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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. -5- I~OwnerS~ip Map 300' ~Site: 10910 Long Beach BIv~) ii ® / CODE I I 9o 1:6191-OOS-021thru 024 I I I I I I I I I ' I I I I I I )~ / ®/® I I 28 A M Mapping Service ! I I / / I / / I 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~