HomeMy Public PortalAbout11-09-2004 PLANNING COMMISSIONCity o~ NWOOD
11330 BULLIS ROAD
LYNWOOD, CALIFORNIA 90262
(310) 603-0220
AGENDA
LYNWOOD PLANNING COMMISSION
REGULAR MEETING - 6:30 P.M.
CITY HALL COUNCIL CHAMBERS
11330 BULLIS ROAD
LYNWOOD, CA 90262
November 9, 2004
PLANNTNG COMMISSTONERS
Jim Morton
Chairperson
CITY OF LYNW00D
NOV 0 4 2004
Carlos Manlapaz
Commissioner
Victor Gomez
Vice Chairperson
Kenneth West
Commissioner
Lourdes Castro-Ramirez
Commissioner
Rita Patel
Commissioner
Juan Enciso
Commissioner
Arthur Barfield,
Planning Associate
COMMISSION COUNSEl
Jennifer Mizrahi, Deputy City Attorney
Law Offices of Beltran and Medina
STAFF
Grant Taylor, Director
Development Services
-1-
OPENING CEREMONIES
1.
3.
4.
5.
Call meeting to order.
Flag Salute.
Roll call of Commissioners.
Certification of Agenda Posting.
Minutes of Planning Commission Meetings:
October 12, 2004
Conditional Use Permit NO. 2004-26
APPLICANT: Fidel Alvarez
5137 Walnut Avenue.
Assessor Parcel Number 6189-037-01,1
Prooosal
Request to construct two (2) attached residences (duplex), two-stories in height with detached
two-car garages. The existing single-story residence would be demolished and the existing
two-car garage would remain. The subject property is located at 5137 Walnut Avenue in the
R-2 (Two-Family Residential) zone.
Recommendation
Staff recommends that the Planning Commission adopt Resolution 3031 approving Conditional
Use Permit No. 2004-26.
NEW PUBLIC HEARZNG ;
Conditional Use Permit No. 2004-:51
APPLICANT: AT&T Wireless c/o Velocitel
3680 Imperial Highway
Assessor Parcel Number 6173-015-026
-2-
CONTINUED PUBLTC HEARINGS
Proposal
Request to install an unmanned wireless telecommunications facility to include six (6)
antennas and equipment cabinets on the roof of an existing five (5) story medical office
building located at 3680 Imperial Highway in the H-M-D (Hospital-Medical-Dental) zone.
Recommendation
Staff recommends that the Planning Commission adopt Resolution 3038 approving Conditional
Use Permit No. 2004-31.
Variance No. 2004-04, Site Plan Review No. 2004-30 & Environmental
APPLICANT: Hezi Kashanian/Chan Ku/Eshagh Kermani
10900 - 10930 Long Beach Boulevard
Assessor Parcel Numbers 6191-005-021, 022, 023 and 024
Prooosal
Request to develop a 25,845 square foot commercial project with three (3) property owners
that includes a variance to reduce parking from the minimum 103 stalls to 66 stalls, site plan
review to construct, modify and alter three (3) commercial buildings, and environmental
assessment for properties located at 10900 - 10930 Long Beach 8oulevard in the C-2A
(Medium Commercial) zone.
Recommendation
Staff recommends that the Planning Commission perform the following actions:
· Certify the Initial Study/Mitigated Negative Declaration; and
· Adopt Resolution 3039 approving Variance No. 2004-04; and
· Approve Site Plan Review No. 2004-30.
Conditional Use Permit No. 2004-37
APPLICANT: Manuel Carrillo
11040 Louise Avenue
Assessor Parcel Number 6194-028-014
-3-
Prooosal
Request to construct a second single-family residence, one-story in height, with an attached 3-
car garage. The property is a through lot with an existing residence facing Louise Avenue and
the new residence would face Wright Road. The property is located at 11040 Louise Avenue
in the R-3 (Multiple-Family Residential) zone.
Recommendation
Staff recommends that the Planning Commission adopt Resolution 3040 approving Conditional
Use Permit No. 2004-32.
10.
Conditional Use Permit No. 2004-33, Tentative Tract Mao No. 2004-06 (62163)
Zone Chanoe No. 2004-04, Variance No. 2004-05 & Environmental A_~_=essment
APPLICANT: Hermelio Franco
South side of Fernwood Ave., north of 1-105 between Bullis Rd. and Atlantic Ave.
Assessor Parcel Numbers 6173-001-900-901 and 6189-012-902-908
Proposal
Request to construct thirty-nine (39) detached single-family residences, two-stories in height,
with attached two-car garages, and construct seven (7) common lots (pocket parks). The
project includes subdividing three (3) parcels into forty-seven (47) lots; changing the zone
from "No Zone" to PRD (Planned Residential Development), reducing street side yard setbacks
and lot sizes, and Environmental Review. The property totals approximately 176,500 square
feet or 4.05 acres in area. The subject property is located on the south side of Fernwood
Avenue, norLh of the [-105 (Century) Freeway, between Bullis Road and Atlantic Avenue.
Recommendation
Staff recommends that the Planning Commission perform the five (5) following actions:
· Certify the Initial Study/Mitigated Negative Declaration
· Adopt Resolution 3041 approving Conditional Use Permit No. 2004-33; and
· Adopt Resolution 3042 approving Tentative Tract Map No. 2004-06 (62163); and
· Adopt Resolution 3043 approving Zone Change No. 2004-04 (City Council Ordinance); and
· Adopt Resolution 3044 approving Variance No, 2004-05.
If the Planning Commission elects to deny the project or the applicant does not demonstrate
willingness to comply with conditions of approval, attached is a Resolution of denial,
-4-
CONTTNUED REGULAR AGENDA
NONE
NEW REGULAR AGENDA
11.
Zoninq Ordinance Amendment No. 2004-02: U~date Lvnwood Zoninq C_n~,
APPLICANT: City of Lynwood
All properties in the City limits
ProPosal
For the Planning Commission to review, discuss, revise and provide direction to staff regarding
updating Chapter 25 of the Lynwood Municipal Code. At the last regular meeting on October
12, 2004 staff passed out copies of the Draft Zoning Ordinance to review and discussion at the
next meeting.
Recommendation
Staff recommends that the Planning Commission provide comments, questions, revisions and
direct staff to bring back an updated copy of the Draffc Zoning Ordinance with applicable
environmental documentation for public hearing at the next regular meeting on December
2004.
12. Presentation/Discussion: California Environmental Oualitv Act (CEOA)
Proposal
For the Planning Commission to accept a brief presentation from staff pertaining to State Law
for the California Environmental Quality Act (CEQA) guidelines, process and procedures.
Recommendation
Staff recommends that the Planning Commission receive and file.
-5-
PUBLIC ORALS
COMMI'SSI'ON ORALS
STAFF ORALS
AD3OURNMENT
Adjourn to the regular meeting of the Planning Commission on December 14, 2004 at 6:30 p.m. in
the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California.
-6-
AGENDA ITEM NO. 5
CASE NO. MINUTES
LYNWOOD PLANNING COMMISSION MEETING~
October 12~ 2004
The Lynwood Planning Commission met in regular session in the City Hall
Council Chambers.
Chair Morton called the meeting to order at 6:40 p.m.
Commissioner Patel led the flag salute.
Chair Morton requested the roll call.
Director of Development Services Taylor called roll.
Chair Dove presiding.
Commissioner's Morton, Patel and Gomez answered the roll call.
The four (4) new Planning Commissioner's were required to sit in the
audience until the formal swearing in ceremony.
Also present were Deputy City Attorney Jennifer Mizrahi, Director of
Development Services Grant Taylor and Planning Associate Art Barfield.
Chair Morton asked if the agenda had been duly posted.
Director of Development Services Taylor stated the agenda had been duly
posted in accordance with the Brown Act.
Item #6: Swearing in New Commissioners
Director of Development Services Taylor requested to reorganize the agenda
to swear in new Planning Commissioner's.
Chair Morton granted the request.
Director of Development Services Taylor introduced City Clerk Andrea
Hooper for the swearing in of new Planning Commissioners.
Andrea Hooper congratulated the new Planning Commissioner's and asked
the four (4) members to stand at the podium with her. Ms. Hooper provided
each new commissioner with a handbook and copies of the Lynwood
Municipal Code.
Andrea Hooper was assisted by Council Member Fernando Pedroza and City
Manager Joseph Wang with swearing in ceremonies. Kenneth West,
Lourdes Castro-Ramirez, Carlos Manalapaz and Juan Enciso raised their
right hands and followed along with Ms. Hooper and Mr. Pedroza as they
were duly sworn in.
Upon completion the new Planning Commissioner's were congratulated and
took their seats on the dias.
Andrea Hooper stated the new Planning Commissioner's must fill out their
conflict of interest forms and submit to her office.
Deputy City Attorney Jennifer Mizrahi went over the conflict of interest
form and summarized State Law regarding what is a conflict of interest to
include financial and personal interests.
Commissioner Gomez inquired about reorganization.
Director of Development Services Taylor stated he would like to formally
reorganize in December or January consistent with the City Council
reorganization. Mr. Taylor stated it would be appropriate if Vice Chair Jim
Morton was acting Chair Person until reorganization. In addition, Mr.
Taylor suggested that the Planning Commission elect an acting Vice Chair in
case Mr. Morton was unable to attend a meeting.
Director of Development Services Taylor requested to Chair Morton that he
call roll again to reflect the new Planning Commissioner's.
Commissioner's Morton, Gomez, West, Ramirez, Patel, Manlapaz, and
Enciso answered the roll call.
Motion by Commissioner West to nominate Commissioner Gomez as
Acting Vice Chair, second by Commissioner Patel.
Motion approved by general consensus.
Item #5: MINUTES - September 14, 2004
Chair Morton announced agenda Item #5, Minutes of the September 14,
2004 Planning Commission meeting and asked if the Commission's had any
revisions or questions.
Director of Development Services advised the new Planning
Commissioner's that if anyone was present at the last meeting they can vote
on the item, otherwise, they should abstain. Mr. Taylor stated that because
Commissioner West was present, he may vote.
Motion by Vice Chair Gomez to approve the October 12, 2004 minutes,
second by Commissioner Patel.
Director of Development Services Taylor called roll.
Motion to approve passed 4-0-3 as follows:
Approve - Morton, Gomez, Patel, West
Deny- None
Abstain - Ramirez, Manlapaz, Enciso
CONTINUED PUBLIC HEARINGS
Chair Morton requested Deputy City Attomey Mizrahi to swear in all
citizens wishing to testify on any agenda item in English and Spanish.
Deputy City Attorney Mizrahi requested all citizens wishing to testify please
stand they were duly sworn in both English and Spanish.
Item #7: Conditional Use Permit No. 2004-29 & Tentative Tract M~p
No. 2004-05 (61862)
APPLICANT: Femando Nunez
11137 Wright Road
Assessor Parcel Number 6194-027-018
Chair Morton announced continued public hearing agenda Item #7 and
requested a staff report.
Director of Development Services Taylor presented a staff report and stated
the applicant is requesting approval to subdivide one (1) parcel into five (5)
lots to construct four (4) detached condominiums and provide a separate lot
for common drive and open space areas at 11137 Wright Road in the R-3
(Multiple-Family Residential) zone. The property totals 10,100 square feet
and is developed with a one-story residence that would be demolished. The
new lots would total 1,482 to 1,596 square feet in area and would be
developed with detached condominiums, two-stories in height that would
total 1,332 square feet each with attached garages, three bedrooms and 2 V2
baths.
Vice Chair Gomez inquired about the driveway width and guest parking
stall.
Commissioner West inquired about fire department standards.
Commissioner Ramirez inquired about fire department plan check.
Director of Development Services Taylor stated that a twelve-foot (12')
driveway is proposed with ten feet being the minimum dimension allowed.
The fire hoses stretch 150 feet and any portion of a building beyond 150 feet
must have fire sprinklers in the entire building. Mr. Taylor stated if the
driveway is less than 26 feet in width the fire sprinklers or dry standpipes are
required. Mr. Taylor stated the applicant must bring approved plans
stamped by the fire department before building permits are issued. Mr.
Taylor stated the code requires one guest parking stall per ten residences and
the guest stall on the site plan is optional. Mr. Taylor stated the Commission
may elect to keep or remove the guest stall, however, if the Commission
wishes to keep the guest stall, such stall should be moved back so clear
access to the rear unit may be provided and the trash dumpster is not blocked
in by a parked car.
Chair Morton opened the public hearing.
Otto Mendez, 9521 Pioneer Boulevard, Santa Fe Springs, is the property
owner and spoke in favor of the project.
Vice Chair Gomez inquired if the owner would fire sprinkler all four units
and expressed concern that the driveway is too narrow and vehicles may
block fire access. Mr. Gomez also suggested removing the guest stall and
providing more open space.
Mr. Mendez stated that he had planned to sprinkler the two rear units
consistent with fire code standards and he would establish an association and
implement CC&R's to prohibit parking in the common driveway. Mr.
Mendez stated he would gladly remove the guest parking stall.
Mr. Barrios, 11141 Wright Road, is the neighbor next door and opposes the
project. Mr. Barrios stated there are too many homes, not enough parking
and too much crime. Mr. Barrios inquired about density?
Director of Development Services Taylor stated the Lynwood Municipal
Code allows a maximum of eighteen (18) units per acre that translates to one
residence per 2,420 square feet or property area. The property is sufficient
in size to allow a maximum of four (4) residences.
Commissioner Ramirez suggested leaving the guest parking stall.
Mr. Mendez spoke briefly in rebuttal.
Chair Morton closed the public hearing.
Commissioner West inquired about the front setback, vehicle access and
fencing.
Chair Morton inquired about parking.
Vice Chair Gomez suggested all four units have fire sprinklers and the guest
parking stall removed.
Commissioner Enciso stated he supports new homes and the project should
comply with City codes.
Commissioner Ramirez inquired about the fair housing numbers.
Director of Development Services Taylor stated the front setback and
vehicle access comply with code standards and fencing should be solid and
sight obscuring around the perimeter. Mr. Taylor stated the Commission has
the authority to require fire sprinklers for all units and can recommend that
the guest parking stall be removed. Mr. Taylor said the State sets forth the
fair share or regional housing (RHNA) for each City and Lynwood's
allocation is 967 residences in a seven year period.
Motion by Vice Chair Gomez to adopt Resolution 3030 approving Tentative
Tract Map No. 2004-05 (61862) and adopt Resolution 3036 approving
Conditional Use Permit No. 2004-29 as amended to require fire sprinklers
for all four residences and to remove the guest stall and landscape the area.
Seconded by Commissioner West.
Director of Development Services Taylor called the roll.
Motion to approve passed 7-0.
City Council Member Fernando Pedroza requested a point of order from the
Chair. Mr. Pedroza congratulated the new Planning Commissioner's,
thanked the returning Planning Commissioner's and thanked staff.
A RESOLUTION ENTITLED: A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF LYNWOOD
APPROVING TENTATIVE TRACT MAP NO. 2004-05 (61862),
SUBDIVIDING ONE (1) PARCEL INTO FIVE (5) LOTS IN ORDER
TO DEVELOP FOUR (4) SINGLE FAMILY RESIDENTIAL
CONDOMINIUMS AND A SEPARATE LOT FOR COMMON
ACCESS AND OPEN SPACE AREAS IN THE R-3 (MULTIPLE-
FAMILY RESIDENTIAL) ZONE, LOCATED AT 11137 WRIGHT
ROAD, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER
6194-027-018, CITY OF LYNWOOD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA.
ROLL CALL
AYES:
NOES:
CASTRO-RAMIREZ, ENCISO,
MORTON, PATEL & WEST
NONE
GOMEZ, MANLAPAZ,
ABSENT: NONE
ABSTAIN: NONE
A RESOLUTION ENTITLED: A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF
LYNWOOD APPROVING CONDITIONAL USE PERMIT
NO. 2004-29, PERMITTING THE DEVELOPMENT OF
FOUR (4) DETACHED CONDOMINIUM RESIDENCES,
TWO-STORIES IN HEIGHT, WITH ATTACHED TWO-
CAR GARAGES IN THE R-3 (MULTIPLE-FAMILY
RESIDENTIAL) ZONE, LOCATED AT 11137 WRIGHT
ROAD, FURTHER DESCRIBED AS ASSESSOR PARCEL
NUMBER 6194-027-018, CITY OF LYNWOOD, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA.
ROLL CALL
AYES: CASTRO-RAMIREZ, ENCISO, GOMEZ,
MORTON, PATEL & WEST
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
MANLAPAZ,
NEW PUBLIC HEARINGS
Item #8: Conditional Use Permit No. 2004-26
APPLICANT:
Fidel Alvarez
5137 Walnut Avenue
Assessor Parcel No. 6189-037-014
Chair Morton announced new public hearing agenda item #8 and requested a
staff report.
Director of Development Services Taylor presented the staff report and
stated the applicant is requesting approval to construct a duplex, two-stories
in height with a detached two-car garage. The existing residence would be
demolished and the existing two-car garage would remain. The subject
property is located at 5137 Walnut Avenue in the R-2 (Two-Family
Residential) zone.
Vice Chair Gomez inquired about existing construction and the foundation.
Director of Development Services Taylor stated the applicant received
approval to construct a large addition but has since reconsidered and has
requested to construct a duplex. The foundation may be used, but the
framing had to be removed.
Chair Morton opened the public hearing.
Roberto Alvarez, Glendale, is the cousin of the property owner and is
speaking in support. The applicant, Fidel Alvarez is ill.
Vice Chair Gomez inquired about the status of the new construction.
Commissioner Enciso inquired about the rear unit.
Mr. Alvarez stated the framing for the previous structure had to be
demolished but not the foundation or the existing garage. Mr. Alvarez
confirmed that upon completion of the duplex, the existing residence would
be demolished.
Director of Development Services Taylor read a letter of opposition into the
record from William Fredrick, no address identified.
Chair Morton closed the public hearing.
Vice Chair Gomez said he does not support the project as he feels a one-
story structure would be a better fit in the neighborhood and the elevations
should be upgraded.
Commissioner West inquired about the foundation, vehicle access from the
alley as there is a gate, repair of the alley, and soil contamination/condition.
Mr. West said there are two 2-story homes on Walnut.
Commissioner Ramirez inquired about work begun but not finished.
Commissioner Manlapaz stated it is the Planning Commission's duty to
regulate buildings, aesthetics and safety. Felt the project looks "boxy" and
better elevations should be required.
Commissioner Enciso suggested the item be continued and the elevations
improved.
Director of Development Services Taylor stated the Lynwood Municipal
Code allows thirty-five feet (35') in height and the majority of new
residences are two-stories. The Planning Commission should consider code
standards, aesthetics and findings. The Commission may require improved
elevations and continue the item to November 9, 2004.
Motion by Vice Chair Gomez to continue the item and for the applicant to
improve the front elevation. Seconded by Commissioner Manlapaz.
The motion to continue passed 7-0 by general consensus.
Item ~: Conditional Use Permit No. 2004-28
APPLICANT:
Helen Mendoza
11531 Louise Street
Assessor Parcel No. 6189-033-015
Chair Morton announced regular public hearing agenda item 4/9 and
requested a staff report.
Planning Associate Barfield presented the staff report and stated the
applicant is requesting approval to construct a second residence, one-story in
height, with an attached two-car garage and remodel the existing residence
on property located at 11531 Louise Street in the R-2 (Two-Family
Residential) zone. Mr. Barfield stated the property totals 8,400 square feet
in area and the second residence would have vehicle access from the rear
alley. Staff has a policy that vehicle access should be discouraged from
alleys as the City would like to vacate alleys. However, the majority of the
residences on Louise have alley access to parking.
Chair Morton opened the public hearing.
Helen Mendoza, 6160 Shaker Drive, spoke in support. Ms. Mendoza
requested that Conditions #20 and #24 be waived. Ms. Mendoza said
lighting from the new high school under construction would provide
adequate light and remove the need for a new street light.
Commissioner Enciso inquired if the existing residence would remain and
inquired about on-site parking.
Ms. Mendoza stated the property has two-car garages for each residence plus
the driveway could accommodate another two cars.
Planning Associate Barfield stated that the Lynwood Municipal Code
requires a two-car garage per residence, parking in the driveway is not
encouraged and cannot be calculated towards required parking.
Commissioner West discussed driveway use for permanent verses temporary
parking, vehicle access from the alley, requested a gate on the alley for
security and suggested repair of alley as a condition.
Mr. Martinez, 9427 Jefferson Street, Bellflower spoke in favor.
Vice Chair Gomez inquired to staff about the alley and lighting conditions
(4/20 and #24).
Director of Development Services Taylor recommended that Condition #20
be waived. The majority of residences in the vicinity utilize the alley for
parking access, therefore, vacation of the alley would be impossible. Mr.
Taylor recommended that Condition #24 be upheld as a light pole is a
standard condition and adjacent property lighting should not be considered.
Planning Associate Barfield suggested an alternative may be for the
applicant to submit an exterior lighting plan in lieu of the new light pole.
Chair Morton closed the public hearing.
Motion by Vice Chair Gomez to adopt Resolution 3035 approving
Conditional Use Permit No. 2004-28 and delete Condition #20 and modify
Condition #24 that the applicant submit a lighting plan and add a condition
that the applicant shall repair any damaged pavement in the alley adjacent to
the subject property.
Seconded by Commissioner Ramirez.
Director of Development Services Taylor called roll and the motion to
approve with amended Resolution 3035 passed 7-0.
A RESOLUTION ENTITLED: A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF
LYNWOOD APPROVING CONDITIONAL USE PERMIT
NO. 2004-28, PERMITTING THE DEVELOPMENT OF A
SECOND DETACHED SINGLE-FAMILY RESIDENCE,
ONE (1) STORY IN HEIGHT, WITH ATTACHED 2-CAR
GARAGE, AND REMODELING AN EXISTING
DWELLING/GARAGE LOCATED AT 11531 LOUISE
AVENUE, LYNWOOD, CALIFORNIA, IN THE R-2
(TWO-FAMILY RESIDENTIAL) ZONE.
ROLL CALL
AYES: CASTRO-RAMIREZ, ENCISO,
MORTON, PATEL & WEST
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
GOMEZ, MANLAPAZ,
Item #10: Conditional Use Permit No. 2004-30
APPLICANT: Maria Loza & Connie Pulido
11215 Long Beach Boulevard, Building B-5, Unit #1010
Assessor Parcel Numbers 6171-001 to 007
Chair Morton announced new public hearing agenda item #10 and requested
the staff report.
Commissioner Enciso stated because of a potential conflict of interest he
will abstain from this item. Mr. Enciso left the dias and the Council
Chambers.
Planning Associate Barfield presented the staff report and said the applicants
are requesting approval of a conditional use permit for an alcoholic beverage
license for On-Site General Eating Place (Type 47 License) in conjunction
with a 3,960 square foot restaurant located at 11215 Long Beach Boulevard
in the CB-1 (Controlled Business) zone.
The applicants provided an information packet that Director of Development
Services Taylor forwarded to each Planning Commissioner.
Vice Chair Gomez inquired about live music and should that be included in
the CUP. Mr. Gomez stated he supports a fine dining sit down restaurant.
Director of Development Services Taylor stated live entertainment may be
included in the CUP resolution, however, live entertainment requires City
Council approval of a Special Permit (business license).
Commissioner Ramirez inquired if the Commission is reviewing the
restaurant or only the alcohol license request.
Planning Associate Barfield stated the agenda item is only for review of the
alcohol license as restaurants are permitted uses in all commercial zones.
Chair Morton closed the public hearing.
Maria Loza 2980 Malage Court, Diamond Bar spoke in support and stated
the project is an upscale restaurant with alcohol as an incidental use. The
restaurant will provide superior architecture with excellent food and service.
Connie Pulido, Diamond Bar, spoke in support.
Architect (inaudible), 812 Fremont Street, South Pasadena spoke in support
and presented a reduced model of the restaurant and explained the interior
layout.
Chair Morton inquired about a movable partition for banquets and large
groups.
Commissioner Manlapaz inquired of other projects the architect had done.
Commissioner Ramirez stated the Commissioner's should focus on the
alcohol aspect, said the interior architecture is excellent and hoped the
restaurant would be affordable for Lynwood residents. Ms. Ramirez also
inquired about the applicants experience with alcohol.
The architect stated the second story mezzanine could be closed off for
banquets and large groups. He has worked on a number of restaurants and
briefly summarized.
Ms. Loza stated her and her partner have ten years experience in the cell
phone business in surrounding gateway cities. Ms. Loza stated the manager
and chef have extensive experience with alcohol licenses.
Commissioner Ramirez inquired about checking identification and about the
name "Malverde."
Commissioner Patel inquired about security and hours of operation.
Chair Morton inquired about security.
Ms. Loza stated they would check identifications, the handout has the story
about the Malverde name regarding a man in Sinaloa who performed
miracles. Ms. Loza stated in addition to the security in Plaza Mexico they
would provide additional security on weekends. Ms. Loza stated hours
would be 10:00 am to 10:00 pm and maybe midnight or 2:00 am on
weekends.
Vice Chair Gomez inquired to staff about the Commission regulating the
hours of operation.
Director of Development Services Taylor stated the Commission may
restrict hours and recommended no later than 10:00 pm on weekdays and
2:00 am is acceptable on Fridays, Saturdays and Holidays.
Commissioner Manlapaz inquired about funding or available grants.
Ralph Gonzales, 2633 111th Street spoke in support.
Chair Morton closed the public hearing.
Commissioner West suggested limiting alcohol sales to 12:00 pm on
weekends and holidays and review at a later date.
Planning Associate Barfield stated that restricting hours of operation is a
reasonable condition that may be imposed.
Vice Chair Gomez suggested including live entertainment in the resolution.
Motion by Vice Chair Gomez to adopt Resolution 3037 approving
Conditional Use Permit No. 2004-30 with amendments to include limiting
alcohol sales to midnight on weekends and holidays and including live
entertainment in Resolution 3037.
Seconded by Commissioner Patel.
Commissioner Ramirez asked for clarification of live entertainment.
Director of Development Services Taylor stated the City Council will review
and identify the types of permitted live entertainment.
Director of Development Services Taylor called roll and the motion to
approve as amended passed 6-0-1 with Commissioner Enciso abstaining.
Commissioner Enciso returned to the dias.
A RESOLUTION ENTITLED: A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF
LYNWOOD, APPROVING CONDITIONAL USE
PERMIT NO. 2004-30, ALCOHOLIC BEVERAGE
LICENSE TYPE 47 (ON-SALE GENERAL EATING
PLACE) IN A RESTAURANT TOTALING 3,960
SQUARE FEET IN AREA, LOCATED AT 11215 LONG
BEACH BOULEVARD (PLAZA MEXICO), BUILDING
B-5, UNIT #1010, IN THE CB-1 (CONTROLLED
BUSINESS) ZONE, CITY OF LYNWOOD, STATE OF
CALIFORNIA.
ROLL CALL
AYES: CASTRO-RAMIREZ, GOMEZ, MANLAPAZ, MORTON,
PATEL & WEST
NOES: NONE
ABSENT: NONE
ABSTAIN: ENCISO
CONTINUED REGULAR AGENDAITEMS
None
NEW REGULAR AGENDA ITEMS
None
PUBLIC ORALS
Maria Loza inquired about hours of operation.
Vice Chair Gomez stated no discussion of the public hearing can be made
after the decision is made.
Director of Development Services Taylor advised Ms. Loza to come to the
office tomorrow and he would go over the conditions.
COMMISSION ORALS
Vice Chair Gomez suggested that staff agendize at a future meeting an item
to commemorate and recognize the former Planning Commissioner's. Mr.
Gomez congratulated and welcomed the new Planning Commissioner' s.
Chair Morton suggested that the Planning Commission and the City Council
commemorate and thank the former Planning Commissioner's.
Commissioner Enciso stated he is happy to be on the Commission and
looked forward to working with staff and his fellow Commissioner's.
Commissioner Patel stated the Planning Commission will be faced with
difficult decisions and welcomed the new Planning Commissioner' s.
Commissioner Ramirez stated it is a pleasure to be on the Planning
Commission and looks forward to learning from returning members.
Commissioner Manlapaz stated he is glad to be back on the Planning
Commission and looks forward to teamwork with his colleagues.
Commissioner West thanked staff and his fellow Planning Commissioner' s.
Chair Morton welcomed the new Planning Commissioner's and stated the
new members are dedicated and asked good questions.
STAFF ORALS
Director of Development Services Taylor congratulated and thanked the
Planning Commission and stated the members are detail oriented, care about
their community and did their homework. Mr. Taylor handed out a draft
Zoning Ordinance, Chapter 25 of the Lynwood Municipal Code and
requested that the Commissioner's review the item and be prepared to
discuss at the next meeting.
Deputy City Attorney Mizrahi invited the Commissioner's to call her
anytime if they have any concerns.
Vice Chair Gomez inquired about Robert's Rules of Order.
Deputy City Attorney Mizrahi stated she can e-mail or provide pamphlets.
ADJOURNMENT
Motion by Vice Chair Gomez go adjourn, seconded by Chair Morton. Chair
Morton adjourned the meeting at 9:25 pm.
(,LNDA IFEM NO. 6
('AS ' '
~ E NO. (UP NO. 2004-26
DATE:
November 9, 2004
TO:
Honorable Chair and Members of the Planning Commission
FROM:
BY:
Grant Taylor, Director of Development Services
Jonathan Colin, Business License Manager
SUBJECT:
CONDITIONAL USE PERMIT NO. 2004-26
5137 Walnut Avenue
Assessor Parcel Number 6189-037-014
APPLICANT: Fidel Alvarez
PROPOSAL
The applicant is requesting approval to construct two (2) attached residences (duplex),
two-stories in height, and construct a detached two-car garage. The existing one-story
residence would be demolished and the existing two-car garage would remain.
BACKGROUND
The subject properb/ is located at 5137 Walnut Avenue, on the north side of Walnut
Avenue between Virginia Avenue and Duncan Avenue, Assessor Parcel Number 6189-
037-014, in the R-2 (Two-Family Residential) zone. The property measures 50 feet in
width by 126 feet in depth totaling 6,300 square feet in area. At present, there is an
existing one-story residence that would be demolished; a currently existing two-car
garage would not be removed. The Planning Commission directed the applicant to
improve and upgrade the front elevation. The item was continued.
ANALYSIS & DISCUSSlrON
The applicant upgraded the front elevation by installing a decorative entryway,
installing window trim, and installing mansard roof trim. The side and rear elevations
have been upgraded to include window roof trim.
The Lynwood Municipal Code (LMC) requires multiple family residential developments in
R-2 zones to obtain approval of a conditional use permit. The LMC allows a maximum
of fourteen (14) units per acre, which translates to one (1) residence per 3,112 square
feet of gross property area. The parcel totals 6,300 square feet and could
accommodate a maximum of two (2) residences.
The site plan indicates a 25'-3" front yard setback with access provided by a 10 foot
driveway on the south property line. Landscaping exceeds the minimum twenty-five
percent (25%) standard. The duplex would be constructed on the front portion of the
lot with a stair well on the inside of the structure.
The floor plan for both residences in the duplex indicates the residences will provide
1,225 square feet of livable area consisting of two bedrooms, two bathrooms, kitchen,
dining and living room. The garages are detached and total 400 square feet each.
The elevations indicate the two-story structure that totals 28' in height to the roof point
and consists of stucco siding, and Spanish tile roof. The rear elevations indicate that
the second floor will have a balcony.
Lynwood Municipal Code Section 25-25.7 sets forth four (4) findings the Planning
Commission must make in order to grant a conditional use permit. Following are the
findings in bold, and staff responses.
At
The granting of the proposed conditional use permit will not adversely
affect the comprehensive General Plan.
The General Plan Designation for the subject property is Townhouse and Cluster
Housing that is consistent with the R-2zoning designation. The project is
consistent with the General Plan policies and goals in the Land Use and Housing
Elements.
That the proposed location of the conditional use is in accord with the
objectives of this chapter and the purpose of the zone in which the site
is located.
The project would be consistent with the R-2 zone pertaining to density and
would satisfy all development standards to include but not be limited to setbacks,
building height, landscaping and parking.
That the proposed location of the conditional use and the conditions
under which it would be operated or maintained will not be detrimental
to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity.
Approval of the conditional use permit is permitted pursuant to Section 25-4 of
the Lynwood Municipal Code. The project would provide new housing and assist
the City's fair share of regional housing (RHNA) set forth by the State.
Conditions of approval set forth in Resolution 303:~ would mitigate potential
impacts to a level of insignificance.
That the proposed conditional use will comply with each of the
applicable provisions of this chapter, except for approved variances.
The project would comply with all development standards set forth in the LMC.
No variances are necessary.
ENVIRONMENTAL REVIEW
The Development Services Department has determined that the project is categorically
exempt from the provisions of the California Environmental Quality Act (CEQA)
guidelines pursuant to Sections 15303(a).
RECOM MEN DATI'ON
Staff recommends that the Planning Commission adopt Resolution 3031 approving
Conditional Use Permit No. 2004-26.
Attachments:
2.
3.
4.
Project Profile
Location Map
Resolution 3031
Plans (Site, floor and elevations)
PRO3ECT PROFI'LE
Conditional Use Permit No. 2004-26
5137 Walnut Avenue
Assessor Parcel Number 6189-037-014
Source and Authority
Lynwood Municipal Code (LMC) Section 25-4.2(a) sets forth permitted uses in
residential zones; LMC Section 25-4.5 sets forth development standards in
residential zones and LMC Section 25-25.7 sets forth findings approval of a
Conditional Use Permit.
Property Location and Size
The subject property is located at 5137 Walnut Avenue, on the north side of
Walnut Avenue between Virginia Avenue and Duncan Avenue, Assessor Parcel
Number 6189-037-014, in the R-2 (Two-Family Residential) zone. The property
measures 50 feet in width by 126 feet in depth totaling 6,300 square feet in
area. At present, there is an existing one-story residence that would be
demolished and a currently existing two-car garage would not be removed.
3. Existinq Land Uses
Site Developed
North:
South:
West:
East:
Single and Multi-Family Residential
Walnut Avenue then Single and Multi-Family Residential
Single and Multi-Family
Single and Multi-Family Residential
4. Land Use Desiqnation
The subject parcels have a General Plan Designation of Townhouse and Cluster
Housing that is consistent with the R-2 ('rwo-Family Residential) zoning. The
adjacent properties General Plan and Zoning designations are as follows:
Site
General Plan
Zoninq
North:
South:
West:
East:
Townhouse and Cluster Housing
Townhouse and Cluster Housing
Townhouse and Cluster Housing
Townhouse and Cluster Housing
R-2 (Two-Family Residential)
R-2 (Two -Family Residential)
R-2 (Two -Family Residential)
R-2 (Two -Family Residential)
Site Plan Review
The Site Plan Review Committee has reviewed the project and recommended
approval subject to conditions of approval set forth in Resolution 3031.
Code Enforcement History
No code enforcement case to date.
Public Response
None of record at the time of this report.
LOCATION MAP
Case No CUP 2004'26
SitcAddrcss: 5137_ WALNUT AVENUE
FIDEI. ALVAREZ
' pplicant Name:
300' or [ ] 500' Raclius Map
RESOLUTION NO. 3031
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING CONDITIONAL
USE PERMIT NO. 2004-26, TO CONSTRUCT TWO
AI-rACHED RESIDENCES (DUPLEX), TWO-STORIES IN
HEIGHT AND TWO (2) ATTACHED TWO-CAR
GARAGES, LOCATED AT 5137 WALNUT AVENUE, IN
THE R-2 (TINO FAMILY RESIDENTIAL) ZONE,
FURTHER DESCRIBED AS ASSESSOR PARCEL
NUMBER 6189-037-014, CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
WHEREAS, the Lynwood Planning Commission, pursuant to law, on October 12,
2004 conducted a public hearing on Conditional Use Permit No. 2004-26 and continued
the item; and
WHEREAS, the Lynwood Planning Commission conducted a continued public
hearing on November 9, 2004; and
WHEREAS, the Lynwood Planning Commission considered all oral and written
testimony offered at the public hearing; and
WHEREAS, the Development Services Department has determined that the
proposal is Categorically Exempt from the California Environmental Qualify Act (CEQA)
pursuant to Section 15303(a), therefore;
Section 1. The Planning Commission of the City of Lynwood hereby finds and
determines as follows:
The granting of the proposed conditional use permit will not adversely affect
the comprehensive General Plan. The zoning is R-2 (Two-Family
Residential) and is consistent with the General Plan designation of Town
House and Cluster Housing.
That the proposed location of the conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the zone in which
the site in located. The subject property is located in the R-2 zone and is
1
sufficient in size and shape to accommodate two (2) residences and satis~
all applicable development standards.
That the proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the
public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity. Conditions of approval have been included in
the project pursuant to Resolution 3031 to mitigate potential impacts to a
level of insignificance.
That the proposed conditional use will comply with each of the applicable
provisions of Chapter 25 of the Lynwood Municipal Code except for
approved variances. The project will comply with all development standards
set forth in LMC Section 25-4.
Section 2. The Planning Commission of the City of Lynwood hereby approves
Conditional Use Permit No. 2004-26, subject to all conditions, restrictions and limitations
set forth as follows:
CONDTTTONS OF APPROVAL
DEVELOPMENT SERVZCES DEPARTMENT
The conditional use must be acted upon within 180 days of approval. The
Conditional Use Permit shall become null and void 180 days from the date
of approval if not acted on within this period. One extension of 90 days
may be granted if the extension is requested in writing prior to the end of
the valid period, at the discretion of the Development Services
Department.
The project shall comply with all regulations and standards set forth in the
Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire
Code and all other City Departments.
The project shall be developed in accordance with plans approved by the Lynwood
Planning Commission and on file in the Development Services Department,
Planning Division.
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.
2
The property owner shall sign a Statement of Acceptance stating that he/she has
read, understands, and agrees to all conditions of this resolution prior to issuance
of building permits.
6. Conditions of approval shall be printed on plans prior to submission to the Building
and Safety Division for plan check.
PLANNING DLV~SZON
The project shall provide two 2-car garages. Such garages shall remain
unobstructed and available for vehicle parking at all times.
All driveways shall be permanently paved, maintained and remain clear and
accessible for vehicle access at all times.
Landscaped areas shall consist of a minimum of twenty five (25%) percent of the
gross lot area. The required front, rear, and side yards shall be landscaped and
shall consist predominately of plant materials except for necessary walks, drives
and fences. Landscaping and permanent irrigation systems shall be installed in
the front yard setback area in accordance with detailed plans to be submitted and
approved by the Planning Division prior to issuance of any building permits.
10.
A six (6') foot high solid and sight-obscuring fence shall be installed around the
perimeter of the property, except within the twenty-foot (20') front yard setback
area. Front yard fences shall not exceed four feet (4') in height and may be
constructed of wrought iron or wrought iron with block pilasters.
11. Prior to the issuance of building permits, the developer shall pay $2.24 per square
foot to the Lynwood Unified School District.
12. Acoustical construction materials shall be used throughout the units to mitigate
exterior noise to the standards and satisfaction of the Building and Safety Division.
13. The roof shall be constructed with a non-reflective material of concrete tile,
Spanish tile, ARC 80 or equivalent subject to review by the Planning Commission.
14.
Air conditioners, heating, cooling ventilation equipment, swimming pool pumps and
heaters and all other mechanical devices shall be located within the rear yard or
side yards. Such equipment shall be screened from surrounding properties and
streets and operated so that they do not disturb the peace, quiet and comfort of
neighboring residents, in accordance with the City's Noise Ordinance.
3
15.
The property owner shall maintain a pro-active approach to the elimination of
graffiti from the structures, fences and accessory buildings, on a daily basis.
Graffiti shall be removed within bNenty-four (24) hours.
16.
The applicant shall obtain a demolition permit and shall notify the South Coast Air
Quality Management District (AQMD) prior to demolition of the garage, covered
patio and storage building.
17. Existing residence shall be demolished prior to the issuance of a certificate of
occupancy.
18. New structures shall consist of colors reviewed and approved by the Development
Services, Planning Division.
ENVI'RONHENTAL SERV]'CES/ENGTNEERI'NG DEPARTHENT
19. Provide a corrected site plan that indicates the correct property dimensions.
20.
Submit a grading plan prepared and signed by a registered Civil Engineer. Grading
plan will be checked by the Department of Environmental Services. No building
permits will be issued prior to the approval of grading plan by the City Engineer.
21. Reconstruct damaged sidewalk along Walnut Avenue.
22. Access through the rear alley is not allowed.
23.
Connect to public sewer. Each building shall be connected separately. Construct
laterals as necessary. Minimum size required is six inches (6'7. When connecting
to an existing lateral, a City approved contractor shall verify the size of such lateral
and shall provide proof of its integrity by providing a video tape of the lateral to
the Department of Environmental Services/Engineering Division.
24.
Remove existing street metal pole with light fixture and install one (1) street
marbelite street pole with light fixture, underground services and conduits along
Carlin Avenue. The exact location shall be determined by the City Engineer.
25. Underground all new utilities.
26. A permit from the Engineering Division is required for all off-site improvements.
27.
All required water meters, meter service changes and/or fire protection lines shall
be installed by the developer. The work shall be performed by a licensed
contractor hired by the developer. The contractor must obtain a permit from the
Public Works/Engineering Division prior to performing any work. Each building
shall have its own water meter.
28.
Install one (1) 24" box street tree(s) per APWA standards along Walnut Avenue.
Species shall be determined by Environmental Services. A permit to install the
trees is required by the Engineering Division. The exact location of the trees will be
determined at the time the permit is issued.
29. Regrade parkway and landscape with grass.
BUILDI'NG AND SAFETY DI'VISION
30.
All construction shall meet or exceed the minimum building standards that are
referenced in the following codes.
The Uniform Building Code - 2001 edition;
The Uniform Plumbing Code - 2001 edition;
The Uniform Mechanical Code - 2001 edition
The Los Angeles County Fire Code - 1999 edition;
The National Electric Code - 2001 edition;
All as amended by the California Building Code of 2001.
In cases where the provisions of the California Building Code, the City of
Lynwood Municipal Code, or the plans or specifications in these plans may
conflict, the more restrictive provisions shall govern.
LOS ANGELES COUNTY FIRE DEPARTMENT
31.
The applicant shall comply with all conditions set forth by the Los Angeles County
Fire Department for this application. Please contact the Los Angeles County Fire
Department, Land Development Unit, Fire Prevention Division, 5823 Rickenbacker
Road, Commerce, CA 90040-3027, (323) 890-4243.
Section 3. A copy of Resolution 3029 shall be delivered to the applicant.
5
APPROVED AND ADOPTED this 9th day of November, 2004, by members of the
Lynwood Planning Commission, voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO CONTENT:
Grant Taylor, Director
Development Services Department
Jim Morton, Chairman
Lynwood Planning Commission
APPROVEDASTO FORH:
Jennifer Mizrahi, Deputy City Attorney
Planning Commission Counsel
6
AGENDA ITEM NO. 7
CASE NO. CUP NO. 2004-31
DATE:
TO:
FROM:
SUB)ECT:
APPLtCANT:
November 9, 2004
Honorable Chair and Members of the Planning Commission
Grant Taylor, Director of Development Services
Conditional Use Permit No. 2004-31
3680 l'mperial Highway
Assessor Parcel Number 6173-0~.5-026
AT&T Wireless c/o Velocitel
Request to install an unmanned wireless telecommunication facility to include six (6)
antennas and equipment cabinets on the roof of an existing five (5) story medical office
building located at 3680 Imperial Highway in the H~M~D (Hospital-Medical-Dental) zone.
The subject property is located on the southwest corner of Imperial Highway and
Stockwell Drive. The parcel is an irregular shaped lot that totals 35,280 square feet in
area and is developed with a five-story medical office building (Stockwell Building),
seventy-two feet (727 in height, has two levels of subterranean parking and parking at
grade.
ANALYSTS
Wireless telecommunication facilities are permitted in commercial and manufacturing
zones subject to a conditional use permit and development standards set for in Lynwood
Municipal Code Section 25~~.6.4.
AT&T proposes to install six (6) antennas at a height of seventy-four feet (74') that would
be attached to the parapet on top of the roof. The antennas will be painted to match the
building and blend in with the architecture. In addition, a 15'X 15;225 square foot lease
area would be utilized to install radio equipment cabinets on the roof in the center of the
building. The installations would be screened and not visible from public right-of-ways
and adjacent properties.
The subject property was selected to provide coverage for mobile phone service for AT&T
wireless customers in the area.
Lynwood Municipal Code Section 25-25.7 sets forth four (4) findings that the Planning
Commission must make to approve a conditional use permit. Following are the findings
in bold and staff determinations.
A. The granting of the proposed conditional use will not adversely affect
the comprehensive General Plan.
The conditional use permit location is consistent with the Commercial General Plan
Land Use Map designation, and meets goals and policies set forth in the Land Use
Element.
That the propo.sed location of the conditional use is in accord with th.e
objectives of this chapter and the purpose of the zone in which the site is
located.
Wireless telecommunication facilities are conditionally permitted uses in the H-M-D
(Hospital-Medical-Dental) zone. The project complies with all standards set forth in
Lynwood Municipal Code Section 25-16.4.
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.
The existing building would not be significantly modified. Only minor modifications
subject to a building permit are proposed. The health, safety and general welfare
of the public would be protected.
That the propo.sed conditional use will comply with each of the
applicable provisions of this chapter, except for approved variances.
The wireless telecommunication facility will comply with all standards set forth in
Lynwood Municipal Code Section 25-16.4 and all. conditions of approval in
Resolution 3038.
ENVZRONf4ENTAL ASS_I:SS.iqENT
The Development Services Department has determined the proposed project is
categorically exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(a).
RECOMMENDATTON
Staff recommends that the Planning Commission adopt Resolution 3038 approving
Conditional Use Permit No. 2004-31.
Attachments:
1. Project Profile
2. Location Map
3. Resolution 3038
Project Description
5. Plans
3
4
PRO3ECT PROFi'LE
Conditional Use Permit No. 2004-31
3680 Zmperial Highway
APN 6173-015-026
Lynwood Municipal Code (LMC) Section 25-13 identifies permitted uses and
conditionally permitted uses in the H-M-D (Hospital-Medical-Dental) zone; LMC
Section 25-16.4 sets forth procedures and standards for radio, television and
telecommunication service antennas; LMC section 25-25.7 sets forth the findings
that must be made by the Planning Commission for approval of a Conditional Use
Permit.
2. Property Location and Size
The subject property is located at 3680 Imperial Highway, on the southwest corner
of Imperial Highway and Stockwell Drive. The subject parcel totals 35,280 square
feet in area and is developed with a five-story medical office building.
Subject:
North:
South:
East:
West:
Five-story Medical Office Building
Imperial Highway then Single and Multi-Family Residences
Shared parking lot then Single-Family Residences
Stockwell Drive then Single and Multi-Family Residences
Retail businesses and medical offices
Land Use Designation~
General Plan
_Zoning
Subject:
North:
South:
West:
East:
Commercial
Multi-Family Residential
Commercial
Commercial
Multi-Family Residential
H-M-D (Hospital-Medical-Dental)
RI3 (Multiple-Family Residential)
H-M-D (Hospital-Medical-Dental)
H-M-D (Hospital-Medical-Dental)
R-3 (Multiple-Family Residential)
5. Site Plan Review
The Site Plan Review Committee has reviewed the proposed
recommended approval subject to conditions in Resolution 3038.
6. _ZoninQ Enforcement Histo~
None of record at the time this staff report was written.
7. ~
None at the time of this report.
project and
5
LOCATION MAP
CascNo. CONDITIONAL USE PERMIT NO. 2004-31
SitcAddrcss: 3680 IMPERIAL HIGHWAY
ApplicantNam¢: AT&T WIRELESS C/O VELOCITEL
[ ] 300' or [ ] 500' Radius Map
RESOLUTION NO. 3038
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LYNWOOD
APPROVING CONDITIONAL USE PERMIT NO.
2004-31, APPROVING INSTALLATION OF AN
UNMANNED WIRELESS TELECOMMUNICATION
FACILITY TO INCLUDE SlX (6) ROOF MOUNTED
ANTENNAS AND EQUIPMENT CABINETS ON
THE ROOF IN A 225 SQUARE FOOT LEASE
AREA, ON THE ROOF OF THE FIVE-STORY
MEDICAL OFFICE BUILDING LOCATED AT 3680
IMPERIAL HIGHWAY IN THE H-M-D (HOSPITAL-
MEDICAL-DENTAL) ZONE, FURTHER
DESCRIBED AS ASSESSOR PARCEL NUMBER
6173-015-06, CITY OF LYNWOOD, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA.
WHEREAS, the Lynwood Planning Commission, pursuant to law on November
9, 2004 conduced a public hearing on the subject application; and
WHEREAS, the Planning Commission considered all oral and written testimony
offered at all the public hearing; and
WHEREAS, the Development Services Department has determined that the
project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301(a);
Section 1. The Planning Commission of the City of Lynwood hereby finds and
determines as follows:
The granting of the proposed conditional use permit will not adversely
affect the comprehensive General Plan. The project is consistent with the
Commercial Land Use Designation in the General Plan. The conditional
use permit is consistent with the goals and policies in the Land Use
Element of the General Plan.
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 is located. Wireless telecommunication facilities are permitted in
the H-M-D (Hospital-Medical-Dental) zone subject to a conditional use
permit. The project complies with all standards set forth in the Lynwood
Municipal Code Section 25-16.4.
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. The project would not cause significant
impacts. Conditions of approval and mitigation measures are included to
reduce any potential impacts to a level of insignificance.
The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance, except for approved variances. The
wireless telecommunication facility will comply with all provisions of the
zoning code and all conditions of approval in Resolution 3038.
Section 2. The Planning Commission of the City of Lynwood, based upon the
aforementioned findings and determinations, hereby approves Conditional Use Permit
No. 2004-31, approval to install an unmanned wireless telecommunication facility on
the of an existing five-story medical office building located at 3680 Imperial Highway,
subject to the conditions set forth as follows:
CONDITIONS OF APPROVAL
DEVELOPMENT SERVICES DEPARTMENT
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.
Any subsequent modification of the subject site or structures thereon shall be
first reported to the Development Services Department, Planning Division, for
review.
The applicant and property owner shall both sign a Statements of Acceptance
stating that they have read, understand, and agree to all conditions of this
resolution prior to issuance of any building permits.
The conditional use permit shall lapse and become null and void unless building
permits and a business license are obtained within one hundred eighty (180)
days of this approval. One extension of ninety (90) days may be granted if the
extension is requested prior to the end of the valid period, at the discretion of the
Development Services Department, Planning Division.
PLANNING DIVISION
The building exterior shall not be altered architecturally and shall remain
compatible with the existing building to include but not be limited to materials,
colors and design.
6. Any exterior light shall be designed to reflect away from adjoining properties.
7. The applicant shall notify the City of Lynwood prior to installation of additional
dishes, antennas, and related equipment.
8. The lease area shall be maintained in a neat and orderly manner at all times. No
outside storage of materials or equipment is permitted.
9. The developer shall comply with all standards and requirements set forth in
Lynwood Municipal Code Section 25-18.4.
10. Equipment shelters or cabinetsd shall be maintained in good condition.
11.The applicant shall comply with all requirements of the FCC and FAA, incuding
safety lighting within airport descent zones.
12.The equipment shall be painted the same colors as the existing building or not
be visible from public right-of-ways or adjacent properties.
13.The applicant and owner shall sign an agreement provided by the City to permit
collocation of facilities on mounting structures owned or operated by the
applicant/owner unless special technical constraints prevent such collocation.
Such agreement shall be signed prior to final approval and release of utilities.
14. No signs, except warning signs, shall be posted or displayed on any antenna or
support device. Warning signs also may be attached to fencing surrounding any
facility.
-3-
15. Lawfully erected wireless communication facilities that are no longer being used
shall be removed within ninety (90) days of abandonment of discontinuance of
use. A facility that is not operated or used for a period of six (6) continuous
months shall be deemed abandoned and may be removed by the City at the
owner's/operators expense.
16. Every person engaged in the business of installing antennas of any type shall
first obtain a business license therefore pursuant to Section 4-6 of the Lynwood
Municipal Code.
BUILDING AND SAFETY DIVISION
17.AII construction shall meet or exceed the minimum building standards that are
referenced in the following codes:
The Uniform Building Code - 2001 edition;
The Uniform Plumbing Code - 2001 edition;
The Uniform Mechanical Code - 2001 edition;
The National Electric Code - 2001 edition;
The Los Angeles County Fire Code - 2001 edition;
All as amended by the California Building Code 2001.
In case where the provisions of the California Building Code, the Lynwood
Municipal Code, or the plans or specifications in these plans may conflict, the
more restrictive previsions shall govern.
Section 3. A copy of the Resolution No. 3038 shall be delivered to the applicant:
Section 4. Any violation of said conditions in this Resolution may result in
revocation or modification of the Conditional Use Permit by the issuing body at a
regularly scheduled meeting.
ADOPTED AND APPROVED this 9th day of November, 2004 by members of
the Planning Commission, voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jim Morton, Chairperson
Lynwood Planning Commission
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Grant Taylor, Director
Development Services Department
Jennifer Mizrahi, Deputy City Attorney
Planning Commission Counsel
-5-
PROJECT DESCRIPTION
The proposed unmanned telecommunications facility consists of installing six (6)
antennas on an existing building. The proposed antennas will be mounted at a height of
74'-0" on the roof of the building(antenna centerline). The antennas will be painted to
match the building to blend in with the architecture. The base transceiver station (BTS)
· equipment will be located in an unutilized tenant space of the building. The proposed
design was selected because it effectively conceals the proposed wireless facility from
view by the general public.
LAND USE
The site is currently improved with a medical office building. The surrounding
neighborhood consists of primarily commercial uses. The existing zoning is
Commercial. Wireless telecommunication facilities have proven to be compatible with
all types of land uses, including commercial properties.
SITE SELECTION
This site was selected due to its strategic location and the ability to provide needed
wireless coverage for the area. The facility will provide mobile phone service for AT&T
Wireless customers in this area. This new facility benefits the community and all
customers that subscribe to this service by providing proper coverage and reducing the
number of disconnected calls that occur in this area.
The general public will benefit during emergencies such as fires, earthquakes, and other
emergency situations. Traditional telephone service is often disrupted during such
catastrophic events, but cellular communications systems often remain operational.
Mobile communications systems provide an alternate communication link for emergency
technicians (police, fire, paramedics, and building inspectors) as well as elected officials
and department managers of City public works, building and communications
departments.
COMPLIANCE WITH FCC REQUIREMENTS
The Federal Communications Commission (FCC) licenses all wireless
telecommunications facilities. The American National Standards Institute (ANSI) and
the Institute of Electrical Engineers (IEEE) establish operational safety standards for
radio frequency electromagnetic field (EMF). The FCC requires cellular ESMR and PCS
providers to comply with these ANSI and IEEE standards. According to studies and
research, there is no conclusive evidence that any negative health impacts are associated
with facilities operating below Federal standards. This wireless telecommunication
facility will operate in full compliance with all state and federal guidelines and relations
including the Telecommunications Act of 1996. Section 704 of Title 7 of the Federal
Telecommunications Act of 1996 (effective February 8, 1996) contains the following
language.
"No State of local government or instrumentality thereof may regulate the placement,
construction, and modification of personal wireless facilities on the basis if the
environmental effects of radio frequency emissions to the extent that such facilities
comply with the Commission's regulations concerning such emissions."
The proposed placement of six (6) panel antennas on an existing building will not
interfere with the surrounding properties or their uses, and will not cause interference
with any electronic equipment such as telephones, televisions, or radios. Non-
interference is ensured by the FCC regulations of radio transmissions. The FCC requires
EMF emission associated with the project to be below the established Federal standards.
The proposed project complies with all applicable standards.
Please contact me at (949) 689-7886 if you have any questions concerning this project. I
look forward to working with Staff to create a project that will benefit my client and the
City of Inglewood as a whole.
Sincerely,
Ryan Hammersmith
Zoning Specialist
Velocitel
949-689-7886
AGENDA ITEM NO. 8
('ASE N(). VAR NO. 2004-04
SPR NO. 2004-30
DATE:
TO:
FROM:
BY:
SUBIECT:
APPLICANTS: Hezi Kashanian
November 9, 2004
Honorable Chairman and Members of the Planning Commission
Grant Taylor, Director Development Services Department
Art Berfield, Planning Associate
Variance No. 2004-04 & Site Plan Review NO. 2004-30
10900 to 10930 Long Beach Boulevard
Chan Ku Eshagh Kermani
PROPOSAL:
The applicants are requesting approval of a variance to reduce minimum parking
requirements from 103 parking stall to 66, in conjunction with a 25,845 sq. ff. retail
shopping center, approved by the Site Plan Review Committee pursuant to Site Plan
Review No. 2004-30.
PROPERTY PROFTLE
The subject property is located on Long Beach Blvd. on the east side, between Elizabeth
Avenue and Norton Avenue, in the C-2A (Medium Commercial) zone. The retail center
buildings total 25,845 square feet in area. The center provides parking on-site, fronting
Long Beach Blvd. in front of the buildings.
The City Redevelopment Agency administratively approved the concept presented for
the project.
On October 28, 2004, the Site Plan Review Committee met with the applicants,
reviewed the recommended Conditions of Approval, and approved the retail center,
provided a Variance to reduce the required parking would be granted by the Planning
Commission.
-1-
DZSCUSSI'ON & ANALY~Z~
Three (3) property owners have agreed to consolidate on one (1) commercial project on
properties that total 66,000 square feet in area. The project also includes a shared
parking agreement signed and recorded with Los Angeles County. Following is a brief
summary:
10900 Long Beach Boulevard - Cut existing building in half providing a 8,142 square
foot building with 23 parking stalls.
10910 Long Beach Boulevard - Renovate interior of vacant Smart & Final Store to
create a multiple tenant retail center, 9,785 square feet in area with 37 parking stalls.
10930 Long Beach Boulevard - Demolish auto repair, auto sales and apartment building
and construct a new 7,918 square foot commercial building with 36 parking stalls.
The new commercial center will be architecturally consistent with the new shopping
center across the street.
Findinas reauired for Grantina Variance
Lynwood IVlunicipal Code Section 25-26.7 sets forth six (6) findings that the Planning
Commission must make in order to approve a variance.
The strict or literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship inconsistent
with the objectives of this chapter.
That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved which do not apply generally to other
properties in the same zone.
That strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same zone.
That the granting of the variance as conditioned will not constitute the granting
of a special privilege inconsistent with the limitations on other properties in the
vicinity classified in the same zone.
-2-
That the granting of the variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
That the granting of the variance will not adversely affect the orderly
development of the City.
Additional Findinas Reouired for Grant a Parkino Variance
Lynwood Municipal Code Section 25-26.9 sets forth three (3) additional findings the
Planning Commission must make to approve a parking variance.
a. That neither present nor anticipated future traffic volumes generated by the use
of the site or uses of sites in the vicinity reasonably require strict or literal
interpretation and enforcement of the specified regulation.
b. That the granting of the variance will not result in the parking or loading of
vehicles on public streets in such a manner as to interfere with the free flow of
traffic on the streets.
That the granting of the variance will not create a safety hazard or any other
condition inconsistent with the objectives of this chapter.
ENVZRONMENTAL ASSESSMENT
The Department of Development Services has performed an Initial Study, identified
potentially significant impacts pertaining to transportation/circulation and aesthetics and
included mitigation measures pursuant to the California Environmental Quality Act
(CEQA).
RE~:OMMENDATION
Staff respectfully recommends that the Planning Commission adopt Resolution 3039,
approving Variance No. 2004-04.
Attachments:
Location Map
Resolution 3039
Initial Study/Negative Declaration
Site Plan Review Case No. 2004-30
Plans
-3.
PRO3ECT PROFZLE
Variance No. 2004-04
Site Plan Review No. 2004-30
10900-10930 Long Beach Blvd.
~Sour~
Lynwood Municipal Code (LMC), Chapter 25-14 sets forth parking requirements; LMC
Section 25-26.7 identifies findings for granting a variance; and LMC Section 25-26.9
sets forth findings for parking variances.
Prooertv Location and size.
The subject property is located on the east side of Long Beach Boulevard, between
Norton Avenue and Elizabeth Avenue in the C-2A (Medium Commercial) zone. The
approved retail center is, approximately 25,845 square feet.
Existing.
The site is developed with two vacant buildings. The surrounding land uses are as
follows:
Subiect:
North:
South:
West:
East:
Developed
Commercial
Commercial
Commercial
Multiple family/single family residences
Land~tion
The subject property has a General Plan Designation of Commercial, and a zoning
classification of C-2A (Medium Commercial). The adjacent property designations are
as follows:
General Plan
North: Commercial
South: Commercial
West: Commercial
East: Multi-family Residential
Zoning
C-2A (Medium Commercial)
C-2A (Medium Commercial)
C-2A (Medium Commercial)
R-3 (Multiple Family Residential)
-4-
~view
The Site Plan Review Committee has reviewed this application and recommends
approval subject to conditions in Resolution 3039.
Zoning Enforcement History
None at the time of this report
None at the time of this report.
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02-121~
RESOLUTION NO. 3039
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LYNWOOD
APPROVING VARIANCE NO. 2004-04,
REDUCING MINIMUM PARKING STANDARDS
FOR PARKING STALLS, FROM 103 TO 66, FOR A
NEW SHOPPING CENTER, APPROVED UNDER
SITE PLAN REVIEW NO. 2004-30, LOCATED AT
10900 -10930 LONG BEACH BOULEVARD, CITY
OF CITY OFLYNWOOD, COUNTY OF LOS
ANGELES, IN THE C-2A (MEDIUM COMMERCIAL)
ZONE.
WHEREAS, the Lynwood Planning Commission, pursuant to law, on November
9, 2004 conducted a public hearing on the subject application; and
WHEREAS, the Planning Commission considered all public oral and written
testimony offered at the public hearing; and
WHEREAS, Development Services Department has determined that the proposal
may have potential and and/or significant impacts on the environment and have
prepared an Initial Study/Negative Decoration pursuant to provisions of the California
Environmental Act of the CEQA Guidelines as amended; and
Section 1. The Planning Commission hereby finds and determines as follows:
The strict or literal interpretation and enforcement of the specific
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objective of this chapter.
That the there are exceptional or extraordinary circumstances or
conditions applicable to the property involved which do not apply generally
to other properties in the same zone.
H:\WORDFILE~PLANNINO~RESOS~reso3039app.doc
-1-
The strict or literal interpretation and enforcement and enforcement of the
specified regulation would deprive the applicant of privileges enjoyed by
the owners of other similar properties in the same zone.
That the granting of the variance will not constitute the granting of a
special privilege inconsistent with the limitations on other properties in the
vicinity classified in the same zone.
That the granting of the variance will not detrimental to the public health,
safety, or welfare, or matrially injurious to properties or improvements in
the vicinity.
That the granting of variance will not advertversely affect the orderly
development of the City.
Section 2. The Planning Commission of the City of Lynwood, based upon the
aforementioned findings and determinations, hereby approves Variance 2004-04.
Section 3. A Copy of this resolution shall be delivered to the applicant.
APPROVED AND ADOPTED this 9th day of November, 2004, by members of
the Planning Commission, voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jim Morton, Vice Chairperson
Planning Commission
APPROVED AS TO CONTENT:
APPROVED ASTO FORM:
Grant Taylor, Director
Development Services
Jennifer Mizrahi, Deputy City Attorney
Plannning Commission Counsel
H:\WORDFILE~PLANNING~RESOS~reso3039app.doc
-3-
City o$ ], NWOOD
11330 BULLIS ROAD
LYNWOOD, CALIFORNIA 90262
(310) 603-0220
November 9, 2004
Hezi Kashanian
10910 Long Beach Boulevard
Lynwood, CA 90262
Chan Ku
10900 Long Beach Boulevard
Lynwood, CA 90262
Eshagh Kermani
10930 Long Beach Boulevard
Lynwood, CA 90262
RE:
Site Plan Review No. 2004-30
10900- 10930 Long Beach Boulevard, Lynwood
Gentlemen:
The Site Plan Review Committee has reviewed and recommended approval of your
proposal to develop a new shopping center in the C-2A (Medium Commercial) zone at
the above referenced location. The project includes altering and renovating the building
at 10900 Long Beach Beach Boulevard; rehabilitating the building at 10910 Long
Beach Boulevard; and demolishing existing buildings and constructing a new 9,785 sq.
ft. retail building at 10930 Long Beach Boulevard.
This approval is subject to the approval of Variance No. 2004-04, reducing required
parking from 103 parking spaces to 66 parking stalls; and the following conditions:
CONDITIONS OF APPROVAL
DEVELOPMENT SERVlCES DEPARTMENT
The proposed project shall comply with all regulations of the Lynwood Municipal
Code, the California Building Code, the Los Angeles County Fire Code and all
regulations of applicable City Departments.
The project shall be developed consistent with the plans approved by the Site
Plan Review Committee and on file in the Development Services Department,
Planning Division. Any proposed subsequent modification of the subject site or
structures thereon, shall be first reported to the Planning Division, for review.
3. The three (3) Applicants shall sign a Statement of Acceptance stating they have
read, understand, and agree to all the conditions stated herein before any
building permits are issued.
h:\wordfile\planning\spr\SPR2000- ] 9 c
This Site Plan Review approval shall lapse and become null and void one
hundred and eighty (180) days from the date of this letter i.e. September 30,
2004, unless all conditions of said permit are met and a building permit is issued
or substantial progress has been made toward establishing this use.
When this approval is subject to lapse it may be renewed for an additional ninety
(90) days, provided that prior to the expiration date, an application for renewal is
filed with the Planning Division.
All conditions of approval must be printed on the cover of plans submitted to the
Building and Safety Division for plan check approval.
PLANNING DIVISION
All landscaping and irrigation shall be installed in accordance with a detailed
landscape plan, which shall be submitted and approved by the Planning Division
prior to the issuance of building permits. Such landscaping plans shall include
an automatic irrigation system.
All required parking areas shall be designated, striped and have bumper guards
per the approved plan and such parking areas shall be well lighted and secure
as to prevent, mischief, loitering and the attraction of public nuisances.
There shall be no outdoor storage of materials or equipment of any kind once the
Certificate of Occupancy is issued.
10.
A proactive approach to the removal of graffiti shall be assumed at all times.
Graffiti shall be removed within twenty-four (24) hours.
11.
The Site Plan Review Committee's approval of this project will become effective
with the approval of Variance Request No. 2004-04 and the Environmental Initial
Study/Negative Declaration.
12.
A trash enclosure shall be provided on-site and be enclosed on three sides with
solid masonry wall a minimum of five feet (5') in height and have a solid, sight
obscuring door.
13.
Property owners shall execute and record an approved shared parking
agreement plan with the City of Lynwood Planning Commission and the Los
Angeles County Office of the Recorder.
h:\wordfile\planmng~spr\SPR2000-19 c
14.
15.
16.
17.
18.
The building shall consist of materials and be painted in colors that are earth
tone or neutral, except trim and architectural features may have brighter colors.
The building colors shall be subject to approved colors in the Development
Services Department, Planning Division. The applicant shall submit a sample
board of colors and materials prior to issuance of building permits.
The buildings shall be architecturally compatible with the existing retail center on
the Westside of Long Beach Boulevard between Pluma Avenue and Martin
Luther King, Jr. Boulevard.
BUILDING 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 - 2001 edition;
The Los Angeles County Fire Code - 1999 edition;
The National Electric Code - 2001 edition;
All as amended by the California Building Code of 2001.
In case where the provisions of the California Building Code, the City of Lynwood
Municipal Code, or the plans or specifications in these plans may conflict, the
more restrictive provisions shall govern.
ENVIRONMENTAL SERVICES/ENGINEERING DEPARTMENT
Dedicate the following wide strips of property along Long Beach Boulevard:
a. Three and a half (3 1/2' ) feet fronting Parcel No. 24
b. Three (3') feet fronting Parcel No. 23
c. Three (3') feet fronting Parcel No. 22 (southerly fifty (50') feet).
d. Three (3') feet fronting Parcel No. 21.
Dedicate a five (5') feet wide strip of property along Norton Avenue.
Dedicate required property and corner cut-ofFs at the southeast and northeast
corners of Long Beach Blvd. and Elizabeth Avenue and Norton Avenue,
respectfully, to accommodate a twenty - five (25') foot radius and curb ramp,
each.
h:\wordflle~planning~pr\SPR2000-19 c 3
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
Provide irrevocable offer of dedication for a five (5') foot wide strip of property
along Elizabeth Avenue.
Submit a grading plan prepared by a registered Civil Engineer. Grading plan will
be checked by the Department of Environmental Services/Engineering Division.
No building permits will be issued prior to the approval of a grading plan by the
City Engineer.
Remove and reconstruct sidewalk, curb, gutter, drive approach(es) and required
pavement along Long Beach Blvd., Elizabeth Ave., and Norton Ave. (all sidewalk
fronting proposed development is substandard).
Construct full width sidewalk on Long Beach Boulevard and Norton Avenue.
Construct new drive approach(es), per APWA standards.
Close existing drive approach(es) and construct proposed drive approach(es) per
APWA standards on Long Beach Blvd., Norton Ave. and Elizabeth Ave.
Remove and reconstruct two (2) wheelchair ramp(s) at the northeast corner of
Long Beach Blvd. and Norton Ave.; and, the southeast corner of Long Beach
Blvd. and Elizabeth Avenue.
Grind and overlay (2" min.) pavement section on east side half of Long Beach
Blvd. fronting entire development, from Elizabeth Ave. to Norton Ave.
Construct a min. three (3) foot wide planter in back of sidewalk to separate the
sidewalk from the parking lot.
Connect to public sewer. Each building shall be connected separately.
Construct laterals as necessary. Minimum size required is six (6) inch. When
connecting to an existing lateral, a City approved contractor shall verity the size
of such lateral and shall provided proof of its integrity by providing a videotape of
the lateral to the Department of Environmental Services/Engineering Division.
Install twelve (12) 24" box street tree(s) per APWA standards along development
site. Species to be determined by Environmental Services. 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.
Construct tree well covers per APWA standards for existing and proposed street
trees.
h:\wordfile\planning~spr/SPR2000-19 c 4
31.
Provide and install one (1) marbelite street pole with light fixture, underground
services and conduits: on Elizabeth Ave. and upgrade one (1) street light pole to
marbelite on Norton Ave. Exact locations shall be determined by City Engineer.
32. Underground all utilities.
33.
34.
35.
36.
37.
38.
39.
Underground existing utilities if any modifications are proposed for the electrical
service panel.
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. A licensed contractor hired by the developer shall
perform the work. The contractor must obtain a permit from the Department of
Environmental Services/Engineering Division prior to performing any work. Each
building shall have its own water service meter.
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 Environmental
Services/Engineering Division.
As part of the Congestion Management Plan Mitigation (CMP) to offset CMP
debit incurred to the City and because of the effect the proposed development
will have on the southbound traffic, the developer is required to upgrade the
existing traffic signal to a protected permissive left turn signal on Long Beach
Blvd. accessing the entrance to the Development from Norton Ave. in order to
ease traffic congestion. Traffic signal upgrade plan shall be reviewed and
approved by the City.
Widen north side of Norton Ave, fronting development by five feet (5') and
construct six feet (6') wide sidewalk. Street widening plan shall be prepared by a
registered civil engineer and reviewed and approved by the City.
h:\wordfile\planning~spr\SPR2000-19 .c 5
40.
Provide proof of recordation of a mutual access agreement among all property
owners. Buildings shall not be built across lots, which will require preparation of a
parcel map.
FIRE DEPARTMENT
41.
Submit two sets of architectural plans to the Fire Prevention Engineering offices
located at 5823 Rickenbacker Road, Commerce, CA 90040. Plans sets shall
contain a minimum of site plan, floor plan, elevations, door and window
schedules and appropriate section details. Please provide architectural sheets
only. No civil, electrical, mechanical, plumbing, etc.
42.
Indicate on plans the type of construction, building code occupancy
classification, area of each floor and building area justification.
43.
Provide a minimum unobstructed width of 28 feet, clear to the sky, vehicular
access to within 150 feet of all portions of exterior walls. The access width shall
be increased to 28 feet when proposed buildings, or portions of building, are
more than 3 stories, or more than 35 feet in height.
44.
On the site plan, show the location of all existing public fire hydrants within 300
feet of all property lines and call out the hydrant size and dimension to property
lines. Also show any existing on-site fire hydrants as well.
45.
The required fire flow for public fire hydrants at this location is
per minute at for a duration of hours.
gallons
46. Complete and return the ..... "
original Water Avadabd~ty Form No. 196 (attached).
47.
Additional requirements may be imposed, in accordance with applicable codes,
regulations, standards and policies after the above information is reviewed.
If you have any questions or concerns, please contact me at (310) 603-0220, ext. 289.
Sincerely,
Art Barfield
Planning Associate
Development Services Department
h:\wordfile\planning~spr\SPR2000-19 c 6
City of Lynwood
Community Development Department
11330 Bullis Road
Lynwood, CA 90262
(310) 603-0220, X289
NEGATIVE DECLARATION
County Clerk
County of Los Angeles
500 West Temple
Los Angeles, CA 90012
RE: Negative Declaration for Variance No. 2004-04 and Site Plan Review No. 2004-30~
develop a commercial center consisting of three (3) properties, 25,845 square feet of
building area on a lot 66,258 square feet in area. The project would include demolition,
modification, interior alteration and construction of new buildings. The project would
reduce the required minimum parking from 103 stalls to 66 stalls.
To Whom It May Concern:
Application has been filed with the City of Lynwood for approval of the project known as
Variance No. 2004-04, located at 10900 - 10930 Long Beach Boulevard within a C-2A
(Medium Commercial) zone, and to be implemented by the City of Lynwood
Development Services Department, Planning Division.
The project is briefly described as:
Variance No. 2004-04: Reduce parking from the minimum 103 stalls to 66 stalls in
conjunction with a project of three (3) properties owners creating a commercial retail
shopping center. 10900 Long Beach Boulevard - cut the existing building in half to
create a 8,142 square foot building with parking in front; 10910 Long Beach Boulevard -
renovate the interior providing multiple tenant retail spaces in a 9,785 square foot
building; demolish auto repair, auto sales and apartment to construct a new 7,918 square
foot commercial building. The project would include exterior faqade improvements to be
architecturally consistent with the new shopping center across the street. The subject
property is located 10900 - 10930 Long Beach Boulevard, on the east side of Long Beach
Boulevard bounded by Elizabeth Street to the north; Norton Avenue to the south, and
multi-family residential to the east in the C-2A (Medium Commercial) zone.
ENVIRONMENTAL ASSESSMENT: An Initial Study was performed and possible
significant impacts were identified pertaining to Transportation/Circulation, and
Aesthetics. Mitigation measures have been included in the project to reduce potentially
significant impacts to a level of insignificance.
In accordance with the authority and criteria contained in the California Environmental
Quality Act State Guidelines, and the City of Lynwood Guidelines for the implementation
of the California Environmental Quality Act, the Department of Community
Development of the City of Lynwood analyzed the project and determined that the project
will not have a significant impact on the environment. Based on this finding, the
Department prepared and hereby filed this NEGATIVE DECLARATION.
A period of twenty-one (21) working days from the date of filing of this NEGATIVE
DECLARATION was provided to enable public review of the project specifications and
this document prior to action on the project by the City of Lynwood. A copy of the
project specifications is on file in the offices of the Department of Community
Development, Planning Division, City Hall Annex, 11330 Bullis Road, Lynwood,
California, 90262 (310) 603-0220, Extension 289.
It is the finding of the City of Lynwood that the project will not have a significant effect
on the environment. The Mitigation Measures included in the attached Initial Study and
Conditions of Approval set forth in Planning Commission Resolution 2919 reduce the
impacts to insignificant levels. The above finding is based on the following:
A. The site of the project is adequate in size and shape to accommodate the project.
B. The proposed project, as conditioned, will reduce possible significant impacts to a
level of insignificance. Conditions of approval have been made a part of the
conditional use permit and will be implemented and monitored.
C. The proposed project will not have a negative impact on the value of the
surrounding properties or interfere with or endanger the health, safety or welfare
or persons residing or working in the vicinity.
D. The granting of the variance and site plan review will not adversely affect the
comprehensive General Plan.
E. The location of the project and conditions under which it would be operated are in
accord with the requirements of the Zoning Ordinance and the purpose of the zone
in which the site is located.
This Document, the Notice of Determination and Initial Study are being filed in duplicate.
Prepared and filed by:
The Development Services Department
BY:
Art Barfield, Planning Associate
DATE:
ZNITIAL STUDY
Environmental Checklist
l)
2)
3)
4)
s)
6)
7)
8)
Project TiUe:
Variance No. 2004-04
Site Plan Review No. 200,~-30
Lead Agency Name and Address:
City of Lynwood
Development Services Department, Planning Division
11330 Bullis Road
Lynwood, CA 90262
Contact Person, TiUe and Phone Number:
Art Barfield
Planning Associate
(310) 603-0220, Ext. 247
Project Location:
10900 - 10930 Long Beach Boulevard, Lynwood
Project Sponsor's Name and Address:
Chan Ku, Hezi Kashanian & Esagh Kermani
General Plan Designation:
Commercial
Zoning:
C2-A (Medium Commercial)
DescripUen of Preject: (Describe the whole action involved, including but not limited to later phases
of the project, and any secondary, support, or off-site features necessary for its implementation. Attach
additional sheets if necessary).
The project consists of three (3) property owners consolidating to develop one project on property
bounded by Elizabeth Avenue to the north; Norton Avenue to the south; Long Beach Blvd. to the west
and residences to the east. The property totals 66,258 square feet or 1.52 acres and the building would
total 25,845 square feet. Following is a brief summary:
10900 Long Beach - Cut the vacant building in half and provide parking in the front (8,1~,2 sq. ft.).
~.0910 Long Beach - interior alterations of the building for multiple tenant retail center (9,785 sq. ft.).
10930 Long Beach Blvd. - Demolish auto repair, sales lot and apartments, construct a new 7,900
commercial building (7,918).
9) Surrounding Land Uses and Setting: (Briefly describe the project's surroundings).
North: Commercial retail - (C-2A zone)
South: Commercial retail (C-2A zone)
West: Retail and auto (C-3 zone)
East: Single and Multiple Family Residential (R-3 zone)
Other agencies whose approval is required: (e.g., permits, financing approval or participation
agreement).
None
Environmental Factors Potentially Affected:
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impect" as indicated by the checklist on the following pages.
Land Use and Planning
Population and Housing
Geological Problems
Water
Air Quality
X Transportation/Circulation
Biological Resources
Energy & Mineral Resource
Hazards
Noise
Mandatory Findings of Significance
Public Services
Utilities & Service Systems
X Aesthetics
Cultural Resources
Recreation
Determination:
(To be completed by the Lead Agency.)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because the mitigation measures described on
an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared.
I find that the proposed project HAY have a significant effect on the environment, and an
ENVIRON[VlENTAL IMPACT REPORT is required.
! find that the proposed project MAY have a significant effect on the environment, but at least
one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "potentially significant impact" or "potentially
significant unless mitigated." An ENWRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
there WILL NOT be a significant effect in this case because all potentially significant effects
(a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and
(b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or
mitigation measures that are imposed upon the proposed project.
Signature Date
ART BARFIELD, PLANNING ASSOCIATE
CITY OF LYNWOOD
Printed Name/Title For
Evaluation of Environmental Zmpacts:
1)
A brief explanation is required for all answers except "No Impact" answers that are adequately supported
by the information sources a lead agency cites in the parenthesis following each question. A "No Impact"
answer if adequately supported if the referenced information sources show that the impact simply does
not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No
Impact" answer should be explained where it is based on project-specific screening analysis).
2)
All answers must take account of the whole action involved, including off-site as well as on-site,
cumulative as well as project-level, indirect as well as direct, and construction as well as operational
impacts.
3)
"Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant.
If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR
is required.
4)
"Potentially Significant Unless Mitigated Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact."
The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to
a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-
referenced).
5)
6)
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an
effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D).
Earlier analyses are discussed in Section XVII at the end of the checklist.
Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside
document should, where appropriate, include a reference to the page or pages where the statement is
substantiated. A source list should be attached, and other sources used or individuals contacted should
be cited in the discussion.
PotenUally
Significant
PotenUally Unless Less Than
Significant MiUgaUon Significant No
~mpact ~ncorporated Zmpact Zmpact
issues (and Supporting ZnformaUon Sources):
Would the proposal result in potential impacts involving:
LAND USE AND pLANNTNG. Would the proposal:
a)
Conflict with general plan designation or
zoning? (Source(s): )
b)
Conflict with applicable environmental plans
or policies adopted by agendes with jurisdiction
over the project? ( )
c)
Be incompatible with existing land use in
the vicinity? ( )
d)
Affect agricultural resources or operations
(e.g., impacts to soils or farmlands, or impacts
from incompatible land uses)? ( )
e)
Disrupt or divide the physical arrangement of
an established community (induding a Iow
income or minodty community)? ( )
POPULATION AND HOUSZNG. Would the proposal:
a)
b)
c)
Cumulatively exceed official regional or local
population projections? ( )
Induce substantial growth in an area either
directly or indirectly (e.g., through projects in
an undeveloped area or extension of major
infrastructure)? ( )
Displace existing housing, espoaally affordable
housing? ( )
III.
GEOLOGZC PROBLEHS. Would the proposal result
in or expose people to potent[al impacts involving:
a) Fault rupture? ( )
b) Seismic ground shaking? ( )
PotenUally
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Zncorporated Zmpact Impact
c)
d)
e)
f)
g)
h)
i)
WATER.
a)
Discussion:
There are no active fault zones in the vicinity of the subject property. However, earthquakes of large magnitude could
create seismic ground shaking. The project is a 2-story building that would be engineered and to withstand potential
earthquake hazards as well as wind bearing and weight loads per the California Building Code.
Seismic ground failure? ( ) XX
Seiche, tsunami, or volcanic hazard? ( ) XX
Landslides or mudflows? ( ) XX
Erosion, changes in topography or unstable soil XX
conditions from excavation, grading, or fill? ( )
Subsidence of the land? ( ) XX
Expansive softs? ( ) )o(
Unique geologic or physical features? ( ) XX
Would the proposal result in:
Changes in absurption rates, drainage patterns, XX
or the rate and amount of sun~aco runoff? ( )
b)
c)
d)
e)
g)
h)
Discussion:
Construction of the building may alter drainage patterns, however, an existing concrete pad would remain and the new
building constructed on top of the pad. The City will require detailed grading and drainage plans to be plan checked, a
permit obtained and inspections.
Exposure of people or property to water
related hazards such as flooding? ( )
Discharge into sun'ace waters or other alteration __
of surface water quality (e.g., temporatore,
dissolved oxygen or turbidity)? ( )
Changes in the amount of surface water in
any water body? ( )
Changes in currents, or the course or direction
of water movements? ( )
Change in the quantity of ground waters, either
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations, or through substantial loss of
groundwater recharge capability? ( )
Altered direction or rate of flow of groundwater? __
Impacts to groundwater quality? ( )
Potentially
Significant
Zmpact
Potentially
Significant
Unless
HiUgaUon
Zncoq~orated
Less Than
Significant
Zmpact
No
Impact
i) Substantial reduction in the amount of
groundwater otherwise available for
public water supplies? ( )
A[R(~JAL_rTy. Would the proposal:
a) Violate any air quality standard or contribute to
an existing or projected air quality violation? (
b) Expose sensitive receptors to pollutants? ( )
c) Alter air movement, moisture, or temperature,
or cause any change in climate? ( )
d) Create objectionable odors? ( )
TRAN SPORTATI'ON/Ct RCU LATJON.
Would the proposal result in:
a) Xncreasod vehicle ~ps or traffic congestion? 0
b)
c)
d)
e)
0
Discussion:
25,800 square foot r~tail building area would create additional vehicular movement and traffic along within the existing
commercial area. In addition, streets servicing the new business and shopping center would be impacted to include Long
Beach Boulevard, Martin Luther King Jr. Boulevard, Norton Avenue, and Elizabeth Street. The property is adequate in size
to provide required vehicle access, and provide sixty-six (66) perking stalls. Most traffic would come from Long Beach
Boulevard that is a main artedal and wide enough to accommodate the vehicle trips. The building at 10900 Long Beach
Boulevard currenUy has no parking and will be reduced 50% for parking. In addition, the former car lot and apartments
at 10930 Long Beach Boulevard had little parking and the new commercial building provides adequate parking.
Hazards to safety from design features (e.g.,
sharp curves or dangerous intersection) or
incompatible uses (e.g., farm equipment)? (
Inadequate emergency access or access
to nearby uses? ( )
Insufficient parking capacity on-site or off-site?
Hazards or barriers for pedestrians or bicyclists? __
Conflicts with adopted polides supporting
altemaUve transportation (e.g., bus turnouts,
bicycle racks)? ( )
g) Rail, waterborne or air traffic impacts? ( )
BZOLOGZCAL RESOURCES.
Would the proposal result in impacts to:
a) Endangered, threatened, or rare species or their
habitats (including but not limited to plants, fish,
insects, animals, and birds)? ( )
b) Locally designated species (e.g., heritage trees)? __
c) Locally designated natural communities
(e.g., oak forest, coastal habitat, etc.)?( )
VZZZ.
XT.
PotenUally
Significant
Impact
potenUally
Significant
Unless
MiUgaUon
Incorporated
Less Than
Significant
Impact
No
d)
Wetland habitat (e.g., marsh, riparian, and
vernal pool)? ( )
e) Wildlife dispersal or migration corridors? ( )
ENERGY AND MTNERAL RESOURCES,
WouJd the proposal:
a) Conflict with adopted energy conservation plans?
b) Use non-renewable resources in a wasteful and
inefficient manner? ( )
c) Result in the loss of availability of a known
mineral resource that would be of future value
to the region and the residents of the State? ( )
HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of
hazardous substances (including, but not limited
to: oil, pesticides, chemicals, or radiation? ( )
b)
c)
d)
e)
NOZSE.
a)
Discussion:
Dudng construction hazardous materials to [ndude pet~oJeum products, solvents and cleaners would be used. Regular
inspections of the property, building and activities would be performed by City staff.
Possible interference with an emergency response __ XX
Plan or emergency evacuation plan? ( )
The creation of any health hazard or XX
potential health hazard? ( )
Exposure of people to existing sources
of potential health hazards? ( )
Increased fire hazard in areas with flammable X)(
brush, grass, or trees? ( )
Would the proposal result in:
Increases in existing noise levels? ( ) )0(
Discussion:
Construction aCdvities would raise noise levels in the short term. Days and hours of construction would be limited to
protect adjacent properties. The new commerciaJ retell business may increase noise levels but not significantly. The
subject property is a commercial center and the impact from a new building would be less than significant.
b) Exposure of people to severe noise levels? ( ) XX
PUBLZC SERVZCE$. Would the proposal have an
effect upon, or result in a need fur new or altered
government services in any of the folJowing areas:
a) Fire protection7 ( ) XX
XX
b) Police protection? (
XlI.
XI%%.
c)
d)
e)
Potentially
Significant
PotenUally Unless Less than
Significant MiUgaUon Significant No
~mpact Tncorporated ~mpact Impact
Schools? ( )
Maintenance of public fadlities, including roads?
Other govemmental services? ( )
Discussion:
The project would conver~ vacant and underutilized properMes into a vibrant commercial shopping center thereby
potentially increasing government services. The City of Lynwoeq has adequate resources for street maintenance and
other applicable services.
UT~I.I"I'%ES AND SERVICE SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substanMal alteraMons to the following utilizes:
a)
b)
c)
Power or natural gas? ( )
Communications systems? ( )
Local or regional water treatment or
distribution facilities? ( )
d) Storm water drainage? ( )
e) Solid waste disposal? ( )
f) Local or regional water supplies? ( )
AE~rHET~CS. Would the proposal:
a)
b)
a) Disturb paleontology resources? ( ) XX
b) Disturb archaeological resources? ( ) XX
c) Affect historical resources? ( ) XX
d) Have the potential to cause a physical change XX
that would aff~t unique ethnic cultural values?
d) Restdct existing religious or sacred uses within XX
the potential impact area? ( )
Affect a scenic vista or scenic highway? ( )
Have a demonstrable negative aesthetic effect? )O(
Discussion:
The new commercial center would consist of one-story buildings and the exterior facades renovated to be architecturally
consistent with the new shopping center across the street.
c) Create light or glare? ( ) XX
Discussion:
The new 25,800 square foot retail buildings would create additional light and glare. Exterior lighting would be shielded
and directed away from adjacent properties.
CULTURAL RESOURCES. Would the proposal:
RECREATION. Would the proposal:
Potentially
Significant
Impact
Potentially
Significant
Unless
MitigaUon
Incorporated
Less Than
Significant
Zmpact
No
Impact
a)
Increase the demand for neighborhood or
regional parks or other recreational facilities? ( )
b) Affect existing recreational opportunities? ( )
XVX. MANDATORY FXNDINGS OF SIGNIFXCANCE.
a)
Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a plant
or animal community, reduce the number or restrict
the range of a rare or endangered plant or animal,
or eliminate important examples of the major
pedods of California history or prehistory?
b)
Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals?
c)
Does the project have impacts that are
individually limited, but cumulatively considerable?
('Cumulatively considerable" means that the
incremental effec'cs of a project are considerable
when viewed in connection with the effects of past
proj~ts, the effects of other current projects,
and the effects of probable future projects.)
d)
Does the project have environmental effects
which will cause substantial adverse affects
on human beings, either directly or indirectly?
EARL]ER ANALYSTS.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or
more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c}(3)(D). Tn this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within
the scope of and adequately analyzed in an earlier document pursuant to applicable legal
standards, and state whether such effects were addressed by mitigation measures based on the
earlier analysis.
c) HiUgation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document
and the extent to which they address site-specific conditions for the project.
Authority: Public Resources Code Sections 21083 and 21087.
AGENI)A ITEM NO. 9
('ASE NO. CUP NO. 2004-32
DATE:
November 9, 2004
TO:
Honorable Chair and Members of the Planning Commission
FROM:
BY:
Grant Taylor, Director of Development Services
.lonathan Colin, Business License Manager
SUBIECT:
CONDTTIONAL USE PERMI~T NO. 2004-32
11040 Louise Avenue
Assessor Parcel Number 6194-028~014
APPL*rCANT: Manuel Carrillo
PROPOSAL
The applicant is requesting approval to construct a second single-family residence, one-
story in height, and an attached 3-car garage. The property is a through lot with the
existing residence facing Louise Avenue and the rear of the lot where the new unit
would be constructed faces Wright Road.
BACKGROUND
The subject property is an irregular shaped through lot located at 11040 Louise Avenue,
on the east side of Louise Avenue, and west of Wright Road, and North of EImwood
Avenue, Assessor Parcel Number 6194-028-014, in the R-3 (Multiple-Family Residential)
zone. The parcel totals 7,475 square feet in area. At present, there is an existing 1,220'
one-story residence with an attached one-car garage, which will not be removed.
ANALYSZS & DISCUSSt'ON
The Lynwood Municipal Code (LMC) requires multiple family residential developments in
R-3 zones to obtain approval of a conditional use permit. The project is consistent with
both the General Plan designation of Multi-Family Residential and the R-3 zoning for the
property. The site has a General Plan designation of Multi-family Residential allowing 18
units per acre or I unit per 2,420 square feet of property. The parcel totals 7,475
square feet and could accommodate a maximum of three (3) residences.
The site plan indicates a minimum 17'-0" front yard setback that increases to 33'-6"
with access provided by a :LO foot driveway on the north property line. Landscaping
exceeds the minimum thirty-five percent (35%) standard.
The floor plan for the proposed structure indicates the residence will provide 1080'
square feet of livable area consisting of three bedrooms, two bathrooms, kitchen, dining
and living room. The garages are attached and total 600 square feet each.
The elevations indicate the one-story structure that totals 14'-6" in height to the roof
point and consists of stucco siding, and ARC 80/Spanish Tile.
Lynwood Municipal Code Section 25-25.7 sets forth four (4) findings the Planning
Commission must make in order to grant a conditional use permit. Following are the
findings in bold, and staff responses.
Am
The granting of the proposed conditional use permit will not adversely
affect the comprehensive General Plan.
The General Plan Designation for the subject property is Multi-Family Residences
that is consistent with the R-3 zoning designation. The project is consistent with
the General Plan policies and goals in the Land Use and Housing Elements.
That the proposed location of the conditional use is in accord with the
objectives of this chapter and the purpose of the zone in which the site
is located.
The project would be consistent with the R-3 zone pertaining to density and
would satisfy all development standards to include but not be limited to setbacks,
building height, landscaping and parking.
Cm
That the proposed location of the conditional use and the conditions
under which it would be operated or maintained will not be detrimental
to the public health~ safety, or welfare, or materially injurious to
properties or improvements in the vicinity.
Approval of the conditional use permit is permitted pursuant to Section 25-4 of
the Lynwood Municipal Code. The project would provide new housing and assist
the City's fair share of regional housing (RHNA) set forth by the State.
Conditions of approval set forth in Resolution 3040 would mitigate potential
impacts to a level of insignificance.
That the proposed conditional use will comply with each of the
applicable provisions of this chapter~ except for approved variances.
The project would comply with all development standards set forth in the LMC.
No variances are necessary.
ENVZRONMENTAL REVIEW
The Development Services Department has determined that the project is categorically
exempt from the provisions of the California Environmental Quality Act (CEQA)
guidelines pursuant to Sections 15303(a).
RECOMMENDATt'ON
Staff recommends that the Planning Commission adopt Resolution 3040 approving
Conditional Use Permit No. 2004-32.
Attachments:
2.
3.
4.
5.
Project Profile
Location Map
Vicinity Map
Resolution 3040
Plans (Site, floor and elevations)
PRO3ECT PROFI'LE
Conditional Use Permit No. 2004-32
11040 Louise Avenue
Assessor Parcel Number 6194-028-014
Source and Authority
Lynwood Municipal Code (LMC) Section 25-4.2(a) sets forth permitted uses in
residential zones; LMC Section 25-4.5 sets forth development standards in
residential zones and LMC Section 25-25.7 sets forth findings approval of a
Conditional Use Permit.
Property Location and Size
The subject property is located at 11040 Louise Avenue, on the east side of
Louise Avenue, west side of Wright Road, and North of Elmwood Avenue,
Assessor Parcel Number 6194-028-014, in the R-3 (Multi-Family Residential)
zone. The property measures 7,475 square feet and is developed with a 1,220
square foot residence. At present, there is an existing one-story residence that
will not be demolished and a currently existing attached one-car that will also not
be removed.
Existinq Land Uses
Site
North:
South:
West:
East:
Developed
Single and Multi-Family Residential
Single and Multi-Family Residential
Single and Multi-Family Residential
Single and Multi-Family Residential
Land Use Designation
The subject parcels have a General Plan Designation of Multi-Family Residential
that is consistent with the R-3 (Multi-Family Residential) zoning. The adjacent
properties General Plan and Zoning designations are as follows:
o
Site
General Plan
Zoninq
North:
South:
West:
East:
Multi-Family Residential
Multi-Family Residential
Multi-Family Residential
Industrial
Site Plan Review
R-3 (Multi-Family Residential)
R-3 (Multi-Family Residential)
R-3 (Multi-Family Residential)
F1 (Manufacturing)
The Site Plan Review Committee has reviewed the project and recommended
approval subject to conditions of approval set forth in Resolution 3040.
Code Enforcement History
No code enforcement case to date.
Public Response
None of record at the time of this report.
LOCATION MAP
Case No.
Site Address:
Applicant Name:
[ X ] 300'or[
CUP NO 2004-32
11040 Louise Avenue
Manuel Carrillo
] 500' Radius Map
a,,,¥ P.~Oue3s Sue Ave
RESOLUTION NO. 3040
A RESOLUTi'ON OF THE PLANNI~NG COMPlI'SSI'ON OF
THE CTTY OF LYNWOOD APPROVZNG CONDI'TTONAL
USE PERt41'T NO. 2004-32~ TO CONSTRUCT ONE
AI-rACHED RESIDENCE~ ONE-STORY ZN HEi'GHT AND
ONE (1) ATrACHED THREE-CAR GARAGE~ LOCATED
AT 11040 LOUTSE AVENUE~ I'N THE R-3 ([flULTI'-
FAI~ITLY RESTDENTZAL) ZONE~ FURTHER DESCRI'BED
AS ASSESSOR PARCEL NUMBER 6194-028-014~ Ci'TY
OF LYNWOOD~ COUNTY OF LOS ANGELES~ STATE OF
CALI'FORNZA.
WHEREAS, the Lynwood Planning Commission, pursuant to law, on November 9,
2004 conducted a public hearing on Conditional Use Permit No. 2004-32; and
WHEREAS, the Lynwood Planning Commission considered all oral and written
testimony offered at the public hearing; and
WHEREAS, the Development Services Department has determined that the
proposal is Categorically Exempt from the California Environmental Qualify Act (CEQA)
pursuant to Section 15303(a), therefore;
Section 1. The Planning Commission of the City of Lynwood hereby finds and
determines as follows:
The granting of the proposed conditional use permit will not adversely affect
the comprehensive General Plan. The zoning is R-3 (Multi-Family
Residential) and is consistent with the General Plan designation of Multi-
Family Residential.
That the proposed location of the conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the zone in which
the site in located. The subject property is located in the R-3 zone and is
sufficient in size and shape to accommodate three (3) residences and
satisfy all applicable development standards.
That the proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the
public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity. Conditions of approval have been included in
the project pursuant to Resolution 3040 to mitigate potential impacts to a
level of insignificance.
That the proposed conditional use will comply with each of the applicable
provisions of Chapter 25 of the Lynwood Municipal Code except for
approved variances. The project will comply with all development standards
set forth in LMC Section 25-4.
Section 2. The Planning Commission of the City of Lynwood hereby approves
Conditional Use Permit No. 2004-32, subject to all conditions, restrictions and limitations
set forth as follows:
CONDTTTONS OF APPROVAL
DEVELOPMENT SERVZCES DEPARTMENT
The conditional use must be acted upon within 180 days of approval. The
Conditional Use Permit shall become null and void 180 days from the date
of approval if not acted on within this period. One extension of 90 days
may be granted if the extension is requested in writing prior to the end of
the valid period, at the discretion of the Development Services
Department.
The project shall comply with all regulations and standards set forth in the
Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire
Code and all other City Departments.
The project shall be developed in accordance with plans approved by the Lynwood
Planning Commission and on file in the Development Services Department,
Planning Division.
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 property owner shall sign a Statement of Acceptance stating that he/she has
read, understands, and agrees to all conditions of this resolution prior to issuance
of building permits.
2
6. Conditions of approval shall be printed on plans prior to submission to the Building
and Safety Division for plan check.
PLANNI~NG DI'VI'SI'ON
7. The project shall provide on 3-car garage. Such garage shall remain unobstructed
and available for vehicle parking at all times.
8. All driveways shall be permanently paved, maintained and remain clear and
accessible for vehicle access at all times. Driveway must be widened to reflect 12'.
Landscaped areas shall consist of a minimum of thirty-five (35%) percent of the
gross lot area. The required front, rear, and side yards shall be landscaped and
shall consist predominately of plant materials except for necessary walks, drives
and fences. Landscaping and permanent irrigation systems shall be installed in
the front yard setback area in accordance with detailed plans to be submitted and
approved by the Planning Division prior to issuance of any building permits.
10.
A six (6') foot high solid and sight-obscuring fence shall be installed around the
perimeter of the property, except within the twenty-foot (20') front yard setback
area. Front yard fences shall not exceed four feet (4') in height and may be
constructed of wrought iron or wrought iron with block pilasters.
11. Prior to the issuance of building permits, the developer shall pay $2.24 per square
foot to the Lynwood Unified School District.
12. Acoustical construction materials shall be used throughout the units to mitigate
exterior noise to the standards and satisfaction of the Building and Safety Division.
13. The roof shall be constructed with a non-reflective material of concrete tile,
Spanish tile, ARC 80 or equivalent subject to review by the Planning Commission.
14.
Air conditioners, heating, cooling ventilation equipment, swimming pool pumps and
heaters and all other mechanical devices shall be located within the rear yard or
side yards. Such equipment shall be screened from surrounding properties and
streets and operated so that they do not disturb the peace, quiet and comfort of
neighboring residents, in accordance with the City's Noise Ordinance.
15.
The property owner shall maintain a pro-active approach to the elimination of
graffiti from the structures, fences and accessory buildings, on a daily basis.
Graffiti shall be removed within twenty-four (24) hours.
3
16. The applicant shall trim tree in front yard.
17. The applicant must obtain permits for security doors and bars.
18.
19.
20.
21.
22.
New structures shall consist of colors reviewed and approved by the Development
Services, Planning Division.
ENV~'RONMENTAL SERVt'CES/ENG]'NEER~'NG DEPARTMENT
Submit a grading plan prepared and signed by a registered Civil Engineer, Property
is located within the 100 year flood level zone per boundary map. Also conform to
all applicable codes per section 12 1/2 of Lynwood Municipal Code. Building above
flood level will require substantial amount of fill, therefore, suggest alternative
methods of design to minimize amount of livable space at ground level.
Submit a grading plan prepared and signed by a registered Civil Engineer. Grading
plan will be checked by the Department of Environmental Services. No building
permits will be issued prior to the approval of grading plan by the City Engineer.
Reconstruct damaged sidewalk along Wright Road.
Construct new drive approach(es) per APWA standards along Wright Road.
23.
Connect to public sewer. Each building shall be connected separately. Construct
laterals as necessary. Minimum size required is six inches (6"). When connecting
to an existing lateral, a City approved contractor shall verify the size of such lateral
and shall provide proof of its integrity by providing a video tape of the lateral to
the Department of Environmental Services/Engineering Division.
24. Upgrade existing street metal pole with light fixture, underground services and
conduits. Exact location shall be determined by the City Engineer.
25. Underground all new utilities.
26. A permit from the Engineering Division is required for all off-site improvements.
27. 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
28.
Public Works/Engineering Division prior to performing any work. Each building
shall have its own water meter.
Install one (1) 24" box street tree(s) per APWA standards along Wright Road.
Species shall be determined by Environmental Services. A permit to install the
trees is required by the Engineering Division. The exact location of the trees will be
determined at the time the permit is issued.
29.
30.
BUILDI'NG AND SAFETY Di'VtSION
All construction shall meet or exceed the minimum building standards that are
referenced in the following codes.
The Uniform Building Code - 2001 edition;
The Uniform Plumbing Code - 2001 edition;
The Uniform Mechanical Code - 2001 edition
The Los Angeles County Fire Code - 1999 edition;
The National Electric Code - 2001 edition;
All as amended by the California Building Code of 2001.
Tn 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.
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.
Section 3. A copy of Resolution 3040 shall be delivered to the applicant.
APPROVED AND ADOPTED this 9 day of November, 2004, by members of the
Lynwood Planning Commission, voting as follows:
AYES:
NOES:
ABSENT:
ABSTAZN:
APPROVED AS TO CONTENT:
Grant Taylor, Director
Development Services Department
Jim Morton, Chairman
Lynwood Planning Commission
APPROVED ASTO FORM:
Jennifer Mizrahi, Deputy City Attorney
Planning Commission Counsel
AGENDA ITEM NO. l0
CASE NO. CUP NO. 200.1-33
TTM NO. 2004-06
ZC NO. 2004-04
VAR NO. 2004-05
DATE:
TO:
FROM:
SUBJECT:
November 9, 2004
Honorable Chair and Members of the Planning Commission
Grant Taylor, Director of Development Services
CONDITIONAL USE PERMIT NO. 2004-33. TENTATIVE TRACT
MAP NO. 2004-06 (62163~. ZONE CHANGE NO. 2004-04 AND
VARIANCE NO. 2004-05
South side of Fernwood Avenue, north of the 1-105 (Century)
Freeway between Bums Road and Atlantic Avenue
Assessor Parcel Number 6174-001-900-901 & 6189-012-902-908
APPLICANT: Hermelio Franco
PROPOSAL
The applicant is requesting approval to construct thirty-nine (39) single-family
residential dwelling units, two-stories in height, with attached two-car garages and
construct seven (7) common lots (pocket parks) on excess Caltrans property. The
project area consists of three (3) vacant parcels totaling approximately 176,500 square
feet or 4.05 acres in area. The project requires four (4) discretionary approvals and
environmental review as follows:
· Conditional Use Permit No. 2004-33: Construct thirty-nine (39) detached
residences, two-stories in height, with attached two-car garages; and
· Tentative Tract Mao No. 2004-06 (62163~: Subdivide three (3) parcels into forty-
seven (47) lots; and
· Zone Change No. 2004-04: Change the zoning from "No Zone" to PRD (Planned
Residential Development); and
· Variance No. 2003-05: Reduce minimum street side yard setback from ten-feet
(109 to seven feet (79, and reduce lot sizes to less than 3,500 square feet; and
· Environmental Review: An Initial Study was performed and identified potential
significant impacts. Mitigation measures have been incorporated into the project
that would reduce potential impacts to a level of insignificance. A Negative
Declaration has been prepared.
ANALYSZS & DZSCUSSZON
The project proposes the construction of thirty-nine (39) detached single-family
residences, two-stories in height, with attached two-car garages. The lots are shallow
in depth varying from forty feet (40') to fifty feet (50'). The residences will be
developed facing each other and dual driveways in a T-shape would provide access
from Fernwood Avenue. The driveways would be ten-feet in width and provide twenty-
six feet (26') backup area. Fernwood Avenue would be the street side yard setback and
the base of the Caltrans embankment would be the interior side yard. The rear and
street side yards would have solid block walls, six-feet (6') in height, for private open
space area. The street side and front yard setbacks would have block and iron fencing
four-feet (4') in height. Interior side yard would have solid sight-obscuring fencing.
The lot sizes range in size from 3,178 to 3,894 square feet. The applicant will project
will include five (5) residences for Iow and moderate income persons.
The Lynwood Municipal Code permits a maximum of eighteen (18) residences per acre
or one (1) residence per 2,420 square feet of gross property area. The project site is
sufficient in size to accommodate a maximum of seventy-three (73) residences.
The floor plans are the same for each lot, just reversed. The floor plans indicate four
(4) bedrooms and 2 1/2 baths with common areas on the ground floor and sleeping
areas upstairs. The residences would consist of 1,012 square feet on the first floor and
1,307 square feet on the second floor, totaling 2,319 of living area and 400 square foot
two-car garages. Garages a common areas would be on the first floor with bedrooms
and full bathrooms on the second floor.
The elevations indicate two-story residences, twenty-three feet (23') in height from
grade to top of roofline, with stucco siding and concrete tile roofs. The front yard
(east) and street side yard (north) elevations have architectural amenities to include
varying building lines, decorative entry ways, window accents, and aesthetically
attractive landscaping.
DZ~CUSSZON -VARtANCE
The Lynwood Municipal Code requires a minimum street side yard setback of ten-feet
(10') in the PRD (Planned Residential Development) zone. The residences propose
seven feet (7'). The private property actually has twelve-foot setbacks, however, a
five-foot (5') sidewalk is required. The LMC requires 3,500 square foot minimum lot
sizes in the PRD zone. Thirteen (13) of the parcels total less than 3,500 square feet.
Because the parcels are long and linear, it would be extremely difficult to satisfy
setback requirements without substantially reducing the number of residences and
reducing floor areas.
Six (6) findings are required for the Planning Commission to approve a Variance
pursuant to Lynwood Municipal Code Section 25-26.7. Following are the findings in
bold and staff responses.
The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this chapter.
The subject property is a long and narrow with shallow lot depths. Satisfying
setback requirements would be nearly impossible without substantially reducing
the number of units and floor area.
That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved which do not apply
generally to other properties in the same zone.
Many properties in the vicinity are square or rectangular in shape that makes
meeting setback standards much easier. The subject properties are shallow
which makes mandatory setbacks nearly impossible to satisfy without making the
project financially infeasible by reducing lots and floor area.
That strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone.
A substantial number of multi-family residential properties do not meet setback
standards. The applicant satisfies all setbacks except for the street side yard. A
number of residences do not satisfy minimum lot sizes.
That the granting of the variance as conditioned will not constitute the
granting of a special privilege inconsistent with the limitations on other
properties in the vicinity classified in the same zone.
The project is consistent with other projects in multi-family residential zones.
The applicant designed the project to satisfy development standards to the
maximum extent possible without substantially decreasing unit and floor area.
That the granting of the variance will not be detrimental to the public,
health, safety, or general welfare, or materially injurious to properties
or improvements in the vicinity.
Staff performed an Initial Study in compliance with the California Environmental
Quality Act (CEQA) and determined the project may have potentially significant
impacts. Conditions or approval and mitigation measures have been included in
the project to reduce potential impacts to a level of insignificance. A Mitigated
Negative Declaration was prepared.
That the granting of the variance will not adversely affect the orderly
development of the City.
The project is consistent with the General Plan Land Use Map and satisfies goals
and policies set forth in the Land Use and Housing Elements, The variances will
have minimal impact on properties in the vicinity.
DI~I;~ISSION - ZONE CHANGE
There is no existing zoning as the project area is excess Caltrans parcels. The project
proposes to change the zoning form "No Zone" to PRD (Planned Residential
Development) that is consistent with the Lynwood General Plan. The project complies
with the intent and the majority of development standards of the PRD zone
DISCUSSION - TENTATTVE TRACT MAP
The project proposes subdividing three (3) vacant parcels into forty-seven (47) lots.
The extra lot would be for the existing electrical substation located between Muriel
Drive and Harris Avenue. The subdivision map would be in compliance with the State
Subdivision Map Act and Chapter 24 of the Lynwood Municipal Code. The subdivision
map would be checked by the City of Lynwood Department of Environmental Services
and conditions of approval are set forth in Resolution 3042.
DTSCUSSZON - CONDZTIONAL USE PERMIT
The applicant is proposing to construct thirty-nJne (39) detached single-family
residences, two-stories in height, with attached 2-car garages. The Lynwood Municipal
Code requires all multiple family residential properties to obtain approval of a
conditional use permit. Conditions of approval are set forth in Resolution 304~.. A
number of off-site improvements are required to mitigate impacts of the project and
reduce the financial burden on City taxpayer's. Staff is also requesting traffic and
hydrology studies.
Lynwood Municipal Code Section 25-25.7 sets forth four (4) findings the Planning
Commission must make in order to grant a conditional use permit. Following are the
findings in bold, and staff responses.
The granting of the proposed conditional use permit will not adversely
affect the comprehensive General Plan.
The General Plan Designation is Multi-Family Residential. The project is
consistent with the PRD zoning designation and consistent with the General Plan
Land Use Map and policies and goals in the Land Use and Housing Elements.
That the proposed location of the conditional use is in accord with the
objectives of this chapter and the purpose of the zone in which the site
is located.
The project would be consistent with the General Plan goals and policies and the
PRD zone, Development standards would be satisfied the maximum extent
except the street side yard setbacks and lot sizes,
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.
The project may have potentially significant impacts on the environment.
Conditions of approval and mitigation measures are incorporated into the project
to reduce potential significant impacts to a level of insignificance.
That the proposed conditional use will comply with each of the
applicable provisions of this chapter, except for approved variances.
The project would comply with most development standards except street side
yard setbacks and lot sizes. Findings set forth in Lynwood Municipal Code
Section 25-26.7 can be made to approve a variance,
ENVTRONIqENTAL REVTEW
The Development Services Department performed an Initial Study and has determined
that the project may have potentially significant impacts pertaining to geology, water,
air quality, transportation/circulation, noise and aesthetics. Mitigation measures and
conditions of approval have been incorporated into the project that would reduce
potential impacts to a level of insignificance. A Mitigated Negative Declaration was
prepared.
RE¢0f4 f4 EN DAT~0N
Staff recommends that the Planning Commission approve the project pursuant to the
following actions:
· Certify the Mitigated Negative Declaration
· Adopt Resolution 3043 approving Zone Change No. 2004-04 and recommend the
City Council approve an ordinance changing the zone from "No Zone" to PRD;
· Adopt Resolution 3044 approving Variance No. 2004-05;
· Adopt Resolution 3042 approving Tentative Tract Map No. 2004-06 (62163);
· Adopt Resolution 3041 approving Conditional Use Permit No. 2004-33.
If the Planning Commission elects to deny the project, or the applicant does not agree
to comply with conditions of approval, staff recommends that the Planning Commission
adopt Resolution 3043 denying Zone Change No. 2004-04. If the zone change is
denied, all other zoning entitlements would become moot.
Attachments:
2.
3.
4.
5.
6.
7.
8.
9.
Project Profile
Location Map
Resolution 3043 - Zone Change No. 2004-04 - Deny
Resolution 3043 - Zone Change No. 2004-04 - Approve
Resolution 3044 - Variance No. 2004-05
Resolution 3042 - Tentative Tract Map No. 2004-06 (62163)
Resolution 3041 - Conditional Use Permit No. 2004-33
Initial Study/Mitigated Negative Declaration
Plans
PRO3ECT PROFZLE
CUP 2004-33~ TTt4 2004'06~ VAR 2004'0S AND ZC 2004-04
South side Fernwood Ave., north of Z-Z05, between BullJs Rd. & Atlantic Ave.
Assessor Parcel Numbers 6174-00Z-900-901 & 6Z89-0Z2-902-908
1. Source and Authority
Lynwood Municipal Code (LMC) Section 25-4.2(a) sets forth permitted uses in
residential zones; LMC Section 25-25.7 sets forth findings approval of a
Conditional Use Permit; LMC Section 25-26.7 sets forth findings to grant a
variance; LMC Chapter 24 regulates subdivisions; and LMC Section 25-27 sets
forth procedures for Zone Changes.
2. Property Location and Size
The subject property consists of three (3) vacant lots totaling approximately
176,500 square feet in area. The project proposes thirty-nine (39) detached
single-family residences, two-stories in height, two-car garages, with four (4)
bedrooms and 2 1/2 baths. Seven (7) pocket parks would also be developed.
3. Existing Land Uses
Site
North:
South:
West:
East:
Develooed
Fernwood Avenue then Single and Multi-Family Residential
1-105 (Century) Freeway
Bullis Road then vacant excess Caltrans parcels
Atlantic Avenue then vacant commercial
4. Land Use Designation
The subject property has a General Plan Designation of Multi-Family Residential,
there is no current zoning designation. The adjoining properties General Plan
and Zoning designations are as follows:
Site
North:
South:
West:
East:
General Plan
Single and Multi-Family Res.
Transportation
Multi-Family Residential
Commercial
Zoning
R-1 and R-3
No Zone
R-3 (Multiple-Family Res.)
C-3 (Heavy Commercial)
Site Plan Review
The Site Plan Review Committee has reviewed the project and recommended
approval subject to conditions set forth in Resolutions 3041 and 3042,
Code Enforcement Historv
No history of code violations.
Public Resoonse
None at the time of this report,
H :\WORDFI LE~PLANNE'qG\STAFFRP~I~¢Up2004-33,tim2004-06,zc2004-04,var 2004 -05 doc
LOCATION MAP
CONDITIONAL USE PERMIT 2004-33; TENTATIVE TRACT MAP 2004-06
CascNo. ZONE CHANGE 2004-04 AND VARIANCE 2004-05
$iteAddmss:SOUTH SIDE FERNWOOD BETWEEN BULLIS RD. & ATLANTIC AVE.
App[icantNam¢: HERMELIO FRANCO
[ ] 300' or [ ] 500' Radius Map
RESOLUTZON 3043 - DENY
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CTI'Y OF LYNWOOD DENY/NG ZONE CHANGE NO.
2003-04~ A REQUST TO CHANGE THE ZONING FROM
"NO ZONE" TO PRD (PLANNED RESIDENT/AL
DEVELOPMENT) IN ORDER TO CONSTRUCT THIRTY-
NINE (39) DETACHED SINGLE-FAMILY RESIDENCES
ON VACANT PROPERTY LOCATED ON THE SOUTH SIDE
OF FERNWOOD AVENUE~ NORTH OF THE 1-105
(CENTURY) FREEWAY, BETWEEN BULL, S ROAD AND
ATLANTIC AVENUE~ FURTHER DESCRIBED AS
ASSESSOR PARCEL NUMBERS 6174-001-900-901 &
6189-012-902-908, CITY OF LYNWOOD, COUNTY OF
LOS ANGELES~ STATE OF CALIFORN~J%.
WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a duly
public hearing on November 9, 2004 on Zone Change No. 200~-04; and
WHEREAS, the Lynwood Planning Commission has carefully considered all oral and
written testimony offered at the public hearing; and
WHEREAS, the Development Services Department has determined that the project
may have significant impacts, an Initial Study was performed, mitigation measures have
been incorporated into the project, and a Mitigated Negative Declaration was prepared.
Section 1. The Planning Commission of the City of Lynwood hereby finds and
determines as follows:
A PRD (Planned Residential Development) zoning designation of the subject
property would not be consistent with developments in the vicinity.
The PRD (Planned Residential Development) zoning designation would not
be consistent with Chapter 25 of the Lynwood Municipal Code.
-1-
The PRD (Planned Residential Development) zoning will not be consistent
with goals and policies set forth in the Lynwood General Plan.
The PRD (Planned Residential Development) zoning designation may be
detrimental to the properties surrounding the site and may negatively
impact the public health, safety, or general welfare.
Section 2. The Planning Commission of the City of Lynwood, based upon the
aforementioned findings and determinations, hereby denies Zone Change No. 2004-04, a
request to change the zoning designation for Assessor Parcel Numbers 6174-001-900-901
& 61889-012-902-908 from "No Zone" to PRD (Planned Residential Development).
ADOPTED and DEN[ED this 9m day of November, 2004 by members of the Lynwood
Planning Commission voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jim Morton, Chair
Lynwood Planning Commission
Grant Taylor, Director
Development Services Department
3ennifer Mizrahi, Deputy City Attorney
City of Lynwood
RESOLUTI'ON NO. 3041
A RESOLUTION OF THE PLANNING COHIqISSION OF
THE CZT'Y OF LYNWOOD APPROVING CONDITIONAL
USE PERHt'T NO. 2004-33, PERIqTI-I*t'NG THE
DEVELOPMENT OF THIRTY-NTNE (39) DETACHED
St'NGLE FAHt'LY RESI'DENCES, TWO-STORt'ES t'N
HEt'GHT, WITH ATTACHED TWO-CAR GARAGES AND
SEVEN (7) PUBLIC LOTS (POCKET PARKS) FOR
PROPERTY LOCATED ON THE SOUTH St'DE OF
FERNWOOD AVENUE, NORTH OF THE I'-105
(CENTURY) FREEWAY, BETWEEN BULLTS ROAD AND
ATLANT]IC AVENUE FURTHER DESCRIBED AS
ASSESSOR PARCEL NUMBERS 6174-001-900 AND
901, 6189-012-900 AND 908, LYNWOOD,
CAL1'FORN1'A.
WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a duly
noticed public hearing on November 9, 200a,; and
WHEREAS, the Lynwood Planning Commission considered all oral and written
testimony offered at the public hearing; and
WHEREAS, the Development Services Department has determined that the
proposal may have potentially significant impacts on the environment, an Initial Study
was performed, and a Nitigated Negative Declaration prepared with mitigation measures
that would reduce potential impacts to insignificant levels in accordance with the
California Environmental Qualify Act (CEQA), therefore;
Section 1. The Planning Commission of the City of Lynwood hereby finds and
determines as follows:
The granting of the proposed conditional use permit will not adversely affect
the comprehensive General Plan. The Lynwood General Plan designates the
property as Multi-Family Residential and the project is consistent with the
land use map designation.
1
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 project proposes a PRD (Planned Residential
Development) zone. The project is consistent with the zoning designation
and intent of the Lynwood Municipal Code Chapter 25.
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 incorporated into the project to reduce potentially
significant impacts to levels that are insignificant.
Do
That the proposed conditional use will comply with each of the applicable
provisions of Chapter 25 of the Lynwood Municipal Code. The project
complies with the majority of development standards to include project
area; front, rear and interior side yard setbacks; lot coverage; landscaping;
building height; and parking. Variances are requested to reduce minimum
lot size and street side yard setback.
Section 2. The Planning Commission of the City of Lynwood hereby approves
Conditional Use Permit No. 2004-33, subject to all conditions of approval set forth as
follows:
COND[T:[ONS OF APPROVAL
DEVELQPMENT SERVt'CES DEPARTMENT
The conditional use must be acted upon within 180 days of approval. The
Conditional Use Permit shall become null and void 180 days from the date of
approval if not acted on within this period. One extension of 90 days may be granted
if the extension is requested in writing prior to the end of the valid period, at the
discretion of the Development Services 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 Community Development Department, Planning Division.
3. The applicant shall meet the requirements of all other City Departments.
2
10.
11.
Any proposed subsequent modification of the subject site or structures thereon,
shall be first reported to the Community Development Department, Planning
Division, for review of said modifications,
The applicant/property owner shall sign a Statement of Acceptance stating that he
has read, understands, and agrees to all conditions of this resolution prior to
submittal for building plan check.
The conditions of approval shall be printed on the cover page of the plans prior to
submission to the Building and Safety Division.
PLANNtNG DI'VZSZON
Landscaped areas shall be a minimum of thirty-five (35%) percent of the gross lot
area. The required front, rear, and side yards shall be landscaped and shall consist
predominately of plant materials except for necessary walks, drives and fences.
Landscaping and permanent irrigation systems shall be installed in accordance with
detailed plans to be submitted and approved by the Development Services
Department, Planning Division prior to issuance of any building permits.
A six (6') foot high solid and sight obscuring fence shall be installed around the
perimeter of the property, except within the twenty-foot (20') front yard setback
area. Front yard fences not exceeding four feet (49 in height may be permitted by
the Planning Division. Rear and street side yard setback areas shall have six foot
(69 solid block walls. The applicant shall review fence plans with Caltrans for the
interior side yard setbacks adjacent to the I-~.05 Freeway. The applicant shall
submit plans and obtain a fence permit from the Development Services
Department, Planning Division prior to installation.
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.
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.
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 a non-reflective material 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.
14.
The applicant shall consult with Southern California Edison, Caltrans, County of Los
Angeles and other utility and governmental agencies to ascertain easements. The
applicant shall provide written determinations from applicable utility providers and
governmental agencies.
15.
The residences shall be painted in neutral or earth tone colors pursuant to City of
Lynwood approved color schemes. Trim and architectural features may consist of
brighter colors. The applicant shall submit paint samples for siding and trim prior
to the issuance of building permits.
16, Construction days and hours shall be limited to Monday through Saturday, 7:00
a.m. to 7:00 p.m. only.
17. The contractor shall water the site daily to reduce fugitive dust emissions.
18. Exterior lighting shall be shielded and directed away from adjacent properties to
protect the peace and welfare of residents residing in the area.
19.
Each parcel shall require separate site plans, floor plans and elevations for building
plan check. The site plan shall indicate the lot area, lot coverage, landscaped
areas, etc.
20.
The block wall adjacent to the street side yard setback shall have climbing vines on
the exterior side facing Fernwood Avenue to beautify the property and discourage
graffiti.
21,
The public lots (pocket parks) shall be developed, watered and maintained by the
developer, or an association may be formed and Covenants, Conditions and
Restrictions (CC&R's) to regulate funding and maintenance. Such pocket parks
shall remain clear of trash, debris, graffiti and planting materials shall be
maintained at all times. The applicant shall submit detailed landscaping and
irrigation plans for each pocket park.
22. Prior to submittal for building plan check the applicant shall submit material sample
boards of siding and roof materials for the residences.
23.
Approval of this conditional use permit is subject to approval of Zone Change No.
2004-04, Variance No. 2004-05, Tentative Tract Map No. 2004-06 (62163) and
certification of the Mitigated Negative Declaration/Initial Study.
REDEVELOPMENT DI'VTSTON
24. A minimum of five (5) of the residences shall be sold for Iow/moderate income
persons pursuant to HUD Guidelines.
25.
The development shall be consistent and comply with all provisions set forth in the
Development and Disposition Agreement (DDA) approved by the Lynwood
Redevelopment Agency.
PUBLTC WORKS/ ENGTNEERI'NG DEPARTMENT
26. Identify all parcels of land to be included in development site.
27. Submission and recordation of a Tract Map is required, Certificates of occupancy
will not be issued prior to the recordation of a subdivision map.
28. Underground all utilities.
29.
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. Grading plan (s)
shall address drainage of ][-105 (Century) Freeway embankment.
30. Construct five-foot (57 wide sidewalk along Fernwood Avenue with required
American With Disabilities Act (ADA) access ramps.
31. Construct new drive approaches per APWA standards.
32.
Connect to public sewer. Each building shall be connected separately. Construct
laterals as necessary. Minimum size required is six-inches (6'7. When connecting
to an existing lateral, a City approved contractor shall verify the size of such lateral
and shall provide proof of its integrity by providing a video tape of the lateral to
the Department of Environmental Services/Engineering Division.
5
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
Provide and install new marbelite street pole(s) with light fixture(s), and
underground services and conduits on the south side of Fernwood Avenue. Street
lighting improvement plans shall be reviewed and approved by the City. Number
of street lights shall be determined by lighting improvement design.
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.
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
Environmental Services/Engineering Division.
Grind and overlay one and one-half inches (1 1/2 '~ asphalt pavement on
Fernwood Avenue from edge of gutter to edge of gutter between Bullis Road and
Atlantic Avenue.
Construct eight inch (8'7 sewer main on Fernwood Avenue from Ernestine Avenue
to Atlantic Avenue. Sewer improvement plans shall be reviewed and approved by
the City.
Construct new twelve-inch (12") water main and upgrade existing water mains to
12" water main on Fernwood Avenue from Bullis Road to Atlantic Avenue.
Underground electrical overhead cables/poles on Fernwood Avenue between
Ernestine Avenue and Bullis Road.
Provide hydrology study to address water runoff created by this development.
Identify drainage mitigation measures including but not limited to construction of
curb and gutters on south side of Fernwood Avenue, construction of new catch
6
43.
45.
basins, etc. Special attention should be given to the areas near Ernestine Avenue
and Gertrude Avenue where water ponding is known.
Provide traffic study to identify traffic impact by the project and identify mitigation
measures. Mitigation measures shall address compliance with the Congestion
Management Program Requirements (CMP).
BUTLDt'NG AND SAFETY D:[VZSt'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- 2001 edition;
The Uniform Mechanical Code- 2001 edition
The Los Angeles County Fire Code - 2001 edition;
The Nation Electric Code - 2001 edition;
All as amended by the California Building Code of 200l.
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 Fl'RE DEPARTHENT
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, or call (323)890-4243.
'7
APPROVED AND ADOPTED this 9th day of November, 2004, by members of the
Planning Commission, voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
.]im Morton, Chairman
Lynwood Planning Commission
APPROVED AS TO CONTENT:
APPROVED ASTOFORM:
Grant Taylor, Director
Development Services Department
.lennifer Mizrahi, Attorney
Planning Commission Counsel
8
RESOLUTI'ON NO. 3042
A RESOLUTt'ON OF THE PLANNING COMHXSSION OF
THE cTrY OF LYNWOOD APPROVTNG TENTATTVE
TRACT t4AP NO. 2004-06 (62163), SUBDtVZDt'NG
THREE (3) CITY OWNED PARCELS [NTO FORTY-
SEVEN (47) LOTS FOR THIRTY-NZNE (39)DETACHED
SI'NGLE-FAIqILY RESI'DENCES~ SEVEN (7) POCKET
PARKS~ AND AN ELECTRZCAL SUBSTATt'ON FOR
PROPERTY LOCATED ON THE SOUTH St'DE OF
FERNWOOD AVENUE BETWEEN BULLIS ROAD AND
ATLANTIC AVENUE~ FURTHER DESCRtBED AS
ASSESSOR PARCEL NUMBERS 6174-001.-900 & 901~
AND 61.89-01.2-900 & 908, CTTY OF LYNWOOD~
COUNTY OF LOS ANGELES~ STATE OF CALIFORNIA.
WHEREAS, the Planning Commission of the City of Lynwood pursuant to
law on November 9, 2004 conducted a public hearing on Tentative Tract Map No.
2004-06 (62163); and
WHEREAS, the Lynwood Planning Commission carefully considered all oral
and written testimony offered at the public hearing; and
WHEREAS, the Development Services Department has determined that
the proposal may have a significant impacts on the environment, conducted an Initial
Study, included conditions of approval and Mitigation Measures that would reduce
potential impacts to a level of insignificance, and prepared a Negative Declaration
consistent with the California Environmental Quality ACt (CEQA) Guidelines; and
Section 1. The Planning Commission of the City of Lynwood hereby finds
and determines as follows:
The subdivision meets all the applicable requirements and conditions
required by the State Subdivision Map Act and the Subdivision
Regulations of Lynwood Municipal Code Chapter 24 and Section 25-18.
The proposed subdivision is consistent with the applicable goals and
policies of the Lynwood General Plan Land Use and Housing Elements.
Proper and reasonable provisions are available for adequate ingress and
egress to the parcels.
Proper and adequate provisions are available for all public utilities and
public services.
The project is consistent with the intention and standards set forth in the
PRD (Planned Residential Development) zone.
Section 2. The Planning Commission of the City of Lynwood, based upon the
findings identified above, hereby approves Tentative Tract Map No. 2004-06 (62163)
subject to the following conditions:
DEVELOPMENT SERVICES DEPARTMENT
PLANNZN~; DTVI'STON
The applicant shall meet the requirements set forth in the Lynwood Municipal
Code, the California Building Code, the Los Angeles County Fire Code and
requirements of all other City Departments.
The applicant, or his/her representative, shall sign a Statement of Acceptance
stating that he/her has read, understands and agrees to the conditions imposed
by the Planning Commission, before any building permits are issued.
Within twenty-four (24) months affcer approval of the Tentative Tract Map, the
subdivider shall file with the City of Lynwood, a Final rvlap in substantial
conformance with the Tentative Tract Map, as conditionally approved, and in
conformance with the Subdivision Map ACt and the Subdivision Regulations of
the City of Lynwood.
No certificates of occupancy shall be issued prior to recordation of the Final
Tract Map approved by the City of Lynwood.
The Tentative Tract Map shall be filed with the City Engineer, Department of
Environmental Services of the City of Lynwood.
2
DEPARTMENT OF ENVIRONMENTAL SERVICES
All conditions of the State Map Act and the City's subdivision Ordinance must be
met prior to recordation.
All matters and improvements shall be consistent with the ordinances,
standards, and procedures of the City's Development Standards, Engineering
Procedures and Standards, Water Standards, and Planting Standards of the
Department of Parks and Recreation.
The Developer is responsible for checking with staff for clarification of these
requirements.
Submit a Subdivision Guarantee to this office.
The final map shall be based on a field survey. All surveying for the proposed
development will be done by the Developer, including the establishment of
centerline ties. Enclose with the final map the surveyor's closure sheets.
Developer shall pay all applicable development fees including drainage, sewer,
water and parkway trees prior to issuance of any building permits.
Pay Tract Map checking fees prior to checking.
Pay $100 monument checking fee prior to recordation. Deposit $50 with City
Engineer to guarantee receipt by City of recorded, reproducible mylar, tract
map prior to recordation.
All special assessments and utilities or sewer connection fees are to be paid
prior to recording the final map. All requirements to the serving utilities to be
met or guaranteed prior to recording of the final map.
A grading plan signed by a registered Civil Engineer shall be submitted for the
approval of the Director of Environmental Services/City Engineer. The grading
plan shall include topography of all contiguous properties and streets and shall
provide for the methods of drainage in accordance with all applicable City
standards. Retaining walls and other protective measures may be required.
Grading plan(s) shall address drainage of the 1-105 (Century) Freeway
embankment.
10.
11.
12.
Off-site drainage easement may be necessary. The structural section of all
parking areas shall be designed by a Civil Engineer based upon soils analysis
supplied by a recognized and approved soils engineering firm. The structural
section shall be approved by the Director of Environmental Services/City
Engineer. In the event that the design is not provided, the minimum structural
section that will be approved by the Director of Environmental services/City
Engineer would be 2 inches of asphalt on 4 inches on untreated rock base.
Submit to this office a Geologic/Soils Report signed by a Registered Soils
Engineer.
The development shall be provided with public sewers. Connect to public
sewer. Provide laterals as necessary. Extension of existing sewer main might be
necessary at developer's cost. Design of all sanitary sewers shall be approved
by the Director of Environmental Services/City Engineer. Construct eight inch
(8'9 sewer main on Fernwood Avenue between Bullis Road and Atlantic Avenue.
The Developer shall construct a water system including water services, fire
hydrants and appurtenance though the development as required by the Director
of Environmental Services/City Engineer. The Developer shall submit a water
system plan to the Los Angles County Fire Department for fire hydrant
locations.
The Developer shall install and provide at his/her expense all required water
meters per City of Lynwood Plans/Spects. The Developer shall install on-site
water facilities including stubs for water and fire hydrants on interior and on
boundary arterial streets. Construct new twelve inch (12'9 water main and
upgrade existing water mains to twelve inch (12'9 water main on Fernwood
Avenue from Bullis Road to Atlantic Avenue.
All conditions of the Los Angeles County Fire Department must be met prior to
recordation.
Where drainage, sewer and other such easements are required, the m~nimum
easement width shall be ten feet (109 to facilitate maintenance unless
otherwise approved by the Director of Environmental Services/City Engineer.
Dedicate a ten-foot (109 wide strip of property along Fernwood Avenue.
13.
Design, configuration and locations of sidewalks shall be subject to the approval
of the Director of Environmental Services/City Engineer, and the Special
Assistant of Development Services. Ramps for physically handicapped persons
shall be provided both on-site and off-site as required by State and local
regulations.
14. Prior to the issuance of demolition or grading permits, the developer shall:
15.
Submit a plan indicating safety methods to be provided to maintain safe
pedestrian ways around all areas of construction. This may require
proper and adequate signs, fences, barricades, or other approved control
devices as required by the Director of Community Developer.
The Developer shall install all public improvements, as required by the Director
of Environmental Services/City Engineer prior to issuance of any occuoancv
permits for this development. Public Improvements shall include but are not
limited to;
a) Construct four-foot (4~ wide sidewalk along Fernwood Avenue.
b)
Construct new sidewalk, curb and gutter, drive approaches and required
pavement along Femwood Avenue.
c)
Underground electrical overhead cables/poles on Fernwood Avenue
between Emestine Avenue and Bullis Road.
d)
Grind and overlay one and one-half inch (1 1/2'9 minimum on Fernwood
Avenue between Bullis Road and Atlantic Avenue.
e)
Improve water drainage on south side of Fernwood Avenue at Ernestine
Avenue. Drainage plans shall be reviewed and approved by the City.
f) Construct six-foot (69 wide parkway and landscape with grass.
g)
Provide and install new marbelite street pole with light fixture, and
underground services and conduits on south side of Fernwood Avenue.
Street lighting improvement plans shall be reviewed and approved by the
City. Number of street lights shall be determined by lighting
improvement plan.
5
All changes and repairs in existing curbs, gutters, and sidewalks and other
public improvements shall be paid for by the developer. If improvements are to
be guaranteed, a faithful performance bond shall be posted by the developer to
guarantee installation of said public improvements and an agreement for
completion of improvements with the City Council shall be entered into. Submit
policy of Insurance or bond protecting city against damage or injury to person
or property growing out of, related to, or resulting from improvements or work.
The Director of Environmental Services/ City Engineer will determine amount
and form. Deposit with the Director of Environmental Services/City Engineer
before commencing any improvements, a sum estimated by the Director of
Environmental Services/ City Engineer to cover cost of inspection of all
improvements under his jurisdiction.
16.
Provide hydrology study to address water runoff created by this development.
Identify drainage mitigation measures including but not limited to construction
of curb and gutters on south side of Fernwood Avenue, construction of new
catch basins, etc. Special attention should be given to the areas near Ernestine
Avenue and Gertrude Avenue where water ponding is known.
17.
Provide traMc study to identify traffic impact by the project, and identify
mitigation measures. Mitigation measures shall address compliance with the
Congestion Management Program Requirements (CMP).
BUILDING AND SAEFTY DIVISION
18.
All construction shall meet or exceed the minimum building standards that are
reference in the following codes:
The Uniform Building Code-2001 edition;
The Uniform Plumbing Code - 2001-edition;
The Uniform Mechanical Code - 2001 edition;
The Los Angeles County Fire Code -2001 edition;
The National Electrical Code - 2001 edition;
All as amended by the California Building Code 2001.
In cases where the provision of the California Building Code, the City of Lynwood
Municipal Code, or the plans or specification in these plans may conflict, the more
restrictive provisions shall govern.
6
19.
20.
21.
22.
23.
24.
25.
LOS ANGELES COUNTY FZRE DEPARTMENT
Access shall comply with Section 902 of the Fire Code, which requires all
weather access. All weather access may require paving.
Fire Department access shall be extended to within 150 feet distance of any
exterior portion of all structures.
Private driveways shall be indicated on the final map as "Private Driveway and
Firelane" with the widths clearly depicted and shall be maintained in accordance
with the Fire Code. All required fire hydrants shall be installed, tested and
accepted prior to construction.
Vehicular access must be provided and maintained serviceable throughout
construction to all required fire hydrants. All required fire hydrants shall be
installed, tested and accepted prior to construction.
Provide Fire Department or City approved street signs and building access
numbers prior to occupancy.
WATER SYSTEM REOUZREMENTS- TNCORPORATED
Provide water mains, fire hydrants and fire as required by the County of Los
Angeles Fire Department, for all land shown on map which shall be recorded.
The required fire flow for public fire hydrants at this location is __ gallons per
minute at __ psi for a duration of __ hours, over and above maximum daily
domestic demand. Hydrants flowing simultaneously may be used to achieve
the required fire flow.
26. Fire hydrant requirements are as follows:
27.
Install
Install
__ public fire hydrant(s). Upgrade / Verify exisiting public fire hydrants.
__ private on-site fire hydrant(s).
All hydrants shall measures 6"x4"x2-1/2" brass or bronze, conforming to
current AWWA standards C503 or approved equal. All on-site hydrants shall be
installed a minimum of 25' feet from a structure or protected by a two (2) hour
rated firewall.
H:\WORDFILE~PLANNING~P-ESOS~reso3042 a.doc
7
28.
Location: As per map on file with the office.
Other location:
All required fire hydrant shall be installed, tested and accepted or bonded for
prior to Final Map approval. Vehicular access must be provided and maintained
serviceable throughout construction.
29. Upgrade not necessary, if existing hydrant(s) meet(s) fire flow requirements.
Section 3. A copy of Resolution 3042 shall be delivered to the applicant.
APPROVED and ADOPTED this 9m day of November, 2004, by members
of the Lynwood Planning Commission, voting as follows:
AYES:
NOES:
ABSENT:
ABSTA! N:
Jim Morton, Chairman
Lynwood Planning Commission
APPROVED ASTO CONTENT:
APPROVED ASTO FORM:
Grant Taylor, Director
Development Services Department
Jennifer Mizrahi, Deputy City Attorney
Planning Commission Counsel
RESOLUTION 3043
A RESOLUTt'ON OF THE PLANN?NG COMMt'SSt'ON OF
THE cTrY OF LYNWOOD APPROVZNG ZONE CHANGE
NO. 2004-04; CHANG]~NG THE ZON?NG DES]~GNAT]'ON
FROM "NO ZONE" TO PRD (PLANNED RESt'DENTt'AL
DEVELOPMENT) t'N ORDER TO DEVELOP THt'RTY-Nt'NE
(39) DETACHED SiNGLE-FAMiLY RESIDENCES AND
SEVEN (7) POCKET PARK ON VACANT PROPERTY
LOCATED ON THE SOUTH STDE OF FERNWOOD
AVENUE, NORTH OF THE I'-105 (CENTURY) FREEWAY~
BETWEEN BULLZS ROAD AND ATLANTt'C AVENUE~
FURTHER DESCRZBED AS ASSESSOR PARCEL
NUMBERS 6174-00Z-900-901 AND 6189-012-902-
908, CTI'Y OF LYNWOOD~ COUNTY OF LOS ANGELES~
STATE OF CALIIFORN1.A.
WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a duly
noticed public hearing on November 9, 2004 on Zone Change No. 2004-04; and
WHEREAS, the Lynwood Planning Commission has carefully considered all oral and
written testimony offered at the public hearing; and
WHEREAS, the Lynwood Planning Commission has determined that a PRD
(Planned Residential Development) zoning designation for the subject property would be
consistent with the Lynwood General Plan and would be an appropriate location for a
multi-family residential project; and
WHEREAS, the Development Services Department has determined that the project
may have potentially significant impacts on the environment, therefore an Initial Study
was performed, Mitigated Negative Declaration prepared and conditions of approval and
mitigation measures incorporated into the project to reduce potential impacts to a level of
insignificance pursuant to the California Environmental quality Act (CEQA) Guidelines.
-1-
Section 1. The Planning Commission of the City of Lynwood hereby finds and
determines as follows:
A PRD (Planned Residential Development) zoning designation of the subject
property would be consistent with the General Plan Land Use Map.
The PRD (Planned Residential Development) zoning designation is
consistent with existing development in the vicinity.
The PRD (Planned Residential Development) zoning will be consistent with
goals and policies set forth in the Lynwood General Plan Land Use and
Housing Elements.
The PRD (Planned Residential Development) zoning designation will not be
detrimental to the properties surrounding the site and would not negatively
impact the public health, safety, or welfare or properties in the vicinity.
Section 2. The Planning Commission of the City of Lynwood, based upon the
aforementioned findings and determinations, hereby approves Zone Change No. 2004-04
changing the zoning designation for Assessor Parcel Numbers 6174-001-900-90! and
6!89-0!2-902-908 from "No Zone"to PRD (Planned Residential Development).
-2-
APPROVED AND ADOPTED this 9th day of November, 2004 by members of
the Lynwood Planning Commission, voting as follows:
AYES:
NOES:
ABSENT:
ABSTATN:
Jim Morton, Chair
Lynwood Planning Commission
Grant Taylor, Director
Development Services Department
Jennifer Mizrahi, Deputy City Attorney
Planning Commission Counsel
-3-
RESOLUTZON 3044
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING VARIANCE NO.
2004-05 TO REDUCE THE MINIMUM REQUIRED
STREET SIDE YARD SETBACK FROM TEN FEET (10')
TO SEVEN FEET (7') AND REDUCE THE MINIMUM LOT
AREA ON THIRTEEN (13) PARCELS TO LESS THAN
3,500 SQUARE FEET IN CON3UNCTION WITH A
PRO3ECT TO CONSTRUCT THIRTY-NINE (39)
DETACHED SINGLE-FAMILY RESIDENCES AND SEVEN
(7) POCKET PARKS ON VACANT PROPERTY LOCATED
ON THE SOUTH SIDE OF FERNWOOD AVENUE, NORTH
OF THE 1-105 (CENTURY) FREEWAY IN THE PRD
(PLANNED RESIDENTIAL DEVELOPMENT) ZONE,
FURTHER DESCRZBED AS ASSESSOR PARCEL
NUMBERS 6174-001-900-901 AND 6189-012-902-
908, CITY OF LYNWOOD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA.
WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a
duly noticed public hearing on Variance No. 2004-05 on November 9, 2004; and
WHEREAS, the Lynwood City Council considered all oral and written testimony
offered at the public hearings; and
WHEREAS, the Development Services Department performed an Initial Study and
has determined that the proposal may have potentially significant impacts, mitigation
measures have been included in the project, and a Mitigated Negative Declaration was
prepared pursuant to provisions of the California Environmental Quality Act (CEQA).
Section 1. The Planning Commission of the City of Lynwood hereby finds and
determines as follows:
The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this chapter. The subject
property is an irregular shape. Satisfying setback requirements would be
extremely difficult without substantially reducing the number of units or
floor areas.
That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved which do not apply generally to other
properties in the same zone. Many properties in the vicinity are square or
rectangular in shape that makes satisfying setback and lot size standards
much easier. The subject property is an irregular shape that makes
mandatory setbacks and lot sizes very difficult to satisfy without
substantially reducing the number of residences.
That strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners
of other similar properties in the same zone. A number of multi-family
residential properties do not meet setback or lot size standards. The
irregular shape of the subject property makes satisfying setbacks and lot
sizes extremely difficult.
That the granting of the variance, as conditioned, will not constitute the
granting of a special privilege inconsistent with the limitations on other
properties in the vicinity classified in the same zone. The project is
consistent with other projects in multi-family residential zones. The
applicant designed the project to satisfy all standards to the extent
possible and has reduced the number of units from the maximum of
seventy-three (73) allowed to thirty-nine (39).
That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity. Staff performed an Initial Study in
compliance with the California Environmental Quality Act (CEQA) and
determined the project may have potentially significant impacts.
Conditions of approval and mitigation measures have been included in the
project to reduce potential impacts to a level of insignificance.
That the granting of the variance will not adversely affect the orderly
development of the City. The project is consistent with the General Plan
Land Use Map. Approving the zone change would make the subject
properb/ consistent with the General Plan. The variances will have
minimal impacts on properties in the vicinity.
Section 2. The Planning Commission of the City of Lynwood, based upon the findings
and determinations mentioned above, hereby approves Zone Change No. 2004-04.
2
APPROVED AND ADOPTED this 9th day of November, 2004, by members of the
Lynwood Planning Commission, voting as follows:
AYES:
NOES:
ASSENT:
ABSTAIN:
Jim Morton, Chair
Lynwood Planning Commission
Grant Taylor, Director
Development Services Department
Jennifer Mizrahi, Deputy City Attorney
Planning Commission Counsel
City of Lynwood
Development Services Department
11330 Bullis Road
Lynwood, CA 90262
(310) 603-0220, x289
NOTICE OF DETERMINATION
To~
County Clerk
County of Los Angeles
500 West Temple
Los Angeles, CA 90012
From: City of Lynwood
Development Services Dept.
11330 Bullis Road
Lynwood, CA 90262
SUBJECT: Filing of Notice of Determination in compliance with CEQA Guidelines
Project Title: Conditional Use Permit No. 2004-33, Tentative Tract Map No. 2004-06
(62163), Zone Change No. 2004-04 and Variance No. 2004-05
Lead Agency: City of Lynwood, Development Services Department, Planning Division
Project Location: Assessor Parcel #'s 6174-001-900 & 901 and 6189-012-902-908
Vacant lots on the south side of Fernwood Avenue, north of the 1-105 (Century) Freeway,
between Bullis Road and Atlantic Avenue.
Project Description: Construct thirty-nine (39) detached single-family residences, two-
stories in height, with attached two-car garages and seven (7) pocket parks on three (3)
vacant parcels that total approximately 176,500 square feet or 4.05 acres in area. In
addition, subdivide three (3) parcels into forty-seven (47) lots; reduce the minimum street
side yard setback from ten feet (10') to seven feet (7') and reduce lot size for thirteen (13)
lots to less than 3,500 square feet; and change the zoning from No Zone to PRD (Planned
Residential Development).
Notice of Intent: This notice is to advise that the City of Lynwood as Lead Agency has
approved the above-described Mitigated Negative Declaration/Initial Study. The
Planning Commission certified the Mitigated Negative Declaration/Initial Study,
approved Conditional Use Permit No. 2004-33, Tentative Tract Map No. 2004-06
(62163), Zone Change No. 2004-04 and Variance No. 2004-05 on November 9, 2004.
On __, 2004 the Lynwood City Council certified the Mitigated Negative
Declaration/Initial Study and approved Zone Change No. 2004-04. The Planning
Commission and City Council have made the following findings and determinations
regarding the above-described project.
The Project will not have a significant impact on the environment. Conditions
of approval and Mitigation Measures have been included in the project to
reduce potential impacts to a level of insignificance.
Notice of Determination
CUP 2004-33, TTM 2004-06, ZC 2004-04, VAR 2004-05
Page 2
3.
4.
5.
A Mitigated Negative Declaration was prepared for this Project pursuant to
the provisions of the California Environmental Quality Act (CEQA).
Mitigation Measures were made a condition of approval of this Project.
A Statement of Overriding Conditions was not adopted for this Project.
Findings were made pursuant to the provisions of the California
Environmental Quality Act (CEQA).
This is to certify that the Mitigated Negative Declaration/Initial Study with public
comments and responses and record of project approval is available to the General Public
at Lynwood City Hall, Development Services Department, Planning Division, 11330
Bullis Road, Lynwood, CA 90262, (310) 603-0220, Ext. 289.
Signature: Date:
Name/Title: Grant Taylor, Director of Development Services
Date received for filing at County of Los Angeles:
City of Lynwood
Community Development Department
11330 Bullis Road
Lynwood, CA 90262
(310) 603-0220, X289
NEGATIVE DECLARATION
County Clerk
County of Los Angeles
500 West Temple
Los Angeles, CA 90012
RE: Negative Declaration for Conditional Use Permit No. 2004-3, Tentative Tract Map
No. 2004-06 (62163), Zone Change No. 2004-04, and Variance No. 2004-05.
To Whom It May Concern:
Application has been filed with the City of Lynwood for approval of the project known as
Conditional Use Permit No. 2004-33, Tentative Tract Map No. 2004-06 (62163), Zone
Change No. 2004-04 and Variance No. 2004-05, located on three vacant parcels located
on the south side of Fernwood Avenue between Bullis Road and Atlantic Avenue,
Assessor Parcel Numbers 6174-001-900 & 901 and 6189-012-902-908 within a No Zone
designation (vacant Caltrans), and to be developed by the applicant Hermelio Franco.
The project is briefly described as:
Approval to construct thirty-nine (39) detached single-family residences, two-stories in
height, with attached two-car garages and seven (7) pocket parks on vacant lots that total
approximately 176,500 square feet or 4.05 acres in area. In addition, the applicant
proposes to subdivide three (28) parcels into forty-seven (47) lots; reduce the minimum
street side yard setback from ton-feet (10') to seven-feet (7') and reduce minimum lot size
for thirteen (13) parcels to less than 3,500 square feet~ and change the zoning from No
Zone to PRD (Planned Residential Development). The properties are further described as
Assessor Parcel Numbers 6174-001-900 & 901 and 6189-012-902-908.
ENVIRONMENTAL ASSESSMENT: An Initial Study was performed and possible
significant impacts were identified pertaining to Geological Problems, Water,
Transportation/Circulation, Air Quality, Noise and Aesthetics. Mitigation measures have
been included in the project and if such mitigation measures are implemented and
monitored, potential significant impacts would be reduced to a level of insignificance.
In accordance with the authority and criteria contained in the California Environmental
Quality Act (CEQA) State Guidelines, and the City of Lynwood Guidelines for the
implementation of the California Environmental Quality Act, the Department of
Development Services, Planning Division of the City of Lynwood analyzed the project
and determined that the project will not have a significant impact on the environment.
Based on this finding, the Department prepared and hereby filed this NEGATIVE
DECLARATION.
A period of twenty-one (21) working days from the date of filing of this NEGATIVE
DECLARATION was provided to enable public review of the project specifications and
this document prior to action on the project by the City of Lynwood. A copy of the
project specifications is on file in the offices of the Department of Development Services,
Planning Division, City Hall Annex, 11330 Bullis Road, Lynwood, California, 90262
(310) 603-0220, Extension 289.
It is the finding of the City of Lynwood that the project will not have a significant effect
on the environment. The Mitigation Measures included in the attached Initial Study and
Conditions of Approval set forth in Planning Commission Resolutions 3041 and 3042
would reduce the impacts to insignificant levels. The above finding is based on the
following:
A. The site of the proposed project is adequate in size and shape to accommodate
seventy-three (73) residences, however, thirty-nine (39) residences are proposed.
B. The proposed project, as conditioned, will reduce possible significant impacts to a
level of insignificance. Conditions of approval have been made a part of the
conditional use permit and will be implemented and monitored.
C. The proposed project will not have a negative impact on the value of the
surrounding properties or interfere with or endanger the health, safety or welfare
or persons residing or working in the vicinity.
D. The granting of the variance, zone change, tentative tract map and conditional use
permit will not adversely affect the comprehensive General Plan. The City has
drafted a revised General Plan and Land Use Map that are consistent with the
project. The project will comply with goals and policies in the Land use and
Housing Elements.
E. The location of the project and conditions under which the residences would
operate are in accord with the requirements of the Zoning Ordinance and the
purpose of the zone in which the site is located.
F. The location of the project and the conditions under which it will be operated and
maintained will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity.
G. The project will comply with each of the applicable provisions of this chapter,
except for approved variances.
Mitigated Negative Declaration
CUP 2004-33, TTM 2004-06, ZC 2004-04, VAR 2004-05
Page 2
This Document, the Notice of Determination and Initial Study are being filed in duplicate.
Prepared and filed by:
The Department of Development Services, Planning Division
Grant Tayl[r, Direc~of ]b-evelopment Services
DATE:_October 18, 2004
1)
2)
3)
4)
5)
6)
7)
8)
ZNZTI'AL STUDY/Environmental Checklist
Project Title:
Conditional Use Permit No. 2004-33, Tentative Tract Map No. 2004-06 (62163), Zone Change No. 2004-
04, and Variance No. 2004-05
Lead Agency Name and Address:
City of Lynwood
Development Services Department
11330 Bullis Road
Lynwood, CA 90262
Contact Person, Title and Phone Number:
Grant Taylor, Director
Development Services Department
(310) 603-0220, Ext. 326
Project Location:
The subject property consists of three (3) vacant excess Caltrans parcels owned by the City. The parcels
total approximately 176,500 square feet or 4.05 acres in area and are located on the south side of
Fernwood Avenue, north of the 1-105 (Century) Freeway, between Bullis Road and Atlantic Avenue.
Project Sponsor's Name and Address:
Hermelio Franco
9369 Gainford Avenue
Downey, CA 90240
(562) 755-4571
General Plan Designation:
Multi-Family Residential
Zoning:
No Zone
Description of Project: (Describe the whole action involved, including but not limited to later phases
of the project, and any secondary, support, or off-site features necessary for its implementation.)
Construct thirty-nine (39) detached single-family residences, two-stories in height, with attached two-car
garages, and construct seven (7) common lots (pocket parks) on excess Caltrans property. The project
includes four (4) discretionary applications to include:
Conditional Use Permit No. 2004-33: Construct thirty-nine (39) residential dwelling units;
Tentative Tract MaD No. 200~-06 (62163~: Subdivide three (3) parcels into forty-seven (47) lots;
Zone Chanae No. 2003-01: Change the zone from No Zone to PRD (Planned Residential Development);
Variance No. 2003-07: Reduce the minimum street side yard setback from ten-feet (10') to seven feet
(7') and reduce the minimum lot sizes for thirteen (13) residences to less than 3,500 square feet.
9)
lO)
Surrounding Land Uses and Setting: (Briefly describe the project's surroundings).
The subject property is vacant irregular shaped excess Caltrans parcels totaling approximately 176,500
square feet or 4.05 acres in area. The subject property is within an area that has a mix of single-family
and multiple-family residential land uses as follows:
Subject:
South:
North:
East:
West:
Three (3) vacant lots
1-105 (Century) Freeway
Fernwood Avenue then Single-Family and Multi-Family Residential
Vacant commercial
Bullis Road then vacant Multi-Family Residential designated property
Other agencies whose approval is required:
agreement).
Southern California Edison
Los Angeles County Public Works Department
Los Angeles County Fire Department
Environmental Factors Potentially Affected:
(e.g., permits, financing approval or participation
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Land Use and Planning
Population and Housing
X Geological Problems
X Water
X Air Quality
X Transportation/Circulation
Biological Resources
Energy & Mineral Resource
Hazards
X Noise
Mandatory Findings of Significance
Public Services
__Utilities & Service Systems
X Aesthetics
__Cultural Resources
Recreation
Determination:
(To be completed by the Lead Agency.)
On the basis of this initial evaluation:
! find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because the mitigation measures described on
an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared.
find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect on the environment, but at least
one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "potentially significant impact" or "potentially
significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
there WILL NOT be a significant effect in this case because all potentially significant effects
(a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and
(b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or
mitigation measures that are imposed upon the proposed project.
Signature
GRANT TAYLOR, DIRECTOR
DEVELOPMENT SERVICES DEPARTMENT
CITY OF LYNWOOD
Printed Name/~tle For
Evaluation of Environmental Zmpacts:
1)
A brief explanation is required for all answers except "No Impact" answers that are adequately supported
by the information sources a lead agency cites in the parenthesis following each question. A "No Impact"
answer if adequately supported if the referenced information sources show that the impact simply does
not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No
Impact" answer should be explained where it is based on project-specific screening analysis).
2)
All answers must take account of the whole action involved, including off-site as well as on-site,
cumulative as well as project-level, indirect as well as direct, and construction as well as operational
impacts.
3)
"Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant.
If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR
is required.
4)
"Potentially Significant Unless Mitigated Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact."
The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to
a less than significant level (mitigation measures from Section XV~I, "Earlier Analyses," may be cross-
referenced).
s)
6)
Earlier analyses may be used where, pursuant to the tiering, program E[R, or other CEQA process, an
effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D).
Earlier analyses are discussed in Section XVI! at the end of the checklist.
Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside
document should, where appropriate, include a reference to the page or pages where the statement is
substantiated. A source list should be attached, and other sources used or individuals contacted should
be cited in the discussion.
Potentially
Significant
PotenUally Unless Less Than
Significant NiUgaUon Significant No
Impact Incorporated Impact Impact
Zssues (and Supporting InfomlaUon Sourcas):
Would the proposal result in potential impacts involving:
%. LAND USE AND PLANNTNG. Would the proposal:
a) Conflict with general plan designation or
zoning? (Source(s): )
b)
The General Plan Land Use Map Designation is Multi-Family Residential. The project requires approval of a conditional
use permit, tentative tract map, variance, zone change, and environmental assessment. The project is consistent with
the General P~an Land Use Nap, goals and policies set forth in the Land Use and Housing Elements.
Conflict with applicable environmental plans
or policies adopted by agencies with judsdiddon
over the project? ( )
Discussion:
c)
The soil may be in a liquefaction or expansive soil area. Soil repor'~s will be required with submittal of plans for building
plan check pdor to permits.
Be incompatible with existing land use in
the vicinity? ( )
d)
e)
Discus~on:
The project vicinity contains a mixture of single-family and multi-family residential properties along the north side of
Femwoed Avenue. Exterior lighting would be shielded and directed away from adjacent properties. Conditions of
approval would be implemented to include but not be limited to landscaping, extedor colors, fencing, handicap access,
parking, lot coverage, etc.
Affect agricultural resources or operaUons
(e.g., impacts to soils or farmlands, or impacts
from incompatible land uses)? ( )
Disrupt or divide the physical arrangement of
an established community (including a Iow
income or minority community)? ( )
potenUally
Significant
Impact
PotenUally
Significant
Unless
MiUgaUon
Zncorporated
Less Than
Significant
Impact
No
Impact
II.
POPULATION AND HOUS/NG. Would the proposal:
a) Cumulatively exceed o~cial regional or local
papulaUon projections? ( )
b)
Induce substantial growth in an area either
diredJy or indirectly (e.g., through projects in
an undeveloped area or extension of major
infrastructure)? ( )
c)
Displace existing housing, especially affordable
housing? ( )
IlL
GEOLOGZC PROBLEMS. Would the proposal result
in or expose people to potential impacts involving:
a) Fault rupture? ( )
b) Seismic ground shaking? ( )
c)
d)
e)
0
g)
h)
XX
XX
Discussion:
There are no active fault zones in the vicinity of the subject property. However, earthquakes of large magnitude could
create seismic ground shaking. The residences would be plan checked and inspected to ensure seismic retrofit and
compliance with the California Building Code.
Seismic ground failure? ( ) XX
Seiche, tsunami, or volcanic hazard? ( ) XX
Landslides or mudflows? ( ) XX
Erosion, changes in topography or unstable soil XX
conditions from excavation, grading, or fill? ( )
Discussion:
The :L76,500 square foot property would be graded and developed with thirty-nine (39) homes and seven pocket parks
that would include,, concrete, asphalt and landscaping. The project may significanUy alter drainage pa~ems and grading
could create erosion in the short term during construction, however, detailed grading and drainage plans would be
required and the property would be inspected to ensure cede compliance.
Subsidence of the land? ( ) XX
Expansive soils? ( ) XX
Discussion:
The City is within a liquefaction area and soil compaction may be an issue. A detailed soils report would be required
dudng plan check and prior to issuance of building permits.
Unique geologic or physical features? ( ) XX
WATER.
a)
b)
c)
d)
e}
g}
h}
Potentially
Significant
Potentially Unless Less Than
Significant Plitigation Significant No
Impact Incorporated Impact Impact
Would the proposal result in:
Changes in absorption rates, drainage patterns,
or the rate and amount of surface runoff? ( )
Discussion:
Development of thirty-nine (39) residences and seven pocket parks would require that the currently vacant property
would have structures, fences, driveways and landscaping, thereby altedng absorption rates and drainage panels. The
City will require detailed grading and drainage plans to ensure proper drainage and protect properties in the vidnity.
Exposure of people or property to water
related hazards such as flooding? ( )
Discussion:
The subject property is not within a lO0-year flood zone, however, grading and paving would alter drainage patterns.
The City will require grading and drainage plans to be checked and approved by the Department of Environmental
Services.
Discharge into surface waters or other alteration __
of surface water quality (e.g., temperature,
dissolved oxygen or turbidity)? ( )
Changes in the amount of surface water in
any water body? ( )
Changes in currents, or the course or direction
of water movements? ( )
Change in the quantity of ground waters, either
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations, or through substantial loss of
groundwater recharge capability? ( )
Altemcl direction or rate of flow of groundwater? __
Impad~ to groundwater quality? ( )
Discussion:
ConstruCtion activities and development of thirb/-nine (39) residences may have short and long term impacts. A Standard
Urban Stormwater Mitigation Plan will be required pursuant to the Regional Water Quality Control Board to screen and
filter contaminants.
Substantial mduchon in the amount of
groundwater otherwise available for
public water supplies? ( )
AIR qUALIFY. Would the proposal:
a) Violate any air quality standard or contribute to
an existing or proje~ed air quality violation? (
Discussion:
Construction activities and vehicle trips to residences may affect air quality. Hours and days of construction would be
limited to Monday through Saturday from 7:00 a.m. to 7:00 p.m. Vehide trips for single-family would not greatly increase
pollutants.
PotenUally
Significant
PotenUally Unless Le~s Than
Significant MiUgaUon Significant No
Zmpact Zncorporatecl Zmpac~ Zmpac~
b)
Expose sensitive receptors to pollutants? ( )
Discussion:
c)
d)
Residential pmberbes in the immediate vicinity may be affected in the short-term by grading and construe'don activities.
The applicant would be required to wet the site daily to reduce fugitive dust emissions during construction. Vehide trip
ends for single-family residences would not significantly impact air quality.
Alter air movement, moisture, or temperature,
or cause any change in climate? ( )
Create objectionable odors? ( )
Discussion:
Odors may be present in the short-term dudng construction. The applicant would be required to comply with all local,
state, and federal code reduirements pertaining to air quality. Days and hours of construction would be limited to
Monday through Saturday from 7:00 a.m. to 7:00 p.m. to protect the health, and safety of persons in the vidnity.
TRANSPORTATZON/CZRCULAT~ON.
Would the proposal result in:
a) Increased vehicle trips or traffic congestion? ()
Discussion:
b)
Thirty-nine (39) residences would increase vehicle traffic, however, the project is consistent with the PRD (Planned
Residential Development) zoning and development in the vicinity. Femwood Avenue is adequate in width to
accommodate single-family residences. Atlantic Avenue, Bull[s Road and other roads can accommodate the added trips.
Hazards to safety from design features (e.g.,
sharp curves or dangerous intersection) or
incompatible uses (e.g., farm equipment)? (
Discussion:
Residences would face each other and the access driveways would be T-shaped and located adjacent to Fernwood
Avenue. Traffic vision is clear in beth directions.
c)
to nearby uses? ( )
Discussion:
The applicant will be reduired to maintain adequate vehicle access and the driveways shall remain dear and accessible to
vehicles at all times.
d) Insufficient parking capacity on-site or off-site?
Discussion:
e)
The applicant wil[ be r~uired to provide a two-car garage for each residence. Such garages shall remain clear and
accessible for vehicle parking at all times. Parking is also available in front of garages in driveways.
Hazards or barriers for pedestrians or bicyclists? __
Conflicts with adopted policies supporting
altemative transportation (e.g., bus turnouts,
bio/de racks)? ( )
g) Rail, waterborne or air traffic impacts? ( )
Potentially
Significant
Zmpac~
Potentially
Significant
Unless
HitigaUon
Zncorporated
Less Than
Significant
Zmpact
No
~mpac~
BZOLOGZCAL RESOURCES.
Would the proposal result in impacts to:
a) Endangered, threatened, or rare species or their
habitats (including but not limited to plants, fish,
insects, animals, and birds)? ( )
Locally designated spocies (e.g., heritage trees)? __
b)
c}
d)
e)
Locally designated natural communities
(e.g., oak forest, coastal habitat, etc.)? ( )
WeUand habitat (e.g., marsh, riparian, and
vernal pool)? ( )
Wildlife dispersal or migration corridors? ( )
V/II.
ENERGY AND F41'NERAL RESOURCES.
Would the proposal:
a) Conflict with adopted eneroy conservation plans? __
b) Use non-renewable resources in a wasteful and
inefficient manner? ( )
c) Result in the loss of availability of a known
mineral resource that would be of future value
to the region and the residents of the State? ( )
IX.
HAZARDS. Would the proposal involve:
a)
A risk of accidental explosion or release of
hazardous substances (including, but not limited
to: oil, pesticides, chemicals, or radiation? ( )
Discussion:
b)
c)
Construddon activiUea and vehicles would require hazardous materials in the short-term. Frequent property inspections
will be made by the City to ensure the public health, safety and general welfare. Upon project completion, no hazardous
materials are expected in the residences.
Possible interference with an emergency response
plan or emergency evacuation plan? ( )
The creation of any health hazard or XX
potential health hazard? ( )
Discussion:
Construddon activities in the short-term may create noise, dust, odors, etc. Days and hours of construddon will be limited
and the project site watered daily. Regular site inspections will be performed by City
d)
e)
Exposure of people to existing sources
or potential health hazards? ( )
Increased fire hazard in areas with flammable
brush, grass, or trees? ( )
PotenUally
Significant
PotenUally Unlees Less Than
Significant MiUgation Significant No
Xmpact Xncorporated Xmpact Xmpact
NOXSE.
a)
b)
Would the proposal result in:
Increases in existing noise levels? ( ) )0(
Discussion:
Construction activities in the short-term would increase ambient noise levels. Days and hours of construction would be
limit~i to Monday through Saturday from 7:00 a.m. to 7:00 p.m. The residences would have acoustical features to
reduce noise levels and be in compliance with the City's Noise Ordinance.
Exposure of people to severe noise levels? ( ) xx
Discussion:
Construction activities in the short-term would increase noise levels in the vicinity. Days and hours of construction would
be limited. Upon project compleUon, the thirty-nine (39) residences are not expected to substantially increase noise
levels.
PUBLIC SERV/CES. Would the proposal have an
effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection? ( )
b)
c)
d)
e)
Discussion:
Thirty-nine (39) residences may require additional fire protection. The Los Angeles County Fire Department has two
locations in the City of Lynwood capable of responding.
Police protection? ( ) XX
Discussion:
Thirty-nine (39) residences may require additional police services. The LOS Angeles County Shedff Department has
adequate resources to respond to service calls.
Schools? ( ) XX
Discussion:
Thirty-nine (39) residences would include school age children. The Lynwood unified School District is in the process of
implementing their facility master plan to add to existing schools, and constnJct additional schools to accommodate
projected student growth.
Haintenance of public facilities, including roads7 )o(
Discussion:
Thirty-nine (39) residences would increase wear and tear on streets in the vicinity. The developer will repair any
damaged street area and the City has budgeted for future street improvements in the vicinity.
Other govemmental services? ( ) XX
x'rL
UT~LTTZES AND SERVICE ~Y~rEMs. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilizes:
a) Power or natural gas? ( )
b)
c)
d)
e)
0
AESTHETZCS. Would the proposal:
a) Affect a scenic vista or scenic highway? (
b)
PotenUally
Significant
PotenUally Unless Less Than
Significant MiUgaUon Significant No
Impact Zncorporated Impact Impact
c)
Communications systems? ( )
Local or regional water treatment or
distribution facilities? ( )
Storm water drainage? ( ) XX
Discussion:
The project will include structures and paving that may increase storm water drainage. The applicant would be required
to comply with the City of Lynwoed Standard Urban Storm Water Mitigation Plan Ordinance to ensure proper drainage
and that pollutants are treated prior to entering storm drains.
Solid waste disposal? ( ) XX
Discussion:
Thirty-nine (39) residences would increase solid waste. The City's solid waste contractor is capable of providing services
to the project.
Local or regional water supplies? ( ) XX
) XX
Have a demonstrable negative aesthetic effect? XX
Discussion:
The project has been reviewed and checked to ensure harmony with the existing residences in the vidnity. The
residences would consist of stucco siding, concrete tile roofs, adequate landscaping, block walls with climbing vines and
concrete driveways. The two-story structures are consistent with development in the area.
Create light or glare? ( ) XX
Discussion:
The residences will require exterior lighting. A detailed lighting plan will be required that identifies light intensities and
that such lights are shielded and directed away from adjacent properties. Construction days and hours will be limited.
X13/. CULTURAL RESOURCES. Would the proposal:
a)
b)
c)
d)
d)
Disturb paleontology resources? ( )
Disturb archaeological resources? ( )
Affect historical resources? ( )
Have the potential to cause a physical change
that would affect unique ethnic cultural values?
Restrict existing religious or sacred uses within
the potential impact area? ( )
PotenUally
Significant
Impact
Potentially
Significant
Unless
MiUgaUon
Incorporated
Less Than
Significant
Zmpact
No
Zmpact
RECREATZON. Would the proposal:
a) Increase the demand for neighborhood or
recjiona[ parks or other recreational facilities? ( )
b) Affect existing recreational opportunities? ( )
IqANDATORY F~NDZNGS OF SZGNZF~CANCE.
a)
b)
Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a plant
or animal community, reduce the number or restdct
the range of a rare or endangered plant or animal,
or eliminate important examples of the major
periods of California history or prehistory?
Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals?
Does the project have impacts that are
individually limited, but cumulatively considerable?
("CumulaUvely considerable' means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects,
and the effects of probable future projects.)
d)
Does the project have environmental effects
which will cause substantial adverse affects
on human beings, either directly or indirectly?
XVZZ. EARlIER ANALYSZS.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or
more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b)
Tmpacts adequately addressed. Tdentify which effects from the above checklist were within
the scope of and adequately analyzed in an earlier document pursuant to applicable legal
standards, and state whether such effects were addressed by mitigation measures based on the
earlier analysis.
c)
Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document
and the extent to which they address site-specific conditions for the project.
Authority: Public Resources Code Sections 21083 and 21087,
Reference: Public Resources Code Sections 21080(c), 21080.1, 21080.3, 21082.1, 21083,
21083.3, 21093, 21094, 21151; Sundstrom v. County of Mendocino, 202 CaI.App.3d 296 (1988);
Leenoff v. Monterey Board of Supervisors, 222 CaI.App.3d 1337 (1990).
AGENDA ITEM NO. 11
CASE NO. ZOA NO. 2004-02
DATE:
TO:
FROM:
SUB3ECT:
November 9, 2004
Honorable Chair and IVlembers of the Planning Commission
Grant Taylor, Director of Development Services
Zoning Ordinance Amendment No, 2004-02
Update Lynwood Zoning (:;ode, Chapter 25
PROPOSAL
For the Planning Commission to review, discuss, revise and provide direction to staff
regarding updating Chapter 25 of the Lynwood Municipal Code. At the last regular
meeting on October :[2, 2004 staff distributed copies of the Draft Zoning Ordinance for
review and discussion at the next meeting.
The City Council approved a major update to the Lynwood General Plan on September 9,
2003. The Zoning Ordinance, Chapter 25 of the Lynwood Municipal Code has not
undergone a major update in years. The current zoning code is outdated and inconsistent
with the General Plan. On February 17, 2004 the City Council approved a request by staff
to advertise a Request for Proposal (RFP) for a consulting firm to draft a new zoning
ordinance. Staff advertised the RFP in three (3) newspapers to include the Press
Telegram, Lynwood Press and Lynwood .1ournal. On April 6, 2004 the City Council
approved a contract with I~lichael .1. Wagner & Associates, Inc. to work with staff to
prepare an update of the zoning code.
DISCUSSION & ANALYSIS
The purpose of drafting a new comprehensive Zoning Ordinance is to implement the
goals and policies of the General Plan Update of September 9 2003. A current zoning
ordinance would allow staff to perform routine updating of the zoning ordinance, remove
existing inconsistencies, and address specific concerns.
The new General Plan calls for the creation of four (4) new zoning districts (Public Facility,
Open Space, Specific Plan Area and Civic Center Overlay). The new zoning code will be
well organized, remove inconsistencies, add the new zoning designations and implement
goals and policies of the updated General Plan.
Environmental review and documentation has been prepared consisting of an Initial
Study/Mitigated Negative Declaration.
The General Plan is the State mandated document that sets forth the proposed zoning,
development, goals and policies for land use for the next twenty (20) years. The zoning
ordinance is the tool that implements standards set forth in the General Plan.
Michael Wagner was the consultant who performed the General Plan Update and
associated Environmental Impact Report. Mr. Wagner has the expertise and City of
Lynwood background knowledge to draft the new zoning ordinance,
Please bring your Dratt Zoning Ordinances to the meeting.
RECOHH ENDATION
Staff recommends that the Planning Commission provide comments, questions,
revisions and direct staff to bring back an updated copy of the Draft Zoning Ordinance
with applicable environmental documentation for public hearing at the next regular
meeting on December 14, 2004.
AGENDA ITEM NO. 1--2
CASE NO. CEQA
DATE:
TO:
FROIq:
SUB3ECT:
November 9, 2004
Honorable Chair and Members of the Planning Commission
Grant Taylor, Director of Development Services
Presentation: California Environmental (~uality Act (CE(~A)
PROPOSAL
For the Planning Commission to accept a brief presentation from staff pertaining to State
Law for the California Environmental Quality Act (CEQA) guidelines, process and
procedure.
BACKGROUND
State Law requires that land use proposals be reviewed for potential impacts on the
environment. The California Environmental Quality Act was enacted to perform such
review, determine the extent of the review, review alternatives, implement mitigation
measures and prepare statements of overriding consideration.
DZSCUSSZON & ANALYSTS
The California Environmental Quality Act was enacted in 1970 to provide statewide goals,
policies and regulations for the protection of the environment. CEQA applies to all state
and local agencies in California and to private activities that the agencies finance or
regulate.
To comply with CEQ^, agencies must go through certain procedures in making decisions
so as to ensure that the agencies consider and respond to the environmental effects of
their decisions. CEQA requires agencies to disclose the environmental effects of their
proposed decisions and to search for ways to reduce or avoid environmental damage that
could result from such decisions.
The California Environmental Quality ACt ;~rimarily consists of six (6) regulatory
procedures as follows:
Exempt Activities
2) Initial Study
3) Negative Declarations
4) Mitigated Negative Declarations
5)
Dralt Environmental Impact Reports (EIR's)
· Summary
· Project Description
· Significant Effects
· Mitigation Measures
· Alternatives
· Long Term verses Short Term
· Growth Inducing
· Effects not Significant
· Consultations
6) Final EIR's
· Notices
· Persons Consulted
· Comments
· Responses
RECOMMENDATtON
Staff recommends that the Planning Commission receive and file.
Attachment:
Flow Chart
2
4.5111] CALIFORNIA ENVIRONMENTAL QUALITY ACT 444
CEQA PROCESS FLOW CHART
IPublic agency determines
whether the activity is a ~ Not a project
'~roject" ,
I
Project
Public agency detarm~es i~ ~ Statutory exemption
the pro~ ~ ,xempt C. tago.¢,l exem.tio.
Public agency eval~tes project to !
determine if there is a possibility ~__ __ No possible significant _ __
~ that the project m~y have a sig- I effect
I nificant effect on environment .J . I
I No further
required under
Possible sisn[ficant effect
ICEQ^
IOetermination o! lead agency whereI
more than I public agency is
involved
i~e ag,ncy
Lead agency prepares initial
study
Respond to in, cema! ~
~onsultation /Lead agency decision to prepare
-~-~EIR or Nagative Declaration
/
~-----I Lead agency sends Notice of
, / I preparation to responsible agency
Respond to Notice of Pre-r- t i
pat&tion as to contents o! [--Consultation
draft EIR ~ Lead agency prepares draft F. IR I
I '
~Le~d ~genc¥ files Notice of ~om-I
~[pletion and gives public notice of I
o, ¢=-uitation
~ Lead agency prepares final E~,
including responaes to comments
en draft
I
DecLfion making body considers
first EIR o~ Negative Oecleratio~
prepared by lead agency
Findings on feaslLuity of reducing
or avoiding significant environ-
me~taJ eJfect$
jDe:ision on Foj~"tI
State age~ncies// Local ~.as
F'de I~otice of
Consideration and approval of
final EI~ by decision making
body
I
Findings on feasiblity of reducing
or avoiding significant environ-
mental effects ,
File Notice of
Determination with
County Clerk
State agencies Local agencies
/ '~ ~----------
ISecretary [or ResOUrces ~>un~