 30A. 31. 32. 33. 34. 35 36. 37. All as amended by the California Building Code of 2001. fn 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 A~;ENCY The project shall be deve!.oped in accordance with the concept approval granted by the Lynwood Redevelopment Agency on January 4, 2005. ENVIRONMENTAL SERVICES / ENGINEERING Site plan is incorrect. Correct the property dimensions and resubmit. Show only pertinent proposed buildings. Submission and recordation of a parcel map is required. Building permits will not be issued prior to the recordation of a subdivision map. Dedicate a five foot (5') wide strip of ~roperty along Atlantic Avenue fronting development site. Dedicate required property at the northwest corner of Atlantic Avenue and Agnes Street to accommodate a twenty-five foot (257 radius. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by Public Works Department. No building permits will be issued prior to the approval of grading plan by the City Engineer. Reconstruct damaged and substandard sidewalk along Atlantic Avenue, Agnes Street and First Avenue. Construct 24" wide gutter and asphalt pavement along Agnes Avenue fronting the development. Reconstruct damaged and substandard drive approaches per APWA standards. Close existing drive approaches and construct proposed drive approaches per APWA standards. Grind and overlay two inch (2'7 minimum of pavement along Agnes Street fronting the development from edge of gutter to edge of gutter. Access through the rear alley is not allowed. Alley will be vacated in the future. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. When connecting to an existing lateral, contractor shall verify the size of such lateral and provide proof of its integrity. Minimum size required is six inch (6'7. Trim and root prune three (3) existing street trees and install root barriers at Agnes Street. Remove existing street tree along Atlantic Avenue and along First Avenue. Reconstruct damaged sidewalk, curb and pavement. Specific trees shall be marked by the City. 38. 39. 40. 41. 42. 43. 45. 46. 47. 48. 49. 50. 51. 52. Install six (6) 24" box street trees per APWA standards. Two (2) on Atlantic Avenue, Two (2) on Agnes Street and two (2) on First Avenue. Regrade parkway and landscape with grass. Provide and install one (1) marbelite street pole with light fixture, underground services and conduits at northeast corner of Agnes Street and First Avenue. City Engineer shall review lighting plan and may require additional street lights if warranted. Underground all 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 contractor must obtain a permit from the Public Works/Engineering Division prior to performing any work. This development is subject to the City's Standard Urban Storm Water Mitigation Plan Ordinance (SUSMP). Incorporate the SUSMP in the site grading plan for City's approval. This project may be subject to the City of Lynwood construction and demolition ordinance. Determination shall be made upon submittal of project costs estimate to the Department of Environmental Services. Portion of the alley west of Atlantic Avenue, north of Agnes Street, between alley north of Agnes Street and Agnes Street has been previously vacated. Grading Plan shall include proposed drainage of vacated alleys to accommodate any proposed improvements. City Engineer may require speed bumps in alleys if warranted. Grind and overlay alleys one and one-half inch (1 1/2'g minimum north of Agnes Street between Atlantic Avenue and Agnes Street, south of 3osephine Street reconstruct concrete longitudinal gutters. Widen Atlantic Avenue by two feet (27, street widening plan shall be submitted to the Department of Environmental Services/Public Works for review and approval. As part of the Congestion Management Plan Mitigation (CMP) to offset CMP debit incurred to the City and because of the effect of the proposed development, the developer is required to implement a reasonable Congestion Management Plan. CMP mitigation plan may include deposit of funds with the City for future traffic related improvement to mitigate traffic congestion. LOS ANGELES COUNTY FIRE DEPARTMENT The applicant shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Land Use and Engineering Divisions. 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 this Resolution shall be delivered to the applicant. Section 4. This Resolution shall become effective immediately upon its adoption. RAMON RODRTGUEZ, Mayo~ Lynwood Planning Commission ANDREA HOOPER, City Clerk City of Lynwood /E~R~QUE~('f'AR~NEZ, C-~ rvlanager City of Lynwood APPROVED AS TO CONTENT: GRANT TAYLOR~r~'ector - Development Services Department APPROVED AS TO FORM: ~P~NO~.DO BELTRAN, City Attorney l:ity of Lynwood STATE OF CALIFORNIA COUN-FY OF LOS ANGELES ) )SS ) 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 meeting held on the 5th day of .].l_v .2005. AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE City Clerk, City of Lynwood SLATE OF CALIFORNIA COUNTY OF LOS ANGELES ) )SS ) 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. ~nn~ ln.~ on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this )ith day of ,hny ,2005.