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Home My Public Portal About2004-176A (10-19-04)RESOLUTION NO. ~ 2004.176-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DENYING APPEAL NO. 2004-03, ~ ~ THEREBY UPHOLDING THE DECISION OF THE '~_ PLANNING COMMISSION TO APPROVE THE PROJECT TO DEVELOP EIGHT (8) DETACHED SINGLE FAMILY RESIDENCES, TWO-STORIES IN HEIGHT, LOCATED AT 4237 - 4241 IMPERIAL HIGHWAY IN THE PRD (PLANNED RESIDENTIAL DEVELOPMENT) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6192-023-024 AND 025, CITY OF. LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on September 14, 2004 conducted a public hearing and approved the project; and WHEREAS, the Lynwood City Council, pursuant to law, conducted a duly noticed public hearing on October 19, 2004; and WHEREAS, the Lynwood City Council considered all oral and written testimony offered at the public hearing; and (~` WHEREAS, the Development Services Department has determined that the ~' proposal may have significant impacts on the environment, therefore, an Initial Study was i performed, mitigation measures included, and a Negative Declaration prepared pursuant to provisions set forth in the California Environmental Qualify Act (CEQA), therefore; Section 1. The City Council of the City of Lynwood hereby finds and determines as follows: A. The granting of the proposed conditional use permit will not adversely affect the comprehensive General Plan. The project is consistent with the Multi- Family Residential Designation on the Lynwood General Plan Land Use Map. B. 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. With approval of Zone Change No. 2004-03, the zoning would be amended from R-1 (Single-Family Residential) to PRD (Planned Residential Development). The project and the zoning are consistent with density and development standards set forth in the PRD zone. C. 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 and mitigation measures have been incorporated into the project to reduce potential impacts to a level of insignificance. D. 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 complies with all development standards set forth in the PRD zone. No variances are necessary. H.\W'ORDFILE\PLANMNGVLESOS\council.reso.4237-4limperiaLappea12004-03.doc 1 Section 2. The City Council of the City of Lynwood hereby denies Appeal No. 2004-05 thereby upholding the decision of the Lynwood Planning Commission to approve the project. The project is subject to all conditions of approval set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use must be acted upon or substantial progress observed within one hundred eighty (180) days of approval, otherwise such approval is null and void. One (1) extension of ninety (90) days ma;y 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, Planning Division. 2. 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 Development Services Department, Planning Division. 3. The applicant shall meet the requirements of all other City Departments to include but not be limited to Building & Safety, Environmental Services, Redevelopment and Code Enforcement. 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 applicant and/or his representative 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 any building permits. 6. The conditions of approval shall be printed on the cover page of the plans prior to submission to the Building and Safety, Division for plan check. PLANNINI'G DIVISION 7. Landscaped areas shall consist of a minimum of thirty-five (35%) percent of the gross lot area for each parcel. The required front, rear, and side yards shall be landscaped and shall consist predominately of plant materials except for necessary walks, drives and fences. Landscap,~ing and permanent irrigation systems shall be installed in accordance with detailed., plans to be submitted and approved by the Planning Division prior to issuance of any building permits. The front setback area shall consist of rolled turf. ~~ 8. A six (6') foot high solid block wall shall be installed around the perimeter of the ,,..~ property. Solid and sight-obscuring fences shall be installed between each parcel, except within the twenty-foot (20') ',ifront yard setback areas. Front yard fences may be permitted not exceeding four feet (4~ in height and constructed of open wrought iron or wrought iron with block pilasters subject to a fence permit. 9. 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. 10. All driveways, access ways and par,;king areas shall be permanently paved and maintained. .Such. vehicle access Hand parking areas shall remain clear and available for vehicle access and parking at all times. H~.\WORDFILE\PLANNINGUtESOS\counciLreso.4237-4limpenaLappea12004-03.doc 2 11. 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 non-reflective materials of Spanish tile, concrete tile, clay tile, or equivalent as approved by the Lynwood Planning Commission. 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 contact utility companies including Southern California Edison to ascertain easements and/or covenants present on the subject properties. Any such easements and/or covenants shall be recorded on the Final Tract Map. 15. Front elevations of each residence shall have superior architectural design with varying building lines and construction materials. 16. This project is subject to approval of Zone Change No. 2004-03 and all conditions set forth therein. 17. No bedroom windows shall be permitted on the rear elevation of the second stories that face Pine Avenue and/or Pendleton Avenue. _ Only a small frosted bathroom window may be permitted. DEPARTMENT OF ENVIRONMENTAL SERVICES/ENGINEERING 18. Submission and recordation of a Tract Map is required. Certificates of occupancy will not be issued prior to the recordation of a subdivision map. 19. 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. 20. Construct new drive approach per APWA standards. 21. Modify existing drive approach and construct proposed drive approach per APWA standards. 22. Proposed drive approach and driveway shall be realigned away from the existing street trees. 23. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. When connecting to an existing lateral, a City approved contractor shall verify the size of such laterals and provide proof of its integrity by providing a videotape of the lateral to the Department of Environmental Services/Engineering Division. Extension of the City's sewer main might be necessary. Developer shall fully pay for this sewer main extension on Imperial Highway. 24. Remove existing street tree(s). pavement. Reconstruct damaged sidewalk, curb and H:\WORDFILE~PLANNMGVtESOSkouncil.reso.4237-4limperial.appea@004-03.doc O 25. Install two (2) 24" box street trees per APWA standards along Imperial Highway. 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. 26. Regrade parkway and landscape with grass. 27. Underground all new utilities. 26. A permit from the Engineering Divisio ~ 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 rperformed by a licensed contractor hired by the developer. ~~he contactor must obtain a permit from the Public Works/ Engineering Division prior to performing any work. Each building shall have its own water service/meter. 28. Provide cul-de-sac at end of common driveway to accommodate trash truck and emergency vehicles turnaround. BUILDING AND SAFETY DIVISION 29. 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- 2 ~~ 01 edition ~ The Los Angeles County Fire Code - 1999 edition; The Nation Electric Code - 2001 edition; All as amended by the California Building Code. 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 FIRE DEPARTMENT 30. 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. H.\WORDFILE\PLANNINGUtESOS\counciLreso.4237-4limperial.appea@004-03.doc 4 APPROVED AND ADOPTED this 19ti' day of October, 2004, by members of the Lynwood City Council. ATTEST: O~' ANDREA L. HOOPER, City Clerk City of Lynwood ~ti-- ~-~-~-~ RNOLDO BELTRAN, City Attorney ity of Lynwood H:~ W ORDFILE~PLANNINGUtESOS~counciLreso.4237-41 imperial. appea@004-03.dce r LOUIS BYRD, Mayor City of Lynwood JO EPH W erim City Hager City of Lynwood GRANT TAYLOR, Di or City of Lynwood 5 STATE OF CALIFORNIA COUNTY OF LOS ANGELES )SS I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 19th day of October ,, 2004. AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD NOES: NONE ABSENT: NONE ABSTAIN: NONE ~~ City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 2004 176- on file in my office and that said ordinance was adopted on the date and by the vote therein stated. Dated this 19th day of October , 2004. ~` City Clerk, City of Lynwood H:\WORDFILE\PLANNINGUtESOS\council.reso.4237-4limperial.appea12004-03.doc c