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HomeMy Public PortalAbout2007-09-11 PLANNING COMMISSION AGENDA LYNWOOD PLANNING COMMISSION MEETING CITY HALL COUNCIL CHAMBERS 11330 BULLIS ROAD ~' LYNWOOD, CA 90262 September 11, 2007 6:30 P.M.. Kenneth West Vice Chair William Araujo ~~ Commissioner "' Lourdes Castro-Ramirez a Chair Rita Patel Commissioner Dr. Carlos Manlapaz Commissioner Pic ~~cEiv~~ CITYpF LYNWOOP CITYCL£RK~ tl~€ICE SEP 0 6 2007 7~8t~3~fQtu-~~3i~'i 3~~t5~6 ~ ' ~ ~ ,: Juan Enciso Commissioner Bill Younger Commissioner COMMISSION COUNSEL Law Office of Ronald Wilson STAFF Jonathan Colin, Gabriel Elliott, Dev. Services Manager Interim Director ~iberly Gonzalez, Administrative Analyst I city of ~YNWOOD ~, lL-AMERIU CITY ~ City ~tAeeting ChaQQenges 11 I (~ I 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603-0220 PLANNING COMMISSIONERS Karen Figueredo, Planning Assistant i ~~ENING CEREMONIES 1. Call meeting to order. 2. Flag Salute. 3. Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minutes of Planning Commission Meetings: August 14, 2007 SWEARING IN SPEAKERS 6. The Lynwood Planning Commission shall swear in all persons wishing to testify on any item listed on the Planning Commission Agenda. Residents shall swear to tell the truth, the whole truth and nothing but the truth. JBLIC ORALS 7. At this time, any member of the public may comment on any issue within the jurisdiction of the Planning Commission that is not on the Agenda. Members of the public may also comment at this time on any Agenda Item that is not scheduled for a public hearing. To preserve continuity, the Planning Commission Chair may, at his/her discretion, request members of the public wishing to comment on Agenda Items for which public hearings are not scheduled to hold their comments until just prior to the Commission's discussion of the Agenda Item in question. CONTINUED PUBLIC HEARINGS 8. Conditional Use Permit No. 2007-14 Tentative Tract Maa 2007-03 (692831 Variance No. 2007-05 APPLICANT: Alan Ream 11339-11341 Louise Avenue APN 6194-023-043 2 Proposal Request to convert fourteen (14) existing apartments into residential condominiums, subdivide airspace on one lot for condominiums, variance to reduce parking from required minimum of 32 stalls to 26 stalls. Recommendation Staff recommends that the Planning Commission select one of the three following options: A. Deny Conditional Use Permit No. 2007-14 to convert fourteen (14) residential apartments into fourteen (14) residential condominiums. B. Approve Conditional Use Permit No. 2007-14 to convert fourteen (14) existing condominiums into twelve (12) residential condominiums. C. Approve Conditional Use Permit No. 2007-14 to convert fourteen (14) existing residential apartments into residential condominiums subject meeting prevailing parking requirements prior to map recordation. 9. Brown Act and Robert's Rules of Order APPLICANT: City of Lynwood Proposal Legal Counsel brief presentation on summary of Brown Act. Legal Counsel brief presentation on motions types under Robert's Rules of Order. Recommendation Staff recommends that the Planning Commission continue the item to the next regular meeting on October 09, 2007. CONTINUED REGULAR AGENDA None NEW REGULAR AGENDA None COMMISSION ORALS STAFF ORALS i~ 3 ADJOURNMENT journ to the regular meeting of the Lynwood Planning Commission on October 09, 2007 at 6:30 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 4 AGENDA ITEM # 5 MINUTES: 08-14-2007 LYNWOOD PLANNING COMMISSION MEETING, August 14, 2007 The Lynwood Planning Commission met in regular session in the City Hall Council Chambers. Chair Castro-Ramirez called the meeting to order at 6:37 p.m. Commissioner Enciso led the flag salute. Chair Castro-Ramirez requested the roll call. Development Services Manager Colin called roll. Chair Castro-Ramirez presiding. Commissioners Younger, West and Enciso answered the roll call. Commissioners Araujo, Manlapaz and Patel were absent. Commissioner Manlapaz and Patel were excused. Also present were Agency Counsel Maurice Chenier, RBF Consultant David Barquist, Interim Public Works/Engineering Manager Joseph Kekula, Interim Development Services Director Gabriel Elliot, Development Services Manager Jonathan Colin, and Planning Assistant Karen Figueredo. Chair Castro-Ramirez inquired if the agenda had been duly posted. Development Services Manager stated the agenda had been duly posted in accordance with the Brown Act a minimum of seventy-two (72) hours prior to the meeting. Item #5: MINUTES - ]ulv 10, 2007 Vice Chair Castro-Ramirez announced agenda Item #5, Minutes of the July 10, 2007 Planning Commission meeting and asked if there were any questions or corrections. Motion by Commissioner Enciso to approve the July 10, 2007 Minutes, seconded by Commissioner Younger. Chair Castro Ramirez requested roll call. ~ Development Services Manager Colin called roll and the motion to approve minutes passed 4-0. Item #6: SwearincLIn Sneakers Chair Castro-Ramirez requested City Clerk Andrea Hooper to swear in citizens wishing to speak on any agenda item. City Clerk Hooper duly swore in all speakers. Item #7: Public Orals Chair Castro-Ramirez announced the item and stated any citizen wishing to testify on any issue under the jurisdiction of the Planning Commission may speak now. Nobody spoke during public orals. CONTINUED PUBLIC HEARINGS Chair Castro Ramirez requested to change of orders of items move Item #9 first. Item #9: Conditional Use Permit No. 2007-14 Tentative Tract Mao 2007-03 (69283] & Variance No. 2007-05 APPLICANT: Alan Ream 11339-11341 Louise Avenue APN 6194-023-043 Chair Castro-Ramirez announced new public hearing agenda item #9 and requested the staff report. Planning Assistant Figueredo presented the staff report and stated the applicant is requesting approval to convert fourteen (14) existing apartments into residential condominiums. The residences consist of six (6) buildings, two stories in height with attached one and two-car garages. The subject property is located at 11339-11341 Louise Avenue, in the R-3 (Multiple Family Residential) zone. Staff recommend the item to be continued until next meeting pending revised plans and Fire Department approval. Chair Castro-Ramirez opened the public hearing. The Planning Commission took comments from the applicant only. Applicant Chris Christenson 4817 Palm Av La Mesa, California asked if they could n present a brief slide show. The applicant explained that plans were submitted to the Fire Department for review. Chair Castro-Ramirez inquired if there were any more questions and closed public hearing. Chair Castro-Ramirez continued the public hearing by general consensus Item #8: General Plan Amendment No. 2007-01: Housing Element APPLICANT: City of Lynwood Chair Castro-Ramirez announced new public hearing agenda item #8 and requested the staff report. Development Services Manager Colin presented staff report and said that the item was continued from the last Planning Commission meeting. He indicated that the Planning Commission reviewed the draft Housing Element on April 10rn and May 8"', and on June 2"d when there was a special Planning Commission meeting and a Community Workshop in which residents shared the opportunity to identify issues, opportunities and resources. Residents provided input as well on "post it" notes. Development Services Manager Colin said the Planning Commission requested an underline version that reflected the changes that were made to the Housing Element document. He prepared a chart with some of the corrections. 1-2 underline corrections. 1-3 underline language. 2-7 two items underline and chart and footnote. 3-2 underlines language right below table 3-1. 3-3 note under chart. Chair Castro-Ramirez interrupted and asked Development Services Manager Colin to briefly explain each of the changes. Development Services Manager Colin asked the Consultant Mr. Barquist to take over the presentation and explain in more detail the changes. Counsel Cheneir also asked for the consultant to step up and explain the corrections. Consultant David Barquist with RBF responded he would give a brief summary. Chair Castro Ramirez requested to briefly explain the changes of the Housing Element document. Consultant David Barquist indicated the following: ~ Page 1-2 is an indication of the supplemental data provided for the Housing Element as opposed to the 2001 draft. Page 1-3 includes the additional supplemental citizen participation from a few months ago which was added as part of the Housing Element and as an appendix to the Housing Element document. Page 2-7 includes a notation that refers to extremely low income, which is in compliance with the new Housing Law which has to consider extremely low income at 30% or lower as an indication of quantification on the Housing Element, and it refers to tables that are shown in subsequent pages; making the assumption of 50% of the very low income will be attributed to the extremely low income. Page 3-2 includes a section that was missing in the previous Housing Element regarding over payment by tenure, and was added in reference to the extremely low income. Table 3.3 includes the same changes. Page 4-7 includes public comments related to parking standards with indications that the City believes there are no projects where the parking issue does not seem to be a problem as far as the provision of housing. ~ Page 5-2 in Chapter 5 is the policy plan which indicates the problematic elements of the Housing Element. Page 5-2 also includes Section 1.1 regarding an annual review procedure which indicates that per State Law, the requirements are starting this year, and the City has to submit an annual report to HCD. There are standard forms that the City will start using next year. In addition to the suitable, vacant and underutilized land, a tracking procedure will ensure the city tracts are available for development. Policy 1.9 indicates that there is Senate Bill, SB 520 which provides for reasonable accommodation procedures for persons with disabilities; this is a policy statement that reflects the new law since the 1998-2005 planning period. Page 5-4 includes emergencies and transitional housing, and describes a provision regarding emergency shelters and transitional housing in the community and the impact of the conditional use permit process on making that feasible. Page 5-5 shows issues of supporting housing, which relate to the funding for /~ supporting housing in the community. There are some changes with reference to the previous draft document. Page 5-6 includes Fair Housing issues related to changes with the maintenance and literature, information brochures, and includes community comments, and indications of how the city needs to get out the word. The procedure indicated next refers to "reasonable accommodations", which is in compliance with SB 520. The city does not currently have an accommodation procedure, which refers to how the City can provide accommodations for people with disabilities. The indicated policy program reflects the requirements of the State. Page 5-7 relating to the evaluation of covenant and deed restrictions was in response to some community input which was discussed. The discussion was in relation to the provision of Affordable Housing, and using deeds, covenants and restrictions to keep those affordable units through out the planning period. Page 5-8 relates to Code Enforcement programs which discuss targeting Code Enforcement areas that the City sees as problematic neighborhoods, and targeting issues in a more effective maner. There is a ,quantifying objective within the policy and quantification of the estimated program funding base in a yearly/annual review. ~. The Housing Rehab Program references the number and dollars available in response to the consolidated plan, and other funding sources, agency funding sources for example, so there is consistency with adopted plans, and other programs which provide funding for Housing and Rehabilitation. Page 5-10 indicates changes on the number of families providing assistance Page 5-11 references to CHDO Community Housing Development Organization which provide funding and seeks participation of different organizations related to inclusionary/infill development. This type of development is reflected within Redevelopment Area "A". Page 5-12 responds the concerns by HCD regarding multi-family residences. A number of policy ordinances are reflected in paragraph two which are inclusionary ordinance, density bonus ordinance and the Long Beach Specific Plan, which provide details to encourage multi family residential developments. Page 5-16 refers to income base inventory of units built and is new for the next Housing Element update. The city has the ability to say at the time of the entitlement, the market rate value of that unit, when the City needs to count credit for very low and low moderate units the city has records of the sale price. There is a revision on summary table section C updated numbers. Site analysis 1990-2005 AB 2348 is a more detailed analysis of adequate sites. It needs to be more specific on where those sites are located and the capacity. Appendix A supplement table A-1, RHNA needs an adjustment of the number of counting credit for those projected housing units that the City is developing in the planning period. Included are residents' comments regarding some double counting; the document was reviewed and the draft reflects the changes. Chair Castro Ramirez inquired about appendix A to include extremely low income individuals making 30% or less of the median income. Consultant Barquist responded that it was assumed as shown on the previous table and added that if it was the pleasure of the Planning Commission reference to the table could be added. Chair Castro Ramirez agreed and asked that it be added. Consultant Barquist continued to explain other changes as revisions on vacant land inventory. There are specific indications where the vacant land are and the ~ potential capacity of units. Some commercial zones are not counted unless there are provisions to rezone. Appendix D shows the historical sales data and some community comments were included in the document about when counting credit the income categories how the city knows the correct numbers. He explained the chart in reference to sales prices. There is also a supplemental public outreach chart with the comments of resident that were given the day of the special meeting. Chair Castro Ramirez thanked Consultant Barquist for his presentation and also commented she was glad to see the resident's comments included on the document. Chair Castro Ramirez commented she had some minor points related to page 2-7 tables 2-11 where extremely low income was incorporated category and the income range is missing. Chair Castro Ramirez wanted to know how many family member are in a household. Consultant Barquist responded that it is based on how MFI assumed or categorized households Chair Castro Ramirez asked if it could be added to the language. Page 5-9 under section of rental assistance program had just a minor correction under additional ~ certificate to change to additional vouchers. ~,-1 Counsel Chenier commented that staff recommendation was to send the draft to the State for comments. Consultant Barquist confirmed the recommendation of staff to send the Housing Element draft to the State for revision base on the comments received by HCD for the 2000 review letter. Chair Castro-Ramirez opened the public hearing. Chris Christensen 4817 Palm Avenue City of La Mesa, commented the Housing Element needs to be more than a large thick document that the city passes on to the State for review. Developers and citizens use it to plan and to administer the housing; goals of the City of Lynwood, California and one of the things that he found striking is a lack in many cases to address issues on work force housing, in many cases housing elements are well intended and they do very well in many cases to address the needs of low, and very low income which is very important; as important as the needs of working families who come here and try to live the "American Dream" of having affordable home ownership which often time is the leg up to be a viable member of society, and is one of the ways people fund college education for themselves and their children. ~ He pointed out some specific comments that the consultant went through. With respect to Page 2-11 he drew attention to the fact the comment references to the housing units of the City of Lynwood which consist of 47.1 owner occupied units, and goes on to say that there were significantly more owner occupied housing units state wide, 56.9% he believes is a marketing discrepancy and again providing opportunity such as condominium conversions will allow not only for urban infill redevelopment but will also provide much needed home ownership opportunities and bring the city housing numbers more in line with the state and the national level which he believes is closer than 70%. Regarding Page 2-14, table 2-23 he commented about the changes on how for sale affordable housing jumped 23.3% from July 2005 to July 2006, again he pointed out that condominium conversions often provide a much needed relief to provide people with that first step of home ownership. Regarding Page 4.7 table 4.5 item B, he mentioned that it refers to parking standards, and noted that all developments prescribe to standards and that no known projects have been deemed infeasible due to the existing parking requirements. He believes his project is difficult to meet and there shall be some sort of relief particularly for housing opportunities that provide a relief for the median income residents. n Regarding Page 5.9 he indicated that first time home buyer programs in the city will seek to provide assistance to 3 families on an annual basis if the City considered infill projects and condo conversions and that it would probably be able to help more than 3 families which is such a small number. Regarding Goal 4 page 5-14, he indicated that in order to ensure energy efficiency and self-sufficiency, some of the goals could be reached by replacing windows and doors and water fixtures. He respectfully asked the Planning Commission to consider condo conversions as part of the Housing Element. Chair Castro Ramirez Closed the public hearing. Chair Castro Ramirez asked staff and consultant to double check page 2-li to verify the numbers and update them as necessary. She also asked that language be added on pages 5-12 and 5-13 related to work force housing and transient oriented development as part of the City's strategy to increase affordable housing. Chair Castro Ramirez asked if there were any additional comments. ~ Chair Castro Ramirez commented the Housing Element named infill projects and indicated that this wouldn't be the last time the Planning Commission would review this project. Counsel clarified that the Planning Commission was not adopting the document, but sending it to the state if the Planning Commission had the majority vote and made recommendations. Commissioner Younger asked if the Planning Commission could make a motion to accept the document and send it to the state Counsel agreed that the recommendation comes from staff and the consultant. He further stated that the document would go to the state for revision and they would probably send it back with corrections. He stated that it was not the final document. Motion by Commissioner Younger to accept the Housing Element document as submitted and send it to the state for comments. Inaudible ~ Chair Castro Ramirez said she would like to make an amendment to the motion to accept and include the comments that were provided. Motion by Commissioner Younger, seconded by Commissioner Enciso Chair Castro-Ramirez requested roll call. Development Services Manager Colin called roll and the motion to send Housing Element Draft to State for review was approve and passed 4-0 with Commissioner Araujo, Manlapaz and Patel absent. Castro Ramirez- Approved West- Approved Araujo- Absent Enciso- Approved Manlapaz- Absent Patel- Absent Younger- Approved ROLL CALL AYES: WEST, ENCISO, YOUNGER & CASTRO RAMIREZ NOES: ABSENT: ARAU)O, MANLAPAZ & PATEL ABSTAIN: CONTINUED REGULAR AGENDA None NEW REGULAR AGENDA Item # 10 Brown Act and Robert's Rules of Order APPLICANT: City of Lynwood Chair Castro Ramirez asked if the item could be continued until all the Planning Commissioners were present. Counsel explained there would be a series of presentations and agreed to ~-`~. postpone the item until the next meeting. Commissioner Younger agreed. By general consensus the item was continued to the next regular meeting September 11~' 2007. COMMISSION ORALS Vice Chair West told commissioners to be cautious with comments made by developers. He also commented about a final given by staff to a fence permit on property located at 10911 Pine Avenue. He indicated that the fence was not in compliance and that violations were visible. Vice Chair West wanted to be sure the project had not been signed off yet. Chair Castro Ramirez asked for a report on the EI Paisa project and the Fernwood project. She also asked commissioners to be respectful and give constructive criticism in private, and to try not to make negative comments about other commissioner in front of the public. STAFF ORALS Development Services Manager Colin introduced Interim Director Gabriel Elliott, consultant from Willdan. r~ Interim Director Elliott said he was glad to be part of staff and commented he was challenged with internal issues in the City of Lynwood and that he brings a global view. He indicated that the City should find a common ground, and encourage home ownership. Counsel Cheneir commented the meeting was well conducted. ADJOURNMENT Motion by Commissioner Enciso, and second by Commissioner Younger. The meeting was adjourned at 7:45pm. r^ AGENDA ITEM # 8 CUP NO. 2007-14 TTM NO. 2007-08 (69283) VAR NO. 2007-05 DATE: September li, 2007 TO: Honorable Chair and Members of the Planning Commission FROM: Gabriel Elliott, Interim Development Service Director BY: Karen Figueredo, Planning Assistant SUBJECT: CONDITIONAL PERMIT No 2007-14, TENTATIVE TRACT MAP NO. 2007-03 (69283) & VARIANCE NO. 2007-05 11339-11341 Louise Avenue Assessor Parcel Number 6194-023-043 APPLICANT: Alan Ream PROPOSAL The applicant is requesting approval to convert fourteen (14) existing apartments into ~ residential condominiums. The residences consist of six (6) buildings, two stories in height with attached one and two-car garages. The subject property is located at 11339-11341 Louise Avenue, Assessor Parcel Number 6194-023-043, in the R-3 (Multiple-Family Residential) zone. ANALYSIS & DISCUSSION The subject property totals 25,929 square feet (0.59-acres) in area and is located on the west side of Louise Avenue between Sanborn Avenue and Martin Luther King Jr. Boulevard. The site plan indicates the property is rectangular in shape totaling 25,929 square feet with the driveway providing a minimum of twenty five feet (25~ for the existing apartments. Per section 25.65.060 of the Lynwood Municipal Code, each residence consisting of three or fewer bedrooms shall provide atwo-car garage and residences consisting of four or more bedrooms shall provide a three car garage. Each enclosed parking stall shall provide 10' x 20' interior clear dimensions. The project is proposing 26 enclosed parking spaces, consisting of ten (10) 1-car ~ garages, and two (2) 8-car enclosed carports, or a total of sixteen (16) carport spaces. 1 No open guest parking stalls are provided. The current code requirements mandate providing twenty-eight (28) enclosed parking stalls, plus 7 guests parking stalls, totaling 35 parking spaces. Floor plans identify a total of six buildings with three buildings and seven units located at 11339 Louise Avenue and the other three buildings located at 11341 Louise Avenue consist of seven units. There are a total of ten 2-bedroom units and four 3-bedroom units within the development. The elevations identify two-story structures with stucco siding and composition asphalt shingle roofs. In the R-3 zone the Lynwood Municipal Code allows a maximum density of one (1) unit per 2,420 square feet of property area. The properly is sufficient in size to accommodate a maximum of ten (10) residential condominiums. The property is legal non-conforming per Conditional Use Permit 88093, Resolution No. 2247, approved by the Planning Commission. The proposal is consistent with provisions set forth in the State Subdivision Map Act and Lynwood Municipal Code Chapter 24, Subdivisions. Staff and the applicant have met, and have reviewed the project. In order to meet current code standards, the number of proposed units would need to be reduced from. fourteen (14) to twelve (12). By converting fourteen (14) apartment units into twelve (12) condominiums, the project would require a total of thirty (30) parking spaces, which include twenty four (24) enclosed parking spaces, and six (6) guest parking stalls. During the meeting, the applicant proposed that the project be approved as originally presented (which includes converting fourteen (14) apartments into fourteen (14) condominiums), subject to meeting prevailing parking requirements prior to map recordation. In summary, the applicant considers that the parking requirements may decrease in the future, thereby positively impacting his project. In response to the applicant's comments from the last Planning Commission meeting and at the meeting with staff, staff has come up with options that demonstrate our understanding of the applicant's dilemma. The applicant has referenced the City of San Diego as an example of municipality that has the same parking requirements for ~ apartments and condominiums, eliminating the need for parking variances for condo conversions. Although it is not certain that the City will adopt new parking standards for 2 condo conversions, they are leaving the door open for such opportunity when it arises. The map, if approved, is good for two years, and may be extended up to five years. The recommendation by staff gives the Planning Commission options on the project. Since staff cannot guess what the Planning Commission will do, no resolutions are included. Depending on Planning Commission action, the appropriate and corresponding resolution, finding and/or conditions of approval will be brought back at the next Planning Commission meeting. ENVIRONMENTAL REVIEW The Development Services Department has determined that the project is categorically exempt from California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301(k). RECOMMENDATION Staff recommends that the Planning Commission select one of the three following ~ options: A. Deny Conditional Use Permit No. 2007-14 to convert fourteen (14) residential apartments into fourteen (14) residential condominiums. B. Approve Conditional Use Permit No. 2007-14 to convert fourteen (14) existing condominiums into twelve (12) residential condominiums. C. Approve Conditional Use Permit No. 2007-14 to convert fourteen (14) existing residential apartments into fourteen (14) residential condominiums subject to meeting prevailing parking requirements at the time of map recordation. Attachments: 1. Project Profile 2. Location Map 3. Plans 3 r^ PROJECT PROFILE Conditional Use Permit No 2007-14 Tentative Tract Map No. 2007-04 (69283) & Variance 2007-05 11339-11341 Louise Avenue (APN 6197-023-043) 1. Source and Authority Lynwood Municipal Code (LMC) Section 25.20 sets forth development standards in residential zones and LMC Chapter 24 sets forth subdivision regulations. 2. Property Location and Size The subject property totals 25,929 square feet in area. The project proposes to convert fourteen (14) existing apartments into residential condominiums. The residences consist of six (6) buildings, two-stories in height with attached garages. 3. Existing Land Uses Site Developed North: Multi Family Residential South: Multi Family Residential West: Two Family Residential East: Multi Family Residential 4. Land Use Designation The subject property has a General Plan Designation of Multi Family Residential and the current zoning is R-3 (Multi Family Residential). The adjoining properties General Plan and Zoning designations are as follows: r~ Site General Plan North: Multi Family Residential South: Multi Family Residential West: Two Family Residential East: Multi Family Residential Zonin R-3 (Multi Family Residential) R-3 (Multi Family Residential) R-2 (Two Family Residential) R-3 (Multi Family Residential) 4 5. Site Plan Review The Site Plan Review Committee has reviewed the project denied and recommended to be continued to the next regular meeting August 14, 2007 pending Fire Department approval and redesign of project. 6. Code Enforcement History None at the time of this report. 7. Public Response None at the time of this report. 5 I f CuscNo.`'OP 2007-14, TTM 2007-03 & VAR 2007-OS ^ Site Address: 11339-11341 LOUISE-AVENUE r \ Applicant Name: Alan Ream (g) 300' or [ ] 500' Radius Map III <<~ `.tit i ~ a ti~~,^~ r~ ~ C L ~.