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HomeMy Public PortalAbout2007-06-12 PLANNING COMMISSION - item12 AGENDA ITEM # 12 CUP NO. 2007-12 VAR NO. 2007-04 DATE: June 12, 2007 TO: Honorable Chair and Members of the Planning Commission FROM: BY: Grant Taylor, Director of Development Services Karen Figueredo, Planning Assistant SUBJECT: CONDITIONAL USE PERMIT No 2007-12 VARIANCE 2007-04 11694 Atlantic Avenue Assessor Parcel Number 6189-026-053 APPLICANT: Tanya Lam PROPOSAL The applicant is requesting approval to develop a one-story commercial building 1,275 square feet in area with a 411 square foot mezzanine for storage. Six (6) parking stalls are provided including one handicap stall. In addition, the applicant is requesting approval of a variance to reduce the required rear yard setback from three (3') to zero feet (0'). The subject property totals 6,412 square feet in area and is located on the northeast corner of Atlantic Avenue and Fernwood Avenue. ANALYSIS & DISCUSSION The site plan identifies the structure located at the rear of the property with six (6) parking stalls including one handicap stall. Vehicle access would be provided from Fernwood Avenue. A total of 532 square feet of landscaping or 8% is provided. The trash enclosure is located at the front of the property. The floor plan identifies a large shop area, a 137 square feet office and a 64 square feet bathroom. In addition, a 411 square foot mezzanine is proposed for storage. Elevations indicate a one-story structure 19'-6" in height consisting of stucco siding with hard/ceramic tiles details and spanish clay roof. 1 ENVIRONMENTAL REVIEW The Development Services Department has determined that the project is categorically exempt from California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15303 (c). RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 3184 and 3185 approving Conditional Use Permit No 2007-12 and Variance No 2007-04. Attachments: 1. Project Profile 2. Location Map 3. Resolution 3184 and 3185 4. Plans 2 PROJECT PROFILE CONDITIONAL USE PERMIT No 2007-12 VARIANCE 2007-04 11694 Atlantic Avenue (6189-026-053) 1. Source and Authoritv Lynwood Municipal Code (LMC) Section 25.25 sets forth development standards in commercial zones. 2. Prooertv Location and Size The subject property totals 6,412 square feet in area. The project proposes to develop a one-story commercial building with a 411 square foot mezzanine for storage. Six (6) parking stalls are provided including one handicap stall. In addition, the applicant is requesting approval of a variance to reduce the required rear yard setback from three (3') to zero feet (0'). 3. Existing Land Uses Site North: South: West: East: Develooed Heavy Commercial Open Space Heavy Commercial Townhouse and Cluster Housing 4. Land Use Designation The subject property has a General Plan Designation of Townhouse and Cluster Housing and the current zoning is C-3 (Heavy Commercial). The adjoining properties General Plan and Zoning designations are as follows: Site North: South: West: East: General Plan Heavy Commercial Open Space Heavy Commercial Townhouse and Cluster Housing Zoning C-3 (Heavy Commercial) C-3 (Heavy Commercial) R-2 (Two-Family Residential) 3 5. Site Plan Review The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions set forth in Resolution 3184 and 3185. 6. Code Enforcement Historv None at the time of this report. 7. Public Resoonse None at the time of this report. 4 r " 1/ 'I-H I~'\'i, LJ r..~) ~ ~j , -,"" ~ r ~. ',>- 'o"r- , ~ '00 .0 IT~ /05' 31 " ... N CASE No,: CUP ?nn7_1? .. YO" ~OQ7-0~ SITE ADDRESS: 11694 Atlantic Avenue APPLICANT: Tanya Lam 300' RADIUS MAP fxl 500' RADIUS MAP [ 1 RESOLUTION 3184 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF L YNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2007-12, TO CONSTRUCT A COMMERCIAL BUILDING, ONE-STORY IN HEIGHT ON PROPERTY LOCATED AT 11694 ATLANTIC AVENUE, ASSESSOR PARCEL NUMBER 6189-026-053, IN THE C-3 (HEAVY COMMERCIAL) lONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on June It'', 2007 conducted a public hearing; and WHEREAS, the Planning Commission considered all testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is categorically exempt from the provisions set forth in the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15303(c); therefore Section 1. The Lynwood Planning Commission hereby finds and determines as follows: A. That the proposed Conditional Use is consistent with the General Plan. The General Plan Designation for the subject property is Commercial and is consistent with the C-3 zoning designation. The project is consistent with the General Plan policies and goals. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building, or structures; The project would be consistent with the C-3 zone pertaining to density and would satisfy all development standards to include but not be limited to setbacks, building height, landscaping and parking. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. 1 The site is appropriate in size to house the proposed new structures consistent with the C-3 zone specifications. D. That the proposed conditional use complies with all applicable development standards of the zoning district; and The project would comply with all development standards set forth in the LMC. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The project would comply with all development standards set forth in the LMC. Section 2. The Lynwood Planning Commission hereby approves Conditional Use Permit No. 2007-12, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use must be acted upon within one year. The Conditional Use Permit shall become null and void 365 days from the date of approval if not acted on within this period. One extension of 1 year 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. 2. All appeals must be brought within ten (10) working days of the date of the final action by the Development Services Director, or Planning Commission. 3. 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. 4. The project shall be developed in accordance with the plans approved by the Lynwood Planning Commission and on file in the Development service Department, Planning Division. 5. 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. 6. The property owner or his/her representative, shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions 2 of this resolution prior to submission to the Building and Safety Division for plan check. 7. Conditions of approval shall be printed on plans (cover sheet) prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION 8. Six (6) parking stalls shall be provided measuring 9' by 20' each. 9. Landscaping shall be a minimum of seven (7%) of the lot area. Such landscaping shall include a permanent irrigation system. 10. Landscaping and irrigation shall be installed in accordance with a detailed Landscaping Plan to be submitted and approved by the Planning Division prior to the issuance of any building permits. 11. The required front, rear, and side yards shall be landscaped and shall consist predominantly of plants/vegetation except for necessary walkways, driveways and fences. 12. A six foot high solid and sight obscuring block fence shall be installed on the north and east side of the property. 13. No fence or wall shall be constructed until a permit is obtained from the Planning Division. Block walls require a building permit. 14. Structures shall consist of non-reflective materials to include brick, stucco, wood, metal, concrete, or other similar materials. 15. 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. 16. All driveways shall be permanently paved, maintained and remain clear and accessible for vehicle access at all times. 17. Acoustical construction materials shall be used throughout the units to mitigate exterior noise to the standards and satisfaction of the Building and Safety Division. 18. 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 and shall meet required setbacks. Such equipment shall be screened 3 from surrounding properties and streets and operated so that they do not disturb the peace, quiet and comfort of the neighboring residents, in accordance with the City's Noise Ordinance. 19. 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. 20. All structures shall consist of neutral or earth tone colors reviewed and approved by the Development Services Department, Planning Division. Trim and architectural features may consist of bright colors. 21. Prior to plan check developer/property owner shall submit color sample and obtain paint permit from the Planning Division. 22. A written request for new address shall be submitted to the Planning Division prior to plan check. 23. Address numbers for each tenant space shall be maintained at all times. Such address numbers shall be subject to approval of the Los Angeles County Fire Department. 24. The applicant shall provide exterior lighting on the property and structures and identify location and intensity of such lights on the site plan prior to submittal for building plan check. 25. The applicant shall provide a security plan identifying security measures to include but not limited to: cameras, alarms, officers, locks, etc. 26. Prior to the installation of signs, the applicant or tenant shall submit detailed plans and obtain applicable permits. 27. Business owner or tenants may not install flashing signs, roof signs, portable signs, including A-frames and sandwich boards. Business owner may not paint any wall signs, place inflatable signs, balloons or flags, and may not place any sings in the public right of way. Sings shall not be installed on trees, light poles, fences or landscaping features. 28. All vehicle access and parking areas shall be permanently paved and maintained with concrete. Parking stalls shall be delineated and provide concrete bumper stops. Handicap parking and access shall be in compliance with ADA standards. 4 29. The trash enclosure shall be maintained and rubbish disposed of to address the needs of the tenants. 30. The property shall be maintained in a neat, clean and orderly manner at all times. 31. Solid waste shall be contracted from the City approved contractor. Water services shall be obtained from the City of Lynwood. 32. All contractors working on the project must have current business license issued by the City of Lynwood. 33. This project is subject to the City of Lynwood's Development Impact and Art Fees. City of Lynwood Ordinance No 1575. BUILDING AND SAFETY DIVISION 34. 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 National Electric Code-2004 edition; All as amended by the California Building Code 2004. 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 provision shall govern. PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION 35. Submit a drainage plan. Drainage will be checked by the Department of Public Works/ Engineering Division. No permits will be issued prior to the approval of the drainage plan. 36. Reconstruct damaged sidewalk, along Atlantic Avenue and Fernwood Avenue. 37. Close existing drive approach and construct proposed drive approach(es) per APWA standards. 5 38. Access through the rear alley is not allowed. Alley will be vacated in the future. 39. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six (6") inches. When connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integrity by providing a videotape of the lateral to the Department of Environmental Services/Engineering Division. Any and all existing sewer laterals less than six inches (6'') in diameter shall be abandoned at the property line per City instructions. 40. Install one (1) 36" box street tree(s) per APWA standards along Fernwood Avenue. Species to be determined by Public Works. A permit to install the trees is required by the Engineering Division. Exact location of the trees will be determined at the time the permit is issued. 41. A permit from the Engineering Division is required for all off-site improvements. 42. All required water meters, meter service changes and/or fire protection lines shall be installed by the developer. Each building shall be connected separately. The work shall be performed by a license contractor hired by the developer. The contractor must obtain a permit from the Department of Environmental Services/Engineering Division prior to performing any work. Any and all existing water service lines less than one inch (1'') in diameter shall be abandoned at the water main line per City instructions. Each building/tenant shall have its own water service/meter. This area is serviced by Park Water Co. 43. This development is subject to the City's Standard Urban Stormwater Mitigation Plan Ordinance (SUSMP) Pursuant to section 14.113 of the City for Lynwood Municipal Code relating to the control of pollutants carried by storm water 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 Engineer Division. 44. This project is subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost estimate to the Department of Environmental Services. Building permits and/or demolition permits shall not be issued until developer/project owner contacts the Department of Environmental Services, Division of Public Works. 6 45. This project is subject to the City of Lynwood's Development Impact Fees, City of Lynwood Resolution No. 2006.067 LOS ANGELES COUNTY FIRE DEPARTMENT 46. The applicant shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040, or contact them at (323) 890-4243. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. Section 3. A copy of Resolution 3184 and its conditions shall be delivered to the applicant. APPROVED AND ADOPTED this 12th day of June, 2007, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Lourdes Castro Ramirez, Chair Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Grant Taylor, Director Development Services Department Ron Wilson, City Attorney City of Lynwood 7 RESOLUTION NO. 3185 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2007-04, REDUCING SIDE SETBACKS FROM 5 FEET TO 3 FEET AND REAR SETBACK FROM 5 FEET TO 0 FEET IN CONJUCTION WITH THE DEVELOPMENT OF A 1,275 SQUARE FOOT COMMERCIAL BUILDING ON PROPERTY LOCATED AT 11694 ATLANTIC AVENUE IN THE C-3 (HEAVY COMMERCIAL) ZONE, FUTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6189- 026-053, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning commission, pursuant to law, on June 12th, 2007 conducted a public hearing; 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( c), therefore; Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. There are exceptional or extraordinary circumstances or conditions applicable to the property which does not apply generally to other properties in the same vicinity and zone. B. The variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question. C. Granting the variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity. 1 D. Granting the variance will be consistent with the spirit and intent of the Zoning Code. E. The variance will not grant special privilege to the applicant. F. The variance request is not consistent with the General Plan of the City of Lynwood. Section 2. The Planning Commission of the City of Lynwood hereby approves Variance No. 2007-04, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The variance must be acted upon within one year. The variance shall become null and void 365 days from the date of approval if not acted on within this period. One extension of one (1) year may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Planning Commission. 2. 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. 3. 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. 4. 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. 5. 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. 2 BUILDING AND SAFETY DIVISION 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 - 2001 edition; >- The National Electric Code - 2004 edition; All as amended by the California Building Code of 2004. 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 7. 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. Fire Department approval is required prior to the issuance of Building Permits. Section 3. A copy of Resolution 3185 shall be delivered to the applicant. APPROVED AND ADOPTED this 12th day of June, 2007 by members of the lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: 3 APPROVED AS TO CONTENT: Grant Taylor, Director Development Services Department Lourdes Castro Ramirez, Chair Lynwood Planning Commission APPROVED AS TO FORM: Ron Wilson, City Attorney City of Lynwood 4